SENATORS Wachtmann, Prentiss, Fingerhut, Jacobson, Hagan, Armbruster, Blessing, Brady, DiDonato, Harris, Oelslager, Spada

To amend sections 124.32, 124.41, 124.42, 124.50,

1

503.45, 503.47, 505.38, 709.012, 737.15, 737.16,

2

737.22, 911.11, 1561.26, 2151.53, 2743.62,

3

2907.29, 3107.02, 3111.91, 3319.13, 3327.10,

4

3331.02, 3331.06, 3331.07, 3773.41, 3773.42,

5

3773.45, 3919.29, 4506.10, 4507.20, 4715.30,

6

4933.122, 5104.011, and 5503.08 and to enact

7

sections 1.64 and 5103.0327 of the Revised Code to

8

provide that certain medical physical examinations

9

required by statute may be performed by clinical

10

nurse specialists, certified nurse practitioners,

11

and certified nurse-midwives.

12

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

Section 1. That sections 124.32, 124.41, 124.42, 124.50,	13
503.45, 503.47, 505.38, 709.012, 737.15, 737.16, 737.22, 911.11,	14
1561.26, 2151.53, 2743.62, 2907.29, 3107.02, 3111.91, 3319.13,	15
3327.10, 3331.02, 3331.06, 3331.07, 3773.41, 3773.42, 3773.45,	16
3919.29, 4506.10, 4507.20, 4715.30, 4933.122, 5104.011, and	17
5503.08 be amended and sections 1.64 and 5103.0327 of the Revised	18
Code be enacted to read as follows:	19

Sec. 1.64. As used in the Revised Code:

20

(A) "Certified nurse-midwife" means a registered nurse who	21
holds a valid certificate of authority issued under Chapter 4723.	22
of the Revised Code that authorizes the practice of nursing as a	23
certified nurse-midwife in accordance with section 4723.43 of the	24
Revised Code and rules adopted by the board of nursing.	25

(B) "Certified nurse practitioner" means a registered nurse	26
who holds a valid certificate of authority issued under Chapter	27
4723. of the Revised Code that authorizes the practice of nursing	28
as a certified nurse practitioner in accordance with section	29
4723.43 of the Revised Code and rules adopted by the board of	30
nursing.	31

(C) "Clinical nurse specialist" means a registered nurse who	32
holds a valid certificate of authority issued under Chapter 4723.	33
of the Revised Code that authorizes the practice of nursing as a	34
clinical nurse specialist in accordance with section 4723.43 of	35
the Revised Code and rules adopted by the board of nursing.	36

Sec. 124.32.  (A) With the consent of the director of	38
administrative services, a person holding an office or position in	39
the classified service may be transferred to a similar position in	40
another office, department, or institution having the same pay and	41
similar duties; but no transfer shall be made from an office or	42
position in one class to an office or position in another class,	43
nor shall a person be transferred to an office or position for	44
original entrance to which there is required by sections 124.01 to	45
124.64 of the Revised Code, or the rules adopted pursuant to such	46
sections, an examination involving essential tests or	47
qualifications or carrying a salary different from or higher than	48
those required for original entrance to an office or position held	49
by such person.	50

(B) Any person holding an office or position under the	51
classified service who has been separated from the service without	52
delinquency or misconduct on the person's part may, with the	53
consent of the director, be reinstated within one year from the	54
date of such separation to a vacancy in the same or similar office	55
or position in the same department; provided, if such separation	56
is due to injury or physical disability, such person shall be	57
reinstated to the same office or similar position held at the time	58
of separation, within thirty days after written application for	59
reinstatement and after passing a physical examination made by a	60
licensed physician designated by the appointing authority, a	61
clinical nurse specialist, a certified nurse practitioner, or a	62
certified nurse-midwife showing that the person has recovered from	63
such disability, provided further that such application for	64
reinstatement be filed within three years from the date of	65
separation, and further provided that such application shall not	66
be filed after the date of service eligibility retirement. The	67
physician, clinical nurse specialist, certified nurse	68
practitioner, or certified nurse-midwife shall be designated by	69
the appointing authority.	70

Sec. 124.41.  No person shall be eligible to receive an	71
original appointment to a police department, as a police officer,	72
subject to the civil service laws of this state, unless the person	73
has reached the age of twenty-one and has, not more than one	74
hundred twenty days prior to the date of such appointment, passed	75
a physical examination, given by a licensed physician, a clinical	76
nurse specialist, a certified nurse practitioner, or a certified	77
nurse-midwife, certifying that the applicant is free of	78
cardiovascular and pulmonary diseases, and showing that the	79
applicant meets the physical requirements necessary to perform the	80
duties of a police officer as established by the civil service	81
commission having jurisdiction over the appointment. The	82
appointing authority shall, prior to making any such appointment,	83
file with the Ohio police and fire pension fund a copy of the	84
report or findings of the licensed physician, clinical nurse	85
specialist, certified nurse practitioner, or certified	86
nurse-midwife. The professional fee for such physical examination	87
shall be paid by the civil service commission. Except as	88
otherwise provided in this section, no person is eligible to	89
receive an original appointment when the person is thirty-five	90
years of age or older, and no person can be declared disqualified	91
as over age prior to that time. The maximum age limitation	92
established by this section does not apply to a city in which an	93
ordinance establishes a different maximum age limitation for an	94
original appointment to the police department or to a civil	95
service township in which a resolution adopted by the board of	96
trustees of the township establishes a different maximum age	97
limitation for an original appointment to the police department.	98

Nothing in this section shall prevent a municipal corporation	99
or a civil service township from establishing a police cadet	100
program and employing persons as police cadets at age eighteen for	101
the purposes of training persons to become police officers. The	102
board of trustees of a civil service township may establish by	103
resolution such a cadet program. A person participating in a	104
municipal or township police cadet program shall not be permitted	105
to carry or use any firearm in the performance of the person's	106
duties, except that the person may be taught the proper use of	107
firearms as part of the person's training.	108

Sec. 124.42.  No person shall be eligible to receive an	109
original appointment as a firefighter in a fire department,	110
subject to the civil service laws of this state, unless the person	111
has reached the age of eighteen and has, not more than one hundred	112
twenty days prior to receiving such appointment, passed a physical	113
examination, given by a licensed physician, a clinical nurse	114
specialist, a certified nurse practitioner, or a certified	115
nurse-midwife, certifying that the applicant is free of	116
cardiovascular and pulmonary diseases, and showing that the person	117
meets the physical requirements necessary to perform the duties of	118
a firefighter as established by the civil service commission	119
having jurisdiction over the appointment. The appointing	120
authority shall, prior to making any such appointment, file with	121
the Ohio police and fire pension fund a copy of the report or	122
findings of said licensed physician, clinical nurse specialist,	123
certified nurse practitioner, or certified nurse-midwife. The	124
professional fee for such physical examination shall be paid by	125
the civil service commission. No person shall be eligible to	126
receive an original appointment on and after the person's	127
thirty-first birthday.	128

Notwithstanding this section, a municipal council may enact	129
an ordinance providing that a person between the age of eighteen	130
and thirty-six may receive an original appointment to the fire	131
department, or the board of trustees of a civil service township	132
may do so by resolution. Nothing in this section shall prevent a	133
municipal corporation or civil service township from establishing	134
a fire cadet program and employing persons as fire cadets at age	135
eighteen for the purpose of training persons to become	136
firefighters. The board of trustees of a civil service township	137
may establish by resolution such a cadet program. A person	138
participating in a municipal or township fire cadet program shall	139
not be permitted to carry or use any firearm in the performance of	140
the person's duties.	141

Sec. 124.50.  Any person holding an office or position under	142
the classified service in a fire department or a police department	143
who is separated therefrom due to injury or physical disability	144
incurred in the performance of duty shall be reinstated	145
immediately, or one suffering injury or physical disability	146
incurred other than in the performance of duty may be reinstated,	147
upon filing with the chief of the fire department or the chief of	148
the police department, a written application for reinstatement, to	149
the office or position he held at the time of such separation,	150
after passing a physical examination showing that hethe person	151
has recovered from the injury or other physical disability. The	152
physical examination shall be made by a licensed physician	153
designated by the firemen's pension board or the policemen's	154
pension board, a clinical nurse specialist, a certified nurse	155
practitioner, or a certified nurse-midwife within two weeks after	156
application for reinstatement has been made, provided such	157
application for reinstatement is filed within five years from the	158
date of separation from the department, and further provided that	159
such application shall not be filed after the date of service	160
eligibility retirement. The physician, clinical nurse specialist,	161
certified nurse practitioner, or certified nurse-midwife shall be	162
designated by the firefighters' pension board or the police	163
officers' pension board.	164

Any person holding an office or position under the classified	165
service in a fire department or a police department, who resigns	166
therefrom, may be reinstated to the rank of firemanfirefighter or	167
policemanpolice officer, upon the filing of a written application	168
for reinstatement with the municipal or civil service township	169
civil service commission and a copy thereof with the chief of the	170
fire department or chief of the police department, and upon	171
passing a physical examination disclosing that the person is	172
physically fit to perform the duties of the office of fireman	173
firefighter or policemanpolice officer, the application for	174
reinstatement shall be filed within one year from the date of	175
resignation. Any person reinstated pursuant to the authority of	176
this paragraph shall not receive credit for seniority earned prior	177
to resignation and reinstatement, and shall not be entitled to	178
reinstatement to a position above the rank of firemanregular	179
firefighter or patrolmanpatrol officer, regardless of the	180
position the person may have held at the time of his resignation.	181

Sec. 503.45.  If a board of township trustees has adopted a	182
resolution under section 503.41 of the Revised Code, the	183
application for a license as a masseur or masseusemassager shall	184
be made to the board and shall include the following:	185

(A) An initial, nonrefundable filing fee of one hundred	186
dollars and an annual nonrefundable renewal fee of fifty dollars;	187

(B) The results of a physical examination performed by a	188
licensed physician, a clinical nurse specialist, a certified nurse	189
practitioner, or a certified nurse-midwife within thirty days of	190
the application certifying that the applicant is free from	191
communicable diseases;	192

(C) The full name, date of birth, address, and social	193
security number of the applicant;	194

(D) The results of an investigation by appropriate police	195
agencies into the criminal record of the applicant, including a	196
photograph taken no later than thirty days prior to the	197
application, fingerprints, and background investigation;	198

(E) Any other information determined by the board to be	199
necessary.	200

A license issued under this section to a masseur or masseuse	201
massager shall expire one year after the date of issuance, except	202
that no masseur or masseusemassager shall be required to	203
discontinue performing massages because of the failure of the	204
board to act on a renewal application filed in a timely manner and	205
pending before the board on the expiration date of the person's	206
license. Each license shall contain the full name of the	207
applicant, a color photograph and a brief description of the	208
person, and the expiration date of the license.	209

Sec. 503.47.  If a board of township trustees has adopted a	210
resolution under section 503.41 of the Revised Code, the	211
regulations adopted for that purpose may require any of the	212
following:	213

(A) A massage establishment to display its current permit in	214
an area open to the public;	215

(B) Each masseur or masseusemassager to display his or her	216
the massager's license at all times in the areas where the	217
licensee is providing massages;	218

(C) Massage establishments to undergo periodic health and	219
safety inspections to determine continual compliance with	220
applicable health and safety codes;	221

(D) Masseurs and masseusesMassagers to undergo periodic	222
physical examinations performed by a licensed physician, a	223
clinical nurse specialist, a certified nurse practitioner, or a	224
certified nurse-midwife certifying that the masseur or masseuse	225
massager continues to be free from communicable diseases;	226

(E) Any other requirement reasonably thought necessary by	227
the board.	228

Sec. 505.38.  (A) In each township or fire district that has	229
a fire department, the head of the department shall be a fire	230
chief, appointed by the board of township trustees, except that,	231
in a joint fire district, the fire chief shall be appointed by the	232
board of fire district trustees. Neither this section nor any	233
other section of the Revised Code requires, or shall be construed	234
to require, that the fire chief be a resident of the township or	235
fire district.	236

The board shall provide for the employment of firefighters	237
as it considers best and shall fix their compensation. No person	238
shall be appointed as a permanent full-time paid member, whose	239
duties include fire fighting, of the fire department of any	240
township or fire district unless that person has received a	241
certificate issued under former section 3303.07 or section 4765.55	242
of the Revised Code evidencing satisfactory completion of a	243
firefighter training program. Those appointees shall continue in	244
office until removed from office as provided by sections 733.35	245
to 733.39 of the Revised Code. To initiate removal proceedings,	246
and for that purpose, the board shall designate the fire chief or	247
a private citizen to investigate the conduct and prepare the	248
necessary charges in conformity with sections 733.35 to 733.39 of	249
the Revised Code.	250

In case of the removal of a fire chief or any member of the	251
fire department of a township or fire district, an appeal may be	252
had from the decision of the board to the court of common pleas of	253
the county in which the township or fire district fire department	254
is situated to determine the sufficiency of the cause of removal.	255
The appeal from the findings of the board shall be taken within	256
ten days.	257

No person who is appointed as a volunteer firefighter of the	258
fire department of any township or fire district shall remain in	259
that position unless either of the following applies:	260

(1) Within one year of the appointment, the person has	261
received a certificate issued under former section 3303.07 of the	262
Revised Code or division (C)(1) or (2) of section 4765.55 of the	263
Revised Code evidencing satisfactory completion of a firefighter	264
training program.	265

