SENATORS Spada, Austria, Armbruster, Hottinger, Jacobson, Harris, Mumper, Robert Gardner, Randy Gardner

To amend sections 2305.111, 2907.01, 2907.03, 2907.06,

1

4732.01, 4732.02, 4732.141, and 4732.17 and to

2

enact sections 2305.115, 2307.63, 2907.17,

3

2907.171, 2907.18, 4732.021, 4732.171, 4732.172,

4

4732.173, and 4732.31 of the Revised Code to extend

5

the statute of limitations and limit the defense of

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consent in a civil assault or battery actions by a

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mental health client or patient against a mental

8

health professional based on sexual conduct or

9

sexual contact; to expand the offenses of "sexual

10

battery" and "sexual imposition" to prohibit in

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specified circumstances involving false claims of

12

necessary treatment mental health professionals

13

from engaging in sexual conduct or having sexual

14

contact with their mental health clients or

15

patients; to provide for notice to the regulatory

16

entity with authority over a mental health

17

professional who is charged with or convicted of

18

those activities; to modify the laws regarding the

19

State Board of Psychology; and to modify the laws

20

governing psychologist misconduct.

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

Section 1.  That sections 2305.111, 2907.01, 2907.03,	22
2907.06, 4732.01, 4732.02, 4732.141, and 4732.17 be amended and	23
sections 2905.115, 2307.63, 2907.17, 2907.171, 2907.18, 4732.021,	24
4732.171, 4732.172, 4732.173, and 4732.31 of the Revised Code be	25
enacted to read as follows:	26

Sec. 2305.111. AnExcept as provided in section 2305.115 of	27
the Revised Code, an action for assault or battery shall be	28
brought within one year after the cause of the action accrues. For	29
purposes of this section, a cause of action for assault or battery	30
accrues upon the later of the following:	31

(A) The date on which the alleged assault or battery	32
occurred;	33

(B) If the plaintiff did not know the identity of the person	34
who allegedly committed the assault or battery on the date on	35
which it allegedly occurred, the earlier of the following dates:	36

(1) The date on which the plaintiff learns the identity of	37
that person;	38

(2) The date on which, by the exercise of reasonable	39
diligence, hethe plaintiff should have learned the identity of	40
that person.	41

Sec. 2305.115. (A) An action for assault or battery shall be	42
brought within two years after the cause of action accrues, except	43
as provided in division (B) of this section, if all of the	44
following apply regarding the action, the cause of the action, and	45
the parties to the action:	46

(1) The action is brought against a mental health	47
professional.	48

(2) The assault or battery claim asserted in the action is	49
that, while the plaintiff was a mental health client or patient of	50
the mental health professional, the mental health professional	51
engaged in sexual conduct with, had sexual contact with, or caused	52
one or more other persons to have sexual contact with the	53
plaintiff.	54

(3) At the time of the sexual conduct or sexual contact	55
described in division (A)(2) of this section, the plaintiff was	56
not the spouse of the mental health professional.	57

(B) If the mental health service relationship between the	58
plaintiff in an action for assault or battery that is described in	59
division (A) of this section and the mental health professional	60
continues after the date on which the cause of action accrues, the	61
two-year period specified in division (A) of this section does not	62
begin to run until the date on which that mental health service	63
relationship is terminated by either or both of the parties.	64

(C) Unless division (A) or (B) of this section applies, an	65
action for assault or battery shall be brought as provided in	66
section 2305.111 of the Revised Code.	67

(D) As used in this section:

68

(1) "Mental health client or patient" " and "mental health	69
service" have the same meanings as in section 2305.51 of the	70
Revised Code.	71

(2) "Mental health professional" has the same meaning as in	72
section 2305.51 of the Revised Code and also includes an	73
individual who is not licensed, certified, or registered under the	74
Revised Code, or otherwise authorized in this state, but who	75
regularly provides or purports to provide mental health services	76
for compensation or remuneration at an established place of	77
business.	78

(3) "Mental health service relationship" means the	79
relationship between a mental health professional and a mental	80
health client or patient of the mental health professional that	81
exists for purposes of the mental health professional's provision	82
of mental health services to the mental health client or patient.	83

