Section 1. That sections 124.32, 124.41, 124.42, 124.50, | 18 |
503.45, 503.47, 505.38, 709.012, 737.15, 737.16, 737.22, 911.11, | 19 |
1561.26, 2151.53, 2743.62, 2907.29, 3107.02, 3111.91, 3319.13, | 20 |
3327.10,
3331.02, 3331.06, 3331.07, 3773.41, 3773.42, 3773.45, | 21 |
3919.29,
4506.10, 4507.20, 4715.30, 4933.122, 5104.011, and | 22 |
5503.08
be
amended and sections 1.64 and 5103.0327 of the Revised | 23 |
Code be
enacted to read
as follows: | 24 |
Sec. 124.32. (A) With the consent of the director of | 47 |
administrative services, a person holding an office or position
in | 48 |
the classified service may be transferred to a similar
position in | 49 |
another office, department, or institution having the
same pay and | 50 |
similar duties; but no transfer shall be made from
an office or | 51 |
position in one class to an office or position in
another class, | 52 |
nor shall a person be transferred to an office or
position for | 53 |
original entrance to which there is required by
sections 124.01 to | 54 |
124.64 of the Revised Code, or the rules
adopted pursuant to such | 55 |
sections, an examination involving
essential tests or | 56 |
qualifications or carrying a salary different
from or higher than | 57 |
those required for original entrance to an
office or position held | 58 |
by such person. | 59 |
(B) Any person holding an office or position under the | 60 |
classified service who has been separated from the service
without | 61 |
delinquency or misconduct on the person's part may,
with the | 62 |
consent of the director, be reinstated within one year from the | 63 |
date of such separation to a vacancy in the same or similar
office | 64 |
or position in the same department; provided, if such
separation | 65 |
is due to injury or physical disability, such person
shall be | 66 |
reinstated to the same office or similar position
held at the time | 67 |
of separation, within thirty days after
written application for | 68 |
reinstatement and after passing a
physical examination made by a | 69 |
licensed physician
designated by
the appointing authority,
a | 70 |
physician assistant, a
clinical nurse specialist, a certified | 71 |
nurse practitioner, or a
certified
nurse-midwife
showing that the | 72 |
person has recovered from
such
disability,
provided further that | 73 |
such application for
reinstatement be filed
within three years | 74 |
from the date of
separation, and further
provided that such | 75 |
application shall not
be filed after the date
of service | 76 |
eligibility retirement.
The
physician, physician assistant, | 77 |
clinical nurse
specialist, certified nurse
practitioner, or | 78 |
certified nurse-midwife shall be designated by
the appointing | 79 |
authority and shall complete any written documentation of the | 80 |
physical examination. | 81 |
Sec. 124.41. No person shall be eligible to receive an | 82 |
original appointment to a police department, as a police officer, | 83 |
subject
to the civil service laws of
this state,
unless the person | 84 |
has reached the age of twenty-one and has,
not more
than one | 85 |
hundred twenty days prior to the date of such
appointment, passed | 86 |
a physical examination, given by a licensed
physician,
a physician | 87 |
assistant, a clinical
nurse specialist, a certified nurse | 88 |
practitioner, or a certified
nurse-midwife, certifying
that the | 89 |
applicant is free of
cardiovascular and pulmonary
diseases, and | 90 |
showing that
the
applicant meets the physical
requirements | 91 |
necessary to perform the
duties
of a police officer
as established | 92 |
by
the civil service
commission having jurisdiction
over the | 93 |
appointment. The
appointing authority shall, prior to
making any | 94 |
such appointment,
file with the Ohio police and fire
pension fund | 95 |
a
copy of the
report or findings of the licensed
physician, | 96 |
physician assistant, clinical nurse
specialist, certified nurse | 97 |
practitioner, or certified
nurse-midwife. The
professional fee | 98 |
for such physical examination
shall be paid by
the civil service | 99 |
commission. Except as
otherwise provided in
this section, no | 100 |
person is eligible to
receive an original
appointment when the | 101 |
person is thirty-five
years of age or
older, and no
person can be | 102 |
declared disqualified
as over age prior to that
time. The maximum | 103 |
age limitation
established by this section
does not apply to a | 104 |
city in which an
ordinance establishes a
different maximum age | 105 |
limitation for an
original appointment to
the police department or | 106 |
to a civil
service township in which a
resolution adopted by the | 107 |
board of
trustees of the township
establishes a different maximum | 108 |
age
limitation for an original
appointment to the police | 109 |
department. | 110 |
Nothing in this section shall prevent a municipal
corporation | 111 |
or a civil service township from establishing a
police cadet | 112 |
program and employing persons as police cadets at
age eighteen for | 113 |
the purposes of training persons to become
police officers. The | 114 |
board of
trustees of a civil
service township may establish by | 115 |
resolution such a cadet
program. A person participating in a | 116 |
municipal or township
police cadet program shall not be permitted | 117 |
to carry or use any
firearm in the performance of the person's | 118 |
duties, except
that the person may be taught the proper use of | 119 |
firearms as
part of the person's training. | 120 |
Sec. 124.42. No person shall be eligible to receive an | 121 |
original appointment as a firefighter in a fire
department, | 122 |
subject to
the civil service laws of this state, unless the person | 123 |
has
reached the
age of eighteen and has, not more than one hundred | 124 |
twenty days
prior to receiving such appointment, passed a physical | 125 |
examination, given by a licensed physician, a pysician assistant, | 126 |
a clinical nurse
specialist, a certified nurse practitioner, or a | 127 |
certified
nurse-midwife,
certifying that the
applicant is free of | 128 |
cardiovascular and
pulmonary diseases, and
showing that the person | 129 |
meets the physical
requirements
necessary
to
perform the duties of | 130 |
a firefighter as
established by
the civil
service commission | 131 |
having jurisdiction
over the appointment. The
appointing | 132 |
authority shall, prior to
making any such appointment,
file with | 133 |
the Ohio police and
fire
pension fund a
copy of the
report or | 134 |
findings of said licensed
physician, physician assistant, clinical | 135 |
nurse
specialist,
certified nurse
practitioner, or certified | 136 |
nurse-midwife. The
professional fee
for such physical
examination | 137 |
shall be paid by
the civil service
commission. No
person shall be | 138 |
eligible to
receive an original
appointment on and
after the | 139 |
person's
thirty-first birthday. | 140 |
Notwithstanding this section, a municipal council may enact | 141 |
an ordinance providing that a person between the age of eighteen | 142 |
and thirty-six may receive an original appointment to the fire | 143 |
department, or the board of trustees of a civil service township | 144 |
may do so by resolution. Nothing in this section shall prevent a | 145 |
municipal corporation or civil service township from establishing | 146 |
a fire cadet program and employing persons as fire cadets at age | 147 |
eighteen for the purpose of training persons to become | 148 |
firefighters. The
board of trustees of a civil service
township | 149 |
may
establish by resolution such a cadet program. A person | 150 |
participating in a municipal or township fire cadet program shall | 151 |
not be permitted to carry or use any firearm in the performance
of | 152 |
the person's duties. | 153 |
Sec. 124.50. Any person holding an office or position
under | 154 |
the classified service in a fire department or a police
department | 155 |
who is separated therefrom due to injury or physical
disability | 156 |
incurred in the performance of duty shall be
reinstated | 157 |
immediately, or one suffering injury or physical
disability | 158 |
incurred other than in the performance of duty may be
reinstated, | 159 |
upon filing with the chief of the fire department or
the chief of | 160 |
the police department, a written application for
reinstatement, to | 161 |
the office or position
he held at the time of
such separation, | 162 |
after passing a physical examination showing
that
hethe person | 163 |
has recovered from the injury or other
physical
disability. The | 164 |
physical examination shall be made by a licensed
physician | 165 |
designated by the firemen's pension board or the policemen's | 166 |
pension
board,
a physician assistant, a clinical nurse specialist, | 167 |
a certified nurse
practitioner, or
a certified nurse-midwife | 168 |
within two weeks after
application for
reinstatement
has been | 169 |
made, provided such
application for
reinstatement is
filed within | 170 |
five years from the
date of
separation from the
department, and | 171 |
further provided that
such
application shall not
be filed after | 172 |
the date of service
eligibility retirement.
The
physician, | 173 |
physician assistant, clinical nurse specialist,
certified nurse | 174 |
practitioner, or certified nurse-midwife shall be
designated by | 175 |
the firefighters' pension
board or the police
officers' pension | 176 |
board and shall complete any written documentation of the physical | 177 |
examination. | 178 |
Any person holding an office or position under the
classified | 179 |
service in a fire department or a police department,
who resigns | 180 |
therefrom, may be reinstated to the rank of
firemanfirefighter
or | 181 |
policemanpolice officer, upon the filing of a
written
application | 182 |
for
reinstatement with the municipal or civil service
township | 183 |
civil
service commission and a copy thereof with the
chief of the | 184 |
fire
department or chief of the police department,
and upon | 185 |
passing a
physical examination disclosing that the person
is | 186 |
physically fit
to perform the duties of the office of
fireman | 187 |
firefighter or
policemanpolice officer, the application for | 188 |
reinstatement
shall be filed within one year from
the date of | 189 |
resignation. Any person reinstated pursuant to the
authority of | 190 |
this paragraph shall not receive credit for
seniority earned prior | 191 |
to resignation and reinstatement, and
shall not be entitled to | 192 |
reinstatement to a position above the
rank of
firemanregular | 193 |
firefighter or
patrolmanpatrol officer, regardless of the | 194 |
position
the person may have held at
the time of
his resignation. | 195 |
A license issued under this section to a
masseur or
masseuse | 215 |
massager shall expire one year after the date of issuance,
except | 216 |
that no
masseur or masseusemassager shall be required to | 217 |
discontinue
performing massages because of the failure of the | 218 |
board to act on
a renewal application filed in a timely manner and | 219 |
pending before
the board on the expiration date of the person's | 220 |
license. Each
license shall contain the full name of the | 221 |
applicant, a color
photograph and a brief description of the | 222 |
person, and the
expiration date of the license. | 223 |
Sec. 505.38. (A) In each township or fire district that
has | 244 |
a fire department, the head of
the department shall be
a
fire | 245 |
chief, appointed by the board of township trustees, except
that, | 246 |
in a joint fire district, the fire chief shall be
appointed
by the | 247 |
board of fire district trustees.