(2) The person began serving as a permanent full-time paid	266
firefighter with the fire department of a city or village prior to	267
July 2, 1970, or as a volunteer firefighter with the fire	268
department of a city, village, or other township or fire district	269
prior to July 2, 1979, and receives a certificate issued under	270
division (C)(3) of section 4765.55 of the Revised Code.	271

No person shall receive an appointment under this section, in	272
the case of a volunteer firefighter, unless the person has, not	273
more than sixty days prior to receiving the appointment, passed a	274
physical examination, given by a licensed physician, a clinical	275
nurse specialist, a certified nurse practitioner, or a certified	276
nurse-midwife, showing that the person meets the physical	277
requirements necessary to perform the duties of the position to	278
which the person is appointed as established by the board of	279
township trustees having jurisdiction over the appointment. The	280
appointing authority shall, prior to making an appointment, file	281
with the Ohio police and fire pension fund or the local volunteer	282
fire fighters' dependents fund board a copy of the report or	283
findings of that licensed physician, clinical nurse specialist,	284
certified nurse practitioner, or certified nurse-midwife. The	285
professional fee for the physical examination shall be paid for	286
by the board of township trustees.	287

(B) In each township not having a fire department, the board	288
of township trustees shall appoint a fire prevention officer who	289
shall exercise all of the duties of a fire chief except those	290
involving the maintenance and operation of fire apparatus. The	291
board of township trustees may appoint one or more deputy fire	292
prevention officers who shall exercise the duties assigned by the	293
fire prevention officer.	294

The board of township trustees may fix the compensation for	295
the fire prevention officer and the fire prevention officer's	296
deputies as it considers best. The board of township trustees	297
shall appoint each fire prevention officer and deputy for a	298
one-year term. An appointee may be reappointed at the end of a	299
term to another one-year term. Any appointee may be removed from	300
office during a term as provided by sections 733.35 to 733.39 of	301
the Revised Code. Section 505.45 of the Revised Code extends to	302
those officers.	303

(C) Division (A) of this section shall not apply to any	304
township that has a population of ten thousand or more persons	305
residing within the township and outside of any municipal	306
corporation, that has its own fire department employing ten or	307
more full-time paid employees, and that has a civil service	308
commission established under division (B) of section 124.40 of the	309
Revised Code. The township shall comply with the procedures for	310
the employment, promotion, and discharge of firefighters provided	311
by Chapter 124. of the Revised Code, except that the board of	312
township trustees of the township may appoint the fire chief, and	313
any person so appointed shall be in the unclassified service under	314
section 124.11 of the Revised Code and shall serve at the pleasure	315
of the board. Neither this section nor any other section of the	316
Revised Code requires, or shall be construed to require, that the	317
fire chief be a resident of the township. A person who is	318
appointed fire chief under these conditions and who is removed by	319
the board or resigns from the position is entitled to return to	320
the classified service in the township fire department in the	321
position held just prior to the appointment as fire chief. The	322
board of township trustees shall determine the number of personnel	323
required and establish salary schedules and conditions of	324
employment not in conflict with Chapter 124. of the Revised Code.	325
No person shall receive an original appointment as a permanent	326
full-time paid member of the fire department of the township	327
unless the person has received a certificate issued under former	328
section 3303.07 or section 4765.55 of the Revised Code evidencing	329
the satisfactory completion of a firefighter training program.	330
Persons employed as firefighters in the township on the date a	331
civil service commission is appointed pursuant to division (B) of	332
section 124.40 of the Revised Code shall, without being required	333
to pass a competitive examination or a firefighter training	334
program, retain their employment and any rank previously granted	335
them by action of the board of township trustees or otherwise, but	336
those persons are eligible for promotion only by compliance with	337
Chapter 124. of the Revised Code.	338

Sec. 709.012.  When a municipal corporation annexes township	339
territory which results in a reduction of the firefighting force	340
of the township or joint township fire district, the reduction	341
shall be made by dismissal of firefighters in the inverse order of	342
seniority, with the employee with least time of service being	343
dismissed first. The annexing municipal corporation shall offer	344
employment in the inverse order of dismissal by the township to	345
such firefighters if a vacancy exists in the municipal fire	346
department and if they:	347

(A) Were full-time paid active members of the township or	348
joint township firefighting force for at least six months prior to	349
dismissal and have made application to the municipal corporation	350
within sixty days after the effective date of dismissal;	351

(B) Have passed a physical examination as prescribed by the	352
physician of the annexing municipal corporation and meet the	353
requirements necessary to perform firefighting duties;	354

(C) Meet minimum standards of the municipal corporation with	355
respect to moral character, literacy, and ability to understand	356
oral and written instructions as determined by an interview	357
conducted by the fire department of the municipal corporation. The	358
applicant shall be at least twenty-one years of age on the date of	359
application.	360

(D) Are able to qualify for membership in the Ohio police	361
and fire pension fund.	362

A physical examination required by division (B) of this	363
section may be conducted by any individual authorized by the	364
Revised Code to conduct physical examinations, including a	365
clinical nurse specialist, a certified nurse practitioner, or a	366
certified nurse-midwife.	367

If no vacancy exists in the municipal fire department at the	368
time of the application referred to in division (A) of this	369
section, the application shall be held until a vacancy occurs.	370
When such a vacancy occurs, the applicant shall be entitled to	371
employment in accordance with the requirements of divisions (A),	372
(B), (C), and (D) of this section. So long as any application for	373
employment has been made and is being held under this section, the	374
municipal corporation shall not fill any vacancy in its fire	375
department by original appointment. If there are individuals who	376
are entitled to reinstatement in the municipal fire department and	377
the vacancies therein are insufficient to permit both such	378
reinstatements and employment of all those applying for employment	379
under division (A) of this section, the persons having the	380
greatest length of service, whether with the municipal or township	381
fire department, shall be entitled to fill the vacancies as they	382
occur.	383

A person employed under this section, upon acceptance into	384
the municipal fire department, shall be given the rank of	385
"firefighter" and entitled to full seniority credit for prior	386
service in the township or joint township fire district. The	387
person shall be entitled to the same salary, future benefits,	388
vacations, earned time, sick leave, and other rights and	389
privileges as the municipal fire department extends to other	390
employees with the same amount of prior service. The person may	391
take promotional examinations only after completion of one year of	392
service with the municipal fire department and after meeting any	393
applicable civil service requirements for such examination.	394

Compliance with this section is in lieu of compliance with	395
section 124.42 of the Revised Code or any other requirements for	396
original appointment to a municipal fire district.	397

Sec. 737.15.  Each village shall have a marshal, designated	398
chief of police, appointed by the mayor with the advice and	399
consent of the legislative authority of the village, who need not	400
be a resident of the village at the time of appointment but shall	401
become a resident thereof within six months after appointment by	402
the mayor and confirmation by the legislative authority unless	403
such residence requirement is waived by ordinance, and who shall	404
continue in office until removed therefrom as provided by section	405
737.171 of the Revised Code.	406

No person shall receive an appointment under this section	407
after January 1, 1970, unless, not more than sixty days prior to	408
receiving such appointment, the person has passed a physical	409
examination, given by a licensed physician, a clinical nurse	410
specialist, a certified nurse practitioner, or a certified	411
nurse-midwife, showing that the person meets the physical	412
requirements necessary to perform the duties of village marshal as	413
established by the legislative authority of the village. The	414
appointing authority shall, prior to making any such appointment,	415
file with the Ohio police and fire pension fund a copy of the	416
report or findings of said licensed physician, clinical nurse	417
specialist, certified nurse practitioner, or certified	418
nurse-midwife. The professional fee for such physical examination	419
shall be paid for by such legislative authority.	420

Sec. 737.16.  The mayor shall, when provided for by the	421
legislative authority of a village, and subject to its	422
confirmation, appoint all deputy marshals, police officers, night	423
guards, and special police officers. All such officers shall	424
continue in office until removed therefrom for the cause and in	425
the manner provided by section 737.19 of the Revised Code.	426

No person shall receive an appointment under this section	427
after January 1, 1970, unless the person has, not more than sixty	428
days prior to receiving such appointment, passed a physical	429
examination, given by a licensed physician, a clinical nurse	430
specialist, a certified nurse practitioner, or a certified	431
nurse-midwife, showing that the person meets the physical	432
requirements necessary to perform the duties of the position to	433
which the person is to be appointed as established by the	434
legislative authority of the village. The appointing authority	435
shall, prior to making any such appointment, file with the Ohio	436
police and fire pension fund a copy of the report or findings of	437
said licensed physician, clinical nurse specialist, certified	438
nurse practitioner, or certified nurse-midwife. The professional	439
fee for such physical examination shall be paid for by the	440
legislative authority.	441

Sec. 737.22.  (A) Each village establishing a fire	442
department shall have a fire chief as the department's head,	443
appointed by the mayor with the advice and consent of the	444
legislative authority of the village, who shall continue in office	445
until removed from office as provided by sections 733.35 to	446
733.39 of the Revised Code. Neither this section nor any other	447
section of the Revised Code requires, or shall be construed to	448
require, that the fire chief be a resident of the village.	449

In each village not having a fire department, the mayor	450
shall, with the advice and consent of the legislative authority of	451
the village, appoint a fire prevention officer who shall exercise	452
all of the duties of a fire chief except those involving the	453
maintenance and operation of fire apparatus.	454

The legislative authority of the village may fix the	455
compensation it considers best. The appointee shall continue in	456
office until removed from office as provided by sections 733.35	457
to 733.39 of the Revised Code. Section 737.23 of the Revised Code	458
shall extend to the officer.	459

(B) The legislative authority of the village may provide for	460
the appointment of permanent full-time paid firefighters as it	461
considers best and fix their compensation, or for the services of	462
volunteer firefighters, who shall be appointed by the mayor with	463
the advice and consent of the legislative authority, and shall	464
continue in office until removed from office.	465

(1) No person shall be appointed as a permanent full-time	466
paid firefighter of a village fire department, unless either of	467
the following applies:	468

(a) The person has received a certificate issued under	469
former section 3303.07 of the Revised Code or division (C)(1) or	470
(2) of section 4765.55 of the Revised Code evidencing satisfactory	471
completion of a firefighter training program.	472

(b) The person began serving as a permanent full-time paid	473
firefighter with the fire department of a city or other village	474
prior to July 2, 1970, and receives a certificate issued under	475
division (C)(3) of section 4765.55 of the Revised Code.	476

(2) No person who is appointed as a volunteer firefighter of	477
a village fire department shall remain in that position, unless	478
either of the following applies:	479

(a) Within one year of the appointment, the person has	480
received a certificate issued under former section 3303.07 or	481
section 4765.55 of the Revised Code evidencing satisfactory	482
completion of a firefighter training program.	483

(b) The person has served as a permanent full-time paid	484
firefighter with the fire department of a city or other village	485
prior to July 2, 1970, or as a volunteer firefighter with the fire	486
department of a city, township, fire district, or other village	487
prior to July 2, 1979, and receives a certificate issued under	488
division (C)(3) of section 4765.55 of the Revised Code.	489

(3) No person shall receive an appointment under this	490
section unless the person has, not more than sixty days prior to	491
receiving the appointment, passed a physical examination, given	492
by a licensed physician, a clinical nurse specialist, a certified	493
nurse practitioner, or a certified nurse-midwife, showing that the	494
person meets the physical requirements necessary to perform the	495
duties of the position to which the person is to be appointed as	496
established by the legislative authority of the village. The	497
appointing authority shall, prior to making an appointment, file	498
with the Ohio police and fire pension fund or the local volunteer	499
fire fighters' dependents fund board a copy of the report or	500
findings of that licensed physician, clinical nurse specialist,	501
certified nurse practitioner, or certified nurse-midwife. The	502
professional fee for the physical examination shall be paid for	503
by the legislative authority of the village.	504

Sec. 911.11.  The director of agriculture may require any	505
person intending to work or working in a bakery to submit to a	506
thorough examination for the purpose of ascertaining whether the	507
person is afflicted with any contagious, infectious, or other	508
disease or physical ailment, which may render employment	509
detrimental to the public health. All such examinations shall be	510
made by a qualified physician certified under section 4731.14 of	511
the Revised Code, by a clinical nurse specialist, by a certified	512
nurse practitioner, or by a certified nurse-midwife.	513

Sec. 1561.26.  (A) As used in this section, "EMT-basic,"	514
"EMT-I," and "paramedic" have the same meanings as in section	515
4765.01 of the Revised Code.	516

(B) The superintendent of rescue stations, with the approval	517
of the chief of the division of mineral resources management,	518
shall, at each rescue station provided for in section 1561.25 of	519
the Revised Code, train and employ rescue crews of six members	520
each, one of whom shall hold a mine foreperson or fire boss	521
certificate and be designated captain, and train and employ any	522
number of such rescue crews as the superintendent believes	523
necessary. One member of a rescue crew shall be certified as an	524
EMT-basic, EMT-I, or paramedic. Each member of a rescue crew	525
shall devote the time specified by the chief each month for	526
training purposes and shall be available at all times to assist in	527
rescue work at explosions, mine fires, and other emergencies.	528