(4) "Sexual conduct" and "sexual contact" have the same	84
meanings as in section 2907.01 of the Revised Code.	85

Sec. 2307.63. (A) In an action for assault or battery	86
brought against a mental health professional that asserts as a	87
claim that, while the plaintiff was a mental health client or	88
patient of the mental health professional, the mental health	89
professional engaged in sexual conduct with, had sexual contact	90
with, or caused one or more other persons to have sexual contact	91
with the plaintiff, the consent of the plaintiff to the sexual	92
conduct or sexual contact is not a defense to the claim unless	93
either of the following applies:	94

(1) At the time of that sexual conduct or sexual contact,	95
the plaintiff was the spouse of the mental health professional.	96

(2) The mental health professional proves by a preponderance	97
of the evidence all of the following:	98

(a) At the time of the sexual conduct or sexual contact, the	99
plaintiff was not emotionally dependent upon the mental health	100
professional.	101

(b) The plaintiff did not submit to the sexual conduct or	102
sexual contact because of therapeutic deception by the mental	103
health professional or because the mental health professional	104
falsely represented to the plaintiff that the sexual conduct or	105
sexual contact was necessary for medical or mental health	106
purposes.	107

(B) As used in this section:

108

(1) "Emotionally dependent" means that the emotional	109
condition of a mental health client or patient of a mental health	110
professional and the treatment provided by the mental health	111
professional to the client or patient are of such a nature that	112
the mental health professional knows or has reason to know that	113
the client or patient is unable to withhold consent to one or more	114
of the following:	115

(a) Engaging in sexual conduct with the mental health	116
professional;	117

(b) Having sexual contact with the mental health	118
professional or having sexual contact caused by the mental health	119
professional with one or more other persons.	120

(2) "Mental health client or patient" has the same meaning	121
as in section 2305.51 of the Revised Code.	122

(3) "Mental health professional" has the same meaning as in	123
section 2305.115 of the Revised Code.	124

(4) "Sexual conduct" and "sexual contact" have the same	125
meanings as in section 2907.01 of the Revised Code.	126

(5) "Therapeutic deception" means a representation by a	127
mental health professional that one or more of the following is	128
consistent with or part of the treatment for a mental health	129
client or patient of the mental health professional:	130

(a) The client or patient engaging in sexual conduct with	131
the mental health professional;	132

(b) The client or patient having sexual contact with the	133
mental health professional or having sexual contact caused by the	134
mental health professional with one or more other persons.	135

Sec. 2907.01.  As used in sections 2907.01 to 2907.37 of the	136
Revised Code:	137

(A) "Sexual conduct" means vaginal intercourse between a	138
male and female; anal intercourse, fellatio, and cunnilingus	139
between persons regardless of sex; and, without privilege to do	140
so, the insertion, however slight, of any part of the body or any	141
instrument, apparatus, or other object into the vaginal or anal	142
cavity of another. Penetration, however slight, is sufficient to	143
complete vaginal or anal intercourse.	144

(B) "Sexual contact" means any touching of an erogenous zone	145
of another, including without limitation the thigh, genitals,	146
buttock, pubic region, or, if the person is a female, a breast,	147
for the purpose of sexually arousing or gratifying either person.	148

(C) "Sexual activity" means sexual conduct or sexual	149
contact, or both.	150

(D) "Prostitute" means a male or female who promiscuously	151
engages in sexual activity for hire, regardless of whether the	152
hire is paid to the prostitute or to another.	153

(E) Any material or performance is "harmful to juveniles,"	154
if it is offensive to prevailing standards in the adult community	155
with respect to what is suitable for juveniles, and if any of the	156
following apply:	157

(1) It tends to appeal to the prurient interest of	158
juveniles;	159

(2) It contains a display, description, or representation of	160
sexual activity, masturbation, sexual excitement, or nudity;	161

(3) It contains a display, description, or representation of	162
bestiality or extreme or bizarre violence, cruelty, or brutality;	163

(4) It contains a display, description, or representation of	164
human bodily functions of elimination;	165

(5) It makes repeated use of foul language;

166

(6) It contains a display, description, or representation in	167
lurid detail of the violent physical torture, dismemberment,	168
destruction, or death of a human being;	169

