As Passed by the House

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 143

Representatives Willamowski, White, Raussen, Combs, Fessler, Kearns, Martin, Peterson, Reidelbach, Schneider, Seaver, Webster, Widowfield, Barrett, Beatty, Harwood, C. Evans, McGregor, Seitz, Gilb, Hood, Flowers, Driehaus, Blasdel, Carmichael, Brown, DeBose, Otterman, Mason, Allen, Blessing, Book, Carano, Cassell, Chandler, Core, DeGeeter, Domenick, Gibbs, Hartnett, Hughes, Key, Latta, Law, Miller, Oelslager, Sayre, Stewart, D., Taylor, Yuko 

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A BILL

To amend sections 2305.234, 2925.01, 3709.161,

1

3721.21, 4715.02, 4715.03, 4715.05, 4715.30,

2

4715.301, 4715.39, 4715.42, 4715.51, 4715.52,

3

4715.53, 4715.57, and 4715.99, to enact sections

4

4715.231, 4715.60, 4715.601, 4715.61, 4715.62, and

5

4715.63, and to repeal sections 4715.54, 4715.55,

6

and 4715.58 of the Revised Code to make changes to

7

the law governing dental x-ray machine operators,

8

to provide for the registration of expanded

9

function dental auxiliaries, to allow a dental

10

hygienist under the supervision of a dentist to

11

administer local anesthesia to a patient, and to

12

make changes in the composition of the State

13

Dental Board.

14

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

Section 1. That sections 2305.234, 2925.01, 3709.161,	15
3721.21, 4715.02, 4715.03, 4715.05, 4715.30, 4715.301, 4715.39,	16
4715.42, 4715.51, 4715.52, 4715.53, 4715.57, and 4715.99 be	17
amended and sections 4715.231, 4715.60, 4715.601, 4715.61,	18
4715.62, and 4715.63 of the Revised Code be enacted to read as	19
follows:	20

Sec. 2305.234.  (A) As used in this section:

21

(1) "Chiropractic claim," "medical claim," and "optometric	22
claim" have the same meanings as in section 2305.113 of the	23
Revised Code.	24

(2) "Dental claim" has the same meaning as in section	25
2305.113 of the Revised Code, except that it does not include any	26
claim arising out of a dental operation or any derivative claim	27
for relief that arises out of a dental operation.	28

(3) "Governmental health care program" has the same meaning	29
as in section 4731.65 of the Revised Code.	30

(4) "Health care facility or location" means a hospital,	31
clinic, ambulatory surgical facility, office of a health care	32
professional or associated group of health care professionals,	33
training institution for health care professionals, or any other	34
place where medical, dental, or other health-related diagnosis,	35
care, or treatment is provided to a person.	36

(5) "Health care professional" means any of the following who	37
provide medical, dental, or other health-related diagnosis, care,	38
or treatment:	39

(a) Physicians authorized under Chapter 4731. of the Revised	40
Code to practice medicine and surgery or osteopathic medicine and	41
surgery;	42

(b) Registered nurses and licensed practical nurses licensed	43
under Chapter 4723. of the Revised Code and individuals who hold a	44
certificate of authority issued under that chapter that authorizes	45
the practice of nursing as a certified registered nurse	46
anesthetist, clinical nurse specialist, certified nurse-midwife,	47
or certified nurse practitioner;	48

(c) Physician assistants authorized to practice under Chapter	49
4730. of the Revised Code;	50

(d) Dentists and, dental hygienists, and expanded function	51
dental auxiliaries licensed or registered under Chapter 4715. of	52
the Revised Code;	53

(e) Physical therapists, physical therapist assistants,	54
occupational therapists, and occupational therapy assistants	55
licensed under Chapter 4755. of the Revised Code;	56

(f) Chiropractors licensed under Chapter 4734. of the Revised	57
Code;	58

(g) Optometrists licensed under Chapter 4725. of the Revised	59
Code;	60

(h) Podiatrists authorized under Chapter 4731. of the Revised	61
Code to practice podiatry;	62

(i) Dietitians licensed under Chapter 4759. of the Revised	63
Code;	64

(j) Pharmacists licensed under Chapter 4729. of the Revised	65
Code;	66

(k) Emergency medical technicians-basic, emergency medical	67
technicians-intermediate, and emergency medical	68
technicians-paramedic, certified under Chapter 4765. of the	69
Revised Code;	70

(l) Respiratory care professionals licensed under Chapter	71
4761. of the Revised Code;	72

(m) Speech-language pathologists and audiologists licensed	73
under Chapter 4753. of the Revised Code.	74

(6) "Health care worker" means a person other than a health	75
care professional who provides medical, dental, or other	76
health-related care or treatment under the direction of a health	77
care professional with the authority to direct that individual's	78
activities, including medical technicians, medical assistants,	79
dental assistants, orderlies, aides, and individuals acting in	80
similar capacities.	81

(7) "Indigent and uninsured person" means a person who meets	82
all of the following requirements:	83

(a) The person's income is not greater than two hundred per	84
cent of the current poverty line as defined by the United States	85
office of management and budget and revised in accordance with	86
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	87
95 Stat. 511, 42 U.S.C. 9902, as amended.	88

(b) The person is not eligible to receive medical assistance	89
under Chapter 5111. of the Revised Code, disability medical	90
assistance under Chapter 5115. of the Revised Code, or assistance	91
under any other governmental health care program.	92

(c) Either of the following applies:

93

(i) The person is not a policyholder, certificate holder,	94
insured, contract holder, subscriber, enrollee, member,	95
beneficiary, or other covered individual under a health insurance	96
or health care policy, contract, or plan.	97

(ii) The person is a policyholder, certificate holder,	98
insured, contract holder, subscriber, enrollee, member,	99
beneficiary, or other covered individual under a health insurance	100
or health care policy, contract, or plan, but the insurer, policy,	101
contract, or plan denies coverage or is the subject of insolvency	102
or bankruptcy proceedings in any jurisdiction.	103

(8) "Nonprofit health care referral organization" means an	104
entity that is not operated for profit and refers patients to, or	105
arranges for the provision of, health-related diagnosis, care, or	106
treatment by a health care professional or health care worker.	107

(9) "Operation" means any procedure that involves cutting or	108
otherwise infiltrating human tissue by mechanical means, including	109
surgery, laser surgery, ionizing radiation, therapeutic	110
ultrasound, or the removal of intraocular foreign bodies.	111
"Operation" does not include the administration of medication by	112
injection, unless the injection is administered in conjunction	113
with a procedure infiltrating human tissue by mechanical means	114
other than the administration of medicine by injection.	115
"Operation" does not include routine dental restorative	116
procedures, the scaling of teeth, or extractions of teeth that are	117
not impacted.	118

