REPRESENTATIVES Peterson, Clancy, Britton, Carmichael, Evans, Fedor, Hagan, Hollister, Latta, McGregor, R. Miller, Redfern, Reinhard, Rhine, Schmidt, Schuring, Setzer, Webster, Willamowski, Olman, Fessler

To amend sections 2317.02, 3793.07, 4745.01, and

1

4757.41; to enact sections 4758.01, 4758.02,

2

4758.04 to 4758.07, 4758.09, 4758.11 to 4758.13,

3

4758.15 to 4758.27, 4758.30, 4758.31, 4758.33 to

4

4758.38, 4758.40, 4758.41, 4758.43, 4758.45 to

5

4758.51, 4758.60 to 4758.62, and 4758.99 of the

6

Revised Code; and to repeal Sections 6, 7, and 8 of

7

Am. Sub. S.B. 172 of the 123rd General Assembly to

8

create the Chemical Dependency Professionals Board,

9

to require licensure or certification of chemical

10

dependency counselors and certification of alcohol

11

and other drug prevention specialists, and to make

12

an appropriation.

13

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

Section 1. That sections 2317.02, 3793.07, 4745.01, and	14
4757.41 be amended and sections 4758.01, 4758.02, 4758.04,	15
4758.05, 4758.06, 4758.07, 4758.09, 4758.11, 4758.12, 4758.13,	16
4758.15, 4758.16, 4758.17, 4758.18, 4758.19, 4758.20, 4758.21,	17
4758.22, 4758.23, 4758.24, 4758.25, 4758.26, 4758.27, 4758.30,	18
4758.31, 4758.33, 4758.34, 4758.35, 4758.36, 4758.37, 4758.38,	19
4758.40, 4758.41, 4758.43, 4758.45, 4758.46, 4758.47, 4758.48,	20
4758.49, 4758.50, 4758.51, 4758.60, 4758.61, 4758.62, and 4758.99	21
of the Revised Code be enacted to read as follows:	22

Sec. 2317.02.  The following persons shall not testify in	23
certain respects:	24

(A) An attorney, concerning a communication made to the	25
attorney by a client in that relation or the attorney's advice to	26
a client, except that the attorney may testify by express consent	27
of the client or, if the client is deceased, by the express	28
consent of the surviving spouse or the executor or administrator	29
of the estate of the deceased client and except that, if the	30
client voluntarily testifies or is deemed by section 2151.421 of	31
the Revised Code to have waived any testimonial privilege under	32
this division, the attorney may be compelled to testify on the	33
same subject;	34

(B)(1) A physician or a dentist concerning a communication	35
made to the physician or dentist by a patient in that relation or	36
the physician's or dentist's advice to a patient, except as	37
otherwise provided in this division, division (B)(2), and division	38
(B)(3) of this section, and except that, if the patient is deemed	39
by section 2151.421 of the Revised Code to have waived any	40
testimonial privilege under this division, the physician may be	41
compelled to testify on the same subject.	42

The testimonial privilege established under this division	43
does not apply, and a physician or dentist may testify or may be	44
compelled to testify, in any of the following circumstances:	45

(a) In any civil action, in accordance with the discovery	46
provisions of the Rules of Civil Procedure in connection with a	47
civil action, or in connection with a claim under Chapter 4123. of	48
the Revised Code, under any of the following circumstances:	49

(i) If the patient or the guardian or other legal	50
representative of the patient gives express consent;	51

(ii) If the patient is deceased, the spouse of the patient	52
or the executor or administrator of the patient's estate gives	53
express consent;	54

(iii) If a medical claim, dental claim, chiropractic claim,	55
or optometric claim, as defined in section 2305.11 of the Revised	56
Code, an action for wrongful death, any other type of civil	57
action, or a claim under Chapter 4123. of the Revised Code is	58
filed by the patient, the personal representative of the estate of	59
the patient if deceased, or the patient's guardian or other legal	60
representative.	61

(b) In any civil action concerning court-ordered treatment	62
or services received by a patient, if the court-ordered treatment	63
or services were ordered as part of a case plan journalized under	64
section 2151.412 of the Revised Code or the court-ordered	65
treatment or services are necessary or relevant to dependency,	66
neglect, or abuse or temporary or permanent custody proceedings	67
under Chapter 2151. of the Revised Code.	68

(c) In any criminal action concerning any test or the	69
results of any test that determines the presence or concentration	70
of alcohol, a drug of abuse, or alcohol and a drug of abuse in the	71
patient's blood, breath, urine, or other bodily substance at any	72
time relevant to the criminal offense in question.	73

(d) In any criminal action against a physician or dentist.	74
In such an action, the testimonial privilege established under	75
this division does not prohibit the admission into evidence, in	76
accordance with the Rules of Evidence, of a patient's medical or	77
dental records or other communications between a patient and the	78
physician or dentist that are related to the action and obtained	79
by subpoena, search warrant, or other lawful means. A court that	80
permits or compels a physician or dentist to testify in such an	81
action or permits the introduction into evidence of patient	82
records or other communications in such an action shall require	83
that appropriate measures be taken to ensure that the	84
confidentiality of any patient named or otherwise identified in	85
the records is maintained. Measures to ensure confidentiality	86
that may be taken by the court include sealing its records or	87
deleting specific information from its records.	88

(2)(a) If any law enforcement officer submits a written	89
statement to a health care provider that states that an official	90
criminal investigation has begun regarding a specified person or	91
that a criminal action or proceeding has been commenced against a	92
specified person, that requests the provider to supply to the	93
officer copies of any records the provider possesses that pertain	94
to any test or the results of any test administered to the	95
specified person to determine the presence or concentration of	96
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	97
person's blood, breath, or urine at any time relevant to the	98
criminal offense in question, and that conforms to section	99
2317.022 of the Revised Code, the provider, except to the extent	100
specifically prohibited by any law of this state or of the United	101
States, shall supply to the officer a copy of any of the requested	102
records the provider possesses. If the health care provider does	103
not possess any of the requested records, the provider shall give	104
the officer a written statement that indicates that the provider	105
does not possess any of the requested records.	106

(b) If a health care provider possesses any records of the	107
type described in division (B)(2)(a) of this section regarding the	108
person in question at any time relevant to the criminal offense in	109
question, in lieu of personally testifying as to the results of	110
the test in question, the custodian of the records may submit a	111
certified copy of the records, and, upon its submission, the	112
certified copy is qualified as authentic evidence and may be	113
admitted as evidence in accordance with the Rules of Evidence.	114
Division (A) of section 2317.422 of the Revised Code does not	115
apply to any certified copy of records submitted in accordance	116
with this division. Nothing in this division shall be construed	117
to limit the right of any party to call as a witness the person	118
who administered the test to which the records pertain, the person	119
under whose supervision the test was administered, the custodian	120
of the records, the person who made the records, or the person	121
under whose supervision the records were made.	122

(3)(a) If the testimonial privilege described in division	123
(B)(1) of this section does not apply as provided in division	124
(B)(1)(a)(iii) of this section, a physician or dentist may be	125
compelled to testify or to submit to discovery under the Rules of	126
Civil Procedure only as to a communication made to the physician	127
or dentist by the patient in question in that relation, or the	128
physician's or dentist's advice to the patient in question, that	129
related causally or historically to physical or mental injuries	130
that are relevant to issues in the medical claim, dental claim,	131
chiropractic claim, or optometric claim, action for wrongful	132
death, other civil action, or claim under Chapter 4123. of the	133
Revised Code.	134

(b) If the testimonial privilege described in division	135
(B)(1) of this section does not apply to a physician or dentist as	136
provided in division (B)(1)(c) of this section, the physician or	137
dentist, in lieu of personally testifying as to the results of the	138
test in question, may submit a certified copy of those results,	139
and, upon its submission, the certified copy is qualified as	140
authentic evidence and may be admitted as evidence in accordance	141
with the Rules of Evidence. Division (A) of section 2317.422 of	142
the Revised Code does not apply to any certified copy of results	143
submitted in accordance with this division. Nothing in this	144
division shall be construed to limit the right of any party to	145
call as a witness the person who administered the test in	146
question, the person under whose supervision the test was	147
administered, the custodian of the results of the test, the person	148
who compiled the results, or the person under whose supervision	149
the results were compiled.	150

(4) The testimonial privilege described in division (B)(1)	151
of this section is not waived when a communication is made by a	152
physician to a pharmacist or when there is communication between a	153
patient and a pharmacist in furtherance of the physician-patient	154
relation.	155

(5)(a) As used in divisions (B)(1) to (4) of this section,	156
"communication" means acquiring, recording, or transmitting any	157
information, in any manner, concerning any facts, opinions, or	158
statements necessary to enable a physician or dentist to diagnose,	159
treat, prescribe, or act for a patient. A "communication" may	160
include, but is not limited to, any medical or dental, office, or	161
hospital communication such as a record, chart, letter,	162
memorandum, laboratory test and results, x-ray, photograph,	163
financial statement, diagnosis, or prognosis.	164

(b) As used in division (B)(2) of this section, "health care	165
provider" means a hospital, ambulatory care facility, long-term	166
care facility, pharmacy, emergency facility, or health care	167
practitioner.	168

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

169

(i) "Ambulatory care facility" means a facility that provides	170
medical, diagnostic, or surgical treatment to patients who do not	171
require hospitalization, including a dialysis center, ambulatory	172
surgical facility, cardiac catheterization facility, diagnostic	173
imaging center, extracorporeal shock wave lithotripsy center, home	174
health agency, inpatient hospice, birthing center, radiation	175
therapy center, emergency facility, and an urgent care center.	176
"Ambulatory health care facility" does not include the private	177
office of a physician or dentist, whether the office is for an	178
individual or group practice.	179

(ii) "Emergency facility" means a hospital emergency	180
department or any other facility that provides emergency medical	181
services.	182

(iii) "Health care practitioner" has the same meaning as in	183
section 4769.01 of the Revised Code.	184

