As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 172 5
1999-2000 6
SENATORS DRAKE-McLIN-HAGAN-PRENTISS-HERINGTON-SPADA- 7
REPRESENTATIVES VAN VYVEN-TERWILLEGER-BRADING-AMSTUTZ-MYERS- 8
ALLEN-BARNES-MEAD-CORBIN-O'BRIEN-D. MILLER- 9
KRUPINSKI-BARRETT-BRITTON 10
_________________________________________________________________ 11
A B I L L
To amend sections 121.22, 2317.02, 3705.05, 3705.25, 13
3719.121, 3793.07, 4725.16, 4725.17, 4725.34, 15
4729.07, 4729.11, 4729.12, 4729.16, 4729.39, and 16
4729.55 and to enact sections 4725.171 and
4729.19 of the Revised Code to extend the 18
physician-patient testimonial privilege to
include certain communications from physicians to 19
pharmacists and between patients and pharmacists, 20
to revise the law governing consult agreements 22
between physicians and pharmacists, to prohibit
withdrawing an application for licensure without 23
the approval of the State Board of Pharmacy, to 24
make other changes to the law governing the
practice of pharmacy, to allow the health 25
commissioners of the health districts that 26
constitute a combined primary registration 27
district to jointly appoint the local registrar
of vital statistics for the combined district, to 28
allow a board of health, on a recommendation of 29
the health commissioner, to remove from office
the local registrar of vital statistics, to 31
require the Department of Alcohol and Drug
Addiction Services to establish a process for the 32
certification or credentialing of chemical 33
dependency professionals, to make changes in the 34
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laws pertaining to the reinstatement and late
renewal of licenses to practice optometry, to 35
amend the version of section 121.22 of the 36
Revised Code that is scheduled to take effect 37
December 24, 2000, to continue the provisions of 38
this act on and after that effective date to
enact new section 3793.07 and to repeal section 39
3793.07 of the Revised Code to terminate certain
provisions of this act by restoring prior law on 40
July 1, 2002.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 42
Section 1. That sections 121.22, 2317.02, 3705.05, 44
3705.25, 3719.121, 3793.07, 4725.16, 4725.17, 4725.34, 4729.07, 45
4729.11, 4729.12, 4729.16, 4729.39, and 4729.55 be amended and 46
sections 4725.171 and 4729.19 of the Revised Code be enacted to 48
read as follows: 49
Sec. 121.22. (A) This section shall be liberally 58
construed to require public officials to take official action and 59
to conduct all deliberations upon official business only in open 60
meetings unless the subject matter is specifically excepted by 61
law. 62
(B) As used in this section: 64
(1) "Public body" means any of the following: 66
(a) Any board, commission, committee, council, or similar 68
decision-making body of a state agency, institution, or 69
authority, and any legislative authority or board, commission, 70
committee, council, agency, authority, or similar decision-making 72
body of any county, township, municipal corporation, school 73
district, or other political subdivision or local public 74
institution;
(b) Any committee or subcommittee of a body described in 76
division (B)(1)(a) of this section; 77
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(c) A court of jurisdiction of a sanitary district 79
organized wholly for the purpose of providing a water supply for 80
domestic, municipal, and public use when meeting for the purpose 82
of the appointment, removal, or reappointment of a member of the 83
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 84
related to such a district other than litigation involving the 85
district. As used in division (B)(1)(c) of this section, "court 86
of jurisdiction" has the same meaning as "court" in section 87
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 89
public business of the public body by a majority of its members. 90
(3) "Regulated individual" means either of the following: 92
(a) A student in a state or local public educational 94
institution; 95
(b) A person who is, voluntarily or involuntarily, an 97
inmate, patient, or resident of a state or local institution 98
because of criminal behavior, mental illness or retardation, 99
disease, disability, age, or other condition requiring custodial 100
care. 101
(C) All meetings of any public body are declared to be 103
public meetings open to the public at all times. A member of a 104
public body shall be present in person at a meeting open to the 106
public to be considered present or to vote at the meeting and for 107
purposes of determining whether a quorum is present at the 108
meeting. 109
The minutes of a regular or special meeting of any public 112
body shall be promptly prepared, filed, and maintained and shall 113
be open to public inspection. The minutes need only reflect the 114
general subject matter of discussions in executive sessions 115
authorized under division (G) or (J) of this section.
(D) This section does not apply to any of the following: 117
(1) A grand jury; 119
(2) An audit conference conducted by the auditor of state 121
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or independent certified public accountants with officials of the 123
public office that is the subject of the audit; 124
(3) The adult parole authority when its hearings are 127
conducted at a correctional institution for the sole purpose of 128
interviewing inmates to determine parole or pardon; 129
(4) The organized crime investigations commission 131
established under section 177.01 of the Revised Code; 132
(5) Meetings of a child fatality review board established 134
under section 307.621 of the Revised Code and meetings conducted 135
pursuant to sections 5153.171 to 5153.173 of the Revised Code; 136
(6) The state medical board when determining whether to 138
suspend a certificate without a prior hearing pursuant to 139
division (G) of either section 4730.25 or 4731.22 of the Revised 140
Code;
(7) The board of nursing when determining whether to 143
suspend a license without a prior hearing pursuant to division 144
(B) of section 4723.181 of the Revised Code;
(8) THE STATE BOARD OF PHARMACY WHEN DETERMINING WHETHER 146
TO SUSPEND A LICENSE WITHOUT A PRIOR HEARING PURSUANT TO DIVISION 147
(D) OF SECTION 4729.16 OF THE REVISED CODE; 148
(9) The executive committee of the emergency response 150
commission when determining whether to issue an enforcement order 151
or request that a civil action, civil penalty action, or criminal 152
action be brought to enforce Chapter 3750. of the Revised Code. 153
(E) The controlling board, the development financing 155
advisory council, the industrial technology and enterprise 156
advisory council, the tax credit authority, or the minority 157
development financing advisory board, when meeting to consider 158
granting assistance pursuant to Chapter 122. or 166. of the 159
Revised Code, in order to protect the interest of the applicant 160
or the possible investment of public funds, by unanimous vote of 161
all board, council, or authority members present, may close the 162
meeting during consideration of the following information 163
confidentially received by the authority, council, or board from 164
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the applicant:
(1) Marketing plans; 166
(2) Specific business strategy; 168
(3) Production techniques and trade secrets; 170
(4) Financial projections; 172
(5) Personal financial statements of the applicant or 174
members of the applicant's immediate family, including, but not 175
limited to, tax records or other similar information not open to 177
public inspection. 178
The vote by the authority, council, or board to accept or 181
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 184
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 186
reasonable method whereby any person may determine the time and 187
place of all regularly scheduled meetings and the time, place, 188
and purpose of all special meetings. A public body shall not 189
hold a special meeting unless it gives at least twenty-four 190
hours' advance notice to the news media that have requested 191
notification, except in the event of an emergency requiring 192
immediate official action. In the event of an emergency, the 193
member or members calling the meeting shall notify the news media 194
that have requested notification immediately of the time, place, 195
and purpose of the meeting. 196
The rule shall provide that any person, upon request and 199
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 200
business is to be discussed. Provisions for advance notification 201
may include, but are not limited to, mailing the agenda of 202
meetings to all subscribers on a mailing list or mailing notices 203
in self-addressed, stamped envelopes provided by the person. 204
(G) Except as provided in division (J) of this section, 207
the members of a public body may hold an executive session only 208
after a majority of a quorum of the public body determines, by a 209
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roll call vote, to hold an executive session and only at a 211
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 212
(1) To consider the appointment, employment, dismissal, 214
discipline, promotion, demotion, or compensation of a public 215
employee or official, or the investigation of charges or 216
complaints against a public employee, official, licensee, or 217
regulated individual, unless the public employee, official, 218
licensee, or regulated individual requests a public hearing. 219
Except as otherwise provided by law, no public body shall hold an 220
executive session for the discipline of an elected official for 221
conduct related to the performance of the elected official's 222
official duties or for the elected official's removal from 224
office. If a public body holds an executive session pursuant to 226
division (G)(1) of this section, the motion and vote to hold that 227
executive session shall state which one or more of the approved 228
purposes listed in division (G)(1) of this section are the 229
purposes for which the executive session is to be held, but need 230
not include the name of any person to be considered at the 231
meeting.
(2) To consider the purchase of property for public 233
purposes, or for the sale of property at competitive bidding, if 234
premature disclosure of information would give an unfair 235
competitive or bargaining advantage to a person whose personal, 236
private interest is adverse to the general public interest. No 237
member of a public body shall use division (G)(2) of this section 239
as a subterfuge for providing covert information to prospective 241
buyers or sellers. A purchase or sale of public property is void 242
if the seller or buyer of the public property has received covert 243
information from a member of a public body that has not been 244
disclosed to the general public in sufficient time for other 245
prospective buyers and sellers to prepare and submit offers. 246
If the minutes of the public body show that all meetings 248
and deliberations of the public body have been conducted in 249
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compliance with this section, any instrument executed by the 250
public body purporting to convey, lease, or otherwise dispose of 251
any right, title, or interest in any public property shall be 252
conclusively presumed to have been executed in compliance with 253
this section insofar as title or other interest of any bona fide 254
purchasers, lessees, or transferees of the property is concerned. 255
(3) Conferences with an attorney for the public body 257
concerning disputes involving the public body that are the 258
subject of pending or imminent court action; 259
(4) Preparing for, conducting, or reviewing negotiations 261
or bargaining sessions with public employees concerning their 262
compensation or other terms and conditions of their employment; 263
(5) Matters required to be kept confidential by federal 265
law or regulations or state statutes; 266
(6) Specialized details of security arrangements if 268
disclosure of the matters discussed might reveal information that 269
could be used for the purpose of committing, or avoiding 270
prosecution for, a violation of the law; 271
(7) In the case of a county hospital operated pursuant to 273
Chapter 339. of the Revised Code, to consider trade secrets, as 275
defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any 277
of the matters listed in divisions (G)(2) to (7) of this section, 279
the motion and vote to hold that executive session shall state 280
which one or more of the approved matters listed in those 281
divisions are to be considered at the executive session. 282
A public body specified in division (B)(1)(c) of this 285
section shall not hold an executive session when meeting for the
purposes specified in that division. 286
(H) A resolution, rule, or formal action of any kind is 288
invalid unless adopted in an open meeting of the public body. A 289
resolution, rule, or formal action adopted in an open meeting 290
that results from deliberations in a meeting not open to the 291
public is invalid unless the deliberations were for a purpose 292
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specifically authorized in division (G) or (J) of this section 293
and conducted at an executive session held in compliance with 294
this section. A resolution, rule, or formal action adopted in an 295
open meeting is invalid if the public body that adopted the 296
resolution, rule, or formal action violated division (F) of this 297
section. 298
(I)(1) Any person may bring an action to enforce this 300
section. An action under division (I)(1) of this section shall 302
be brought within two years after the date of the alleged 303
violation or threatened violation. Upon proof of a violation or 304
threatened violation of this section in an action brought by any 305
person, the court of common pleas shall issue an injunction to 306
compel the members of the public body to comply with its 307
provisions. 308
(2)(a) If the court of common pleas issues an injunction 310
pursuant to division (I)(1) of this section, the court shall 311
order the public body that it enjoins to pay a civil forfeiture 312
of five hundred dollars to the party that sought the injunction 313
and shall award to that party all court costs and, subject to 314
reduction as described in division (I)(2) of this section, 316
reasonable attorney's fees. The court, in its discretion, may 317
reduce an award of attorney's fees to the party that sought the 318
injunction or not award attorney's fees to that party if the 319
court determines both of the following: 320
(i) That, based on the ordinary application of statutory 322
law and case law as it existed at the time of violation or 323
threatened violation that was the basis of the injunction, a 324
well-informed public body reasonably would believe that the 325
public body was not violating or threatening to violate this 326
section; 327
(ii) That a well-informed public body reasonably would 329
believe that the conduct or threatened conduct that was the basis 330
of the injunction would serve the public policy that underlies 331
the authority that is asserted as permitting that conduct or 332
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threatened conduct. 333
(b) If the court of common pleas does not issue an 335
injunction pursuant to division (I)(1) of this section and the 336
court determines at that time that the bringing of the action was 337
frivolous conduct, as defined in division (A) of section 2323.51 338
of the Revised Code, the court shall award to the public body all 339
court costs and reasonable attorney's fees, as determined by the 340
court. 341
(3) Irreparable harm and prejudice to the party that 343
sought the injunction shall be conclusively and irrebuttably 344
presumed upon proof of a violation or threatened violation of 345
this section. 346
(4) A member of a public body who knowingly violates an 348
injunction issued pursuant to division (I)(1) of this section may 349
be removed from office by an action brought in the court of 350
common pleas for that purpose by the prosecuting attorney or the 351
attorney general. 352
(J)(1) Pursuant to division (C) of section 5901.09 of the 354
Revised Code, a veterans service commission shall hold an 355
executive session for one or more of the following purposes 356
unless an applicant requests a public hearing: 357
(a) Interviewing an applicant for financial assistance 359
under sections 5901.01 to 5901.15 of the Revised Code; 360
(b) Discussing applications, statements, and other 362
documents described in division (B) of section 5901.09 of the 363
Revised Code; 364
(c) Reviewing matters relating to an applicant's request 366
for financial assistance under sections 5901.01 to 5901.15 of the 367
Revised Code.
