REPRESENTATIVES D. Miller, Aslanides, Kilbane, Seitz, Gilb, Fessler, McGregor, Sullivan, Raga, Kearns, Jolivette

To amend sections 124.32, 124.41, 124.42, 124.50,

1

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

2

737.22, 911.11, 1561.26, 2151.53, 2743.62, 2907.29,

3

3107.02, 3111.91, 3319.13, 3327.10, 3331.02,

4

3331.06, 3331.07, 3773.41, 3773.42, 3773.45,

5

3919.29, 4506.10, 4507.20, 4715.30, 4933.122,

6

5104.011, and 5503.08 and to enact sections 1.64

7

and 5103.0327 of the Revised Code to provide that

8

certain medical physical examinations required by

9

statute may be performed by physician assistants,

10

clinical nurse specialists, certified nurse

11

practitioners, and certified nurse-midwives and to

12

amend the versions of sections 3327.10, 4506.10,

13

and 4507.20 of the Revised Code that are scheduled

14

to take effect January 1, 2004, to continue the

15

provisions of this act on and after that effective

16

date.

17

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

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. 1.64. As used in the Revised Code:

25

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

(B) "Certified nurse practitioner" means a registered nurse	31
who holds a valid certificate of authority issued under Chapter	32
4723. of the Revised Code that authorizes the practice of nursing	33
as a certified nurse practitioner in accordance with section	34
4723.43 of the Revised Code and rules adopted by the board of	35
nursing.	36

(C) "Clinical nurse specialist" means a registered nurse who	37
holds a valid certificate of authority issued under Chapter 4723.	38
of the Revised Code that authorizes the practice of nursing as a	39
clinical nurse specialist in accordance with section 4723.43 of	40
the Revised Code and rules adopted by the board of nursing.	41

(D) "Physician assistant" means an individual who holds a	42
valid certificate of authority issued under Chapter 4730. of the	43
Revised Code authorizing the individual to provide services as a	44
physician assistant to patients under the supervision and	45
direction of one or more physicians.	46

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

Sec. 503.45.  If a board of township trustees has adopted a	196
resolution under section 503.41 of the Revised Code, the	197
application for a license as a masseur or masseusemassager shall	198
be made to the board and shall include the following:	199

(A) An initial, nonrefundable filing fee of one hundred	200
dollars and an annual nonrefundable renewal fee of fifty dollars;	201

(B) The results of a physical examination performed by a	202
licensed physician, a physician assistant, a clinical nurse	203
specialist, a certified nurse practitioner, or a certified	204
nurse-midwife within thirty days of the application certifying	205
that the applicant is free from communicable diseases;	206

(C) The full name, date of birth, address, and social	207
security number of the applicant;	208

(D) The results of an investigation by appropriate police	209
agencies into the criminal record of the applicant, including a	210
photograph taken no later than thirty days prior to the	211
application, fingerprints, and background investigation;	212

(E) Any other information determined by the board to be	213
necessary.	214

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. 503.47.  If a board of township trustees has adopted a	224
resolution under section 503.41 of the Revised Code, the	225
regulations adopted for that purpose may require any of the	226
following:	227

(A) A massage establishment to display its current permit in	228
an area open to the public;	229

(B) Each masseur or masseusemassager to display his or her	230
the massager's license at all times in the areas where the	231
licensee is providing massages;	232

(C) Massage establishments to undergo periodic health and	233
safety inspections to determine continual compliance with	234
applicable health and safety codes;	235

(D) Masseurs and masseusesMassagers to undergo periodic	236
physical examinations performed by a licensed physician, a	237
physician assistant, a clinical nurse specialist, a certified	238
nurse practitioner, or a certified nurse-midwife certifying that	239
the masseur or masseusemassager continues to be free from	240
communicable diseases;	241

(E) Any other requirement reasonably thought necessary by	242
the board.	243

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

In case of the removal of a fire chief or any member of the	266
fire department of a township or fire district, an appeal may be	267
had from the decision of the board to the court of common pleas of	268
the county in which the township or fire district fire department	269
is situated to determine the sufficiency of the cause of removal.	270
The appeal from the findings of the board shall be taken within	271
ten days.	272

No person who is appointed as a volunteer firefighter of the	273
fire department of any township or fire district shall remain in	274
that position unless either of the following applies:	275

(1) Within one year of the appointment, the person has	276
received a certificate issued under former section 3303.07 of the	277
Revised Code or division (C)(1) or (2) of section 4765.55 of the	278
Revised Code evidencing satisfactory completion of a firefighter	279
training program.	280

(2) The person began serving as a permanent full-time paid	281
firefighter with the fire department of a city or village prior to	282
July 2, 1970, or as a volunteer firefighter with the fire	283
department of a city, village, or other township or fire district	284
prior to July 2, 1979, and receives a certificate issued under	285
division (C)(3) of section 4765.55 of the Revised Code.	286

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

(B) In each township not having a fire department, the board	304
of township trustees shall appoint a fire prevention officer who	305
shall exercise all of the duties of a fire chief except those	306
involving the maintenance and operation of fire apparatus. The	307
board of township trustees may appoint one or more deputy fire	308
prevention officers who shall exercise the duties assigned by the	309
fire prevention officer.	310

The board of township trustees may fix the compensation for	311
the fire prevention officer and the fire prevention officer's	312
deputies as it considers best. The board of township trustees	313
shall appoint each fire prevention officer and deputy for a	314
one-year term. An appointee may be reappointed at the end of a	315
term to another one-year term. Any appointee may be removed from	316
office during a term as provided by sections 733.35 to 733.39 of	317
the Revised Code. Section 505.45 of the Revised Code extends to	318
those officers.	319

(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

Sec. 709.012.  When a municipal corporation annexes township	355
territory which results in a reduction of the firefighting force	356
of the township or joint township fire district, the reduction	357
shall be made by dismissal of firefighters in the inverse order of	358
seniority, with the employee with least time of service being	359
dismissed first. The annexing municipal corporation shall offer	360
employment in the inverse order of dismissal by the township to	361
such firefighters if a vacancy exists in the municipal fire	362
department and if they:	363

(A) Were full-time paid active members of the township or	364
joint township firefighting force for at least six months prior to	365
dismissal and have made application to the municipal corporation	366
within sixty days after the effective date of dismissal;	367