(7) It contains a display, description, or representation of	170
criminal activity that tends to glorify or glamorize the activity,	171
and that, with respect to juveniles, has a dominant tendency to	172
corrupt.	173

(F) When considered as a whole, and judged with reference to	174
ordinary adults or, if it is designed for sexual deviates or other	175
specially susceptible group, judged with reference to that group,	176
any material or performance is "obscene" if any of the following	177
apply:	178

(1) Its dominant appeal is to prurient interest;

179

(2) Its dominant tendency is to arouse lust by displaying or	180
depicting sexual activity, masturbation, sexual excitement, or	181
nudity in a way that tends to represent human beings as mere	182
objects of sexual appetite;	183

(3) Its dominant tendency is to arouse lust by displaying or	184
depicting bestiality or extreme or bizarre violence, cruelty, or	185
brutality;	186

(4) Its dominant tendency is to appeal to scatological	187
interest by displaying or depicting human bodily functions of	188
elimination in a way that inspires disgust or revulsion in persons	189
with ordinary sensibilities, without serving any genuine	190
scientific, educational, sociological, moral, or artistic purpose;	191

(5) It contains a series of displays or descriptions of	192
sexual activity, masturbation, sexual excitement, nudity,	193
bestiality, extreme or bizarre violence, cruelty, or brutality, or	194
human bodily functions of elimination, the cumulative effect of	195
which is a dominant tendency to appeal to prurient or scatological	196
interest, when the appeal to such an interest is primarily for its	197
own sake or for commercial exploitation, rather than primarily for	198
a genuine scientific, educational, sociological, moral, or	199
artistic purpose.	200

(G) "Sexual excitement" means the condition of human male or	201
female genitals when in a state of sexual stimulation or arousal.	202

(H) "Nudity" means the showing, representation, or depiction	203
of human male or female genitals, pubic area, or buttocks with	204
less than a full, opaque covering, or of a female breast with less	205
than a full, opaque covering of any portion thereof below the top	206
of the nipple, or of covered male genitals in a discernibly turgid	207
state.	208

(I) "Juvenile" means an unmarried person under the age of	209
eighteen.	210

(J) "Material" means any book, magazine, newspaper,	211
pamphlet, poster, print, picture, figure, image, description,	212
motion picture film, phonographic record, or tape, or other	213
tangible thing capable of arousing interest through sight, sound,	214
or touch.	215

(K) "Performance" means any motion picture, preview,	216
trailer, play, show, skit, dance, or other exhibition performed	217
before an audience.	218

(L) "Spouse" means a person married to an offender at the	219
time of an alleged offense, except that such person shall not be	220
considered the spouse when any of the following apply:	221

(1) When the parties have entered into a written separation	222
agreement authorized by section 3103.06 of the Revised Code;	223

(2) During the pendency of an action between the parties for	224
annulment, divorce, dissolution of marriage, or legal separation;	225

(3) In the case of an action for legal separation, after the	226
effective date of the judgment for legal separation.	227

(M) "Minor" means a person under the age of eighteen.

228

(N) "Mental health client or patient" has the same meaning	229
as in section 2305.51 of the Revised Code.	230

(O) "Mental health professional" has the same meaning as in	231
section 2305.115 of the Revised Code.	232

Sec. 2907.03.  (A) No person shall engage in sexual conduct	234
with another, not the spouse of the offender, when any of the	235
following apply:	236

(1) The offender knowingly coerces the other person to	237
submit by any means that would prevent resistance by a person of	238
ordinary resolution.	239

(2) The offender knows that the other person's ability to	240
appraise the nature of or control the other person's own conduct	241
is substantially impaired.	242

(3) The offender knows that the other person submits because	243
the other person is unaware that the act is being committed.	244

(4) The offender knows that the other person submits because	245
the other person mistakenly identifies the offender as the other	246
person's spouse.	247

(5) The offender is the other person's natural or adoptive	248
parent, or a stepparent, or guardian, custodian, or person in loco	249
parentis of the other person.	250

(6) The other person is in custody of law or a patient in a	251
hospital or other institution, and the offender has supervisory or	252
disciplinary authority over the other person.	253