(10) "Tort action" means a civil action for damages for	119
injury, death, or loss to person or property other than a civil	120
action for damages for a breach of contract or another agreement	121
between persons or government entities.	122

(11) "Volunteer" means an individual who provides any	123
medical, dental, or other health-care related diagnosis, care, or	124
treatment without the expectation of receiving and without receipt	125
of any compensation or other form of remuneration from an indigent	126
and uninsured person, another person on behalf of an indigent and	127
uninsured person, any health care facility or location, any	128
nonprofit health care referral organization, or any other person	129
or government entity.	130

(12) "Community control sanction" has the same meaning as in	131
section 2929.01 of the Revised Code.	132

(13) "Deep sedation" means a drug-induced depression of	133
consciousness during which a patient cannot be easily aroused but	134
responds purposefully following repeated or painful stimulation, a	135
patient's ability to independently maintain ventilatory function	136
may be impaired, a patient may require assistance in maintaining a	137
patent airway and spontaneous ventilation may be inadequate, and	138
cardiovascular function is usually maintained.	139

(14) "General anesthesia" means a drug-induced loss of	140
consciousness during which a patient is not arousable, even by	141
painful stimulation, the ability to independently maintain	142
ventilatory function is often impaired, a patient often requires	143
assistance in maintaining a patent airway, positive pressure	144
ventilation may be required because of depressed spontaneous	145
ventilation or drug-induced depression of neuromuscular function,	146
and cardiovascular function may be impaired.	147

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	148
health care professional who is a volunteer and complies with	149
division (B)(2) of this section is not liable in damages to any	150
person or government entity in a tort or other civil action,	151
including an action on a medical, dental, chiropractic,	152
optometric, or other health-related claim, for injury, death, or	153
loss to person or property that allegedly arises from an action or	154
omission of the volunteer in the provision to an indigent and	155
uninsured person of medical, dental, or other health-related	156
diagnosis, care, or treatment, including the provision of samples	157
of medicine and other medical products, unless the action or	158
omission constitutes willful or wanton misconduct.	159

(2) To qualify for the immunity described in division (B)(1)	160
of this section, a health care professional shall do all of the	161
following prior to providing diagnosis, care, or treatment:	162

(a) Determine, in good faith, that the indigent and uninsured	163
person is mentally capable of giving informed consent to the	164
provision of the diagnosis, care, or treatment and is not subject	165
to duress or under undue influence;	166

(b) Inform the person of the provisions of this section,	167
including notifying the person that, by giving informed consent to	168
the provision of the diagnosis, care, or treatment, the person	169
cannot hold the health care professional liable for damages in a	170
tort or other civil action, including an action on a medical,	171
dental, chiropractic, optometric, or other health-related claim,	172
unless the action or omission of the health care professional	173
constitutes willful or wanton misconduct;	174

(c) Obtain the informed consent of the person and a written	175
waiver, signed by the person or by another individual on behalf of	176
and in the presence of the person, that states that the person is	177
mentally competent to give informed consent and, without being	178
subject to duress or under undue influence, gives informed consent	179
to the provision of the diagnosis, care, or treatment subject to	180
the provisions of this section. A written waiver under division	181
(B)(2)(c) of this section shall state clearly and in conspicuous	182
type that the person or other individual who signs the waiver is	183
signing it with full knowledge that, by giving informed consent to	184
the provision of the diagnosis, care, or treatment, the person	185
cannot bring a tort or other civil action, including an action on	186
a medical, dental, chiropractic, optometric, or other	187
health-related claim, against the health care professional unless	188
the action or omission of the health care professional constitutes	189
willful or wanton misconduct.	190

(3) A physician or podiatrist who is not covered by medical	191
malpractice insurance, but complies with division (B)(2) of this	192
section, is not required to comply with division (A) of section	193
4731.143 of the Revised Code.	194

(C) Subject to divisions (F) and (G)(3) of this section,	195
health care workers who are volunteers are not liable in damages	196
to any person or government entity in a tort or other civil	197
action, including an action upon a medical, dental, chiropractic,	198
optometric, or other health-related claim, for injury, death, or	199
loss to person or property that allegedly arises from an action or	200
omission of the health care worker in the provision to an indigent	201
and uninsured person of medical, dental, or other health-related	202
diagnosis, care, or treatment, unless the action or omission	203
constitutes willful or wanton misconduct.	204

(D) Subject to divisions (F) and (G)(3) of this section, a	205
nonprofit health care referral organization is not liable in	206
damages to any person or government entity in a tort or other	207
civil action, including an action on a medical, dental,	208
chiropractic, optometric, or other health-related claim, for	209
injury, death, or loss to person or property that allegedly arises	210
from an action or omission of the nonprofit health care referral	211
organization in referring indigent and uninsured persons to, or	212
arranging for the provision of, medical, dental, or other	213
health-related diagnosis, care, or treatment by a health care	214
professional described in division (B)(1) of this section or a	215
health care worker described in division (C) of this section,	216
unless the action or omission constitutes willful or wanton	217
misconduct.	218

(E) Subject to divisions (F) and (G)(3) of this section and	219
to the extent that the registration requirements of section	220
3701.071 of the Revised Code apply, a health care facility or	221
location associated with a health care professional described in	222
division (B)(1) of this section, a health care worker described in	223
division (C) of this section, or a nonprofit health care referral	224
organization described in division (D) of this section is not	225
liable in damages to any person or government entity in a tort or	226
other civil action, including an action on a medical, dental,	227
chiropractic, optometric, or other health-related claim, for	228
injury, death, or loss to person or property that allegedly arises	229
from an action or omission of the health care professional or	230
worker or nonprofit health care referral organization relative to	231
the medical, dental, or other health-related diagnosis, care, or	232
treatment provided to an indigent and uninsured person on behalf	233
of or at the health care facility or location, unless the action	234
or omission constitutes willful or wanton misconduct.	235

(F)(1) Except as provided in division (F)(2) of this section,	236
the immunities provided by divisions (B), (C), (D), and (E) of	237
this section are not available to a health care professional,	238
health care worker, nonprofit health care referral organization,	239
or health care facility or location if, at the time of an alleged	240
injury, death, or loss to person or property, the health care	241
professionals or health care workers involved are providing one of	242
the following:	243

(a) Any medical, dental, or other health-related diagnosis,	244
care, or treatment pursuant to a community service work order	245
entered by a court under division (B) of section 2951.02 of the	246
Revised Code or imposed by a court as a community control	247
sanction;	248

(b) Performance of an operation to which any one of the	249
following applies:	250

(i) The operation requires the administration of deep	251
sedation or general anesthesia.	252

(ii) The operation is a procedure that is not typically	253
performed in an office.	254