(B) Have passed a physical examination as prescribed by the	368
physician of the annexing municipal corporation and meet the	369
requirements necessary to perform firefighting duties;	370

(C) Meet minimum standards of the municipal corporation with	371
respect to moral character, literacy, and ability to understand	372
oral and written instructions as determined by an interview	373
conducted by the fire department of the municipal corporation. The	374
applicant shall be at least twenty-one years of age on the date of	375
application.	376

(D) Are able to qualify for membership in the Ohio police	377
and fire pension fund.	378

A physical examination required by division (B) of this	379
section may be conducted by any individual authorized by the	380
Revised Code to conduct physical examinations, including a	381
physician assistant, a clinical nurse specialist, a certified	382
nurse practitioner, or a certified nurse-midwife. Any written	383
documentation of the physical examination shall be completed by	384
the individual who administered the examination.	385

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

Compliance with this section is in lieu of compliance with	413
section 124.42 of the Revised Code or any other requirements for	414
original appointment to a municipal fire district.	415

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

Sec. 737.16.  The mayor shall, when provided for by the	440
legislative authority of a village, and subject to its	441
confirmation, appoint all deputy marshals, police officers, night	442
guards, and special police officers. All such officers shall	443
continue in office until removed therefrom for the cause and in	444
the manner provided by section 737.19 of the Revised Code.	445

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

In each village not having a fire department, the mayor	469
shall, with the advice and consent of the legislative authority of	470
the village, appoint a fire prevention officer who shall exercise	471
all of the duties of a fire chief except those involving the	472
maintenance and operation of fire apparatus.	473

The legislative authority of the village may fix the	474
compensation it considers best. The appointee shall continue in	475
office until removed from office as provided by sections 733.35	476
to 733.39 of the Revised Code. Section 737.23 of the Revised Code	477
shall extend to the officer.	478

(B) The legislative authority of the village may provide for	479
the appointment of permanent full-time paid firefighters as it	480
considers best and fix their compensation, or for the services of	481
volunteer firefighters, who shall be appointed by the mayor with	482
the advice and consent of the legislative authority, and shall	483
continue in office until removed from office.	484

(1) No person shall be appointed as a permanent full-time	485
paid firefighter of a village fire department, unless either of	486
the following applies:	487

(a) The person has received a certificate issued under	488
former section 3303.07 of the Revised Code or division (C)(1) or	489
(2) of section 4765.55 of the Revised Code evidencing satisfactory	490
completion of a firefighter training program.	491

(b) The person began serving as a permanent full-time paid	492
firefighter with the fire department of a city or other village	493
prior to July 2, 1970, and receives a certificate issued under	494
division (C)(3) of section 4765.55 of the Revised Code.	495

(2) No person who is appointed as a volunteer firefighter of	496
a village fire department shall remain in that position, unless	497
either of the following applies:	498

(a) Within one year of the appointment, the person has	499
received a certificate issued under former section 3303.07 or	500
section 4765.55 of the Revised Code evidencing satisfactory	501
completion of a firefighter training program.	502

(b) The person has served as a permanent full-time paid	503
firefighter with the fire department of a city or other village	504
prior to July 2, 1970, or as a volunteer firefighter with the fire	505
department of a city, township, fire district, or other village	506
prior to July 2, 1979, and receives a certificate issued under	507
division (C)(3) of section 4765.55 of the Revised Code.	508

(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

Sec. 1561.26.  (A) As used in this section, "EMT-basic,"	536
"EMT-I," and "paramedic" have the same meanings as in section	537
4765.01 of the Revised Code.	538

(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

The superintendent shall prescribe and provide for a uniform	600
schedule of conducting such safety and rescue classes as will	601
provide a competent knowledge of modern safety and rescue methods	602
in, at, and about mines.	603

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

Sec. 2743.62.  (A)(1) Subject to division (A)(2) of this	619
section, there is no privilege, except the privileges arising from	620
the attorney-client relationship, as to communications or records	621
that are relevant to the physical, mental, or emotional condition	622
of the claimant or victim in a proceeding under sections 2743.51	623
to 2743.72 of the Revised Code in which that condition is an	624
element.	625

(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

(C) On request of the person examined, the attorney general	667
shall furnish the person a copy of the report. If the victim is	668
deceased, the attorney general, on request, shall furnish the	669
claimant a copy of the report.	670

(D) The attorney general, a panel of commissioners, or a	671
judge of the court of claims may require the claimant to	672
supplement the application for an award of reparations with any	673
reasonably available medical or psychological reports relating to	674
the injury for which the award of reparations is claimed.	675

(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

Each reported victim shall be informed of available venereal	704
disease, pregnancy, medical, and psychiatric services.	705

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

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

716

(B) An adult may be adopted under any of the following	717
conditions:	718

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

719

(2) If the adult is determined to be a mentally retarded	720
person as defined in section 5123.01 of the Revised Code;	721

(3) If the adult had established a child-foster caregiver or	722
child-stepparent relationship with the petitioners as a minor, and	723
the adult consents to the adoption.	724

(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

Sec.  3111.91.  (A) In a non-spousal artificial	741
insemination, fresh or frozen semen may be used, provided that the	742
requirements of division (B) of this section are satisfied.	743

(B)(1) A physician, physician assistant, clinical nurse	744
specialist, certified nurse practitioner, certified nurse-midwife,	745
or person under the supervision and control of a physician may use	746
fresh semen for purposes of a non-spousal artificial insemination,	747
only if within one year prior to the supplying of the semen, aall	748
of the following occurred:	749

(a) A complete medical history of the donor, including, but	750
not limited to, any available genetic history of the donor, was	751
obtained by a physician, thea physician assistant, a clinical	752
nurse specialist, or a certified nurse practitioner.	753

(b) The donor had a physical examination by a physician, and	754
thea physician assistant, a clinical nurse specialist, or a	755
certified nurse practitioner.	756

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

757

(2) A physician, physician assistant, clinical nurse	758
specialist, certified nurse practitioner, certified nurse-midwife,	759
or person under the supervision and control of a physician may use	760
frozen semen for purposes of a non-spousal artificial insemination	761
only if all the following apply:	762

(a) The requirements set forth in division (B)(1) of this	763
section are satisfied;	764

(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

(c) The physician involved in the non-spousal artificial	773
insemination determines that the results of the laboratory studies	774
are acceptable results.	775