(2) A veterans service commission shall not exclude an 369
applicant for, recipient of, or former recipient of financial 370
assistance under sections 5901.01 to 5901.15 of the Revised Code, 371
and shall not exclude representatives selected by the applicant, 373
recipient, or former recipient, from a meeting that the
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commission conducts as an executive session that pertains to the 374
applicant's, recipient's, or former recipient's application for 375
financial assistance.
(3) A veterans service commission shall vote on the grant 377
or denial of financial assistance under sections 5901.01 to 378
5901.15 of the Revised Code only in an open meeting of the 380
commission. The minutes of the meeting shall indicate the name, 381
address, and occupation of the applicant, whether the assistance 382
was granted or denied, the amount of the assistance if assistance 383
is granted, and the votes for and against the granting of 384
assistance.
Sec. 2317.02. The following persons shall not testify in 393
certain respects: 394
(A) An attorney, concerning a communication made to the 396
attorney by a client in that relation or the attorney's advice to 398
a client, except that the attorney may testify by express consent 399
of the client or, if the client is deceased, by the express 400
consent of the surviving spouse or the executor or administrator 401
of the estate of the deceased client and except that, if the 402
client voluntarily testifies or is deemed by section 2151.421 of 403
the Revised Code to have waived any testimonial privilege under 404
this division, the attorney may be compelled to testify on the 405
same subject;
(B)(1) A physician or a dentist concerning a communication 407
made to the physician or dentist by a patient in that relation or 408
the physician's or dentist's advice to a patient, except as 410
otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient 411
is deemed by section 2151.421 of the Revised Code to have waived 412
any testimonial privilege under this division, the physician may 413
be compelled to testify on the same subject. 414
The testimonial privilege established under this division 416
does not apply, and a physician or dentist may testify or may be 417
compelled to testify, in any of the following circumstances: 418
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(a) In any civil action, in accordance with the discovery 420
provisions of the Rules of Civil Procedure in connection with a 421
civil action, or in connection with a claim under Chapter 4123. 422
of the Revised Code, under any of the following circumstances: 423
(i) If the patient or the guardian or other legal 425
representative of the patient gives express consent; 426
(ii) If the patient is deceased, the spouse of the patient 428
or the executor or administrator of the patient's estate gives 430
express consent;
(iii) If a medical claim, dental claim, chiropractic 432
claim, or optometric claim, as defined in section 2305.11 of the 433
Revised Code, an action for wrongful death, any other type of 434
civil action, or a claim under Chapter 4123. of the Revised Code 435
is filed by the patient, the personal representative of the 436
estate of the patient if deceased, or the patient's guardian or 438
other legal representative.
(b) In any criminal action concerning any test or the 440
results of any test that determines the presence or concentration 441
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 442
the patient's blood, breath, urine, or other bodily substance at 443
any time relevant to the criminal offense in question. 444
(c) In any criminal action against a physician or dentist. 447
In such an action, the testimonial privilege established under 448
this division does not prohibit the admission into evidence, in 449
accordance with the Rules of Evidence, of a patient's medical or 452
dental records or other communications between a patient and the 453
physician or dentist that are related to the action and obtained 454
by subpoena, search warrant, or other lawful means. A court that 455
permits or compels a physician or dentist to testify in such an 456
action or permits the introduction into evidence of patient 457
records or other communications in such an action shall require 458
that appropriate measures be taken to ensure that the 459
confidentiality of any patient named or otherwise identified in 460
the records is maintained. Measures to ensure confidentiality 461
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that may be taken by the court include sealing its records or 462
deleting specific information from its records. 463
(2)(a) If any law enforcement officer submits a written 465
statement to a health care provider that states that an official 466
criminal investigation has begun regarding a specified person or 467
that a criminal action or proceeding has been commenced against a 468
specified person, that requests the provider to supply to the 469
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 470
specified person to determine the presence or concentration of 471
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 472
person's blood, breath, or urine at any time relevant to the 473
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 474
specifically prohibited by any law of this state or of the United 475
States, shall supply to the officer a copy of any of the 476
requested records the provider possesses. If the health care 477
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 478
indicates that the provider does not possess any of the requested 479
records.
(b) If a health care provider possesses any records of the 481
type described in division (B)(2)(a) of this section regarding 482
the person in question at any time relevant to the criminal 483
offense in question, in lieu of personally testifying as to the 484
results of the test in question, the custodian of the records may 485
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 486
admitted as evidence in accordance with the Rules of Evidence. 487
Division (A) of section 2317.422 of the Revised Code does not 488
apply to any certified copy of records submitted in accordance 489
with this division. Nothing in this division shall be construed 490
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 491
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person under whose supervision the test was administered, the 492
custodian of the records, the person who made the records, or the 493
person under whose supervision the records were made. 494
(3)(a) If the testimonial privilege described in division 496
(B)(1) of this section does not apply as provided in division 497
(B)(1)(a)(iii) of this section, a physician or dentist may be 498
compelled to testify or to submit to discovery under the Rules of 499
Civil Procedure only as to a communication made to the physician 500
or dentist by the patient in question in that relation, or the 501
physician's or dentist's advice to the patient in question, that 503
related causally or historically to physical or mental injuries 504
that are relevant to issues in the medical claim, dental claim, 505
chiropractic claim, or optometric claim, action for wrongful 506
death, other civil action, or claim under Chapter 4123. of the 507
Revised Code.
(b) If the testimonial privilege described in division 509
(B)(1) of this section does not apply to a physician or dentist 510
as provided in division (B)(1)(b) of this section, the physician 511
or dentist, in lieu of personally testifying as to the results of 512
the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is 513
qualified as authentic evidence and may be admitted as evidence 514
in accordance with the Rules of Evidence. Division (A) of 515
section 2317.422 of the Revised Code does not apply to any 516
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 517
the right of any party to call as a witness the person who 518
administered the test in question, the person under whose 519
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 520
person under whose supervision the results were compiled. 521
(4) THE TESTIMONIAL PRIVILEGE DESCRIBED IN DIVISION (B)(1) 524
OF THIS SECTION IS NOT WAIVED WHEN A COMMUNICATION IS MADE BY A 525
PHYSICIAN TO A PHARMACIST OR WHEN THERE IS COMMUNICATION BETWEEN 526
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A PATIENT AND A PHARMACIST IN FURTHERANCE OF THE 527
PHYSICIAN-PATIENT RELATION.
(5)(a) As used in divisions (B)(1) to (3)(4) of this 529
section, "communication" means acquiring, recording, or 531
transmitting any information, in any manner, concerning any 532
facts, opinions, or statements necessary to enable a physician or 533
dentist to diagnose, treat, prescribe, or act for a patient. A 534
"communication" may include, but is not limited to, any medical 535
or dental, office, or hospital communication such as a record, 536
chart, letter, memorandum, laboratory test and results, x-ray, 537
photograph, financial statement, diagnosis, or prognosis. 538
(b) As used in division (B)(2) of this section, "health 540
care provider" has the same meaning as in section 3729.01 of the 541
Revised Code.
(5)(6) Divisions (B)(1), (2), (3), and (4), AND (5) of 544
this section apply to doctors of medicine, doctors of osteopathic 545
medicine, doctors of podiatry, and dentists. 546
(6)(7) Nothing in divisions (B)(1) to (5)(6) of this 549
section affects, or shall be construed as affecting, the immunity 550
from civil liability conferred by section 307.628 or 2305.33 of 551
the Revised Code upon physicians who report an employee's use of 553
a drug of abuse, or a condition of an employee other than one 554
involving the use of a drug of abuse, to the employer of the 555
employee in accordance with division (B) of that section. As 556
used in division (B)(6)(7) of this section, "employee," 558
"employer," and "physician" have the same meanings as in section 559
2305.33 of the Revised Code.
(C) A member of the clergy, rabbi, priest, or regularly 561
ordained, accredited, or licensed minister of an established and 563
legally cognizable church, denomination, or sect, when the member 564
of the clergy, rabbi, priest, or minister remains accountable to 566
the authority of that church, denomination, or sect, concerning a 567
confession made, or any information confidentially communicated, 568
to the member of the clergy, rabbi, priest, or minister for a 570
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religious counseling purpose in the member of the clergy's, 571
rabbi's, priest's, or minister's professional character; however, 573
the member of the clergy, rabbi, priest, or minister may testify 575
by express consent of the person making the communication, except 576
when the disclosure of the information is in violation of a 577
sacred trust.; 578
(D) Husband or wife, concerning any communication made by 580
one to the other, or an act done by either in the presence of the 581
other, during coverture, unless the communication was made, or 582
act done, in the known presence or hearing of a third person 583
competent to be a witness; and such rule is the same if the 584
marital relation has ceased to exist.; 585
(E) A person who assigns a claim or interest, concerning 587
any matter in respect to which the person would not, if a party, 589
be permitted to testify;
(F) A person who, if a party, would be restricted under 592
section 2317.03 of the Revised Code, when the property or thing 593
is sold or transferred by an executor, administrator, guardian, 594
trustee, heir, devisee, or legatee, shall be restricted in the 595
same manner in any action or proceeding concerning the property 596
or thing.
(G)(1) A school guidance counselor who holds a valid 598
educator license from the state board of education as provided 600
for in section 3319.22 of the Revised Code, a person licensed 601
under Chapter 4757. of the Revised Code as a professional 602
clinical counselor, professional counselor, social worker, or 603
independent social worker, or registered under Chapter 4757. of 604
the Revised Code as a social work assistant concerning a 605
confidential communication received from a client in that 606
relation or the person's advice to a client unless any of the 608
following applies:
(a) The communication or advice indicates clear and 610
present danger to the client or other persons. For the purposes 611
of this division, cases in which there are indications of present 612
16
or past child abuse or neglect of the client constitute a clear 613
and present danger. 614
(b) The client gives express consent to the testimony. 616
(c) If the client is deceased, the surviving spouse or the 618
executor or administrator of the estate of the deceased client 619
gives express consent. 620
(d) The client voluntarily testifies, in which case the 622
school guidance counselor or person licensed or registered under 623
Chapter 4757. of the Revised Code may be compelled to testify on 625
the same subject.
