REPRESENTATIVES Schmidt, Fessler, Webster, Setzer, Lendrum, Rhine, Carano, Kearns, Kilbane, Young, Collier, Latell, Coates

To amend sections 125.22, 2151.421, 2317.02, 4757.01

1

to 4757.07, 4757.10 to 4757.12, 4757.15, 4757.16,

2

4757.17, 4757.18, 4757.19, 4757.22, 4757.23,

3

4757.27, 4757.28, 4757.29, 4757.31, 4757.32,

4

4757.33, 4757.34, 4757.36, 4757.38, and 4757.43 and

5

to enact sections 4757.30, 4757.301, 4757.361, and

6

4757.44 of the Revised Code to provide for the

7

licensing of independent marriage and family

8

therapists and marriage and family therapists.

9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 125.22, 2151.421, 2317.02, 4757.01,	10
4757.02, 4757.03, 4757.04, 4757.05, 4757.06, 4757.07, 4757.10,	11
4757.11, 4757.12, 4757.15, 4757.16, 4757.17, 4757.18, 4757.19,	12
4757.22, 4757.23, 4757.27, 4757.28, 4757.29, 4757.31, 4757.32,	13
4757.33, 4757.34, 4757.36, 4757.38, and 4757.43 be amended and	14
sections 4757.30, 4757.301, 4757.361, and 4757.44 of the Revised	15
Code be enacted to read as follows:	16

Sec. 125.22.  (A) The department of administrative services	17
shall establish the central service agency to perform routine	18
support for the following boards and commissions:	19

(1) State board of examiners of architects;

20

(2) Barber board;

21

(3) State chiropractic board;

22

(4) State board of cosmetology;

23

(5) Accountancy board;

24

(6) State dental board;

25

(7) State board of optometry;

26

(8) Ohio occupational therapy, physical therapy, and	27
athletic trainers board;	28

(9) State board of registration for professional engineers	29
and surveyors;	30

(10) State board of sanitarian registration;

31

(11) Board of embalmers and funeral directors;

32

(12) State board of psychology;

33

(13) Ohio optical dispensers board;

34

(14) Board of speech pathology and audiology;

35

(15) Counselor and, social worker, and marriage and family	36
therapist board;	37

(16) State veterinary medical licensing board;

38

(17) Ohio board of dietetics;

39

(18) Commission on Hispanic-Latino affairs;

40

(19) Ohio respiratory care board;

41

(20) Ohio commission on African-American males.

42

(B)(1) Notwithstanding any other section of the Revised	43
Code, the agency shall perform the following routine support	44
services for the boards and commissions named in division (A) of	45
this section unless the controlling board exempts a board or	46
commission from this requirement on the recommendation of the	47
director of administrative services:	48

(a) Preparing and processing payroll and other personnel	49
documents;	50

(b) Preparing and processing vouchers, purchase orders,	51
encumbrances, and other accounting documents;	52

(c) Maintaining ledgers of accounts and balances;

53

(d) Preparing and monitoring budgets and allotment plans in	54
consultation with the boards and commissions;	55

(e) Other routine support services that the director of	56
administrative services considers appropriate to achieve	57
efficiency.	58

(2) The agency may perform other services which a board or	59
commission named in division (A) of this section delegates to the	60
agency and the agency accepts.	61

(3) The agency may perform any service for any professional	62
or occupational licensing board not named in division (A) of this	63
section or any commission if the board or commission requests such	64
service and the agency accepts.	65

(C) The director of administrative services shall be the	66
appointing authority for the agency.	67

(D) The agency shall determine the fees to be charged to the	68
boards and commissions, which shall be in proportion to the	69
services performed for each board or commission.	70

(E) Each board or commission named in division (A) of this	71
section and any other board or commission requesting services from	72
the agency shall pay these fees to the agency from the general	73
revenue fund maintenance account of the board or commission or	74
from such other fund as the operating expenses of the board or	75
commission are paid. Any amounts set aside for a fiscal year by a	76
board or commission to allow for the payment of fees shall be used	77
only for the services performed by the agency in that fiscal year.	78
All receipts collected by the agency shall be deposited in the	79
state treasury to the credit of the central service agency fund,	80
which is hereby created. All expenses incurred by the agency in	81
performing services for the boards or commissions shall be paid	82
from the fund.	83

(F) Nothing in this section shall be construed as a grant of	84
authority for the central service agency to initiate or deny	85
personnel or fiscal actions for the boards and commissions.	86

Sec. 2151.421.  (A)(1)(a) No person described in division	87
(A)(1)(b) of this section who is acting in an official or	88
professional capacity and knows or suspects that a child under	89
eighteen years of age or a mentally retarded, developmentally	90
disabled, or physically impaired child under twenty-one years of	91
age has suffered or faces a threat of suffering any physical or	92
mental wound, injury, disability, or condition of a nature that	93
reasonably indicates abuse or neglect of the child, shall fail to	94
immediately report that knowledge or suspicion to the public	95
children services agency or a municipal or county peace officer in	96
the county in which the child resides or in which the abuse or	97
neglect is occurring or has occurred.	98

(b) Division (A)(1)(a) of this section applies to any person	99
who is an attorney; physician, including a hospital intern or	100
resident; dentist; podiatrist; practitioner of a limited branch of	101
medicine as specified in section 4731.15 of the Revised Code;	102
registered nurse; licensed practical nurse; visiting nurse; other	103
health care professional; licensed psychologist; licensed school	104
psychologist; independent marriage and family therapist or	105
marriage and family therapist; speech pathologist or audiologist;	106
coroner; administrator or employee of a child day-care center;	107
administrator or employee of a residential camp or child day camp;	108
administrator or employee of a certified child care agency or	109
other public or private children services agency; school teacher;	110
school employee; school authority; person engaged in social work	111
or the practice of professional counseling; or a person rendering	112
spiritual treatment through prayer in accordance with the tenets	113
of a well-recognized religion.	114

(2) An attorney or a physician is not required to make a	115
report pursuant to division (A)(1) of this section concerning any	116
communication the attorney or physician receives from a client or	117
patient in an attorney-client or physician-patient relationship,	118
if, in accordance with division (A) or (B) of section 2317.02 of	119
the Revised Code, the attorney or physician could not testify with	120
respect to that communication in a civil or criminal proceeding,	121
except that the client or patient is deemed to have waived any	122
testimonial privilege under division (A) or (B) of section 2317.02	123
of the Revised Code with respect to that communication and the	124
attorney or physician shall make a report pursuant to division	125
(A)(1) of this section with respect to that communication, if all	126
of the following apply:	127

(a) The client or patient, at the time of the communication,	128
is either a child under eighteen years of age or a mentally	129
retarded, developmentally disabled, or physically impaired person	130
under twenty-one years of age.	131

(b) The attorney or physician knows or suspects, as a result	132
of the communication or any observations made during that	133
communication, that the client or patient has suffered or faces a	134
threat of suffering any physical or mental wound, injury,	135
disability, or condition of a nature that reasonably indicates	136
abuse or neglect of the client or patient.	137

(c) The attorney-client or physician-patient relationship	138
does not arise out of the client's or patient's attempt to have an	139
abortion without the notification of her parents, guardian, or	140
custodian in accordance with section 2151.85 of the Revised Code.	141

(B) Anyone, who knows or suspects that a child under	142
eighteen years of age or a mentally retarded, developmentally	143
disabled, or physically impaired person under twenty-one years of	144
age has suffered or faces a threat of suffering any physical or	145
mental wound, injury, disability, or other condition of a nature	146
that reasonably indicates abuse or neglect of the child, may	147
report or cause reports to be made of that knowledge or suspicion	148
to the public children services agency or to a municipal or county	149
peace officer.	150

(C) Any report made pursuant to division (A) or (B) of this	151
section shall be made forthwith either by telephone or in person	152
and shall be followed by a written report, if requested by the	153
receiving agency or officer. The written report shall contain:	154

(1) The names and addresses of the child and the child's	155
parents or the person or persons having custody of the child, if	156
known;	157

(2) The child's age and the nature and extent of the child's	158
known or suspected injuries, abuse, or neglect or of the known or	159
suspected threat of injury, abuse, or neglect, including any	160
evidence of previous injuries, abuse, or neglect;	161

(3) Any other information that might be helpful in	162
establishing the cause of the known or suspected injury, abuse, or	163
neglect or of the known or suspected threat of injury, abuse, or	164
neglect.	165

Any person, who is required by division (A) of this section	166
to report known or suspected child abuse or child neglect, may	167
take or cause to be taken color photographs of areas of trauma	168
visible on a child and, if medically indicated, cause to be	169
performed radiological examinations of the child.	170

(D)(1) Upon the receipt of a report concerning the possible	171
abuse or neglect of a child or the possible threat of abuse or	172
neglect of a child, the municipal or county peace officer who	173
receives the report shall refer the report to the appropriate	174
public children services agency.	175

(2) On receipt of a report pursuant to this division or	176
division (A) or (B) of this section, the public children services	177
agency shall comply with section 2151.422 of the Revised Code.	178

(E) No township, municipal, or county peace officer shall	179
remove a child about whom a report is made pursuant to this	180
section from the child's parents, stepparents, or guardian or any	181
other persons having custody of the child without consultation	182
with the public children services agency, unless, in the judgment	183
of the officer, and, if the report was made by physician, the	184
physician, immediate removal is considered essential to protect	185
the child from further abuse or neglect. The agency that must be	186
consulted shall be the agency conducting the investigation of the	187
report as determined pursuant to section 2151.422 of the Revised	188
Code.	189

(F)(1) Except as provided in section 2151.422 of the Revised	190
Code, the public children services agency shall investigate,	191
within twenty-four hours, each report of known or suspected child	192
abuse or child neglect and of a known or suspected threat of child	193
abuse or child neglect that is referred to it under this section	194
to determine the circumstances surrounding the injuries, abuse, or	195
neglect or the threat of injury, abuse, or neglect, the cause of	196
the injuries, abuse, neglect, or threat, and the person or persons	197
responsible. The investigation shall be made in cooperation with	198
the law enforcement agency and in accordance with the memorandum	199
of understanding prepared under division (J) of this section. A	200
failure to make the investigation in accordance with the	201
memorandum is not grounds for, and shall not result in, the	202
dismissal of any charges or complaint arising from the report or	203
the suppression of any evidence obtained as a result of the report	204
and does not give, and shall not be construed as giving, any	205
rights or any grounds for appeal or post-conviction relief to any	206
person. The public children services agency shall report each	207
case to a central registry which the department of job and family	208
services shall maintain in order to determine whether prior	209
reports have been made in other counties concerning the child or	210
other principals in the case. The public children services agency	211
shall submit a report of its investigation, in writing, to the law	212
enforcement agency.	213

(2) The public children services agency shall make any	214
recommendations to the county prosecuting attorney or city	215
director of law that it considers necessary to protect any	216
children that are brought to its attention.	217

