SENATORS Spada, Austria

To amend sections 2305.111, 2907.01, 2907.03, 2907.06,

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4732.01, 4732.02, 4732.141, and 4732.17 and to

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enact sections 2305.115, 2307.63, 2907.17,

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2907.171, 2907.18, 4732.021, 4732.171, 4732.172,

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4732.173, and 4732.31 of the Revised Code to extend

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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

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health professional based on sexual conduct or

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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

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necessary treatment mental health professionals

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from engaging in sexual conduct or having sexual

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contact with their mental health clients or

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patients; to provide for notice to the regulatory

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entity with authority over a mental health

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professional who is charged with or convicted of

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those activities; to modify the laws regarding the

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State Board of Psychology; and to modify the laws

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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," "mental health	69
professional," and "mental health service" have the same meanings	70
as in section 2305.51 of the Revised Code.	71

(2) "Mental health service relationship" means the	72
relationship between a mental health professional and a mental	73
health client or patient of the mental health professional that	74
exists for purposes of the mental health professional's provision	75
of mental health services to the mental health client or patient.	76

(3) "Sexual conduct" and "sexual contact" have the same	77
meanings as in section 2907.01 of the Revised Code.	78

Sec. 2307.63. (A) In an action for assault or battery	79
brought against a mental health professional that asserts as a	80
claim that, while the plaintiff was a mental health client or	81
patient of the mental health professional, the mental health	82
professional engaged in sexual conduct with, had sexual contact	83
with, or caused one or more other persons to have sexual contact	84
with the plaintiff, the consent of the plaintiff to the sexual	85
conduct or sexual contact is not a defense to the claim unless	86
either of the following applies:	87

(1) At the time of that sexual conduct or sexual contact,	88
the plaintiff was the spouse of the mental health professional.	89

(2) The mental health professional proves by a preponderance	90
of the evidence all of the following:	91

(a) At the time of the sexual conduct or sexual contact, the	92
plaintiff was not emotionally dependent upon the mental health	93
professional.	94

(b) The plaintiff did not submit to the sexual conduct or	95
sexual contact because of therapeutic deception by the mental	96
health professional or because the mental health professional	97
falsely represented to the plaintiff that the sexual conduct or	98
sexual contact was necessary for medical or mental health	99
purposes.	100

(B) As used in this section:

101

(1) "Emotionally dependent" means that the emotional	102
condition of a mental health client or patient of a mental health	103
professional and the treatment provided by the mental health	104
professional to the client or patient are of such a nature that	105
the mental health professional knows or has reason to know that	106
the client or patient is unable to withhold consent to one or more	107
of the following:	108

(a) Engaging in sexual conduct with the mental health	109
professional;	110

(b) Having sexual contact with the mental health	111
professional or having sexual contact caused by the mental health	112
professional with one or more other persons.	113

(2) "Mental health client or patient" and "mental health	114
professional" have the same meanings as in section 2305.51 of the	115
Revised Code.	116

(3) "Sexual conduct" and "sexual contact" have the same	117
meanings as in section 2907.01 of the Revised Code.	118

(4) "Therapeutic deception" means a representation by a	119
mental health professional that one or more of the following is	120
consistent with or part of the treatment for a mental health	121
client or patient of the mental health professional:	122

(a) The client or patient engaging in sexual conduct with	123
the mental health professional;	124

(b) The client or patient having sexual contact with the	125
mental health professional or having sexual contact caused by the	126
mental health professional with one or more other persons.	127

Sec. 2907.01.  As used in sections 2907.01 to 2907.37 of the	128
Revised Code:	129

(A) "Sexual conduct" means vaginal intercourse between a	130
male and female; anal intercourse, fellatio, and cunnilingus	131
between persons regardless of sex; and, without privilege to do	132
so, the insertion, however slight, of any part of the body or any	133
instrument, apparatus, or other object into the vaginal or anal	134
cavity of another. Penetration, however slight, is sufficient to	135
complete vaginal or anal intercourse.	136

(B) "Sexual contact" means any touching of an erogenous zone	137
of another, including without limitation the thigh, genitals,	138
buttock, pubic region, or, if the person is a female, a breast,	139
for the purpose of sexually arousing or gratifying either person.	140