(iv) "Hospital" has the same meaning as in section 3727.01 of	185
the Revised Code.	186

(v) "Long-term care facility" means a nursing home,	187
residential care facility, or home for the aging, as those terms	188
are defined in section 3721.01 of the Revised Code; an adult care	189
facility, as defined in section 3722.01 of the Revised Code; a	190
nursing facility or intermediate care facility for the mentally	191
retarded, as those terms are defined in section 5111.20 of the	192
Revised Code; a facility or portion of a facility certified as a	193
skilled nursing facility under Title XVIII of the "Social Security	194
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	195

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	196
the Revised Code.	197

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	198
apply to doctors of medicine, doctors of osteopathic medicine,	199
doctors of podiatry, and dentists.	200

(7) Nothing in divisions (B)(1) to (6) of this section	201
affects, or shall be construed as affecting, the immunity from	202
civil liability conferred by section 307.628 or 2305.33 of the	203
Revised Code upon physicians who report an employee's use of a	204
drug of abuse, or a condition of an employee other than one	205
involving the use of a drug of abuse, to the employer of the	206
employee in accordance with division (B) of that section. As used	207
in division (B)(7) of this section, "employee," "employer," and	208
"physician" have the same meanings as in section 2305.33 of the	209
Revised Code.	210

(C) A member of the clergy, rabbi, priest, or regularly	211
ordained, accredited, or licensed minister of an established and	212
legally cognizable church, denomination, or sect, when the member	213
of the clergy, rabbi, priest, or minister remains accountable to	214
the authority of that church, denomination, or sect, concerning a	215
confession made, or any information confidentially communicated,	216
to the member of the clergy, rabbi, priest, or minister for a	217
religious counseling purpose in the member of the clergy's,	218
rabbi's, priest's, or minister's professional character; however,	219
the member of the clergy, rabbi, priest, or minister may testify	220
by express consent of the person making the communication, except	221
when the disclosure of the information is in violation of a sacred	222
trust;	223

(D) Husband or wife, concerning any communication made by	224
one to the other, or an act done by either in the presence of the	225
other, during coverture, unless the communication was made, or act	226
done, in the known presence or hearing of a third person competent	227
to be a witness; and such rule is the same if the marital relation	228
has ceased to exist;	229

(E) A person who assigns a claim or interest, concerning any	230
matter in respect to which the person would not, if a party, be	231
permitted to testify;	232

(F) A person who, if a party, would be restricted under	233
section 2317.03 of the Revised Code, when the property or thing is	234
sold or transferred by an executor, administrator, guardian,	235
trustee, heir, devisee, or legatee, shall be restricted in the	236
same manner in any action or proceeding concerning the property or	237
thing.	238

(G)(1) A school guidance counselor who holds a valid	239
educator license from the state board of education as provided for	240
in section 3319.22 of the Revised Code, a person licensed under	241
Chapter 4757. of the Revised Code as a professional clinical	242
counselor, professional counselor, social worker, or independent	243
social worker, or registered under Chapter 4757. of the Revised	244
Code as a social work assistant concerning a confidential	245
communication received from a client in that relation or the	246
person's advice to a client unless any of the following applies:	247

(a) The communication or advice indicates clear and present	248
danger to the client or other persons. For the purposes of this	249
division, cases in which there are indications of present or past	250
child abuse or neglect of the client constitute a clear and	251
present danger.	252

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

253

(c) If the client is deceased, the surviving spouse or the	254
executor or administrator of the estate of the deceased client	255
gives express consent.	256

(d) The client voluntarily testifies, in which case the	257
school guidance counselor or person licensed or registered under	258
Chapter 4757. of the Revised Code may be compelled to testify on	259
the same subject.	260

(e) The court in camera determines that the information	261
communicated by the client is not germane to the counselor-client	262
or social worker-client relationship.	263

(f) A court, in an action brought against a school, its	264
administration, or any of its personnel by the client, rules after	265
an in-camera inspection that the testimony of the school guidance	266
counselor is relevant to that action.	267

(g) The testimony is sought in a civil action and concerns	268
court-ordered treatment or services received by a patient as part	269
of a case plan journalized under section 2151.412 of the Revised	270
Code or the court-ordered treatment or services are necessary or	271
relevant to dependency, neglect, or abuse or temporary or	272
permanent custody proceedings under Chapter 2151. of the Revised	273
Code.	274

(2) Nothing in division (G)(1) of this section shall relieve	275
a school guidance counselor or a person licensed or registered	276
under Chapter 4757. of the Revised Code from the requirement to	277
report information concerning child abuse or neglect under section	278
2151.421 of the Revised Code.	279

(H) A mediator acting under a mediation order issued under	280
division (A) of section 3109.052 of the Revised Code or otherwise	281
issued in any proceeding for divorce, dissolution, legal	282
separation, annulment, or the allocation of parental rights and	283
responsibilities for the care of children, in any action or	284
proceeding, other than a criminal, delinquency, child abuse, child	285
neglect, or dependent child action or proceeding, that is brought	286
by or against either parent who takes part in mediation in	287
accordance with the order and that pertains to the mediation	288
process, to any information discussed or presented in the	289
mediation process, to the allocation of parental rights and	290
responsibilities for the care of the parents' children, or to the	291
awarding of parenting time rights in relation to their children;	292

(I) A communications assistant, acting within the scope of	293
the communication assistant's authority, when providing	294
telecommunications relay service pursuant to section 4931.35 of	295
the Revised Code or Title II of the "Communications Act of 1934,"	296
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	297
made through a telecommunications relay service. Nothing in this	298
section shall limit the obligation of a communications assistant	299
to divulge information or testify when mandated by federal law or	300
regulation or pursuant to subpoena in a criminal proceeding.	301

Nothing in this section shall limit any immunity or privilege	302
granted under federal law or regulation.	303

(J)(1) A chiropractor in a civil proceeding concerning a	304
communication made to the chiropractor by a patient in that	305
relation or the chiropractor's advice to a patient, except as	306
otherwise provided in this division. The testimonial privilege	307
established under this division does not apply, and a chiropractor	308
may testify or may be compelled to testify, in any civil action,	309
in accordance with the discovery provisions of the Rules of Civil	310
Procedure in connection with a civil action, or in connection with	311
a claim under Chapter 4123. of the Revised Code, under any of the	312
following circumstances:	313

(a) If the patient or the guardian or other legal	314
representative of the patient gives express consent.	315

(b) If the patient is deceased, the spouse of the patient or	316
the executor or administrator of the patient's estate gives	317
express consent.	318

(c) If a medical claim, dental claim, chiropractic claim, or	319
optometric claim, as defined in section 2305.11 of the Revised	320
Code, an action for wrongful death, any other type of civil	321
action, or a claim under Chapter 4123. of the Revised Code is	322
filed by the patient, the personal representative of the estate of	323
the patient if deceased, or the patient's guardian or other legal	324
representative.	325

(2) If the testimonial privilege described in division	326
(J)(1) of this section does not apply as provided in division	327
(J)(1)(c) of this section, a chiropractor may be compelled to	328
testify or to submit to discovery under the Rules of Civil	329
Procedure only as to a communication made to the chiropractor by	330
the patient in question in that relation, or the chiropractor's	331
advice to the patient in question, that related causally or	332
historically to physical or mental injuries that are relevant to	333
issues in the medical claim, dental claim, chiropractic claim, or	334
optometric claim, action for wrongful death, other civil action,	335
or claim under Chapter 4123. of the Revised Code.	336

(3) The testimonial privilege established under this	337
division does not apply, and a chiropractor may testify or be	338
compelled to testify, in any criminal action or administrative	339
proceeding.	340

(4) As used in this division, "communication" means	341
acquiring, recording, or transmitting any information, in any	342
manner, concerning any facts, opinions, or statements necessary to	343
enable a chiropractor to diagnosisdiagnose, treat, or act for a	344
patient. A communication may include, but is not limited to, any	345
chiropractic, office, or hospital communication such as a record,	346
chart, letter, memorandum, laboratory test and results, x-ray,	347
photograph, financial statement, diagnosis, or prognosis.	348

(K) An individual who holds a license or certificate under	349
Chapter 4758. of the Revised Code as an independent chemical	350
dependency counselor, chemical dependency counselor III, chemical	351
dependency counselor II, chemical dependency counselor I, chemical	352
dependency counselor assistant, prevention specialist II,	353
prevention specialist I, or registered applicant concerning a	354
communication made to that individual by a client or consumer in	355
that relation or the individual's advice to a client or consumer,	356
or a communication made to the individual by a licensed health	357
professional in regard to a client or consumer, except as	358
permitted by federal law or regulation. Nothing in this division	359
shall limit any immunity or privilege granted under federal law or	360
regulation.	361

Sec. 3793.07.  (A) As used in this section:

362

(1) "Medicare program" means the program established under	363
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	364
U.S.C. 301, as amended;	365

(2) "Medicaid program" means the program established under	366
Title XIX of the "Social Security Act."	367

(B) TheExcept as provided in division (D) of this section,	368
the department of alcohol and drug addiction services shall	369
establish and administer a process for the certification or	370
credentialing of chemical dependency professionalscounselors and	371
alcohol and other drug abuse prevention specialists for the	372
purpose of qualifying thetheir services provided by chemical	373
dependency professionals for reimbursement under the medicare or	374
medicaid program. The process shall be made available to any	375
individual who is a member of the profession of alcoholism	376
counseling, drug abuse counseling, or chemical dependency	377
counseling, or any individual who is an alcoholism oralcohol and	378
other drug abuse prevention consultant or specialist. Nothing in	379
this section shall be construed as requiring such certification or	380
credentials for services that are not reimbursed by medicare or	381
medicaid.	382

The department shall cease to administer its process for the	383
certification or credentialing of chemical dependency counselors	384
and alcohol and other drug abuse prevention specialists under this	385
section at the earlier of the following:	386

(1) The date, which shall be specified in an agreement	387
between the department and chemical dependency professionals	388
board, on which the board is to assume, under Chapter 4758. of the	389
Revised Code, the department's certification duties;	390

(2) Two years after the effective date of this amendment.