Neither this section
nor any | 248 |
other section of the Revised Code requires, or shall be construed | 249 |
to require,
that the fire chief be a resident of
the township or | 250 |
fire district. | 251 |
The board shall provide
for the employment of
firefighters | 252 |
as it
considers best and shall fix their
compensation. No person | 253 |
shall be
appointed as a permanent
full-time paid member, whose | 254 |
duties include
fire
fighting, of the fire department of any | 255 |
township or fire district
unless
that person has received a | 256 |
certificate issued under
former
section 3303.07 or section 4765.55 | 257 |
of the Revised Code
evidencing
satisfactory completion of a | 258 |
firefighter
training
program.
Those appointees shall continue in | 259 |
office until
removed
from office as provided by sections 733.35 | 260 |
to
733.39
of the Revised Code. To
initiate removal proceedings, | 261 |
and
for
that purpose, the
board
shall designate the fire chief or | 262 |
a private citizen to
investigate the conduct and prepare the | 263 |
necessary charges in
conformity with sections 733.35 to 733.39 of | 264 |
the Revised Code. | 265 |
No person shall receive an appointment under this section,
in | 287 |
the case of a volunteer
firefighter, unless
the person has, not | 288 |
more than
sixty days prior to receiving
the
appointment, passed a | 289 |
physical examination, given by a
licensed
physician, a physician | 290 |
assistant, a clinical
nurse specialist, a certified nurse | 291 |
practitioner, or a certified
nurse-midwife, showing that
the | 292 |
person meets the physical
requirements
necessary to perform
the | 293 |
duties of the position to
which the
person is appointed as | 294 |
established by the board of
township trustees
having jurisdiction | 295 |
over the appointment. The
appointing authority
shall, prior to | 296 |
making
an
appointment, file
with the
Ohio police
and fire pension | 297 |
fund
or
the local volunteer
fire fighters'
dependents
fund board a | 298 |
copy of
the report or
findings
of
that licensed physician, | 299 |
physician assistant,
clinical nurse specialist,
certified nurse | 300 |
practitioner, or certified nurse-midwife. The
professional fee | 301 |
for
the
physical examination shall be paid
for
by the board of | 302 |
township
trustees. | 303 |
(C) Division (A) of this section shall not apply to any | 320 |
township
that has a population of ten thousand or more
persons | 321 |
residing within the township and outside of any municipal | 322 |
corporation,
that has its own fire department employing
ten
or | 323 |
more full-time paid employees, and
that has a civil
service | 324 |
commission established under division (B) of section
124.40 of
the | 325 |
Revised Code.
The township shall comply with
the
procedures
for | 326 |
the employment, promotion, and discharge of
firefighters provided | 327 |
by Chapter 124. of the Revised Code, except
that
the board of | 328 |
township trustees of the township may appoint
the fire
chief, and | 329 |
any person so appointed shall be in the
unclassified
service under | 330 |
section 124.11 of the Revised Code and
shall serve
at the pleasure | 331 |
of the board.
Neither this section
nor
any other section
of the | 332 |
Revised Code requires, or shall be
construed to require,
that the | 333 |
fire chief be a resident of the
township. A person
who
is | 334 |
appointed fire chief
under these
conditions
and who is removed by | 335 |
the board or
resigns
from the
position is entitled to return to | 336 |
the classified service
in the
township fire department in the | 337 |
position held just
prior to the
appointment as fire chief. The | 338 |
board of township
trustees shall
determine the number of personnel | 339 |
required and
establish salary
schedules and conditions of | 340 |
employment not in
conflict with
Chapter 124. of the Revised Code. | 341 |
No person shall
receive an
original appointment as a permanent | 342 |
full-time paid
member of the
fire department of
the township | 343 |
unless the
person has
received a certificate issued under former | 344 |
section 3303.07
or
section 4765.55 of the Revised Code evidencing | 345 |
the
satisfactory
completion of a firefighter
training program. | 346 |
Persons employed as
firefighters in
the township on the date a | 347 |
civil service
commission is appointed pursuant to division (B) of | 348 |
section 124.40
of the Revised Code shall, without being required | 349 |
to pass a
competitive examination or a firefighter training | 350 |
program, retain
their employment and any rank previously granted | 351 |
them by action of
the
board of township trustees or otherwise, but
| 352 |
those
persons are eligible for promotion only by compliance with | 353 |
Chapter
124. of the Revised Code. | 354 |
If no vacancy exists in the municipal fire department at
the | 386 |
time of the application referred to in division (A) of this | 387 |
section, the application shall be held until a vacancy occurs. | 388 |
When such a vacancy occurs, the applicant shall be entitled to | 389 |
employment in accordance with the requirements of divisions (A), | 390 |
(B), (C), and (D) of this section. So long as any application
for | 391 |
employment has been made and is being held under this
section, the | 392 |
municipal corporation shall not fill any vacancy in
its fire | 393 |
department by original appointment. If there are
individuals who | 394 |
are entitled to reinstatement in the municipal
fire department and | 395 |
the vacancies therein are insufficient to
permit both such | 396 |
reinstatements and employment of all those
applying for employment | 397 |
under division (A) of this section, the
persons having the | 398 |
greatest length of service, whether with the
municipal or township | 399 |
fire department, shall be entitled to fill
the vacancies as they | 400 |
occur. | 401 |
A person employed under this section, upon acceptance
into | 402 |
the municipal fire department, shall be given the rank of | 403 |
"firefighter" and entitled to full seniority credit for prior | 404 |
service in the township or joint township fire district. The | 405 |
person shall be entitled to the same salary, future benefits, | 406 |
vacations,
earned time, sick leave, and other rights and | 407 |
privileges as the
municipal fire department extends to other | 408 |
employees with the
same amount of prior service. The person may | 409 |
take
promotional
examinations only after completion of one year of | 410 |
service with
the municipal fire department and after meeting any | 411 |
applicable
civil service requirements for such examination. | 412 |
Sec. 737.15. Each village shall have a marshal, designated | 416 |
chief of police, appointed by the mayor with the advice and | 417 |
consent of the legislative authority of the village, who need not | 418 |
be a resident of the village at the time of appointment but
shall | 419 |
become a resident thereof within six months after
appointment by | 420 |
the mayor and confirmation by the legislative
authority unless | 421 |
such residence requirement is waived by
ordinance, and who shall | 422 |
continue in office until removed
therefrom as provided by section | 423 |
737.171 of the Revised Code. | 424 |
No person shall receive an appointment under this section | 425 |
after January 1, 1970, unless, not more than sixty days prior to | 426 |
receiving such appointment, the person has passed a physical | 427 |
examination,
given by a licensed physician,
a physician assistant, | 428 |
a clinical nurse
specialist, a certified nurse practitioner, or a | 429 |
certified
nurse-midwife, showing
that the
person meets
the | 430 |
physical
requirements necessary to
perform the
duties of village | 431 |
marshal
as
established by the
legislative
authority of the | 432 |
village. The
appointing authority
shall, prior
to making any such | 433 |
appointment,
file with the Ohio
police and fire
pension fund a | 434 |
copy of the
report or findings of
said licensed
physician, | 435 |
physician assistant, clinical nurse
specialist, certified
nurse | 436 |
practitioner, or certified
nurse-midwife. The
professional
fee | 437 |
for such physical examination
shall be paid for
by such | 438 |
legislative authority. | 439 |
No person shall receive an appointment under this section | 446 |
after January 1, 1970, unless the person has, not more than
sixty | 447 |
days
prior to receiving such appointment, passed a physical | 448 |
examination, given by a licensed physician,
a physician assistant, | 449 |
a clinical nurse
specialist, a certified nurse practitioner, or a | 450 |
certified
nurse-midwife, showing
that the
person meets the | 451 |
physical
requirements necessary to
perform the
duties of
the | 452 |
position to
which the person is to be
appointed as
established by | 453 |
the
legislative authority of the
village. The
appointing | 454 |
authority
shall, prior to making any such
appointment,
file with | 455 |
the
Ohio
police
and fire pension fund a
copy of the
report or | 456 |
findings of
said licensed physician, physician assistant,
clinical | 457 |
nurse
specialist, certified
nurse practitioner, or
certified | 458 |
nurse-midwife. The professional
fee
for such physical
examination | 459 |
shall be paid for by the
legislative
authority. | 460 |
Sec. 737.22. (A) Each village establishing a fire | 461 |
department
shall have a fire chief as the
department's head, | 462 |
appointed by the
mayor with the advice and consent of the | 463 |
legislative authority of
the village, who shall continue in office | 464 |
until removed
from office as provided
by sections 733.35
to | 465 |
733.39 of the Revised Code.