(C) "Sexual activity" means sexual conduct or sexual	141
contact, or both.	142

(D) "Prostitute" means a male or female who promiscuously	143
engages in sexual activity for hire, regardless of whether the	144
hire is paid to the prostitute or to another.	145

(E) Any material or performance is "harmful to juveniles,"	146
if it is offensive to prevailing standards in the adult community	147
with respect to what is suitable for juveniles, and if any of the	148
following apply:	149

(1) It tends to appeal to the prurient interest of	150
juveniles;	151

(2) It contains a display, description, or representation of	152
sexual activity, masturbation, sexual excitement, or nudity;	153

(3) It contains a display, description, or representation of	154
bestiality or extreme or bizarre violence, cruelty, or brutality;	155

(4) It contains a display, description, or representation of	156
human bodily functions of elimination;	157

(5) It makes repeated use of foul language;

158

(6) It contains a display, description, or representation in	159
lurid detail of the violent physical torture, dismemberment,	160
destruction, or death of a human being;	161

(7) It contains a display, description, or representation of	162
criminal activity that tends to glorify or glamorize the activity,	163
and that, with respect to juveniles, has a dominant tendency to	164
corrupt.	165

(F) When considered as a whole, and judged with reference to	166
ordinary adults or, if it is designed for sexual deviates or other	167
specially susceptible group, judged with reference to that group,	168
any material or performance is "obscene" if any of the following	169
apply:	170

(1) Its dominant appeal is to prurient interest;

171

(2) Its dominant tendency is to arouse lust by displaying or	172
depicting sexual activity, masturbation, sexual excitement, or	173
nudity in a way that tends to represent human beings as mere	174
objects of sexual appetite;	175

(3) Its dominant tendency is to arouse lust by displaying or	176
depicting bestiality or extreme or bizarre violence, cruelty, or	177
brutality;	178

(4) Its dominant tendency is to appeal to scatological	179
interest by displaying or depicting human bodily functions of	180
elimination in a way that inspires disgust or revulsion in persons	181
with ordinary sensibilities, without serving any genuine	182
scientific, educational, sociological, moral, or artistic purpose;	183

(5) It contains a series of displays or descriptions of	184
sexual activity, masturbation, sexual excitement, nudity,	185
bestiality, extreme or bizarre violence, cruelty, or brutality, or	186
human bodily functions of elimination, the cumulative effect of	187
which is a dominant tendency to appeal to prurient or scatological	188
interest, when the appeal to such an interest is primarily for its	189
own sake or for commercial exploitation, rather than primarily for	190
a genuine scientific, educational, sociological, moral, or	191
artistic purpose.	192

(G) "Sexual excitement" means the condition of human male or	193
female genitals when in a state of sexual stimulation or arousal.	194

(H) "Nudity" means the showing, representation, or depiction	195
of human male or female genitals, pubic area, or buttocks with	196
less than a full, opaque covering, or of a female breast with less	197
than a full, opaque covering of any portion thereof below the top	198
of the nipple, or of covered male genitals in a discernibly turgid	199
state.	200

(I) "Juvenile" means an unmarried person under the age of	201
eighteen.	202

(J) "Material" means any book, magazine, newspaper,	203
pamphlet, poster, print, picture, figure, image, description,	204
motion picture film, phonographic record, or tape, or other	205
tangible thing capable of arousing interest through sight, sound,	206
or touch.	207

(K) "Performance" means any motion picture, preview,	208
trailer, play, show, skit, dance, or other exhibition performed	209
before an audience.	210

(L) "Spouse" means a person married to an offender at the	211
time of an alleged offense, except that such person shall not be	212
considered the spouse when any of the following apply:	213

(1) When the parties have entered into a written separation	214
agreement authorized by section 3103.06 of the Revised Code;	215

(2) During the pendency of an action between the parties for	216
annulment, divorce, dissolution of marriage, or legal separation;	217

(3) In the case of an action for legal separation, after the	218
effective date of the judgment for legal separation.	219

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

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(N) "Mental health client or patient" and "mental health	221
professional" have the same meanings as in section 2305.51 of the	222
Revised Code.	223

Sec. 2907.03.  (A) No person shall engage in sexual conduct	224
with another, not the spouse of the offender, when any of the	225
following apply:	226

(1) The offender knowingly coerces the other person to	227
submit by any means that would prevent resistance by a person of	228
ordinary resolution.	229