(7) The offender is a teacher, administrator, coach, or	254
other person in authority employed by or serving in a school for	255
which the state board of education prescribes minimum standards	256
pursuant to division (D) of section 3301.07 of the Revised Code,	257
the other person is enrolled in or attends that school, and the	258
offender is not enrolled in and does not attend that school.	259

(8) The other person is a minor, the offender is a teacher,	260
administrator, coach, or other person in authority employed by or	261
serving in an institution of higher education, and the other	262
person is enrolled in or attends that institution.	263

(9) The other person is a minor, and the offender is the	264
other person's athletic or other type of coach, is the other	265
person's instructor, is the leader of a scouting troop of which	266
the other person is a member, or is a person with temporary or	267
occasional disciplinary control over the other person.	268

(10) The offender is a mental health professional, the other	269
person is a mental health client or patient of the offender, and	270
the offender induces the other person to submit by falsely	271
representing to the other person that the sexual conduct is	272
necessary for mental health treatment purposes.	273

(B) Whoever violates this section is guilty of sexual	274
battery, a felony of the third degree.	275

(C) As used in this section, "institution of higher	276
education" means a state institution of higher education defined	277
in section 3345.011 of the Revised Code, a private nonprofit	278
college or university located in this state that possesses a	279
certificate of authorization issued by the Ohio board of regents	280
pursuant to Chapter 1713. of the Revised Code, or a school	281
certified under Chapter 3332. of the Revised Code.	282

Sec. 2907.06.  (A) No person shall have sexual contact with	283
another, not the spouse of the offender; cause another, not the	284
spouse of the offender, to have sexual contact with the offender;	285
or cause two or more other persons to have sexual contact when any	286
of the following applies:	287

(1) The offender knows that the sexual contact is offensive	288
to the other person, or one of the other persons, or is reckless	289
in that regard.	290

(2) The offender knows that the other person's, or one of	291
the other person's, ability to appraise the nature of or control	292
the offender's or touching person's conduct is substantially	293
impaired.	294

(3) The offender knows that the other person, or one of the	295
other persons, submits because of being unaware of the sexual	296
contact.	297

(4) The other person, or one of the other persons, is	298
thirteen years of age or older but less than sixteen years of age,	299
whether or not the offender knows the age of such person, and the	300
offender is at least eighteen years of age and four or more years	301
older than such other person.	302

(5) The offender is a mental health professional, the other	303
person or one of the other persons is a mental health client or	304
patient of the offender, and the offender induces the other person	305
who is the client or patient to submit by falsely representing to	306
the other person who is the client or patient that the sexual	307
contact is necessary for mental health treatment purposes.	308

(B) No person shall be convicted of a violation of this	309
section solely upon the victim's testimony unsupported by other	310
evidence.	311

(C) Whoever violates this section is guilty of sexual	312
imposition, a misdemeanor of the third degree. If the offender	313
previously has been convicted of a violation of this section or of	314
section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.12 of the	315
Revised Code, a violation of this section is a misdemeanor of the	316
first degree.	317

Sec. 2907.17. If a mental health professional is indicted or	318
charged and bound over to the court of common pleas for trial for	319
an alleged violation of division (A)(10) of section 2907.03 or	320
division (A)(5) of section 2907.06 of the Revised Code, the	321
prosecuting attorney handling the case shall send written notice	322
of the indictment or the charge and bind over to the regulatory or	323
licensing board or agency, if any, that has the administrative	324
authority to suspend or revoke the mental health professional's	325
professional license, certification, registration, or	326
authorization.	327

Sec. 2907.171. The failure of the prosecuting attorney to	328
give the notice required by section 2907.17 of the Revised Code	329
does not give rise to a claim for damages against the prosecuting	330
attorney or the county. The failure of the prosecuting attorney	331
to give the notice does not constitute grounds for declaring a	332
mistrial or new trial, for setting aside a conviction or sentence,	333
or for granting postconviction relief to a defendant.	334