(G)(1)(a) Except as provided in division (H)(3) of this	218
section, anyone or any hospital, institution, school, health	219
department, or agency participating in the making of reports under	220
division (A) of this section, anyone or any hospital, institution,	221
school, health department, or agency participating in good faith	222
in the making of reports under division (B) of this section, and	223
anyone participating in good faith in a judicial proceeding	224
resulting from the reports, shall be immune from any civil or	225
criminal liability for injury, death, or loss to person or	226
property that otherwise might be incurred or imposed as a result	227
of the making of the reports or the participation in the judicial	228
proceeding.	229

(b) Notwithstanding section 4731.22 of the Revised Code, the	230
physician-patient privilege shall not be a ground for excluding	231
evidence regarding a child's injuries, abuse, or neglect, or the	232
cause of the injuries, abuse, or neglect in any judicial	233
proceeding resulting from a report submitted pursuant to this	234
section.	235

(2) In any civil or criminal action or proceeding in which	236
it is alleged and proved that participation in the making of a	237
report under this section was not in good faith or participation	238
in a judicial proceeding resulting from a report made under this	239
section was not in good faith, the court shall award the	240
prevailing party reasonable attorney's fees and costs and, if a	241
civil action or proceeding is voluntarily dismissed, may award	242
reasonable attorney's fees and costs to the party against whom the	243
civil action or proceeding is brought.	244

(H)(1) Except as provided in divisions (H)(4), (M), and (N)	245
of this section, a report made under this section is confidential.	246
The information provided in a report made pursuant to this section	247
and the name of the person who made the report shall not be	248
released for use, and shall not be used, as evidence in any civil	249
action or proceeding brought against the person who made the	250
report. In a criminal proceeding, the report is admissible in	251
evidence in accordance with the Rules of Evidence and is subject	252
to discovery in accordance with the Rules of Criminal Procedure.	253

(2) No person shall permit or encourage the unauthorized	254
dissemination of the contents of any report made under this	255
section.	256

(3) A person who knowingly makes or causes another person to	257
make a false report under division (B) of this section that	258
alleges that any person has committed an act or omission that	259
resulted in a child being an abused child or a neglected child is	260
guilty of a violation of section 2921.14 of the Revised Code.	261

(4) If a report is made pursuant to division (A) or (B) of	262
this section and the child who is the subject of the report dies	263
for any reason at any time after the report is made, but before	264
the child attains eighteen years of age, the public children	265
services agency or municipal or county peace officer to which the	266
report was made or referred, on the request of the child fatality	267
review board, shall submit a summary sheet of information	268
providing a summary of the report to the review board of the	269
county in which the deceased child resided at the time of death.	270
On the request of the review board, the agency or peace officer	271
may, at its discretion, make the report available to the review	272
board.	273

(5) A public children services agency shall advise a person	274
alleged to have inflicted abuse or neglect on a child who is the	275
subject of a report made pursuant to this section in writing of	276
the disposition of the investigation. The agency shall not	277
provide to the person any information that identifies the person	278
who made the report, statements of witnesses, or police or other	279
investigative reports.	280

(I) Any report that is required by this section shall result	281
in protective services and emergency supportive services being	282
made available by the public children services agency on behalf of	283
the children about whom the report is made, in an effort to	284
prevent further neglect or abuse, to enhance their welfare, and,	285
whenever possible, to preserve the family unit intact. The agency	286
required to provide the services shall be the agency conducting	287
the investigation of the report pursuant to section 2151.422 of	288
the Revised Code.	289

(J)(1) Each public children services agency shall prepare a	290
memorandum of understanding that is signed by all of the	291
following:	292

(a) If there is only one juvenile judge in the county, the	293
juvenile judge of the county or the juvenile judge's	294
representative;	295

(b) If there is more than one juvenile judge in the county,	296
a juvenile judge or the juvenile judges' representative selected	297
by the juvenile judges or, if they are unable to do so for any	298
reason, the juvenile judge who is senior in point of service or	299
the senior juvenile judge's representative;	300

(c) The county peace officer;

301

(d) All chief municipal peace officers within the county;

302

(e) Other law enforcement officers handling child abuse and	303
neglect cases in the county;	304

(f) The prosecuting attorney of the county;

305

(g) If the public children services agency is not the county	306
department of job and family services, the county department of	307
job and family services.	308

(2) A memorandum of understanding shall set forth the normal	309
operating procedure to be employed by all concerned officials in	310
the execution of their respective responsibilities under this	311
section and division (C) of section 2919.21, division (B)(1) of	312
section 2919.22, division (B) of section 2919.23, and section	313
2919.24 of the Revised Code and shall have as two of its primary	314
goals the elimination of all unnecessary interviews of children	315
who are the subject of reports made pursuant to division (A) or	316
(B) of this section and, when feasible, providing for only one	317
interview of a child who is the subject of any report made	318
pursuant to division (A) or (B) of this section. A failure to	319
follow the procedure set forth in the memorandum by the concerned	320
officials is not grounds for, and shall not result in, the	321
dismissal of any charges or complaint arising from any reported	322
case of abuse or neglect or the suppression of any evidence	323
obtained as a result of any reported child abuse or child neglect	324
and does not give, and shall not be construed as giving, any	325
rights or any grounds for appeal or post-conviction relief to any	326
person.	327

(3) A memorandum of understanding shall include all of the	328
following:	329

(a) The roles and responsibilities for handling emergency	330
and nonemergency cases of abuse and neglect;	331

(b) Standards and procedures to be used in handling and	332
coordinating investigations of reported cases of child abuse and	333
reported cases of child neglect, methods to be used in	334
interviewing the child who is the subject of the report and who	335
allegedly was abused or neglected, and standards and procedures	336
addressing the categories of persons who may interview the child	337
who is the subject of the report and who allegedly was abused or	338
neglected.	339

(K)(1) Except as provided in division (K)(4) of this	340
section, a person who is required to make a report pursuant to	341
division (A) of this section may make a reasonable number of	342
requests of the public children services agency that receives or	343
is referred the report to be provided with the following	344
information:	345

(a) Whether the agency has initiated an investigation of the	346
report;	347

(b) Whether the agency is continuing to investigate the	348
report;	349

(c) Whether the agency is otherwise involved with the child	350
who is the subject of the report;	351

(d) The general status of the health and safety of the child	352
who is the subject of the report;	353

(e) Whether the report has resulted in the filing of a	354
complaint in juvenile court or of criminal charges in another	355
court.	356

(2) A person may request the information specified in	357
division (K)(1) of this section only if, at the time the report is	358
made, the person's name, address, and telephone number are	359
provided to the person who receives the report.	360

When a municipal or county peace officer or employee of a	361
public children services agency receives a report pursuant to	362
division (A) or (B) of this section the recipient of the report	363
shall inform the person of the right to request the information	364
described in division (K)(1) of this section. The recipient of	365
the report shall include in the initial child abuse or child	366
neglect report that the person making the report was so informed	367
and, if provided at the time of the making of the report, shall	368
include the person's name, address, and telephone number in the	369
report.	370

Each request is subject to verification of the identity of	371
the person making the report. If that person's identity is	372
verified, the agency shall provide the person with the information	373
described in division (K)(1) of this section a reasonable number	374
of times, except that the agency shall not disclose any	375
confidential information regarding the child who is the subject of	376
the report other than the information described in those	377
divisions.	378

(3) A request made pursuant to division (K)(1) of this	379
section is not a substitute for any report required to be made	380
pursuant to division (A) of this section.	381

(4) If an agency other than the agency that received or was	382
referred the report is conducting the investigation of the report	383
pursuant to section 2151.422 of the Revised Code, the agency	384
conducting the investigation shall comply with the requirements of	385
division (K) of this section.	386

(L) The director of job and family services shall adopt	387
rules in accordance with Chapter 119. of the Revised Code to	388
implement this section. The department of job and family services	389
may enter into a plan of cooperation with any other governmental	390
entity to aid in ensuring that children are protected from abuse	391
and neglect. The department shall make recommendations to the	392
attorney general that the department determines are necessary to	393
protect children from child abuse and child neglect.	394

(M) No later than the end of the day following the day on	395
which a public children services agency receives a report of	396
alleged child abuse or child neglect, or a report of an alleged	397
threat of child abuse or child neglect, that allegedly occurred in	398
or involved an out-of-home care entity, the agency shall provide	399
written notice of the allegations contained in and the person	400
named as the alleged perpetrator in the report to the	401
administrator, director, or other chief administrative officer of	402
the out-of-home care entity that is the subject of the report	403
unless the administrator, director, or other chief administrative	404
officer is named as an alleged perpetrator in the report. If the	405
administrator, director, or other chief administrative officer of	406
an out-of-home care entity is named as an alleged perpetrator in a	407
report of alleged child abuse or child neglect, or a report of an	408
alleged threat of child abuse or child neglect, that allegedly	409
occurred in or involved the out-of-home care entity, the agency	410
shall provide the written notice to the owner or governing board	411
of the out-of-home care entity that is the subject of the report.	412
The agency shall not provide witness statements or police or other	413
investigative reports.	414

(N) No later than three days after the day on which a public	415
children services agency that conducted the investigation as	416
determined pursuant to section 2151.422 of the Revised Code makes	417
a disposition of an investigation involving a report of alleged	418
child abuse or child neglect, or a report of an alleged threat of	419
child abuse or child neglect, that allegedly occurred in or	420
involved an out-of-home care entity, the agency shall send written	421
notice of the disposition of the investigation to the	422
administrator, director, or other chief administrative officer and	423
the owner or governing board of the out-of-home care entity. The	424
agency shall not provide witness statements or police or other	425
investigative reports.	426

Sec. 2317.02.  The following persons shall not testify in	427
certain respects:	428

(A) An attorney, concerning a communication made to the	429
attorney by a client in that relation or the attorney's advice to	430
a client, except that the attorney may testify by express consent	431
of the client or, if the client is deceased, by the express	432
consent of the surviving spouse or the executor or administrator	433
of the estate of the deceased client and except that, if the	434
client voluntarily testifies or is deemed by section 2151.421 of	435
the Revised Code to have waived any testimonial privilege under	436
this division, the attorney may be compelled to testify on the	437
same subject;	438

(B)(1) A physician or a dentist concerning a communication	439
made to the physician or dentist by a patient in that relation or	440
the physician's or dentist's advice to a patient, except as	441
otherwise provided in this division, division (B)(2), and division	442
(B)(3) of this section, and except that, if the patient is deemed	443
by section 2151.421 of the Revised Code to have waived any	444
testimonial privilege under this division, the physician may be	445
compelled to testify on the same subject.	446

The testimonial privilege established under this division	447
does not apply, and a physician or dentist may testify or may be	448
compelled to testify, in any of the following circumstances:	449