Neither this section nor
any other | 466 |
section of the Revised Code requires, or shall be construed to | 467 |
require, that the
fire chief be a resident of the village. | 468 |
(3) No person shall receive an appointment under this | 509 |
section
unless the
person has, not more than
sixty days
prior to | 510 |
receiving
the appointment, passed a
physical
examination, given | 511 |
by a licensed physician,
a physician assistant, a clinical nurse | 512 |
specialist, a
certified
nurse practitioner, or a certified | 513 |
nurse-midwife, showing that
the
person meets the
physical | 514 |
requirements necessary to perform
the
duties of
the
position to | 515 |
which the person is to be appointed
as
established by
the | 516 |
legislative authority of the village. The
appointing
authority | 517 |
shall, prior to making
an
appointment, file
with the
Ohio police | 518 |
and fire pension fund
or
the local volunteer
fire
fighters' | 519 |
dependents
fund board a copy of
the report or
findings
of
that | 520 |
licensed physician, physician assistant, clinical nurse | 521 |
specialist,
certified nurse practitioner, or certified | 522 |
nurse-midwife. The
professional fee for
the
physical examination | 523 |
shall be paid
for
by
the
legislative
authority
of the village. | 524 |
Sec. 911.11. The director of agriculture may require any | 525 |
person intending to
work or working in a bakery to submit to a | 526 |
thorough examination for the
purpose of ascertaining whether the | 527 |
person is afflicted with any contagious,
infectious, or other | 528 |
disease or physical ailment, which may render employment | 529 |
detrimental to the public health. All such examinations shall be | 530 |
made by a
qualified physician certified under section 4731.14 of | 531 |
the Revised Code, by a physician assistant, by a clinical nurse | 532 |
specialist, by a
certified
nurse practitioner, or by a certified | 533 |
nurse-midwife. Any written documentation of the examination shall | 534 |
be completed by the individual who did the examination. | 535 |
(B) The superintendent of rescue stations, with the approval | 539 |
of
the chief of the division of mineral resources
management, | 540 |
shall, at each rescue station
provided for in section 1561.25 of | 541 |
the Revised Code, train and
employ rescue crews of six members | 542 |
each, one of whom shall hold a
mine foreperson or fire boss | 543 |
certificate and be
designated captain,
and train and employ any | 544 |
number of such rescue crews as the
superintendent believes | 545 |
necessary. One member of a rescue crew shall be
certified as an | 546 |
EMT-basic, EMT-I, or
paramedic. Each member of a
rescue crew | 547 |
shall devote the time specified by the chief each
month for | 548 |
training purposes and shall be available at all times
to assist in | 549 |
rescue work at explosions, mine fires, and other
emergencies. | 550 |
A captain of mine rescue crews shall receive for
service as | 551 |
captain the sum of twenty-four dollars per month, and
each
member | 552 |
shall receive the sum of twenty dollars per month, all
payable on | 553 |
requisition approved by the chief. When engaged in
rescue work at | 554 |
explosions, mine fires, or other emergencies away
from their | 555 |
station, the members of the rescue crews and captains
of the same | 556 |
shall be paid the sum of six dollars per hour for
work on the | 557 |
surface, which includes the
time
consumed by
those members in | 558 |
traveling to and from the scene of
the emergency when
the scene | 559 |
is away from the station of
the members, and the
sum of seven | 560 |
dollars per hour for all work
underground at
the
emergency, and | 561 |
in addition thereto, the
necessary living expenses
of
the members | 562 |
when
the emergency is
away from their
home station, all payable | 563 |
on requisition approved
by the chief. | 564 |
Each member of a mine rescue crew shall undergo an annual | 565 |
medical examination
by a doctor designated by the. The chief
may | 566 |
designate to perform an examination any individual authorized by | 567 |
the Revised Code to do so, including a physician assistant, a | 568 |
clinical nurse specialist,
a certified nurse practitioner, or a | 569 |
certified nurse-midwife. In
designating
the
doctorindividual to | 570 |
perform a medical
examination, the chief
shall
choose one near the | 571 |
station of the
member of
the rescue
crews.
The
doctorexaminer | 572 |
shall
report the
doctor's findingsexamination
results to the | 573 |
chief and
if, in the
opinion
of the
chief,
the
report indicates | 574 |
that
the
member is
physically
unfit
for further
services, the | 575 |
chief shall
relieve the
member
from
further duty.
The fee charged | 576 |
by
the
doctorexaminer
for
the
examination shall
be paid in the | 577 |
same manner
as fees are
paid to
doctors employed by
the industrial | 578 |
commission
for special
medical
examinations. | 579 |
The chief may remove any member of a rescue crew for any | 580 |
reason. Such crews
shall be subject to the orders of the chief, | 581 |
the superintendent, and the
deputy mine inspectors when engaged in | 582 |
actual mine rescue work.
Mine rescue crews shall, in case of | 583 |
death or injury when engaged in rescue
work, wherever the same may | 584 |
occur, be paid compensation, or their
dependents shall be paid | 585 |
death benefits, from the workers'
compensation fund, in the same | 586 |
manner as other employees of the
state. | 587 |
(C) In addition to the training of rescue crews, each | 588 |
assistant
superintendent of rescue stations, with the approval of | 589 |
the
superintendent, shall provide for and conduct safety, first | 590 |
aid,
and rescue classes at any mine or for any group of miners who | 591 |
make application for the conducting of such classes.
The chief may | 592 |
assess a fee for safety and first aid classes for the purpose of | 593 |
covering the costs associated with providing those classes. The | 594 |
chief shall establish a fee schedule for safety and first aid | 595 |
classes by rule adopted in accordance with Chapter 119. of the | 596 |
Revised Code. Fees collected under this section shall be | 597 |
deposited in the surface mining fund created in section 1514.06 of | 598 |
the Revised Code. | 599 |
Sec. 2151.53. Any person coming within sections 2151.01 to | 604 |
2151.54,
inclusive, of the Revised Code, may be subjected to a | 605 |
physical
and mental
examination by competent physicians,
physician | 606 |
assistants, clinical
nurse specialists, and certified nurse | 607 |
practitioners, and a mental
examination by competent | 608 |
psychologists,
and psychiatrists, and
clinical nurse specialists | 609 |
that practice the specialty of mental
health or psychiatric mental | 610 |
health to be
appointed by the
juvenile court. Whenever
any child | 611 |
is committed to any
institution by virtue of such
sections, a | 612 |
record of such
examinations shall be
sent with the
commitment to | 613 |
such
institution. The compensation of such
physicians,
physician | 614 |
assistants, clinical nurse
specialists, certified nurse | 615 |
practitioners, psychologists, and
psychiatrists and the expenses | 616 |
of such
examinations shall be paid
by the county treasurer upon | 617 |
specifically itemized
vouchers,
certified by the juvenile judge. | 618 |
(2)(a) Except as specified in division
(A)(2)(b) of this | 626 |
section, any record or report that a judge of
the court of claims, | 627 |
a
court of claims panel of commissioners, or the attorney
general | 628 |
has obtained prior to, or obtains on or after, June
30, 1998, | 629 |
under the
provisions of sections 2743.51 to 2743.72
of
the Revised | 630 |
Code and that is confidential
or otherwise exempt from public | 631 |
disclosure under section 149.43 of the
Revised Code
while in the | 632 |
possession of the creator of the record or report shall remain | 633 |
confidential or exempt from public disclosure under section 149.43 | 634 |
of the
Revised Code
while in the possession of the court of claims | 635 |
or the attorney general. | 636 |
(b) Notwithstanding division (A)(2)(a)
of this section, a | 637 |
judge of the court of claims, a
panel of
commissioners, a | 638 |
claimant, a claimant's attorney, or
the attorney general may | 639 |
disclose
or refer to records or reports described in that division | 640 |
in any hearing
conducted under sections 2743.51 to 2743.72 of the | 641 |
Revised Code or in the
judge's, panel of commissioners', | 642 |
claimant's, or
attorney general's written pleadings, findings, | 643 |
recommendations, and
decisions. | 644 |
(B) If the mental, physical, or emotional condition of a | 645 |
victim or claimant is material to a claim for an award of | 646 |
reparations, the attorney
general, a panel of commissioners, or a | 647 |
judge of the
court of claims
may order the victim or claimant to | 648 |
submit to a mental or
physical examination
by a physician or | 649 |
psychologist and may
order an autopsy of a deceased victim. The | 650 |
order may be made for
good cause shown and upon notice to the | 651 |
person to be examined and
to the claimant. The order shall | 652 |
specify the time, place, manner, conditions, and scope of the | 653 |
examination or autopsy and the person by whom it is to be made | 654 |
and. In the case of a mental examination, the person specified may | 655 |
be a physician or psychologist. In the case of a physical | 656 |
examination, the person specified may be a physician, a physician | 657 |
assistant, a clinical
nurse specialist, a certified nurse | 658 |
practitioner, or a certified
nurse-midwife. In the case
of an | 659 |
autopsy, the person specified
must be a physician. The
order | 660 |
shall require the person who
performs the examination or
autopsy | 661 |
to file with the attorney
general a detailed
written
report of the | 662 |
examination or autopsy.