(e) The court in camera determines that the information 627
communicated by the client is not germane to the counselor-client 628
or social worker-client relationship. 629
(f) A court, in an action brought against a school, its 631
administration, or any of its personnel by the client, rules 632
after an in-camera inspection that the testimony of the school 633
guidance counselor is relevant to that action. 634
(2) Nothing in division (G)(1) of this section shall 636
relieve a school guidance counselor or a person licensed or 638
registered under Chapter 4757. of the Revised Code from the 640
requirement to report information concerning child abuse or 641
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 643
division (A) of section 3109.052 of the Revised Code or otherwise 644
issued in any proceeding for divorce, dissolution, legal 645
separation, annulment, or the allocation of parental rights and 646
responsibilities for the care of children, in any action or 647
proceeding, other than a criminal, delinquency, child abuse, 648
child neglect, or dependent child action or proceeding, that is 649
brought by or against either parent who takes part in mediation 650
in accordance with the order and that pertains to the mediation 651
process, to any information discussed or presented in the 652
mediation process, to the allocation of parental rights and 653
responsibilities for the care of the parents' children, or to the 654
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awarding of visitation rights in relation to their children.; 655
(I) A communications assistant, acting within the scope of 657
the communication assistant's authority, when providing 658
telecommunications relay service pursuant to section 4931.35 of 660
the Revised Code or Title II of the "Communications Act of 1934," 661
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 662
made through a telecommunications relay service. NOTHING IN THIS 664
SECTION SHALL LIMIT THE OBLIGATION OF A COMMUNICATIONS ASSISTANT 665
TO DIVULGE INFORMATION OR TESTIFY WHEN MANDATED BY FEDERAL LAW OR 666
REGULATION OR PURSUANT TO SUBPOENA IN A CRIMINAL PROCEEDING.
Nothing in this section shall limit any immunity or 668
privilege granted under federal law or regulation. Nothing in 669
this section shall limit the obligation of a communications 670
assistant to divulge information or testify when mandated by 671
federal law or regulation or pursuant to subpoena in a criminal 672
proceeding. 673
Sec. 3705.05. In each primary registration district, the 682
board of health of the health district, on the recommendation of 683
the health commissioner, shall appoint the local registrar of 684
vital statistics. When a state hospital or other public 685
institution has been made a primary registration district, the 686
superintendent, or other person in charge thereof, shall be the 687
local registrar of such district. When two or more primary 688
registration districts have been combined into one PRIMARY 689
REGISTRATION district, the director of health COMMISSIONERS OF 691
THE HEALTH DISTRICTS THAT CONSTITUTE THE COMBINED PRIMARY 692
REGISTRATION DISTRICT shall designate JOINTLY APPOINT the local 693
registrar who is to act as local registrar for the combined 694
PRIMARY REGISTRATION district. IF THE HEALTH COMMISSIONERS FAIL 695
TO APPOINT THE LOCAL REGISTRAR FOR THE COMBINED PRIMARY 696
REGISTRATION DISTRICT, THE DIRECTOR OF HEALTH SHALL APPOINT THE 697
LOCAL REGISTRAR.
With the approval of the director OF HEALTH, each local 699
registrar shall appoint a deputy registrar who, in case of the 700
18
absence, illness, or disability of the local registrar, shall act 701
in his THE LOCAL REGISTRAR'S stead. Acceptance of appointment as 702
deputy registrar shall be in writing and shall be filed with the 704
director. No funeral director or embalmer shall serve either as 705
a local registrar or as a deputy registrar. 706
In a city registration district, all the records of vital 708
statistics shall be kept in the office of the board of health of 709
the city health district. In a general health district, all the 710
records of vital statistics shall be kept at the office of the 711
board of health of such district. 712
Sec. 3705.25. A local registrar of vital statistics, 721
deputy registrar, or sub-registrar who fails to discharge the 722
OFFICIAL duties of his office shall, ON A RECOMMENDATION OF THE 723
HEALTH COMMISSIONER, forthwith be removed from his office by the 724
director BOARD of health OF THE HEALTH DISTRICT THAT CONSTITUTES 726
THE PRIMARY REGISTRATION DISTRICT OR, IN THE CASE OF A LOCAL
REGISTRAR SERVING A COMBINED PRIMARY REGISTRATION DISTRICT, BY 727
THE JOINT ACTION OF THE BOARDS OF HEALTH OF THE HEALTH DISTRICTS 728
THAT CONSTITUTE THE COMBINED DISTRICT. 729
Sec. 3719.121. (A) Except as otherwise provided in 738
section 4723.28, 4723.35, 4730.25, or 4731.22 of the Revised 739
Code, the license, certificate, or registration of any dentist, 741
doctor of medicine or osteopathic medicine, podiatrist, 742
registered nurse, licensed practical nurse, physician assistant, 743
pharmacist, pharmacy intern, optometrist, or veterinarian who is 744
or becomes addicted to the use of controlled substances shall be 746
suspended by the board that authorized the person's license, 747
certificate, or registration until the person offers satisfactory 749
proof to the board that the person no longer is addicted to the 750
use of controlled substances. 751
(B) If the board under which a person has been issued a 754
license, certificate, or evidence of registration determines that 756
there is clear and convincing evidence that continuation of the 757
person's professional practice or method of prescribing or 758
19
personally furnishing controlled substances presents a danger of 761
immediate and serious harm to others, the board may suspend the 762
person's license, certificate, or registration without a hearing. 763
Except as otherwise provided in sections 4715.30, 4723.281, 764
4729.16, 4730.25, and 4731.22 of the Revised Code, the board 765
shall follow the procedure for suspension without a prior hearing 766
in section 119.07 of the Revised Code. The suspension shall 767
remain in effect, unless removed by the board, until the board's 768
final adjudication order becomes effective, except that if the 769
board does not issue its final adjudication order within ninety 770
days after the hearing, the suspension shall be void on the 771
ninety-first day after the hearing. 772
(C) On receiving notification pursuant to section 2929.24 774
or 3719.12 of the Revised Code, the board under which a person 775
has been issued a license, certificate, or evidence of 776
registration immediately shall suspend the license, certificate, 778
or registration of that person on a plea of guilty to, a finding 781
by a jury or court of the person's guilt of, or conviction of a
felony drug abuse offense; a finding by a court of the person's 783
eligibility for intervention in lieu of conviction; a plea of 785
guilty to, or a finding by a jury or court of the person's guilt 786
of, or the person's conviction of an offense in another 787
jurisdiction that is essentially the same as a felony drug abuse 788
offense; or a finding by a court of the person's eligibility for 789
treatment or intervention in lieu of conviction in another 790
jurisdiction. The board shall notify the holder of the license, 791
certificate, or registration of the suspension, which shall 792
remain in effect until the board holds an adjudicatory hearing 794
under Chapter 119. of the Revised Code. 795
Sec. 3793.07. (A) As used in this section: 804
(1) "Medicare program" means the program established under 806
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 807
U.S.C. 301, as amended; 808
(2) "Medicaid program" means the program established under 810
20
Title XIX of the "Social Security Act." 811
(B) Except as otherwise provided in this section, the THE 814
department of alcohol and drug addiction services shall accept 815
ESTABLISH AND ADMINISTER A PROCESS FOR the certification or 816
credentials CREDENTIALING of an CHEMICAL DEPENDENCY PROFESSIONALS 817
FOR THE PURPOSE OF QUALIFYING THE SERVICES PROVIDED BY CHEMICAL 818
DEPENDENCY PROFESSIONALS FOR REIMBURSEMENT UNDER THE MEDICARE OR 819
MEDICAID PROGRAM. THE PROCESS SHALL BE MADE AVAILABLE TO ANY 820
individual who is a member of the profession of alcoholism 822
counseling, drug abuse counseling, or chemical dependency 823
counseling, or an ANY individual who is an alcoholism or drug 825
abuse prevention consultant or specialist only if the individual 826
is certified by or holds credentials from the Ohio credentialing 827
board for chemical dependency professionals. 828
(C) The department of alcohol and drug addiction services, 830
in cooperation with the department of job and family services and 831
the Ohio credentialing board for chemical dependency 833
professionals, shall prepare and submit to the federal agency 834
responsible for administration of the medicare and medicaid 835
programs a request that the agency accept for the purposes of 836
reimbursement under those programs the certifications made and 837
credentials issued by the Ohio credentialing board for chemical 838
dependency professionals. If the request is denied, the 839
department of alcohol and drug addiction services shall assist 840
the Ohio credentialing board for chemical dependency
professionals in any actions taken by the board to establish 842
standards that will be accepted by the federal agency and, in 843
cooperation with the department of job and family services, shall 844
submit additional requests to the federal agency for approval of 845
the board's standards. If the board changes its standards in 846
order to obtain the approval of the federal agency, the changes 847
shall apply only to certifications made and credentials issued 848
after the effective date of the change and shall not affect the 849
validity for the purposes of this section or section 4757.41 of 850
21
the Revised Code of certifications made or credentials issued 851
prior to that date. Nothing in this section shall be construed 852
as requiring such certification or credentials for services that 853
are not reimbursed by medicare or medicaid. 854
(D) If the director of alcohol and drug addiction finds 856
that the public interest is not being served by acceptance of 858
certifications and credentials issued by the Ohio credentialing 859
board for chemical dependency professionals, the director shall 860
make a written request to the council on alcohol and drug 861
addiction services for authority for the department to establish 862
a certification or credentialing program or accept certifications 863
or credentials from an entity designated by the department. 864
If it determines that there is substantial evidence to 866
support the director's finding, the council, by resolution, shall 867
authorize the department to establish a certification or 868
credentialing program or to accept certifications or credentials 869
from an entity designated by the department, or both. The 870
council shall issue copies of its resolution to the director and 871
to the Ohio credentialing board for chemical dependency 872
professionals.
On receipt of the resolution, the department shall, by rule 875
adopted pursuant to Chapter 119. of the Revised Code, establish a 876
certification or credentialing program or designate an entity 877
from which it will accept certifications or credentials, or both. 878
The rules are not subject to the council's review. The rules 879
shall include standards for certification or issuance of 880
credentials. The rules shall specify the date on which the 881
program established by the department is authorized to certify or 882
issue credentials to individuals or on which the department will 883
accept certification or credentials of the designated entity. 884
(C) THE DEPARTMENT SHALL ADOPT RULES IN ACCORDANCE WITH 887
CHAPTER 119. OF THE REVISED CODE ESTABLISHING STANDARDS AND 888
PROCEDURES FOR THE CERTIFICATION OR CREDENTIALING PROCESS. THE 890
RULES SHALL INCLUDE THE FOLLOWING: 891
22
(1) ELIGIBILITY REQUIREMENTS; 893
(2) APPLICATION PROCEDURES; 895
(3) MINIMUM EDUCATIONAL AND CLINICAL TRAINING REQUIREMENTS 897
THAT MUST BE MET FOR INITIAL CERTIFICATION OR CREDENTIALING; 898
(4) CONTINUING EDUCATION AND TRAINING REQUIREMENTS FOR 900
CERTIFIED OR CREDENTIALED INDIVIDUALS; 901
(5) APPLICATION AND RENEWAL FEES THAT DO NOT EXCEED THE 903
COST INCURRED BY THE DEPARTMENT IN IMPLEMENTING AND ADMINISTERING 904
THE PROCESS; 905
(6) ADMINISTRATION OR APPROVAL OF EXAMINATIONS; 907
(7) INVESTIGATION OF COMPLAINTS AND ALLEGED VIOLATIONS OF 909
THIS SECTION; 910
(8) MAINTENANCE OF THE CONFIDENTIALITY OF THE DEPARTMENT'S 912
INVESTIGATIVE RECORDS; 913
(9) DISCIPLINARY ACTIONS, INCLUDING APPLICATION DENIAL AND 916
SUSPENSION OR REVOCATION OF CERTIFICATION OR CREDENTIALS; 917
(10) ANY OTHER RULES THE DEPARTMENT CONSIDERS NECESSARY TO 919
ESTABLISH OR ADMINISTER THE CERTIFICATION OR CREDENTIALING 920
PROCESS.
(D) THE DEPARTMENT SHALL INVESTIGATE ALLEGED VIOLATIONS OF 922
THIS SECTION OR THE RULES ADOPTED UNDER IT. AS PART OF ITS 923
INVESTIGATION, THE DEPARTMENT MAY ISSUE SUBPOENAS, EXAMINE 924
WITNESSES, AND ADMINISTER OATHS. THE DEPARTMENT SHALL ENSURE 925
THAT ALL RECORDS IT HOLDS PERTAINING TO AN INVESTIGATION REMAIN 926
CONFIDENTIAL.