A captain of mine rescue crews shall receive for service as	529
captain the sum of twenty-four dollars per month, and each member	530
shall receive the sum of twenty dollars per month, all payable on	531
requisition approved by the chief. When engaged in rescue work at	532
explosions, mine fires, or other emergencies away from their	533
station, the members of the rescue crews and captains of the same	534
shall be paid the sum of six dollars per hour for work on the	535
surface, which includes the time consumed by those members in	536
traveling to and from the scene of the emergency when the scene	537
is away from the station of the members, and the sum of seven	538
dollars per hour for all work underground at the emergency, and	539
in addition thereto, the necessary living expenses of the members	540
when the emergency is away from their home station, all payable	541
on requisition approved by the chief.	542

Each member of a mine rescue crew shall undergo an annual	543
medical examination by a doctor designated by the. The chief may	544
designate to perform an examination any individual authorized by	545
the Revised Code to do so, including a clinical nurse specialist,	546
a certified nurse practitioner, or a certified nurse-midwife. In	547
designating the doctorindividual to perform a medical	548
examination, the chief shall choose one near the station of the	549
member of the rescue crews. The doctorexaminer shall report the	550
doctor's findingsexamination results to the chief and if, in the	551
opinion of the chief, the report indicates that the member is	552
physically unfit for further services, the chief shall relieve the	553
member from further duty. The fee charged by the doctorexaminer	554
for the examination shall be paid in the same manner as fees are	555
paid to doctors employed by the industrial commission for special	556
medical examinations.	557

The chief may remove any member of a rescue crew for any	558
reason. Such crews shall be subject to the orders of the chief,	559
the superintendent, and the deputy mine inspectors when engaged in	560
actual mine rescue work. Mine rescue crews shall, in case of	561
death or injury when engaged in rescue work, wherever the same may	562
occur, be paid compensation, or their dependents shall be paid	563
death benefits, from the workers' compensation fund, in the same	564
manner as other employees of the state.	565

(C) In addition to the training of rescue crews, each	566
assistant superintendent of rescue stations, with the approval of	567
the superintendent, shall provide for and conduct safety, first	568
aid, and rescue classes at any mine or for any group of miners who	569
make application for the conducting of such classes. The chief may	570
assess a fee for safety and first aid classes for the purpose of	571
covering the costs associated with providing those classes. The	572
chief shall establish a fee schedule for safety and first aid	573
classes by rule adopted in accordance with Chapter 119. of the	574
Revised Code. Fees collected under this section shall be	575
deposited in the surface mining fund created in section 1514.06 of	576
the Revised Code.	577

The superintendent shall prescribe and provide for a uniform	578
schedule of conducting such safety and rescue classes as will	579
provide a competent knowledge of modern safety and rescue methods	580
in, at, and about mines.	581

Sec. 2151.53.  Any person coming within sections 2151.01 to	582
2151.54, inclusive, of the Revised Code, may be subjected to a	583
physical and mental examination by competent physicians, clinical	584
nurse specialists, and certified nurse practitioners, and a mental	585
examination by competent psychologists, and psychiatrists, and	586
clinical nurse specialists that practice the specialty of mental	587
health or psychiatric mental health to be appointed by the	588
juvenile court. Whenever any child is committed to any	589
institution by virtue of such sections, a record of such	590
examinations shall be sent with the commitment to such	591
institution. The compensation of such physicians, clinical nurse	592
specialists, certified nurse practitioners, psychologists, and	593
psychiatrists and the expenses of such examinations shall be paid	594
by the county treasurer upon specifically itemized vouchers,	595
certified by the juvenile judge.	596

Sec. 2743.62.  (A)(1) Subject to division (A)(2) of this	597
section, there is no privilege, except the privileges arising from	598
the attorney-client relationship, as to communications or records	599
that are relevant to the physical, mental, or emotional condition	600
of the claimant or victim in a proceeding under sections 2743.51	601
to 2743.72 of the Revised Code in which that condition is an	602
element.	603

(2)(a) Except as specified in division (A)(2)(b) of this	604
section, any record or report that a judge of the court of claims,	605
a court of claims panel of commissioners, or the attorney general	606
has obtained prior to, or obtains on or after, June 30, 1998,	607
under the provisions of sections 2743.51 to 2743.72 of the Revised	608
Code and that is confidential or otherwise exempt from public	609
disclosure under section 149.43 of the Revised Code while in the	610
possession of the creator of the record or report shall remain	611
confidential or exempt from public disclosure under section 149.43	612
of the Revised Code while in the possession of the court of claims	613
or the attorney general.	614

(b) Notwithstanding division (A)(2)(a) of this section, a	615
judge of the court of claims, a panel of commissioners, a	616
claimant, a claimant's attorney, or the attorney general may	617
disclose or refer to records or reports described in that division	618
in any hearing conducted under sections 2743.51 to 2743.72 of the	619
Revised Code or in the judge's, panel of commissioners',	620
claimant's, or attorney general's written pleadings, findings,	621
recommendations, and decisions.	622

(B) If the mental, physical, or emotional condition of a	623
victim or claimant is material to a claim for an award of	624
reparations, the attorney general, a panel of commissioners, or a	625
judge of the court of claims may order the victim or claimant to	626
submit to a mental or physical examination by a physician or	627
psychologist and may order an autopsy of a deceased victim. The	628
order may be made for good cause shown and upon notice to the	629
person to be examined and to the claimant. The order shall	630
specify the time, place, manner, conditions, and scope of the	631
examination or autopsy and the person by whom it is to be made	632
and. In the case of a mental examination, the person specified may	633
be a physician or psychologist. In the case of a physical	634
examination, the person specified may be a physician, a clinical	635
nurse specialist, a certified nurse practitioner, or a certified	636
nurse-midwife. In the case of an autopsy, the person specified	637
must be a physician. The order shall require the person who	638
performs the examination or autopsy to file with the attorney	639
general a detailed written report of the examination or autopsy.	640
The report shall set out the findings, including the results of	641
all tests made, diagnoses, prognoses, and other conclusions and	642
reports of earlier examinations of the same conditions.	643

(C) On request of the person examined, the attorney general	644
shall furnish the person a copy of the report. If the victim is	645
deceased, the attorney general, on request, shall furnish the	646
claimant a copy of the report.	647

(D) The attorney general, a panel of commissioners, or a	648
judge of the court of claims may require the claimant to	649
supplement the application for an award of reparations with any	650
reasonably available medical or psychological reports relating to	651
the injury for which the award of reparations is claimed.	652

(E) The attorney general, a panel of commissioners, or a	653
judge of the court of claims, in a claim arising out of a	654
violation of any provision of sections 2907.02 to 2907.07 of the	655
Revised Code, shall not request the victim or the claimant to	656
supply, or permit any person to supply, any evidence of specific	657
instances of the victim's sexual activity, opinion evidence of the	658
victim's sexual activity, or reputation evidence of the victim's	659
sexual activity unless it involves evidence of the origin of	660
semen, pregnancy, or disease or evidence of the victim's past	661
sexual activity with the offender and only to the extent that the	662
judge, the panel of commissioners, or the attorney general finds	663
that the evidence is relevant to a fact at issue in the claim.	664

Sec. 2907.29.  Every hospital of this state that offers	665
organized emergency services shall provide that a physician, a	666
clinical nurse specialist, a certified nurse practitioner, or a	667
certified nurse-midwife is available on call twenty-four hours	668
each day for the examination of persons reported to any law	669
enforcement agency to be victims of sexual offenses cognizable as	670
violations of any provision of sections 2907.02 to 2907.06 of the	671
Revised Code. The physician, clinical nurse specialist, certified	672
nurse practitioner, or certified nurse-midwife, upon the request	673
of any peace officer or prosecuting attorney and with the consent	674
of the reported victim or upon the request of the reported victim,	675
shall examine the person for the purposes of gathering physical	676
evidence. The public health council shall establish procedures	677
for gathering evidence under this section.	678

Each reported victim shall be informed of available venereal	679
disease, pregnancy, medical, and psychiatric services.	680

Notwithstanding any other provision of law, a minor may	681
consent to examination under this section. The consent is not	682
subject to disaffirmance because of minority, and consent of the	683
parent, parents, or guardian of the minor is not required for an	684
examination under this section. However, the hospital shall give	685
written notice to the parent, parents, or guardian of a minor that	686
an examination under this section has taken place. The parent,	687
parents, or guardian of a minor giving consent under this section	688
are not liable for payment for any services provided under this	689
section without their consent.	690

Sec. 3107.02.  (A) Any minor may be adopted.

691

(B) An adult may be adopted under any of the following	692
conditions:	693

(1) If the adult is totally and permanently disabled;

694

(2) If the adult is determined to be a mentally retarded	695
person as defined in section 5123.01 of the Revised Code;	696

(3) If the adult had established a child-foster caregiver or	697
child-stepparent relationship with the petitioners as a minor, and	698
the adult consents to the adoption.	699

(C) When proceedings to adopt a minor are initiated by the	700
filing of a petition, and the eighteenth birthday of the minor	701
occurs prior to the decision of the court, the court shall require	702
the person who is to be adopted to submit a written statement of	703
consent or objection to the adoption. If an objection is	704
submitted, the petition shall be dismissed, and if a consent is	705
submitted, the court shall proceed with the case, and may issue an	706
interlocutory order or final decree of adoption.	707

(D) Any physical examination of the individual to be adopted	708
as part of or in contemplation of a petition to adopt may be	709
conducted by any health professional authorized by the Revised	710
Code to perform physical examinations, including a clinical nurse	711
specialist, a certified nurse practitioner, or a certified	712
nurse-midwife.	713

Sec.  3111.91.  (A) In a non-spousal artificial	714
insemination, fresh or frozen semen may be used, provided that the	715
requirements of division (B) of this section are satisfied.	716

(B)(1) A physician, clinical nurse specialist, certified	717
nurse practitioner, certified nurse-midwife, or person under the	718
supervision and control of a physician may use fresh semen for	719
purposes of a non-spousal artificial insemination, only if within	720
one year prior to the supplying of the semen, aall of the	721
following occurred:	722

(a) A complete medical history of the donor, including, but	723
not limited to, any available genetic history of the donor, was	724
obtained by a physician, thea clinical nurse specialist, or a	725
certified nurse practitioner.	726

(b) The donor had a physical examination by a physician, and	727
thea clinical nurse specialist, or a certified nurse	728
practitioner.	729

(c) The donor was tested for blood type and RH factor.

730

(2) A physician, clinical nurse specialist, certified nurse	731
practitioner, certified nurse-midwife, or person under the	732
supervision and control of a physician may use frozen semen for	733
purposes of a non-spousal artificial insemination only if all the	734
following apply:	735

(a) The requirements set forth in division (B)(1) of this	736
section are satisfied;	737

(b) In conjunction with the supplying of the semen, the	738
semen or blood of the donor was the subject of laboratory studies	739
that the physician involved in the non-spousal artificial	740
insemination considers appropriate. The laboratory studies may	741
include, but are not limited to, venereal disease research	742
laboratories, karotyping, GC culture, cytomegalo, hepatitis,	743
kem-zyme, Tay-Sachs, sickle-cell, ureaplasma, HLTV-III, and	744
chlamydia.	745

(c) The physician involved in the non-spousal artificial	746
insemination determines that the results of the laboratory studies	747
are acceptable results.	748

Sec. 3319.13.  Upon the written request of a teacher or a	749
regular nonteaching school employee, a board of education may	750
grant a leave of absence for a period of not more than two	751
consecutive school years for educational, professional, or other	752
purposes, and shall grant such leave where illness or other	753
disability is the reason for the request. Upon subsequent	754
request, such leave may be renewed by the board. Without request,	755
a board may grant similar leave of absence and renewals thereof to	756
any teacher or regular nonteaching school employee because of	757
physical or mental disability, but such teacher may have a hearing	758
on such unrequested leave of absence or its renewals in accordance	759
with section 3319.16 of the Revised Code, and such nonteaching	760
school employee may have a hearing on such unrequested leave of	761
absence or its renewals in accordance with division (C) of section	762
3319.081 of the Revised Code. Upon the return to service of a	763
teacher or a nonteaching school employee at the expiration of a	764
leave of absence, the teacher or nonteaching school employee shall	765
resume the contract status that the teacher or nonteaching school	766
employee held prior to the leave of absence. Any teacher who	767
leaves a teaching position for service in the uniformed services	768
and who returns from service in the uniformed services that is	769
terminated in a manner other than as described in section 4304 of	770
Title 38 of the United States Code, "Uniformed Services Employment	771
and Reemployment Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A.	772
4304, shall resume the contract status held prior to entering the	773
uniformed services, subject to passing a physical examination by	774
an individual authorized by the Revised Code to conduct physical	775
examinations, including a clinical nurse specialist, a certified	776
nurse practitioner, or a certified nurse-midwife. Such contract	777
status shall be resumed at the first of the school semester or the	778
beginning of the school year following return from the uniformed	779
services. For purposes of this section and section 3319.14 of the	780
Revised Code, "uniformed services" and "service in the uniformed	781
services" have the same meanings as defined in section 5903.01 of	782
the Revised Code.	783