(3) Any written documentation of a physical examination	776
conducted pursuant to division (B)(1)(b) of this section shall be	777
completed by the individual who conducted the examination.	778

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

(A) If employed as a replacement for less than twelve	829
months, the person shall be employed under a contract valid for a	830
period equal to twelve months less the number of months employed	831
as a replacement. At the end of such contract period, if the	832
person is reemployed it shall be under a two-year contract.	833
Subsequent reemployment shall be pursuant to division (B) of	834
section 3319.081 of the Revised Code.	835

(B) If employed as a replacement for twelve months or more	836
but less than twenty-four months, the person shall be employed	837
under a contract valid for a period equal to twenty-four months	838
less the number of months employed as a replacement. Subsequent	839
reemployment shall be pursuant to division (B) of section 3319.081	840
of the Revised Code.	841

(C) If employed as a replacement for more than twenty-four	842
months, the person shall be employed pursuant to division (B) of	843
section 3319.081 of the Revised Code.	844

For purposes of this section, employment during any part of a	845
month shall count as employment during the entire month.	846

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) A person licensed under Chapter 4731. of the Revised Code	882
or by another state to practice medicine and surgery or	883
osteopathic medicine and surgery;	884

(2) A registered nurse who holds a certificate of authority	885
issued under Chapter 4723. of the Revised Code to practice as	886
physician assistant, a certified nurse practitioner or, a clinical	887
nurse specialist and is practicing pursuant to a standard care	888
arrangement with a collaborating physician, or a certified	889
nurse-midwife.	890

Any written documentation of the physical examination shall	891
be completed by the individual who performed the examination.	892

Any certificate may be revoked by the authority granting the	893
same on proof that the holder has been guilty of failing to comply	894
with division (D)(2) of this section.	895

(C) Any person who drives a school bus or motor van must	896
give satisfactory and sufficient bond except a driver who is an	897
employee of a school district and who drives a bus or motor van	898
owned by the school district.	899

(D) No person employed as driver of a school bus or motor	900
van under this section who is convicted of a traffic violation or	901
who has had the person's commercial driver's license suspended or	902
revoked shall drive a school bus or motor van until such person	903
has filed a written notice of such conviction, suspension, or	904
revocation as follows:	905

(1) If the person is employed under division (A) of this	906
section, such notice shall be filed with the superintendent, or a	907
person designated by the superintendent, of the school district	908
for which such person drives a school bus or motor van as an	909
employee or drives a privately owned and operated school bus or	910
motor van under contract.	911

(2) If employed under division (B) of this section, such	912
notice shall be filed with the employing school administrator or	913
contractor, or a person designated by the administrator or	914
contractor.	915

(E) In addition to resulting in possible revocation of a	916
certificate as authorized by divisions (A) and (B) of this	917
section, violation of division (D) of this section is a minor	918
misdemeanor.	919

Sec. 3331.02. (A) The superintendent of schools or the chief	920
administrative officer, as appropriate pursuant to section 3331.01	921
of the Revised Code, shall not issue an age and schooling	922
certificate until the superintendent or chief administrative	923
officer has received, examined, approved, and filed the following	924
papers duly executed:	925

(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

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

949

(a) A certified copy of an original birth record or a	950
certification of birth, issued in accordance with Chapter 3705. of	951
the Revised Code, or by an officer charged with the duty of	952
recording births in another state or country, shall be conclusive	953
evidence of the age of the child;	954

(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

(c) In case none of the above proofs of age can be produced,	962
other documentary evidence, except the affidavit of the parent,	963
guardian, or custodian, satisfactory to the superintendent or	964
chief administrative officer may be accepted in lieu thereof;	965

(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

(B)(1) Except as provided in division (B)(2) of this	1007
section, a physical fitness certificate described in division	1008
(A)(4) of this section is valid for purposes of that division	1009
while the child remains employed in job duties of a similar nature	1010
as the job duties for which the child last was issued an age and	1011
schooling certificate. The superintendent or chief administrative	1012
officer who issues an age and schooling certificate shall	1013
determine whether job duties are similar for purposes of this	1014
division.	1015

(2) A "limited" physical fitness certificate described in	1016
division (A)(4) of this section is valid for one year.	1017

(C) The superintendent of schools or the chief	1018
administrative officer shall require a child who resides out of	1019
this state to file all the information required under division (A)	1020
of this section. The superintendent of schools or the chief	1021
administrative officer shall evaluate the information filed and	1022
determine whether to issue the age and schooling certificate using	1023
the same standards as those the superintendent or officer uses for	1024
in-state children.	1025

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

The commission shall prescribe the form of the application	1052
for a participant's license. The application shall include the	1053
correct and ring or assumed name, if any, of the applicant, the	1054
applicant's address, the applicant's date and place of birth, the	1055
applicant's occupation, and a copy of the applicant's win and loss	1056
record as a contestant, if applicable.	1057

An application for a contestant's license shall also include	1058
a certified copy of the results of a physical examination of the	1059
applicant that a licensed physician, physician assistant, clinical	1060
nurse specialist, certified nurse practitioner, or certified	1061
nurse-midwife conducted not more than sixty days prior to the	1062
filing of the application.	1063

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

A person shall not be determined to possess the knowledge and	1073
experience necessary to qualify that person to hold a referee's	1074
license unless all of the following conditions are met:	1075

(A) The person has completed such referee training	1076
requirements as the commission prescribes by rule;	1077

(B) The person possesses such experience requirements as the	1078
commission prescribes by rule;	1079

(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

The commission shall issue a referee's license to each person	1089
who meets the requirements of divisions (A) to (C) of this	1090
section.	1091

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

Each license issued pursuant to this section shall bear the	1103
correct name and ring or assumed name, if any, of the licensee,	1104
the address of the licensee, the date of issue, a serial number	1105
designated by the commission, the seal of the commission, and the	1106
signature of the commission chairperson.	1107

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

Immediately after the end of a match or exhibition, the	1143
physicianexaminer shall examine each contestant who was knocked	1144
out in the match or exhibition, and record the outcome of the	1145
match or exhibition and any physical injuries sustained by the	1146
contestant on the contestant's physical examination form.	1147

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

(B) No holder of a promoter's license shall conduct a boxing	1157
match or exhibition that exceeds twelve rounds. Each round shall	1158
be not more than three minutes in length. A period of at least	1159
one minute, during which no boxing or sparring takes place, shall	1160
occur between rounds.	1161