Sec. 2907.18. If a mental health professional is convicted	335
of or pleads guilty to a violation of division (A)(10) of section	336
2907.03 or division (A)(5) of section 2907.06 of the Revised Code,	337
the court shall transmit a certified copy of the judgment entry of	338
conviction to the regulatory or licensing board or agency, if any,	339
that has the administrative authority to suspend or revoke the	340
mental health professional's professional license, certification,	341
registration, or authorization.	342

Sec. 4732.01.  As used in sections 4732.01 to 4732.25 of the	343
Revised Code:	344

(A) "Psychologist" means any person who holds himselfself	345
out to the public by any title or description of services	346
incorporating the words "psychologic," "psychological,"	347
"psychologist," "psychology," or any other terms that imply hethe	348
person is trained, experienced, or an expert in the field of	349
psychology.	350

(B) "The practice of psychology" means rendering or offering	351
to render to individuals, groups, organizations, or the public any	352
service involving the application of psychological procedures to	353
assessment, diagnosis, prevention, treatment, or amelioration of	354
psychological problems or emotional or mental disorders of	355
individuals or groups; or to the assessment or improvement of	356
psychological adjustment or functioning of individuals or groups,	357
whether or not there is a diagnosable pre-existing psychological	358
problem. Practice of psychology includes the practice of school	359
psychology. For purposes of this chapter, teaching or research	360
shall not be regarded as the practice of psychology, even when	361
dealing with psychological subject matter, provided it does not	362
otherwise involve the professional practice of psychology in which	363
patient or client welfare is directly affected.	364

(C) "Psychological procedures" include but are not	365
restricted to application of principles, methods, or procedures of	366
understanding, predicting, or influencing behavior, such as the	367
principles pertaining to learning, conditioning, perception,	368
motivation, thinking, emotions, or interpersonal relationships;	369
the methods or procedures of verbal interaction, interviewing,	370
counseling, behavior modification, environmental manipulation,	371
group process, psychological psychotherapy, or hypnosis; and the	372
methods or procedures of administering or interpreting tests of	373
mental abilities, aptitudes, interests, attitudes, personality	374
characteristics, emotions, or motivation.	375

(D) "School psychologist" means any person who holds himself	376
self out to the public by any title or description of services	377
incorporating the words "school psychologist" or "school	378
psychology," or who holds himselfself out to be trained,	379
experienced, or an expert in the practice of school psychology.	380

(E) "Practice of school psychology" means rendering or	381
offering to render to individuals, groups, organizations, or the	382
public any of the following services:	383

(1) Evaluation, diagnosis, or test interpretation limited to	384
assessment of intellectual ability, learning patterns,	385
achievement, motivation, or personality factors directly related	386
to learning problems in an educational setting;	387

(2) Counseling services for children or adults for	388
amelioration or prevention of educationally related learning	389
problems;	390

(3) Educational or vocational consultation or direct	391
educational services. This does not include industrial	392
consultation or counseling services to clients undergoing	393
vocational rehabilitation.	394

(F) "Licensed psychologist" means an individual holding a	395
current, valid license to practice psychology issued under section	396
4732.12 or 4732.15 of the Revised Code.	397

(G) "Licensed school psychologist" means an individual	398
holding a current, valid license to practice school psychology	399
issued under section 4732.12 or 4732.15 of the Revised Code.	400

(H) "Certificated school psychologist" means an individual	401
holding a current, valid school psychologist certificate issued	402
under division (M) of section 3319.22 of the Revised Code.	403

(I)"Mental health professional" and "mental health service"	404
have the same meanings as in section 2305.51 of the Revised Code.	405