391

(C) The department shall adopt rules in accordance with	392
Chapter 119. of the Revised Code establishing standards and	393
procedures for the certification or credentialing process. The	394
rules shall include the following:	395

(1) Eligibility requirements;

396

(2) Application procedures;

397

(3) Minimum educational and clinical training requirements	398
that must be met for initial certification or credentialing;	399

(4) Continuing education and training requirements for	400
certified or credentialed individuals;	401

(5) Application and renewal fees that do not exceed the cost	402
incurred by the department in implementing and administering the	403
process;	404

(6) Administration or approval of examinations;

405

(7) Investigation of complaints and alleged violations of	406
this section;	407

(8) Maintenance of the confidentiality of the department's	408
investigative records;	409

(9) Disciplinary actions, including application denial and	410
suspension or revocation of certification or credentials;	411

(10) Any other rules the department considers necessary to	412
establish or administer the certification or credentialing	413
process.	414

(D)(1) Except as provided in division (D)(2) of this section,	415
the department shall not issue an initial certificate or	416
credential to practice as a chemical dependency counselor I, but	417
may renew such a certificate or credential issued prior to the	418
effective date of this amendment or pursuant to division (D)(2) of	419
this section until the department ceases to administer the	420
certification and credentialing process under this section.	421

(2) The department may issue an initial certificate or	422
credential to practice as a chemical dependency counselor I to an	423
individual if the individual submitted the application for	424
certification or credentials to the department prior to the	425
effective date of this amendment.	426

(E) The department shall investigate alleged violations of	427
this section or the rules adopted under it. As part of its	428
investigation, the department may issue subpoenas, examine	429
witnesses, and administer oaths. The department shall ensure that	430
all records it holds pertaining to an investigation remain	431
confidential.	432

(E)(F) With respect to hearings conducted by the department	433
as part of the certification or credentialing process, both of the	434
following apply:	435

(1) An individual whose application for certification or	436
credentials issued under this section has been denied by the	437
department may request a hearing in accordance with Chapter 119.	438
of the Revised Code and the rules adopted under this section.	439

(2) The department may appoint a referee or hearing examiner	440
to conduct the proceedings and make recommendations to the	441
department as appropriate.	442

(F)(G) The department shall maintain a record of all fees	443
collected under this section. All fees collected shall be paid	444
into the state treasury to the credit of the credentialing fund,	445
which is hereby created. Money credited to the fund shall be used	446
solely to pay the costs of establishing and administering the	447
process for certification or credentialing of chemical dependency	448
professionals under this section.	449

(G) CertificationsMoney credited to the credentialing fund	450
under this section shall be transferred to the chemical dependency	451
professionals board fund created under section 4758.16 of the	452
Revised Code at the earlier of the following:	453

(1) The date, which shall be specified in an agreement	454
between the department and chemical dependency professionals	455
board, on which the board is to assume, under Chapter 4758. of the	456
Revised Code, the department's certification duties;	457

(2) Two years after the effective date of this amendment.

458

(H) Certifications made and credentials issued by the Ohio	459
credentialing board for chemical dependency professionals prior to	460
the date the department establishes its certification or	461
credentialing process under this section shall continue to be	462
accepted by the department until, with respect to any particular	463
individual, one of the following occurs:	464

(1) The individual's certification or credentials from the	465
board have expired.	466

(2) The individual's certification or credentials from the	467
board would be suspended or revoked by the department if the	468
certification or credentials had been issued by the department	469
under this section.	470

Sec. 4745.01.  (A) "Standard renewal procedure," as used in	471
Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923.,	472
927., 942., 943., 953., 1321., 3710., 3713., 3719., 3731., 3742.,	473
3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 4169.,	474
4561., 4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725.,	475
4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741.,	476
4747., 4749., 4753., 4755., 4757., 4758., 4759., 4761., 4766.,	477
4773., and 4775. of the Revised Code, means the license renewal	478
procedures specified in this chapter.	479

(B) "Licensing agency," as used in this chapter, means any	480
department, division, board, section of a board, or other state	481
governmental unit subject to the standard renewal procedure, as	482
defined in this section, and authorized by the Revised Code to	483
issue a license to engage in a specific profession, occupation, or	484
occupational activity, or to have charge of and operate certain	485
specified equipment, machinery, or premises.	486

(C) "License," as used in this chapter, means a license,	487
certificate, permit, card, or other authority issued or conferred	488
by a licensing agency by authority of which the licensee has or	489
claims the privilege to engage in the profession, occupation, or	490
occupational activity, or to have control of and operate certain	491
specific equipment, machinery, or premises, over which the	492
licensing agency has jurisdiction.	493

(D) "Licensee," as used in this chapter, means either the	494
person to whom the license is issued or renewed by a licensing	495
agency, or the person, partnership, or corporation at whose	496
request the license is issued or renewed.	497

(E) "Renewal" and "renewed," as used in this chapter and in	498
the chapters of the Revised Code specified in division (A) of this	499
section, includes the continuing licensing procedure provided in	500
Chapter 3748. of the Revised Code and rules adopted under it and	501
in sections 1321.05 and 3921.33 of the Revised Code, and as	502
applied to those continuing licenses any reference in this chapter	503
to the date of expiration of any license shall be construed to	504
mean the due date of the annual or other fee for the continuing	505
license.	506

Sec. 4757.41.  (A) This chapter shall not apply to the	507
following:	508

(1) A person certified by the state board of education under	509
Chapter 3319. of the Revised Code while performing any services	510
within the person's scope of employment by a board of education or	511
by a private school meeting the standards prescribed by the state	512
board of education under division (D) of section 3301.07 of the	513
Revised Code or in a program operated under Chapter 5126. of the	514
Revised Code for training individuals with mental retardation or	515
other developmental disabilities;	516

(2) Psychologists or school psychologists licensed under	517
Chapter 4732. of the Revised Code;	518

(3) Members of other professions licensed, certified, or	519
registered by this state while performing services within the	520
recognized scope, standards, and ethics of their respective	521
professions;	522

(4) Rabbis, priests, Christian science practitioners,	523
clergy, or members of religious orders and other individuals	524
participating with them in pastoral counseling when the counseling	525
activities are within the scope of the performance of their	526
regular or specialized ministerial duties and are performed under	527
the auspices or sponsorship of an established and legally	528
cognizable church, denomination, or sect or an integrated	529
auxiliary of a church as defined in federal tax regulations,	530
paragraph (g)(5) of 26 C.F.R. 1.6033-2 (1995), and when the	531
individual rendering the service remains accountable to the	532
established authority of that church, denomination, sect, or	533
integrated auxiliary;	534

(5) Any person employed in the civil service as defined in	535
section 124.01 of the Revised Code while engaging in social work	536
or professional counseling as a civil service employee;	537

(6) A student in an accredited educational institution while	538
carrying out activities that are part of the student's prescribed	539
course of study if the activities are supervised as required by	540
the educational institution and if the student does not hold	541
herself or himself out as a person licensed or registered under	542
this chapter;	543

(7) IndividualsUntil the date the department of alcohol and	544
drug addiction services ceases to administer its process for the	545
certification or credentialing of chemical dependency counselors	546
and alcohol and other drug abuse prevention specialists under	547
section 3793.07 of the Revised Code, as specified in division (B)	548
of that section, individuals with certification or credentials	549
accepted by the department of alcohol and drug addiction services	550
under that section 3793.07 of the Revised Code who are acting	551
within the scope of their certification or credentials as members	552
of the profession of alcoholism counseling, drug abuse counseling,	553
or chemical dependency counseling, or as alcoholism oralcohol and	554
other drug abuse prevention consultants or specialists;	555

(8) Individuals who hold a license or certificate under	556
Chapter 4758. of the Revised Code who are acting within the scope	557
of their license or certificate as members of the profession of	558
chemical dependency counseling or alcohol and other drug	559
prevention services;	560

(9) Any person employed by the American red cross while	561
engaging in activities relating to services for military families	562
and veterans and disaster relief, as described in the "American	563
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as	564
amended;	565

(9)(10) Members of labor organizations who hold union	566
counselor certificates while performing services in their official	567
capacity as union counselors;	568

(10)(11) Any person employed in a hospital as defined in	569
section 3727.01 of the Revised Code or in a nursing home as	570
defined in section 3721.01 of the Revised Code while providing as	571
a hospital employee or nursing home employee, respectively, social	572
services other than counseling and the use of psychosocial	573
interventions and social psychotherapy.	574

(B) Divisions (A)(5), (8)(9), and (10)(11) of this section	575
do not prevent a person described in those divisions from	576
obtaining a license or certificate of registration under this	577
chapter.	578

Sec. 4758.01. As used in this chapter:

579

(A) "Accredited educational institution" means an	580
educational institution accredited by an accrediting agency	581
accepted by the Ohio board of regents.	582

(B)(1) "Alcohol and other drug clinical counseling	583
principles, methods, or procedures" means an approach to	584
counseling that emphasizes the counselor's role in systematically	585
assisting clients through all of the following:	586

(a) Assessing and analyzing background and current	587
information;	588

(b) Exploring possible solutions;

589

(c) Developing and providing a treatment plan;

590

(d) In the case of an independent chemical dependency	591
counselor or chemical dependency counselor III only, diagnosing	592
chemical dependency conditions.	593

(2) "Alcohol and other drug clinical counseling principles,	594
methods, or procedures" includes counseling, assessing,	595
consulting, and referral.	596

(C) "Alcohol and other drug prevention services" means	597
rendering or offering to render to individuals, groups, or the	598
public services involving approaches and activities designed to	599
preclude the onset of alcohol and other drug problems, addiction,	600
or both.	601