No holder of a promoter's license or a permit issued under	1162
section 3773.39 of the Revised Code shall allow a professional	1163
boxer to participate in more than twelve rounds of boxing within a	1164
period of seventy-two consecutive hours. For any match or	1165
exhibition or for a class of contestants, the commission may limit	1166
the number of rounds within the maximum of twelve rounds.	1167

(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

(D) No person shall hold or conduct a boxing match or	1181
exhibition unless three licensed judges appointed by the	1182
commission and paid by the person are present. Each judge shall	1183
render a decision at the end of each match or exhibition. The	1184
judges shall determine the outcome of the match or exhibition, and	1185
their decision shall be final.	1186

(E) Each contestant in a boxing match or exhibition shall	1187
wear gloves weighing not less than six ounces during the boxing	1188
match or exhibition.	1189

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

This section, in respect to the age and medical examination	1201
of persons to whom certificates or policies may issue, does not	1202
apply to such corporations, companies, or associations doing	1203
purely accident business.	1204

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

(B) A person is qualified to drive a class B commercial	1216
motor vehicle with a school bus endorsement, if the person has	1217
been certified as medically qualified in accordance with rules	1218
adopted by the department of education.	1219

(C)(1) Except as provided in division (C)(2) of this	1220
section, any medical examination required by this section shall be	1221
performed only by one of the following:	1222

(a) A person licensed under Chapter 4731. of the Revised	1223
Code to practice medicine or surgery or osteopathic medicine and	1224
surgery in this state, or licensed under any similar law of	1225
another state;	1226

(b) A person licensed as a physician assistant under Chapter	1227
4730. of the Revised Code who practices under the supervision and	1228
direction of a physician as required under that chapter and who is	1229
authorized by the supervising physician to perform such a medical	1230
examination;	1231

(c) A person who is a certified nurse practitioner or, a	1232
clinical nurse specialist licensed under Chapter 4723. of the	1233
Revised Code who is practicing in accordance with a standard care	1234
arrangement pursuant to section 4723.431 of the Revised Code, or a	1235
certified nurse-widwife.	1236

(2) Any part of an examination required by this section	1237
that pertains to visual acuity, field of vision, and the ability	1238
to recognize colors may be performed by a person licensed under	1239
Chapter 4725. of the Revised Code to practice optometry in this	1240
state, or licensed under any similar law of another state.	1241

(3) Any written documentation of a physical examination	1242
conducted pursuant to this section shall be completed by the	1243
individual who performed the examination.	1244

(D) Whenever good cause appears, the registrar, upon issuing	1245
a commercial driver's license under this chapter, may impose	1246
restrictions suitable to the licensee's driving ability with	1247
respect to the type of motor vehicle or special mechanical control	1248
devices required on a motor vehicle that the licensee may	1249
operate, or such other restrictions applicable to the licensee as	1250
the registrar determines to be necessary.	1251

The registrar may either issue a special restricted license	1252
or may set forth the restrictions upon the usual license form.	1253

The registrar, upon receiving satisfactory evidence of any	1254
violation of the restrictions of the license, may suspend or	1255
revoke it.	1256

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

Upon the conclusion of the examination the registrar may	1284
suspend or revoke the license of the person, or may permit himthe	1285
licensee to retain the license, or may issue himthe licensee a	1286
restricted license. Refusal or neglect of the licensee to submit	1287
to the examination is ground for suspension or revocation of his	1288
the licensee's license.	1289

Sec. 4715.30.  (A) The holder of a certificate or license	1290
issued under this chapter is subject to disciplinary action by the	1291
state dental board for any of the following reasons:	1292

(1) Employing or cooperating in fraud or material deception	1293
in applying for or obtaining a license or certificate;	1294

(2) Obtaining or attempting to obtain money or anything of	1295
value by intentional misrepresentation or material deception in	1296
the course of practice;	1297

(3) Advertising services in a false or misleading manner or	1298
violating the board's rules governing time, place, and manner of	1299
advertising;	1300

(4) Conviction of a misdemeanor committed in the course of	1301
practice or of any felony;	1302

(5) Engaging in lewd or immoral conduct in connection with	1303
the provision of dental services;	1304

(6) Selling, prescribing, giving away, or administering	1305
drugs for other than legal and legitimate therapeutic purposes, or	1306
conviction of violating any law of this state or the federal	1307
government regulating the possession, distribution, or use of any	1308
drug;	1309

(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

(8) Inability to practice under accepted standards of the	1319
profession because of physical or mental disability, dependence on	1320
alcohol or other drugs, or excessive use of alcohol or other	1321
drugs;	1322

(9) Violation of any provision of this chapter or any rule	1323
adopted thereunder;	1324

(10) Failure to use universal blood and body fluid	1325
precautions established by rules adopted under section 4715.03 of	1326
the Revised Code;	1327

(11) Waiving the payment of all or any part of a deductible	1328
or copayment that a patient, pursuant to a health insurance or	1329
health care policy, contract, or plan that covers dental services,	1330
would otherwise be required to pay if the waiver is used as an	1331
enticement to a patient or group of patients to receive health	1332
care services from that provider.	1333

(12) Advertising that the certificate or license holder will	1334
waive the payment of all or any part of a deductible or copayment	1335
that a patient, pursuant to a health insurance or health care	1336
policy, contract, or plan that covers dental services, would	1337
otherwise be required to pay.	1338

(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

(C) Subject to Chapter 119. of the Revised Code, the board	1346
may take one or more of the following disciplinary actions if one	1347
or more of the grounds for discipline listed in divisions (A) and	1348
(B) of this section exist:	1349

(1) Censure the license or certificate holder;

1350

(2) Place the license or certificate on probationary status	1351
for such period of time the board determines necessary and require	1352
the holder to:	1353

(a) Report regularly to the board upon the matters which are	1354
the basis of probation;	1355

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

1356

(c) Continue or renew professional education until a	1357
satisfactory degree of knowledge or clinical competency has been	1358
attained in specified areas.	1359

(3) Suspend the certificate or license;

1360

(4) Revoke the certificate or license.