(iii) The individual involved is a health care professional,	255
and the operation is beyond the scope of practice or the	256
education, training, and competence, as applicable, of the health	257
care professional.	258

(c) Delivery of a baby or any other purposeful termination of	259
a human pregnancy.	260

(2) Division (F)(1) of this section does not apply when a	261
health care professional or health care worker provides medical,	262
dental, or other health-related diagnosis, care, or treatment that	263
is necessary to preserve the life of a person in a medical	264
emergency.	265

(G)(1) This section does not create a new cause of action or	266
substantive legal right against a health care professional, health	267
care worker, nonprofit health care referral organization, or	268
health care facility or location.	269

(2) This section does not affect any immunities from civil	270
liability or defenses established by another section of the	271
Revised Code or available at common law to which a health care	272
professional, health care worker, nonprofit health care referral	273
organization, or health care facility or location may be entitled	274
in connection with the provision of emergency or other medical,	275
dental, or other health-related diagnosis, care, or treatment.	276

(3) This section does not grant an immunity from tort or	277
other civil liability to a health care professional, health care	278
worker, nonprofit health care referral organization, or health	279
care facility or location for actions that are outside the scope	280
of authority of health care professionals or health care workers.	281

(4) This section does not affect any legal responsibility of	282
a health care professional, health care worker, or nonprofit	283
health care referral organization to comply with any applicable	284
law of this state or rule of an agency of this state.	285

(5) This section does not affect any legal responsibility of	286
a health care facility or location to comply with any applicable	287
law of this state, rule of an agency of this state, or local code,	288
ordinance, or regulation that pertains to or regulates building,	289
housing, air pollution, water pollution, sanitation, health, fire,	290
zoning, or safety.	291

Sec. 2925.01.  As used in this chapter:

292

(A) "Administer," "controlled substance," "dispense,"	293
"distribute," "hypodermic," "manufacturer," "official written	294
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	295
"schedule II," "schedule III," "schedule IV," "schedule V," and	296
"wholesaler" have the same meanings as in section 3719.01 of the	297
Revised Code.	298

(B) "Drug dependent person" and "drug of abuse" have the same	299
meanings as in section 3719.011 of the Revised Code.	300

(C) "Drug," "dangerous drug," "licensed health professional	301
authorized to prescribe drugs," and "prescription" have the same	302
meanings as in section 4729.01 of the Revised Code.	303

(D) "Bulk amount" of a controlled substance means any of the	304
following:	305

(1) For any compound, mixture, preparation, or substance	306
included in schedule I, schedule II, or schedule III, with the	307
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	308
except as provided in division (D)(2) or (5) of this section,	309
whichever of the following is applicable:	310

(a) An amount equal to or exceeding ten grams or twenty-five	311
unit doses of a compound, mixture, preparation, or substance that	312
is or contains any amount of a schedule I opiate or opium	313
derivative;	314

(b) An amount equal to or exceeding ten grams of a compound,	315
mixture, preparation, or substance that is or contains any amount	316
of raw or gum opium;	317

(c) An amount equal to or exceeding thirty grams or ten unit	318
doses of a compound, mixture, preparation, or substance that is or	319
contains any amount of a schedule I hallucinogen other than	320
tetrahydrocannabinol or lysergic acid amide, or a schedule I	321
stimulant or depressant;	322

(d) An amount equal to or exceeding twenty grams or five	323
times the maximum daily dose in the usual dose range specified in	324
a standard pharmaceutical reference manual of a compound, mixture,	325
preparation, or substance that is or contains any amount of a	326
schedule II opiate or opium derivative;	327

(e) An amount equal to or exceeding five grams or ten unit	328
doses of a compound, mixture, preparation, or substance that is or	329
contains any amount of phencyclidine;	330

(f) An amount equal to or exceeding one hundred twenty grams	331
or thirty times the maximum daily dose in the usual dose range	332
specified in a standard pharmaceutical reference manual of a	333
compound, mixture, preparation, or substance that is or contains	334
any amount of a schedule II stimulant that is in a final dosage	335
form manufactured by a person authorized by the "Federal Food,	336
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	337
amended, and the federal drug abuse control laws, as defined in	338
section 3719.01 of the Revised Code, that is or contains any	339
amount of a schedule II depressant substance or a schedule II	340
hallucinogenic substance;	341

(g) An amount equal to or exceeding three grams of a	342
compound, mixture, preparation, or substance that is or contains	343
any amount of a schedule II stimulant, or any of its salts or	344
isomers, that is not in a final dosage form manufactured by a	345
person authorized by the Federal Food, Drug, and Cosmetic Act and	346
the federal drug abuse control laws.	347

(2) An amount equal to or exceeding one hundred twenty grams	348
or thirty times the maximum daily dose in the usual dose range	349
specified in a standard pharmaceutical reference manual of a	350
compound, mixture, preparation, or substance that is or contains	351
any amount of a schedule III or IV substance other than an	352
anabolic steroid or a schedule III opiate or opium derivative;	353

(3) An amount equal to or exceeding twenty grams or five	354
times the maximum daily dose in the usual dose range specified in	355
a standard pharmaceutical reference manual of a compound, mixture,	356
preparation, or substance that is or contains any amount of a	357
schedule III opiate or opium derivative;	358

(4) An amount equal to or exceeding two hundred fifty	359
milliliters or two hundred fifty grams of a compound, mixture,	360
preparation, or substance that is or contains any amount of a	361
schedule V substance;	362

(5) An amount equal to or exceeding two hundred solid dosage	363
units, sixteen grams, or sixteen milliliters of a compound,	364
mixture, preparation, or substance that is or contains any amount	365
of a schedule III anabolic steroid.	366

(E) "Unit dose" means an amount or unit of a compound,	367
mixture, or preparation containing a controlled substance that is	368
separately identifiable and in a form that indicates that it is	369
the amount or unit by which the controlled substance is separately	370
administered to or taken by an individual.	371

(F) "Cultivate" includes planting, watering, fertilizing, or	372
tilling.	373

(G) "Drug abuse offense" means any of the following:

374

(1) A violation of division (A) of section 2913.02 that	375
constitutes theft of drugs, or a violation of section 2925.02,	376
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	377
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	378
2925.37 of the Revised Code;	379

(2) A violation of an existing or former law of this or any	380
other state or of the United States that is substantially	381
equivalent to any section listed in division (G)(1) of this	382
section;	383

(3) An offense under an existing or former law of this or any	384
other state, or of the United States, of which planting,	385
cultivating, harvesting, processing, making, manufacturing,	386
producing, shipping, transporting, delivering, acquiring,	387
possessing, storing, distributing, dispensing, selling, inducing	388
another to use, administering to another, using, or otherwise	389
dealing with a controlled substance is an element;	390