(a) In any civil action, in accordance with the discovery	450
provisions of the Rules of Civil Procedure in connection with a	451
civil action, or in connection with a claim under Chapter 4123. of	452
the Revised Code, under any of the following circumstances:	453

(i) If the patient or the guardian or other legal	454
representative of the patient gives express consent;	455

(ii) If the patient is deceased, the spouse of the patient	456
or the executor or administrator of the patient's estate gives	457
express consent;	458

(iii) If a medical claim, dental claim, chiropractic claim,	459
or optometric claim, as defined in section 2305.11 of the Revised	460
Code, an action for wrongful death, any other type of civil	461
action, or a claim under Chapter 4123. of the Revised Code is	462
filed by the patient, the personal representative of the estate of	463
the patient if deceased, or the patient's guardian or other legal	464
representative.	465

(b) In any civil action concerning court-ordered treatment	466
or services received by a patient, if the court-ordered treatment	467
or services were ordered as part of a case plan journalized under	468
section 2151.412 of the Revised Code or the court-ordered	469
treatment or services are necessary or relevant to dependency,	470
neglect, or abuse or temporary or permanent custody proceedings	471
under Chapter 2151. of the Revised Code.	472

(c) In any criminal action concerning any test or the	473
results of any test that determines the presence or concentration	474
of alcohol, a drug of abuse, or alcohol and a drug of abuse in the	475
patient's blood, breath, urine, or other bodily substance at any	476
time relevant to the criminal offense in question.	477

(d) In any criminal action against a physician or dentist.	478
In such an action, the testimonial privilege established under	479
this division does not prohibit the admission into evidence, in	480
accordance with the Rules of Evidence, of a patient's medical or	481
dental records or other communications between a patient and the	482
physician or dentist that are related to the action and obtained	483
by subpoena, search warrant, or other lawful means. A court that	484
permits or compels a physician or dentist to testify in such an	485
action or permits the introduction into evidence of patient	486
records or other communications in such an action shall require	487
that appropriate measures be taken to ensure that the	488
confidentiality of any patient named or otherwise identified in	489
the records is maintained. Measures to ensure confidentiality	490
that may be taken by the court include sealing its records or	491
deleting specific information from its records.	492

(2)(a) If any law enforcement officer submits a written	493
statement to a health care provider that states that an official	494
criminal investigation has begun regarding a specified person or	495
that a criminal action or proceeding has been commenced against a	496
specified person, that requests the provider to supply to the	497
officer copies of any records the provider possesses that pertain	498
to any test or the results of any test administered to the	499
specified person to determine the presence or concentration of	500
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	501
person's blood, breath, or urine at any time relevant to the	502
criminal offense in question, and that conforms to section	503
2317.022 of the Revised Code, the provider, except to the extent	504
specifically prohibited by any law of this state or of the United	505
States, shall supply to the officer a copy of any of the requested	506
records the provider possesses. If the health care provider does	507
not possess any of the requested records, the provider shall give	508
the officer a written statement that indicates that the provider	509
does not possess any of the requested records.	510

(b) If a health care provider possesses any records of the	511
type described in division (B)(2)(a) of this section regarding the	512
person in question at any time relevant to the criminal offense in	513
question, in lieu of personally testifying as to the results of	514
the test in question, the custodian of the records may submit a	515
certified copy of the records, and, upon its submission, the	516
certified copy is qualified as authentic evidence and may be	517
admitted as evidence in accordance with the Rules of Evidence.	518
Division (A) of section 2317.422 of the Revised Code does not	519
apply to any certified copy of records submitted in accordance	520
with this division. Nothing in this division shall be construed	521
to limit the right of any party to call as a witness the person	522
who administered the test to which the records pertain, the person	523
under whose supervision the test was administered, the custodian	524
of the records, the person who made the records, or the person	525
under whose supervision the records were made.	526

(3)(a) If the testimonial privilege described in division	527
(B)(1) of this section does not apply as provided in division	528
(B)(1)(a)(iii) of this section, a physician or dentist may be	529
compelled to testify or to submit to discovery under the Rules of	530
Civil Procedure only as to a communication made to the physician	531
or dentist by the patient in question in that relation, or the	532
physician's or dentist's advice to the patient in question, that	533
related causally or historically to physical or mental injuries	534
that are relevant to issues in the medical claim, dental claim,	535
chiropractic claim, or optometric claim, action for wrongful	536
death, other civil action, or claim under Chapter 4123. of the	537
Revised Code.	538

(b) If the testimonial privilege described in division	539
(B)(1) of this section does not apply to a physician or dentist as	540
provided in division (B)(1)(c) of this section, the physician or	541
dentist, in lieu of personally testifying as to the results of the	542
test in question, may submit a certified copy of those results,	543
and, upon its submission, the certified copy is qualified as	544
authentic evidence and may be admitted as evidence in accordance	545
with the Rules of Evidence. Division (A) of section 2317.422 of	546
the Revised Code does not apply to any certified copy of results	547
submitted in accordance with this division. Nothing in this	548
division shall be construed to limit the right of any party to	549
call as a witness the person who administered the test in	550
question, the person under whose supervision the test was	551
administered, the custodian of the results of the test, the person	552
who compiled the results, or the person under whose supervision	553
the results were compiled.	554

(4) The testimonial privilege described in division (B)(1)	555
of this section is not waived when a communication is made by a	556
physician to a pharmacist or when there is communication between a	557
patient and a pharmacist in furtherance of the physician-patient	558
relation.	559

(5)(a) As used in divisions (B)(1) to (4) of this section,	560
"communication" means acquiring, recording, or transmitting any	561
information, in any manner, concerning any facts, opinions, or	562
statements necessary to enable a physician or dentist to diagnose,	563
treat, prescribe, or act for a patient. A "communication" may	564
include, but is not limited to, any medical or dental, office, or	565
hospital communication such as a record, chart, letter,	566
memorandum, laboratory test and results, x-ray, photograph,	567
financial statement, diagnosis, or prognosis.	568

(b) As used in division (B)(2) of this section, "health care	569
provider" means a hospital, ambulatory care facility, long-term	570
care facility, pharmacy, emergency facility, or health care	571
practitioner.	572

(c) As used in division (B)(5)(b) of this section:

573

(i) "Ambulatory care facility" means a facility that provides	574
medical, diagnostic, or surgical treatment to patients who do not	575
require hospitalization, including a dialysis center, ambulatory	576
surgical facility, cardiac catheterization facility, diagnostic	577
imaging center, extracorporeal shock wave lithotripsy center, home	578
health agency, inpatient hospice, birthing center, radiation	579
therapy center, emergency facility, and an urgent care center.	580
"Ambulatory health care facility" does not include the private	581
office of a physician or dentist, whether the office is for an	582
individual or group practice.	583

(ii) "Emergency facility" means a hospital emergency	584
department or any other facility that provides emergency medical	585
services.	586

(iii) "Health care practitioner" has the same meaning as in	587
section 4769.01 of the Revised Code.	588

(iv) "Hospital" has the same meaning as in section 3727.01 of	589
the Revised Code.	590

(v) "Long-term care facility" means a nursing home,	591
residential care facility, or home for the aging, as those terms	592
are defined in section 3721.01 of the Revised Code; an adult care	593
facility, as defined in section 3722.01 of the Revised Code; a	594
nursing facility or intermediate care facility for the mentally	595
retarded, as those terms are defined in section 5111.20 of the	596
Revised Code; a facility or portion of a facility certified as a	597
skilled nursing facility under Title XVIII of the "Social Security	598
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	599

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	600
the Revised Code.	601

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	602
apply to doctors of medicine, doctors of osteopathic medicine,	603
doctors of podiatry, and dentists.	604

(7) Nothing in divisions (B)(1) to (6) of this section	605
affects, or shall be construed as affecting, the immunity from	606
civil liability conferred by section 307.628 or 2305.33 of the	607
Revised Code upon physicians who report an employee's use of a	608
drug of abuse, or a condition of an employee other than one	609
involving the use of a drug of abuse, to the employer of the	610
employee in accordance with division (B) of that section. As used	611
in division (B)(7) of this section, "employee," "employer," and	612
"physician" have the same meanings as in section 2305.33 of the	613
Revised Code.	614

(C) A member of the clergy, rabbi, priest, or regularly	615
ordained, accredited, or licensed minister of an established and	616
legally cognizable church, denomination, or sect, when the member	617
of the clergy, rabbi, priest, or minister remains accountable to	618
the authority of that church, denomination, or sect, concerning a	619
confession made, or any information confidentially communicated,	620
to the member of the clergy, rabbi, priest, or minister for a	621
religious counseling purpose in the member of the clergy's,	622
rabbi's, priest's, or minister's professional character; however,	623
the member of the clergy, rabbi, priest, or minister may testify	624
by express consent of the person making the communication, except	625
when the disclosure of the information is in violation of a sacred	626
trust;	627

(D) Husband or wife, concerning any communication made by	628
one to the other, or an act done by either in the presence of the	629
other, during coverture, unless the communication was made, or act	630
done, in the known presence or hearing of a third person competent	631
to be a witness; and such rule is the same if the marital relation	632
has ceased to exist;	633

(E) A person who assigns a claim or interest, concerning any	634
matter in respect to which the person would not, if a party, be	635
permitted to testify;	636

(F) A person who, if a party, would be restricted under	637
section 2317.03 of the Revised Code, when the property or thing is	638
sold or transferred by an executor, administrator, guardian,	639
trustee, heir, devisee, or legatee, shall be restricted in the	640
same manner in any action or proceeding concerning the property or	641
thing.	642

(G)(1) A school guidance counselor who holds a valid	643
educator license from the state board of education as provided for	644
in section 3319.22 of the Revised Code, a person licensed under	645
Chapter 4757. of the Revised Code as a professional clinical	646
counselor, professional counselor, social worker, or independent	647
social worker, marriage and family therapist or independent	648
marriage and family therapist, or registered under Chapter 4757.	649
of the Revised Code as a social work assistant concerning a	650
confidential communication received from a client in that relation	651
or the person's advice to a client unless any of the following	652
applies:	653

(a) The communication or advice indicates clear and present	654
danger to the client or other persons. For the purposes of this	655
division, cases in which there are indications of present or past	656
child abuse or neglect of the client constitute a clear and	657
present danger.	658

(b) The client gives express consent to the testimony.