1361

Where the board places a holder of a license or certificate	1362
on probationary status pursuant to division (C)(2) of this	1363
section, the board may subsequently suspend or revoke the license	1364
or certificate if it determines that the holder has not met the	1365
requirements of the probation or continues to engage in activities	1366
that constitute grounds for discipline pursuant to division (A) or	1367
(B) of this section.	1368

Any order suspending a license or certificate shall state the	1369
conditions under which the license or certificate will be	1370
restored, which may include a conditional restoration during which	1371
time the holder is in a probationary status pursuant to division	1372
(C)(2) of this section. The board shall restore the license or	1373
certificate unconditionally when such conditions are met.	1374

(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

Failure to comply with an order for an examination shall be	1386
grounds for summary suspension of a license or certificate under	1387
division (E) of this section.	1388

(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

(G) Notwithstanding divisions (A)(11) and (12) of this	1431
section, sanctions shall not be imposed against any licensee who	1432
waives deductibles and copayments:	1433

(1) In compliance with the health benefit plan that	1434
expressly allows such a practice. Waiver of the deductibles or	1435
copays shall be made only with the full knowledge and consent of	1436
the plan purchaser, payer, and third-party administrator. Such	1437
consent shall be made available to the board upon request.	1438

(2) For professional services rendered to any other person	1439
licensed pursuant to this chapter to the extent allowed by this	1440
chapter and the rules of the board.	1441

Sec. 4933.122.  No natural gas, gas, or electric light	1442
company shall terminate service, except for safety reasons or upon	1443
the request of the customer, at any time to a residential	1444
consumer, except pursuant to procedures that provide for all of	1445
the following:	1446

(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

(B) A reasonable opportunity is given to dispute the reasons	1456
for such termination;	1457

(C) In circumstances in which termination of service to a	1458
consumer would be especially dangerous to health, as determined by	1459
the public utilities commission, or make the operation of	1460
necessary medical or life-supporting equipment impossible or	1461
impractical, and such consumer establishes that hethe consumer is	1462
unable to pay for such service in accordance with the requirements	1463
of the utility's billing except under an extended payment plan.	1464

Such procedures shall take into account the need to include	1465
reasonable provisions for elderly and handicapped consumers.	1466

The commission shall hold hearings and adopt rules to carry	1467
out this section.	1468

To the extent that any rules adopted for the purpose of	1469
division (C) of this section require a health care professional to	1470
validate the health of a consumer or the necessity of operation of	1471
a consumer's medical or life-supporting equipment, the rules shall	1472
include as a health care professional a physician assistant, a	1473
clinical nurse specialist, a certified nurse practitioner, or a	1474
certified nurse-midwife.	1475

Sec. 5103.0327. Any physical examination required in the	1476
determination of foster home placement may be conducted by any	1477
individual authorized by the Revised Code to conduct physical	1478
examinations, including a physician assistant, a clinical nurse	1479
specialist, a certified nurse practitioner, or a certified	1480
nurse-midwife. Any written documentation of the physical	1481
examination shall be completed by the individual who conducted the	1482
examination.	1483

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

(1) Submission of a site plan and descriptive plan of	1498
operation to demonstrate how the center proposes to meet the	1499
requirements of this chapter and rules adopted pursuant to this	1500
chapter for the initial license application;	1501

(2) Standards for ensuring that the physical surroundings of	1502
the center are safe and sanitary including, but not limited to,	1503
the physical environment, the physical plant, and the equipment of	1504
the center;	1505

(3) Standards for the supervision, care, and discipline of	1506
children receiving child day-care or publicly funded child	1507
day-care in the center;	1508

(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

(6) Methods for encouraging parental participation in the	1527
center and methods for ensuring that the rights of children,	1528
parents, and employees are protected and that responsibilities of	1529
parents and employees are met;	1530

(7) Procedures for ensuring the safety and adequate	1531
supervision of children traveling off the premises of the center	1532
while under the care of a center employee;	1533

(8) Procedures for record keeping, organization, and	1534
administration;	1535

(9) Procedures for issuing, renewing, denying, and revoking	1536
a license that are not otherwise provided for in Chapter 119. of	1537
the Revised Code;	1538

(10) Inspection procedures;

1539

(11) Procedures and standards for setting initial and	1540
renewal license application fees;	1541

(12) Procedures for receiving, recording, and responding to	1542
complaints about centers;	1543

(13) Procedures for enforcing section 5104.04 of the Revised	1544
Code;	1545

(14) A standard requiring the inclusion, on and after July	1546
1, 1987, of a current department of job and family services	1547
toll-free telephone number on each center provisional license or	1548
license which any person may use to report a suspected violation	1549
by the center of this chapter or rules adopted pursuant to this	1550
chapter;	1551

(15) Requirements for the training of administrators and	1552
child-care staff members in first aid, in prevention, recognition,	1553
and management of communicable diseases, and in child abuse	1554
recognition and prevention. Training requirements for child	1555
day-care centers adopted under this division shall be consistent	1556
with divisions (B)(6) and (C)(1) of this section.	1557

(16) Procedures to be used by licensees for checking the	1558
references of potential employees of centers and procedures to be	1559
used by the director for checking the references of applicants for	1560
licenses to operate centers;	1561

(17) Standards providing for the special needs of children	1562
who are handicapped or who require treatment for health conditions	1563
while the child is receiving child day-care or publicly funded	1564
child day-care in the center;	1565

(18) Any other procedures and standards necessary to carry	1566
out this chapter.	1567

(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

(a) Centers licensed prior to or on September 1, 1986, that	1585
continue under licensure after that date;	1586

(b) Centers licensed prior to or on September 1, 1986, that	1587
are issued a new license after that date solely due to a change of	1588
ownership of the center.	1589

(2) The child day-care center shall have on the site a safe	1590
outdoor play space which is enclosed by a fence or otherwise	1591
protected from traffic or other hazards. The play space shall	1592
contain not less than sixty square feet per child using such space	1593
at any one time, and shall provide an opportunity for supervised	1594
outdoor play each day in suitable weather. The director may	1595
exempt a center from the requirement of this division, if an	1596
outdoor play space is not available and if all of the following	1597
are met:	1598

(a) The center provides an indoor recreation area that has	1599
not less than sixty square feet per child using the space at any	1600
one time, that has a minimum of one thousand four hundred forty	1601
square feet of space, and that is separate from the indoor space	1602
required under division (B)(1) of this section.	1603

(b) The director has determined that there is regularly	1604
available and scheduled for use a conveniently accessible and safe	1605
park, playground, or similar outdoor play area for play or	1606
recreation.	1607