(4) A conspiracy to commit, attempt to commit, or complicity	391
in committing or attempting to commit any offense under division	392
(G)(1), (2), or (3) of this section.	393

(H) "Felony drug abuse offense" means any drug abuse offense	394
that would constitute a felony under the laws of this state, any	395
other state, or the United States.	396

(I) "Harmful intoxicant" does not include beer or	397
intoxicating liquor but means any of the following:	398

(1) Any compound, mixture, preparation, or substance the gas,	399
fumes, or vapor of which when inhaled can induce intoxication,	400
excitement, giddiness, irrational behavior, depression,	401
stupefaction, paralysis, unconsciousness, asphyxiation, or other	402
harmful physiological effects, and includes, but is not limited	403
to, any of the following:	404

(a) Any volatile organic solvent, plastic cement, model	405
cement, fingernail polish remover, lacquer thinner, cleaning	406
fluid, gasoline, or other preparation containing a volatile	407
organic solvent;	408

(b) Any aerosol propellant;

409

(c) Any fluorocarbon refrigerant;

410

(d) Any anesthetic gas.

411

(2) Gamma Butyrolactone;

412

(3) 1,4 Butanediol.

413

(J) "Manufacture" means to plant, cultivate, harvest,	414
process, make, prepare, or otherwise engage in any part of the	415
production of a drug, by propagation, extraction, chemical	416
synthesis, or compounding, or any combination of the same, and	417
includes packaging, repackaging, labeling, and other activities	418
incident to production.	419

(K) "Possess" or "possession" means having control over a	420
thing or substance, but may not be inferred solely from mere	421
access to the thing or substance through ownership or occupation	422
of the premises upon which the thing or substance is found.	423

(L) "Sample drug" means a drug or pharmaceutical preparation	424
that would be hazardous to health or safety if used without the	425
supervision of a licensed health professional authorized to	426
prescribe drugs, or a drug of abuse, and that, at one time, had	427
been placed in a container plainly marked as a sample by a	428
manufacturer.	429

(M) "Standard pharmaceutical reference manual" means the	430
current edition, with cumulative changes if any, of any of the	431
following reference works:	432

(1) "The National Formulary";

433

(2) "The United States Pharmacopeia," prepared by authority	434
of the United States Pharmacopeial Convention, Inc.;	435

(3) Other standard references that are approved by the state	436
board of pharmacy.	437

(N) "Juvenile" means a person under eighteen years of age.

438

(O) "Counterfeit controlled substance" means any of the	439
following:	440

(1) Any drug that bears, or whose container or label bears, a	441
trademark, trade name, or other identifying mark used without	442
authorization of the owner of rights to that trademark, trade	443
name, or identifying mark;	444

(2) Any unmarked or unlabeled substance that is represented	445
to be a controlled substance manufactured, processed, packed, or	446
distributed by a person other than the person that manufactured,	447
processed, packed, or distributed it;	448

(3) Any substance that is represented to be a controlled	449
substance but is not a controlled substance or is a different	450
controlled substance;	451

(4) Any substance other than a controlled substance that a	452
reasonable person would believe to be a controlled substance	453
because of its similarity in shape, size, and color, or its	454
markings, labeling, packaging, distribution, or the price for	455
which it is sold or offered for sale.	456

(P) An offense is "committed in the vicinity of a school" if	457
the offender commits the offense on school premises, in a school	458
building, or within one thousand feet of the boundaries of any	459
school premises, regardless of whether the offender knows the	460
offense is being committed on school premises, in a school	461
building, or within one thousand feet of the boundaries of any	462
school premises.	463

(Q) "School" means any school operated by a board of	464
education, any community school established under Chapter 3314. of	465
the Revised Code, or any nonpublic school for which the state	466
board of education prescribes minimum standards under section	467
3301.07 of the Revised Code, whether or not any instruction,	468
extracurricular activities, or training provided by the school is	469
being conducted at the time a criminal offense is committed.	470

(R) "School premises" means either of the following:

471

(1) The parcel of real property on which any school is	472
situated, whether or not any instruction, extracurricular	473
activities, or training provided by the school is being conducted	474
on the premises at the time a criminal offense is committed;	475

(2) Any other parcel of real property that is owned or leased	476
by a board of education of a school, the governing authority of a	477
community school established under Chapter 3314. of the Revised	478
Code, or the governing body of a nonpublic school for which the	479
state board of education prescribes minimum standards under	480
section 3301.07 of the Revised Code and on which some of the	481
instruction, extracurricular activities, or training of the school	482
is conducted, whether or not any instruction, extracurricular	483
activities, or training provided by the school is being conducted	484
on the parcel of real property at the time a criminal offense is	485
committed.	486

(S) "School building" means any building in which any of the	487
instruction, extracurricular activities, or training provided by a	488
school is conducted, whether or not any instruction,	489
extracurricular activities, or training provided by the school is	490
being conducted in the school building at the time a criminal	491
offense is committed.	492

(T) "Disciplinary counsel" means the disciplinary counsel	493
appointed by the board of commissioners on grievances and	494
discipline of the supreme court under the Rules for the Government	495
of the Bar of Ohio.	496

(U) "Certified grievance committee" means a duly constituted	497
and organized committee of the Ohio state bar association or of	498
one or more local bar associations of the state of Ohio that	499
complies with the criteria set forth in Rule V, section 6 of the	500
Rules for the Government of the Bar of Ohio.	501

(V) "Professional license" means any license, permit,	502
certificate, registration, qualification, admission, temporary	503
license, temporary permit, temporary certificate, or temporary	504
registration that is described in divisions (W)(1) to (36) of this	505
section and that qualifies a person as a professionally licensed	506
person.	507

(W) "Professionally licensed person" means any of the	508
following:	509

(1) A person who has obtained a license as a manufacturer of	510
controlled substances or a wholesaler of controlled substances	511
under Chapter 3719. of the Revised Code;	512

(2) A person who has received a certificate or temporary	513
certificate as a certified public accountant or who has registered	514
as a public accountant under Chapter 4701. of the Revised Code and	515
who holds an Ohio permit issued under that chapter;	516

(3) A person who holds a certificate of qualification to	517
practice architecture issued or renewed and registered under	518
Chapter 4703. of the Revised Code;	519

(4) A person who is registered as a landscape architect under	520
Chapter 4703. of the Revised Code or who holds a permit as a	521
landscape architect issued under that chapter;	522

(5) A person licensed under Chapter 4707. of the Revised	523
Code;	524

(6) A person who has been issued a certificate of	525
registration as a registered barber under Chapter 4709. of the	526
Revised Code;	527

(7) A person licensed and regulated to engage in the business	528
of a debt pooling company by a legislative authority, under	529
authority of Chapter 4710. of the Revised Code;	530