(E) WITH RESPECT TO HEARINGS CONDUCTED BY THE DEPARTMENT 928
AS PART OF THE CERTIFICATION OR CREDENTIALING PROCESS, BOTH OF 929
THE FOLLOWING APPLY: 930
(1) AN INDIVIDUAL WHOSE APPLICATION FOR CERTIFICATION OR 932
CREDENTIALS ISSUED UNDER THIS SECTION HAS BEEN DENIED BY THE 933
DEPARTMENT MAY REQUEST A HEARING IN ACCORDANCE WITH CHAPTER 119. 934
OF THE REVISED CODE AND THE RULES ADOPTED UNDER THIS SECTION. 936
(2) THE DEPARTMENT MAY APPOINT A REFEREE OR HEARING 938
EXAMINER TO CONDUCT THE PROCEEDINGS AND MAKE RECOMMENDATIONS TO 939
23
THE DEPARTMENT AS APPROPRIATE. 940
(F) THE DEPARTMENT SHALL MAINTAIN A RECORD OF ALL FEES 942
COLLECTED UNDER THIS SECTION. ALL FEES COLLECTED SHALL BE PAID 943
INTO THE STATE TREASURY TO THE CREDIT OF THE CREDENTIALING FUND, 944
WHICH IS HEREBY CREATED. MONEY CREDITED TO THE FUND SHALL BE 945
USED SOLELY TO PAY THE COSTS OF ESTABLISHING AND ADMINISTERING 946
THE PROCESS FOR CERTIFICATION OR CREDENTIALING OF CHEMICAL 947
DEPENDENCY PROFESSIONALS UNDER THIS SECTION. 948
(G) Certifications made and credentials issued by the Ohio 950
credentialing board for chemical dependency professionals prior 951
to that THE date THE DEPARTMENT ESTABLISHES ITS CERTIFICATION OR 953
CREDENTIALING PROCESS UNDER THIS SECTION shall continue to be 955
accepted by the department after that date UNTIL, WITH RESPECT TO 956
ANY PARTICULAR INDIVIDUAL, ONE OF THE FOLLOWING OCCURS: 957
(1) THE INDIVIDUAL'S CERTIFICATION OR CREDENTIALS FROM THE 959
BOARD HAVE EXPIRED. 960
(2) THE INDIVIDUAL'S CERTIFICATION OR CREDENTIALS FROM THE 962
BOARD WOULD BE SUSPENDED OR REVOKED BY THE DEPARTMENT IF THE 963
CERTIFICATION OR CREDENTIALS HAD BEEN ISSUED BY THE DEPARTMENT 964
UNDER THIS SECTION.
Sec. 4725.16. (A) Each certificate of licensure, topical 966
ocular pharmaceutical agents certificate, and therapeutic 968
pharmaceutical agents certificate issued by the state board of 970
optometry shall expire annually on the last day of December, and 971
may be renewed in accordance with this section and the standard 972
renewal procedure established under Chapter 4745. of the Revised 974
Code.
(B) All licensed optometrists shall annually complete 977
continuing education in subjects relating to the practice of 979
optometry, to the end that the utilization and application of new 980
techniques, scientific and clinical advances, and the 981
achievements of research will assure comprehensive care to the 982
public. The board shall prescribe by rule the continuing 983
optometric education that licensed optometrists must complete. 984
24
The length of study shall be determined by the board but shall be 986
not less than six nor more than twenty-five clock hours each 987
year, except that the board shall prescribe an additional five 989
clock hours of instruction in pharmacology to be completed by 991
optometrists who hold topical ocular pharmaceutical agents 992
certificates or therapeutic pharmaceutical agents certificates. 993
Unless the continuing education required under this 995
division is waived or deferred under division (D) of this 996
section, the continuing education must be completed during the 997
twelve-month period beginning on the first day of October and 999
ending on the last day of September. If the board receives 1,000
notice from a continuing education program indicating that an 1,001
optometrist completed the program after the last day of
September, and the optometrist wants to use the continuing 1,002
education completed after that day to renew the license that 1,003
expires on the last day of December of that year, the optometrist 1,005
shall pay the penalty specified under section 4725.34 of the 1,006
Revised Code for late completion of continuing education. 1,007
At least once annually, the board shall mail to each 1,010
licensed optometrist a list of courses approved in accordance 1,011
with standards prescribed by board rule. Upon the request of a 1,012
licensed optometrist, the executive director of the board shall 1,014
supply a list of additional courses that the board has approved 1,016
subsequent to the most recent mailing of the list of approved 1,017
courses.
(C) Annually, by the first day of November, the board 1,020
shall mail to each licensed optometrist a notice regarding 1,021
license renewal and INCLUDE WITH THE NOTICE an application for 1,022
license renewal. The application shall be in such form and 1,023
require such pertinent professional biographical data as the 1,024
board may require. AN OPTOMETRIST SEEKING TO CONTINUE TO 1,025
PRACTICE OPTOMETRY SHALL FILE THE RENEWAL APPLICATION WITH THE 1,026
BOARD. Filing of the application with the board shall serve as 1,027
notice by the optometrist that the continuing optometric 1,029
25
education requirement has been successfully completed.
If the board finds that the AN optometrist has not 1,031
completed the required continuing optometric education, the board 1,032
shall disapprove the optometrist's application. All other 1,034
applications shall be approved. The BOARD'S DISAPPROVAL OF 1,035
RENEWAL IS EFFECTIVE WITHOUT A HEARING, UNLESS A HEARING IS 1,036
REQUESTED PURSUANT TO CHAPTER 119. OF THE REVISED CODE. THE 1,037
board shall refuse to accept an application for renewal from any 1,038
applicant whose license is not in good standing or who is under 1,039
disciplinary review pursuant to section 4725.19 of the Revised 1,040
Code. NOTICE
The board's order of disapproval for renewal shall be 1,042
effective without a hearing unless a hearing is requested 1,045
pursuant to Chapter 119. of the Revised Code. Notice of the AN 1,047
applicant's failure to qualify for renewal shall be served upon 1,049
the applicant by mail, which shall be sent on or before the 1,051
fifteenth day of November to the address shown in the board's 1,053
records.
(D) In cases of certified illness or undue hardship, the 1,055
board may waive or defer for up to twelve months the requirement 1,057
of continuing optometric education, except that in such cases the 1,059
board may not waive or defer the continuing education in
pharmacology required to be completed by optometrists who hold 1,060
topical ocular pharmaceutical agents certificates or therapeutic 1,061
pharmaceutical agents certificates. The board shall waive the 1,062
requirement of continuing optometric education for any 1,063
optometrist who is serving in the armed forces of the United 1,064
States or who has received an initial certificate of licensure 1,066
during the nine-month period which ended on the last day of 1,067
September.
(E) THE BOARD SHALL APPROVE ALL APPLICATIONS FOR RENEWAL 1,069
THAT ARE NOT DISAPPROVED OR REFUSED UNDER DIVISION (C) OF THIS 1,070
SECTION. An optometrist who desires to continue the practice of 1,073
optometry and whose RENEWAL application for license renewal has 1,074
26
been approved by the board may renew each certificate held by 1,075
paying TO THE TREASURER OF STATE the fees for renewal specified 1,076
under section 4725.34 of the Revised Code. The optometrist shall 1,077
pay the fees on or before the first day of January to the 1,079
treasurer of state. On payment of the renewal ALL APPLICABLE 1,080
fees, the board shall issue a renewal of the optometrist's 1,081
certificate of licensure, topical ocular pharmaceutical agents 1,082
certificate, and therapeutic pharmaceutical agents certificate, 1,083
as appropriate. 1,084
(F) A notice shall be sent to every licensed optometrist 1,088
who fails to respond to FILE the notice RENEWAL APPLICATION 1,089
provided under division (C) of this section, at the optometrist's 1,091
last address, at least one month in advance of the LAST DAY OF 1,092
DECEMBER, WHICH IS THE date of expiration. A second notice shall 1,094
be sent in advance of the date of expiration and prior to any 1,095
action under division (G)(I) of this section to classify the 1,096
optometrist's certificates as delinquent, to every optometrist 1,097
failing to respond to the preceding notice. 1,098
(G)(1) The failure of an optometrist to apply for license 1,101
renewal or the failure to pay the applicable annual renewal fees 1,103
on or before the last day of December DATE of each year 1,104
EXPIRATION, shall automatically work a forfeiture of the 1,106
optometrist's authority to practice optometry in this state. The 1,107
(H) THE BOARD SHALL ACCEPT RENEWAL APPLICATIONS AND 1,110
RENEWAL FEES THAT ARE SUBMITTED FROM THE FIRST DAY OF JANUARY TO 1,111
THE LAST DAY OF APRIL OF THE YEAR NEXT SUCCEEDING THE DATE OF 1,113
EXPIRATION. AN INDIVIDUAL WHO SUBMITS SUCH A LATE RENEWAL 1,114
APPLICATION OR FEE SHALL PAY THE LATE RENEWAL FEE SPECIFIED IN 1,115
SECTION 4725.34 OF THE REVISED CODE.
(I)(1) IF THE certificates issued by the board to the AN 1,118
individual HAVE EXPIRED AND THE INDIVIDUAL HAS NOT FILED A 1,119
COMPLETE APPLICATION DURING THE LATE RENEWAL PERIOD, THE
INDIVIDUAL'S CERTIFICATES shall be classified in the board's 1,120
records as delinquent. 1,121
27
(2) Any optometrist subject to delinquent classification 1,124
may submit a written application to the board for reinstatement. 1,126
For reinstatement to occur, the applicant must meet all of the 1,127
following conditions:
(a) Submit to the board evidence of compliance with board 1,130
rules requiring continuing optometric education in a sufficient 1,131
number of hours to make up for any delinquent compliance; 1,132
(b) Pay the renewal fees for the year in which application 1,135
for reinstatement is made and the reinstatement fee specified 1,136
under division (A)(7)(8) of section 4725.34 of the Revised Code; 1,137
(c) Pass all or part of the licensing examination accepted 1,140
by the board under section 4725.11 of the Revised Code as the 1,141
board considers appropriate to determine whether the application 1,142
for reinstatement should be approved; 1,143
(d) If the applicant has been practicing optometry in 1,145
another state or country, submit evidence that the applicant's 1,146
license to practice optometry in the other state or country is in 1,148
good standing.
(3) The board shall approve an application for 1,150
reinstatement if the conditions specified in division (G)(I)(2) 1,152
of this section are met. An optometrist who receives 1,153
reinstatement is subject to the continuing education requirements 1,154
specified under division (B) of this section for the year in 1,155
which reinstatement occurs. 1,156
Sec. 4725.17. (A) An optometrist who intends not to 1,158
continue practicing optometry in this state due to retirement or 1,159
a decision to practice in another state or country may apply to 1,160
the state board of optometry to have the certificates issued to 1,161
the optometrist placed on inactive status. Application for 1,162
inactive status shall consist of a written notice to the board of 1,164
the optometrist's intention to no longer practice in this state. 1,165
The board may not accept an application submitted after the 1,166
applicant's certificate of licensure and any other certificates 1,167
have expired. The board may approve an application for placement 1,168
28
on inactive status only if the applicant's certificates are in 1,170
good standing and the applicant is not under disciplinary review 1,171
pursuant to section 4725.19 of the Revised Code. 1,172
(B) An individual whose certificates have been placed on 1,174
inactive status may submit a written application to the board for 1,175
reinstatement. For reinstatement to occur, the applicant must 1,177
meet all of the following conditions: 1,178
(1) Pay the renewal fees for the year in which application 1,181
for reinstatement is made and the reinstatement fee specified 1,182
under division (A)(8)(9) of section 4725.34 of the Revised Code; 1,183
(2) Pass all or part of the licensing examination accepted 1,185
by the board under section 4725.11 of the Revised Code as the 1,187
board considers appropriate, IF THE BOARD CONSIDERS EXAMINATION 1,188
NECESSARY to determine whether the application for reinstatement 1,189
should be approved;
(3) If the applicant has been practicing optometry in 1,191
another state or country, submit evidence of being in the active 1,192
practice of optometry in the other state or country and evidence 1,193
that the applicant's license to practice in the other state or 1,194
country is in good standing. 1,195
(C) The board shall approve an application for 1,197
reinstatement if the conditions specified in division (B) of this 1,198
section are met. An optometrist who receives reinstatement is 1,200
subject to the continuing education requirements specified under 1,201
section 4725.16 of the Revised Code for the year in which 1,202
reinstatement occurs.