(c) The children are closely supervised during play and	1608
while traveling to and from the area.	1609

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

Except as otherwise provided in division (E) of this section,	1673
the maximum number of children per child-care staff member and	1674
maximum group size requirements of the younger age group shall	1675
apply when age groups are combined.	1676

(4)(a) The child day-care center administrator shall show	1677
the director both of the following:	1678

(i) Evidence of at least high school graduation or	1679
certification of high school equivalency by the state board of	1680
education or the appropriate agency of another state;	1681

(ii) Evidence of having completed at least two years of	1682
training in an accredited college, university, or technical	1683
college, including courses in child development or early childhood	1684
education, or at least two years of experience in supervising and	1685
giving daily care to children attending an organized group	1686
program.	1687

(b) In addition to the requirements of division (B)(4)(a) of	1688
this section, any administrator employed or designated on or after	1689
September 1, 1986, shall show evidence of, and any administrator	1690
employed or designated prior to September 1, 1986, shall show	1691
evidence within six years after such date of, at least one of the	1692
following:	1693

(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) Two years of training, including at least four courses	1703
in child development or early childhood education from an	1704
accredited college, university, or technical college;	1705

(iii) A child development associate credential issued by the	1706
national child development associate credentialing commission;	1707

(iv) An associate or higher degree in child development or	1708
early childhood education from an accredited college, technical	1709
college, or university, or a license designated for teaching in an	1710
associate teaching position in a preschool setting issued by the	1711
state board of education.	1712

(5) All child-care staff members of a child day-care center	1713
shall be at least eighteen years of age, and shall furnish the	1714
director evidence of at least high school graduation or	1715
certification of high school equivalency by the state board of	1716
education or the appropriate agency of another state or evidence	1717
of completion of a training program approved by the department of	1718
job and family services or state board of education, except as	1719
follows:	1720

(a) A child-care staff member may be less than eighteen	1721
years of age if the staff member is either of the following:	1722

(i) A graduate of a two-year vocational child-care training	1723
program approved by the state board of education;	1724

(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

(b) A child-care staff member shall be exempt from the	1734
educational requirements of this division if the staff member:	1735

(i) Prior to January 1, 1972, was employed or designated by	1736
a child day-care center and has been continuously employed since	1737
either by the same child day-care center employer or at the same	1738
child day-care center; or	1739

(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

(a) Evidence of an associate or higher degree in child	1756
development or early childhood education from an accredited	1757
college, university, or technical college;	1758

(b) A license designated for teaching in an associate	1759
teaching position in a preschool setting issued by the state board	1760
of education;	1761

(c) Evidence of a child development associate credential;

1762

(d) Evidence of a preprimary credential from the American	1763
Montessori society or the association Montessori international.	1764
For the purposes of division (B)(6) of this section, "hour" means	1765
sixty minutes.	1766

(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

(C)(1) Each child day-care center shall have on the center	1783
premises and readily available at all times at least one	1784
child-care staff member who has completed a course in first aid	1785
and in prevention, recognition, and management of communicable	1786
diseases which is approved by the state department of health and a	1787
staff member who has completed a course in child abuse recognition	1788
and prevention training which is approved by the department of job	1789
and family services.	1790

(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

(c) Upon entering the premises pursuant to division	1840
(C)(3)(a) or (b) of this section, the parent who is the	1841
residential parent and legal custodian, the parent who is not the	1842
residential parent, or the custodian or guardian shall notify the	1843
administrator or the administrator's designee of the parent's,	1844
custodian's, or guardian's presence.	1845

(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

(2) The maximum number of toddlers or preschool children per	1875
child-care staff member in a room where children are napping shall	1876
be twice the maximum number of children per child-care staff	1877
member established under division (B)(3) of this section if all	1878
the following criteria are met:	1879

(a) At least one child-care staff member is present in the	1880
room.	1881

(b) Sufficient child-care staff members are on the child	1882
day-care center premises to meet the maximum number of children	1883
per child-care staff member requirements established under	1884
division (B)(3) of this section.	1885

(c) Naptime preparations are complete and all napping	1886
children are resting or sleeping on cots.	1887

(d) The maximum number established under division (E)(2) of	1888
this section is in effect for no more than one and one-half hours	1889
during a twenty-four-hour day.	1890

(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

(1) Submission of a site plan and descriptive plan of	1899
operation to demonstrate how the type A home proposes to meet the	1900
requirements of this chapter and rules adopted pursuant to this	1901
chapter for the initial license application;	1902

(2) Standards for ensuring that the physical surroundings of	1903
the type A home are safe and sanitary, including, but not limited	1904
to, the physical environment, the physical plant, and the	1905
equipment of the type A home;	1906

(3) Standards for the supervision, care, and discipline of	1907
children receiving child day-care or publicly funded child	1908
day-care in the type A home;	1909

(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

(6) Methods for encouraging parental participation in the	1924
type A home and methods for ensuring that the rights of children,	1925
parents, and employees are protected and that the responsibilities	1926
of parents and employees are met;	1927

(7) Procedures for ensuring the safety and adequate	1928
supervision of children traveling off the premises of the type A	1929
home while under the care of a type A home employee;	1930

(8) Procedures for record keeping, organization, and	1931
administration;	1932

(9) Procedures for issuing, renewing, denying, and revoking	1933
a license that are not otherwise provided for in Chapter 119. of	1934
the Revised Code;	1935

(10) Inspection procedures;

1936

(11) Procedures and standards for setting initial and	1937
renewal license application fees;	1938

(12) Procedures for receiving, recording, and responding to	1939
complaints about type A homes;	1940

(13) Procedures for enforcing section 5104.04 of the Revised	1941
Code;	1942

(14) A standard requiring the inclusion, on or after July 1,	1943
1987, of a current department of job and family services toll-free	1944
telephone number on each type A home provisional license or	1945
license which any person may use to report a suspected violation	1946
by the type A home of this chapter or rules adopted pursuant this	1947
chapter;	1948

(15) Requirements for the training of administrators and	1949
child-care staff members in first aid, in prevention, recognition,	1950
and management of communicable diseases, and in child abuse	1951
recognition and prevention;	1952

(16) Procedures to be used by licensees for checking the	1953
references of potential employees of type A homes and procedures	1954
to be used by the director for checking the references of	1955
applicants for licenses to operate type A homes;	1956