659

(c) If the client is deceased, the surviving spouse or the	660
executor or administrator of the estate of the deceased client	661
gives express consent.	662

(d) The client voluntarily testifies, in which case the	663
school guidance counselor or person licensed or registered under	664
Chapter 4757. of the Revised Code may be compelled to testify on	665
the same subject.	666

(e) The court in camera determines that the information	667
communicated by the client is not germane to the counselor-client,	668
marriage and family therapist-client, or social worker-client	669
relationship.	670

(f) A court, in an action brought against a school, its	671
administration, or any of its personnel by the client, rules after	672
an in-camera inspection that the testimony of the school guidance	673
counselor is relevant to that action.	674

(g) The testimony is sought in a civil action and concerns	675
court-ordered treatment or services received by a patient as part	676
of a case plan journalized under section 2151.412 of the Revised	677
Code or the court-ordered treatment or services are necessary or	678
relevant to dependency, neglect, or abuse or temporary or	679
permanent custody proceedings under Chapter 2151. of the Revised	680
Code.	681

(2) Nothing in division (G)(1) of this section shall relieve	682
a school guidance counselor or a person licensed or registered	683
under Chapter 4757. of the Revised Code from the requirement to	684
report information concerning child abuse or neglect under section	685
2151.421 of the Revised Code.	686

(H) A mediator acting under a mediation order issued under	687
division (A) of section 3109.052 of the Revised Code or otherwise	688
issued in any proceeding for divorce, dissolution, legal	689
separation, annulment, or the allocation of parental rights and	690
responsibilities for the care of children, in any action or	691
proceeding, other than a criminal, delinquency, child abuse, child	692
neglect, or dependent child action or proceeding, that is brought	693
by or against either parent who takes part in mediation in	694
accordance with the order and that pertains to the mediation	695
process, to any information discussed or presented in the	696
mediation process, to the allocation of parental rights and	697
responsibilities for the care of the parents' children, or to the	698
awarding of parenting time rights in relation to their children;	699

(I) A communications assistant, acting within the scope of	700
the communication assistant's authority, when providing	701
telecommunications relay service pursuant to section 4931.35 of	702
the Revised Code or Title II of the "Communications Act of 1934,"	703
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	704
made through a telecommunications relay service. Nothing in this	705
section shall limit the obligation of a communications assistant	706
to divulge information or testify when mandated by federal law or	707
regulation or pursuant to subpoena in a criminal proceeding.	708

Nothing in this section shall limit any immunity or privilege	709
granted under federal law or regulation.	710

(J)(1) A chiropractor in a civil proceeding concerning a	711
communication made to the chiropractor by a patient in that	712
relation or the chiropractor's advice to a patient, except as	713
otherwise provided in this division. The testimonial privilege	714
established under this division does not apply, and a chiropractor	715
may testify or may be compelled to testify, in any civil action,	716
in accordance with the discovery provisions of the Rules of Civil	717
Procedure in connection with a civil action, or in connection with	718
a claim under Chapter 4123. of the Revised Code, under any of the	719
following circumstances:	720

(a) If the patient or the guardian or other legal	721
representative of the patient gives express consent.	722

(b) If the patient is deceased, the spouse of the patient or	723
the executor or administrator of the patient's estate gives	724
express consent.	725

(c) If a medical claim, dental claim, chiropractic claim, or	726
optometric claim, as defined in section 2305.11 of the Revised	727
Code, an action for wrongful death, any other type of civil	728
action, or a claim under Chapter 4123. of the Revised Code is	729
filed by the patient, the personal representative of the estate of	730
the patient if deceased, or the patient's guardian or other legal	731
representative.	732

(2) If the testimonial privilege described in division	733
(J)(1) of this section does not apply as provided in division	734
(J)(1)(c) of this section, a chiropractor may be compelled to	735
testify or to submit to discovery under the Rules of Civil	736
Procedure only as to a communication made to the chiropractor by	737
the patient in question in that relation, or the chiropractor's	738
advice to the patient in question, that related causally or	739
historically to physical or mental injuries that are relevant to	740
issues in the medical claim, dental claim, chiropractic claim, or	741
optometric claim, action for wrongful death, other civil action,	742
or claim under Chapter 4123. of the Revised Code.	743

(3) The testimonial privilege established under this	744
division does not apply, and a chiropractor may testify or be	745
compelled to testify, in any criminal action or administrative	746
proceeding.	747

(4) As used in this division, "communication" means	748
acquiring, recording, or transmitting any information, in any	749
manner, concerning any facts, opinions, or statements necessary to	750
enable a chiropractor to diagnosisdiagnose, treat, or act for a	751
patient. A communication may include, but is not limited to, any	752
chiropractic, office, or hospital communication such as a record,	753
chart, letter, memorandum, laboratory test and results, x-ray,	754
photograph, financial statement, diagnosis, or prognosis.	755

Sec. 4757.01.  As used in this chapter:

756

(A) "Practice of professional counseling" means rendering or	757
offering to render to individuals, groups, organizations, or the	758
general public a counseling service involving the application of	759
clinical counseling principles, methods, or procedures to assist	760
individuals in achieving more effective personal, social,	761
educational, or career development and adjustment, including the	762
diagnosis and treatment of mental and emotional disorders.	763

(B) "Clinical counseling principles, methods, or procedures"	764
means an approach to counseling that emphasizes the counselor's	765
role in systematically assisting clients through all of the	766
following: assessing and analyzing background and current	767
information, diagnosing mental and emotional disorders, exploring	768
possible solutions, and developing and providing a treatment plan	769
for mental and emotional adjustment or development. "Clinical	770
counseling principles, methods, or procedures" includes at least	771
counseling, appraisal, consulting, and referral.	772

(C) "Practice of social work" means the application of	773
specialized knowledge of human development and behavior and	774
social, economic, and cultural systems in directly assisting	775
individuals, families, and groups in a clinical setting to improve	776
or restore their capacity for social functioning, including	777
counseling, the use of psychosocial interventions, and the use of	778
social psychotherapy, which includes the diagnosis and treatment	779
of mental and emotional disorders.	780

(D) "Accredited educational institution" means an institution	781
accredited by ana national or regional accrediting agency	782
accepted by the board of regents.	783

(E) "Scope of practice" means the services, methods, and	784
techniques in which and the areas for which a person licensed or	785
registered under this chapter is trained and qualified.	786

(F) "Mental and emotional disorders" means those disorders	787
that are classified in accepted nosologies such as the	788
international classification of diseases and the diagnostic and	789
statistical manual of mental disorders and in future editions of	790
those nosologies.	791

(G)"Marriage and family therapy" means the evaluation,	792
assessment, counseling, management and treatment of emotional	793
disorders, whether cognitive, affective, or behavioral, within the	794
context of marriage and family systems, through the professional	795
application of marriage and family therapies and techniques.	796

(H) "Practice of marriage and family therapy" means the	797
treatment, evaluation, assessment counseling, and management, of	798
emotional disorders, whether cognitive, affective or behavioral,	799
within the context of marriage and family systems, to individuals,	800
couples, and families, singly or in groups, whether those services	801
are offered directly to the general public or through public or	802
private organizations, for a fee, salary or other consideration	803
through the professional application of marriage and family	804
theories, therapies, and techniques, including, but not limited to	805
psychotherapeutic theories, therapies and techniques that marriage	806
and family therapists are educated and trained to perform. The	807
practice of marriage and family therapy does not mean any of the	808
following:	809

(1) The treatment of biologically based psychiatric	810
conditions without consultation with an appropriate medical doctor	811
or psychiatrist;	812

(2) The use of psychotherapeutic techniques that are	813
exclusive to the scope of practice of a licensed psychologist or	814
psychiatrist;	815

(3) Any act that marriage and family therapists are not	816
educated to perform.	817

Sec. 4757.02.  (A) Except as provided in division (C) of	818
this section and section 4757.41 of the Revised Code:	819

(1) No person shall engage in or hold herself or himself out	820
asclaim to the public to be engaging in the practice of	821
professional counseling for a fee, salary, or other consideration	822
unless the person is currently licensed under this chapter as a	823
professional clinical counselor or professional counselor.	824

(2) No person shall practice or hold herself or himself out	825
asclaim to the public to be practicing social work for a fee,	826
salary, or other consideration unless the person is currently	827
licensed under this chapter as an independent social worker or a	828
social worker.	829

(3) No person shall hold herself or himself out asclaim to	830
the public to be a social work assistant unless the person is	831
currently registered under this chapter as a social work	832
assistant.	833

(4) No person shall engage in the practice of marriage and	834
family therapy or claim to the public to be engaging in the	835
practice of marriage and family therapy unless the person is	836
currently licensed under this chapter as a marriage and family	837
therapist.	838

(B)(1) No person shall use the title "professional clinical	839
counselor," "professional counselor," or any other title or	840
description incorporating the word "counselor" or any initials	841
used to identify persons acting in those capacities unless	842
currently authorized under this chapter by licensure to act in the	843
capacity indicated by the title or initials.	844

(2) No person shall use the title "social worker,"	845
"independent social worker," "social work assistant," or any other	846
title or description incorporating the words "social worker" or	847
any initials used to identify persons acting in those capacities	848
unless the person is currently authorized by licensure or	849
registration under this chapter to act in the capacity indicated	850
by the title or initials.	851

(3) No person shall use the title "marriage and family	852
therapist" or any initials used to identify persons acting in that	853
capacity unless the person is currently authorized by licensure	854
under this chapter to act in the capacity indicated by the title	855
or initials.	856

(C)(1) Divisions (A)(1) to (3) of this section do not apply	857
to the practice of marriage and family therapy by a person holding	858
a valid license or temporary license as a marriage and family	859
therapist or independent marriage and family therapist under this	860
chapter.	861

(2) Division (A)(4) of this section does not apply to the	862
following persons licensed or registered under this chapter:	863
professional clinical counselors, professional counselors,	864
independent social workers, social workers, and social work	865
assistants.	866

Sec. 4757.03.  There is hereby created the counselor and,	867
social worker,and marriage and family therapist board, consisting	868
of elevenfifteen members. The governor shall appoint the members	869
with the advice and consent of the senate.	870

Four of the members shall be individuals licensed under this	871
chapter as professional clinical counselors or professional	872
counselors. At all times, the counselor membership shall include	873
at least two licensed professional clinical counselors, at least	874
one individual who has received a doctoral degree in counseling	875
from an accredited educational institution recognized by the board	876
and holds a graduate level teaching position in a counselor	877
education program, and at least two individuals who have received	878
at least a master's degree in counseling from an accredited	879
educational institution recognized by the board.	880

Two of the members shall be individuals licensed under this	881
chapter as independent marriage and family therapists and two	882
shall be individuals licensed under this chapter as marriage and	883
family therapists or, if the board has not yet licensed	884
independent marriage and family therapists or marriage and family	885
therapists, eligible for licensure as independent marriage and	886
family therapists or marriage and family therapists. They shall	887
have, during the five years preceding appointment, actively	888
engaged in the practice of marriage and family therapy, in	889
educating and training master's, doctoral, or postdoctoral	890
students of marriage and family therapy, or in marriage and family	891
therapy research and, during the two years immediately preceding	892
appointment, shall have devoted the majority of their professional	893
time to the activity while residing in this state.	894

Two members shall be individuals licensed under this chapter	895
as independent social workers. Two members shall be individuals	896
licensed under this chapter as social workers, at least one of	897
whom must hold a bachelor's or master's degree in social work from	898
an accredited educational institution recognized by the board. At	899
all times, the social worker membership shall include one educator	900
who holds a teaching position in a baccalaureate or master's	901
degree social work program at an accredited educational	902
institution recognized by the board.	903