(D) "Chemical dependency conditions" means those conditions	602
relating to the abuse of or dependency on alcohol or other drugs	603
that are classified in accepted nosologies, including the	604
international classification of diseases, and in editions of those	605
nosologies published after the effective date of this section.	606

(E) "Chemical dependency counseling" means rendering or	607
offering to render to individuals, groups, or the public a	608
counseling service involving the application of alcohol and other	609
drug clinical counseling principles, methods, or procedures to	610
assist individuals who are abusing or dependent on alcohol or	611
other drugs.	612

(F) "Registered applicant" means an individual authorized	613
to engage in alcohol and other drug addiction prevention services	614
pursuant to section 4758.51 of the Revised Code while completing	615
the requirements to take an examination to obtain a prevention	616
specialist II certificate or prevention specialist I certificate.	617

(G) "Scope of practice" means the services, methods, and	618
techniques in which and the areas for which a person who holds a	619
license or certificate under this chapter is trained and	620
qualified.	621

Sec. 4758.02. No person shall do any of the following:

622

(A) Except as provided in section 4758.60 of the Revised	623
Code, engage in or represent to the public that the person engages	624
in chemical dependency counseling for a fee, salary, or other	625
consideration unless the person holds a valid independent chemical	626
dependency counselor license, chemical dependency counselor III	627
license, chemical dependency counselor II license, chemical	628
dependency counselor I certificate, or chemical dependency	629
counselor assistant certificate issued under this chapter;	630

(B) Effective six years after the effective date of this	631
section, engage in or represent to the public that the person	632
engages in chemical dependency counseling as a chemical dependency	633
counselor I;	634

(C) Use the title "licensed independent chemical dependency	635
counselor," "LICDC," "licensed chemical dependency counselor III,"	636
"LCDC III," "licensed chemical dependency counselor II," "LCDC	637
II," "certified chemical dependency counselor I," "CCDC I,"	638
"chemical dependency counselor assistant," "CDCA," or any other	639
title or description incorporating the word "chemical dependency	640
counselor" or any other initials used to identify persons acting	641
in those capacities unless currently authorized under this chapter	642
to act in the capacity indicated by the title or initials;	643

(D) Represent to the public that the person is a registered	644
applicant unless the person holds a valid registered applicant	645
certificate issued under this chapter;	646

(E) Use the title "certified prevention specialist II,"	647
"CPS II," "certified prevention specialist I," "CPS I,"	648
"registered applicant," or any other title, description, or	649
initials used to identify persons acting in those capacities	650
unless currently authorized under this chapter to act in the	651
capacity indicated by the title or initials.	652

Sec. 4758.04. (A) There is hereby created the chemical	653
dependency professionals board.	654

(B) The governor shall appoint all of the following	655
voting members of the board with the advice and consent of the	656
senate:	657

(1) Four individuals who hold a valid independent chemical	658
dependency counselor license issued under this chapter, including	659
at least two of whom have received at least a master's degree in a	660
field related to chemical dependency counseling from an accredited	661
educational institution;	662

(2) Two individuals who hold a valid chemical dependency	663
counselor III license issued under this chapter;	664

(3) One individual who holds a valid chemical dependency	665
counselor II license issued under this chapter;	666

(4) Two individuals who hold a valid prevention specialist	667
II certificate or prevention specialist I certificate issued under	668
this chapter;	669

(5) One individual who is or has been authorized under	670
Chapter 4731. of the Revised Code to practice medicine and surgery	671
or osteopathic medicine and surgery and has experience practicing	672
in a field related to chemical dependency counseling;	673

(6) Two individuals who represent the public and have not	674
practiced chemical dependency counseling or alcohol and other drug	675
prevention services and have not been involved in the delivery of	676
chemical dependency counseling services or alcohol and other drug	677
prevention services. At least one of these individuals shall be	678
at least sixty years of age. During their terms, the public	679
members shall not practice chemical dependency counseling or	680
alcohol and other drug prevention services or be involved in the	681
delivery of chemical dependency counseling services or alcohol and	682
other drug prevention services.	683

(C) Not later than ninety days after the effective date of	684
this section, the director of alcohol and drug addiction services	685
shall appoint an individual who represents the department of	686
alcohol and drug addiction services to serve as an ex officio	687
member of the chemical dependency professionals board.	688

(D) Not more than one-half of the voting members of the	689
board may be of the same gender or members of the same political	690
party. At least two voting members of the board shall be of	691
African, Native American, Hispanic, or Asian descent.	692

Sec. 4758.05. Of the initial appointees to the chemical	693
dependency professionals board appointed by the governor under	694
division (B) of section 4758.04 of the Revised Code, four shall be	695
appointed for terms ending one year after the effective date of	696
this section, four shall be appointed for terms ending two years	697
after the effective date of this section, and four shall be	698
appointed for terms ending three years after the effective date of	699
this section. After the initial appointments, terms of office	700
shall be three years, each term ending on the same day of the same	701
month of the year as the term it succeeds.	702

A voting member of the board shall hold office from the date	703
of appointment until the end of the term for which the member was	704
appointed. A voting member appointed to fill a vacancy occurring	705
prior to the expiration of the term for which the member's	706
predecessor was appointed shall hold office for the remainder of	707
that term. A voting member shall continue in office after the	708
expiration date of the member's term until the member's successor	709
takes office or until a period of sixty days has elapsed,	710
whichever occurs first. Voting members may be reappointed, except	711
that an individual who has held office for two consecutive full	712
terms shall not be reappointed sooner than one year after the	713
expiration of the second full term.	714

The ex officio member of the board appointed by the director	715
of alcohol and drug addiction services under division (C) of	716
section 4758.04 of the Revised Code shall serve at the pleasure of	717
the director.	718

Sec. 4758.06. The voting members of the chemical dependency	719
professionals board shall receive an amount fixed under division	720
(J) of section 124.15 of the Revised Code for each day employed in	721
the discharge of their official duties as board members and shall	722
be reimbursed for their necessary and actual expenses incurred in	723
the performance of their official duties.	724

Sec. 4758.07. The chemical dependency professionals board	725
shall meet to discuss matters relating to the administration and	726
operation of the board and the regulation of the practices of	727
chemical dependency counseling and alcohol and other drug	728
prevention services. The board shall hold at least one regular	729
meeting every three months. Additional meetings may be held at	730
such times as the board determines, on the call of the	731
chairperson, or on the written request to the executive director	732
of three or more voting board members. If three or more voting	733
members request a meeting, the executive director shall call a	734
meeting, which shall be held not later than seven days after the	735
request is received.	736

Seven voting members of the board constitute a quorum to	737
conduct business. Except as provided in section 4758.27 of the	738
Revised Code, no action shall be taken without the concurrence of	739
at least a quorum.	740

At its first meeting each year, the board shall elect a	741
chairperson from among its voting members. No member shall serve	742
more than two consecutive terms as chairperson.	743

The board shall keep any records and minutes necessary to	744
fulfill the duties established by this chapter and rules adopted	745
under it.	746

Sec. 4758.09. The chemical dependency professionals board	747
shall employ an executive director. The board may employ and	748
prescribe the powers and duties of employees and consultants as	749
are necessary for it to carry out the board's duties under this	750
chapter and the rules adopted under it.	751

Sec. 4758.11. The chemical dependency professionals board	752
shall not discriminate against any licensee, certificate holder,	753
or applicant for a license or certificate under this chapter	754
because of the individual's race, color, religion, gender,	755
national origin, disability as defined in section 4112.01 of the	756
Revised Code, or age. The board shall afford a hearing to any	757
individual who files with the board a statement alleging	758
discrimination based on any of those reasons.	759

Sec. 4758.12. The chemical dependency professionals board	760
shall adopt a seal to authenticate its records and proceedings.	761

A statement, signed by the executive director of the board	762
to which is affixed the official seal of the board, to the effect	763
that an individual specified in the statement does not currently	764
hold a license or certificate under this chapter or that a license	765
or certificate issued by the board under this chapter has been	766
revoked or suspended, shall be received as prima-facie evidence of	767
a record of the board in any court or before any officer of the	768
state.	769

Sec. 4758.13. The chemical dependency professionals board	770
shall include the board's address and telephone number on each	771
license and certificate it issues under this chapter.	772

Sec. 4758.15. (A) The chemical dependency professionals	773
board shall adopt rules to establish, specify, or provide for all	774
of the following:	775

(1) For the purpose of section 4758.18 of the Revised Code,	776
codes of ethical practice and professional conduct for individuals	777
who hold a license or certificate issued under this chapter;	778

(2) For the purpose of section 4758.19 of the Revised Code,	779
all of the following:	780

(a) Good moral character requirements for an individual who	781
seeks or holds a license or certificate issued under this chapter;	782

(b) The documents that an individual seeking such a license	783
or certificate must submit to the board;	784

(c) Requirements to obtain the license or certificate that	785
are in addition to the requirements established under sections	786
4758.33, 4758.34, 4758.35, 4758.36, 4758.37, and 4758.38 of the	787
Revised Code. The additional requirements may include	788
preceptorships.	789

(3) Procedures for renewal of a chemical dependency	790
counselor I license under section 4758.22 of the Revised Code;	791

(4) For the purpose of section 4758.23 of the Revised Code,	792
requirements for approval of continuing education courses of study	793
for individuals who hold a license or certificate issued under	794
this chapter;	795

(5) For the purpose of section 4758.25 of the Revised Code,	796
the intervention for and treatment of an individual holding a	797
license or certificate issued under this chapter whose abilities	798
to practice are impaired due to abuse of or dependency on alcohol	799
or other drugs or other physical or mental condition;	800

(6) Requirements governing reinstatement of a suspended or	801
revoked license or certificate under division (B) of section	802
4758.25 of the Revised Code, including requirements for	803
determining the amount of time an individual must wait to apply	804
for reinstatement;	805