(8) A person who has been issued a cosmetologist's license,	531
hair designer's license, manicurist's license, esthetician's	532
license, natural hair stylist's license, managing cosmetologist's	533
license, managing hair designer's license, managing manicurist's	534
license, managing esthetician's license, managing natural hair	535
stylist's license, cosmetology instructor's license, hair design	536
instructor's license, manicurist instructor's license, esthetics	537
instructor's license, natural hair style instructor's license,	538
independent contractor's license, or tanning facility permit under	539
Chapter 4713. of the Revised Code;	540

(9) A person who has been issued a license to practice	541
dentistry, a general anesthesia permit, a conscious intravenous	542
sedation permit, a limited resident's license, a limited teaching	543
license, a dental hygienist's license, or a dental hygienist's	544
teacher's certificate or who has been registered as an expanded	545
function dental auxiliary under Chapter 4715. of the Revised Code;	546

(10) A person who has been issued an embalmer's license, a	547
funeral director's license, a funeral home license, or a crematory	548
license, or who has been registered for an embalmer's or funeral	549
director's apprenticeship under Chapter 4717. of the Revised Code;	550

(11) A person who has been licensed as a registered nurse or	551
practical nurse, or who has been issued a certificate for the	552
practice of nurse-midwifery under Chapter 4723. of the Revised	553
Code;	554

(12) A person who has been licensed to practice optometry or	555
to engage in optical dispensing under Chapter 4725. of the Revised	556
Code;	557

(13) A person licensed to act as a pawnbroker under Chapter	558
4727. of the Revised Code;	559

(14) A person licensed to act as a precious metals dealer	560
under Chapter 4728. of the Revised Code;	561

(15) A person licensed as a pharmacist, a pharmacy intern, a	562
wholesale distributor of dangerous drugs, or a terminal	563
distributor of dangerous drugs under Chapter 4729. of the Revised	564
Code;	565

(16) A person who is authorized to practice as a physician	566
assistant under Chapter 4730. of the Revised Code;	567

(17) A person who has been issued a certificate to practice	568
medicine and surgery, osteopathic medicine and surgery, a limited	569
branch of medicine, or podiatry under Chapter 4731. of the Revised	570
Code;	571

(18) A person licensed as a psychologist or school	572
psychologist under Chapter 4732. of the Revised Code;	573

(19) A person registered to practice the profession of	574
engineering or surveying under Chapter 4733. of the Revised Code;	575

(20) A person who has been issued a license to practice	576
chiropractic under Chapter 4734. of the Revised Code;	577

(21) A person licensed to act as a real estate broker or real	578
estate salesperson under Chapter 4735. of the Revised Code;	579

(22) A person registered as a registered sanitarian under	580
Chapter 4736. of the Revised Code;	581

(23) A person licensed to operate or maintain a junkyard	582
under Chapter 4737. of the Revised Code;	583

(24) A person who has been issued a motor vehicle salvage	584
dealer's license under Chapter 4738. of the Revised Code;	585

(25) A person who has been licensed to act as a steam	586
engineer under Chapter 4739. of the Revised Code;	587

(26) A person who has been issued a license or temporary	588
permit to practice veterinary medicine or any of its branches, or	589
who is registered as a graduate animal technician under Chapter	590
4741. of the Revised Code;	591

(27) A person who has been issued a hearing aid dealer's or	592
fitter's license or trainee permit under Chapter 4747. of the	593
Revised Code;	594

(28) A person who has been issued a class A, class B, or	595
class C license or who has been registered as an investigator or	596
security guard employee under Chapter 4749. of the Revised Code;	597

(29) A person licensed and registered to practice as a	598
nursing home administrator under Chapter 4751. of the Revised	599
Code;	600

(30) A person licensed to practice as a speech-language	601
pathologist or audiologist under Chapter 4753. of the Revised	602
Code;	603

(31) A person issued a license as an occupational therapist	604
or physical therapist under Chapter 4755. of the Revised Code;	605

(32) A person who is licensed as a professional clinical	606
counselor or professional counselor, licensed as a social worker	607
or independent social worker, or registered as a social work	608
assistant under Chapter 4757. of the Revised Code;	609

(33) A person issued a license to practice dietetics under	610
Chapter 4759. of the Revised Code;	611

(34) A person who has been issued a license or limited permit	612
to practice respiratory therapy under Chapter 4761. of the Revised	613
Code;	614

(35) A person who has been issued a real estate appraiser	615
certificate under Chapter 4763. of the Revised Code;	616

(36) A person who has been admitted to the bar by order of	617
the supreme court in compliance with its prescribed and published	618
rules.	619

(X) "Cocaine" means any of the following:

620

(1) A cocaine salt, isomer, or derivative, a salt of a	621
cocaine isomer or derivative, or the base form of cocaine;	622

(2) Coca leaves or a salt, compound, derivative, or	623
preparation of coca leaves, including ecgonine, a salt, isomer, or	624
derivative of ecgonine, or a salt of an isomer or derivative of	625
ecgonine;	626

(3) A salt, compound, derivative, or preparation of a	627
substance identified in division (X)(1) or (2) of this section	628
that is chemically equivalent to or identical with any of those	629
substances, except that the substances shall not include	630
decocainized coca leaves or extraction of coca leaves if the	631
extractions do not contain cocaine or ecgonine.	632

(Y) "L.S.D." means lysergic acid diethylamide.

633

(Z) "Hashish" means the resin or a preparation of the resin	634
contained in marihuana, whether in solid form or in a liquid	635
concentrate, liquid extract, or liquid distillate form.	636

(AA) "Marihuana" has the same meaning as in section 3719.01	637
of the Revised Code, except that it does not include hashish.	638

(BB) An offense is "committed in the vicinity of a juvenile"	639
if the offender commits the offense within one hundred feet of a	640
juvenile or within the view of a juvenile, regardless of whether	641
the offender knows the age of the juvenile, whether the offender	642
knows the offense is being committed within one hundred feet of or	643
within view of the juvenile, or whether the juvenile actually	644
views the commission of the offense.	645

(CC) "Presumption for a prison term" or "presumption that a	646
prison term shall be imposed" means a presumption, as described in	647
division (D) of section 2929.13 of the Revised Code, that a prison	648
term is a necessary sanction for a felony in order to comply with	649
the purposes and principles of sentencing under section 2929.11 of	650
the Revised Code.	651

(DD) "Major drug offender" has the same meaning as in section	652
2929.01 of the Revised Code.	653

(EE) "Minor drug possession offense" means either of the	654
following:	655

(1) A violation of section 2925.11 of the Revised Code as it	656
existed prior to July 1, 1996;	657