(2) The offender knows that the other person's ability to	230
appraise the nature of or control the other person's own conduct	231
is substantially impaired.	232

(3) The offender knows that the other person submits because	233
the other person is unaware that the act is being committed.	234

(4) The offender knows that the other person submits because	235
the other person mistakenly identifies the offender as the other	236
person's spouse.	237

(5) The offender is the other person's natural or adoptive	238
parent, or a stepparent, or guardian, custodian, or person in loco	239
parentis of the other person.	240

(6) The other person is in custody of law or a patient in a	241
hospital or other institution, and the offender has supervisory or	242
disciplinary authority over the other person.	243

(7) The offender is a teacher, administrator, coach, or	244
other person in authority employed by or serving in a school for	245
which the state board of education prescribes minimum standards	246
pursuant to division (D) of section 3301.07 of the Revised Code,	247
the other person is enrolled in or attends that school, and the	248
offender is not enrolled in and does not attend that school.	249

(8) The other person is a minor, the offender is a teacher,	250
administrator, coach, or other person in authority employed by or	251
serving in an institution of higher education, and the other	252
person is enrolled in or attends that institution.	253

(9) The other person is a minor, and the offender is the	254
other person's athletic or other type of coach, is the other	255
person's instructor, is the leader of a scouting troop of which	256
the other person is a member, or is a person with temporary or	257
occasional disciplinary control over the other person.	258

(10) The offender is a mental health professional, the other	259
person is a mental health client or patient of the offender, and	260
the offender induces the other person to submit by falsely	261
representing to the other person that the sexual conduct is	262
necessary for mental health treatment purposes.	263

(B) Whoever violates this section is guilty of sexual	264
battery, a felony of the third degree.	265

(C) As used in this section, "institution of higher	266
education" means a state institution of higher education defined	267
in section 3345.011 of the Revised Code, a private nonprofit	268
college or university located in this state that possesses a	269
certificate of authorization issued by the Ohio board of regents	270
pursuant to Chapter 1713. of the Revised Code, or a school	271
certified under Chapter 3332. of the Revised Code.	272

Sec. 2907.06.  (A) No person shall have sexual contact with	273
another, not the spouse of the offender; cause another, not the	274
spouse of the offender, to have sexual contact with the offender;	275
or cause two or more other persons to have sexual contact when any	276
of the following applies:	277

(1) The offender knows that the sexual contact is offensive	278
to the other person, or one of the other persons, or is reckless	279
in that regard.	280

(2) The offender knows that the other person's, or one of	281
the other person's, ability to appraise the nature of or control	282
the offender's or touching person's conduct is substantially	283
impaired.	284

(3) The offender knows that the other person, or one of the	285
other persons, submits because of being unaware of the sexual	286
contact.	287

(4) The other person, or one of the other persons, is	288
thirteen years of age or older but less than sixteen years of age,	289
whether or not the offender knows the age of such person, and the	290
offender is at least eighteen years of age and four or more years	291
older than such other person.	292

(5) The offender is a mental health professional, the other	293
person or one of the other persons is a mental health client or	294
patient of the offender, and the offender induces the other person	295
who is the client or patient to submit by falsely representing to	296
the other person who is the client or patient that the sexual	297
contact is necessary for mental health treatment purposes.	298

(B) No person shall be convicted of a violation of this	299
section solely upon the victim's testimony unsupported by other	300
evidence.	301

(C) Whoever violates this section is guilty of sexual	302
imposition, a misdemeanor of the third degree. If the offender	303
previously has been convicted of a violation of this section or of	304
section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.12 of the	305
Revised Code, a violation of this section is a misdemeanor of the	306
first degree.	307

Sec. 2907.17. If a mental health professional is indicted or	308
charged and bound over to the court of common pleas for trial for	309
an alleged violation of division (A)(10) of section 2907.03 or	310
division (A)(5) of section 2907.06 of the Revised Code, the	311
prosecuting attorney handling the case shall send written notice	312
of the indictment or the charge and bind over to the regulatory or	313
licensing board or agency, if any, that has the administrative	314
authority to suspend or revoke the mental health professional's	315
professional license, certification, registration, or	316
authorization.	317