(7) For the purpose of section 4758.26 of the Revised Code,	806
methods of ensuring that all records the board holds pertaining to	807
an investigation remain confidential during the investigation;	808

(8) Criteria for employees of the board to follow when	809
performing their duties under division (B) of section 4758.30 of	810
the Revised Code;	811

(9) For the purpose of division (A)(1) of section 4758.33	812
and division (A)(1) of section 4758.34 of the Revised Code, course	813
requirements for a master's degree and bachelor's degree in	814
behavioral sciences;	815

(10) For the purpose of division (A)(3) of section 4758.33,	816
division (A)(3) of section 4758.34, division (A)(3) of section	817
4758.35, and division (A) of section 4758.36 of the Revised Code,	818
training requirements for chemical dependency counseling;	819

(11) For the purpose of division (A)(3) of section 4758.37,	820
division (A)(3) of section 4758.38, and division (A)(2) of section	821
4758.43 of the Revised Code, requirements for prevention-related	822
education;	823

(12) For the purpose of section 4758.41 of the Revised	824
Code, continuing education requirements for individuals who hold a	825
license or certificate issued under this chapter;	826

(13) For the purpose of section 4758.41 of the Revised	827
Code, the number of hours of continuing education that an	828
individual must complete to have an expired license or certificate	829
restored under section 4758.21 of the Revised Code;	830

(14) For the purpose of section 4758.43 of the Revised	831
Code, the requirements an individual holding a registered	832
applicant certificate must complete to take an examination	833
administered pursuant to section 4758.17 of the Revised Code to	834
obtain a prevention specialist II certificate or prevention	835
specialist I certificate and the documentation the individual	836
must submit to the board showing that the individual has completed	837
the requirements;	838

(15) The method of determining the amount of time an	839
individual must wait to apply to the board for a new registered	840
applicant certificate under division (B) of section 4758.43 of the	841
Revised Code;	842

(16) The duties of an individual who supervises a chemical	843
dependency counselor III under section 4758.46, chemical	844
dependency counselor II under section 4758.47, chemical dependency	845
counselor I under section 4758.48, chemical dependency counselor	846
assistant under section 4758.49, or registered applicant under	847
section 4758.51 of the Revised Code. The duties may differ.	848

(17) Anything else necessary to administer this chapter.

849

(B) All rules adopted under this section shall be adopted in	850
accordance with Chapter 119. of the Revised Code and any	851
applicable federal laws and regulations. Initial rules shall be	852
adopted not later than nine months after the effective date of	853
this section.	854

(C) When it adopts rules under this section, the board may	855
consider standards established by any national association or	856
other organization representing the interests of those involved in	857
chemical dependency counseling or alcohol and other drug	858
prevention services.	859

Sec. 4758.16. (A) Subject to division (B) of this section,	860
the chemical dependency professionals board shall establish, and	861
may from time to time adjust, fees to be charged for the	862
following:	863

(1) Admitting an individual to an examination administered	864
pursuant to section 4758.17 of the Revised Code;	865

(2) Issuing an initial independent chemical dependency	866
counselor license, chemical dependency counselor III license,	867
chemical dependency counselor II license, chemical dependency	868
counselor assistant certificate, prevention specialist II	869
certificate, prevention specialist I certificate, or registered	870
applicant certificate;	871

(3) Renewing an independent chemical dependency counselor	872
license, chemical dependency counselor III license, chemical	873
dependency counselor II license, chemical dependency counselor I	874
certificate, chemical dependency counselor assistant certificate,	875
prevention specialist II certificate, prevention specialist I	876
certificate, or registered applicant certificate;	877

(4) Approving continuing education courses under section	878
4758.23 of the Revised Code;	879

(5) Doing anything else the board determines necessary to	880
administer this chapter.	881

(B) The fees established under division (A) of this section	882
are nonrefundable. They shall be in amounts sufficient to cover	883
the necessary expenses of the board in administering this chapter	884
and rules adopted under it. The renewal fee for a license or	885
certificate shall not be less than the initial fee for the license	886
or certificate. The fees for a license or certificate and the	887
renewal of a license or certificate may differ for the various	888
types of licenses and certificates.	889

(C) All receipts of the board shall be deposited in the	890
state treasury to the credit of the chemical dependency	891
professionals board fund, which is hereby created.	892

(D) All vouchers of the board shall be approved by the	893
chairperson or executive director of the board, or both, as	894
authorized by the board.	895

Sec. 4758.17. The chemical dependency professionals board	896
shall prepare, cause to be prepared, or procure the use of, and	897
grade, cause to be graded, or procure the grading of, examinations	898
to determine the competence of individuals seeking an independent	899
chemical dependency counselor license, chemical dependency	900
counselor III license, chemical dependency counselor II license,	901
prevention specialist II certificate, or prevention specialist I	902
certificate. The board may develop the examinations or use	903
examinations prepared by state or national organizations that	904
represent the interests of those involved in chemical dependency	905
counseling or alcohol and other drug prevention services. The	906
board shall conduct examinations at least twice each year and	907
shall determine the level of competence necessary for a passing	908
score.	909

An individual may not sit for an examination administered	910
pursuant to this section unless the individual meets the	911
requirements to obtain the license or certificate the individual	912
seeks, other than the requirement to have passed the examination,	913
and pays the fee established under section 4758.16 of the Revised	914
Code. An individual who is denied admission to the examination	915
may appeal the denial in accordance with Chapter 119. of the	916
Revised Code.	917

Sec. 4758.18. (A) In rules adopted under section 4758.15 of	918
the Revised Code, the chemical dependency professionals board	919
shall establish codes of ethical practice and professional conduct	920
for the following:	921

(1) Individuals who hold a valid independent chemical	922
dependency counselor license, chemical dependency counselor III	923
license, chemical dependency counselor II license, chemical	924
dependency counselor I certificate, or chemical dependency	925
counselor assistant certificate issued under this chapter;	926

(2) Individuals who hold a valid prevention specialist II	927
certificate, prevention specialist I certificate, or registered	928
applicant certificate.	929

(B) The codes for individuals identified under division	930
(A)(1) of this section shall define unprofessional conduct, which	931
shall include engaging in a dual relationship with a client,	932
former client, consumer, or former consumer; committing an act of	933
sexual abuse, misconduct, or exploitation of a client, former	934
client, consumer, or former consumer; and, except as permitted by	935
law, violating client or consumer confidentiality.	936

(C) The codes for individuals identified under division	937
(A)(1) of this section may be based on any codes of ethical	938
practice and professional conduct developed by national	939
associations or other organizations representing the interests of	940
those involved in chemical dependency counseling. The codes for	941
individuals identified under division (A)(2) of this section may	942
be based on any codes of ethical practice and professional conduct	943
developed by national associations or other organizations	944
representing the interests of those involved in alcohol and other	945
drug prevention services. The board may establish standards in	946
the codes that are more stringent than those established by the	947
national associations or other organizations.	948

Sec. 4758.19. (A) The chemical dependency professionals	949
board shall issue a license or certificate under this chapter to	950
an individual who meets all of the following requirements:	951

(1) Is of good moral character as determined in accordance	952
with rules adopted under section 4758.15 of the Revised Code;	953

(2) Submits a properly completed application and all other	954
documentation specified in rules adopted under section 4758.15 of	955
the Revised Code;	956

(3) Pays the fee established under section 4758.16 of the	957
Revised Code for the license or certificate that the individual	958
seeks;	959

(4) Meets the requirements to obtain the license or	960
certificate that the individual seeks as specified in section	961
4758.33, 4758.34, 4758.35, 4758.36, 4758.37, or 4758.38 of the	962
Revised Code;	963

(5) Meets any additional requirements specified in rules	964
adopted under section 4758.15 of the Revised Code to obtain the	965
license or certificate that the individual seeks.	966

(B) The board shall not issue an initial certificate to	967
practice as a chemical dependency counselor I.	968

Sec. 4758.20. (A) The chemical dependency professionals board	969
may enter into a reciprocal agreement with any state that	970
regulates individuals practicing in the same capacities as those	971
regulated under this chapter if the board finds that the state has	972
requirements substantially equivalent to the requirements of this	973
state to receive a license or certificate under this chapter.	974

The board may become a member of a national reciprocity	975
organization that requires its members to have requirements	976
substantially equivalent to the requirements of this state to	977
receive a license or certificate to practice in the same	978
capacities as those regulated under this chapter. If the board	979
becomes a member of such an organization, the board shall consider	980
itself to have a reciprocal agreement with the other states that	981
are also members of the organization.	982

(B) The board may, by endorsement, issue the appropriate	983
license or certificate to a resident of a state with which the	984
board does not have a reciprocal agreement if both of the	985
following apply:	986

(1) The board finds that the state has requirements	987
substantially equivalent to the requirements of this state for	988
receipt of a license or certificate under this chapter.	989

(2) The individual submits proof satisfactory to the board	990
of being currently authorized to practice by that state.	991

(C) A license or certificate obtained by reciprocity or	992
endorsement under this section may be renewed or restored under	993
section 4758.21 of the Revised Code if the individual holding the	994
license or certificate satisfies the renewal or restoration	995
requirements established by that section. An individual holding a	996
license or certificate obtained by reciprocity or endorsement	997
under this section may obtain, under section 4758.19 of the	998
Revised Code, a different license or certificate available under	999
this chapter if the individual meets all of the requirements as	1000
specified in that section for the license or certificate the	1001
individual seeks.	1002

Sec. 4758.21. (A) Except as provided in section 4758.22 of	1003
the Revised Code, a license or certificate issued under this	1004
chapter, other than a registered applicant certificate, expires	1005
two years after it is issued and may be renewed in accordance with	1006
the standard renewal procedure established under Chapter 4745. of	1007
the Revised Code.	1008