Three members shall be representatives of the general public	904
who have not practiced professional counseling,marriage and	905
family therapy, or social work and have not been involved in the	906
delivery of professional counseling,marriage and family therapy,	907
or social work services. At least one of the members representing	908
the general public shall be at least sixty years of age. During	909
their terms the public members shall not practice professional	910
counseling,marriage and family therapy, or social work or be	911
involved in the delivery of professional counseling,marriage and	912
family therapy, or social work services.	913

Not more than sixeight members of the board may be members	914
of the same political party or sex. At least one member of the	915
board shall be of African, Native American, Hispanic, or Asian	916
descent.	917

Of the initial appointees, three shall be appointed for terms	918
ending October 10, 1985, four shall be appointed for terms ending	919
October 10, 1986, and four shall be appointed for terms ending	920
October 10, 1987. Of the two initial independent marriage and	921
family therapists appointed to the board, one shall be appointed	922
for a term ending two years after the effective date of this	923
amendment and one for a term ending three years after that date.	924
Of the two initial marriage and family therapists appointed to the	925
board, one shall be appointed for a term ending two years after	926
the effective date of this amendment and one for a term ending	927
three years after that date. After the initial appointments,	928
terms of office shall be three years, each term ending on the same	929
day of the same month of the year as did the term that it	930
succeeds.	931

A member shall hold office from the date of appointment until	932
the end of the term for which the member was appointed. A member	933
appointed to fill a vacancy occurring prior to the expiration of	934
the term for which the member's predecessor was appointed shall	935
hold office for the remainder of that term. A member shall	936
continue in office after the expiration date of the member's term	937
until a successor takes office or until a period of sixty days has	938
elapsed, whichever occurs first. Members may be reappointed,	939
except that if a person has held office for two consecutive full	940
terms, the person shall not be reappointed to the board sooner	941
than one year after the expiration of the second full term as a	942
member of the board.	943

Sec. 4757.04.  Within the counselor and, social worker,and	944
marriage and family therapist board, there is hereby created the	945
counselors professional standards committee and, the social	946
workers professional standards committee,and the marriage and	947
family therapist professional standards committee.	948

The counselors professional standards committee consists of	949
the board's professional clinical counselor and professional	950
counselor members and one of the members representing the public.	951
The committee has full authority to act on behalf of the board on	952
all matters concerning professional clinical counselors and	953
professional counselors.	954

The social workers professional standards committee consists	955
of the board's independent social worker and social worker members	956
and one of the members representing the public who is not the	957
member representing the public on the counselors professional	958
standards committee. The committee has full authority to act on	959
behalf of the board on all matters concerning independent social	960
workers, social workers, and social work assistants.	961

The marriage and family therapist professional standards	962
committee consists of the board's marriage and family therapists	963
and one of the members representing the public who is not the	964
member representing the public on the counselors professional	965
standards committee or the social workers professional standards	966
committee.	967

Sec. 4757.05.  (A) The counselor and, social worker,and	968
marriage and family therapist board shall meet as a whole to	969
discuss and review issues regarding personnel, budgetary matters,	970
administration, and any other matter pertaining to the operation	971
of the entire board. The board shall hold at least one regular	972
meeting every three months. Additional meetings may be held at	973
such times as the board determines, upon call of the chairperson,	974
or upon the written request of threefour or more members of the	975
board to the executive director. If threefour or more members so	976
request a meeting, the executive director shall call a meeting to	977
commence in not more than seven days. SixEight members of the	978
board constitute a quorum to conduct business. Except as provided	979
in section 4757.39 of the Revised Code, no action shall be taken	980
without the concurrence of at least a quorum.	981

The counselors professional standards committee and, the	982
social workers professional standards committee,and the marriage	983
and family therapist professional standards committee shall meet	984
as necessary to fulfill their duties established by this chapter	985
and the rules adopted under it. Three members of a committee	986
constitute a quorum for that committee to conduct business. No	987
action shall be taken without the concurrence of at least a	988
quorum.	989

(B) At its first meeting each year, the board shall elect a	990
chairperson from among its members. At the first meeting held	991
each year by the board's professional standards committees, each	992
committee shall elect from among its members a chairperson. The	993
chairpersons of the committees shall serve as co-vice-chairpersons	994
of the board. Neither the board nor either of its committees	995
shall elect a member to serve more than two consecutive terms in	996
the same office.	997

(C) The board shall employ an executive director. The board	998
may employ and prescribe the powers and duties of such employees	999
and consultants as are necessary for it and its professional	1000
standards committees to carry out this chapter and rules adopted	1001
under it.	1002

(D) The members of the board shall receive an amount fixed	1003
under division (J) of section 124.15 of the Revised Code for each	1004
day employed in the discharge of their official duties as board or	1005
committee members and shall be reimbursed for their necessary and	1006
actual expenses incurred in the performance of their official	1007
duties.	1008

(E) The board and each of its professional standards	1009
committees shall keep any records and minutes necessary to fulfill	1010
the duties established by this chapter and the rules adopted under	1011
it.	1012

Sec. 4757.06.  The counselor and, social worker,and marriage	1013
and family therapist board shall adopt a seal to authenticate its	1014
records and proceedings. Each of the board's professional	1015
standards committees shall use the seal to authenticate its	1016
records and proceedings.	1017

A statement, signed by the executive director of the board to	1018
which is affixed the official seal of the board, to the effect	1019
that a person specified in the statement is not currently licensed	1020
or registered under this chapter or that a license or certificate	1021
of registration has been revoked or suspended, shall be received	1022
as prima-facie evidence of a record of the board in any court or	1023
before any officer of the state.	1024

Sec. 4757.07.  The counselor and, social worker, and marriage	1025
and family therapist board and its professional standards	1026
committees shall not discriminate against any licensee,	1027
registrant, or applicant for a license or certificate of	1028
registration under this chapter because of the person's race,	1029
color, religion, sex, national origin, disability as defined in	1030
section 4112.01 of the Revised Code, or age. The board or	1031
committee, as appropriate, shall afford a hearing to any person	1032
who files with the board or committee a statement alleging	1033
discrimination based on any of those reasons.	1034

Sec. 4757.10.  The counselor and, social worker,and marriage	1035
and family therapist board may adopt any rules necessary to carry	1036
out this chapter. The	1037

The board shall adopt rules concerningthat do all of the	1038
following:	1039

(A) Concern intervention for and treatment of any impaired	1040
person holding a license or certificate of registration issued	1041
under this chapter;	1042

(B) Establish standards for training and experience of	1043
supervisors described in division (C) of section 4757.30 of the	1044
Revised Code;	1045

(C) Define the requirement that an applicant be of good	1046
moral character in order to be licensed or registered under this	1047
chapter. All	1048

All rules adopted under this section shall be adopted in	1049
accordance with Chapter 119. of the Revised Code. When it adopts	1050
rules under this section or any other section of this chapter, the	1051
board may consider standards established by any national	1052
association or other organization representing the interests of	1053
those involved in professional counseling or, social work,or	1054
marriage and family therapy. The board shall adopt a rule defining	1055
the requirement that an applicant be of good moral character in	1056
order to be licensed or registered under this chapter.	1057

Sec. 4757.11.  The counselor and, social worker,and marriage	1058
and family therapist board shall establish a code of ethical	1059
practice for persons licensed under this chapter as professional	1060
clinical counselors or professional counselors. The board shall	1061
establish a code of ethical practice for persons licensed under	1062
this chapter as independent social workers or social workers and,	1063
persons registered under this chapter as social work assistants,	1064
and persons licensed as independent marriage and family therapists	1065
or marriage and family therapists. The codes of ethical practice	1066
shall be established by adopting rules in accordance with Chapter	1067
119. of the Revised Code. The codes of ethical practice shall	1068
define unprofessional conduct, which shall include engaging in a	1069
dual relationship with a client or former client, committing an	1070
act of sexual abuse, misconduct, or exploitation of a client or	1071
former client, and, except as permitted by law, violating client	1072
confidentiality. The codes of ethical practice may be based on	1073
any codes of ethical practice developed by national organizations	1074
representing the interests of those involved in professional	1075
counseling or, social work, or marriage and family therapy. The	1076
board may establish standards in its codes of ethical practice	1077
that are more stringent than those established by national	1078
organizations.	1079

Sec. 4757.12.  (A) A person who is licensed or registered	1080
under this chapter, and a person or agency that employs a person	1081
licensed or registered under this chapter, may charge a client or	1082
receive remuneration for professional counseling or, social work,	1083
or marriage and family therapy services only if one of the	1084
following applyapplies:	1085

(1) Prior to the performance of services, the client is	1086
furnished a copy of a professional disclosure statement containing	1087
the information described in division (B) of this section;	1088

(2) A professional disclosure statement containing the	1089
information described in division (B) of this section is displayed	1090
in a conspicuous location at the place where the services are	1091
performed and a copy of the statement is provided to the client	1092
upon request.	1093

(B) The professional disclosure statement required by	1094
division (A) of this section shall contain the following:	1095

(1) The name, title, business address, and business	1096
telephone number of the professional clinical counselor,	1097
professional counselor, social work assistant, social worker, or	1098
independent social worker,independent marriage and family	1099
therapist, or marriage and family therapist performing the	1100
services;	1101

(2) The formal professional education of the person	1102
performing the services, including the institutions the person	1103
attended, the dates attended, and the degrees received from them;	1104

(3) The areas of competence in the field in which the person	1105
is licensed or registered and the services the person provides;	1106

(4) In the case of a person who is engaged in a private	1107
individual practice, partnership, or group practice, the person's	1108
fee schedule, listed by type of service or hourly rate;	1109

(5) At the bottom of the first page of the disclosure	1110
statement, the words, "thisThis information is required by the	1111
counselor and, social worker,and marriage and family therapist	1112
board, which regulates the practices of professional counseling	1113
and, social work,and marriage and family therapy in this state."	1114
and, immediately beneath those words, the name, address, and	1115
telephone number of the board.	1116

Sec. 4757.15.  The counselor and, social worker,and marriage	1117
and family therapist board shall prepare, cause to be prepared, or	1118
procure the use of, and grade, have graded, or procure the grading	1119
of, examinations to determine the competence of applicants for	1120
licensure under this chapter. The board may administer separate	1121
examinations to reflect differences in educational degrees earned	1122
by applicants. The board may develop the examinations or use	1123
examinations prepared by state or national organizations that	1124
represent the interests of those involved in professional	1125
counseling or, social work,or marriage and family therapy. The	1126
board shall conduct examinations at least twice each year and	1127
shall determine the level of competence necessary for a passing	1128
score.	1129