Sec. 2907.171. The failure of the prosecuting attorney to	318
give the notice required by section 2907.17 of the Revised Code	319
does not give rise to a claim for damages against the prosecuting	320
attorney or the county. The failure of the prosecuting attorney	321
to give the notice does not constitute grounds for declaring a	322
mistrial or new trial, for setting aside a conviction or sentence,	323
or for granting postconviction relief to a defendant.	324

Sec. 2907.18. If a mental health professional is convicted	325
of or pleads guilty to a violation of division (A)(10) of section	326
2907.03 or division (A)(5) of section 2907.06 of the Revised Code,	327
the court shall transmit a certified copy of the judgment entry of	328
conviction to the regulatory or licensing board or agency, if any,	329
that has the administrative authority to suspend or revoke the	330
mental health professional's professional license, certification,	331
registration, or authorization.	332

Sec. 4732.01.  As used in sections 4732.01 to 4732.25 of the	333
Revised Code:	334

(A) "Psychologist" means any person who holds himselfself	335
out to the public by any title or description of services	336
incorporating the words "psychologic," "psychological,"	337
"psychologist," "psychology," or any other terms that imply hethe	338
person is trained, experienced, or an expert in the field of	339
psychology.	340

(B) "The practice of psychology" means rendering or offering	341
to render to individuals, groups, organizations, or the public any	342
service involving the application of psychological procedures to	343
assessment, diagnosis, prevention, treatment, or amelioration of	344
psychological problems or emotional or mental disorders of	345
individuals or groups; or to the assessment or improvement of	346
psychological adjustment or functioning of individuals or groups,	347
whether or not there is a diagnosable pre-existing psychological	348
problem. Practice of psychology includes the practice of school	349
psychology. For purposes of this chapter, teaching or research	350
shall not be regarded as the practice of psychology, even when	351
dealing with psychological subject matter, provided it does not	352
otherwise involve the professional practice of psychology in which	353
patient or client welfare is directly affected.	354

(C) "Psychological procedures" include but are not	355
restricted to application of principles, methods, or procedures of	356
understanding, predicting, or influencing behavior, such as the	357
principles pertaining to learning, conditioning, perception,	358
motivation, thinking, emotions, or interpersonal relationships;	359
the methods or procedures of verbal interaction, interviewing,	360
counseling, behavior modification, environmental manipulation,	361
group process, psychological psychotherapy, or hypnosis; and the	362
methods or procedures of administering or interpreting tests of	363
mental abilities, aptitudes, interests, attitudes, personality	364
characteristics, emotions, or motivation.	365

(D) "School psychologist" means any person who holds himself	366
self out to the public by any title or description of services	367
incorporating the words "school psychologist" or "school	368
psychology," or who holds himselfself out to be trained,	369
experienced, or an expert in the practice of school psychology.	370

(E) "Practice of school psychology" means rendering or	371
offering to render to individuals, groups, organizations, or the	372
public any of the following services:	373

(1) Evaluation, diagnosis, or test interpretation limited to	374
assessment of intellectual ability, learning patterns,	375
achievement, motivation, or personality factors directly related	376
to learning problems in an educational setting;	377

(2) Counseling services for children or adults for	378
amelioration or prevention of educationally related learning	379
problems;	380

(3) Educational or vocational consultation or direct	381
educational services. This does not include industrial	382
consultation or counseling services to clients undergoing	383
vocational rehabilitation.	384

(F) "Licensed psychologist" means an individual holding a	385
current, valid license to practice psychology issued under section	386
4732.12 or 4732.15 of the Revised Code.	387

(G) "Licensed school psychologist" means an individual	388
holding a current, valid license to practice school psychology	389
issued under section 4732.12 or 4732.15 of the Revised Code.	390

(H) "Certificated school psychologist" means an individual	391
holding a current, valid school psychologist certificate issued	392
under division (M) of section 3319.22 of the Revised Code.	393

(I)"Mental health professional" and "mental health service"	394
have the same meanings as in section 2305.51 of the Revised Code.	395