(B) Subject to section 4758.25 of the Revised Code and	1009
except as provided in section 4758.22 of the Revised Code, the	1010
chemical dependency professionals board shall renew a license or	1011
certificate issued under this chapter, other than a registered	1012
applicant certificate, if the individual seeking the renewal pays	1013
the renewal fee established under section 4758.16 of the Revised	1014
Code and satisfies the continuing education requirements	1015
established under section 4758.41 of the Revised Code.	1016

(C) Except as provided in section 4758.22 of the Revised	1017
Code, a license or certificate issued under this chapter, other	1018
than a registered applicant certificate, that has expired may be	1019
restored if the individual seeking the restoration, not later than	1020
two years after the license or certificate expires, applies for	1021
restoration of the license or certificate. The board shall issue	1022
a restored license or certificate to the individual if the	1023
individual pays the renewal fee established under section 4758.16	1024
of the Revised Code and satisfies the continuing education	1025
requirements established under section 4758.41 of the Revised Code	1026
for restoring the license or certificate. The board shall not	1027
require an individual to take an examination as a condition of	1028
having an expired license or certificate restored under this	1029
section.	1030

Sec. 4758.22. Until the date that is six years after this	1031
section's effective date, the chemical dependency professionals	1032
board shall renew a certificate that on this section's effective	1033
date is accepted under section 3793.07 of the Revised Code as	1034
authority to practice as a chemical dependency counselor I if the	1035
individual holding the certificate renews the certificate in	1036
accordance with rules adopted under section 4758.15 of the Revised	1037
Code and pays the renewal fee established under section 4758.16 of	1038
the Revised Code. Subsequent renewals shall be done under section	1039
4758.21 of the Revised Code.	1040

After the date that is six years after this section's	1041
effective date, the board shall not renew under this section, or	1042
renew or restore under section 4758.21 of the Revised Code, a	1043
certificate to practice as a certified chemical dependency	1044
counselor I.	1045

Sec. 4758.23. The chemical dependency professionals board	1046
shall approve, in accordance with rules adopted under section	1047
4758.15 of the Revised Code and subject to payment of the fee	1048
established under section 4758.16 of the Revised Code, continuing	1049
education courses of study for individuals who hold a license or	1050
certificate issued under this chapter.	1051

Sec. 4758.24. On receipt of notice pursuant to section	1052
3123.43 of the Revised Code, the chemical dependency professionals	1053
board shall comply with that section with respect to a license or	1054
certificate issued pursuant to this chapter.	1055

Sec. 4758.25. (A) The chemical dependency professionals	1056
board, in accordance with Chapter 119. of the Revised Code, may	1057
refuse to issue a license or certificate applied for under this	1058
chapter; refuse to renew a license or certificate issued under	1059
this chapter; suspend, revoke, or otherwise restrict a license or	1060
certificate issued under this chapter; or reprimand an individual	1061
holding a license or certificate issued under this chapter. These	1062
actions may be taken by the board regarding the applicant for a	1063
license or certificate or the individual holding a license or	1064
certificate for one or more of any of the following reasons:	1065

(1) Violation of any provision of this chapter or rules	1066
adopted under it;	1067

(2) Knowingly making a false statement on an application	1068
for a license or certificate or for renewal, restoration, or	1069
reinstatement of a license or certificate;	1070

(3) Acceptance of a commission or rebate for referring an	1071
individual to a person who holds a license or certificate issued	1072
by, or who is registered with, an entity of state government,	1073
including persons practicing chemical dependency counseling,	1074
alcohol and other drug prevention services, or fields related to	1075
chemical dependency counseling or alcohol and other drug	1076
prevention services;	1077

(4) Conviction in this or any other state of any crime that	1078
is a felony in this state;	1079

(5) Conviction in this or any other state of a misdemeanor	1080
committed in the course of practice as an independent chemical	1081
dependency counselor, chemical dependency counselor III, chemical	1082
dependency counselor II, chemical dependency counselor I, chemical	1083
dependency counselor assistant, prevention specialist II,	1084
prevention specialist I, or registered applicant;	1085

(6) Inability to practice as an independent chemical	1086
dependency counselor, chemical dependency counselor III, chemical	1087
dependency counselor II, chemical dependency counselor I, chemical	1088
dependency counselor assistant, prevention specialist II,	1089
prevention specialist I, or registered applicant due to abuse of	1090
or dependency on alcohol or other drugs or other physical or	1091
mental condition;	1092

(7) Practicing outside the individual's scope of practice;

1093

(8) Practicing without complying with the supervision	1094
requirements specified under section 4758.46, 4758.49, or 4758.51	1095
of the Revised Code;	1096

(9) Violation of the code of ethical practice and	1097
professional conduct for chemical dependency counseling or alcohol	1098
and other drug prevention services adopted by the board pursuant	1099
to section 4758.18 of the Revised Code;	1100

(10) Revocation of a license or certificate or voluntary	1101
surrender of a license or certificate in another state or	1102
jurisdiction for an offense that would be a violation of this	1103
chapter.	1104

(B) An individual whose license or certificate has been	1105
suspended or revoked under this section may apply to the board for	1106
reinstatement after an amount of time the board shall determine in	1107
accordance with rules adopted under section 4758.15 of the Revised	1108
Code. The board may accept or refuse an application for	1109
reinstatement. The board may require an examination for	1110
reinstatement of a license or certificate that has been suspended	1111
or revoked.	1112

Sec. 4758.26. The chemical dependency professionals board	1113
shall investigate alleged violations of this chapter or the rules	1114
adopted under it and alleged irregularities in the delivery of	1115
chemical dependency counseling services or alcohol and other drug	1116
prevention services by individuals who hold a license or	1117
certificate issued under this chapter. As part of an	1118
investigation, the board may issue subpoenas, examine witnesses,	1119
and administer oaths.	1120

The board may receive any information necessary to conduct	1121
an investigation under this section that has been obtained in	1122
accordance with federal laws and regulations. If the board is	1123
investigating the provision of chemical dependency counseling	1124
services to a couple or group, it is not necessary for both	1125
members of the couple or all members of the group to consent to	1126
the release of information relevant to the investigation.	1127

The board shall ensure, in accordance with rules adopted	1128
under section 4758.15 of the Revised Code, that all records it	1129
holds pertaining to an investigation remain confidential during	1130
the investigation. After the investigation, the records are	1131
public records except as otherwise provided by federal or state	1132
law.	1133

Sec. 4758.27. For any hearing it conducts under this chapter,	1134
the chemical dependency professionals board may appoint one of its	1135
voting members to act on behalf of the board. It is not necessary	1136
that the member be an attorney to be appointed. The board shall	1137
make the appointment in writing.	1138

A finding or order of a member appointed to act on behalf of	1139
the board is a finding or order of the board when confirmed by the	1140
board.	1141

Sec. 4758.30. (A) An individual seeking a license or	1142
certificate issued under this chapter shall file with the chemical	1143
dependency professionals board a written application on a form	1144
prescribed by the board. Each form shall state that a false	1145
statement made on the form is the crime of falsification under	1146
section 2921.13 of the Revised Code.	1147

(B) The board shall require an individual or individuals	1148
employed by the board under section 4758.09 of the Revised Code to	1149
do both of the following in accordance with criteria established	1150
by rules adopted under section 4758.15 of the Revised Code:	1151

(1) Receive and review all applications submitted to the	1152
board;	1153

(2) Submit to the board all applications the individual or	1154
individuals recommend the board review based on the criteria	1155
established in the rules.	1156

(C) The board shall review all applications submitted to	1157
the board pursuant to division (B)(2) of this section.	1158

Sec. 4758.31. As part of the review process under division	1159
(C) of section 4758.30 of the Revised Code of an application	1160
submitted by an applicant who has obtained the applicant's	1161
education, experience in chemical dependency counseling or alcohol	1162
and other drug prevention services, or education and experience	1163
outside the United States, the chemical dependency professionals	1164
board shall determine whether the applicant's command of the	1165
English language and education or experience meet the standards	1166
required by this chapter and rules adopted under it.	1167

Sec. 4758.33. An individual seeking an independent chemical	1168
dependency counselor license shall meet either of the following	1169
requirements:	1170

(A) Meet all of the following requirements:

1171

(1) Hold from an accredited educational institution a	1172
master's degree in behavioral sciences that meets the course	1173
requirements specified in rules adopted under section 4758.15 of	1174
the Revised Code;	1175

(2) Have not less than four thousand hours of compensated	1176
work experience in the field of counseling, not less than eight	1177
hundred hours of which are in chemical dependency counseling;	1178

(3) Have a minimum of two hundred seventy hours of training	1179
in chemical dependency counseling that meets the requirements	1180
specified in rules adopted under section 4758.15 of the Revised	1181
Code;	1182

(4) Pass one or more examinations administered pursuant to	1183
section 4758.17 of the Revised Code for the purpose of determining	1184
competence to practice as an independent chemical dependency	1185
counselor.	1186

(B) Until the date the department of alcohol and drug	1187
addiction services ceases to administer its certification and	1188
credentialing process under section 3793.07 of the Revised Code,	1189
as specified in division (B) of that section, meet both of the	1190
following requirements:	1191

(1) On the effective date of this section, hold a	1192
certificate or credentials that were accepted under section	1193
3793.07 of the Revised Code as authority to practice as a	1194
certified chemical dependency counselor III or certified chemical	1195
dependency counselor III-E;	1196

(2) Meet one of the following requirements:

1197

(a) Hold the degree described in division (A)(1) of this	1198
section;	1199

(b) Have held a chemical dependency counselor III, II, or I	1200
certificate for at least eight consecutive years and have at least	1201
thirty hours of training approved by the chemical dependency	1202
professionals board in behavioral health diagnosis.	1203

Sec. 4758.34. An individual seeking a chemical dependency	1204
counselor III license shall meet any of the following	1205
requirements:	1206

(A) Meet all of the following requirements:

1207

(1) Hold from an accredited educational institution a	1208
bachelor's degree in a behavioral science that meets the course	1209
requirements specified in rules adopted under section 4758.15 of	1210
the Revised Code;	1211