Upon the return of a nonteaching school employee from a leave	784
of absence, the board may terminate the employment of a person	785
hired exclusively for the purpose of replacing the returning	786
employee while the returning employee was on leave. If, after the	787
return of a nonteaching employee from leave, the person employed	788
exclusively for the purpose of replacing an employee while the	789
employee was on leave is continued in employment as a regular	790
nonteaching school employee or if the person is hired by the board	791
as a regular nonteaching school employee within a year after	792
employment as a replacement is terminated, the person shall, for	793
purposes of section 3319.081 of the Revised Code, receive credit	794
for the person's length of service with the school district during	795
such replacement period in the following manner:	796

(A) If employed as a replacement for less than twelve	797
months, the person shall be employed under a contract valid for a	798
period equal to twelve months less the number of months employed	799
as a replacement. At the end of such contract period, if the	800
person is reemployed it shall be under a two-year contract.	801
Subsequent reemployment shall be pursuant to division (B) of	802
section 3319.081 of the Revised Code.	803

(B) If employed as a replacement for twelve months or more	804
but less than twenty-four months, the person shall be employed	805
under a contract valid for a period equal to twenty-four months	806
less the number of months employed as a replacement. Subsequent	807
reemployment shall be pursuant to division (B) of section 3319.081	808
of the Revised Code.	809

(C) If employed as a replacement for more than twenty-four	810
months, the person shall be employed pursuant to division (B) of	811
section 3319.081 of the Revised Code.	812

For purposes of this section, employment during any part of a	813
month shall count as employment during the entire month.	814

Sec. 3327.10.  (A) No person shall be employed as driver of	815
a school bus or motor van, owned and operated by any school	816
district or educational service center or privately owned and	817
operated under contract with any school district or service center	818
in this state, who has not received a certificate from the	819
educational service center governing board in case such person is	820
employed by a service center or by a local school district under	821
the supervision of the service center governing board, or by the	822
superintendent of schools, in case such person is employed by the	823
board of a city or exempted village school district, certifying	824
that such person is at least eighteen years of age and is of good	825
moral character and is qualified physically and otherwise for such	826
position. The service center governing board or the	827
superintendent, as the case may be, shall provide for an annual	828
physical examination that conforms with rules adopted by the state	829
board of education of each driver to ascertain the driver's	830
physical fitness for such employment. Any certificate may be	831
revoked by the authority granting the same on proof that the	832
holder has been guilty of failing to comply with division (D)(1)	833
of this section, or upon a conviction or a guilty plea for a	834
violation, or any other action, that results in a loss or	835
suspension of driving rights. Failure to comply with such	836
division may be cause for disciplinary action or termination of	837
employment under division (C) of section 3319.081, or section	838
124.34 of the Revised Code.	839

(B) No person shall be employed as driver of a school bus or	840
motor van not subject to the rules of the department of education	841
pursuant to division (A) of this section who has not received a	842
certificate from the school administrator or contractor certifying	843
that such person is at least eighteen years of age, is of good	844
moral character, and is qualified physically and otherwise for	845
such position. Each driver shall have an annual physical	846
examination which conforms to the state highway patrol rules,	847
ascertaining the driver's physical fitness for such employment.	848
The examination shall be performed by one of the following:	849

(1) A person licensed under Chapter 4731. of the Revised Code	850
or by another state to practice medicine and surgery or	851
osteopathic medicine and surgery;	852

(2) A registered nurse who holds a certificate of authority	853
issued under Chapter 4723. of the Revised Code to practice as a	854
certified nurse practitioner or, clinical nurse specialist and is	855
practicing pursuant to a standard care arrangement with a	856
collaborating physician, or a certified nurse-midwife.	857

Any certificate may be revoked by the authority granting the	858
same on proof that the holder has been guilty of failing to comply	859
with division (D)(2) of this section.	860

(C) Any person who drives a school bus or motor van must	861
give satisfactory and sufficient bond except a driver who is an	862
employee of a school district and who drives a bus or motor van	863
owned by the school district.	864

(D) No person employed as driver of a school bus or motor	865
van under this section who is convicted of a traffic violation or	866
who has had the person's commercial driver's license suspended or	867
revoked shall drive a school bus or motor van until such person	868
has filed a written notice of such conviction, suspension, or	869
revocation as follows:	870

(1) If the person is employed under division (A) of this	871
section, such notice shall be filed with the superintendent, or a	872
person designated by the superintendent, of the school district	873
for which such person drives a school bus or motor van as an	874
employee or drives a privately owned and operated school bus or	875
motor van under contract.	876

(2) If employed under division (B) of this section, such	877
notice shall be filed with the employing school administrator or	878
contractor, or a person designated by the administrator or	879
contractor.	880

(E) In addition to resulting in possible revocation of a	881
certificate as authorized by divisions (A) and (B) of this	882
section, violation of division (D) of this section is a minor	883
misdemeanor.	884

Sec. 3331.02.  The superintendent of schools shall not issue	885
an age and schooling certificate until hethe superintendent has	886
received, examined, approved, and filed the following papers duly	887
executed:	888

(A) The written pledge or promise of the person,	889
partnership, or corporation to legally employ the child, and for	890
this purpose work performed by a minor, directly and exclusively	891
for the benefit of such minor's parent, in the farm home or on the	892
farm of such parent is legal employment, irrespective of any	893
contract of employment, or the absence thereof, to permit himthe	894
child to attend school as provided in section 3321.08 of the	895
Revised Code, and to return to the superintendent the age and	896
schooling certificate of the child or give notice of the nonuse	897
thereof within two days from the date of the child's withdrawal or	898
dismissal from the service of that person, partnership, or	899
corporation, giving the reasons for such withdrawal or dismissal;	900

(B) The school record of the child, properly filled out and	901
signed by the person in charge of the school which the child last	902
attended; giving the recorded age of the child, histhe child's	903
address, standing in studies, rating in conduct, and attendance in	904
days during the school year of histhe child's last attendance,	905
and if that was not a full year, during the preceding school year;	906

(C) Evidence of the age of the child as follows:

907

(1) A certified copy of an original birth record or a	908
certification of birth, issued in accordance with Chapter 3705. of	909
the Revised Code, or by an officer charged with the duty of	910
recording births in another state or country, shall be conclusive	911
evidence of the age of the child;	912

(2) In the absence of such birth record or certification of	913
birth, a passport, or duly attested transcript thereof, showing	914
the date and place of birth of the child, filed with a register of	915
passports at a port of entry of the United States; or an attested	916
transcript of the certificate of birth or baptism or other	917
religious record, showing the date and place of birth of the	918
child, shall be conclusive evidence of the age of the child;	919

(3) In case none of the above proofs of age can be produced,	920
other documentary evidence, except the affidavit of the parent,	921
guardian, or custodian, satisfactory to the superintendent may be	922
accepted in lieu thereof;	923

(4) In case no documentary proof of age can be procured, the	924
superintendent may receive and file an application signed by the	925
parent, guardian, or custodian of the child that a physician's	926
medical certificate be secured to establish the sufficiency of the	927
age of the child, which application shall state the alleged age of	928
the child, the place and date of birth, histhe child's present	929
residence, and such further facts as may be of assistance in	930
determining the age of the child, and shall certify that the	931
person signing the application is unable to obtain any of the	932
documentary proofs specified in divisions (C) (1), (2), and (3) of	933
this section; and if the superintendent is satisfied that a	934
reasonable effort to procure such documentary proof has been	935
without success such application shall be granted and the	936
certificate of the school physician or if there be none, of a	937
physician, a clinical nurse specialist, or a certified nurse	938
practitioner employed by the board of education, that said	939
physician, clinical nurse specialist, or certified nurse	940
practitioner is satisfied that the child is above the age required	941
for an age and schooling certificate as stated in section 3331.01	942
of the Revised Code, shall be accepted as sufficient evidence of	943
age;	944

(D) A certificate from the school physician or physician,	945
clinical nurse specialist, or certified nurse practitioner	946
designated by himthe school physician, or if there is no school	947
physician, a certificate from the district health commission,	948
commissioner or physician, clinical nurse specialist, or certified	949
nurse practitioner designated by himthe district health	950
commissioner, showing after a thorough examination that the child	951
is physically fit to be employed in such occupations as are not	952
prohibited by law for a boy or girl, as the case may be, under	953
eighteen years of age; but a certificate with "limited" written,	954
printed, or stamped diagonally across its face may be furnished by	955
such physicianthe examiner and accepted by the superintendent in	956
issuing a "limited" age and schooling certificate provided in	957
section 3331.06 of the Revised Code, showing that the child is	958
physically fit to be employed in some particular occupation not	959
prohibited by law for a boy or girl of such child's age, as the	960
case may be, even if the child's complete physical ability to	961
engage in such occupation cannot be vouched for.	962

Sec. 3331.06.  The age and schooling certificate provided in	963
sections 3331.01 to 3331.05, inclusive, of the Revised Code, shall	964
be issued only with the word "limited" printed or stamped	965
diagonally across its face if the medical certificate of the	966
physician provided in section 3331.02 or 3331.07 of the Revised	967
Code, is a limited certificate and in that case the particular	968
employment to which it is limited shall be stated in the	969
certificate, and the certificate cannot serve as the legal age and	970
schooling certificate for employment in another occupation.	971

Sec. 3331.07.  When an age and schooling certificate,	972
returned according to section 3331.02 of the Revised Code, is	973
reissued, the pledge of the new employer and medical certificate	974
from the school physician or other person in his stead shall be	975
secured and filed.	976

Sec. 3773.41.  Any person who desires to participate in a	977
public boxing match or exhibition as a referee, judge, matchmaker,	978
timekeeper, or contestant, or as a manager, trainer, or second of	979
a contestant, shall apply for a license from the Ohio athletic	980
commission. The application shall be on forms provided by the	981
commission. Each application shall be accompanied by the	982
application fee prescribed in section 3773.43 of the Revised Code.	983
The applicant shall verify the application under oath.	984

The commission shall prescribe the form of the application	985
for a participant's license. The application shall include the	986
correct and ring or assumed name, if any, of the applicant, the	987
applicant's address, the applicant's date and place of birth, the	988
applicant's occupation, and a copy of the applicant's win and loss	989
record as a contestant, if applicable.	990

An application for a contestant's license shall also include	991
a certified copy of the results of a physical examination of the	992
applicant that a licensed physician, clinical nurse specialist,	993
certified nurse practitioner, or certified nurse-midwife conducted	994
not more than sixty days prior to the filing of the application.	995

Sec. 3773.42.  Upon the proper filing of an application for a	996
referee's, judge's, matchmaker's, timekeeper's, manager's,	997
trainer's, contestant's, or second's license and payment of the	998
applicable application fee, the Ohio athletic commission shall	999
issue the license to the applicant if it determines that the	1000
applicant is of good moral character, is not likely to engage in	1001
acts detrimental to the fair and honest conduct of public boxing	1002
matches or exhibitions, and is qualified to hold such a license by	1003
reason of the applicant's knowledge and experience.	1004

A person shall not be determined to possess the knowledge and	1005
experience necessary to qualify that person to hold a referee's	1006
license unless all of the following conditions are met:	1007

(A) The person has completed such referee training	1008
requirements as the commission prescribes by rule;	1009

(B) The person possesses such experience requirements as the	1010
commission prescribes by rule;	1011

(C) The person has obtained a passing grade on an	1012
examination administered by the commission and designed to test	1013
the examinee's knowledge of the rules of the particular sport that	1014
the person seeks to referee, the commission's rules applicable to	1015
the conduct of matches and exhibitions in the particular sport	1016
that the person seeks to referee, and such other aspects of	1017
officiating as the commission determines appropriate to its	1018
determination as to whether the applicant possesses the	1019
qualifications and capabilities to act as a referee.	1020

The commission shall issue a referee's license to each person	1021
who meets the requirements of divisions (A) to (C) of this	1022
section.	1023

If upon the proper filing of an application for a	1024
contestant's license the commission determines that the applicant	1025
is of good moral character, is not likely to engage in acts	1026
detrimental to the conduct of public boxing matches or	1027
exhibitions, and possesses sufficient knowledge and experience	1028
and, in the opinion of the licensed physician, clinical nurse	1029
specialist, certified nurse practitioner, or certified	1030
nurse-midwife who examined the applicant pursuant to section	1031
3773.41 of the Revised Code, is physically fit to engage in public	1032
boxing matches or exhibitions, the commission shall issue the	1033
license to the applicant.	1034

Each license issued pursuant to this section shall bear the	1035
correct name and ring or assumed name, if any, of the licensee,	1036
the address of the licensee, the date of issue, a serial number	1037
designated by the commission, the seal of the commission, and the	1038
signature of the commission chairperson.	1039

A license issued pursuant to this section shall expire twelve	1040
months after its date of issue unless renewed. Upon application	1041
for renewal and payment of the renewal fee prescribed in section	1042
3773.43 of the Revised Code, the commission shall renew the	1043
license unless it denies the application for one or more reasons	1044
stated in section 3123.47 or 3773.53 of the Revised Code. If the	1045
application is for renewal of a contestant's license, the	1046
commission shall also require the applicant to submit the results	1047
of a physical examination that a licensed physician, clinical	1048
nurse specialist, certified nurse practitioner, or certified	1049
nurse-midwife conducted not more than sixty days prior to the date	1050
of the application.	1051