Sec. 4732.02.  The governor, with the advice and consent of	396
the senate, shall appoint a state board of psychology consisting	397
of sevennine persons who are citizens of the United States and	398
residents of this state. One member shall not be a psychologist or	399
other health professionalThree members shall be patient advocates	400
who are not mental health professionals and who either are parents	401
or other relatives of a person who has received or is receiving	402
mental health services or are representatives of organizations	403
that represent persons who have received or are receiving mental	404
health services. At least one patient advocate member shall be a	405
parent or other relative of a mental health service recipient, and	406
at least one patient advocate member shall be a representative of	407
an organization representing mental health service recipients.	408
Each of the remaining members shall be a licensed psychologist or	409
a licensed school psychologist. The terms of the licensed	410
psychologist and licensed school psychologist members that are in	411
effect on the effective date of this amendment shall continue as	412
under the law in effect prior to the effective date of this	413
amendment. Of the originalpatient advocate members whose	414
positions are created on the effective date of this amendment, two	415
one shall replace the current member who is not a psychologist or	416
other health professional at the end of that member's term, one	417
shall be appointed for one year terms, one for two years, two for	418
three yearsa term that ends on October5, 2003, one for four	419
years, and one shall be appointed for five yearsa term that ends	420
on October5, 2006. Thereafter, terms of office for all members	421
shall be for five years, commencing on the sixth day of October	422
and ending on the fifth day of October. Each member shall hold	423
office from the date of his appointment until the end of the term	424
for which hethe member was appointed. Any member appointed to	425
fill a vacancy occurring prior to the expiration of the term for	426
which histhe member's predecessor was appointed shall hold office	427
for the remainder of such term. Any member shall continue in	428
office subsequent to the expiration date of histhe member's term	429
until histhe member's successor takes office, or until a period	430
of sixty days has elapsed, whichever occurs first. No person	431
shall be appointed to more than two five-year terms in succession.	432
The licensed psychologist and licensed school psychologist members	433
of the board shall be so chosen that they represent the diverse	434
fields of specialization and practice in the profession of	435
psychology and the profession of school psychology. The governor	436
may make such appointments from lists submitted annually by the	437
Ohio psychological association and by the Ohio school	438
psychologists association. A vacancy in an unexpired term shall	439
be filled in the same manner as the original appointment. The	440

The governor may remove any member for malfeasance,	441
misfeasance, or nonfeasance after a hearing in accordance with	442
Chapter 119. of the Revised Code. The governor shall remove, after	443
a hearing in accordance with Chapter 119. of the Revised Code, any	444
member who has been convicted of or pleaded guilty to the	445
commission of a felony offense under any law of this state,	446
another state, or the United States. No person may be appointed	447
to the board who has been convicted of or pleaded guilty to a	448
felony offense under any law of this state, another state, or the	449
United States.	450

Sec. 4732.021. A member of the state board of psychology	451
shall not engage in any conduct involving a conflict of interest	452
with the member's board duties.	453

Sec. 4732.141.  (A)(1) On August 31, 1998, and on or before	454
the thirty-first day of August of each even-numbered year	455
thereafterbeginning in 1998 and until the requirement set forth	456
in division (A)(2) of this section applies, each person licensed	457
under this chapter by the state board of psychology shall have	458
completed, in the preceding two-year period, not less than twenty	459
hours of continuing education in psychology or the number of hours	460
determined under division (D) of this section. Each such	461

(2)On or before the thirty-first day of August of each	462
even-numbered year after the biennium in which this amendment	463
takes effect, each person licensed under this chapter by the state	464
board of psychology shall have completed, in the preceding	465
two-year period, not less than twenty-three hours of continuing	466
education in psychology, including not less than three hours of	467
continuing education in professional conduct and ethics, or the	468
number of hours determined under division (D) of this section.	469

(3) Each person subject to division (A)(1) or (2) of this	470
section shall certify to the board, at the time of biennial	471
registration pursuant to section 4732.14 of the Revised Code and	472
on the registration form prescribed by the board under that	473
section, that in the preceding two years the person has completed	474
continuing psychology education in compliance with this section.	475
The board shall adopt rules establishing the procedure for a	476
person to certify to the board and for properly recording with the	477
Ohio psychological association or the state board of education	478
completion of the continuing education.	479

(B) Continuing psychology education may be applied to meet	480
the requirement of division (A) of this section if both of the	481
following requirements are met:	482

(1) It is obtained through a program or course approved by	483
the state board of psychology, the Ohio psychological association,	484
the Ohio association of black psychologists, or the American	485
psychological association or, in the case of a licensed school	486
psychologist or a licensed psychologist with a school psychology	487
specialty, by the state board of education, the Ohio school	488
psychologists association, or the national association of school	489
psychologists;	490