(2) Have not less than four thousand hours of compensated	1212
work experience in the field of counseling, not less than eight	1213
hundred work hours of which are in chemical dependency counseling;	1214

(3) Have a minimum of two hundred seventy hours of training	1215
in chemical dependency that meets the requirements specified in	1216
rules adopted under section 4758.15 of the Revised Code;	1217

(4) Pass one or more examinations administered pursuant to	1218
section 4758.17 of the Revised Code for the purpose of determining	1219
competence to practice as a chemical dependency counselor III.	1220

(B) Until the date the department of alcohol and drug	1221
addiction services ceases to administer its certification and	1222
credentialing process under section 3793.07 of the Revised Code,	1223
as specified in division (B) of that section, meet both of the	1224
following requirements:	1225

(1) On the effective date of this section, hold a	1226
certificate or credentials that were accepted under section	1227
3793.07 of the Revised Code as authority to practice as a	1228
certified chemical dependency counselor III or certified chemical	1229
dependency counselor III-E;	1230

(2) Have not less than thirty hours of training approved by	1231
the chemical dependency professionals board in behavioral health	1232
diagnosis.	1233

(C) Until the date the department of alcohol and drug	1234
addiction services ceases to administer its certification and	1235
credentialing process under section 3793.07 of the Revised Code,	1236
as specified in division (B) of that section, meet all of the	1237
following requirements:	1238

(1) Hold a bachelor's degree in a behavioral science;

1239

(2) On the effective date of this section, hold a	1240
certificate or credentials that were accepted under section	1241
3793.07 of the Revised Code as authority to practice as a	1242
certified chemical dependency counselor II;	1243

(3) Have not less than thirty hours of training approved by	1244
the board in diagnosis of chemical dependency conditions.	1245

Sec. 4758.35. An individual seeking a chemical dependency	1246
counselor II license shall meet either of the following	1247
requirements:	1248

(A) Meet all of the following requirements:

1249

(1) Hold from an accredited educational institution an	1250
associate's degree in a behavioral science or a bachelor's degree	1251
in any field;	1252

(2)(a) If the individual holds an associate's degree, have	1253
not less than five thousand hours of compensated or volunteer work	1254
experience in counseling, not less than one thousand hours of	1255
which are in chemical dependency counseling;	1256

(b) If the individual holds a bachelor's degree, have not	1257
less than six thousand hours of compensated or volunteer work	1258
experience in counseling, not less than one thousand two hundred	1259
hours of which are in chemical dependency counseling.	1260

(3) Have a minimum of two hundred seventy hours of training	1261
in chemical dependency counseling that meets the requirements	1262
specified in rules adopted under section 4758.15 of the Revised	1263
Code;	1264

(4) Pass one or more examinations administered pursuant to	1265
section 4758.17 of the Revised Code for the purpose of determining	1266
competence to practice as a chemical dependency counselor II.	1267

(B) Until the date the department of alcohol and drug	1268
addiction services ceases to administer its certification and	1269
credentialing process under section 3793.07 of the Revised Code,	1270
as specified in division (B) of that section, meet both of the	1271
following requirements:	1272

(1) Hold a degree described in division (A)(1) of this	1273
section;	1274

(2) On the effective date of this section, hold a	1275
certificate or credentials that were accepted under section	1276
3793.07 of the Revised Code as authority to practice as a	1277
certified chemical dependency counselor II.	1278

Sec. 4758.36. An individual seeking a chemical dependency	1279
counselor assistant certificate shall meet either of the following	1280
requirements:	1281

(A) Have at least forty hours of training in chemical	1282
dependency counseling that meets the requirements specified in	1283
rules adopted under section 4758.15 of the Revised Code.	1284

(B) Until the date the department of alcohol and drug	1285
addiction services ceases to administer its certification and	1286
credentialing process under section 3793.07 of the Revised Code,	1287
as specified in division (B) of that section, hold, on the	1288
effective date of this section, a certificate or credentials that	1289
were accepted under section 3793.07 of the Revised Code as	1290
authority to practice as a registered candidate.	1291

Sec. 4758.37. An individual seeking a prevention specialist	1292
II certificate shall meet either of the following requirements:	1293

(A) Meet all of the following requirements:

1294

(1) Have compensated work experience in which not less than	1295
fifty per cent of the individual's time was devoted to planning,	1296
coordinating, or delivering alcohol and other drug prevention	1297
services;	1298

(2) Have one of the following:

1299

(a) A bachelor's degree in a behavioral science and at	1300
least six thousand hours of compensated work experience in alcohol	1301
and other drug prevention services;	1302

(b) A master's or doctoral degree in a behavioral science	1303
and at least four thousand hours of compensated work experience in	1304
alcohol and other drug prevention services.	1305

(3) Have at least two hundred seventy hours of	1306
prevention-related education that meets the requirements specified	1307
in rules adopted under section 4758.15 of the Revised Code;	1308

(4) Obtain a registered applicant certificate under this	1309
chapter and comply with the requirements of section 4758.43 of the	1310
Revised Code;	1311

(5) Pass the examination administered pursuant to section	1312
4758.17 of the Revised Code for the purpose of determining	1313
competence to practice as a prevention specialist II.	1314

(B) Until the date the department of alcohol and drug	1315
addiction services ceases to administer its certification and	1316
credentialing process under section 3793.07 of the Revised Code,	1317
as specified in division (B) of that section, meet both of the	1318
following requirements:	1319

(1) On the effective date of this section, hold a	1320
certificate or credentials that were accepted under section	1321
3793.07 of the Revised Code as authority to practice as a	1322
certified prevention specialist II;	1323

(2) Hold the degree and have the work experience specified	1324
in division (A)(2)(a) or (A)(2)(b) of this section.	1325

Sec. 4758.38. An individual seeking a prevention specialist I	1326
certificate shall meet either of the following requirements:	1327

(A) Meet all of the following requirements:

1328

(1) Have compensated or volunteer work experience in which	1329
not less than twenty per cent of the individual's time was devoted	1330
to planning or delivering alcohol and other drug prevention	1331
services;	1332

(2) Have one of the following:

1333

(a) At least six thousand hours of compensated or volunteer	1334
work experience in alcohol and other drug prevention services;	1335

(b) An associate's degree in a behavioral science and at	1336
least four thousand hours of compensated or volunteer work	1337
experience in alcohol and other drug prevention services;	1338

(c) A bachelor's, master's, or doctoral degree in a	1339
behavioral science and at least two thousand hours of compensated	1340
or volunteer work experience in alcohol and other drug prevention	1341
services.	1342

(3) Have at least one hundred eighty hours of	1343
prevention-related education that meets the requirements specified	1344
in rules adopted under section 4758.15 of the Revised Code;	1345

(4) Obtain a registered applicant certificate under this	1346
chapter and comply with the requirements of section 4758.43 of the	1347
Revised Code;	1348

(5) Pass the examination administered pursuant to section	1349
4758.17 of the Revised Code for the purpose of determining	1350
competence to practice as a prevention specialist I.	1351

(B) Until the date the department of alcohol and drug	1352
addiction services ceases to administer its certification and	1353
credentialing process under section 3793.07 of the Revised Code,	1354
as specified in division (B) of that section, meet both of the	1355
following requirements:	1356

(1) On the effective date of this section, hold a	1357
certificate or credentials that were accepted under section	1358
3793.07 of the Revised Code as authority to practice as a	1359
certified prevention specialist I;	1360

(2) Have the work experience specified in division	1361
(A)(2)(a) of this section or hold the degree and have the work	1362
experience specified in division (A)(2)(b) or (A)(2)(c) of this	1363
section.	1364

Sec. 4758.40. An individual who holds a license or	1365
certificate issued under this chapter shall post the license or	1366
certificate in a prominent place at the individual's place of	1367
employment.	1368

Sec. 4758.41. (A) Except as provided in division (B) of this	1369
section and in accordance with rules adopted under section 4758.15	1370
of the Revised Code, each individual who holds a license or	1371
certificate issued under this chapter shall complete during the	1372
period that the license or certificate is in effect not less than	1373
forty clock hours of continuing education as a condition of	1374
receiving a renewed license or certificate. To have an expired	1375
license or certificate restored, an individual shall complete the	1376
number of hours of continuing education specified in rules adopted	1377
under section 4758.15 of the Revised Code.	1378

(B) The chemical dependency professionals board may waive	1379
the continuing education requirements established under this	1380
section for individuals who are unable to fulfill them because of	1381
military service, illness, residence outside the United States, or	1382
any other reason the board considers acceptable.	1383

Sec. 4758.43. (A) Not later than four years after the	1384
effective date of a registered applicant certificate issued under	1385
this chapter, the individual issued the certificate shall submit	1386
to the chemical dependency professionals board documentation	1387
specified in rules adopted under section 4758.15 of the Revised	1388
Code showing that the individual has completed the requirements	1389
specified in those rules to take an examination administered	1390
pursuant to section 4758.17 of the Revised Code to obtain a	1391
prevention specialist II certificate or prevention specialist I	1392
certificate. If the individual submits the required documentation	1393
within the required time, the board shall notify the individual	1394
that the individual meets the requirements to take the	1395
examination. Not later than one year after the board so notifies	1396
the individual, the individual shall take the examination. If the	1397
individual fails the examination, the individual shall do both of	1398
the following:	1399

(1) Retake the examination at least two times per year until	1400
the individual passes the examination;	1401

(2) Not later than two years after the date of the first	1402
examination, renew the registered applicant certificate and	1403
complete forty hours of prevention-related education that meets	1404
the requirements specified in rules adopted under section 4758.15	1405
of the Revised Code.	1406

(B) If an individual holding a registered applicant	1407
certificate fails to meet any of the requirements of division (A)	1408
of this section, the board shall revoke the individual's	1409
registered applicant certificate. The individual may not apply to	1410
the board for a new registered applicant certificate earlier than	1411
a period of time the board shall determine in accordance with	1412
rules adopted under section 4758.15 of the Revised Code.	1413