Sec. 4732.02.  The governor, with the advice and consent of	406
the senate, shall appoint a state board of psychology consisting	407
of sevennine persons who are citizens of the United States and	408
residents of this state. One member shall not be a psychologist or	409
other health professionalThree members shall be patient advocates	410
who are not mental health professionals and who either are parents	411
or other relatives of a person who has received or is receiving	412
mental health services or are representatives of organizations	413
that represent persons who have received or are receiving mental	414
health services. At least one patient advocate member shall be a	415
parent or other relative of a mental health service recipient, and	416
at least one patient advocate member shall be a representative of	417
an organization representing mental health service recipients.	418
Each of the remaining members shall be a licensed psychologist or	419
a licensed school psychologist. The terms of the licensed	420
psychologist and licensed school psychologist members that are in	421
effect on the effective date of this amendment shall continue as	422
under the law in effect prior to the effective date of this	423
amendment. Of the originalpatient advocate members whose	424
positions are created on the effective date of this amendment, two	425
one shall replace the current member who is not a psychologist or	426
other health professional at the end of that member's term, one	427
shall be appointed for one year terms, one for two years, two for	428
three yearsa term that ends on October5, 2003, one for four	429
years, and one shall be appointed for five yearsa term that ends	430
on October5, 2006. Thereafter, terms of office for all members	431
shall be for five years, commencing on the sixth day of October	432
and ending on the fifth day of October. Each member shall hold	433
office from the date of his appointment until the end of the term	434
for which hethe member was appointed. Any member appointed to	435
fill a vacancy occurring prior to the expiration of the term for	436
which histhe member's predecessor was appointed shall hold office	437
for the remainder of such term. Any member shall continue in	438
office subsequent to the expiration date of histhe member's term	439
until histhe member's successor takes office, or until a period	440
of sixty days has elapsed, whichever occurs first. No person	441
shall be appointed to more than two five-year terms in succession.	442
The licensed psychologist and licensed school psychologist members	443
of the board shall be so chosen that they represent the diverse	444
fields of specialization and practice in the profession of	445
psychology and the profession of school psychology. The governor	446
may make such appointments from lists submitted annually by the	447
Ohio psychological association and by the Ohio school	448
psychologists association. A vacancy in an unexpired term shall	449
be filled in the same manner as the original appointment. The	450

The governor may remove any member for malfeasance,	451
misfeasance, or nonfeasance after a hearing in accordance with	452
Chapter 119. of the Revised Code. The governor shall remove, after	453
a hearing in accordance with Chapter 119. of the Revised Code, any	454
member who has been convicted of or pleaded guilty to the	455
commission of a felony offense under any law of this state,	456
another state, or the United States. No person may be appointed	457
to the board who has been convicted of or pleaded guilty to a	458
felony offense under any law of this state, another state, or the	459
United States.	460

Sec. 4732.021. A member of the state board of psychology	461
shall not engage in any conduct involving a conflict of interest	462
with the member's board duties.	463

Sec. 4732.141.  (A)(1) On August 31, 1998, and on or before	464
the thirty-first day of August of each even-numbered year	465
thereafterbeginning in 1998 and until the requirement set forth	466
in division (A)(2) of this section applies, each person licensed	467
under this chapter by the state board of psychology shall have	468
completed, in the preceding two-year period, not less than twenty	469
hours of continuing education in psychology or the number of hours	470
determined under division (D) of this section. Each such	471

(2)On or before the thirty-first day of August of each	472
even-numbered year after the biennium in which this amendment	473
takes effect, each person licensed under this chapter by the state	474
board of psychology shall have completed, in the preceding	475
two-year period, not less than twenty-three hours of continuing	476
education in psychology, including not less than three hours of	477
continuing education in professional conduct and ethics, or the	478
number of hours determined under division (D) of this section.	479

(3) Each person subject to division (A)(1) or (2) of this	480
section shall certify to the board, at the time of biennial	481
registration pursuant to section 4732.14 of the Revised Code and	482
on the registration form prescribed by the board under that	483
section, that in the preceding two years the person has completed	484
continuing psychology education in compliance with this section.	485
The board shall adopt rules establishing the procedure for a	486
person to certify to the board and for properly recording with the	487
Ohio psychological association or the state board of education	488
completion of the continuing education.	489

(B) Continuing psychology education may be applied to meet	490
the requirement of division (A) of this section if both of the	491
following requirements are met:	492

(1) It is obtained through a program or course approved by	493
the state board of psychology, the Ohio psychological association,	494
the Ohio association of black psychologists, or the American	495
psychological association or, in the case of a licensed school	496
psychologist or a licensed psychologist with a school psychology	497
specialty, by the state board of education, the Ohio school	498
psychologists association, or the national association of school	499
psychologists;	500

(2) Completion of the program or course is recorded with the	501
Ohio psychological association or the state board of education in	502
accordance with rules adopted by the state board of psychology in	503
accordance with division (A) of this section.	504