(2) Completion of the program or course is recorded with the	491
Ohio psychological association or the state board of education in	492
accordance with rules adopted by the state board of psychology in	493
accordance with division (A) of this section.	494

The state board of psychology may disapprove any program or	495
course that has been approved by the Ohio psychological	496
association, Ohio association of black psychologists, American	497
psychological association, state board of education, Ohio school	498
psychologists association, or national association of school	499
psychologists. Such program or course may not be applied to meet	500
the requirement of division (A) of this section.	501

(C) Each person licensed under this chapter shall be given a	502
sufficient choice of continuing education programs or courses in	503
psychology,including programs or courses on professional conduct	504
and ethics when required under division (A)(2) of this section, to	505
ensure that the person has had a reasonable opportunity to	506
participate in programs or courses that are relevant to the	507
person's practice in terms of subject matter and level.	508

(D) The board shall adopt rules providing for reductions of	509
the hours of continuing psychology education required by this	510
section for persons in their first registration period.	511

(E) Each person licensed under this chapter shall retain in	512
the person's records for at least three years the receipts,	513
vouchers, or certificates necessary to document completion of	514
continuing psychology education. Proof of continuing psychology	515
education recorded with the Ohio psychological association or the	516
state board of education in accordance with the procedures	517
established pursuant to division (A) of this section shall serve	518
as sufficient documentation of completion. With cause, the board	519
may request the documentation from the person. The board also may	520
request the documentation from persons licensed under this chapter	521
selected at random, without cause. The board may review any	522
continuing psychology education records recorded by the Ohio	523
psychological association or the state board of education.	524

(F) The board may excuse persons licensed under this	525
chapter, as a group or as individuals, from all or any part of the	526
requirements of this section because of an unusual circumstance,	527
emergency, or special hardship.	528

(G) The state board of psychology shall approve one or more	529
continuing education courses of study that assist psychologists	530
and school psychologists in recognizing the signs of domestic	531
violence and its relationship to child abuse. Psychologists and	532
school psychologists are not required to take the courses.	533

Sec. 4732.17.  (A) The state board of psychology may refuse	534
to issue a license to any applicant, may issue a reprimand, or	535
suspend or revoke the license of any licensed psychologist or	536
licensed school psychologist, on any of the following grounds:	537

(1) Conviction of a felony, or of any offense involving	538
moral turpitude, in a court of this or any other state or in a	539
federal court;	540

(2) Using fraud or deceit in the procurement of the license	541
to practice psychology or school psychology or knowingly assisting	542
another in the procurement of such a license through fraud or	543
deceit;	544

(3) Accepting commissions or rebates or other forms of	545
remuneration for referring persons to other professionals;	546

(4) Willful, unauthorized communication of information	547
received in professional confidence;	548

(5) Being negligent in the practice of psychology or school	549
psychology;	550

(6) Using any controlled substance or alcoholic beverage to	551
an extent that such use impairs the person's ability to perform	552
the work of a psychologist or school psychologist with safety to	553
the public;	554

(7) Subject to section 4732.28 of the Revised Code,	555
violating any rule of professional conduct promulgated by the	556
board;	557

(8) Practicing in an area of psychology for which the person	558
is clearly untrained or incompetent;	559

(9) An adjudication by a court, as provided in section	560
5122.301 of the Revised Code, that the person is incompetent for	561
the purpose of holding the license. Such person may have the	562
person's license issued or restored only upon determination by a	563
court that the person is competent for the purpose of holding the	564
license and upon the decision by the board that such license be	565
issued or restored. The board may require an examination prior to	566
such issuance or restoration.	567

(10) Waiving the payment of all or any part of a deductible	568
or copayment that a patient, pursuant to a health insurance or	569
health care policy, contract, or plan that covers psychological	570
services, would otherwise be required to pay if the waiver is used	571
as an enticement to a patient or group of patients to receive	572
health care services from that provider;	573

(11) Advertising that the person will waive the payment of	574
all or any part of a deductible or copayment that a patient,	575
pursuant to a health insurance or health care policy, contract, or	576
plan that covers psychological services, would otherwise be	577
required to pay;	578