(2) A violation of section 2925.11 of the Revised Code as it	658
exists on and after July 1, 1996, that is a misdemeanor or a	659
felony of the fifth degree.	660

(FF) "Mandatory prison term" has the same meaning as in	661
section 2929.01 of the Revised Code.	662

(GG) "Crack cocaine" means a compound, mixture, preparation,	663
or substance that is or contains any amount of cocaine that is	664
analytically identified as the base form of cocaine or that is in	665
a form that resembles rocks or pebbles generally intended for	666
individual use.	667

(HH) "Adulterate" means to cause a drug to be adulterated as	668
described in section 3715.63 of the Revised Code.	669

(II) "Public premises" means any hotel, restaurant, tavern,	670
store, arena, hall, or other place of public accommodation,	671
business, amusement, or resort.	672

Sec. 3709.161.  (A) The board of health of a city or general	673
health district may procure a policy or policies of insurance	674
insuring the members of the board, the health commissioner, and	675
the employees of the board against liability on account of damage	676
or injury to persons and property resulting from any act or	677
omission that occurs in the individual's official capacity as a	678
member or employee of the board or resulting solely out of such	679
membership or employment.	680

(B)(1) As used in this division, "health care professional"	681
means all of the following:	682

(a) A dentist or, dental hygienist, or expanded function	683
dental auxiliary licensed or registered under Chapter 4715. of the	684
Revised Code;	685

(b) A registered nurse or licensed practical nurse licensed	686
under Chapter 4723. of the Revised Code;	687

(c) A person licensed under Chapter 4729. of the Revised Code	688
to practice as a pharmacist;	689

(d) A person authorized under Chapter 4730. of the Revised	690
Code to practice as a physician assistant;	691

(e) A person authorized under Chapter 4731. of the Revised	692
Code to practice medicine and surgery, osteopathic medicine and	693
surgery, or podiatry;	694

(f) A psychologist licensed under Chapter 4732. of the	695
Revised Code;	696

(g) A veterinarian licensed under Chapter 4741. of the	697
Revised Code;	698

(h) A speech-language pathologist or audiologist licensed	699
under Chapter 4753. of the Revised Code;	700

(i) An occupational therapist, physical therapist, physical	701
therapist assistant, or athletic trainer licensed under Chapter	702
4755. of the Revised Code;	703

(j) A professional clinical counselor, professional	704
counselor, independent social worker, or social worker licensed	705
under Chapter 4757. of the Revised Code;	706

(k) A dietician licensed under Chapter 4759. of the Revised	707
Code.	708

(2) The board of health of a city or general health district	709
may purchase liability insurance for a health care professional	710
with whom the board contracts for the provision of health care	711
services against liability on account of damage or injury to	712
persons and property arising from the health care professional's	713
performance of services under the contract. The policy shall be	714
purchased from an insurance company licensed to do business in	715
this state, if such a policy is available from such a company. The	716
board of health of a city or general health district shall report	717
the cost of the liability insurance policy and subsequent	718
increases in the cost to the director of health on a form	719
prescribed by the director.	720

Sec. 3721.21.  As used in sections 3721.21 to 3721.34 of the	721
Revised Code:	722

(A) "Long-term care facility" means either of the following:

723

(1) A nursing home as defined in section 3721.01 of the	724
Revised Code, other than a nursing home or part of a nursing home	725
certified as an intermediate care facility for the mentally	726
retarded under Title XIX of the "Social Security Act," 49 Stat.	727
620 (1935), 42 U.S.C.A. 301, as amended;	728

(2) A facility or part of a facility that is certified as a	729
skilled nursing facility or a nursing facility under Title XVIII	730
or XIX of the "Social Security Act."	731

(B) "Residential care facility" has the same meaning as in	732
section 3721.01 of the Revised Code.	733

(C) "Abuse" means knowingly causing physical harm or	734
recklessly causing serious physical harm to a resident by physical	735
contact with the resident or by use of physical or chemical	736
restraint, medication, or isolation as punishment, for staff	737
convenience, excessively, as a substitute for treatment, or in	738
amounts that preclude habilitation and treatment.	739

(D) "Neglect" means recklessly failing to provide a resident	740
with any treatment, care, goods, or service necessary to maintain	741
the health or safety of the resident when the failure results in	742
serious physical harm to the resident. "Neglect" does not include	743
allowing a resident, at the resident's option, to receive only	744
treatment by spiritual means through prayer in accordance with the	745
tenets of a recognized religious denomination.	746

(E) "Misappropriation" means depriving, defrauding, or	747
otherwise obtaining the real or personal property of a resident by	748
any means prohibited by the Revised Code, including violations of	749
Chapter 2911. or 2913. of the Revised Code.	750

(F) "Resident" includes a resident, patient, former resident	751
or patient, or deceased resident or patient of a long-term care	752
facility or a residential care facility.	753

(G) "Physical restraint" has the same meaning as in section	754
3721.10 of the Revised Code.	755

(H) "Chemical restraint" has the same meaning as in section	756
3721.10 of the Revised Code.	757

(I) "Nursing and nursing-related services" means the personal	758
care services and other services not constituting skilled nursing	759
care that are specified in rules the public health council shall	760
adopt in accordance with Chapter 119. of the Revised Code.	761

(J) "Personal care services" has the same meaning as in	762
section 3721.01 of the Revised Code.	763

(K) "Nurse aide" means an individual, other than a licensed	764
health professional practicing within the scope of the	765
professional's license, who provides nursing and nursing-related	766
services to residents in a long-term care facility, either as a	767
member of the staff of the facility for monetary compensation or	768
as a volunteer without monetary compensation.	769

(L) "Licensed health professional" means all of the	770
following:	771

(1) An occupational therapist or occupational therapy	772
assistant licensed under Chapter 4755. of the Revised Code;	773

(2) A physical therapist or physical therapy assistant	774
licensed under Chapter 4755. of the Revised Code;	775

(3) A physician authorized under Chapter 4731. of the Revised	776
Code to practice medicine and surgery, osteopathic medicine and	777
surgery, or podiatry;	778

(4) A physician assistant authorized under Chapter 4730. of	779
the Revised Code to practice as a physician assistant;	780

(5) A registered nurse or licensed practical nurse licensed	781
under Chapter 4723. of the Revised Code;	782

(6) A social worker or independent social worker licensed	783
under Chapter 4757. of the Revised Code or a social work assistant	784
registered under that chapter;	785

(7) A speech-language pathologist or audiologist licensed	786
under Chapter 4753. of the Revised Code;	787

(8) A dentist or, dental hygienist, or expanded function	788
dental auxiliary licensed or registered under Chapter 4715. of the	789
Revised Code;	790