Sec. 4725.171. (A) AN OPTOMETRIST WHO DISCONTINUED 1,204
PRACTICING OPTOMETRY IN THIS STATE DUE TO RETIREMENT OR A 1,205
DECISION TO PRACTICE IN ANOTHER STATE OR COUNTRY BEFORE THE STATE 1,206
BOARD OF OPTOMETRY ACCEPTED APPLICATIONS FOR PLACEMENT OF 1,207
CERTIFICATES TO PRACTICE ON INACTIVE STATUS PURSUANT TO SECTION 1,208
4725.17 OF THE REVISED CODE MAY APPLY TO THE BOARD TO HAVE THE 1,210
OPTOMETRIST'S CERTIFICATES REINSTATED. THE BOARD MAY ACCEPT AN 1,211
APPLICATION FOR REINSTATEMENT ONLY IF, AT THE TIME THE 1,213
29
OPTOMETRIST'S CERTIFICATES EXPIRED, THE CERTIFICATES WERE IN GOOD 1,214
STANDING AND THE OPTOMETRIST WAS NOT UNDER DISCIPLINARY REVIEW BY 1,215
THE BOARD.
(B) FOR REINSTATEMENT TO OCCUR, THE APPLICANT MUST MEET 1,218
ALL OF THE FOLLOWING CONDITIONS: 1,219
(1) PAY THE RENEWAL FEES FOR THE YEAR IN WHICH APPLICATION 1,222
FOR REINSTATEMENT IS MADE AND THE REINSTATEMENT FEE SPECIFIED 1,223
UNDER DIVISION (A)(10) OF SECTION 4725.34 OF THE REVISED CODE;
(2) PASS ALL OR PART OF THE LICENSING EXAMINATION ACCEPTED 1,225
BY THE BOARD UNDER SECTION 4725.11 OF THE REVISED CODE AS THE 1,226
BOARD CONSIDERS APPROPRIATE, IF THE BOARD CONSIDERS EXAMINATION 1,227
NECESSARY TO DETERMINE WHETHER THE APPLICATION FOR REINSTATEMENT 1,229
SHOULD BE APPROVED;
(3) IF THE APPLICANT HAS BEEN PRACTICING OPTOMETRY IN 1,231
ANOTHER STATE OR COUNTRY, SUBMIT EVIDENCE OF BEING IN THE ACTIVE 1,232
PRACTICE OF OPTOMETRY IN THE OTHER STATE OR COUNTRY AND EVIDENCE 1,233
THAT THE APPLICANT'S LICENSE TO PRACTICE IN THE OTHER STATE OR 1,234
COUNTRY IS IN GOOD STANDING. 1,235
(C) THE BOARD SHALL APPROVE AN APPLICATION FOR 1,237
REINSTATEMENT IF THE CONDITIONS SPECIFIED IN DIVISION (B) OF THIS 1,239
SECTION ARE MET. AN OPTOMETRIST WHO RECEIVES REINSTATEMENT IS 1,241
SUBJECT TO THE CONTINUING EDUCATION REQUIREMENTS SPECIFIED UNDER 1,242
SECTION 4725.16 OF THE REVISED CODE FOR THE YEAR IN WHICH
REINSTATEMENT OCCURS. 1,243
Sec. 4725.34. (A) The state board of optometry shall 1,253
charge the following nonrefundable fees:
(1) One hundred ten dollars for application for a 1,255
certificate of licensure; 1,256
(2) Twenty-five dollars for application for a therapeutic 1,258
pharmaceutical agents certificate, except when the certificate is 1,259
to be issued pursuant to division (A)(3) of section 4725.13 of 1,260
the Revised Code, in which case the fee shall be thirty-five 1,261
dollars;
(3) One hundred ten dollars for renewal of a certificate 1,263
30
of licensure; 1,264
(4) Twenty-five dollars for renewal of a topical ocular 1,266
pharmaceutical agents certificate; 1,267
(5) Twenty-five dollars for renewal of a therapeutic 1,269
pharmaceutical agents certificate; 1,270
(6) Seventy-five dollars for late completion of continuing 1,272
optometric education; 1,273
(7) SEVENTY-FIVE DOLLARS FOR LATE RENEWAL OF ONE OR MORE 1,275
CERTIFICATES THAT HAVE EXPIRED; 1,276
(8) Seventy-five dollars for reinstatement of one or more 1,279
certificates classified as delinquent under section 4725.16 of
the Revised Code, multiplied by the number of years the one or 1,281
more certificates have been classified as delinquent;
(8)(9) Seventy-five dollars for reinstatement of one or 1,284
more certificates placed on inactive status under section 4725.17
of the Revised Code; 1,286
(9)(10) SEVENTY-FIVE DOLLARS FOR REINSTATEMENT UNDER 1,288
SECTION 4725.171 OF THE REVISED CODE OF ONE OR MORE EXPIRED 1,290
CERTIFICATES;
(11) Additional fees to cover administrative costs 1,292
incurred by the board, including fees for replacing licenses 1,293
issued by the board and providing rosters of currently licensed 1,294
optometrists. Such fees shall be established at a regular 1,295
meeting of the board and shall comply with any applicable 1,296
guidelines or policies set by the department of administrative 1,297
services or the office of budget and management. 1,298
(B) The board, subject to the approval of the controlling 1,301
board, may establish fees in excess of the amounts specified in 1,302
division (A) of this section if the fees do not exceed the 1,304
amounts specified by more than fifty per cent. 1,305
(C) All receipts of the board, from any source, shall be 1,307
deposited in the state treasury to the credit of the occupational 1,308
licensing and regulatory fund. 1,309
Sec. 4729.07. An individual desiring to be licensed as a 1,319
31
pharmacist shall file with the executive director of the state 1,320
board of pharmacy a verified application giving such information 1,321
as the board requires, and appear before the board to. AN 1,322
APPLICATION FILED UNDER THIS SECTION MAY NOT BE WITHDRAWN WITHOUT 1,324
THE APPROVAL OF THE BOARD.
EACH APPLICANT SHALL take an examination to determine 1,328
fitness to practice pharmacy. Examinations of those applying for 1,329
licensure as pharmacists shall be held at such times, during each 1,331
year, and at such places as the board determines. The board may 1,332
make use of all or any part of the licensure examination of the 1,333
national association of boards of pharmacy or any other national 1,334
standardized pharmacy examination that it considers appropriate 1,335
to perform its duties under this section. The board may require 1,336
applicants for licensure by examination to purchase the 1,337
examination and any related materials from the organization 1,338
providing it.
Sec. 4729.11. The state board of pharmacy shall establish 1,347
a pharmacy internship program for the purpose of providing the 1,348
practical experience necessary to practice as a pharmacist. Any 1,349
individual who desires to become a pharmacy intern shall apply 1,351
for licensure to the board, and. AN APPLICATION FILED UNDER THIS 1,352
SECTION MAY NOT BE WITHDRAWN WITHOUT THE APPROVAL OF THE BOARD. 1,354
EACH APPLICANT shall be issued an identification card and 1,357
license as a pharmacy intern if in the opinion of the board the 1,359
applicant is actively pursuing an educational program in 1,360
preparation for licensure as a pharmacist and meets the other 1,362
requirements as determined by the board. An identification card 1,363
and license shall be valid until the next annual renewal date and 1,366
shall be renewed only if the intern is meeting the requirements
and rules of the board. 1,367
The state board of pharmacy may appoint a director of 1,369
pharmacy internship who is a licensed pharmacist and who is not 1,370
directly or indirectly connected with a school or college of 1,372
pharmacy or department of pharmacy of a university. The director 1,373
32
of pharmacy internship shall be responsible to the board for the 1,375
operation and direction of the pharmacy internship program 1,376
established by the board under this section, and for such other 1,377
duties as the board may assign. 1,378
Sec. 4729.12. An identification card issued by the state 1,387
board of pharmacy under section 4729.08 of the Revised Code 1,388
entitles the individual to whom it is issued to practice as a 1,390
pharmacist or as a pharmacy intern in this state until the next 1,392
annual renewal date.
Identification cards shall be renewed annually on the 1,394
fifteenth day of September, according to the standard renewal 1,395
procedure of Chapter 4745. of the Revised Code. 1,397
Each pharmacist and pharmacy intern shall carry the 1,399
identification card or renewal identification card while engaged 1,401
in the practice of pharmacy. The license shall be conspicuously 1,402
exposed at the principal place where the pharmacist or pharmacy 1,404
intern practices pharmacy. 1,405
A pharmacist or pharmacy intern who desires to continue in 1,408
the practice of pharmacy shall file with the board an application 1,411
in such form and containing such data as the board may require 1,412
for renewal of an identification card. AN APPLICATION FILED 1,413
UNDER THIS SECTION MAY NOT BE WITHDRAWN WITHOUT THE APPROVAL OF 1,414
THE BOARD. If the board finds that the applicant's card has not 1,416
been revoked or placed under suspension and that the applicant 1,418
has paid the renewal fee, has continued pharmacy education in 1,420
accordance with the rules of the board, and is entitled to 1,421
continue in the practice of pharmacy, the board shall issue a 1,422
renewal identification card to the applicant.
When an identification card has lapsed for more than sixty 1,424
days but application is made within three years after the 1,425
expiration of the card, the applicant shall be issued a renewal 1,426
identification card without further examination if the applicant 1,428
meets the requirements of this section and pays the fee 1,429
designated under division (E) of section 4729.15 of the Revised 1,430
33
Code.
Sec. 4729.16. (A) The state board of pharmacy, after 1,439
notice and hearing in accordance with Chapter 119. of the Revised 1,441
Code, may revoke, suspend, LIMIT, place on probation, or refuse 1,442
to grant or renew an identification card, or may impose a
monetary penalty or forfeiture not to exceed in severity any fine 1,444
designated under the Revised Code for a similar offense, or in 1,446
the case of a violation of a section of the Revised Code that 1,447
does not bear a penalty, a monetary penalty or forfeiture of not 1,449
more than five hundred dollars, if the board finds a pharmacist 1,450
or pharmacy intern:
(1) Guilty of a felony or gross immorality; 1,452
(2) Guilty of dishonesty or unprofessional conduct in the 1,454
practice of pharmacy; 1,455
(3) Addicted to or abusing liquor or drugs or impaired 1,457
physically or mentally to such a degree as to render the 1,458
pharmacist or pharmacy intern unfit to practice pharmacy; 1,460
(4) Has been convicted of a misdemeanor related to, or 1,462
committed in, the practice of pharmacy; 1,463
(5) Guilty of willfully violating, conspiring to violate, 1,465
attempting to violate, or aiding and abetting the violation of 1,466
any of the provisions of this chapter, sections 3715.52 to 1,467
3715.72 of the Revised Code, or Chapter 2925. or 3719. of the 1,469
Revised Code, OR ANY RULE ADOPTED BY THE BOARD UNDER THOSE 1,470
PROVISIONS;
(6) Guilty of permitting anyone other than a pharmacist or 1,472
pharmacy intern to practice pharmacy; 1,473
(7) Guilty of knowingly lending the pharmacist's or 1,475
pharmacy intern's name to an illegal practitioner of pharmacy or 1,477
having professional connection with an illegal practitioner of 1,478
pharmacy;
(8) Guilty of dividing or agreeing to divide remuneration 1,480
made in the practice of pharmacy with any other individual, 1,481
including, but not limited to, any licensed health professional 1,483
34
authorized to prescribe drugs or any owner, manager, or employee 1,484
of a health care facility, residential care facility, or nursing 1,485
home;
(9) Has violated the terms of a consult agreement entered 1,487
into pursuant to section 4729.39 of the Revised Code; 1,488
(10) HAS COMMITTED FRAUD, MISREPRESENTATION, OR DECEPTION 1,490
IN APPLYING FOR OR SECURING A LICENSE OR IDENTIFICATION CARD 1,491
ISSUED BY THE BOARD UNDER THIS CHAPTER OR UNDER CHAPTER 3715. OR 1,492
3719. OF THE REVISED CODE. 1,493
(B) Any individual whose identification card is revoked, 1,495
suspended, or refused, shall return the identification card and 1,497
license to the offices of the state board of pharmacy within ten 1,500
days after receipt of notice of such action.