Sec. 4758.45. (A) An individual holding a valid independent	1414
chemical dependency counselor license may do both of the	1415
following:	1416

(1) Diagnose and treat chemical dependency conditions;

1417

(2) Perform treatment planning, assessment, crisis	1418
intervention, individual and group counseling, case management,	1419
and education services as they relate to abuse of and dependency	1420
on alcohol and other drugs.	1421

(B) An independent chemical dependency counselor may	1422
practice as an individual practitioner or member of a partnership	1423
or group practice or at an alcohol and drug addiction program	1424
certified by the department of alcohol and drug addiction services	1425
under section 3793.06 of the Revised Code.	1426

Sec. 4758.46. (A) An individual holding a valid chemical	1427
dependency counselor III license may do all of the following:	1428

(1) Diagnose chemical dependency conditions under the	1429
supervision of any of the following:	1430

(a) An independent chemical dependency counselor licensed	1431
under this chapter;	1432

(b) An individual authorized under Chapter 4731. of the	1433
Revised Code to practice medicine and surgery or osteopathic	1434
medicine and surgery;	1435

(c) A psychologist licensed under Chapter 4732. of the	1436
Revised Code;	1437

(d) A registered nurse licensed under Chapter 4723. of the	1438
Revised Code or professional clinical counselor or independent	1439
social worker licensed under Chapter 4757. of the Revised Code if	1440
such supervision is consistent with the scope of practice of the	1441
registered nurse, professional clinical counselor, or independent	1442
social worker.	1443

(2) Treat chemical dependency conditions;

1444

(3) Perform treatment planning, assessment, crisis	1445
intervention, individual and group counseling, case management,	1446
and education services as they relate to abuse of and dependency	1447
on alcohol and other drugs.	1448

(B) A chemical dependency counselor III may practice as a	1449
member of a partnership or group practice or at an alcohol and	1450
drug addiction program certified by the department of alcohol and	1451
drug addiction services under section 3793.06 of the Revised Code.	1452
A chemical dependency counselor III may not practice as an	1453
individual practitioner.	1454

Sec. 4758.47. (A) An individual holding a valid chemical	1455
dependency counselor II license may perform assessment, crisis	1456
intervention, individual and group counseling, case management,	1457
and education services as they relate to abuse of and dependency	1458
on alcohol and other drugs.	1459

(B) A chemical dependency counselor II may practice as a	1460
member of a partnership or group practice or at an alcohol and	1461
drug addiction program certified by the department of alcohol and	1462
drug addiction services under section 3793.06 of the Revised Code.	1463
A chemical dependency counselor II may not practice as an	1464
individual practitioner.	1465

Sec. 4758.48. (A) Until six years after the effective date	1466
of this section, an individual holding a valid chemical dependency	1467
counselor I certificate may perform assessment, crisis	1468
intervention, individual and group counseling, case management,	1469
and education services as they relate to abuse of and dependency	1470
on alcohol and other drugs.	1471

(B) A chemical dependency counselor I may practice as a	1472
member of a partnership or group practice or at an alcohol and	1473
drug addiction program certified by the department of alcohol and	1474
drug addiction services under section 3793.06 of the Revised Code.	1475
A chemical dependency counselor I may not practice as an	1476
individual practitioner.	1477

Sec. 4758.49. An individual holding a valid chemical	1478
dependency counselor assistant certificate may perform, under the	1479
supervision of any of the following, assessment, crisis	1480
intervention, individual and group counseling, case management,	1481
and education services as they relate to abuse of or dependency on	1482
alcohol and other drugs:	1483

(A) An independent chemical dependency counselor or	1484
chemical dependency counselor III licensed under this chapter;	1485

(B) An individual authorized under Chapter 4731. of the	1486
Revised Code to practice medicine and surgery or osteopathic	1487
medicine and surgery;	1488

(C) A psychologist licensed under Chapter 4732. of the	1489
Revised Code;	1490

(D) A registered nurse licensed under Chapter 4723. of the	1491
Revised Code or professional clinical counselor or independent	1492
social worker licensed under Chapter 4757. of the Revised Code if	1493
such supervision is consistent with the scope of practice of the	1494
registered nurse, professional clinical counselor, or independent	1495
social worker.	1496

Sec. 4758.50. An individual who holds a valid prevention	1497
specialist II certificate or prevention specialist I certificate	1498
issued under this chapter may engage in the practice of alcohol	1499
and drug addiction prevention services.	1500

Sec. 4758.51. An individual who holds a valid registered	1501
applicant certificate issued under this chapter may engage in the	1502
practice of alcohol and drug addiction prevention services under	1503
the supervision of an individual holding a valid prevention	1504
specialist II certificate or prevention specialist I certificate	1505
issued under this chapter.	1506

Sec. 4758.60. This chapter does not apply to any of the	1507
following:	1508

(A) Individuals who are licensed or registered or hold a	1509
certificate issued under another chapter of the Revised Code while	1510
performing services within the recognized scope, standards, and	1511
ethics of their respective professions;	1512

(B) An individual who is a rabbi, priest, Christian Science	1513
practitioner, clergy, or member of a religious order and other	1514
individuals participating with them in pastoral counseling when	1515
the chemical dependency counseling activities are within the scope	1516
of the performance of their regular or specialized ministerial	1517
duties and are performed under the auspices or sponsorship of an	1518
established and legally cognizable church, denomination, or sect	1519
or an integrated auxiliary of a church as defined in paragraph (h)	1520
of 26 Code of Federal Regulations 1.6033-2 (2000) as amended, and	1521
the individual rendering the service remains accountable to the	1522
established authority of that church, denomination, sect, or	1523
integrated auxiliary;	1524

(C) A student in an accredited educational institution	1525
while carrying out activities that are part of the student's	1526
prescribed course of study if the activities are supervised as	1527
required by the educational institution and the student is not	1528
represented as an individual who holds a license or certificate	1529
issued under this chapter.	1530

Sec. 4758.61. Except to the extent of providing services	1531
authorized by this chapter, this chapter does not authorize any	1532
individual to engage in the practice of psychology as defined in	1533
section 4732.01 of the Revised Code.	1534

Except to the extent of providing services authorized by	1535
this chapter, this chapter does not authorize any individual to	1536
engage in the practice of professional counseling or social work,	1537
as those terms are defined in section 4757.01 of the Revised Code.	1538

Sec. 4758.62. Nothing in this chapter or the rules adopted	1539
under it authorizes an individual who holds a license or	1540
certificate issued under this chapter to admit a patient to a	1541
hospital or requires a hospital to allow any such individual to	1542
admit a patient.	1543

Sec. 4758.99. Whoever violates section 4758.02 of the Revised	1544
Code is guilty of a misdemeanor of the fourth degree on a first	1545
offense; on each subsequent offense, the person is guilty of a	1546
misdemeanor of the third degree.	1547

Section 2. That existing sections 2317.02, 3793.07, 4745.01,	1548
and 4757.41 of the Revised Code are hereby repealed.	1549

Section 3. That Sections 6, 7, and 8 of Am. Sub. S.B. 172 of	1550
the 123rd General Assembly are hereby repealed.	1551

Section 4. Within ninety days after the effective date of	1552
this section, the Governor shall appoint the initial members of	1553
the Chemical Dependency Professionals Board, in accordance with	1554
section 4758.04 of the Revised Code. Such an appointee is not	1555
required, at the time of appointment, to hold an independent	1556
chemical dependency counselor license, chemical dependency	1557
counselor III license, prevention specialist II certificate, or	1558
prevention specialist I certificate. However, the appointee shall	1559
possess at the time of appointment any education, work experience,	1560
and training standards as specified in Chapter 4758. of the	1561
Revised Code that are necessary to obtain such a license or	1562
certificate. The appointee may remain a board member only if the	1563
appointee obtains an independent chemical dependency counselor	1564
license, chemical dependency counselor III license, prevention	1565
specialist II certificate, or prevention specialist I certificate,	1566
as appropriate for the member's appointment, not later than one	1567
year after the effective date of this section.	1568

Section 5. Sections 1 to 4 of this act shall take effect June	1569
30, 2002.	1570

Section 6. The Department of Alcohol and Drug Addiction	1571
Services shall work with the Chemical Dependency Professionals	1572
Board to enable the orderly transition from the Department's	1573
issuance of certificates and credentials under section 3793.07 of	1574
the Revised Code to the Board's issuance of certificates and	1575
licenses under Chapter 4758. of the Revised Code. The transition	1576
shall be completed at the earlier of the following:	1577

(A) The date, which shall be specified in an agreement	1578
between the Department and Board, on which the Board is to assume	1579
the department's duties;	1580

(B) June 30, 2004.

1581

Section 7. All items in this section are hereby appropriated	1582
as designated out of any moneys in the state treasury to the	1583
credit of the Occupational Licensing and Regulatory Fund. For all	1584
appropriations made in this act, those in the first column are for	1585
fiscal year 2002 and those in the second column are for fiscal	1586
year 2003. The appropriations made in this act are in addition to	1587
any other appropriations made for the 2001-2003 biennium.	1588

CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

1589

Within the limits set forth in this act, the Director of	1594
Budget and Management shall establish accounts indicating source	1595
and amount of funds for each appropriation made in this act, and	1596
shall determine the form and manner in which appropriation	1597
accounts shall be maintained. Expenditures from appropriations	1598
contained in this act shall be accounted for as though made in Am.	1599
Sub. H.B. 94 of the 124th General Assembly.	1600

The appropriations made in this act are subject to all	1601
provisions of Am. Sub. H.B. 94 of the 124th General Assembly that	1602
are generally applicable to such appropriations.	1603

This section is not subject to the referendum. Therefore,	1604
under Ohio Constitution, Article II, Section 1d and section 1.471	1605
of the Revised Code, the section goes into immediate effect when	1606
it becomes law.	1607