Sec. 4757.16.  (A) A person seeking to be licensed under	1130
this chapter as a professional clinical counselor or professional	1131
counselor shall file with the counselors professional standards	1132
committee of the counselor and, social worker,and marriage and	1133
family therapist board a written application on a form prescribed	1134
by the board. A person seeking to be licensed under this chapter	1135
as an independent social worker or social worker or registered	1136
under this chapter as a social work assistant shall file with the	1137
social workers professional standards committee of the board a	1138
written application on a form prescribed by the board. EachA	1139
person seeking to be licensed under this chapter as an independent	1140
marriage and family therapist or a marriage and family therapist	1141
shall file with the marriage and family therapist professional	1142
standards committee of the board a written application on a form	1143
prescribed by the board.	1144

Each form prescribed by the board shall contain a statement	1145
informing the applicant that a person who knowingly makes a false	1146
statement on the form is guilty of falsification under section	1147
2921.13 of the Revised Code, a misdemeanor of the first degree.	1148

(B) The professional standards committees shall review each	1149
application received and shall determine whether the applicant	1150
meets the requirements to receive the license or certificate of	1151
registration for which application has been made.	1152

Sec. 4757.17.  The professional standards committees of the	1153
counselor and, social worker,and marriage and family therapist	1154
board shall review the applications of applicants for licensure or	1155
registration under this chapter who have received a post-secondary	1156
degree from an educational institution outside the United States.	1157
The committee reviewing the application shall determine whether	1158
the applicant's experience, command of the English language, and	1159
completed academic program meet the standards of an academic	1160
program of an accredited educational institution. If they do, the	1161
applicant shall be considered to have received the education from	1162
an accredited educational institution as required by this chapter	1163
and rules adopted under it.	1164

Sec. 4757.18.  The counselor and, social worker,and marriage	1165
and family therapist board may enter into a reciprocal agreement	1166
with any state that regulates individuals practicing in the same	1167
capacities as those regulated under this chapter if the board	1168
finds that the state has requirements substantially equivalent to	1169
the requirements this state has for receipt of a license or	1170
certificate of registration under this chapter. In a reciprocal	1171
agreement, the board agrees to issue the appropriate license or	1172
certificate of registration to any resident of the other state	1173
whose practice is currently authorized by that state if that	1174
state's regulatory body agrees to authorize the appropriate	1175
practice of any resident of this state who holds a valid license	1176
or certificate of registration issued under this chapter.	1177

The professional standards committees of the board may, by	1178
endorsement, issue the appropriate license or certificate of	1179
registration to a resident of a state with which the board does	1180
not have a reciprocal agreement, if the person submits proof	1181
satisfactory to the committee of currently being licensed,	1182
certified, registered, or otherwise authorized to practice by that	1183
state.	1184

Sec. 4757.19.  On receipt of a notice pursuant to section	1185
3123.43 of the Revised Code, the counselor and, social worker, and	1186
marriage and family therapist board shall comply with sections	1187
3123.41 to 3123.50 of the Revised Code and any applicable rules	1188
adopted under section 3123.63 of the Revised Code with respect to	1189
a license issued pursuant to this chapter.	1190

Sec. 4757.22.  (A) The counselors professional standards	1191
committee of the counselor and, social worker,and marriage and	1192
family therapist board shall issue a license to practice as a	1193
professional clinical counselor to each applicant who submits a	1194
properly completed application, pays the fee established under	1195
section 4757.31 of the Revised Code, and meets the requirements	1196
specified in division (B) of this section.	1197

(B) To be eligible for a professional clinical counselor	1198
license, an individual must meet the following requirements:	1199

(1) The individual must be of good moral character.

1200

(2) The individual must hold from an accredited educational	1201
institution a graduate degree in counseling.	1202

(3) The individual must complete a minimum of ninety quarter	1203
hours of graduate credit in counselor training acceptable to the	1204
committee, including a minimum of thirty quarter hours of	1205
instruction in the following areas:	1206

(a) Clinical psychopathology, personality, and abnormal	1207
behavior;	1208

(b) Evaluation of mental and emotional disorders;

1209

(c) Diagnosis of mental and emotional disorders;

1210

(d) Methods of prevention, intervention, and treatment of	1211
mental and emotional disorders.	1212

(4) The individual must complete, in either a private or	1213
clinical counseling setting, supervised experience in counseling	1214
that is of a type approved by the committee, is supervised by a	1215
professional clinical counselor or other qualified professional	1216
approved by the committee, and is in the following amounts:	1217

(a) In the case of an individual holding only a master's	1218
degree, not less than two years of experience, which must be	1219
completed after the award of the master's degree;	1220

(b) In the case of an individual holding a doctorate, not	1221
less than one year of experience, which must be completed after	1222
the award of the doctorate.	1223

(5) The individual must pass a field evaluation that meets	1224
the following requirements:	1225

(a) Has been completed by the applicant's instructors,	1226
employers, supervisors, or other persons determined by the	1227
committee to be competent to evaluate an individual's professional	1228
competence;	1229

(b) Includes documented evidence of the quality, scope, and	1230
nature of the applicant's experience and competence in diagnosing	1231
and treating mental and emotional disorders.	1232

(6) The individual must pass an examination administered by	1233
the board for the purpose of determining ability to practice as a	1234
professional clinical counselor.	1235

(C) To be accepted by the committee for purposes of division	1236
(B) of this section, counselor training must include at least the	1237
following:	1238

(1) Instruction in human growth and development; counseling	1239
theory; counseling techniques; group dynamics, processing, and	1240
counseling; appraisal of individuals; research and evaluation;	1241
professional, legal, and ethical responsibilities; social and	1242
cultural foundations; and lifestyle and career development;	1243

(2) Participation in a supervised practicum and internship	1244
in counseling.	1245

(D) The committee may issue a provisional license to an	1246
applicant who meets all of the requirements to be licensed under	1247
this section, pending the receipt of transcripts or action by the	1248
committee to issue a license to practice as a professional	1249
clinical counselor.	1250

(E) An individual may not sit for the licensing examination	1251
unless the individual meets the educational requirements to be	1252
licensed under this section. An individual who is denied	1253
admission to the licensing examination may appeal the denial in	1254
accordance with Chapter 119. of the Revised Code.	1255

(F) The board shall adopt any rules necessary for the	1256
committee to implement this section, including criteria for the	1257
committee to use in determining whether an applicant's training	1258
should be accepted and supervised experience approved. Rules	1259
adopted under this division shall be adopted in accordance with	1260
Chapter 119. of the Revised Code.	1261

Sec. 4757.23.  (A) The counselors professional standards	1262
committee of the counselor and, social worker,and marriage and	1263
family therapist board shall issue a license as a professional	1264
counselor to each applicant who submits a properly completed	1265
application, pays the fee established under section 4757.31 of the	1266
Revised Code, and meets the requirements established under	1267
division (B) of this section.	1268

(B) To be eligible for a license as a professional	1269
counselor, an individual must meet the following requirements:	1270

(1) The individual must be of good moral character.

1271

(2) The individual must hold from an accredited educational	1272
institution a graduate degree in counseling.	1273

(3) The individual must complete a minimum of ninety quarter	1274
hours of graduate credit in counselor training acceptable to the	1275
committee, which the individual may complete while working toward	1276
receiving a graduate degree in counseling or subsequent to	1277
receiving the degree.	1278

(4) The individual must pass an examination administered by	1279
the board for the purpose of determining ability to practice as a	1280
professional counselor.	1281

(C) To be accepted by the committee for purposes of division	1282
(B) of this section, counselor training must include at least the	1283
following:	1284

(1) Instruction in human growth and development; counseling	1285
theory; counseling techniques; group dynamics, processing, and	1286
counseling; appraisal of individuals; research and evaluation;	1287
professional, legal, and ethical responsibilities; social and	1288
cultural foundations; and lifestyle and career development;	1289

(2) Participation in a supervised practicum and internship	1290
in counseling.	1291

(D) The committee may issue a provisional license to an	1292
applicant who meets all of the requirements to be licensed under	1293
this section, pending the receipt of transcripts or action by the	1294
committee to issue a license as a professional counselor.	1295

(E) An individual may not sit for the licensing examination	1296
unless the individual meets the educational requirements to be	1297
licensed under this section. An individual who is denied	1298
admission to the licensing examination may appeal the denial in	1299
accordance with Chapter 119. of the Revised Code.	1300

(F) The board shall adopt any rules necessary for the	1301
committee to implement this section, including criteria for the	1302
committee to use in determining whether an applicant's training	1303
should be accepted. Rules adopted under this division shall be	1304
adopted in accordance with Chapter 119. of the Revised Code.	1305

Sec. 4757.27.  (A) The social workers professional standards	1306
committee of the counselor and, social worker,and marriage and	1307
family therapist board shall issue a license as an independent	1308
social worker to each applicant who submits a properly completed	1309
application, pays the fee established under section 4757.31 of the	1310
Revised Code, and meets the requirements specified in division (B)	1311
of this section. An independent social worker license shall	1312
clearly indicate each academic degree earned by the person to whom	1313
it has been issued.	1314

(B) To be eligible for a license as an independent social	1315
worker, an individual must meet the following requirements:	1316

(1) The individual must be of good moral character.

1317

(2) The individual must hold from an accredited educational	1318
institution a master's degree or a doctorate in social work.	1319

(3) The individual must complete at least two years of	1320
post-master's degree social work experience supervised by an	1321
independent social worker.	1322

(4) The individual must pass an examination administered by	1323
the board for the purpose of determining ability to practice as an	1324
independent social worker.	1325

(C) The committee may issue a temporary license to an	1326
applicant who meets all of the requirements to be licensed under	1327
this section, pending the receipt of transcripts or action by the	1328
committee to issue a license as an independent social worker.	1329

(D) The board shall adopt any rules necessary for the	1330
committee to implement this section, including criteria for the	1331
committee to use in determining whether an applicant's training	1332
should be accepted and supervised experience approved. Rules	1333
adopted under this division shall be adopted in accordance with	1334
Chapter 119. of the Revised Code.	1335

Sec. 4757.28.  (A) The social workers professional standards	1336
committee of the counselor and, social worker,and marriage and	1337
family therapist board shall issue a license as a social worker to	1338
each applicant who submits a properly completed application, pays	1339
the fee established under section 4757.31 of the Revised Code, and	1340
meets the requirements specified in division (B) of this section.	1341
A social worker license shall clearly indicate each academic	1342
degree earned by the person to whom it is issued.	1343

(B) To be eligible for a license as a social worker, an	1344
individual must meet the following requirements:	1345

(1) The individual must be of good moral character.

1346

(2) The individual must hold from an accredited educational	1347
institution one of the following:	1348

(a) A baccalaureate degree in social work or, prior to	1349
October 10, 1992, a baccalaureate degree in a program closely	1350
related to social work and approved by the committee;	1351

(b) A master's degree in social work;

1352

(c) A doctorate in social work.