Sec. 3773.45.  (A) Each contestant in a public boxing match	1052
or exhibition shall be examined not more than twenty-four hours	1053
before entering the ring by a licensed physician, a clinical nurse	1054
specialist, a certified nurse practitioner, or a certified	1055
nurse-midwife. Each contestant who has had a previous match or	1056
exhibition on or after July 27, 1981, and was knocked out at that	1057
match or exhibition shall present to the examining physician	1058
examiner a record of the physical examination performed at the	1059
conclusion of that match or exhibition. If, after reviewing such	1060
record and performing a physical examination of the contestant,	1061
the physicianexaminer determines that the contestant is	1062
physically fit to compete, the physician shall certify that fact	1063
on the contestant's physical examination form. No physician,	1064
clinical nurse specialist, certified nurse practitioner, or	1065
certified nurse-midwife shall certify a contestant as physically	1066
fit to compete if the physician, clinical nurse specialist,	1067
certified nurse practitioner, or certified nurse-midwife	1068
determines that the contestant was knocked out in a contest that	1069
took place within the preceding thirty days. No contestant shall	1070
compete in a public boxing match or exhibition unless the	1071
contestant has been certified as physically fit in accordance with	1072
this section.	1073

Immediately after the end of a match or exhibition, the	1074
physicianexaminer shall examine each contestant who was knocked	1075
out in the match or exhibition, and record the outcome of the	1076
match or exhibition and any physical injuries sustained by the	1077
contestant on the contestant's physical examination form.	1078

Within twenty-four hours after the match or exhibition, the	1079
physicianexaminer shall mail one copy of the examination report	1080
to the Ohio athletic commission and one copy to the contestant.	1081
The commission shall furnish blank copies of the examination	1082
report to the physicianexaminer. The physicianexaminer shall	1083
answer all questions on the form. The person conducting the match	1084
or exhibition shall compensate the physicianexaminer. No person	1085
shall conduct such a match or exhibition unless a physicianan	1086
examiner appointed by the commission is in attendance.	1087

(B) No holder of a promoter's license shall conduct a boxing	1088
match or exhibition that exceeds twelve rounds. Each round shall	1089
be not more than three minutes in length. A period of at least	1090
one minute, during which no boxing or sparring takes place, shall	1091
occur between rounds.	1092

No holder of a promoter's license or a permit issued under	1093
section 3773.39 of the Revised Code shall allow a professional	1094
boxer to participate in more than twelve rounds of boxing within a	1095
period of seventy-two consecutive hours. For any match or	1096
exhibition or for a class of contestants, the commission may limit	1097
the number of rounds within the maximum of twelve rounds.	1098

(C) No person shall conduct a boxing match or exhibition	1099
unless a licensed referee appointed by the commission and paid by	1100
the person is present. The referee shall direct and control the	1101
match or exhibition. Before each match or exhibition the referee	1102
shall obtain from each contestant the name of the contestant's	1103
chief second and shall hold the chief second responsible for the	1104
conduct of any assistant seconds during the match or exhibition.	1105
The referee may declare a prize, remuneration, or purse or any	1106
part thereof to which a contestant is otherwise entitled withheld	1107
if, in the referee's judgment, the contestant is not competing or	1108
did not compete honestly. A contestant may appeal the referee's	1109
decision in a hearing before the commission conducted in	1110
accordance with section 3773.52 of the Revised Code.	1111

(D) No person shall hold or conduct a boxing match or	1112
exhibition unless three licensed judges appointed by the	1113
commission and paid by the person are present. Each judge shall	1114
render a decision at the end of each match or exhibition. The	1115
judges shall determine the outcome of the match or exhibition, and	1116
their decision shall be final.	1117

(E) Each contestant in a boxing match or exhibition shall	1118
wear gloves weighing not less than six ounces during the boxing	1119
match or exhibition.	1120

Sec. 3919.29.  No corporation, company, or association	1121
organized under section 3919.01 of the Revised Code shall issue a	1122
certificate or policy to any person, until such person has first	1123
been subjected to a thorough medical examination by a physician, a	1124
clinical nurse specialist, a certified nurse practitioner, or a	1125
certified nurse-midwife and found to be a good risk, nor shall it	1126
issue a certificate or policy to any person above the age of	1127
sixty-five years or under the age of fifteen years.	1128

This section, in respect to the age and medical examination	1129
of persons to whom certificates or policies may issue, does not	1130
apply to such corporations, companies, or associations doing	1131
purely accident business.	1132

Sec. 4506.10.  (A) No person who holds a valid commercial	1133
driver's license shall drive a commercial motor vehicle unless	1134
the person is physically qualified to do so. Each person who	1135
drives or expects to drive a commercial motor vehicle in	1136
interstate or foreign commerce or is otherwise subject to 49	1137
C.F.R. 391, et seq., as amended, shall certify to the registrar of	1138
motor vehicles at the time of application for a commercial	1139
driver's license that the person is in compliance with these	1140
standards. Any person who is not subject to 49 C.F.R. 391, et	1141
seq., as amended, also shall certify at the time of application	1142
that the person is not subject to these standards.	1143

(B) A person is qualified to drive a class B commercial	1144
motor vehicle with a school bus endorsement, if the person has	1145
been certified as medically qualified in accordance with rules	1146
adopted by the department of education.	1147

(C)(1) Except as provided in division (C)(2) of this	1148
section, any medical examination required by this section shall be	1149
performed only by one of the following:	1150

(a) A person licensed under Chapter 4731. of the Revised	1151
Code to practice medicine or surgery or osteopathic medicine and	1152
surgery in this state, or licensed under any similar law of	1153
another state;	1154

(b) A person licensed as a physician assistant under Chapter	1155
4730. of the Revised Code who practices under the supervision and	1156
direction of a physician as required under that chapter and who is	1157
authorized by the supervising physician to perform such a medical	1158
examination;	1159

(c) A person who is a certified nurse practitioner or, a	1160
clinical nurse specialist licensed under Chapter 4723. of the	1161
Revised Code who is practicing in accordance with a standard care	1162
arrangement pursuant to section 4723.431 of the Revised Code, or a	1163
certified nurse-midwife.	1164

(2) Any part of an examination required by this section	1165
that pertains to visual acuity, field of vision, and the ability	1166
to recognize colors may be performed by a person licensed under	1167
Chapter 4725. of the Revised Code to practice optometry in this	1168
state, or licensed under any similar law of another state.	1169

(D) Whenever good cause appears, the registrar, upon issuing	1170
a commercial driver's license under this chapter, may impose	1171
restrictions suitable to the licensee's driving ability with	1172
respect to the type of motor vehicle or special mechanical control	1173
devices required on a motor vehicle that the licensee may	1174
operate, or such other restrictions applicable to the licensee as	1175
the registrar determines to be necessary.	1176

The registrar may either issue a special restricted license	1177
or may set forth the restrictions upon the usual license form.	1178

The registrar, upon receiving satisfactory evidence of any	1179
violation of the restrictions of the license, may suspend or	1180
revoke it.	1181

The registrar, upon receiving satisfactory evidence that an	1182
applicant or holder of a commercial driver's license has violated	1183
division (A)(4) of section 4506.04 of the Revised Code and	1184
knowingly given false information in any application or	1185
certification required by section 4506.07 of the Revised Code,	1186
shall cancel the commercial driver's license of the person or any	1187
pending application from the person for a commercial driver's	1188
license or class D driver's license for a period of at least sixty	1189
days, during which time no application for a commercial driver's	1190
license or class D driver's license shall be received from the	1191
person.	1192

Sec. 4507.20.  The registrar of motor vehicles, upon	1193
determination that any person has more than seven points charged	1194
against himthe person under section 4507.021 of the Revised Code,	1195
and is not subject to the provisions of section 4507.022 of the	1196
Revised Code, or, having good cause to believe that the holder of	1197
a driver's or commercial driver's license is incompetent or	1198
otherwise not qualified to be licensed, shall upon written notice	1199
of at least five days sent to the licensee's last known address,	1200
require himthe licensee to submit to a driver's license	1201
examination or a physical examination, or both, or a commercial	1202
driver's license examination. The physical examination may be	1203
conducted by any individual authorized by the Revised Code to do	1204
so, including a clinical nurse specialist, a certified nurse	1205
practitioner, or a certified nurse-midwife. Upon the conclusion of	1206
the examination the registrar may suspend or revoke the license of	1207
the person, or may permit himthe licensee to retain the license,	1208
or may issue himthe licensee a restricted license. Refusal or	1209
neglect of the licensee to submit to the examination is ground for	1210
suspension or revocation of histhe licensee's license.	1211

Sec. 4715.30.  (A) The holder of a certificate or license	1212
issued under this chapter is subject to disciplinary action by the	1213
state dental board for any of the following reasons:	1214

(1) Employing or cooperating in fraud or material deception	1215
in applying for or obtaining a license or certificate;	1216

(2) Obtaining or attempting to obtain money or anything of	1217
value by intentional misrepresentation or material deception in	1218
the course of practice;	1219

(3) Advertising services in a false or misleading manner or	1220
violating the board's rules governing time, place, and manner of	1221
advertising;	1222

(4) Conviction of a misdemeanor committed in the course of	1223
practice or of any felony;	1224

(5) Engaging in lewd or immoral conduct in connection with	1225
the provision of dental services;	1226

(6) Selling, prescribing, giving away, or administering	1227
drugs for other than legal and legitimate therapeutic purposes, or	1228
conviction of violating any law of this state or the federal	1229
government regulating the possession, distribution, or use of any	1230
drug;	1231

(7) Providing or allowing dental hygienists or other	1232
practitioners of auxiliary dental occupations working under the	1233
certificate or license holder's supervision, or a dentist holding	1234
a temporary limited continuing education license under division	1235
(C) of section 4715.16 of the Revised Code working under the	1236
certificate or license holder's direct supervision, to provide	1237
dental care that departs from or fails to conform to accepted	1238
standards for the profession, whether or not injury to a patient	1239
results;	1240

(8) Inability to practice under accepted standards of the	1241
profession because of physical or mental disability, dependence on	1242
alcohol or other drugs, or excessive use of alcohol or other	1243
drugs;	1244

(9) Violation of any provision of this chapter or any rule	1245
adopted thereunder;	1246

(10) Failure to use universal blood and body fluid	1247
precautions established by rules adopted under section 4715.03 of	1248
the Revised Code;	1249

(11) Waiving the payment of all or any part of a deductible	1250
or copayment that a patient, pursuant to a health insurance or	1251
health care policy, contract, or plan that covers dental services,	1252
would otherwise be required to pay if the waiver is used as an	1253
enticement to a patient or group of patients to receive health	1254
care services from that provider.	1255

(12) Advertising that the certificate or license holder will	1256
waive the payment of all or any part of a deductible or copayment	1257
that a patient, pursuant to a health insurance or health care	1258
policy, contract, or plan that covers dental services, would	1259
otherwise be required to pay.	1260

(B) A manager, proprietor, operator, or conductor of a	1261
dental facility shall be subject to disciplinary action if any	1262
dentist, dental hygienist, or qualified personnel providing	1263
services in the facility is found to have committed a violation	1264
listed in division (A) of this section and the manager,	1265
proprietor, operator, or conductor knew of the violation and	1266
permitted it to occur on a recurring basis.	1267

(C) Subject to Chapter 119. of the Revised Code, the board	1268
may take one or more of the following disciplinary actions if one	1269
or more of the grounds for discipline listed in divisions (A) and	1270
(B) of this section exist:	1271

(1) Censure the license or certificate holder;

1272

(2) Place the license or certificate on probationary status	1273
for such period of time the board determines necessary and require	1274
the holder to:	1275

(a) Report regularly to the board upon the matters which are	1276
the basis of probation;	1277

(b) Limit practice to those areas specified by the board;

1278

(c) Continue or renew professional education until a	1279
satisfactory degree of knowledge or clinical competency has been	1280
attained in specified areas.	1281

(3) Suspend the certificate or license;

1282

(4) Revoke the certificate or license.