The state board of psychology may disapprove any program or	505
course that has been approved by the Ohio psychological	506
association, Ohio association of black psychologists, American	507
psychological association, state board of education, Ohio school	508
psychologists association, or national association of school	509
psychologists. Such program or course may not be applied to meet	510
the requirement of division (A) of this section.	511

(C) Each person licensed under this chapter shall be given a	512
sufficient choice of continuing education programs or courses in	513
psychology,including programs or courses on professional conduct	514
and ethics when required under division (A)(2) of this section, to	515
ensure that the person has had a reasonable opportunity to	516
participate in programs or courses that are relevant to the	517
person's practice in terms of subject matter and level.	518

(D) The board shall adopt rules providing for reductions of	519
the hours of continuing psychology education required by this	520
section for persons in their first registration period.	521

(E) Each person licensed under this chapter shall retain in	522
the person's records for at least three years the receipts,	523
vouchers, or certificates necessary to document completion of	524
continuing psychology education. Proof of continuing psychology	525
education recorded with the Ohio psychological association or the	526
state board of education in accordance with the procedures	527
established pursuant to division (A) of this section shall serve	528
as sufficient documentation of completion. With cause, the board	529
may request the documentation from the person. The board also may	530
request the documentation from persons licensed under this chapter	531
selected at random, without cause. The board may review any	532
continuing psychology education records recorded by the Ohio	533
psychological association or the state board of education.	534

(F) The board may excuse persons licensed under this	535
chapter, as a group or as individuals, from all or any part of the	536
requirements of this section because of an unusual circumstance,	537
emergency, or special hardship.	538

(G) The state board of psychology shall approve one or more	539
continuing education courses of study that assist psychologists	540
and school psychologists in recognizing the signs of domestic	541
violence and its relationship to child abuse. Psychologists and	542
school psychologists are not required to take the courses.	543

Sec. 4732.17.  (A) The state board of psychology may refuse	544
to issue a license to any applicant, may issue a reprimand, or	545
suspend or revoke the license of any licensed psychologist or	546
licensed school psychologist, on any of the following grounds:	547

(1) Conviction of a felony, or of any offense involving	548
moral turpitude, in a court of this or any other state or in a	549
federal court;	550

(2) Using fraud or deceit in the procurement of the license	551
to practice psychology or school psychology or knowingly assisting	552
another in the procurement of such a license through fraud or	553
deceit;	554

(3) Accepting commissions or rebates or other forms of	555
remuneration for referring persons to other professionals;	556

(4) Willful, unauthorized communication of information	557
received in professional confidence;	558

(5) Being negligent in the practice of psychology or school	559
psychology;	560

(6) Using any controlled substance or alcoholic beverage to	561
an extent that such use impairs the person's ability to perform	562
the work of a psychologist or school psychologist with safety to	563
the public;	564

(7) Subject to section 4732.28 of the Revised Code,	565
violating any rule of professional conduct promulgated by the	566
board;	567

(8) Practicing in an area of psychology for which the person	568
is clearly untrained or incompetent;	569

(9) An adjudication by a court, as provided in section	570
5122.301 of the Revised Code, that the person is incompetent for	571
the purpose of holding the license. Such person may have the	572
person's license issued or restored only upon determination by a	573
court that the person is competent for the purpose of holding the	574
license and upon the decision by the board that such license be	575
issued or restored. The board may require an examination prior to	576
such issuance or restoration.	577

(10) Waiving the payment of all or any part of a deductible	578
or copayment that a patient, pursuant to a health insurance or	579
health care policy, contract, or plan that covers psychological	580
services, would otherwise be required to pay if the waiver is used	581
as an enticement to a patient or group of patients to receive	582
health care services from that provider;	583

(11) Advertising that the person will waive the payment of	584
all or any part of a deductible or copayment that a patient,	585
pursuant to a health insurance or health care policy, contract, or	586
plan that covers psychological services, would otherwise be	587
required to pay;	588

(12) Notwithstanding division (A)(10) and (11) of this	589
section, sanctions shall not be imposed against any licensee who	590
waives deductibles and copayments:	591