The report shall
set out
the findings, | 663 |
including the results of
all tests made,
diagnoses,
prognoses, and | 664 |
other conclusions and
reports of
earlier
examinations of the same | 665 |
conditions. | 666 |
(E) The attorney general, a
panel of
commissioners, or a | 676 |
judge of the court of
claims, in a claim arising out of
a | 677 |
violation of any provision of sections 2907.02 to 2907.07
of the | 678 |
Revised Code, shall not request the victim or the claimant to | 679 |
supply, or permit any person to supply, any evidence of specific | 680 |
instances of the victim's sexual activity, opinion evidence of
the | 681 |
victim's sexual activity, or reputation evidence of the
victim's | 682 |
sexual activity unless it involves evidence of the
origin of | 683 |
semen, pregnancy, or disease or evidence of the
victim's past | 684 |
sexual activity with the offender and only to the
extent that the | 685 |
judge, the panel of commissioners,
or the attorney general
finds | 686 |
that the evidence is relevant to a fact at issue in the
claim. | 687 |
Sec. 2907.29. Every hospital of this state that offers | 688 |
organized emergency services shall provide that a physician, a | 689 |
physician assistant, a
clinical nurse specialist, a certified | 690 |
nurse practitioner, or a
certified nurse-midwife is
available on | 691 |
call twenty-four hours
each day for the examination
of persons | 692 |
reported to any law
enforcement agency to be victims
of
sexual | 693 |
offenses cognizable as
violations of any provision of
sections | 694 |
2907.02 to 2907.06 of the
Revised Code. The physician,
physician | 695 |
assistant, clinical nurse specialist,
certified
nurse | 696 |
practitioner, or certified nurse-midwife, upon
the
request
of any | 697 |
peace officer or prosecuting
attorney and with
the
consent
of the | 698 |
reported victim or upon
the request of the
reported
victim,
shall | 699 |
examine the person for
the purposes of
gathering
physical
evidence | 700 |
and shall complete any written documentation of the physical | 701 |
examination. The public
health
council shall
establish
procedures | 702 |
for gathering evidence
under
this section. | 703 |
Notwithstanding any other provision of law, a minor may | 706 |
consent to examination under this section. The consent is not | 707 |
subject to disaffirmance because of minority, and consent of the | 708 |
parent, parents, or guardian of the minor is not required for
an | 709 |
examination under this section. However, the hospital
shall give | 710 |
written notice to the parent, parents, or guardian of a minor that | 711 |
an examination under this section has taken place. The parent, | 712 |
parents, or
guardian of a minor giving consent under this section | 713 |
are not liable for
payment for any services provided under this | 714 |
section without
their consent. | 715 |
(C) When proceedings to adopt a minor are initiated by the | 725 |
filing of a petition, and the eighteenth birthday of the minor | 726 |
occurs prior to the decision of the court, the court shall
require | 727 |
the person who is to be adopted to submit a written
statement of | 728 |
consent or objection to the adoption. If an
objection is | 729 |
submitted, the petition shall be dismissed, and if a
consent is | 730 |
submitted, the court shall proceed with the case, and
may issue an | 731 |
interlocutory order or final decree of adoption. | 732 |
(D) Any physical examination of the individual to be
adopted | 733 |
as part of or in contemplation of a petition to adopt may
be | 734 |
conducted by any health professional authorized by the Revised | 735 |
Code to perform physical examinations, including a physician | 736 |
assistant, a
clinical nurse
specialist, a certified nurse | 737 |
practitioner, or a certified
nurse-midwife. Any written | 738 |
documentation of the physical examination shall be completed by | 739 |
the healthcare professional who conducted the examination. | 740 |
(b) In conjunction with the supplying of the semen, the | 765 |
semen or blood of the donor was the subject of laboratory studies | 766 |
that the physician involved in the non-spousal artificial | 767 |
insemination considers appropriate. The laboratory studies may | 768 |
include, but are not limited to, venereal disease research | 769 |
laboratories, karotyping, GC culture, cytomegalo, hepatitis, | 770 |
kem-zyme, Tay-Sachs, sickle-cell, ureaplasma, HLTV-III, and | 771 |
chlamydia. | 772 |
Sec. 3319.13. Upon the written request of a teacher or a | 779 |
regular nonteaching
school employee, a board of education may | 780 |
grant a leave of absence for a
period of not more than two | 781 |
consecutive school years for educational,
professional, or other | 782 |
purposes, and shall grant such leave where illness or
other | 783 |
disability is the reason for the request. Upon subsequent | 784 |
request, such
leave may be renewed by the board. Without request, | 785 |
a board may grant similar
leave of absence and renewals thereof to | 786 |
any teacher or regular nonteaching
school employee because of | 787 |
physical or mental disability, but such teacher may
have a hearing | 788 |
on such unrequested leave of absence or its renewals in
accordance | 789 |
with section 3319.16 of the Revised Code, and such nonteaching | 790 |
school employee may have a hearing on such unrequested leave of | 791 |
absence or its
renewals in accordance with division (C) of section | 792 |
3319.081 of the Revised
Code. Upon the return to service of a | 793 |
teacher or a nonteaching school
employee at the expiration of a | 794 |
leave of absence, the teacher or
nonteaching school employee shall | 795 |
resume the contract status that the teacher
or nonteaching school | 796 |
employee held prior to the leave of absence. Any
teacher who | 797 |
leaves a teaching position for service in the uniformed services | 798 |
and who returns from service in the uniformed services that is | 799 |
terminated in a
manner other than as described in section 4304 of | 800 |
Title 38 of the United
States Code, "Uniformed Services Employment | 801 |
and Reemployment Rights Act of
1994," 108 Stat. 3149, 38 U.S.C.A. | 802 |
4304, shall resume the contract status held
prior to entering the | 803 |
uniformed services, subject to passing a physical
examination
by | 804 |
an individual authorized by the Revised Code to conduct physical | 805 |
examinations, including a physician assistant, a clinical nurse | 806 |
specialist, a certified
nurse practitioner, or a certified | 807 |
nurse-midwife. Any written documentation of the physical | 808 |
examination shall be completed by the individual who conducted the | 809 |
examination. Such contract
status
shall be resumed at the
first | 810 |
of the school
semester or the
beginning of the school year | 811 |
following return from the
uniformed
services. For purposes of | 812 |
this section and section 3319.14 of the
Revised Code, "uniformed | 813 |
services" and "service in the uniformed
services"
have the same | 814 |
meanings as defined in section 5903.01 of
the Revised Code. | 815 |
Upon the return of a nonteaching school employee from a leave | 816 |
of absence, the
board may terminate the employment of a person | 817 |
hired exclusively for the
purpose of replacing the returning | 818 |
employee while the returning employee was
on leave. If, after the | 819 |
return of a nonteaching employee from leave, the
person employed | 820 |
exclusively for the purpose of replacing an employee while the | 821 |
employee was on leave is continued in employment as a regular | 822 |
nonteaching
school employee or if the person is hired by the board | 823 |
as a regular
nonteaching school employee within a year after | 824 |
employment as a replacement is
terminated, the person shall, for | 825 |
purposes of section 3319.081 of the Revised
Code, receive credit | 826 |
for the person's length of service with the school
district during | 827 |
such replacement period in the following manner: | 828 |
Sec. 3327.10. (A) No person shall be employed as driver
of | 847 |
a school bus or motor van, owned and operated by any school | 848 |
district or educational service center or privately owned and | 849 |
operated under
contract with any
school district or service center | 850 |
in this state, who has not received a
certificate
from the | 851 |
educational service center governing board in case such person is | 852 |
employed by a service center or by
a local school
district under | 853 |
the supervision of the service center governing
board, or by the | 854 |
superintendent of schools, in case such person is employed by the | 855 |
board of a city or exempted village school district, certifying | 856 |
that such person is at least eighteen years of age and is of good | 857 |
moral character and is qualified physically and otherwise for
such | 858 |
position. The service center governing board or the | 859 |
superintendent, as the
case may be, shall provide for an annual | 860 |
physical examination
that conforms with rules adopted by the state | 861 |
board of education
of each driver to ascertain
the driver's | 862 |
physical fitness
for such
employment. Any certificate may be | 863 |
revoked by the authority
granting the same on proof that the | 864 |
holder has been guilty of
failing to comply with division (D)(1) | 865 |
of this section, or upon a
conviction or a guilty plea for a | 866 |
violation, or any other action,
that results in a loss or | 867 |
suspension of driving rights. Failure
to comply with such | 868 |
division may be cause for disciplinary action
or termination of | 869 |
employment under division (C) of section
3319.081, or section | 870 |
124.34 of the Revised Code. | 871 |
(B) No person shall be employed as driver of a school bus
or | 872 |
motor van not subject to the rules of the department of
education | 873 |
pursuant to division (A) of this section who has not
received a | 874 |
certificate from the school administrator or
contractor certifying | 875 |
that such person is at least eighteen years
of age, is of good | 876 |
moral character, and is qualified physically
and otherwise for | 877 |
such position. Each driver shall have an
annual physical | 878 |
examination which conforms to the state highway
patrol rules, | 879 |
ascertaining
the driver's physical fitness for
such
employment.
| 880 |
The examination shall be performed by one of the
following: | 881 |
(1) The written pledge or promise of the person, | 926 |
partnership, or corporation to legally employ the child, and for | 927 |
this purpose work performed by a minor, directly and exclusively | 928 |
for the benefit of such minor's parent, in the farm home or on
the | 929 |
farm of such parent is legal employment, irrespective of any | 930 |
contract of employment, or the absence thereof, to permit
the | 931 |
child to attend school as provided in section 3321.08 of the | 932 |
Revised Code,
and
give notice of the nonuse
of an age and | 933 |
schooling certificate within
five days
from the date of the | 934 |
child's withdrawal or
dismissal from the
service of that person, | 935 |
partnership, or
corporation, giving the
reasons for such | 936 |
withdrawal or dismissal; | 937 |
(2) The
child's school record or
notification. As used in | 938 |
this division, a "school record" means documents properly filled | 939 |
out
and signed by the
person in charge of the school which the | 940 |
child
last attended,
giving the recorded age of the child,
the | 941 |
child's address,
standing in studies, rating in conduct, and | 942 |
attendance in
days
during the school year of
the child's last | 943 |
attendance;
"notification" means the information submitted to
the | 944 |
superintendent by the parent of a child excused from
attendance at | 945 |
school pursuant to division (A)(2) of section
3321.04 of the | 946 |
Revised Code, as the notification is required by rules
adopted by | 947 |
the department of education. | 948 |
(b) In the absence of such birth record or certification
of | 955 |
birth, a passport, or duly attested transcript thereof,
showing | 956 |
the date and place of birth of the child, filed with a
register of | 957 |
passports at a port of entry of the United States; or
an attested | 958 |
transcript of the certificate of birth or baptism or
other | 959 |
religious record, showing the date and place of birth of
the | 960 |
child, shall be conclusive evidence of the age of the child; | 961 |
(d) In case no documentary proof of age can be procured,
the | 966 |
superintendent
or chief administrative officer may receive and | 967 |
file an application signed by
the parent, guardian, or custodian | 968 |
of the child that a
physician'smedical certificate be secured to | 969 |
establish the sufficiency
of the age of the child, which | 970 |
application shall state the
alleged age of the child, the place | 971 |
and date of birth,
the
child's present residence, and such | 972 |
further facts as may be of assistance
in determining the age of | 973 |
the child, and shall certify that the