1283

Where the board places a holder of a license or certificate	1284
on probationary status pursuant to division (C)(2) of this	1285
section, the board may subsequently suspend or revoke the license	1286
or certificate if it determines that the holder has not met the	1287
requirements of the probation or continues to engage in activities	1288
that constitute grounds for discipline pursuant to division (A) or	1289
(B) of this section.	1290

Any order suspending a license or certificate shall state the	1291
conditions under which the license or certificate will be	1292
restored, which may include a conditional restoration during which	1293
time the holder is in a probationary status pursuant to division	1294
(C)(2) of this section. The board shall restore the license or	1295
certificate unconditionally when such conditions are met.	1296

(D) If the physical or mental condition of a license or	1297
certificate holder is at issue in a disciplinary proceeding, the	1298
board may order the license or certificate holder to submit to	1299
reasonable examinations by a physicianan individual designated or	1300
approved by the board and at the board's expense. The physical	1301
examination may be conducted by any individual authorized by the	1302
Revised Code to do so, including a clinical nurse specialist, a	1303
certified nurse practitioner, or a certified nurse-midwife.	1304
Failure to comply with an order for an examination shall be	1305
grounds for summary suspension of a license or certificate under	1306
division (E) of this section.	1307

(E) If the board has reason to believe that the holder	1308
represents a clear and immediate danger to the public health and	1309
safety if the holder is allowed to continue to practice, or if the	1310
holder has failed to comply with an order under division (D) of	1311
this section, the board may apply to the court of common pleas of	1312
the county in which the holder resides for an order temporarily	1313
suspending the holder's license or certificate, without a prior	1314
hearing being afforded by the board, until the board conducts an	1315
adjudication hearing pursuant to Chapter 119. of the Revised Code.	1316
If the court temporarily suspends a holder's license or	1317
certificate, the board shall give written notice of the suspension	1318
personally or by certified mail to the license or certificate	1319
holder. Such notice shall include specific facts and reasons for	1320
finding a clear and immediate danger to the public health and	1321
safety and shall inform the license or certificate holder of the	1322
right to a hearing pursuant to Chapter 119. of the Revised Code.	1323

(F) Any holder of a certificate or license issued under this	1324
chapter who has pleaded guilty to, has been convicted of, or has	1325
had a judicial finding of eligibility for intervention in lieu of	1326
conviction entered against the holder in this state for aggravated	1327
murder, murder, voluntary manslaughter, felonious assault,	1328
kidnapping, rape, sexual battery, gross sexual imposition,	1329
aggravated arson, aggravated robbery, or aggravated burglary, or	1330
who has pleaded guilty to, has been convicted of, or has had a	1331
judicial finding of eligibility for treatment or intervention in	1332
lieu of conviction entered against the holder in another	1333
jurisdiction for any substantially equivalent criminal offense, is	1334
automatically suspended from practice under this chapter in this	1335
state and any certificate or license issued to the holder under	1336
this chapter is automatically suspended, as of the date of the	1337
guilty plea, conviction, or judicial finding, whether the	1338
proceedings are brought in this state or another jurisdiction.	1339
Continued practice by an individual after the suspension of the	1340
individual's certificate or license under this division shall be	1341
considered practicing without a certificate or license. The board	1342
shall notify the suspended individual of the suspension of the	1343
individual's certificate or license under this division by	1344
certified mail or in person in accordance with section 119.07 of	1345
the Revised Code. If an individual whose certificate or license	1346
is suspended under this division fails to make a timely request	1347
for an adjudicatory hearing, the board shall enter a final order	1348
revoking the individual's certificate or license.	1349

(G) Notwithstanding divisions (A)(11) and (12) of this	1350
section, sanctions shall not be imposed against any licensee who	1351
waives deductibles and copayments:	1352

(1) In compliance with the health benefit plan that	1353
expressly allows such a practice. Waiver of the deductibles or	1354
copays shall be made only with the full knowledge and consent of	1355
the plan purchaser, payer, and third-party administrator. Such	1356
consent shall be made available to the board upon request.	1357

(2) For professional services rendered to any other person	1358
licensed pursuant to this chapter to the extent allowed by this	1359
chapter and the rules of the board.	1360

Sec. 4933.122.  No natural gas, gas, or electric light	1361
company shall terminate service, except for safety reasons or upon	1362
the request of the customer, at any time to a residential	1363
consumer, except pursuant to procedures that provide for all of	1364
the following:	1365

(A) Reasonable prior notice is given to such consumer,	1366
including notice of rights and remedies, and no due date shall be	1367
established, after which a customer's account is considered to be	1368
in arrears if unpaid, that is less than fourteen days after the	1369
mailing of the billing. This limitation does not apply to charges	1370
to customers that receive service pursuant to an arrangement	1371
authorized by section 4905.31 of the Revised Code, nor to electric	1372
light companies operated not for profit or public utilities that	1373
are owned or operated by a municipal corporation.	1374

(B) A reasonable opportunity is given to dispute the reasons	1375
for such termination;	1376

(C) In circumstances in which termination of service to a	1377
consumer would be especially dangerous to health, as determined by	1378
the public utilities commission, or make the operation of	1379
necessary medical or life-supporting equipment impossible or	1380
impractical, and such consumer establishes that hethe consumer is	1381
unable to pay for such service in accordance with the requirements	1382
of the utility's billing except under an extended payment plan.	1383

Such procedures shall take into account the need to include	1384
reasonable provisions for elderly and handicapped consumers.	1385

The commission shall hold hearings and adopt rules to carry	1386
out this section.	1387

To the extent that any rules adopted for the purpose of	1388
division (C) of this section require a health care professional to	1389
validate the health of a consumer or the necessity of operation of	1390
a consumer's medical or life-supporting equipment, the rules shall	1391
include as a health care professional a clinical nurse specialist,	1392
a certified nurse practitioner, or a certified nurse-midwife.	1393

Sec. 5103.0327. Any physical examination required in the	1394
determination of foster home placement may be conducted by any	1395
individual authorized by the Revised Code to conduct physical	1396
examinations, including a clinical nurse specialist, a certified	1397
nurse practitioner, or a certified nurse-midwife.	1398

Sec. 5104.011.  (A) The director of job and family services	1399
shall adopt rules pursuant to Chapter 119. of the Revised Code	1400
governing the operation of child day-care centers, including, but	1401
not limited to, parent cooperative centers, part-time centers,	1402
drop-in centers, and school child centers, which rules shall	1403
reflect the various forms of child day-care and the needs of	1404
children receiving child day-care or publicly funded child	1405
day-care and, no later than January 1, 1992, shall include	1406
specific rules for school child day-care centers that are	1407
developed in consultation with the department of education. The	1408
rules shall not require an existing school facility that is in	1409
compliance with applicable building codes to undergo an additional	1410
building code inspection or to have structural modifications. The	1411
rules shall include the following:	1412

(1) Submission of a site plan and descriptive plan of	1413
operation to demonstrate how the center proposes to meet the	1414
requirements of this chapter and rules adopted pursuant to this	1415
chapter for the initial license application;	1416

(2) Standards for ensuring that the physical surroundings of	1417
the center are safe and sanitary including, but not limited to,	1418
the physical environment, the physical plant, and the equipment of	1419
the center;	1420

(3) Standards for the supervision, care, and discipline of	1421
children receiving child day-care or publicly funded child	1422
day-care in the center;	1423

(4) Standards for a program of activities, and for play	1424
equipment, materials, and supplies, to enhance the development of	1425
each child; however, any educational curricula, philosophies, and	1426
methodologies that are developmentally appropriate and that	1427
enhance the social, emotional, intellectual, and physical	1428
development of each child shall be permissible. As used in this	1429
division, "program" does not include instruction in religious or	1430
moral doctrines, beliefs, or values that is conducted at child	1431
day-care centers owned and operated by churches and does include	1432
methods of disciplining children at child day-care centers.	1433

(5) Admissions policies and procedures, health care policies	1434
and procedures, including, but not limited to, procedures for the	1435
isolation of children with communicable diseases, first aid and	1436
emergency procedures, procedures for discipline and supervision of	1437
children, standards for the provision of nutritious meals and	1438
snacks, and procedures for screening children and employees,	1439
including, but not limited to, any necessary physical examinations	1440
and immunizations;	1441

(6) Methods for encouraging parental participation in the	1442
center and methods for ensuring that the rights of children,	1443
parents, and employees are protected and that responsibilities of	1444
parents and employees are met;	1445

(7) Procedures for ensuring the safety and adequate	1446
supervision of children traveling off the premises of the center	1447
while under the care of a center employee;	1448

(8) Procedures for record keeping, organization, and	1449
administration;	1450

(9) Procedures for issuing, renewing, denying, and revoking	1451
a license that are not otherwise provided for in Chapter 119. of	1452
the Revised Code;	1453

(10) Inspection procedures;

1454

(11) Procedures and standards for setting initial and	1455
renewal license application fees;	1456

(12) Procedures for receiving, recording, and responding to	1457
complaints about centers;	1458

(13) Procedures for enforcing section 5104.04 of the Revised	1459
Code;	1460

(14) A standard requiring the inclusion, on and after July	1461
1, 1987, of a current department of job and family services	1462
toll-free telephone number on each center provisional license or	1463
license which any person may use to report a suspected violation	1464
by the center of this chapter or rules adopted pursuant to this	1465
chapter;	1466

(15) Requirements for the training of administrators and	1467
child-care staff members in first aid, in prevention, recognition,	1468
and management of communicable diseases, and in child abuse	1469
recognition and prevention. Training requirements for child	1470
day-care centers adopted under this division shall be consistent	1471
with divisions (B)(6) and (C)(1) of this section.	1472

(16) Procedures to be used by licensees for checking the	1473
references of potential employees of centers and procedures to be	1474
used by the director for checking the references of applicants for	1475
licenses to operate centers;	1476

(17) Standards providing for the special needs of children	1477
who are handicapped or who require treatment for health conditions	1478
while the child is receiving child day-care or publicly funded	1479
child day-care in the center;	1480

(18) Any other procedures and standards necessary to carry	1481
out this chapter.	1482

(B)(1) The child day-care center shall have, for each child	1483
for whom the center is licensed, at least thirty-five square feet	1484
of usable indoor floor space wall-to-wall regularly available for	1485
the child day-care operation exclusive of any parts of the	1486
structure in which the care of children is prohibited by law or by	1487
rules adopted by the board of building standards. The minimum of	1488
thirty-five square feet of usable indoor floor space shall not	1489
include hallways, kitchens, storage areas, or any other areas that	1490
are not available for the care of children, as determined by the	1491
director, in meeting the space requirement of this division, and	1492
bathrooms shall be counted in determining square footage only if	1493
they are used exclusively by children enrolled in the center,	1494
except that the exclusion of hallways, kitchens, storage areas,	1495
bathrooms not used exclusively by children enrolled in the center,	1496
and any other areas not available for the care of children from	1497
the minimum of thirty-five square feet of usable indoor floor	1498
space shall not apply to:	1499

(a) Centers licensed prior to or on September 1, 1986, that	1500
continue under licensure after that date;	1501

(b) Centers licensed prior to or on September 1, 1986, that	1502
are issued a new license after that date solely due to a change of	1503
ownership of the center.	1504

(2) The child day-care center shall have on the site a safe	1505
outdoor play space which is enclosed by a fence or otherwise	1506
protected from traffic or other hazards. The play space shall	1507
contain not less than sixty square feet per child using such space	1508
at any one time, and shall provide an opportunity for supervised	1509
outdoor play each day in suitable weather. The director may	1510
exempt a center from the requirement of this division, if an	1511
outdoor play space is not available and if all of the following	1512
are met:	1513

(a) The center provides an indoor recreation area that has	1514
not less than sixty square feet per child using the space at any	1515
one time, that has a minimum of one thousand four hundred forty	1516
square feet of space, and that is separate from the indoor space	1517
required under division (B)(1) of this section.	1518

(b) The director has determined that there is regularly	1519
available and scheduled for use a conveniently accessible and safe	1520
park, playground, or similar outdoor play area for play or	1521
recreation.	1522

(c) The children are closely supervised during play and	1523
while traveling to and from the area.	1524

The director also shall exempt from the requirement of this	1525
division a child day-care center that was licensed prior to	1526
September 1, 1986, if the center received approval from the	1527
director prior to September 1, 1986, to use a park, playground, or	1528
similar area, not connected with the center, for play or	1529
recreation in lieu of the outdoor space requirements of this	1530
section and if the children are closely supervised both during	1531
play and while traveling to and from the area and except if the	1532
director determines upon investigation and inspection pursuant to	1533
section 5104.04 of the Revised Code and rules adopted pursuant to	1534
that section that the park, playground, or similar area, as well	1535
as access to and from the area, is unsafe for the children.	1536

(3) The child day-care center shall have at least two	1537
responsible adults available on the premises at all times when	1538
seven or more children are in the center. The center shall	1539
organize the children in the center in small groups, shall provide	1540
child-care staff to give continuity of care and supervision to the	1541
children on a day-by-day basis, and shall ensure that no child is	1542
left alone or unsupervised. Except as otherwise provided in	1543
division (E) of this section, the maximum number of children per	1544
child-care staff member and maximum group size, by age category of	1545
children, are as follows:	1546

Except as otherwise provided in division (E) of this section,	1588
the maximum number of children per child-care staff member and	1589
maximum group size requirements of the younger age group shall	1590
apply when age groups are combined.	1591

(4)(a) The child day-care center administrator shall show	1592
the director both of the following:	1593

(i) Evidence of at least high school graduation or	1594
certification of high school equivalency by the state board of	1595
education or the appropriate agency of another state;	1596

(ii) Evidence of having completed at least two years of	1597
training in an accredited college, university, or technical	1598
college, including courses in child development or early childhood	1599
education, or at least two years of experience in supervising and	1600
giving daily care to children attending an organized group	1601
program.	1602

(b) In addition to the requirements of division (B)(4)(a) of	1603
this section, any administrator employed or designated on or after	1604
September 1, 1986, shall show evidence of, and any administrator	1605
employed or designated prior to September 1, 1986, shall show	1606
evidence within six years after such date of, at least one of the	1607
following:	1608

(i) Two years of experience working as a child-care staff	1609
member in a center and at least four courses in child development	1610
or early childhood education from an accredited college,	1611
university, or technical college, except that a person who has two	1612
years of experience working as a child-care staff member in a	1613
particular center and who has been promoted to or designated as	1614
administrator of that center shall have one year from the time the	1615
person was promoted to or designated as administrator to complete	1616
the required four courses;	1617

(ii) Two years of training, including at least four courses	1618
in child development or early childhood education from an	1619
accredited college, university, or technical college;	1620

(iii) A child development associate credential issued by the	1621
national child development associate credentialing commission;	1622