(C) As used in this section: 1,502
"Unprofessional conduct in the practice of pharmacy" 1,504
includes any of the following: 1,505
(1) Advertising or displaying signs that promote dangerous 1,507
drugs to the public in a manner that is false or misleading; 1,508
(2) Except as provided in section 4729.281 of the Revised 1,510
Code, the sale of any drug for which a prescription is required, 1,511
without having received a prescription for the drug; 1,513
(3) Willfully and knowingly filling prescriptions or 1,515
selling drugs for KNOWINGLY DISPENSING MEDICATION PURSUANT TO 1,516
false or forged prescriptions; 1,517
(4) Willfully and knowingly KNOWINGLY failing to maintain 1,519
complete and accurate records of all controlled substances 1,521
DANGEROUS DRUGS received or dispensed in compliance with federal 1,523
laws and regulations and state laws and rules; 1,524
(5) Obtaining any remuneration by fraud, 1,526
misrepresentation, or deception; 1,527
(6) Obtaining or attempting to obtain a license issued 1,529
under this chapter or Chapter 3715. of the Revised Code from the 1,531
state board of pharmacy by fraud, misrepresentation, or 1,532
deception.
35
(D) THE BOARD MAY SUSPEND A LICENSE OR IDENTIFICATION CARD 1,534
UNDER DIVISION (B) OF SECTION 3719.121 OF THE REVISED CODE BY 1,536
UTILIZING A TELEPHONE CONFERENCE CALL TO REVIEW THE ALLEGATIONS 1,537
AND TAKE A VOTE. 1,538
(E) IF, PURSUANT TO AN ADJUDICATION UNDER CHAPTER 119. OF 1,541
THE REVISED CODE, THE BOARD HAS REASONABLE CAUSE TO BELIEVE THAT 1,542
A PHARMACIST OR PHARMACY INTERN IS PHYSICALLY OR MENTALLY 1,543
IMPAIRED, THE BOARD MAY REQUIRE THE PHARMACIST OR PHARMACY INTERN 1,544
TO SUBMIT TO A PHYSICAL OR MENTAL EXAMINATION, OR BOTH. 1,546
Sec. 4729.19. NOTWITHSTANDING DIVISION (B)(4) OF SECTION 1,548
2317.02 OF THE REVISED CODE, A PHARMACIST SHALL COOPERATE WITH 1,550
FEDERAL, STATE, AND LOCAL GOVERNMENT INVESTIGATIONS AND SHALL 1,551
DIVULGE ALL RELEVANT INFORMATION WHEN REQUESTED BY A GOVERNMENT 1,552
AGENCY.
Sec. 4729.39. (A) A pharmacist may enter into a consult 1,562
agreement with a physician authorized under Chapter 4731. of the 1,564
Revised Code to practice medicine and surgery or osteopathic 1,566
medicine and surgery. Under a consult agreement, a pharmacist is
authorized to manage an individual's drug therapy, but only to 1,567
the extent specified in the agreement by the individual's 1,568
physician and to the extent specified in, this section, and the 1,569
rules adopted under this section. 1,570
(B) ALL OF THE FOLLOWING APPLY TO A CONSULT AGREEMENT THAT 1,573
AUTHORIZES A PHARMACIST TO MANAGE THE DRUG THERAPY OF AN 1,574
INDIVIDUAL WHO IS NOT A PATIENT OF A HOSPITAL, AS DEFINED IN 1,575
SECTION 3727.01 OF THE REVISED CODE, OR A RESIDENT IN A LONG-TERM 1,577
CARE FACILITY, AS DEFINED IN SECTION 3729.01 OF THE REVISED CODE: 1,578
(1) A separate consult agreement must be entered into for 1,580
each individual whose drug therapy is to be managed by a 1,582
pharmacist. A consult agreement applies only to the particular 1,583
diagnosis for which a physician prescribed an individual's drug 1,584
therapy. If a different diagnosis is made for the individual, 1,585
the pharmacist and physician must enter into a new or additional
consult agreement. 1,586
36
(2) Management of an individual's drug therapy by a 1,588
pharmacist under a consult agreement may include monitoring and 1,589
modifying a prescription that has been issued for the individual. 1,591
Except as provided in section 4729.38 of the Revised Code for the 1,593
selection of generically equivalent drugs, management of an 1,594
individual's drug therapy by a pharmacist under a consult 1,595
agreement shall not include dispensing a drug that has not been 1,596
prescribed by the physician. 1,597
(3) Each consult agreement shall be in writing, except 1,599
that a consult agreement may be entered into verbally if it is 1,600
immediately reduced to writing. A 1,601
(4) A PHYSICIAN ENTERING INTO A CONSULT AGREEMENT SHALL 1,604
SPECIFY IN THE AGREEMENT THE EXTENT TO WHICH THE PHARMACIST IS 1,605
AUTHORIZED TO MANAGE THE DRUG THERAPY OF THE INDIVIDUAL SPECIFIED 1,606
IN THE AGREEMENT. 1,607
(5) A PHYSICIAN ENTERING INTO A CONSULT AGREEMENT MAY 1,610
SPECIFY ONE OTHER PHYSICIAN WHO HAS AGREED TO SERVE AS AN 1,611
ALTERNATE PHYSICIAN IN THE EVENT THAT THE PRIMARY PHYSICIAN IS 1,612
UNAVAILABLE TO CONSULT DIRECTLY WITH THE PHARMACIST. THE 1,613
PHARMACIST MAY SPECIFY ONE OTHER PHARMACIST WHO HAS AGREED TO 1,614
SERVE AS AN ALTERNATE PHARMACIST IN THE EVENT THAT THE PRIMARY 1,615
PHARMACIST IS UNAVAILABLE TO CONSULT DIRECTLY WITH THE PHYSICIAN. 1,616
(6) A consult agreement may not be implemented until it 1,619
has been signed by the PRIMARY pharmacist, the PRIMARY physician, 1,620
and the individual whose drug therapy will be managed or another 1,622
person who has the authority to provide consent to treatment on 1,623
behalf of the individual. The physician shall specify in the 1,624
agreement the extent to which the pharmacist is authorized to 1,625
manage the drug therapy of the individual specified in the 1,626
agreement. The ONCE THE AGREEMENT IS SIGNED BY ALL REQUIRED 1,627
PARTIES, THE physician shall include in the individual's medical 1,628
record the fact that a consult agreement has been entered into 1,629
with a pharmacist. 1,630
(7) Prior to commencing any action to manage an 1,632
37
individual's drug therapy under a consult agreement, the 1,633
pharmacist shall make reasonable attempts to contact and confer 1,634
with the physician who entered into the consult agreement with 1,635
the pharmacist. A pharmacist may commence an action to manage an 1,637
individual's drug therapy prior to conferring with the physician 1,638
OR THE PHYSICIAN'S ALTERNATE, but shall immediately cease the
action that was commenced if the pharmacist has not conferred 1,640
with the EITHER physician within forty-eight hours. 1,642
A pharmacist acting under a consult agreement shall 1,644
maintain a record of each action taken to manage an individual's 1,645
drug therapy. The pharmacist shall send to the individual's 1,647
physician a written report of all actions taken to manage the 1,648
individual's drug therapy at intervals the physician shall
specify when entering into the agreement. The physician shall 1,649
include the pharmacist's report in the medical records the 1,651
physician maintains for the individual. 1,652
(8) A consult agreement may be terminated by either the 1,654
pharmacist or physician who entered into the agreement. By 1,656
withdrawing consent, the individual whose drug therapy is being 1,657
managed or the individual who consented to the treatment on 1,658
behalf of the individual may terminate a consult agreement. The 1,659
pharmacist or physician who receives the individual's withdrawal 1,660
of consent shall provide written notice to the opposite party. A
pharmacist or physician who terminates a consult agreement shall 1,661
provide written notice to the opposite party and to the 1,662
individual who consented to treatment under the agreement. The 1,663
termination of a consult agreement shall be recorded by the 1,665
pharmacist and physician in the records they maintain on the
individual being treated. 1,666
The (9) EXCEPT AS DESCRIBED IN DIVISION (B)(5) OF THIS 1,669
SECTION, THE authority of a pharmacist to manage an individual's
drug therapy under a consult agreement does not permit the 1,670
pharmacist to manage drug therapy prescribed by any other 1,671
physician or to manage an individual's drug therapy. 1,672
38
(C) ALL OF THE FOLLOWING APPLY TO A CONSULT AGREEMENT THAT 1,675
AUTHORIZES A PHARMACIST TO MANAGE THE DRUG THERAPY OF AN 1,676
INDIVIDUAL WHO IS A PATIENT OF A HOSPITAL, AS DEFINED IN SECTION 1,677
3727.01 OF THE REVISED CODE, OR A RESIDENT IN A LONG-TERM CARE 1,679
FACILITY, AS DEFINED IN SECTION 3729.01 OF THE REVISED CODE: 1,680
(1) BEFORE A CONSULT AGREEMENT MAY BE ENTERED INTO AND 1,682
IMPLEMENTED, A HOSPITAL OR LONG-TERM CARE FACILITY SHALL ADOPT A 1,684
POLICY FOR CONSULT AGREEMENTS. FOR ANY PERIOD OF TIME DURING 1,685
WHICH A PHARMACIST OR PHYSICIAN ACTING UNDER A CONSULT AGREEMENT 1,686
IS NOT PHYSICALLY PRESENT AND AVAILABLE AT THE HOSPITAL OR 1,687
FACILITY, THE POLICY SHALL REQUIRE THAT ANOTHER PHARMACIST AND 1,688
PHYSICIAN BE AVAILABLE AT THE HOSPITAL OR FACILITY. 1,689
(2) THE CONSULT AGREEMENT SHALL BE MADE IN WRITING AND 1,691
SHALL COMPLY WITH THE HOSPITAL'S OR FACILITY'S POLICY ON CONSULT 1,692
AGREEMENTS. 1,693
(3) THE CONTENT OF THE CONSULT AGREEMENT SHALL BE 1,695
COMMUNICATED TO THE INDIVIDUAL WHOSE DRUG THERAPY WILL BE MANAGED 1,696
IN A MANNER CONSISTENT WITH THE HOSPITAL'S OR FACILITY'S POLICY 1,698
ON CONSULT AGREEMENTS.
(4) A PHARMACIST ACTING UNDER A CONSULT AGREEMENT SHALL 1,701
MAINTAIN IN THE INDIVIDUAL'S MEDICAL RECORD A RECORD OF EACH
ACTION TAKEN UNDER THE AGREEMENT. 1,702
(5) COMMUNICATION BETWEEN A PHARMACIST AND PHYSICIAN 1,704
ACTING UNDER THE CONSULT AGREEMENT SHALL TAKE PLACE AT REGULAR 1,705
INTERVALS SPECIFIED BY THE PRIMARY PHYSICIAN ACTING UNDER THE 1,706
AGREEMENT. 1,707
(6) A CONSULT AGREEMENT MAY BE TERMINATED BY THE 1,709
INDIVIDUAL, A PERSON AUTHORIZED TO ACT ON BEHALF OF THE 1,710
INDIVIDUAL, THE PRIMARY PHYSICIAN ACTING UNDER THE AGREEMENT, OR 1,711
THE PRIMARY PHARMACIST ACTING UNDER THE AGREEMENT. WHEN A 1,712
CONSULT AGREEMENT IS TERMINATED, ALL PARTIES TO THE AGREEMENT 1,713
SHALL BE NOTIFIED AND THE TERMINATION SHALL BE RECORDED IN THE 1,714
INDIVIDUAL'S MEDICAL RECORD. 1,715
(7) THE AUTHORITY OF A PHARMACIST ACTING UNDER A CONSULT 1,718
39
AGREEMENT DOES NOT PERMIT THE PHARMACIST TO ACT UNDER THE
AGREEMENT in a hospital or health LONG-TERM care facility at 1,721
which the pharmacist is not authorized to practice. 1,723
(B)(D) The state board of pharmacy, in consultation with 1,726
the state medical board, shall adopt rules to be followed by 1,727
pharmacists, and the state medical board, in consultation with 1,728
the state board of pharmacy, shall adopt rules to be followed by
physicians, that establish standards and procedures for entering 1,730
into a consult agreement and managing an individual's drug 1,731
therapy under a consult agreement. The boards shall specify in 1,732
the rules any categories of drugs or types of diseases for which 1,733
a consult agreement may not be established. Either board may 1,734
adopt any other rules it considers necessary for the 1,735
implementation and administration of this section. All rules 1,736
adopted under this division shall be adopted in accordance with 1,737
Chapter 119. of the Revised Code. 1,740
Sec. 4729.55. No license shall be issued to an applicant 1,749
for licensure as a terminal distributor of dangerous drugs unless 1,750
the applicant has furnished satisfactory proof to the STATE board 1,751
of pharmacy that: 1,752
(A) The applicant is equipped as to land, buildings, and 1,754
equipment to properly carry on the business of a terminal 1,755
distributor of dangerous drugs within the category of licensure 1,756
approved by the board. 1,757
(B) A pharmacist, licensed health professional authorized 1,760
to prescribe drugs, animal shelter licensed with the state board 1,761
of pharmacy under section 4729.531 of the Revised Code, or a 1,762
laboratory as defined in section 3719.01 of the Revised Code will 1,764
maintain supervision and control over the possession and custody 1,766
of dangerous drugs that may be acquired by or on behalf of the 1,767
applicant.