(9) An optometrist licensed under Chapter 4725. of the	791
Revised Code;	792

(10) A pharmacist licensed under Chapter 4729. of the Revised	793
Code;	794

(11) A psychologist licensed under Chapter 4732. of the	795
Revised Code;	796

(12) A chiropractor licensed under Chapter 4734. of the	797
Revised Code;	798

(13) A nursing home administrator licensed or temporarily	799
licensed under Chapter 4751. of the Revised Code;	800

(14) A professional counselor or professional clinical	801
counselor licensed under Chapter 4757. of the Revised Code.	802

(M) "Competency evaluation program" means a program through	803
which the competency of a nurse aide to provide nursing and	804
nursing-related services is evaluated.	805

(N) "Training and competency evaluation program" means a	806
program of nurse aide training and evaluation of competency to	807
provide nursing and nursing-related services.	808

Sec. 4715.02.  The governor, with the advice and consent of	809
the senate, shall appoint a state dental board consisting of	810
thirteen persons, nine of whom shall be graduates of a reputable	811
dental college, citizens of the United States, and shall have been	812
in the legal and reputable practice of dentistry in the state at	813
least five years next preceding their appointment; three of whom	814
shall be graduates of a reputable school of dental hygiene,	815
citizens of the United States, and shall have been in the legal	816
and reputable practice of dental hygiene in the state at least	817
five years next preceding their appointment; and one of whom shall	818
be a member of the public at large who is not associated with or	819
financially interested in the practice of dentistry.	820

Of the nine members who are in the practice of dentistry,	821
there shall be not more than two on the board at any time who are	822
shall be recognized as specialists pursuant to rules adopted by	823
the board. OfThe specialists shall not represent the same	824
specialty, and at no time shall a specialty that a board member	825
represents be represented for two or more consecutive terms.	826

Of the three members who are in the practice of dental	827
hygiene, not more than one may be a person employed as a full-time	828
teacher of dental hygiene students. Representation	829

Representation of the various geographical areas of the state	830
shall be considered in making appointments for members who are in	831
the practice of dentistry and for members who are in the practice	832
of dental hygiene.	833

Terms of office shall be for four years, commencing on the	834
seventh day of April and ending on the sixth day of April. Each	835
member shall hold office from the date of the member's appointment	836
until the end of the term for which the member was appointed. Any	837
member appointed to fill a vacancy occurring prior to the	838
expiration of the term for which the member's predecessor was	839
appointed shall hold office for the remainder of such term. Any	840
member shall continue in office subsequent to the expiration date	841
of the member's term until the member's successor takes office, or	842
until a period of sixty days has elapsed, whichever occurs first.	843
No person so appointed shall serve to exceed two terms.	844

The Ohio dental association may submit to the governor the	845
names of five nominees for each position to be filled by a dentist	846
and from the names so submitted or from others, at the governor's	847
discretion, the governor shall make such appointments; provided	848
that all such appointees shall possess the required	849
qualifications. The Ohio dental hygienists association, inc., may	850
submit to the governor the names of five nominees for each	851
position to be filled by a dental hygienist and from the names so	852
submitted or from others, at the governor's discretion, the	853
governor shall make such appointments; provided that all such	854
appointees shall possess the required qualifications. No person	855
shall be appointed to the state dental board who is employed by or	856
practices in a corporation holding a certificate of authority	857
under Chapter 1751. of the Revised Code with a person who is a	858
member of the board.	859

No member of the board shall administer to a student in this	860
state or to a graduate of a dental college located in this state	861
an examination on behalf of any of the following: the central	862
regional dental testing service, inc., northeast regional board of	863
dental examiners, inc., southern regional testing agency, inc., or	864
western regional examining board.	865

Sec. 4715.03.  (A) The state dental board shall organize by	866
the election from its members of a president and a secretary. It	867
shall hold meetings monthly at least eight months a year at such	868
times and places as the board designates. A majority of the	869
members of the board shall constitute a quorum. The board shall	870
make such reasonable rules as it determines necessary pursuant to	871
Chapter 119. of the Revised Code.	872

(B) A concurrence of a majority of the members of the board	873
shall be required to grant, refuse, suspend, place on probationary	874
status, revoke, refuse to renew, or refuse to reinstate a license,	875
certificate, or registration or censure a license, certificate, or	876
registration holder.	877

(C) The board shall adopt rules establishing standards for	878
the safe practice of dentistry and dental hygiene and activities	879
that may be performed by qualified practitioners and shall,	880
through its policies and activities, promote such practice.	881

The board shall adopt rules in accordance with Chapter 119.	882
of the Revised Code establishing universal blood and body fluid	883
precautions that shall be used by each person licensed, certified,	884
or registered under this chapter who performs exposure prone	885
invasive procedures. The rules shall define and establish	886
requirements for universal blood and body fluid precautions that	887
include the following:	888

(1) Appropriate use of hand washing;

889

(2) Disinfection and sterilization of equipment;

890

(3) Handling and disposal of needles and other sharp	891
instruments;	892

(4) Wearing and disposal of gloves and other protective	893
garments and devices.	894

(D) The board shall administer and enforce the provisions of	895
this chapter. The board shall investigate evidence which appears	896
to show that any person has violated any provision of this	897
chapter. Any person may report to the board under oath any	898
information such person may have appearing to show a violation of	899
any provision of this chapter. In the absence of bad faith, any	900
person who reports such information or who testifies before the	901
board in any disciplinary proceeding conducted pursuant to Chapter	902
119. of the Revised Code is not liable for civil damages as a	903
result of making the report or providing testimony. If after	904
investigation the board determines that there are reasonable	905
grounds to believe that a violation of this chapter has occurred,	906
the board shall conduct disciplinary proceedings pursuant to	907
Chapter 119. of the Revised Code or provide for a license,	908
certificate, or registration holder to participate in the quality	909
intervention program established under section 4715.031 of the	910
Revised Code. The board shall not dismiss any complaint or	911
terminate any investigation except by a majority vote of its	912
members. For the purpose of any disciplinary proceeding or any	913
investigation conducted under this division, the board may	914
administer oaths, order the taking of depositions, issue	915
subpoenas, compel the attendance and testimony of persons at	916
depositions and compel the production of books, accounts, papers,	917
documents, or other tangible things. The hearings and	918
investigations of the board shall be considered civil actions for	919
the purposes of section 2305.252 of the Revised Code.	920
Notwithstanding section 121.22 of the Revised Code, proceedings of	921
the board relative to the investigation of a complaint or the	922
determination whether there are reasonable grounds to believe that	923
a violation of this chapter has occurred are confidential and are	924
not subject to discovery in any civil action.	925