(iv) An associate or higher degree in child development or	1623
early childhood education from an accredited college, technical	1624
college, or university, or a license designated for teaching in an	1625
associate teaching position in a preschool setting issued by the	1626
state board of education.	1627

(5) All child-care staff members of a child day-care center	1628
shall be at least eighteen years of age, and shall furnish the	1629
director evidence of at least high school graduation or	1630
certification of high school equivalency by the state board of	1631
education or the appropriate agency of another state or evidence	1632
of completion of a training program approved by the department of	1633
job and family services or state board of education, except as	1634
follows:	1635

(a) A child-care staff member may be less than eighteen	1636
years of age if the staff member is either of the following:	1637

(i) A graduate of a two-year vocational child-care training	1638
program approved by the state board of education;	1639

(ii) A student enrolled in the second year of a vocational	1640
child-care training program approved by the state board of	1641
education which leads to high school graduation, provided that the	1642
student performs the student's duties in the child day-care center	1643
under the continuous supervision of an experienced child-care	1644
staff member, receives periodic supervision from the vocational	1645
child-care training program teacher-coordinator in the student's	1646
high school, and meets all other requirements of this chapter and	1647
rules adopted pursuant to this chapter.	1648

(b) A child-care staff member shall be exempt from the	1649
educational requirements of this division if the staff member:	1650

(i) Prior to January 1, 1972, was employed or designated by	1651
a child day-care center and has been continuously employed since	1652
either by the same child day-care center employer or at the same	1653
child day-care center; or	1654

(ii) Is a student enrolled in the second year of a	1655
vocational child-care training program approved by the state board	1656
of education which leads to high school graduation, provided that	1657
the student performs the student's duties in the child day-care	1658
center under the continuous supervision of an experienced	1659
child-care staff member, receives periodic supervision from the	1660
vocational child-care training program teacher-coordinator in the	1661
student's high school, and meets all other requirements of this	1662
chapter and rules adopted pursuant to this chapter.	1663

(6) Every child day-care staff member of a child day-care	1664
center annually shall complete fifteen hours of inservice training	1665
in child development or early childhood education, child abuse	1666
recognition and prevention, first aid, and in prevention,	1667
recognition, and management of communicable diseases, until a	1668
total of forty-five hours of training has been completed, unless	1669
the staff member furnishes one of the following to the director:	1670

(a) Evidence of an associate or higher degree in child	1671
development or early childhood education from an accredited	1672
college, university, or technical college;	1673

(b) A license designated for teaching in an associate	1674
teaching position in a preschool setting issued by the state board	1675
of education;	1676

(c) Evidence of a child development associate credential;

1677

(d) Evidence of a preprimary credential from the American	1678
Montessori society or the association Montessori international.	1679
For the purposes of division (B)(6) of this section, "hour" means	1680
sixty minutes.	1681

(7) The administrator of each child day-care center shall	1682
prepare at least once annually and for each group of children at	1683
the center a roster of names and telephone numbers of parents,	1684
custodians, or guardians of each group of children attending the	1685
center and upon request shall furnish the roster for each group to	1686
the parents, custodians, or guardians of the children in that	1687
group. The administrator may prepare a roster of names and	1688
telephone numbers of all parents, custodians, or guardians of	1689
children attending the center and upon request shall furnish the	1690
roster to the parents, custodians, or guardians of the children	1691
who attend the center. The administrator shall not include in any	1692
roster the name or telephone number of any parent, custodian, or	1693
guardian who requests the administrator not to include the	1694
parent's, custodian's, or guardian's name or number and shall not	1695
furnish any roster to any person other than a parent, custodian,	1696
or guardian of a child who attends the center.	1697

(C)(1) Each child day-care center shall have on the center	1698
premises and readily available at all times at least one	1699
child-care staff member who has completed a course in first aid	1700
and in prevention, recognition, and management of communicable	1701
diseases which is approved by the state department of health and a	1702
staff member who has completed a course in child abuse recognition	1703
and prevention training which is approved by the department of job	1704
and family services.	1705

(2) The administrator of each child day-care center shall	1706
maintain enrollment, health, and attendance records for all	1707
children attending the center and health and employment records	1708
for all center employees. The records shall be confidential,	1709
except as otherwise provided in division (B)(7) of this section	1710
and except that they shall be disclosed by the administrator to	1711
the director upon request for the purpose of administering and	1712
enforcing this chapter and rules adopted pursuant to this chapter.	1713
Neither the center nor the licensee, administrator, or employees	1714
of the center shall be civilly or criminally liable in damages or	1715
otherwise for records disclosed to the director by the	1716
administrator pursuant to this division. It shall be a defense to	1717
any civil or criminal charge based upon records disclosed by the	1718
administrator to the director that the records were disclosed	1719
pursuant to this division.	1720

(3)(a) Any parent who is the residential parent and legal	1721
custodian of a child enrolled in a child day-care center and any	1722
custodian or guardian of such a child shall be permitted unlimited	1723
access to the center during its hours of operation for the	1724
purposes of contacting their children, evaluating the care	1725
provided by the center, evaluating the premises of the center, or	1726
for other purposes approved by the director. A parent of a child	1727
enrolled in a child day-care center who is not the child's	1728
residential parent shall be permitted unlimited access to the	1729
center during its hours of operation for those purposes under the	1730
same terms and conditions under which the residential parent of	1731
that child is permitted access to the center for those purposes.	1732
However, the access of the parent who is not the residential	1733
parent is subject to any agreement between the parents and, to the	1734
extent described in division (C)(3)(b) of this section, is subject	1735
to any terms and conditions limiting the right of access of the	1736
parent who is not the residential parent, as described in division	1737
(I) of section 3109.051 of the Revised Code, that are contained in	1738
a parenting time order or decree issued under that section,	1739
section 3109.12 of the Revised Code, or any other provision of	1740
the Revised Code.	1741

(b) If a parent who is the residential parent of a child has	1742
presented the administrator or the administrator's designee with a	1743
copy of a parenting time order that limits the terms and	1744
conditions under which the parent who is not the residential	1745
parent is to have access to the center, as described in division	1746
(I) of section 3109.051 of the Revised Code, the parent who is not	1747
the residential parent shall be provided access to the center only	1748
to the extent authorized in the order. If the residential parent	1749
has presented such an order, the parent who is not the residential	1750
parent shall be permitted access to the center only in accordance	1751
with the most recent order that has been presented to the	1752
administrator or the administrator's designee by the residential	1753
parent or the parent who is not the residential parent.	1754

(c) Upon entering the premises pursuant to division	1755
(C)(3)(a) or (b) of this section, the parent who is the	1756
residential parent and legal custodian, the parent who is not the	1757
residential parent, or the custodian or guardian shall notify the	1758
administrator or the administrator's designee of the parent's,	1759
custodian's, or guardian's presence.	1760

(D) The director of job and family services, in addition to	1761
the rules adopted under division (A) of this section, shall adopt	1762
rules establishing minimum requirements for child day-care	1763
centers. The rules shall include, but not be limited to, the	1764
requirements set forth in divisions (B) and (C) of this section.	1765
Except as provided in section 5104.07 of the Revised Code, the	1766
rules shall not change the square footage requirements of division	1767
(B)(1) or (2) of this section; the maximum number of children per	1768
child-care staff member and maximum group size requirements of	1769
division (B)(3) of this section; the educational and experience	1770
requirements of division (B)(4) of this section; the age,	1771
educational, and experience requirements of division (B)(5) of	1772
this section; the number of inservice training hours required	1773
under division (B)(6) of this section; or the requirement for at	1774
least annual preparation of a roster for each group of children of	1775
names and telephone numbers of parents, custodians, or guardians	1776
of each group of children attending the center that must be	1777
furnished upon request to any parent, custodian, or guardian of	1778
any child in that group required under division (B)(7) of this	1779
section; however, the rules shall provide procedures for	1780
determining compliance with those requirements.	1781

(E)(1) When age groups are combined, the maximum number of	1782
children per child-care staff member shall be determined by the	1783
age of the youngest child in the group, except that when no more	1784
than one child thirty months of age or older receives services in	1785
a group in which all the other children are in the next older age	1786
group, the maximum number of children per child-care staff member	1787
and maximum group size requirements of the older age group	1788
established under division (B)(3) of this section shall apply.	1789

(2) The maximum number of toddlers or preschool children per	1790
child-care staff member in a room where children are napping shall	1791
be twice the maximum number of children per child-care staff	1792
member established under division (B)(3) of this section if all	1793
the following criteria are met:	1794

(a) At least one child-care staff member is present in the	1795
room.	1796

(b) Sufficient child-care staff members are on the child	1797
day-care center premises to meet the maximum number of children	1798
per child-care staff member requirements established under	1799
division (B)(3) of this section.	1800

(c) Naptime preparations are complete and all napping	1801
children are resting or sleeping on cots.	1802

(d) The maximum number established under division (E)(2) of	1803
this section is in effect for no more than one and one-half hours	1804
during a twenty-four-hour day.	1805

(F) The director of job and family services shall adopt	1806
rules pursuant to Chapter 119. of the Revised Code governing the	1807
operation of type A family day-care homes, including, but not	1808
limited to, parent cooperative type A homes, part-time type A	1809
homes, drop-in type A homes, and school child type A homes, which	1810
shall reflect the various forms of child day-care and the needs of	1811
children receiving child day-care. The rules shall include the	1812
following:	1813

(1) Submission of a site plan and descriptive plan of	1814
operation to demonstrate how the type A home proposes to meet the	1815
requirements of this chapter and rules adopted pursuant to this	1816
chapter for the initial license application;	1817

(2) Standards for ensuring that the physical surroundings of	1818
the type A home are safe and sanitary, including, but not limited	1819
to, the physical environment, the physical plant, and the	1820
equipment of the type A home;	1821

(3) Standards for the supervision, care, and discipline of	1822
children receiving child day-care or publicly funded child	1823
day-care in the type A home;	1824

(4) Standards for a program of activities, and for play	1825
equipment, materials, and supplies, to enhance the development of	1826
each child; however, any educational curricula, philosophies, and	1827
methodologies that are developmentally appropriate and that	1828
enhance the social, emotional, intellectual, and physical	1829
development of each child shall be permissible;	1830

(5) Admissions policies and procedures, health care policies	1831
and procedures, including, but not limited to, procedures for the	1832
isolation of children with communicable diseases, first aid and	1833
emergency procedures, procedures for discipline and supervision of	1834
children, standards for the provision of nutritious meals and	1835
snacks, and procedures for screening children and employees,	1836
including, but not limited to, any necessary physical examinations	1837
and immunizations;	1838

(6) Methods for encouraging parental participation in the	1839
type A home and methods for ensuring that the rights of children,	1840
parents, and employees are protected and that the responsibilities	1841
of parents and employees are met;	1842

(7) Procedures for ensuring the safety and adequate	1843
supervision of children traveling off the premises of the type A	1844
home while under the care of a type A home employee;	1845

(8) Procedures for record keeping, organization, and	1846
administration;	1847

(9) Procedures for issuing, renewing, denying, and revoking	1848
a license that are not otherwise provided for in Chapter 119. of	1849
the Revised Code;	1850

(10) Inspection procedures;

1851

(11) Procedures and standards for setting initial and	1852
renewal license application fees;	1853

(12) Procedures for receiving, recording, and responding to	1854
complaints about type A homes;	1855

(13) Procedures for enforcing section 5104.04 of the Revised	1856
Code;	1857

(14) A standard requiring the inclusion, on or after July 1,	1858
1987, of a current department of job and family services toll-free	1859
telephone number on each type A home provisional license or	1860
license which any person may use to report a suspected violation	1861
by the type A home of this chapter or rules adopted pursuant this	1862
chapter;	1863

(15) Requirements for the training of administrators and	1864
child-care staff members in first aid, in prevention, recognition,	1865
and management of communicable diseases, and in child abuse	1866
recognition and prevention;	1867

(16) Procedures to be used by licensees for checking the	1868
references of potential employees of type A homes and procedures	1869
to be used by the director for checking the references of	1870
applicants for licenses to operate type A homes;	1871

(17) Standards providing for the special needs of children	1872
who are handicapped or who require treatment for health conditions	1873
while the child is receiving child day-care or publicly funded	1874
child day-care in the type A home;	1875

(18) Standards for the maximum number of children per	1876
child-care staff member;	1877

(19) Requirements for the amount of usable indoor floor	1878
space for each child;	1879

(20) Requirements for safe outdoor play space;

1880

(21) Qualifications and training requirements for	1881
administrators and for child-care staff members;	1882

(22) Procedures for granting a parent who is the residential	1883
parent and legal custodian, or a custodian or guardian access to	1884
the type A home during its hours of operation;	1885

(23) Standards for the preparation and distribution of a	1886
roster of parents, custodians, and guardians;	1887

(24) Any other procedures and standards necessary to carry	1888
out this chapter.	1889

(G) The director of job and family services shall adopt	1890
rules pursuant to Chapter 119. of the Revised Code governing the	1891
certification of type B family day-care homes.	1892

(1) The rules shall include procedures, standards, and other	1893
necessary provisions for granting limited certification to type B	1894
family day-care homes that are operated by the following adult	1895
providers:	1896