person signing the | 974 |
application is unable to obtain any of the
documentary proofs | 975 |
specified in divisions
(A)(3)(a),
(b), and
(c)
of
this section; | 976 |
and if the superintendent
or chief administrative
officer is | 977 |
satisfied that a
reasonable effort to procure such
documentary | 978 |
proof has been
without success such application shall
be granted | 979 |
and the
certificate of the school physician or if there
be none, | 980 |
of a
physician, a physician assistant, a clinical nurse | 981 |
specialist, or a certified nurse
practitioner employed by the | 982 |
board of education, that
said
physician, physician assistant, | 983 |
clinical nurse
specialist, or certified nurse
practitioner
is | 984 |
satisfied that the
child is above the age
required
for an age
and | 985 |
schooling
certificate as stated in section
3331.01
of the
Revised | 986 |
Code,
shall be accepted as sufficient
evidence of
age; | 987 |
(4) A certificate, including an athletic certificate of | 988 |
examination, from
a physician
licensed pursuant to
Chapter 4731. | 989 |
of the Revised Code
or, a physician
assistant licensed pursuant | 990 |
to
Chapter 4730. of the Revised Code, a physician assistant, a | 991 |
clinical nurse specialist,
or a certified nurse practitioner,
or | 992 |
from the district health
commissioner,
showing
after a thorough | 993 |
examination that the child
is physically
fit to
be employed in | 994 |
such occupations as are not
prohibited by
law for a
boy or girl, | 995 |
as the case may be, under
eighteen years of age; but
a
certificate | 996 |
with "limited" written,
printed,
marked, or stamped
thereon may | 997 |
be furnished by such
physician
or, physician assistant, clinical | 998 |
nurse specialist, or
certified nurse practitioner and accepted by | 999 |
the
superintendent
or
chief administrative officer in issuing a | 1000 |
"limited" age and
schooling certificate provided in section | 1001 |
3331.06 of the Revised
Code, showing that the child is physically | 1002 |
fit to be employed in
some particular occupation not prohibited
by | 1003 |
law for a boy or girl
of such child's age, as the case may be, | 1004 |
even if the child's
complete physical ability to engage in such | 1005 |
occupation cannot be
vouched for. | 1006 |
Sec. 3331.06. The age and schooling certificate provided in | 1026 |
sections 3331.01
to
3331.04 of the Revised
Code, shall be issued | 1027 |
only with the word
"limited" printed,
marked, or stamped
thereon | 1028 |
if the
medical
certificate
of
the physician provided in section | 1029 |
3331.02 or
3331.07 of the Revised Code, is a
limited certificate, | 1030 |
and in that
case, the particular employment to which it is
limited | 1031 |
shall be
stated in the certificate, and the certificate cannot | 1032 |
serve
as the
legal age and schooling certificate for employment in | 1033 |
another
occupation. | 1034 |
Sec. 3331.07. When an age and schooling certificate is | 1035 |
reissued, the pledge of the new
employer
shall be secured and | 1036 |
filed. A physical fitness certificate from
a
physician
or, | 1037 |
physician assistant, clinical nurse specialist, or certified nurse | 1038 |
practitioner as
described in division (A)(4) of section
3331.02 of | 1039 |
the Revised
Code shall
also be secured and filed
if the
physical | 1040 |
fitness
certificate used in the issuing of the previously
issued | 1041 |
age and
schooling certificate is no longer valid, as
determined | 1042 |
pursuant
to division (B) of section 3331.02 of the
Revised Code. | 1043 |
Sec. 3773.41. Any person who desires to participate in a | 1044 |
public
boxing match or exhibition as a referee, judge, matchmaker, | 1045 |
timekeeper, or
contestant, or as a manager, trainer, or
second of | 1046 |
a contestant, shall apply for a license from the
Ohio athletic | 1047 |
commission. The
application shall be on forms provided by the | 1048 |
commission. Each
application shall be accompanied by the | 1049 |
application fee prescribed in
section 3773.43 of the Revised Code. | 1050 |
The applicant shall verify the
application under oath. | 1051 |
Sec. 3773.42. Upon the proper filing of an application for
a | 1064 |
referee's, judge's, matchmaker's, timekeeper's, manager's, | 1065 |
trainer's, contestant's, or second's license and payment of the | 1066 |
applicable application fee, the Ohio athletic commission shall | 1067 |
issue the
license
to the applicant if it determines that the | 1068 |
applicant is of good
moral character, is not likely to engage in | 1069 |
acts detrimental to
the fair and honest conduct of public boxing | 1070 |
matches or exhibitions,
and is qualified to hold such a license by | 1071 |
reason of the
applicant's knowledge and experience. | 1072 |
(C) The person has obtained a passing grade on an | 1080 |
examination administered by the commission and designed to test | 1081 |
the examinee's knowledge of the rules of the particular sport
that | 1082 |
the person seeks to referee, the commission's
rules applicable to | 1083 |
the conduct of matches and exhibitions in
the particular sport | 1084 |
that the person seeks to referee, and such other
aspects of | 1085 |
officiating as the
commission determines appropriate to its | 1086 |
determination as to
whether the applicant possesses the | 1087 |
qualifications and
capabilities to act as a referee. | 1088 |
If upon the proper filing of an application for a | 1092 |
contestant's license the commission determines that the applicant | 1093 |
is of good moral character, is not likely
to engage in acts | 1094 |
detrimental to the conduct of public boxing matches or | 1095 |
exhibitions, and possesses sufficient knowledge and experience | 1096 |
and, in the opinion of the licensed physician, physician | 1097 |
assistant, clinical nurse
specialist, certified nurse | 1098 |
practitioner, or certified
nurse-midwife who examined the | 1099 |
applicant
pursuant to section
3773.41 of the Revised Code, is | 1100 |
physically fit to engage
in public
boxing matches or exhibitions, | 1101 |
the
commission shall issue the
license to the applicant. | 1102 |
A license issued pursuant to this section shall expire
twelve | 1108 |
months after its date of issue unless renewed. Upon
application | 1109 |
for renewal and payment of the renewal fee prescribed
in section | 1110 |
3773.43 of the Revised Code, the commission shall renew
the | 1111 |
license unless it denies the application for one or more
reasons | 1112 |
stated in section 3123.47 or 3773.53 of the
Revised Code.
If the | 1113 |
application is for renewal of a contestant's license, the | 1114 |
commission shall also require the applicant to submit the results | 1115 |
of a
physical examination that a licensed physician, physician | 1116 |
assistant, clinical
nurse specialist, certified nurse | 1117 |
practitioner, or certified
nurse-midwife conducted not
more than | 1118 |
sixty days prior to the date
of the application. | 1119 |
Sec. 3773.45. (A) Each contestant in a public boxing match | 1120 |
or
exhibition shall be examined not more than twenty-four
hours | 1121 |
before entering the ring by a licensed physician, a physician | 1122 |
assistant, a clinical nurse
specialist, a certified nurse | 1123 |
practitioner, or a certified
nurse-midwife.
Each
contestant
who | 1124 |
has had a previous match or
exhibition on or
after
July 27,
1981, | 1125 |
and was knocked out at that
match or
exhibition
shall
present to | 1126 |
the
examining physicianexaminer a
record of the
physical | 1127 |
examination
performed at the
conclusion of
that match or | 1128 |
exhibition. If,
after reviewing such
record and
performing a | 1129 |
physical examination
of the contestant,
the
physicianexaminer | 1130 |
determines that the contestant is
physically fit to
compete, the | 1131 |
physician shall certify that
fact
on the contestant's
physical | 1132 |
examination form. No physician, physician assistant,
clinical | 1133 |
nurse
specialist,
certified nurse practitioner, or
certified | 1134 |
nurse-midwife shall
certify a contestant as
physically
fit to | 1135 |
compete if the
physician, physician assistant, clinical nurse | 1136 |
specialist,
certified
nurse
practitioner, or certified | 1137 |
nurse-midwife
determines that the
contestant was knocked out in a | 1138 |
contest that
took place within the
preceding thirty days. No | 1139 |
contestant shall
compete in a public
boxing match or exhibition | 1140 |
unless the
contestant has been
certified as physically fit in | 1141 |
accordance with
this
section. | 1142 |
Within twenty-four hours after the match or exhibition, the | 1148 |
physicianexaminer shall mail one copy of the examination report | 1149 |
to the
Ohio athletic commission and one copy to the contestant. | 1150 |
The
commission shall
furnish blank copies of the examination | 1151 |
report to the
physicianexaminer. The
physicianexaminer shall | 1152 |
answer all questions on the form. The person
conducting the match | 1153 |
or exhibition shall compensate the
physicianexaminer. No person | 1154 |
shall conduct such a match or exhibition
unless
a physicianan | 1155 |
examiner appointed by the commission is in attendance. | 1156 |
(C) No person shall conduct a boxing match or exhibition | 1168 |
unless a licensed referee appointed by the commission and paid by | 1169 |
the person is present. The referee shall direct and control the | 1170 |
match or exhibition. Before each match or exhibition the referee | 1171 |
shall obtain from each contestant the name of the
contestant's | 1172 |
chief second
and shall hold the chief second responsible for the | 1173 |
conduct of
any assistant seconds during the match or exhibition. | 1174 |
The
referee may declare a prize, remuneration, or purse or any | 1175 |
part
thereof to which a contestant is otherwise entitled withheld | 1176 |
if,
in the referee's judgment, the contestant is not competing or | 1177 |
did not
compete honestly. A contestant may appeal the referee's | 1178 |
decision
in a hearing before the commission conducted in | 1179 |
accordance with
section 3773.52 of the Revised Code. | 1180 |
Sec. 3919.29. No corporation, company, or association | 1190 |
organized under section
3919.01 of the Revised Code shall issue a | 1191 |
certificate or policy to any person,
until such person has first | 1192 |
been subjected to a thorough medical examination
by a physician, a | 1193 |
physician assistant, a
clinical nurse specialist, a certified | 1194 |
nurse practitioner, or a
certified
nurse-midwife and
found to be a | 1195 |
good risk, nor shall it
issue a
certificate
or
policy to any | 1196 |
person above the age of
sixty-five
years or under
the age of | 1197 |
fifteen years.
Any written documentation of the physical | 1198 |
examination shall be completed by the individual who conducted the | 1199 |
examination. | 1200 |
Sec. 4506.10. (A) No person who holds a valid commercial | 1205 |
driver's license shall drive a commercial motor vehicle unless
| 1206 |
the person
is physically qualified to do so. Each person who | 1207 |
drives or
expects to drive a commercial motor vehicle in | 1208 |
interstate or
foreign commerce or is otherwise subject to 49 | 1209 |
C.F.R. 391, et
seq., as amended, shall certify to the registrar of | 1210 |
motor
vehicles at the time of application for a commercial | 1211 |
driver's
license that
the person is in compliance with these | 1212 |
standards. Any
person who is not subject to 49 C.F.R. 391, et | 1213 |
seq., as amended,
also shall certify at the time of application | 1214 |
that
the person
is not
subject to these standards. | 1215 |
The registrar, upon receiving satisfactory evidence that an | 1257 |
applicant or holder of a commercial driver's license has violated | 1258 |
division (A)(4) of section 4506.04 of the Revised Code and | 1259 |
knowingly given false information in any application or | 1260 |
certification required by section 4506.07 of the Revised Code, | 1261 |
shall cancel the commercial driver's license of the person or any | 1262 |
pending application from the person for a commercial driver's | 1263 |
license or class D driver's license for a period of at least
sixty | 1264 |
days, during which time no application for a commercial
driver's | 1265 |
license or class D driver's license shall be received
from the | 1266 |
person. | 1267 |
Sec. 4507.20. The registrar of motor vehicles, upon | 1268 |
determination that any
person has more than seven points charged | 1269 |
against
himthe person
under section 4507.021
of
the Revised Code, | 1270 |
and is not subject to the provisions of section 4507.022 of
the | 1271 |
Revised Code, or, having good cause to believe that the holder of | 1272 |
a
driver's or commercial driver's license is incompetent or | 1273 |
otherwise not
qualified to be licensed, shall upon written notice | 1274 |
of at least five days sent
to the licensee's last known address, | 1275 |
require
himthe licensee
to submit to a driver's
license | 1276 |
examination or a physical examination, or both, or a commercial | 1277 |
driver's license examination.