(17) Standards providing for the special needs of children	1957
who are handicapped or who require treatment for health conditions	1958
while the child is receiving child day-care or publicly funded	1959
child day-care in the type A home;	1960

(18) Standards for the maximum number of children per	1961
child-care staff member;	1962

(19) Requirements for the amount of usable indoor floor	1963
space for each child;	1964

(20) Requirements for safe outdoor play space;

1965

(21) Qualifications and training requirements for	1966
administrators and for child-care staff members;	1967

(22) Procedures for granting a parent who is the residential	1968
parent and legal custodian, or a custodian or guardian access to	1969
the type A home during its hours of operation;	1970

(23) Standards for the preparation and distribution of a	1971
roster of parents, custodians, and guardians;	1972

(24) Any other procedures and standards necessary to carry	1973
out this chapter.	1974

(G) The director of job and family services shall adopt	1975
rules pursuant to Chapter 119. of the Revised Code governing the	1976
certification of type B family day-care homes.	1977

(1) The rules shall include procedures, standards, and other	1978
necessary provisions for granting limited certification to type B	1979
family day-care homes that are operated by the following adult	1980
providers:	1981

(a) Persons who provide child day-care for eligible children	1982
who are great-grandchildren, grandchildren, nieces, nephews, or	1983
siblings of the provider or for eligible children whose caretaker	1984
parent is a grandchild, child, niece, nephew, or sibling of the	1985
provider;	1986

(b) Persons who provide child day-care for eligible children	1987
all of whom are the children of the same caretaker parent.	1988

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

(2) The rules shall provide for safeguarding the health,	2017
safety, and welfare of children receiving child day-care or	2018
publicly funded child day-care in a certified type B home and	2019
shall include the following:	2020

(a) Standards for ensuring that the type B home and the	2021
physical surroundings of the type B home are safe and sanitary,	2022
including, but not limited to, physical environment, physical	2023
plant, and equipment;	2024

(b) Standards for the supervision, care, and discipline of	2025
children receiving child day-care or publicly funded child	2026
day-care in the home;	2027

(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

(e) Methods of encouraging parental participation and	2040
ensuring that the rights of children, parents, and authorized	2041
providers are protected and the responsibilities of parents and	2042
authorized providers are met;	2043

(f) Standards for the safe transport of children when under	2044
the care of authorized providers;	2045

(g) Procedures for issuing, renewing, denying, refusing to	2046
renew, or revoking certificates;	2047

(h) Procedures for the inspection of type B family day-care	2048
homes that require, at a minimum, that each type B family day-care	2049
home be inspected prior to certification to ensure that the home	2050
is safe and sanitary;	2051

(i) Procedures for record keeping and evaluation;

2052

(j) Procedures for receiving, recording, and responding to	2053
complaints;	2054

(k) Standards providing for the special needs of children	2055
who are handicapped or who receive treatment for health conditions	2056
while the child is receiving child day-care or publicly funded	2057
child day-care in the type B home;	2058

(l) Requirements for the amount of usable indoor floor space	2059
for each child;	2060

(m) Requirements for safe outdoor play space;

2061

(n) Qualification and training requirements for authorized	2062
providers;	2063

(o) Procedures for granting a parent who is the residential	2064
parent and legal custodian, or a custodian or guardian access to	2065
the type B home during its hours of operation;	2066

(p) Any other procedures and standards necessary to carry	2067
out this chapter.	2068

(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

(1) Standards for ensuring that the child's home and the	2084
physical surroundings of the child's home are safe and sanitary,	2085
including, but not limited to, physical environment, physical	2086
plant, and equipment;	2087

(2) Standards for the supervision, care, and discipline of	2088
children receiving publicly funded child day-care in their own	2089
home;	2090

(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

(4) Health care, first aid, and emergency procedures,	2097
procedures for the care of sick children, procedures for	2098
discipline and supervision of children, nutritional standards, and	2099
procedures for screening children and in-home aides, including,	2100
but not limited to, any necessary physical examinations and	2101
immunizations;	2102

(5) Methods of encouraging parental participation and	2103
ensuring that the rights of children, parents, and in-home aides	2104
are protected and the responsibilities of parents and in-home	2105
aides are met;	2106

(6) Standards for the safe transport of children when under	2107
the care of in-home aides;	2108

(7) Procedures for issuing, renewing, denying, refusing to	2109
renew, or revoking certificates;	2110

(8) Procedures for inspection of homes of children receiving	2111
publicly funded child day-care in their own homes;	2112

(9) Procedures for record keeping and evaluation;

2113

(10) Procedures for receiving, recording, and responding to	2114
complaints;	2115

(11) Qualifications and training requirements for in-home	2116
aides;	2117

(12) Standards providing for the special needs of children	2118
who are handicapped or who receive treatment for health conditions	2119
while the child is receiving publicly funded child day-care in the	2120
child's own home;	2121

(13) Any other procedures and standards necessary to carry	2122
out this chapter.	2123

(I) To the extent that any rules adopted for the purposes of	2124
this section require a health care professional to perform a	2125
physical examination, the rules shall include as a health care	2126
professional a physician assistant, a clinical nurse specialist, a	2127
certified nurse practitioner, or a certified nurse-midwife.	2128

(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

The county director of job and family services shall send	2139
copies of proposed rules to each authorized provider and in-home	2140
aide and shall give public notice of hearings regarding the rules	2141
to each authorized provider and in-home aide at least thirty days	2142
prior to the date of the public hearing, in accordance with	2143
section 119.03 of the Revised Code. Prior to the effective date	2144
of a rule, the county director of job and family services shall	2145
provide copies of the adopted rule to each authorized provider and	2146
in-home aide.	2147

Additional copies of proposed and adopted rules shall be made	2148
available by the director of job and family services to the public	2149
on request at no charge.	2150

(J)(K) The director of job and family services shall review	2151
all rules adopted pursuant to this chapter at least once every	2152
seven years.	2153

(K)(L) Notwithstanding any provision of the Revised Code,	2154
the director of job and family services shall not regulate in any	2155
way under this chapter or rules adopted pursuant to this chapter,	2156
instruction in religious or moral doctrines, beliefs, or values.	2157

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

When occupational injury leave is used, it shall be deducted	2185
from the unused balance of the patrol officer's occupational	2186
injury leave for that injury on the basis of one hour for every	2187
one hour of absence from previously scheduled work.	2188