(C) Adequate safeguards are assured to prevent the sale or 1,769
other distribution of dangerous drugs by any person other than a 1,770
pharmacist or licensed health professional authorized to 1,773
40
prescribe drugs.
(D) ADEQUATE SAFEGUARDS ARE ASSURED THAT THE APPLICANT 1,775
WILL CARRY ON THE BUSINESS OF A TERMINAL DISTRIBUTOR OF DANGEROUS 1,776
DRUGS IN A MANNER THAT ALLOWS PHARMACISTS AND PHARMACY INTERNS 1,777
EMPLOYED BY THE TERMINAL DISTRIBUTOR TO PRACTICE PHARMACY IN A 1,778
SAFE AND EFFECTIVE MANNER. 1,779
(E) If the applicant, or any agent or employee of the 1,781
applicant, has been found guilty of violating section 4729.51 of 1,782
the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52 1,783
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal drug abuse 1,784
control laws, Chapter 2925., 3715., 3719., or 4729. of the 1,787
Revised Code, or any rule of the board, adequate safeguards are 1,788
assured to prevent the recurrence of the violation.
(E)(F) In the case of an applicant who is a food processor 1,790
or retail seller of food, the applicant will maintain supervision 1,792
and control over the possession and custody of nitrous oxide. 1,793
(F)(G) In the case of an applicant who is a retail seller 1,795
of oxygen in original packages labeled as required by the 1,796
"Federal Food, Drug, and Cosmetic Act," the applicant will 1,797
maintain supervision and control over the possession, custody, 1,798
and retail sale of the oxygen. 1,799
(G)(H) If the application is made on behalf of an animal 1,801
shelter, at least one of the agents or employees of the animal 1,803
shelter is certified in compliance with section 4729.532 of the 1,804
Revised Code.
(H)(I) In the case of an applicant who is a retail seller 1,806
of peritoneal dialysis solutions in original packages labeled as 1,807
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1,809
1040 (1938), 21 U.S.C.A. 301, the applicant will maintain 1,810
supervision and control over the possession, custody, and retail 1,812
sale of the peritoneal dialysis solutions.
Section 2. That existing sections 121.22, 2317.02, 1,814
3705.05, 3705.25, 3719.121, 3793.07, 4725.16, 4725.17, 4725.34, 1,815
4729.07, 4729.11, 4729.12, 4729.16, 4729.39, and 4729.55 of the 1,816
41
Revised Code are hereby repealed. 1,817
Section 3. That the version of section 121.22 of the 1,819
Revised Code that is scheduled to take effect December 24, 2000, 1,820
be amended to read as follows: 1,821
Sec. 121.22. (A) This section shall be liberally 1,830
construed to require public officials to take official action and 1,831
to conduct all deliberations upon official business only in open 1,832
meetings unless the subject matter is specifically excepted by 1,833
law. 1,834
(B) As used in this section: 1,836
(1) "Public body" means any of the following: 1,838
(a) Any board, commission, committee, council, or similar 1,840
decision-making body of a state agency, institution, or 1,841
authority, and any legislative authority or board, commission, 1,842
committee, council, agency, authority, or similar decision-making 1,844
body of any county, township, municipal corporation, school 1,845
district, or other political subdivision or local public 1,846
institution;
(b) Any committee or subcommittee of a body described in 1,848
division (B)(1)(a) of this section; 1,849
(c) A court of jurisdiction of a sanitary district 1,851
organized wholly for the purpose of providing a water supply for 1,852
domestic, municipal, and public use when meeting for the purpose 1,854
of the appointment, removal, or reappointment of a member of the 1,855
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 1,856
related to such a district other than litigation involving the 1,857
district. As used in division (B)(1)(c) of this section, "court 1,858
of jurisdiction" has the same meaning as "court" in section 1,859
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 1,861
public business of the public body by a majority of its members. 1,862
(3) "Regulated individual" means either of the following: 1,864
(a) A student in a state or local public educational 1,866
42
institution; 1,867
(b) A person who is, voluntarily or involuntarily, an 1,869
inmate, patient, or resident of a state or local institution 1,870
because of criminal behavior, mental illness or retardation, 1,871
disease, disability, age, or other condition requiring custodial 1,872
care. 1,873
(C) All meetings of any public body are declared to be 1,875
public meetings open to the public at all times. A member of a 1,876
public body shall be present in person at a meeting open to the 1,878
public to be considered present or to vote at the meeting and for 1,879
purposes of determining whether a quorum is present at the 1,880
meeting. 1,881
The minutes of a regular or special meeting of any public 1,884
body shall be promptly prepared, filed, and maintained and shall 1,885
be open to public inspection. The minutes need only reflect the 1,886
general subject matter of discussions in executive sessions 1,887
authorized under division (G) or (J) of this section.
(D) This section does not apply to any of the following: 1,889
(1) A grand jury; 1,891
(2) An audit conference conducted by the auditor of state 1,893
or independent certified public accountants with officials of the 1,895
public office that is the subject of the audit; 1,896
(3) The adult parole authority when its hearings are 1,899
conducted at a correctional institution for the sole purpose of 1,900
interviewing inmates to determine parole or pardon; 1,901
(4) The organized crime investigations commission 1,903
established under section 177.01 of the Revised Code; 1,904
(5) Meetings of a child fatality review board established 1,906
under section 307.621 of the Revised Code and meetings conducted 1,907
pursuant to sections 5153.171 to 5153.173 of the Revised Code; 1,908
(6) The state medical board when determining whether to 1,910
suspend a certificate without a prior hearing pursuant to 1,911
division (G) of either section 4730.25 or 4731.22 of the Revised 1,913
Code;
43
(7) The board of nursing when determining whether to 1,916
suspend a license or certificate without a prior hearing pursuant 1,918
to division (B) of section 4723.281 of the Revised Code; 1,919
(8) THE STATE BOARD OF PHARMACY WHEN DETERMINING WHETHER 1,921
TO SUSPEND A LICENSE WITHOUT A PRIOR HEARING PURSUANT TO DIVISION 1,922
(D) OF SECTION 4729.16 OF THE REVISED CODE; 1,923
(9) The executive committee of the emergency response 1,925
commission when determining whether to issue an enforcement order 1,926
or request that a civil action, civil penalty action, or criminal 1,927
action be brought to enforce Chapter 3750. of the Revised Code. 1,928
(E) The controlling board, the development financing 1,930
advisory council, the industrial technology and enterprise 1,931
advisory council, the tax credit authority, or the minority 1,933
development financing advisory board, when meeting to consider 1,934
granting assistance pursuant to Chapter 122. or 166. of the 1,935
Revised Code, in order to protect the interest of the applicant 1,936
or the possible investment of public funds, by unanimous vote of 1,937
all board, council, or authority members present, may close the 1,939
meeting during consideration of the following information 1,941
confidentially received by the authority, council, or board from 1,942
the applicant: 1,944
(1) Marketing plans; 1,946
(2) Specific business strategy; 1,948
(3) Production techniques and trade secrets; 1,950
(4) Financial projections; 1,952
(5) Personal financial statements of the applicant or 1,954
members of the applicant's immediate family, including, but not 1,955
limited to, tax records or other similar information not open to 1,957
public inspection. 1,958
The vote by the authority, council, or board to accept or 1,962
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 1,965
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 1,967
44
reasonable method whereby any person may determine the time and 1,968
place of all regularly scheduled meetings and the time, place, 1,969
and purpose of all special meetings. A public body shall not 1,970
hold a special meeting unless it gives at least twenty-four 1,971
hours' advance notice to the news media that have requested 1,972
notification, except in the event of an emergency requiring 1,973
immediate official action. In the event of an emergency, the 1,974
member or members calling the meeting shall notify the news media 1,975
that have requested notification immediately of the time, place, 1,976
and purpose of the meeting. 1,977
The rule shall provide that any person, upon request and 1,980
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 1,981
business is to be discussed. Provisions for advance notification 1,982
may include, but are not limited to, mailing the agenda of 1,983
meetings to all subscribers on a mailing list or mailing notices 1,984
in self-addressed, stamped envelopes provided by the person. 1,985
(G) Except as provided in division (J) of this section, 1,988
the members of a public body may hold an executive session only 1,989
after a majority of a quorum of the public body determines, by a 1,990
roll call vote, to hold an executive session and only at a 1,992
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 1,993
(1) To consider the appointment, employment, dismissal, 1,995
discipline, promotion, demotion, or compensation of a public 1,996
employee or official, or the investigation of charges or 1,997
complaints against a public employee, official, licensee, or 1,998
regulated individual, unless the public employee, official, 1,999
licensee, or regulated individual requests a public hearing. 2,000
Except as otherwise provided by law, no public body shall hold an 2,001
executive session for the discipline of an elected official for 2,002
conduct related to the performance of the elected official's 2,003
official duties or for the elected official's removal from 2,005
office. If a public body holds an executive session pursuant to 2,007
45
division (G)(1) of this section, the motion and vote to hold that 2,008
executive session shall state which one or more of the approved 2,009
purposes listed in division (G)(1) of this section are the 2,010
purposes for which the executive session is to be held, but need 2,011
not include the name of any person to be considered at the 2,012
meeting.
