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           

                                                          2      


                                                                 
                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           

                                                          3      


                                                                 
      (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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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                         

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
      (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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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          

                                                          15     


                                                                 
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          

                                                          17     


                                                                 
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.