1353

(3) The individual must pass an examination administered by	1354
the board for the purpose of determining ability to practice as a	1355
social worker.	1356

(C) The committee may issue a temporary license to an	1357
applicant who meets all of the requirements to be licensed under	1358
this section, pending the receipt of transcripts or action by the	1359
committee to issue a license as a social worker. However, the	1360
committee may issue a temporary license to an applicant who	1361
provides the board with a statement from the applicant's academic	1362
institution indicating that the applicant is in good standing with	1363
the institution, that the applicant has met the academic	1364
requirements for the applicant's degree, and the date the	1365
applicant will receive the applicant's degree.	1366

(D) The board shall adopt any rules necessary for the	1367
committee to implement this section, including criteria for the	1368
committee to use in determining whether an applicant's training	1369
should be accepted and supervised experience approved. Rules	1370
adopted under this division shall be adopted in accordance with	1371
Chapter 119. of the Revised Code.	1372

Sec. 4757.29.  (A) The social workers professional standards	1373
committee of the counselor and, social worker,and marriage and	1374
family therapist board shall issue a certificate of registration	1375
as a social work assistant to each applicant who submits a	1376
properly completed application, pays the fee established under	1377
section 4757.31 of the Revised Code, is of good moral character,	1378
and holds from an accredited educational institution an associate	1379
degree in social service technology or a bachelor's degree that is	1380
equivalent to an associate degree in social service technology or	1381
a related bachelor's or higher degree that is approved by the	1382
committee.	1383

(B) On and after the effective date of this sectionMarch	1384
18, 1997, a counselor assistant certificate of registration issued	1385
under former section 4757.08 of the Revised Code shall be	1386
considered a certificate of registration as a social work	1387
assistant. The holder of the certificate is subject to the	1388
supervision requirements specified in section 4757.26 of the	1389
Revised Code, the continuing education requirements specified in	1390
section 4757.33 of the Revised Code, and regulation by the social	1391
workers professional standards committee. On the first renewal	1392
occurring after the effective date of this sectionMarch18, 1997,	1393
the committee shall issue a certificate of registration as a	1394
social work assistant to each former counselor assistant who	1395
qualifies for renewal.	1396

(C) The social workers professional standards committee	1397
shall issue a certificate of registration as a social work	1398
assistant to any person who, on or before one year after the	1399
effective date of this sectionMarch18, 1998, meets the	1400
requirements for a certificate of registration as a counselor	1401
assistant pursuant to division (A)(3) of former section 4757.08 of	1402
the Revised Code, submits a properly completed application, pays	1403
the fee established under section 4757.31 of the Revised Code, and	1404
is of good moral character.	1405

Sec. 4757.30.  (A) The counselor, social worker, and	1406
marriage and family therapist board shall, after reviewing the	1407
report submitted to it by the marriage and family therapist	1408
professional standards committee, issue a license as a marriage	1409
and family therapist to a person who has done all of the	1410
following:	1411

(1) Properly completed an application for the license;

1412

(2) Paid the required fee established by the board under	1413
section 4757.31 of the Revised Code;	1414

(3) Achieved one of the following:

1415

(a) Received from an educational institution accredited at	1416
the time the degree was granted by a regional accrediting	1417
organization recognized by the board a master's degree or a	1418
doctorate in marriage and family therapy;	1419

(b) Completed a graduate degree that includes a minimum of	1420
ninety quarter hours of graduate level course work in marriage and	1421
family therapy training that is acceptable to the committee;	1422

(4) Passed an examination administered by the board for the	1423
purpose of determining the person's ability to be a marriage and	1424
family therapist;	1425

(5) Completed a practicum that includes at least three	1426
hundred hours of client contact.	1427

(B) To be accepted by the committee for purposes of division	1428
(A)(3)(b) of this section, marriage and family therapist training	1429
must include instruction in at least the following: research,	1430
professional ethics, marriage and family studies, marriage and	1431
family therapy, human development, appraisal of individuals and	1432
families, and systems theory.	1433

(C) The board shall, after reviewing the report submitted	1434
to it by the marriage and family therapist professional standards	1435
committee, issue a license as an independent marriage and family	1436
therapist to a person who meets all of the requirements of	1437
division (A) of this section and, after meeting the requirements	1438
under division (A)(3) of this section, completes at least two	1439
calendar years of work experience in marriage and family therapy,	1440
including one thousand hours of documented client contact in	1441
marriage and family therapy. Two hundred hours of the one	1442
thousand hours must be supervised by a supervisor whose training	1443
and experience meets standards established by the board in rules	1444
adopted under section 4757.10 of the Revised Code and one hundred	1445
hours of the two hundred hours of supervision must be individual	1446
supervision.	1447

(D) The board shall waive the requirements of divisions	1448
(A)(4) and (B) of this section for an applicant seeking licensure	1449
under division (A) or (C) of this section for the two years	1450
immediately following the effective date of this section if the	1451
applicant presents satisfactory evidence of both of the following:	1452

(1) That the applicant engaged in the practice of marriage	1453
and family therapy for a total of not less than five years prior	1454
to the effective date of this section;	1455

(2) That, at the time of application, the applicant is an	1456
associate or clinical member of the American association of	1457
marriage and family therapists.	1458

(E) An independent marriage and family therapist or a	1459
marriage and family therapist may engage in the private practice	1460
of marriage and family therapy as an individual practitioner or as	1461
a member of a partnership or group practice.	1462

(F) A marriage and family therapist may diagnose and treat	1463
mental and emotional disorders only under the supervision of a	1464
psychologist, psychiatrist, professional clinical counselor,	1465
independent social worker, or independent marriage and family	1466
therapist. An independent marriage and family therapist may	1467
diagnose and treat mental and emotional disorders without	1468
supervision.	1469

(G) Nothing in this chapter or rules adopted under it	1470
authorizes an independent marriage and family therapist or a	1471
marriage and family therapist to admit a patient to a hospital or	1472
requires a hospital to allow a marriage and family therapist to	1473
admit a patient.	1474

Sec. 4757.301. On receipt of an application for a license as	1475
a marriage and family therapist, the counselor, social worker, and	1476
marriage and family therapist board may issue a temporary license	1477
to an individual who qualifies under division (A) of section	1478
4757.30 of the Revised Code for licensure as a marriage and family	1479
therapist or divisions (A) and (C) of section 4757.30 of the	1480
Revised Code for licensure as an independent marriage and family	1481
therapist, except that the individual is awaiting the next	1482
opportunity to take an examination required by the board under	1483
that division. The temporary license allows the holder to engage	1484
in the practice of independent marriage and family therapy or	1485
marriage and family therapy as appropriate and is valid from the	1486
date of issuance until the earlier of one year from that date, the	1487
date the applicant withdraws from taking the examination, the date	1488
the applicant is notified that the applicant failed the	1489
examination, or the date the applicant's license is issued under	1490
section 4757.30 of the Revised Code. A temporary license may not	1491
be renewed.	1492

Sec. 4757.31.  (A) Subject to division (B) of this section,	1493
the counselor and, social worker,and marriage and family	1494
therapist board shall establish, and may from time to time adjust,	1495
fees to be charged for the following:	1496

(1) Examination for licensure as a professional clinical	1497
counselor, professional counselor, marriage and family therapist,	1498
independent marriage and family therapist, social worker, or	1499
independent social worker;	1500

(2) Initial licenses of professional clinical counselors,	1501
professional counselors, marriage and family therapists,	1502
independent marriage and family therapists, social workers, and	1503
independent social workers, except that the board shall charge	1504
only one fee to a person who fulfills all requirements for both	1505
more than one of the following initial licenses: an initial	1506
license as a social worker or independent social worker and, an	1507
initial license as a professional counselor or professional	1508
clinical counselor,and an initial license as a marriage and	1509
family therapist or independent marriage and family therapist;	1510

(3) Initial certificates of registration of social work	1511
assistants;	1512

(4) Renewal of licenses of professional clinical counselors,	1513
professional counselors, marriage and family therapists,	1514
independent marriage and family therapists, social workers, and	1515
independent social workers and renewal of certificates of	1516
registration of social work assistants.	1517

(B) The fees charged under division (A)(1) of this section	1518
shall be established in amounts sufficient to cover the direct	1519
expenses incurred in examining applicants for licensure. The fees	1520
charged under divisions (A)(2), (3), and (4) of this section shall	1521
be nonrefundable and shall be established in amounts sufficient to	1522
cover the necessary expenses in administering this chapter and	1523
rules adopted under it that are not covered by fees charged under	1524
division (A)(1) or (C) of this section. The renewal fee for a	1525
license or certificate of registration shall not be less than the	1526
initial fee for that license or certificate. The fees charged for	1527
licensure and registration and the renewal of licensure and	1528
registration may differ for the various types of licensure and	1529
registration, but shall not exceed seventy-fiveone hundred	1530
twenty-five dollars each, unless the board determines that amounts	1531
in excess of seventy-fiveone hundred twenty-five dollars are	1532
needed to cover its necessary expenses in administering this	1533
chapter and rules adopted under it and the amounts in excess of	1534
seventy-fiveone hundred twenty-five dollars are approved by the	1535
controlling board.	1536

(C) All receipts of the board shall be deposited in the	1537
state treasury to the credit of the occupational licensing and	1538
regulatory fund. All vouchers of the board shall be approved by	1539
the chairperson or executive director of the board, or both, as	1540
authorized by the board.	1541

Sec. 4757.32.  A license or certificate of registration	1542
issued under this chapter expires two years after it is issued and	1543
may be renewed in accordance with the standard renewal procedure	1544
established under Chapter 4745. of the Revised Code.	1545

Subject to section 4757.36 of the Revised Code, the staff of	1546
the appropriate professional standards committee of the counselor	1547
and, social worker,and marriage and family therapist board shall,	1548
on behalf of each committee, issue a renewed license or	1549
certificate of registration to each applicant who has paid the	1550
renewal fee established by the board under section 4757.31 of the	1551
Revised Code and satisfied the continuing education requirements	1552
established by the board under section 4757.33 of the Revised	1553
Code.	1554

A license or certificate of registration that is not renewed	1555
lapses on its expiration date. A license or certificate of	1556
registration that has lapsed may be restored if the individual,	1557
not later than two years after the license or certificate expired,	1558
applies for restoration of the license or certificate. The staff	1559
of the appropriate professional standards committee shall issue a	1560
restored license or certificate of registration to the applicant	1561
if the applicant pays the renewal fee established under section	1562
4757.31 of the Revised Code and satisfies the continuing education	1563
requirements established under section 4757.33 of the Revised Code	1564
for restoring the license or certificate of registration. The	1565
board and its professional standards committees shall not require	1566
a person to take an examination as a condition of having a lapsed	1567
license or certificate of registration restored.	1568