(2) To consider the purchase of property for public 2,014
purposes, or for the sale of property at competitive bidding, if 2,015
premature disclosure of information would give an unfair 2,016
competitive or bargaining advantage to a person whose personal, 2,017
private interest is adverse to the general public interest. No 2,018
member of a public body shall use division (G)(2) of this section 2,020
as a subterfuge for providing covert information to prospective 2,022
buyers or sellers. A purchase or sale of public property is void 2,023
if the seller or buyer of the public property has received covert 2,024
information from a member of a public body that has not been 2,025
disclosed to the general public in sufficient time for other 2,026
prospective buyers and sellers to prepare and submit offers. 2,027
If the minutes of the public body show that all meetings 2,029
and deliberations of the public body have been conducted in 2,030
compliance with this section, any instrument executed by the 2,031
public body purporting to convey, lease, or otherwise dispose of 2,032
any right, title, or interest in any public property shall be 2,033
conclusively presumed to have been executed in compliance with 2,034
this section insofar as title or other interest of any bona fide 2,035
purchasers, lessees, or transferees of the property is concerned. 2,036
(3) Conferences with an attorney for the public body 2,038
concerning disputes involving the public body that are the 2,039
subject of pending or imminent court action; 2,040
(4) Preparing for, conducting, or reviewing negotiations 2,042
or bargaining sessions with public employees concerning their 2,043
compensation or other terms and conditions of their employment; 2,044
(5) Matters required to be kept confidential by federal 2,046
law or regulations or state statutes; 2,047
46
(6) Specialized details of security arrangements if 2,049
disclosure of the matters discussed might reveal information that 2,050
could be used for the purpose of committing, or avoiding 2,051
prosecution for, a violation of the law; 2,052
(7) In the case of a county hospital operated pursuant to 2,054
Chapter 339. of the Revised Code, to consider trade secrets, as 2,056
defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any 2,058
of the matters listed in divisions (G)(2) to (7) of this section, 2,060
the motion and vote to hold that executive session shall state 2,061
which one or more of the approved matters listed in those 2,062
divisions are to be considered at the executive session. 2,063
A public body specified in division (B)(1)(c) of this 2,066
section shall not hold an executive session when meeting for the
purposes specified in that division. 2,067
(H) A resolution, rule, or formal action of any kind is 2,069
invalid unless adopted in an open meeting of the public body. A 2,070
resolution, rule, or formal action adopted in an open meeting 2,071
that results from deliberations in a meeting not open to the 2,072
public is invalid unless the deliberations were for a purpose 2,073
specifically authorized in division (G) or (J) of this section 2,074
and conducted at an executive session held in compliance with 2,075
this section. A resolution, rule, or formal action adopted in an 2,076
open meeting is invalid if the public body that adopted the 2,077
resolution, rule, or formal action violated division (F) of this 2,078
section. 2,079
(I)(1) Any person may bring an action to enforce this 2,081
section. An action under division (I)(1) of this section shall 2,083
be brought within two years after the date of the alleged 2,084
violation or threatened violation. Upon proof of a violation or 2,085
threatened violation of this section in an action brought by any 2,086
person, the court of common pleas shall issue an injunction to 2,087
compel the members of the public body to comply with its 2,088
provisions. 2,089
47
(2)(a) If the court of common pleas issues an injunction 2,091
pursuant to division (I)(1) of this section, the court shall 2,092
order the public body that it enjoins to pay a civil forfeiture 2,093
of five hundred dollars to the party that sought the injunction 2,094
and shall award to that party all court costs and, subject to 2,095
reduction as described in division (I)(2) of this section, 2,097
reasonable attorney's fees. The court, in its discretion, may 2,098
reduce an award of attorney's fees to the party that sought the 2,099
injunction or not award attorney's fees to that party if the 2,100
court determines both of the following: 2,101
(i) That, based on the ordinary application of statutory 2,103
law and case law as it existed at the time of violation or 2,104
threatened violation that was the basis of the injunction, a 2,105
well-informed public body reasonably would believe that the 2,106
public body was not violating or threatening to violate this 2,107
section; 2,108
(ii) That a well-informed public body reasonably would 2,110
believe that the conduct or threatened conduct that was the basis 2,111
of the injunction would serve the public policy that underlies 2,112
the authority that is asserted as permitting that conduct or 2,113
threatened conduct. 2,114
(b) If the court of common pleas does not issue an 2,116
injunction pursuant to division (I)(1) of this section and the 2,117
court determines at that time that the bringing of the action was 2,118
frivolous conduct, as defined in division (A) of section 2323.51 2,119
of the Revised Code, the court shall award to the public body all 2,120
court costs and reasonable attorney's fees, as determined by the 2,121
court. 2,122
(3) Irreparable harm and prejudice to the party that 2,124
sought the injunction shall be conclusively and irrebuttably 2,125
presumed upon proof of a violation or threatened violation of 2,126
this section. 2,127
(4) A member of a public body who knowingly violates an 2,129
injunction issued pursuant to division (I)(1) of this section may 2,130
48
be removed from office by an action brought in the court of 2,131
common pleas for that purpose by the prosecuting attorney or the 2,132
attorney general. 2,133
(J)(1) Pursuant to division (C) of section 5901.09 of the 2,135
Revised Code, a veterans service commission shall hold an 2,136
executive session for one or more of the following purposes 2,137
unless an applicant requests a public hearing: 2,138
(a) Interviewing an applicant for financial assistance 2,140
under sections 5901.01 to 5901.15 of the Revised Code; 2,141
(b) Discussing applications, statements, and other 2,143
documents described in division (B) of section 5901.09 of the 2,144
Revised Code; 2,145
(c) Reviewing matters relating to an applicant's request 2,147
for financial assistance under sections 5901.01 to 5901.15 of the 2,148
Revised Code.
(2) A veterans service commission shall not exclude an 2,150
applicant for, recipient of, or former recipient of financial 2,151
assistance under sections 5901.01 to 5901.15 of the Revised Code, 2,152
and shall not exclude representatives selected by the applicant, 2,154
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 2,155
applicant's, recipient's, or former recipient's application for 2,156
financial assistance.
(3) A veterans service commission shall vote on the grant 2,158
or denial of financial assistance under sections 5901.01 to 2,159
5901.15 of the Revised Code only in an open meeting of the 2,161
commission. The minutes of the meeting shall indicate the name, 2,162
address, and occupation of the applicant, whether the assistance 2,163
was granted or denied, the amount of the assistance if assistance 2,164
is granted, and the votes for and against the granting of 2,165
assistance.
Section 4. That the existing version of section 121.22 of 2,167
the Revised Code that is scheduled to take effect December 24, 2,168
2000, is hereby repealed. 2,169
49
Section 5. Sections 3 and 4 of this act shall take effect 2,171
December 24, 2000. 2,172
Section 6. That new section 3793.07 of the Revised Code be 2,174
enacted to read as follows: 2,175
Sec. 3793.07. (A) AS USED IN THIS SECTION: 2,184
(1) "MEDICARE PROGRAM" MEANS THE PROGRAM ESTABLISHED UNDER 2,186
TITLE XVIII OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 2,188
U.S.C. 301, AS AMENDED; 2,189
(2) "MEDICAID PROGRAM" MEANS THE PROGRAM ESTABLISHED UNDER 2,191
TITLE XIX OF THE "SOCIAL SECURITY ACT." 2,193
(B) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE 2,195
DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES SHALL ACCEPT 2,196
THE CERTIFICATION OR CREDENTIALS OF AN INDIVIDUAL WHO IS A MEMBER 2,197
OF THE PROFESSION OF ALCOHOLISM COUNSELING, DRUG ABUSE 2,198
COUNSELING, OR CHEMICAL DEPENDENCY COUNSELING, OR AN INDIVIDUAL 2,199
WHO IS AN ALCOHOLISM OR DRUG ABUSE PREVENTION CONSULTANT OR 2,200
SPECIALIST ONLY IF THE INDIVIDUAL IS CERTIFIED BY OR HOLDS 2,201
CREDENTIALS FROM THE OHIO CREDENTIALING BOARD FOR CHEMICAL 2,203
DEPENDENCY PROFESSIONALS.
(C) THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES, 2,205
IN COOPERATION WITH THE DEPARTMENT OF JOB AND FAMILY SERVICES AND 2,206
THE OHIO CREDENTIALING BOARD FOR CHEMICAL DEPENDENCY 2,208
PROFESSIONALS, SHALL PREPARE AND SUBMIT TO THE FEDERAL AGENCY 2,209
RESPONSIBLE FOR ADMINISTRATION OF THE MEDICARE AND MEDICAID 2,210
PROGRAMS A REQUEST THAT THE AGENCY ACCEPT FOR THE PURPOSES OF 2,211
REIMBURSEMENT UNDER THOSE PROGRAMS THE CERTIFICATIONS MADE AND 2,212
CREDENTIALS ISSUED BY THE OHIO CREDENTIALING BOARD FOR CHEMICAL 2,214
DEPENDENCY PROFESSIONALS. IF THE REQUEST IS DENIED, THE 2,215
DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES SHALL ASSIST 2,216
THE OHIO CREDENTIALING BOARD FOR CHEMICAL DEPENDENCY
PROFESSIONALS IN ANY ACTIONS TAKEN BY THE BOARD TO ESTABLISH 2,218
STANDARDS THAT WILL BE ACCEPTED BY THE FEDERAL AGENCY AND, IN 2,219
COOPERATION WITH THE DEPARTMENT OF JOB AND FAMILY SERVICES, SHALL 2,220
SUBMIT ADDITIONAL REQUESTS TO THE FEDERAL AGENCY FOR APPROVAL OF 2,221
50
THE BOARD'S STANDARDS. IF THE BOARD CHANGES ITS STANDARDS IN 2,222
ORDER TO OBTAIN THE APPROVAL OF THE FEDERAL AGENCY, THE CHANGES 2,223
SHALL APPLY ONLY TO CERTIFICATIONS MADE AND CREDENTIALS ISSUED 2,224
AFTER THE EFFECTIVE DATE OF THE CHANGE AND SHALL NOT AFFECT THE 2,225
VALIDITY FOR THE PURPOSES OF THIS SECTION OR SECTION 4757.41 OF 2,226
THE REVISED CODE OF CERTIFICATIONS MADE OR CREDENTIALS ISSUED
PRIOR TO THAT DATE. NOTHING IN THIS SECTION SHALL BE CONSTRUED 2,227
AS REQUIRING SUCH CERTIFICATION OR CREDENTIALS FOR SERVICES THAT 2,228
ARE NOT REIMBURSED BY MEDICARE OR MEDICAID. 2,229
(D) IF THE DIRECTOR OF ALCOHOL AND DRUG ADDICTION FINDS 2,231
THAT THE PUBLIC INTEREST IS NOT BEING SERVED BY ACCEPTANCE OF 2,233
CERTIFICATIONS AND CREDENTIALS ISSUED BY THE OHIO CREDENTIALING 2,234
BOARD FOR CHEMICAL DEPENDENCY PROFESSIONALS, THE DIRECTOR SHALL 2,235
MAKE A WRITTEN REQUEST TO THE COUNCIL ON ALCOHOL AND DRUG 2,236
ADDICTION SERVICES FOR AUTHORITY FOR THE DEPARTMENT TO ESTABLISH 2,237
A CERTIFICATION OR CREDENTIALING PROGRAM OR ACCEPT CERTIFICATIONS 2,238
OR CREDENTIALS FROM AN ENTITY DESIGNATED BY THE DEPARTMENT. 2,239
IF IT DETERMINES THAT THERE IS SUBSTANTIAL EVIDENCE TO 2,241
SUPPORT THE DIRECTOR'S FINDING, THE COUNCIL, BY RESOLUTION, SHALL 2,242
AUTHORIZE THE DEPARTMENT TO ESTABLISH A CERTIFICATION OR 2,243
CREDENTIALING PROGRAM OR TO ACCEPT CERTIFICATIONS OR CREDENTIALS 2,244
FROM AN ENTITY DESIGNATED BY THE DEPARTMENT, OR BOTH. THE 2,245
COUNCIL SHALL ISSUE COPIES OF ITS RESOLUTION TO THE DIRECTOR AND 2,246
TO THE OHIO CREDENTIALING BOARD FOR CHEMICAL DEPENDENCY 2,247
PROFESSIONALS. 2,248
ON RECEIPT OF THE RESOLUTION, THE DEPARTMENT SHALL, BY RULE 2,251
ADOPTED PURSUANT TO CHAPTER 119. OF THE REVISED CODE, ESTABLISH A 2,252
CERTIFICATION OR CREDENTIALING PROGRAM OR DESIGNATE AN ENTITY 2,253
FROM WHICH IT WILL ACCEPT CERTIFICATIONS OR CREDENTIALS, OR BOTH. 2,254
THE RULES ARE NOT SUBJECT TO THE COUNCIL'S REVIEW. THE RULES 2,255
SHALL INCLUDE STANDARDS FOR CERTIFICATION OR ISSUANCE OF 2,256
CREDENTIALS. THE RULES SHALL SPECIFY THE DATE ON WHICH THE 2,257
PROGRAM ESTABLISHED BY THE DEPARTMENT IS AUTHORIZED TO CERTIFY OR 2,258
ISSUE CREDENTIALS TO INDIVIDUALS OR ON WHICH THE DEPARTMENT WILL 2,259
51
ACCEPT CERTIFICATION OR CREDENTIALS OF THE DESIGNATED ENTITY. 2,260
CERTIFICATIONS MADE AND CREDENTIALS ISSUED BY THE OHIO 2,262
CREDENTIALING BOARD FOR CHEMICAL DEPENDENCY PROFESSIONALS PRIOR 2,263
TO THAT DATE SHALL CONTINUE TO BE ACCEPTED BY THE DEPARTMENT 2,264
AFTER THAT DATE.
Section 7. That section 3793.07 of the Revised Code is 2,266
hereby repealed.
Section 8. Sections 6 and 7 of this act shall take effect 2,268
July 1, 2002.