(a) In compliance with the health benefit plan that	592
expressly allows such a practice. Waiver of the deductibles or	593
copays shall be made only with the full knowledge and consent of	594
the plan purchaser, payer, and third-party administrator. Such	595
consent shall be made available to the board upon request.	596

(b) For professional services rendered to any other person	597
licensed pursuant to this chapter to the extent allowed by this	598
chapter and the rules of the board.	599

(B) BeforeExcept as provided in section 4732.171 of the	600
Revised Code, before the board may deny, suspend, or revoke a	601
license under this section, or otherwise discipline the holder of	602
a license, written charges shall be filed with the board by the	603
secretary and a hearing shall be had thereon in accordance with	604
Chapter 119. of the Revised Code.	605

Sec. 4732.171. On receipt of a complaint that any of the	606
grounds listed in division (A) of section 4732.17 of the Revised	607
Code exist, the state board of psychology may suspend the license	608
of the licensed psychologist or licensed school psychologist prior	609
to holding a hearing in accordance with Chapter 119. of the	610
Revised Code if it determines, based on the complaint, that there	611
is an immediate threat to the public.	612

After suspending a license pursuant to this section, the	613
board shall notify the licensed psychologist or licensed school	614
psychologist of the suspension in accordance with section 119.07	615
of the Revised Code. If the individual whose license is suspended	616
fails to make a timely request for an adjudication under Chapter	617
119. of the Revised Code, the board shall enter a final order	618
permanently revoking the individual's license.	619

Sec. 4732.172. (A)Except as provided in division (B) of	620
this section, if, at the conclusion of a hearing required by	621
section 4732.17 of the Revised Code, the state board of psychology	622
determines that a licensed psychologist or licensed school	623
psychologist has engaged in sexual conduct or had sexual contact	624
with the licensed psychologist's or licensed school psychologist's	625
patient or client in violation of any prohibition contained in	626
Chapter 2907. of the Revised Code, the board shall do one of the	627
following:	628

(1) Suspend the licensed psychologist's or licensed school	629
psychologist's license;	630

(2) Permanently revoke the licensed psychologist's or	631
licensed school psychologist's license.	632

(B) If it determines at the conclusion of the hearing that	633
neither of the sanctions described in division (A) of this section	634
is appropriate, the board shall impose another sanction it	635
considers appropriate and issue a written finding setting forth	636
the reasons for the sanction imposed and the reason that neither	637
of the sanctions described in division (A) of this section is	638
appropriate.	639

Sec. 4732.173. Any finding made, and the record of any	640
sanction imposed, by the state board of psychology under section	641
4732.17, 4732.171, or 4732.172 of the Revised Code is apublic	642
record under section 149.43 of the Revised Code.	643

Sec. 4732.31. (A)The state board of psychology shall	644
provide access to the following information through the internet:	645

(1)The names of all licensed psychologists and licensed	646
school psychologists;	647

(2)The names of all licensed psychologists and licensed	648
school psychologists who have been reprimanded by the board for	649
misconduct, the names of all psychologists or school psychologists	650
who have current licenses but whose licenses are under an active	651
suspension imposed for misconduct, the names of all former	652
licensed psychologists and licensed school psychologists whose	653
licenses have been suspended or revoked for misconduct, and the	654
reason for each reprimand, suspension, or revocation;	655

(3)Written findings made under division (B) of section	656
4732.172 of the Revised Code.	657

(B)Division (A)(2) of this section does not apply to a	658
suspension of the license of a psychologist or school psychologist	659
that is an automatic suspension imposed under section 4732.14 of	660
the Revised Code.	661

Section 2.  That existing sections 2305.111, 2907.01,	662
2907.03, 2907.06, 4732.01, 4732.02, 4732.141, and 4732.17 of the	663
Revised Code are hereby repealed.	664

Section 3.  Of the three patient advocates who are not mental	665
health professionals and who are required to be appointed to the	666
State Board of Psychology under section 4732.02 of the Revised	667
Code, as amended by this act, one shall replace the current member	668
who is not a psychologist or other health professional at the end	669
of that member's term and two shall be appointed as new members in	670
accordance with that section.	671