Sec. 4757.33.  (A) Except as provided in division (B) of	1569
this section, each person who holds a license or certificate of	1570
registration issued under this chapter shall complete during the	1571
period that the license or certificate is in effect not less than	1572
thirty clock hours of continuing professional education as a	1573
condition of receiving a renewed license or certificate. To have	1574
a lapsed license or certificate of registration restored, a person	1575
shall complete the number of hours of continuing education	1576
specified by the counselor and, social worker,and marriage and	1577
family therapist board in rules it shall adopt in accordance with	1578
Chapter 119. of the Revised Code.	1579

The professional standards committees of the counselor and,	1580
social worker,and marriage and family therapist board shall adopt	1581
rules in accordance with Chapter 119. of the Revised Code	1582
establishing standards and procedures to be followed by the	1583
committees in conducting the continuing education approval	1584
process.	1585

(B) The board may waive the continuing education	1586
requirements established under this section for persons who are	1587
unable to fulfill them because of military service, illness,	1588
residence abroad, or any other reason the committee considers	1589
acceptable.	1590

In the case of a social worker licensed by virtue of	1591
receiving, prior to October 10, 1992, a baccalaureate degree in a	1592
program closely related to social work, as a condition of the	1593
first renewal of the license, the social worker must complete at	1594
an accredited educational institution a minimum of five semester	1595
hours of social work graduate or undergraduate credit, or their	1596
equivalent, that is acceptable to the committee and includes a	1597
course in social work theory and a course in social work methods.	1598

Sec. 4757.34.  Not later than ninety days after the effective	1599
date of this sectionDecember 9, 1994, the counselor and, social	1600
worker,and marriage and family therapist board shall approve one	1601
or more continuing education courses of study that assist social	1602
workers, independent social workers, social work assistants,	1603
independent marriage and family therapists, marriage and family	1604
therapists, professional clinical counselors, and professional	1605
counselors in recognizing the signs of domestic violence and its	1606
relationship to child abuse. Social workers, independent social	1607
workers, social work assistants, independent marriage and family	1608
therapists, marriage and family therapists, professional clinical	1609
counselors, and professional counselors are not required to take	1610
the courses.	1611

Sec. 4757.36.  (A) The professional standards committees of	1612
the counselor and, social worker,and marriage and family	1613
therapist board, in accordance with Chapter 119. of the Revised	1614
Code, may refuse to issue a license or certificate of registration	1615
applied for under this chapter; refuse to renew a license or	1616
certificate of registration issued under this chapter; suspend,	1617
revoke, or otherwise restrict a license or certificate of	1618
registration issued under this chapter; or reprimand a person	1619
holding a license or certificate of registration issued under this	1620
chapter. Such actions may be taken by the appropriate committee	1621
if the applicant for a license or certificate of registration or	1622
the person holding a license or certificate of registration has:	1623

(1) Committed a violation of any provision of this chapter	1624
or rules adopted under it;	1625

(2) Knowingly made a false statement on an application for	1626
licensure or registration, or for renewal of a license or	1627
certificate of registration;	1628

(3) Accepted a commission or rebate for referring persons to	1629
any professionals licensed, certified, or registered by any court	1630
or board, commission, department, division, or other agency of the	1631
state, including, but not limited to, individuals practicing	1632
counseling or, social work,or marriage and family therapy or	1633
practicing in fields related to counseling or, social work,or	1634
marriage and family therapy;	1635

(4) Failed to comply with section 4757.12 of the Revised	1636
Code;	1637

(5) Been convicted in this or any other state of any crime	1638
that is a felony in this state;	1639

(6) Had the ability to perform properly as a professional	1640
clinical counselor, professional counselor, independent marriage	1641
and family therapist, marriage and family therapist, social work	1642
assistant, social worker, or independent social worker impaired	1643
due to the use of alcohol or other drugs or any other physical or	1644
mental condition;	1645

(7) Been convicted in this state or in any other state of a	1646
misdemeanor committed in the course of practice as a professional	1647
clinical counselor, professional counselor, independent marriage	1648
and family therapist, marriage and family therapist, social work	1649
assistant, social worker, or independent social worker;	1650

(8) Practiced outside the scope of practice applicable to	1651
that person;	1652

(9) Practiced without complying with the supervision	1653
requirements specified under sections 4757.21 and 4757.26,and	1654
division (F) of section4757.30, of the Revised Code;	1655

(10) Violated the person's code of ethical practice adopted	1656
by rule of the board pursuant to section 4757.11 of the Revised	1657
Code;	1658

(11) Had a license or certificate of registration revoked or	1659
suspended, or voluntarily surrendered a license or certificate of	1660
registration in another state or jurisdiction for an offense that	1661
would be a violation of this chapter.	1662

(B) One year or more after the date of suspension or	1663
revocation of a license or certificate of registration under this	1664
section, application may be made to the appropriate professional	1665
standards committee for reinstatement. The committee may accept	1666
or refuse an application for reinstatement. If a license has been	1667
suspended or revoked, the committee may require an examination for	1668
reinstatement.	1669

Sec. 4757.361. (A) As used in this section, with regard to	1670
offenses committed in Ohio, "aggravated murder," "murder,"	1671
"voluntary manslaughter," "felonious assault," "kidnapping,"	1672
"rape," "sexual battery," "gross sexual imposition," "aggravated	1673
arson," "aggravated robbery," and "aggravated burglary" mean such	1674
offenses as defined in Title XXIX of the Revised Code; with regard	1675
to offenses committed in other jurisdictions, the terms mean	1676
offenses comparable to offenses defined in Title XXIX of the	1677
Revised Code.	1678

(B) When there is clear and convincing evidence that	1679
continued practice by an individual licensed under this chapter	1680
presents a danger of immediate and serious harm to the public, as	1681
determined on consideration of the evidence by the professional	1682
standards committees of the counselor, social worker, and marriage	1683
and family therapist board, the appropriate committee shall impose	1684
on the individual a summary suspension without a hearing.	1685

Immediately following the decision to impose a summary	1686
suspension, the appropriate committee shall issue a written order	1687
of suspension and cause it to be delivered by certified mail or in	1688
person in accordance with section 119.07 of the Revised Code. The	1689
order shall not be subject to suspension by the court during the	1690
pendency of any appeal filed under section 119.12 of the Revised	1691
Code. If the individual subject to the suspension requests an	1692
adjudication, the date set for the adjudication shall be within	1693
fifteen days but not earlier than seven days after the individual	1694
makes the request, unless another date is agreed to by both the	1695
individual and the committee imposing the suspension. The summary	1696
suspension shall remain in effect, unless reversed by the	1697
committee, until a final adjudication order issued by the	1698
committee pursuant to this section and Chapter 119. of the Revised	1699
Code becomes effective.	1700

The committee shall issue its final adjudication order within	1701
ninety days after completion of the adjudication. If the committee	1702
does not issue a final order within the ninety-day period, the	1703
summary suspension shall be void, but any final adjudication order	1704
issued subsequent to the ninety-day period shall not be affected.	1705

(C) The license issued to an individual under this chapter	1706
is automatically suspended on that individual's conviction of,	1707
plea of guilty to, or judicial finding with regard to any of the	1708
following: aggravated murder, murder, voluntary manslaughter,	1709
felonious assault, kidnapping, rape, sexual battery, gross sexual	1710
imposition, aggravated arson, aggravated robbery, or aggravated	1711
burglary. The suspension shall remain in effect from the date of	1712
the conviction, plea, or finding until an adjudication is held	1713
under Chapter 119. of the Revised Code. If the appropriate	1714
committee has knowledge that an automatic suspension has occurred,	1715
it shall notify the individual subject to the suspension. If the	1716
individual is notified and either fails to request an adjudication	1717
within the time periods established by Chapter 119. of the Revised	1718
Code or fails to participate in the adjudication, the committee	1719
shall enter a final order permanently revoking the person's	1720
license or certificate.	1721

Sec. 4757.38.  The counselor and, social worker,and marriage	1722
and family therapist board shall investigate alleged violations of	1723
this chapter or the rules adopted under it and alleged	1724
irregularities in the delivery of services related to professional	1725
counseling or, social work,or marriage and family therapy by	1726
persons licensed or registered under this chapter. As part of its	1727
conduct of an investigation, the board may issue subpoenas,	1728
examine witnesses, and administer oaths.	1729

The board may receive any information necessary to conduct an	1730
investigation under this section. If the board is investigating	1731
the provision of services to a couple or group, it is not	1732
necessary for both members of the couple or all members of the	1733
group to consent to the release of information relevant to the	1734
investigation.	1735

The board shall ensure that all records it holds pertaining	1736
to an investigation remain confidential. The board shall adopt	1737
rules establishing procedures to be followed in maintaining the	1738
confidentiality of its investigative records. The rules shall be	1739
adopted in accordance with Chapter 119. of the Revised Code.	1740

Sec. 4757.43.  Nothing in this chapter or the rules adopted	1741
under it shall be construed as authorizing a professional clinical	1742
counselor, professional counselor, independent marriage and family	1743
therapist, marriage and family therapist, independent social	1744
worker, social worker, or social work assistant to admit a patient	1745
to a hospital or as requiring a hospital to allow any of those	1746
individuals to admit a patient.	1747

Sec. 4757.44. For the purposes of section 2305.51 of the	1748
Revised Code, a person who holds a license issued under this	1749
chapter is a mental health professional.	1750

A license holder is not liable in damages in a civil	1751
action, and shall not be subject to disciplinary action by the	1752
counselor, social worker, and marriage and family therapist board,	1753
for disclosing any confidential information about a client that is	1754
disclosed for the purposes of section 2305.51 of the Revised	1755
Code.	1756

Section 2.  That existing sections 125.22, 2151.421, 2317.02,	1757
4757.01, 4757.02, 4757.03, 4757.04, 4757.05, 4757.06, 4757.07,	1758
4757.10, 4757.11, 4757.12, 4757.15, 4757.16, 4757.17, 4757.18,	1759
4757.19, 4757.22, 4757.23, 4757.27, 4757.28, 4757.29, 4757.31,	1760
4757.32, 4757.33, 4757.34, 4757.36, 4757.38, and 4757.43 of the	1761
Revised Code are hereby repealed.	1762

Section 3.  Within ninety days after the effective date of	1763
this section, the Governor shall appoint the initial marriage and	1764
family therapist and independent marriage and family therapist	1765
members of the Counselor, Social Worker, and Marriage and Family	1766
Therapist Board, in accordance with section 4757.03 of the Revised	1767
Code, as amended by this act. Such an appointee is not required,	1768
at the time of appointment, to be licensed as a marriage and	1769
family therapist or independent marriage and family therapist.	1770
However, the appointee may remain a board member only if the	1771
appointee becomes licensed as a marriage and family therapist or	1772
independent marriage and family therapist, as appropriate for the	1773
member's appointment, within one year of the effective date of	1774
this section.	1775

Section 4. Section 4757.02 of the Revised Code, as amended by	1776
this act, shall take effect one year after the effective date of	1777
this act.	1778