Before a patrol officeofficer may use occupational injury	2189
leave, hethe patrol officer shall:	2190

(A) Apply to the superintendent for permission to use	2191
occupational injury leave on a form that requires the patrol	2192
officer to explain the nature of histhe patrol officer's	2193
independent injury and the circumstances under which it occurred;	2194
and	2195

(B) Submit to a medical examination conducted by a physician	2196
selected by the superintendent. The physicianindividual who	2197
conducts the examination shall report to the superintendent the	2198
results of the examination and whether or not the independent	2199
injury prevents the patrol officer from attending work.	2200

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

The superintendent shall appoint to conduct medical	2210
examinations under this division individuals authorized by the	2211
Revised Code to do so, including any physician assistant, clinical	2212
nurse specialist, certified nurse practitioner, or certified	2213
nurse-midwife.	2214

A patrol officer is not entitled to use or continue to use	2215
occupational injury leave if he refusesafter refusing to submit	2216
to a medical examination or if the physicianindividual examining	2217
himthe patrol officer reports that the independent injury does	2218
not prevent himthe patrol officer from attending work.	2219

A patrol officer who falsifies an application for permission	2220
to use occupational injury leave or a physician'smedical	2221
examination report is subject to disciplinary action, including	2222
dismissal.	2223

The superintendent shall, by rule, prescribe forms for the	2224
application and physician'smedical examination report.	2225

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

Occupational injury leave shall not be credited to or, upon	2240
use, deducted from, a patrol officer's sick leave.	2241

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

Section 3. That the versions of sections 3327.10, 4506.10,	2248
and 4507.20 that are scheduled to take effect January 1, 2004, be	2249
amended to read as follows:	2250

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

(1) A person licensed under Chapter 4731. of the Revised Code	2286
or by another state to practice medicine and surgery or	2287
osteopathic medicine and surgery;	2288

(2) A registered nurse who holds a certificate of authority	2289
issued under Chapter 4723. of the Revised Code to practice as	2290
physician assistant, a certified nurse practitioner or, a clinical	2291
nurse specialist and is practicing pursuant to a standard care	2292
arrangement with a collaborating physician, or a certified	2293
nurse-midwife.	2294

Any written documentation of the physical examination shall	2295
be completed by the individual who performed the examination.	2296

Any certificate may be revoked by the authority granting the	2297
same on proof that the holder has been guilty of failing to comply	2298
with division (D)(2) of this section.	2299

(C) Any person who drives a school bus or motor van must	2300
give satisfactory and sufficient bond except a driver who is an	2301
employee of a school district and who drives a bus or motor van	2302
owned by the school district.	2303

(D) No person employed as driver of a school bus or motor	2304
van under this section who is convicted of a traffic violation or	2305
who has had the person's commercial driver's license suspended	2306
shall drive a school bus or motor van until the person has filed	2307
a written notice of the conviction or suspension, as follows:	2308

(1) If the person is employed under division (A) of this	2309
section, the person shall file the notice with the	2310
superintendent, or a person designated by the superintendent, of	2311
the school district for which the person drives a school bus or	2312
motor van as an employee or drives a privately owned and operated	2313
school bus or motor van under contract.	2314

(2) If employed under division (B) of this section, the	2315
person shall file the notice with the employing school	2316
administrator or contractor, or a person designated by the	2317
administrator or contractor.	2318

(E) In addition to resulting in possible revocation of a	2319
certificate as authorized by divisions (A) and (B) of this	2320
section, violation of division (D) of this section is a minor	2321
misdemeanor.	2322

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

(B) A person is qualified to drive a class B commercial	2334
motor vehicle with a school bus endorsement, if the person has	2335
been certified as medically qualified in accordance with rules	2336
adopted by the department of education.	2337

(C)(1) Except as provided in division (C)(2) of this	2338
section, any medical examination required by this section shall be	2339
performed only by one of the following:	2340

(a) A person licensed under Chapter 4731. of the Revised	2341
Code to practice medicine or surgery or osteopathic medicine and	2342
surgery in this state, or licensed under any similar law of	2343
another state;	2344

(b) A person licensed as a physician assistant under Chapter	2345
4730. of the Revised Code who practices under the supervision and	2346
direction of a physician as required under that chapter and who is	2347
authorized by the supervising physician to perform such a medical	2348
examination;	2349

(c) A person who is a certified nurse practitioner or, a	2350
clinical nurse specialist licensed under Chapter 4723. of the	2351
Revised Code who is practicing in accordance with a standard care	2352
arrangement pursuant to section 4723.431 of the Revised Code, or a	2353
certified nurse-midwife.	2354

(2) Any part of an examination required by this section	2355
that pertains to visual acuity, field of vision, and the ability	2356
to recognize colors may be performed by a person licensed under	2357
Chapter 4725. of the Revised Code to practice optometry in this	2358
state, or licensed under any similar law of another state.	2359

(3) Any written documentation of a physical examination	2360
conducted pursuant to this section shall be completed by the	2361
individual who performed the examination.	2362

(D) Whenever good cause appears, the registrar, upon issuing	2363
a commercial driver's license under this chapter, may impose	2364
restrictions suitable to the licensee's driving ability with	2365
respect to the type of motor vehicle or special mechanical control	2366
devices required on a motor vehicle that the licensee may	2367
operate, or such other restrictions applicable to the licensee as	2368
the registrar determines to be necessary.	2369

The registrar may either issue a special restricted license	2370
or may set forth upon the usual license form the restrictions	2371
imposed.	2372

The registrar, upon receiving satisfactory evidence of any	2373
violation of the restrictions of the license, may impose a class	2374
D license suspension of the license for the period of time	2375
specified in division (B)(4) of section 4510.02 of the Revised	2376
Code.	2377

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

(E) Whoever violates this section is guilty of a misdemeanor	2389
of the first degree.	2390

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

Upon the conclusion of the examination, the registrar may	2404
suspend the license of the person, may permit the licensee to	2405
retain the license, or may issue the licensee a restricted	2406
license. Refusal or neglect of the licensee to submit to the	2407
examination is ground for suspension of the licensee's license.	2408

Section 4. That the existing versions of sections 3327.10,	2409
4506.10, and 4507.20 that are scheduled to take effect January 1,	2410
2004, are hereby repealed.	2411

Section 5. Sections 3 and 4 of this act take effect January	2412
1, 2004.	2413