(12) Notwithstanding division (A)(10) and (11) of this	579
section, sanctions shall not be imposed against any licensee who	580
waives deductibles and copayments:	581

(a) In compliance with the health benefit plan that	582
expressly allows such a practice. Waiver of the deductibles or	583
copays shall be made only with the full knowledge and consent of	584
the plan purchaser, payer, and third-party administrator. Such	585
consent shall be made available to the board upon request.	586

(b) For professional services rendered to any other person	587
licensed pursuant to this chapter to the extent allowed by this	588
chapter and the rules of the board.	589

(B) BeforeExcept as provided in section 4732.171 of the	590
Revised Code, before the board may deny, suspend, or revoke a	591
license under this section, or otherwise discipline the holder of	592
a license, written charges shall be filed with the board by the	593
secretary and a hearing shall be had thereon in accordance with	594
Chapter 119. of the Revised Code.	595

Sec. 4732.171. On receipt of a complaint that any of the	596
grounds listed in division (A) of section 4732.17 of the Revised	597
Code exist, the state board of psychology may suspend the license	598
of the licensed psychologist or licensed school psychologist prior	599
to holding a hearing in accordance with Chapter 119. of the	600
Revised Code if it determines, based on the complaint, that there	601
is an immediate threat to the public.	602

After suspending a license pursuant to this section, the	603
board shall notify the licensed psychologist or licensed school	604
psychologist of the suspension in accordance with section 119.07	605
of the Revised Code. If the individual whose license is suspended	606
fails to make a timely request for an adjudication under Chapter	607
119. of the Revised Code, the board shall enter a final order	608
permanently revoking the individual's license.	609

Sec. 4732.172. (A)Except as provided in division (B) of	610
this section, if, at the conclusion of a hearing required by	611
section 4732.17 of the Revised Code, the state board of psychology	612
determines that a licensed psychologist or licensed school	613
psychologist has engaged in sexual conduct or had sexual contact	614
with the licensed psychologist's or licensed school psychologist's	615
patient or client in violation of any prohibition contained in	616
Chapter 2907. of the Revised Code, the board shall do one of the	617
following:	618

(1) Suspend the licensed psychologist's or licensed school	619
psychologist's license;	620

(2) Permanently revoke the licensed psychologist's or	621
licensed school psychologist's license.	622

(B) If it determines at the conclusion of the hearing that	623
neither of the sanctions described in division (A) of this section	624
is appropriate, the board shall impose another sanction it	625
considers appropriate and issue a written finding setting forth	626
the reasons for the sanction imposed and the reason that neither	627
of the sanctions described in division (A) of this section is	628
appropriate.	629

Sec. 4732.173. Any finding made, and the record of any	630
sanction imposed, by the state board of psychology under section	631
4732.17, 4732.171, or 4732.172 of the Revised Code is apublic	632
record under section 149.43 of the Revised Code.	633

Sec. 4732.31. (A)The state board of psychology shall	634
provide access to the following information through the internet:	635

(1)The names of all licensed psychologists and licensed	636
school psychologists;	637

(2)The names of all licensed psychologists and licensed	638
school psychologists who have been reprimanded by the board for	639
misconduct, the names of all psychologists or school psychologists	640
who have current licenses but whose licenses are under an active	641
suspension imposed for misconduct, the names of all former	642
licensed psychologists and licensed school psychologists whose	643
licenses have been suspended or revoked for misconduct, and the	644
reason for each reprimand, suspension, or revocation;	645

(3)Written findings made under division (B) of section	646
4732.172 of the Revised Code.	647

(B)Division (A)(2) of this section does not apply to a	648
suspension of the license of a psychologist or school psychologist	649
that is an automatic suspension imposed under section 4732.14 of	650
the Revised Code.	651

Section 2.  That existing sections 2305.111, 2907.01,	652
2907.03, 2907.06, 4732.01, 4732.02, 4732.141, and 4732.17 of the	653
Revised Code are hereby repealed.	654

Section 3.  Of the three patient advocates who are not mental	655
health professionals and who are required to be appointed to the	656
State Board of Psychology under section 4732.02 of the Revised	657
Code, as amended by this act, one shall replace the current member	658
who is not a psychologist or other health professional at the end	659
of that member's term and two shall be appointed as new members in	660
accordance with that section.	661