UponThe physical examination may be | 1278 |
conducted by any individual authorized by the Revised Code to do | 1279 |
so, including a physician assistant, a clinical nurse specialist, | 1280 |
a certified nurse practitioner, or a certified nurse midwife. Any | 1281 |
written documentation of the physical examination shall be | 1282 |
completed by the individual who conducted the examination. | 1283 |
(7) Providing or allowing dental hygienists or other | 1310 |
practitioners of auxiliary dental occupations working under the | 1311 |
certificate or license holder's supervision, or a dentist holding | 1312 |
a
temporary limited continuing
education license under division | 1313 |
(C) of section 4715.16 of the
Revised Code working under the | 1314 |
certificate or license
holder's direct supervision, to provide | 1315 |
dental care that departs from or fails to conform to accepted | 1316 |
standards for the profession, whether or not injury to a patient | 1317 |
results; | 1318 |
(B) A manager, proprietor, operator, or conductor of a | 1339 |
dental facility shall be subject to disciplinary action if any | 1340 |
dentist, dental hygienist, or qualified personnel providing | 1341 |
services in the facility is found to have committed a violation | 1342 |
listed in division (A) of this section and the manager, | 1343 |
proprietor, operator, or conductor knew of the violation and | 1344 |
permitted it to occur on a recurring basis. | 1345 |
(D) If the physical or mental condition of a license or | 1375 |
certificate holder is at issue in a disciplinary proceeding, the | 1376 |
board may order the license or certificate holder to submit to | 1377 |
reasonable examinations by
a physicianan individual designated or | 1378 |
approved by
the board and at the board's expense.
FailureThe | 1379 |
physical
examination may be conducted by any individual authorized | 1380 |
by the
Revised Code to do so, including a physician assistant, a | 1381 |
clinical
nurse specialist, a
certified nurse practitioner, or a | 1382 |
certified
nurse-midwife.
Any written documentation of the physical | 1383 |
examination shall be completed by the individual who conducted the | 1384 |
examination. | 1385 |
(E) If the board has reason to believe that the holder | 1389 |
represents a clear and immediate danger to the public health and | 1390 |
safety if the holder is allowed to continue to practice, or
if the | 1391 |
holder has failed to comply with an order under division (D) of | 1392 |
this
section, the board may apply to the court of common pleas of | 1393 |
the
county in which the holder resides for an order temporarily | 1394 |
suspending the holder's license or certificate, without a prior | 1395 |
hearing being afforded by the board, until the board conducts an | 1396 |
adjudication hearing pursuant to Chapter 119. of the Revised
Code. | 1397 |
If the court temporarily suspends a holder's license or | 1398 |
certificate, the board shall give written notice of the
suspension | 1399 |
personally or by certified mail to the license or
certificate | 1400 |
holder. Such notice shall include specific facts and
reasons for | 1401 |
finding a clear and immediate danger to the public
health and | 1402 |
safety and shall inform the license or certificate
holder of the | 1403 |
right to a hearing pursuant to Chapter 119. of the
Revised Code. | 1404 |
(F) Any holder of a certificate or license issued under
this | 1405 |
chapter who has pleaded guilty to, has been convicted of, or
has | 1406 |
had a judicial finding of eligibility for
intervention in lieu
of | 1407 |
conviction entered against the holder in this state for
aggravated | 1408 |
murder, murder, voluntary manslaughter, felonious assault, | 1409 |
kidnapping, rape, sexual battery, gross sexual imposition, | 1410 |
aggravated arson, aggravated robbery, or aggravated burglary, or | 1411 |
who has pleaded guilty to, has been convicted of, or has had a | 1412 |
judicial finding of eligibility for treatment or intervention in | 1413 |
lieu
of
conviction entered against the holder in another | 1414 |
jurisdiction for any
substantially equivalent criminal offense, is | 1415 |
automatically
suspended from practice under this chapter in this | 1416 |
state and any
certificate or license issued to the holder under | 1417 |
this
chapter is automatically suspended, as of the date of the | 1418 |
guilty plea,
conviction, or judicial finding, whether the | 1419 |
proceedings are
brought in this state or another jurisdiction. | 1420 |
Continued
practice by an individual after the suspension of the | 1421 |
individual's certificate or license under this division shall be | 1422 |
considered practicing
without a certificate or license. The board | 1423 |
shall notify the
suspended individual of the suspension of the | 1424 |
individual's
certificate or license under this division by | 1425 |
certified mail or in person in
accordance with section 119.07 of | 1426 |
the Revised Code. If an
individual whose certificate or license | 1427 |
is suspended under this
division fails to make a timely request | 1428 |
for an adjudicatory
hearing, the board shall enter a final order | 1429 |
revoking the
individual's certificate or license. | 1430 |
(A) Reasonable prior notice is given to such consumer, | 1447 |
including notice of rights and remedies, and no due date shall be | 1448 |
established, after which a customer's account is considered to be | 1449 |
in arrears if unpaid, that is less than fourteen days after the | 1450 |
mailing of the billing. This limitation does not apply to
charges | 1451 |
to customers that receive service pursuant to an
arrangement | 1452 |
authorized by section 4905.31 of the Revised Code,
nor to electric | 1453 |
light companies operated not for profit or public
utilities that | 1454 |
are owned or operated by a municipal corporation. | 1455 |
Sec. 5104.011. (A) The director of job and family services | 1484 |
shall
adopt rules pursuant to Chapter 119. of the Revised
Code | 1485 |
governing the operation of child day-care centers, including, but | 1486 |
not limited to, parent cooperative centers, part-time centers, | 1487 |
drop-in centers, and school child centers, which rules shall | 1488 |
reflect the various forms of child day-care and the needs of | 1489 |
children receiving child day-care or publicly funded child | 1490 |
day-care and, no later than January 1, 1992, shall include | 1491 |
specific rules for school child day-care centers that are | 1492 |
developed in consultation with the department of education. The | 1493 |
rules shall not require an existing school facility that is in | 1494 |
compliance with applicable building codes to undergo an
additional | 1495 |
building code inspection or to have structural
modifications. The | 1496 |
rules shall include the following: | 1497 |
(4) Standards for a program of activities, and for play | 1509 |
equipment, materials, and supplies, to enhance the development of | 1510 |
each child; however, any educational curricula, philosophies, and | 1511 |
methodologies that are developmentally appropriate and that | 1512 |
enhance the social, emotional, intellectual, and physical | 1513 |
development of each child shall be permissible. As used in this | 1514 |
division, "program" does not include instruction in religious or | 1515 |
moral doctrines, beliefs, or values that is conducted at child | 1516 |
day-care centers owned and operated by churches and does include | 1517 |
methods of disciplining children at child day-care centers. | 1518 |
(5) Admissions policies and procedures, health care
policies | 1519 |
and procedures, including, but not limited to,
procedures for the | 1520 |
isolation of children with communicable
diseases, first aid and | 1521 |
emergency procedures, procedures for
discipline and supervision of | 1522 |
children, standards for the
provision of nutritious meals and | 1523 |
snacks, and procedures for
screening children and employees, | 1524 |
including, but not limited to,
any necessary physical examinations | 1525 |
and immunizations; | 1526 |
(B)(1) The child day-care center shall have, for each
child | 1568 |
for whom the center is licensed, at least thirty-five
square feet | 1569 |
of usable indoor floor space wall-to-wall regularly
available for | 1570 |
the child day-care operation exclusive of any parts
of the | 1571 |
structure in which the care of children is prohibited by
law or by | 1572 |
rules adopted by the board of building standards. The
minimum of | 1573 |
thirty-five square feet of usable indoor floor space
shall not | 1574 |
include hallways, kitchens, storage areas, or any other
areas that | 1575 |
are not available for the care of children, as
determined by the | 1576 |
director, in meeting the space requirement of
this division, and | 1577 |
bathrooms shall be counted in determining
square footage only if | 1578 |
they are used exclusively by children
enrolled in the center, | 1579 |
except that the exclusion of hallways,
kitchens, storage areas, | 1580 |
bathrooms not used exclusively by
children enrolled in the center, | 1581 |
and any other areas not
available for the care of children from | 1582 |
the minimum of
thirty-five square feet of usable indoor floor | 1583 |
space shall not
apply to: | 1584 |
The director also shall exempt from the requirement of this | 1610 |
division a child day-care center that was licensed prior to | 1611 |
September 1, 1986, if the center received approval from the | 1612 |
director prior to September 1, 1986, to use a park, playground,
or | 1613 |
similar area, not connected with the center, for play or | 1614 |
recreation in lieu of the outdoor space requirements of this | 1615 |
section and if the children are closely supervised both during | 1616 |
play and while traveling to and from the area and except if the | 1617 |
director determines upon investigation and inspection pursuant to | 1618 |
section 5104.04 of the Revised Code and rules
adopted
pursuant to | 1619 |
that section that the park, playground, or similar
area, as well | 1620 |
as access to and from the area, is unsafe for the
children. | 1621 |
(3) The child day-care center shall have at least two | 1622 |
responsible adults available on the premises at all times when | 1623 |
seven or more children are in the center. The center shall | 1624 |
organize the children in the center in small groups, shall
provide | 1625 |
child-care staff to give continuity of care and
supervision to the | 1626 |
children on a day-by-day basis, and shall
ensure that no child is | 1627 |
left alone or unsupervised. Except as
otherwise provided in | 1628 |
division (E) of this section, the maximum
number of children per | 1629 |
child-care staff member and maximum group
size, by age category of | 1630 |