(a) Persons who provide child day-care for eligible children	1897
who are great-grandchildren, grandchildren, nieces, nephews, or	1898
siblings of the provider or for eligible children whose caretaker	1899
parent is a grandchild, child, niece, nephew, or sibling of the	1900
provider;	1901

(b) Persons who provide child day-care for eligible children	1902
all of whom are the children of the same caretaker parent.	1903

The rules shall require, and shall include procedures for the	1904
director to ensure, that type B family day-care homes that receive	1905
a limited certification provide child day-care to children in a	1906
safe and sanitary manner. With regard to providers who apply for	1907
limited certification, a provider shall be granted a provisional	1908
limited certification on signing a declaration under oath	1909
attesting that the provider meets the standards for limited	1910
certification. Such provisional limited certifications shall	1911
remain in effect for no more than sixty calendar days and shall	1912
entitle the provider to offer publicly funded child day-care	1913
during the provisional period. Except as otherwise provided in	1914
division (G)(1) of this section, prior to the expiration of the	1915
provisional limited certificate, a county department of job and	1916
family services shall inspect the home and shall grant limited	1917
certification to the provider if the provider meets the	1918
requirements of this division. Limited certificates remain valid	1919
for two years unless earlier revoked. Except as otherwise	1920
provided in division (G)(1) of this section, providers operating	1921
under limited certification shall be inspected annually.	1922

If a provider is a person described in division (G)(1)(a) of	1923
this section or a person described in division (G)(1)(b) of this	1924
section who is a friend of the caretaker parent, the provider and	1925
the caretaker parent may verify in writing to the county	1926
department of job and family services that minimum health and	1927
safety requirements are being met in the home. If such	1928
verification is provided, the county shall waive any inspection	1929
and any criminal records check required by this chapter and grant	1930
limited certification to the provider.	1931

(2) The rules shall provide for safeguarding the health,	1932
safety, and welfare of children receiving child day-care or	1933
publicly funded child day-care in a certified type B home and	1934
shall include the following:	1935

(a) Standards for ensuring that the type B home and the	1936
physical surroundings of the type B home are safe and sanitary,	1937
including, but not limited to, physical environment, physical	1938
plant, and equipment;	1939

(b) Standards for the supervision, care, and discipline of	1940
children receiving child day-care or publicly funded child	1941
day-care in the home;	1942

(c) Standards for a program of activities, and for play	1943
equipment, materials, and supplies to enhance the development of	1944
each child; however, any educational curricula, philosophies, and	1945
methodologies that are developmentally appropriate and that	1946
enhance the social, emotional, intellectual, and physical	1947
development of each child shall be permissible;	1948

(d) Admission policies and procedures, health care, first	1949
aid and emergency procedures, procedures for the care of sick	1950
children, procedures for discipline and supervision of children,	1951
nutritional standards, and procedures for screening children and	1952
authorized providers, including, but not limited to, any necessary	1953
physical examinations and immunizations;	1954

(e) Methods of encouraging parental participation and	1955
ensuring that the rights of children, parents, and authorized	1956
providers are protected and the responsibilities of parents and	1957
authorized providers are met;	1958

(f) Standards for the safe transport of children when under	1959
the care of authorized providers;	1960

(g) Procedures for issuing, renewing, denying, refusing to	1961
renew, or revoking certificates;	1962

(h) Procedures for the inspection of type B family day-care	1963
homes that require, at a minimum, that each type B family day-care	1964
home be inspected prior to certification to ensure that the home	1965
is safe and sanitary;	1966

(i) Procedures for record keeping and evaluation;

1967

(j) Procedures for receiving, recording, and responding to	1968
complaints;	1969

(k) Standards providing for the special needs of children	1970
who are handicapped or who receive treatment for health conditions	1971
while the child is receiving child day-care or publicly funded	1972
child day-care in the type B home;	1973

(l) Requirements for the amount of usable indoor floor space	1974
for each child;	1975

(m) Requirements for safe outdoor play space;

1976

(n) Qualification and training requirements for authorized	1977
providers;	1978

(o) Procedures for granting a parent who is the residential	1979
parent and legal custodian, or a custodian or guardian access to	1980
the type B home during its hours of operation;	1981

(p) Any other procedures and standards necessary to carry	1982
out this chapter.	1983

(H) The director shall adopt rules pursuant to Chapter 119.	1984
of the Revised Code governing the certification of in-home aides.	1985
The rules shall include procedures, standards, and other necessary	1986
provisions for granting limited certification to in-home aides who	1987
provide child day-care for eligible children who are	1988
great-grandchildren, grandchildren, nieces, nephews, or siblings	1989
of the in-home aide or for eligible children whose caretaker	1990
parent is a grandchild, child, niece, nephew, or sibling of the	1991
in-home aide. The rules shall require, and shall include	1992
procedures for the director to ensure, that in-home aides that	1993
receive a limited certification provide child day-care to children	1994
in a safe and sanitary manner. The rules shall provide for	1995
safeguarding the health, safety, and welfare of children receiving	1996
publicly funded child day-care in their own home and shall include	1997
the following:	1998

(1) Standards for ensuring that the child's home and the	1999
physical surroundings of the child's home are safe and sanitary,	2000
including, but not limited to, physical environment, physical	2001
plant, and equipment;	2002

(2) Standards for the supervision, care, and discipline of	2003
children receiving publicly funded child day-care in their own	2004
home;	2005

(3) Standards for a program of activities, and for play	2006
equipment, materials, and supplies to enhance the development of	2007
each child; however, any educational curricula, philosophies, and	2008
methodologies that are developmentally appropriate and that	2009
enhance the social, emotional, intellectual, and physical	2010
development of each child shall be permissible;	2011

(4) Health care, first aid, and emergency procedures,	2012
procedures for the care of sick children, procedures for	2013
discipline and supervision of children, nutritional standards, and	2014
procedures for screening children and in-home aides, including,	2015
but not limited to, any necessary physical examinations and	2016
immunizations;	2017

(5) Methods of encouraging parental participation and	2018
ensuring that the rights of children, parents, and in-home aides	2019
are protected and the responsibilities of parents and in-home	2020
aides are met;	2021

(6) Standards for the safe transport of children when under	2022
the care of in-home aides;	2023

(7) Procedures for issuing, renewing, denying, refusing to	2024
renew, or revoking certificates;	2025

(8) Procedures for inspection of homes of children receiving	2026
publicly funded child day-care in their own homes;	2027

(9) Procedures for record keeping and evaluation;

2028

(10) Procedures for receiving, recording, and responding to	2029
complaints;	2030

(11) Qualifications and training requirements for in-home	2031
aides;	2032

(12) Standards providing for the special needs of children	2033
who are handicapped or who receive treatment for health conditions	2034
while the child is receiving publicly funded child day-care in the	2035
child's own home;	2036

(13) Any other procedures and standards necessary to carry	2037
out this chapter.	2038

(I) To the extent that any rules adopted for the purposes of	2039
this section require a health care professional to perform a	2040
physical examination, the rules shall include as a health care	2041
professional a clinical nurse specialist, a certified nurse	2042
practitioner, or a certified nurse-midwife.	2043

(J) The director of job and family services shall send	2044
copies of proposed rules to each licensee and each county director	2045
of job and family services and shall give public notice of	2046
hearings regarding the rules to each licensee and each county	2047
director of job and family services at least thirty days prior to	2048
the date of the public hearing, in accordance with section 119.03	2049
of the Revised Code. Prior to the effective date of a rule, the	2050
director of job and family services shall provide copies of the	2051
adopted rule to each licensee and each county director of job and	2052
family services.	2053

The county director of job and family services shall send	2054
copies of proposed rules to each authorized provider and in-home	2055
aide and shall give public notice of hearings regarding the rules	2056
to each authorized provider and in-home aide at least thirty days	2057
prior to the date of the public hearing, in accordance with	2058
section 119.03 of the Revised Code. Prior to the effective date	2059
of a rule, the county director of job and family services shall	2060
provide copies of the adopted rule to each authorized provider and	2061
in-home aide.	2062

Additional copies of proposed and adopted rules shall be made	2063
available by the director of job and family services to the public	2064
on request at no charge.	2065

(J)(K) The director of job and family services shall review	2066
all rules adopted pursuant to this chapter at least once every	2067
seven years.	2068

(K)(L) Notwithstanding any provision of the Revised Code,	2069
the director of job and family services shall not regulate in any	2070
way under this chapter or rules adopted pursuant to this chapter,	2071
instruction in religious or moral doctrines, beliefs, or values.	2072

Sec. 5503.08.  Each state highway patrol officer shall, in	2073
addition to the sick leave benefits provided in section 124.38 of	2074
the Revised Code, be entitled to occupational injury leave.	2075
Occupational injury leave of one thousand five hundred hours with	2076
pay may, with the approval of the superintendent of the state	2077
highway patrol, be used for absence resulting from each	2078
independent injury incurred in the line of duty, except that	2079
occupational injury leave is not available for injuries incurred	2080
during those times when the patrol officer is actually engaged in	2081
administrative or clerical duties at a patrol facility, when a	2082
patrol officer is on a meal or rest period, or when the patrol	2083
officer is engaged in any personal business. The superintendent	2084
of the state highway patrol shall, by rule, define those	2085
administrative and clerical duties and those situations where the	2086
occurrence of an injury does not entitle the patrol officer to	2087
occupational injury leave. Each injury incurred in the line of	2088
duty which aggravates a previously existing injury, whether the	2089
previously existing injury was so incurred or not, shall be	2090
considered an independent injury. When its use is authorized	2091
under this section, all occupational injury leave shall be	2092
exhausted before any credit is deducted from unused sick leave	2093
accumulated under section 124.38 of the Revised Code, except that,	2094
unless otherwise provided by the superintendent of the state	2095
highway patrol, occupational injury leave shall not be used for	2096
absence occurring within seven calendar days of the injury. During	2097
that seven calendar day period, unused sick leave may be used for	2098
such an absence.	2099

When occupational injury leave is used, it shall be deducted	2100
from the unused balance of the patrol officer's occupational	2101
injury leave for that injury on the basis of one hour for every	2102
one hour of absence from previously scheduled work.	2103

Before a patrol officeofficer may use occupational injury	2104
leave, hethe patrol officer shall:	2105

(A) Apply to the superintendent for permission to use	2106
occupational injury leave on a form that requires the patrol	2107
officer to explain the nature of histhe patrol officer's	2108
independent injury and the circumstances under which it occurred;	2109
and	2110

(B) Submit to a medical examination conducted by a physician	2111
selected by the superintendent. The physicianindividual who	2112
conducts the examination shall report to the superintendent the	2113
results of the examination and whether or not the independent	2114
injury prevents the patrol officer from attending work.	2115

The superintendent shall, by rule, provide for periodic	2116
medical examinations, by a physician he selects, of patrol	2117
officers who are using occupational injury leave. A physicianThe	2118
individual selected to conduct the medical examinations shall	2119
report to the superintendent the results of each such examination,	2120
including a description of the progress made by the patrol officer	2121
in recovering from the independent injury, and whether or not the	2122
independent injury continues to prevent the patrol officer from	2123
attending work.	2124

The superintendent shall appoint to conduct medical	2125
examinations under this division individuals authorized by the	2126
Revised Code to do so, including any clinical nurse specialist,	2127
certified nurse practitioner, or certified nurse-midwife.	2128

A patrol officer is not entitled to use or continue to use	2129
occupational injury leave if he refusesafter refusing to submit	2130
to a medical examination or if the physicianindividual examining	2131
himthe patrol officer reports that the independent injury does	2132
not prevent himthe patrol officer from attending work.	2133

A patrol officer who falsifies an application for permission	2134
to use occupational injury leave or a physician'smedical	2135
examination report is subject to disciplinary action, including	2136
dismissal.	2137

The superintendent shall, by rule, prescribe forms for the	2138
application and physician'smedical examination report.	2139

Occupational injury leave pay made according to this section	2140
is in lieu of such workers' compensation benefits as would have	2141
been payable directly to a patrol officer pursuant to sections	2142
4123.56 and 4123.58 of the Revised Code, but all other	2143
compensation and benefits pursuant to Chapter 4123. of the Revised	2144
Code are payable as in any other case. If at the close of the	2145
period, the patrol officer remains disabled, hethe patrol officer	2146
is entitled to all compensation and benefits, without a waiting	2147
period pursuant to section 4123.55 of the Revised Code based upon	2148
the injury received, for which hethe patrol officer qualifies	2149
pursuant to Chapter 4123. of the Revised Code. Compensation shall	2150
be paid from the date that the patrol officer ceases to receive	2151
histhe patrol officer's regular rate of pay pursuant to this	2152
section.	2153

Occupational injury leave shall not be credited to or, upon	2154
use, deducted from, a patrol officer's sick leave.	2155

Section 2. That existing sections 124.32, 124.41, 124.42,	2156
124.50, 503.45, 503.47, 505.38, 709.012, 737.15, 737.16, 737.22,	2157
911.11, 1561.26, 2151.53, 2743.62, 2907.29, 3107.02, 3111.91,	2158
3319.13, 3327.10, 3331.02, 3331.06, 3331.07, 3773.41, 3773.42,	2159
3773.45, 3919.29, 4506.10, 4507.20, 4715.30, 4933.122, 5104.011,	2160
and 5503.08 of the Revised Code are hereby repealed.	2161