children, are as follows: | 1631 |
(i) Two years of experience working as a child-care staff | 1694 |
member in a center and at least four courses in child development | 1695 |
or early childhood education from an accredited college, | 1696 |
university, or technical college, except that a person who has
two | 1697 |
years of experience working as a child-care staff member in a | 1698 |
particular center and who has been promoted to or designated as | 1699 |
administrator of that center shall have one year from the time
the | 1700 |
person was promoted to or designated as administrator to complete | 1701 |
the required four courses; | 1702 |
(ii) A student enrolled in the second year of a vocational | 1725 |
child-care training program approved by the state board of | 1726 |
education which leads to high school graduation, provided that
the | 1727 |
student performs the student's duties in the child
day-care center | 1728 |
under the continuous supervision of an experienced child-care | 1729 |
staff member, receives periodic supervision from the vocational | 1730 |
child-care training program teacher-coordinator in the
student's | 1731 |
high school, and meets all other requirements of this chapter
and | 1732 |
rules adopted pursuant to this chapter. | 1733 |
(ii) Is a student enrolled in the second year of a | 1740 |
vocational child-care training program approved by the state
board | 1741 |
of education which leads to high school graduation,
provided that | 1742 |
the student performs the student's duties in
the child day-care | 1743 |
center under the continuous supervision of an
experienced | 1744 |
child-care staff member, receives periodic
supervision from the | 1745 |
vocational child-care training program
teacher-coordinator in the | 1746 |
student's high school, and meets
all other requirements of this | 1747 |
chapter and rules
adopted pursuant to this
chapter. | 1748 |
(6) Every child day-care staff member of a child day-care | 1749 |
center annually shall complete fifteen hours of inservice
training | 1750 |
in child development or early childhood education, child
abuse | 1751 |
recognition and prevention, first aid, and in prevention, | 1752 |
recognition, and management of communicable diseases, until a | 1753 |
total of forty-five hours of training has been completed, unless | 1754 |
the staff member furnishes one of the following to the
director: | 1755 |
(7) The administrator of each child day-care center shall | 1767 |
prepare at least once annually and for each group of children at | 1768 |
the center a roster of names and telephone numbers of parents, | 1769 |
custodians, or guardians of each group of children attending the | 1770 |
center and upon request shall furnish the roster for each group
to | 1771 |
the parents, custodians, or guardians of the children in that | 1772 |
group. The administrator may prepare a roster of names and | 1773 |
telephone numbers of all parents, custodians, or guardians of | 1774 |
children attending the center and upon request shall furnish the | 1775 |
roster to the parents, custodians, or guardians of the children | 1776 |
who attend the center. The administrator shall not include in
any | 1777 |
roster the name or telephone number of any parent, custodian,
or | 1778 |
guardian who requests the administrator not to include the | 1779 |
parent's, custodian's, or guardian's name or number and shall not | 1780 |
furnish
any roster to any person other than a parent, custodian, | 1781 |
or guardian of a
child who attends the center. | 1782 |
(2) The administrator of each child day-care center shall | 1791 |
maintain enrollment, health, and attendance records for all | 1792 |
children attending the center and health and employment records | 1793 |
for all center employees. The records shall be confidential, | 1794 |
except as otherwise provided in division (B)(7) of this section | 1795 |
and except that they shall be disclosed by the administrator to | 1796 |
the director upon request for the purpose of administering and | 1797 |
enforcing this chapter and rules adopted pursuant to this
chapter. | 1798 |
Neither the center nor the licensee, administrator, or
employees | 1799 |
of the center shall be civilly or criminally liable in
damages or | 1800 |
otherwise for records disclosed to the director by the | 1801 |
administrator pursuant to this division. It shall be a defense
to | 1802 |
any civil or criminal charge based upon records disclosed by
the | 1803 |
administrator to the director that the records were disclosed | 1804 |
pursuant to this division. | 1805 |
(3)(a) Any parent who is the residential parent and legal | 1806 |
custodian of a child enrolled in a child day-care center and any | 1807 |
custodian or guardian of such a child shall be permitted
unlimited | 1808 |
access to the center during its hours of operation for
the | 1809 |
purposes of contacting their children, evaluating the care | 1810 |
provided by the center, evaluating the premises of the center, or | 1811 |
for other purposes approved by the director. A parent of a child | 1812 |
enrolled in a child day-care center who is not the child's | 1813 |
residential parent shall be permitted unlimited access to the | 1814 |
center during its hours of operation for those purposes under the | 1815 |
same terms and conditions under which the residential parent of | 1816 |
that child is permitted access to the center for those purposes. | 1817 |
However, the access of the parent who is not the residential | 1818 |
parent is subject to any agreement between the parents and, to
the | 1819 |
extent described in division (C)(3)(b) of this section, is
subject | 1820 |
to any terms and conditions limiting the right of access
of the | 1821 |
parent who is not the residential parent, as described in
division | 1822 |
(I) of section 3109.051 of the Revised Code, that are
contained in | 1823 |
a parenting time order or decree issued
under that
section, | 1824 |
section 3109.12 of the Revised Code, or any
other provision of | 1825 |
the Revised Code. | 1826 |
(b) If a parent who is the residential parent of a child
has | 1827 |
presented the administrator or the administrator's
designee with a | 1828 |
copy of a
parenting time order that limits the terms and | 1829 |
conditions under which
the parent who is not the residential | 1830 |
parent is to have access to
the center, as described in division | 1831 |
(I) of section 3109.051 of
the Revised Code, the parent who is not | 1832 |
the residential parent
shall be provided access to the center only | 1833 |
to the extent
authorized in the order. If the residential parent | 1834 |
has presented
such an order, the parent who is not the residential | 1835 |
parent shall
be permitted access to the center only in accordance | 1836 |
with the
most recent order that has been presented to the | 1837 |
administrator or
the administrator's designee by the residential | 1838 |
parent or
the parent who is not the residential parent. | 1839 |
(D) The director of job and family services, in addition to | 1846 |
the
rules adopted under division (A) of this section, shall adopt | 1847 |
rules establishing minimum requirements for child day-care | 1848 |
centers. The rules shall include, but not be limited to, the | 1849 |
requirements set forth in divisions (B) and (C) of this section. | 1850 |
Except as provided in section 5104.07 of the Revised Code, the | 1851 |
rules shall not change the square footage requirements of
division | 1852 |
(B)(1) or (2) of this section; the maximum number of
children per | 1853 |
child-care staff member and maximum group size
requirements of | 1854 |
division (B)(3) of this section; the educational
and experience | 1855 |
requirements of division (B)(4) of this section;
the age, | 1856 |
educational, and experience requirements of division
(B)(5) of | 1857 |
this section; the number of inservice training hours
required | 1858 |
under division (B)(6) of this section; or the
requirement for at | 1859 |
least annual preparation of a roster for each
group of children of | 1860 |
names and telephone numbers of parents,
custodians, or guardians | 1861 |
of each group of children attending the
center that must be | 1862 |
furnished upon request to any parent,
custodian, or guardian of | 1863 |
any child in that group required under
division (B)(7) of this | 1864 |
section; however, the rules shall provide
procedures for | 1865 |
determining compliance with those requirements. | 1866 |
(E)(1) When age groups are combined, the maximum number of | 1867 |
children per child-care staff member shall be determined by the | 1868 |
age of the youngest child in the group, except that when no more | 1869 |
than one child thirty months of age or older receives services in | 1870 |
a group in which all the other children are in the next older age | 1871 |
group, the maximum number of children per child-care staff member | 1872 |
and maximum group size requirements of the older age group | 1873 |
established under division (B)(3) of this section shall apply. | 1874 |
(F) The director of job and family services shall adopt | 1891 |
rules
pursuant to Chapter 119. of the Revised Code governing the | 1892 |
operation of type A family day-care homes, including, but not | 1893 |
limited to, parent cooperative type A homes, part-time type A | 1894 |
homes, drop-in type A homes, and school child type A homes, which | 1895 |
shall reflect the various forms of child day-care and the needs
of | 1896 |
children receiving child day-care. The rules shall include
the | 1897 |
following: | 1898 |
(4) Standards for a program of activities, and for play | 1910 |
equipment, materials, and supplies, to enhance the development of | 1911 |
each child; however, any educational curricula, philosophies, and | 1912 |
methodologies that are developmentally appropriate and that | 1913 |
enhance the social, emotional, intellectual, and physical | 1914 |
development of each child shall be permissible; | 1915 |
(5) Admissions policies and procedures, health care
policies | 1916 |
and procedures, including, but not limited to,
procedures for the | 1917 |
isolation of children with communicable
diseases, first aid and | 1918 |
emergency procedures, procedures for
discipline and supervision of | 1919 |
children, standards for the
provision of nutritious meals and | 1920 |
snacks, and procedures for
screening children and employees, | 1921 |
including, but not limited to,
any necessary physical examinations | 1922 |
and immunizations; | 1923 |
The rules shall require, and
shall include procedures for the | 1989 |
director to ensure, that type B
family day-care homes that receive | 1990 |
a limited certification
provide child day-care to children in a | 1991 |
safe and sanitary manner.
With regard to providers who apply for | 1992 |
limited certification, a
provider shall be granted a provisional | 1993 |
limited certification on
signing a declaration under oath | 1994 |
attesting that the provider
meets the standards for limited | 1995 |
certification. Such provisional limited
certifications shall | 1996 |
remain in effect for no more than sixty
calendar days and shall | 1997 |
entitle the provider to offer publicly
funded child day-care | 1998 |
during the provisional period. Except
as otherwise provided in | 1999 |
division (G)(1) of this section, prior
to
the expiration of the | 2000 |
provisional limited certificate, a county department of
job and | 2001 |
family services shall inspect the home and shall
grant limited | 2002 |
certification to the provider if the provider
meets the | 2003 |
requirements of this division. Limited certificates remain valid | 2004 |
for two years unless earlier revoked. Except as otherwise | 2005 |
provided in division (G)(1) of this section, providers operating | 2006 |
under limited certification shall be inspected annually. | 2007 |
If a provider is
a person described in division (G)(1)(a) of | 2008 |
this
section or a person described in division (G)(1)(b)
of this | 2009 |
section who is a friend of the caretaker parent, the provider and | 2010 |
the caretaker parent may verify in writing to the county | 2011 |
department of
job and family services that minimum health and | 2012 |
safety
requirements are being met in the home. If such | 2013 |
verification is provided, the
county shall waive any inspection | 2014 |
and any criminal records check required by this chapter and grant | 2015 |
limited
certification to the provider. | 2016 |
(c) Standards for a program of activities, and for play | 2028 |
equipment, materials, and supplies to enhance the development of | 2029 |
each child; however, any educational curricula, philosophies, and | 2030 |
methodologies that are developmentally appropriate and that | 2031 |
enhance the social, emotional, intellectual, and physical | 2032 |
development of each child shall be permissible; | 2033 |
(d) Admission policies and procedures, health care, first | 2034 |
aid and emergency procedures, procedures for the care of sick | 2035 |
children, procedures for discipline and supervision of children, | 2036 |
nutritional standards, and procedures for screening children and | 2037 |
authorized providers, including, but not limited to, any
necessary | 2038 |
physical examinations and immunizations; | 2039 |
(H) The director shall adopt rules pursuant to
Chapter 119. | 2069 |
of the Revised Code governing the certification of
in-home aides. | 2070 |
The rules shall include procedures, standards,
and other necessary | 2071 |
provisions for granting limited certification
to in-home aides who | 2072 |
provide child day-care for eligible children
who are | 2073 |
great-grandchildren, grandchildren, nieces, nephews, or
siblings | 2074 |
of the in-home aide or for eligible children whose
caretaker | 2075 |
parent is a grandchild, child, niece, nephew, or
sibling of the | 2076 |
in-home aide. The rules shall require, and shall
include | 2077 |
procedures for the director to ensure, that in-home aides
that | 2078 |
receive a limited certification provide child day-care to
children | 2079 |
in a safe and sanitary manner. The rules shall provide
for | 2080 |
safeguarding the health, safety, and welfare of children
receiving | 2081 |
publicly funded child day-care in their own home and
shall include | 2082 |
the following: | 2083 |
(3) Standards for a program of activities, and for play | 2091 |
equipment, materials, and supplies to enhance the development of | 2092 |
each child; however, any educational curricula, philosophies, and | 2093 |
methodologies that are developmentally appropriate and that | 2094 |
enhance the social, emotional, intellectual, and physical | 2095 |
development of each child shall be permissible; | 2096 |
(J) The director of job and family services shall send | 2129 |
copies of
proposed rules to each licensee and each county director | 2130 |
of
job and family services and shall give public notice of | 2131 |
hearings
regarding the
rules to each licensee and each county | 2132 |
director of job and
family services at least thirty days prior to | 2133 |
the date of the public
hearing, in
accordance with section 119.03 | 2134 |
of the Revised Code. Prior to the
effective date of a rule, the | 2135 |
director of job and family
services shall
provide copies of the | 2136 |
adopted rule to each licensee and each
county director of job and | 2137 |
family services. | 2138 |
Sec. 5503.08. Each state highway patrol officer shall, in | 2158 |
addition to the sick leave benefits provided in section 124.38 of | 2159 |
the Revised Code, be entitled to occupational injury leave. | 2160 |
Occupational injury leave of one thousand five hundred hours with | 2161 |
pay may, with the approval of the superintendent of the state | 2162 |
highway patrol, be used for absence resulting from each | 2163 |
independent injury incurred in the line of duty, except that | 2164 |
occupational injury leave is not available for injuries incurred | 2165 |
during those times when the patrol officer is actually engaged in | 2166 |
administrative or clerical duties at a patrol facility, when a | 2167 |
patrol officer is on a meal or rest period, or when the patrol | 2168 |
officer is engaged in any personal business. The superintendent | 2169 |
of the state highway patrol shall, by rule, define those | 2170 |
administrative and clerical duties and those situations where the | 2171 |
occurrence of an injury does not entitle the patrol officer to | 2172 |
occupational injury leave. Each injury incurred in the line of | 2173 |
duty which aggravates a previously existing injury, whether the | 2174 |
previously existing injury was so incurred or not, shall be | 2175 |
considered an independent injury. When its use is authorized | 2176 |
under this section, all occupational injury leave shall be | 2177 |
exhausted before any credit is deducted from unused sick leave | 2178 |
accumulated under section 124.38 of the Revised Code, except
that, | 2179 |
unless otherwise provided by the superintendent of the
state | 2180 |
highway patrol, occupational injury leave shall not be used
for | 2181 |
absence occurring within seven calendar days of the injury.
During | 2182 |
that seven calendar day period, unused sick leave may be
used for | 2183 |
such an absence. | 2184 |
The superintendent shall, by rule, provide for periodic | 2201 |
medical examinations, by a physician he selects, of patrol | 2202 |
officers who are using occupational injury leave.
A
physicianThe | 2203 |
individual selected to conduct the medical examinations shall | 2204 |
report to the superintendent the results of each such
examination, | 2205 |
including a description of the progress made by the
patrol officer | 2206 |
in recovering from the independent injury, and
whether or not the | 2207 |
independent injury continues to prevent the
patrol officer from | 2208 |
attending work. | 2209 |
Occupational injury leave pay made according to this
section | 2226 |
is in lieu of such workers' compensation benefits as
would have | 2227 |
been payable directly to a patrol officer pursuant to
sections | 2228 |
4123.56 and 4123.58 of the Revised Code, but all other | 2229 |
compensation and benefits pursuant to Chapter 4123. of the
Revised | 2230 |
Code are payable as in any other case. If at the close
of the | 2231 |
period, the patrol officer remains disabled,
hethe patrol
officer | 2232 |
is entitled to all compensation and benefits, without a waiting | 2233 |
period pursuant to section 4123.55 of the Revised Code based upon | 2234 |
the injury received, for which
hethe patrol officer qualifies | 2235 |
pursuant to Chapter 4123. of the Revised Code. Compensation shall | 2236 |
be paid
from the date that the patrol officer ceases to receive | 2237 |
histhe
patrol officer's regular rate
of pay pursuant to this | 2238 |
section. | 2239 |
Section 2. That existing sections 124.32, 124.41, 124.42, | 2242 |
124.50, 503.45, 503.47, 505.38, 709.012, 737.15, 737.16, 737.22, | 2243 |
911.11, 1561.26, 2151.53, 2743.62, 2907.29, 3107.02, 3111.91, | 2244 |
3319.13,
3327.10, 3331.02, 3331.06, 3331.07, 3773.41, 3773.42, | 2245 |
3773.45,
3919.29, 4506.10, 4507.20, 4715.30, 4933.122, 5104.011, | 2246 |
and 5503.08
of the Revised Code are hereby repealed. | 2247 |
Sec. 3327.10. (A) No person shall be employed as driver
of | 2251 |
a school bus or motor van, owned and operated by any school | 2252 |
district or educational service center or privately owned and | 2253 |
operated under
contract with any
school district or service center | 2254 |
in this state, who has not received a
certificate
from the | 2255 |
educational service center governing board in case such person is | 2256 |
employed by a service center or by
a local school
district under | 2257 |
the supervision of the service center governing
board, or by the | 2258 |
superintendent of schools, in case such person is employed by the | 2259 |
board of a city or exempted village school district, certifying | 2260 |
that such person is at least eighteen years of age and is of good | 2261 |
moral character and is qualified physically and otherwise for
such | 2262 |
position. The service center governing board or the | 2263 |
superintendent, as the
case may be, shall provide for an annual | 2264 |
physical examination
that conforms with rules adopted by the state | 2265 |
board of education
of each driver to ascertain
the driver's | 2266 |
physical fitness
for such
employment. Any certificate may be | 2267 |
revoked by the authority
granting the same on proof that the | 2268 |
holder has been guilty of
failing to comply with division (D)(1) | 2269 |
of this section, or upon a
conviction or a guilty plea for a | 2270 |
violation, or any other action,
that results in a loss or | 2271 |
suspension of driving rights. Failure
to comply with such | 2272 |
division may be cause for disciplinary action
or termination of | 2273 |
employment under division (C) of section
3319.081, or section | 2274 |
124.34 of the Revised Code. | 2275 |
(B) No person shall be employed as driver of a school bus
or | 2276 |
motor van not subject to the rules of the department of
education | 2277 |
pursuant to division (A) of this section who has not
received a | 2278 |
certificate from the school administrator or
contractor certifying | 2279 |
that such person is at least eighteen years
of age, is of good | 2280 |
moral character, and is qualified physically
and otherwise for | 2281 |
such position. Each driver shall have an
annual physical | 2282 |
examination which conforms to the state highway
patrol rules, | 2283 |
ascertaining
the driver's physical fitness for
such
employment.
| 2284 |
The examination shall be performed by one of the
following: | 2285 |
Sec. 4506.10. (A) No person who holds a valid commercial | 2323 |
driver's license shall drive a commercial motor vehicle unless
| 2324 |
the person
is physically qualified to do so. Each person who | 2325 |
drives or
expects to drive a commercial motor vehicle in | 2326 |
interstate or
foreign commerce or is otherwise subject to 49 | 2327 |
C.F.R. 391, et
seq., as amended, shall certify to the registrar of | 2328 |
motor
vehicles at the time of application for a commercial | 2329 |
driver's
license that
the person is in compliance with these | 2330 |
standards. Any
person who is not subject to 49 C.F.R. 391, et | 2331 |
seq., as amended,
also shall certify at the time of application | 2332 |
that
the person
is not
subject to these standards. | 2333 |
The registrar, upon receiving satisfactory evidence that an | 2378 |
applicant or holder of a commercial driver's license has violated | 2379 |
division (A)(4) of section 4506.04 of the Revised Code and | 2380 |
knowingly given false information in any application or | 2381 |
certification required by section 4506.07 of the Revised Code, | 2382 |
shall cancel the commercial driver's license of the person or any | 2383 |
pending application from the person for a commercial driver's | 2384 |
license or class D driver's license for a period of at least
sixty | 2385 |
days, during which time no application for a commercial
driver's | 2386 |
license or class D driver's license shall be received
from the | 2387 |
person. | 2388 |
Sec. 4507.20. The registrar of motor vehicles,
when the | 2391 |
registrar has good cause to
believe that the
holder of a
driver's | 2392 |
or commercial driver's license is incompetent
or otherwise not | 2393 |
qualified to be licensed, shall upon written
notice of at least
| 2394 |
thirty days sent
to the licensee's last
known address, require
| 2395 |
the licensee
to submit to a driver's
license examination, a | 2396 |
physical examination, or both, or a
commercial
driver's license | 2397 |
examination.
UponThe physical examination may be conducted by any | 2398 |
individual authorized by the Revised Code to do so, including a | 2399 |
physician assistant, a clinical nurse specialist, a certified | 2400 |
nurse practitioner, or a certified nurse-midwife.
Any written | 2401 |
documentation of the physical examination shall be completed by | 2402 |
the individual who conducted the examination. | 2403 |