(E)(1) The board shall examine or cause to be examined	926
eligible applicants to practice dental hygiene. The board may	927
distinguish by rule different classes of qualified personnel	928
according to skill levels and require all or only certain of these	929
classes of qualified personnel to be examined and certified or	930
registered by the board.	931

(2) The board shall administer a written jurisprudence	932
examination to each applicant for a license to practice dentistry.	933
The examination shall cover only the statutes and administrative	934
rules governing the practice of dentistry in this state.	935

(F) In accordance with Chapter 119. of the Revised Code, the	936
board shall adopt, and may amend or rescind, rules establishing	937
the eligibility criteria, the application and permit renewal	938
procedures, and safety standards applicable to a dentist licensed	939
under this chapter who applies for a permit to employ or use	940
conscious intravenous sedation. These rules shall include all of	941
the following:	942

(1) The eligibility requirements and application procedures	943
for an eligible dentist to obtain a conscious intravenous sedation	944
permit;	945

(2) The minimum educational and clinical training standards	946
required of applicants, which shall include satisfactory	947
completion of an advanced cardiac life support course;	948

(3) The facility equipment and inspection requirements;

949

(4) Safety standards;

950

(5) Requirements for reporting adverse occurrences.

951

Sec. 4715.05.  The prosecuting attorney of a county, or the	952
village solicitor or city director of law of a municipal	953
corporation, wherein a violation of this chapter allegedly occurs,	954
shall, when so requested by the state dental board, take charge of	955
and conduct the prosecution.	956

In addition to any other remedy provided in this chapter, the	957
state dental board may request the attorney general, or the	958
prosecuting attorney of any county where a person is practicing	959
dentistry or dental hygiene without a license or, certificate, or	960
registration from the board as required by this chapter, to apply	961
to the court of common pleas of the county where the unauthorized	962
practice occurs for any injunction to restrain such practice. The	963
court shall grant injunctive relief upon a showing that the	964
respondent named in the petition is practicing dentistry or dental	965
hygiene without a valid license or, certificate, or registration,	966
or without an exemption from licensure granted pursuant to this	967
chapter from the required licensure, certification, or	968
registration.	969

Sec. 4715.231. (A) As used in this section, "direct	970
supervision" means a dentist licensed under this chapter is	971
present, for purposes of consultation and direction, at the	972
location where a dental hygienist performs the administration of	973
local anesthesia to a patient. "Direct supervision" does not mean	974
that the dentist must observe the administration of local	975
anesthesia to a patient.	976

(B) Under the direct supervision of a dentist, a dental	977
hygienist may administer intraoral block and infiltration local	978
anesthesia to a patient if the dental hygienist is in compliance	979
with division (D) of this section and has done both of the	980
following:	981

(1) Successfully completed a course in the administration of	982
local anesthesia approved by the board and offered by a dental or	983
dental hygiene program that is accredited by the commission on	984
dental accreditation of the American dental association;	985

(2) Within eighteen months of completion of the anesthesia	986
course, successfully passed a state or regional written	987
examination on local anesthesia approved by the board.	988

(C) To be approved by the board, a local anesthesia	989
administration course must contain not less than fifteen hours of	990
didactic instruction and not less than fourteen hours of clinical	991
experience and include instruction on each of the following	992
subjects:	993

(1) Theory of pain control;

994

(2) Selection of pain control modalities;

995

(3) Anatomy;

996

(4) Neurophysiology;

997

(5) Pharmacology of local anesthetics;

998

(6) Pharmacology of vasoconstrictors;

999

(7) Psychological aspects of pain control;

1000

(8) Systemic complications;

1001

(9) Techniques of maxillary and mandibular anesthesia taught	1002
by a dentist or other qualified instructor;	1003

(10) Infection control;

1004

(11) Local anesthesia medical emergencies.

1005

(D) A dental hygienist may administer local anesthesia only	1006
if the dental hygienist has obtained current certification to	1007
perform basic cardiac life-support procedures as required by	1008
section 4715.251 of the Revised Code.	1009

Sec. 4715.30.  (A) The holder of a certificate or, license,	1010
or registration issued under this chapter is subject to	1011
disciplinary action by the state dental board for any of the	1012
following reasons:	1013

(1) Employing or cooperating in fraud or material deception	1014
in applying for or obtaining a license or, certificate, or	1015
registration;	1016

(2) Obtaining or attempting to obtain money or anything of	1017
value by intentional misrepresentation or material deception in	1018
the course of practice;	1019

(3) Advertising services in a false or misleading manner or	1020
violating the board's rules governing time, place, and manner of	1021
advertising;	1022

(4) Conviction of a misdemeanor committed in the course of	1023
practice or of any felony;	1024

(5) Engaging in lewd or immoral conduct in connection with	1025
the provision of dental services;	1026

(6) Selling, prescribing, giving away, or administering drugs	1027
for other than legal and legitimate therapeutic purposes, or	1028
conviction of violating any law of this state or the federal	1029
government regulating the possession, distribution, or use of any	1030
drug;	1031

(7) Providing or allowing dental hygienists, expanded	1032
function dental auxiliaries, or other practitioners of auxiliary	1033
dental occupations working under the certificate or license	1034
holder's supervision, or a dentist holding a temporary limited	1035
continuing education license under division (C) of section 4715.16	1036
of the Revised Code working under the certificate or license	1037
holder's direct supervision, to provide dental care that departs	1038
from or fails to conform to accepted standards for the profession,	1039
whether or not injury to a patient results;	1040

(8) Inability to practice under accepted standards of the	1041
profession because of physical or mental disability, dependence on	1042
alcohol or other drugs, or excessive use of alcohol or other	1043
drugs;	1044

(9) Violation of any provision of this chapter or any rule	1045
adopted thereunder;	1046

(10) Failure to use universal blood and body fluid	1047
precautions established by rules adopted under section 4715.03 of	1048
the Revised Code;	1049

(11) WaivingExcept as provided in division (G) of this	1050
section:	1051

(a) Waiving the payment of all or any part of a deductible or	1052
copayment that a patient, pursuant to a health insurance or health	1053
care policy, contract, or plan that covers dental services, would	1054
otherwise be required to pay if the waiver is used as an	1055
enticement to a patient or group of patients to receive health	1056
care services from that provider.	1057

(12)(b) Advertising that the certificate or, license, or	1058
registration holder will waive the payment of all or any part of a	1059
deductible or copayment that a patient, pursuant to a health	1060
insurance or health care policy, contract, or plan that covers	1061
dental services, would otherwise be required to pay.	1062

(B) A manager, proprietor, operator, or conductor of a dental	1063
facility shall be subject to disciplinary action if any dentist,	1064
dental hygienist, expanded function dental auxiliary, or qualified	1065
personnel providing services in the facility is found to have	1066
committed a violation listed in division (A) of this section and	1067
the manager, proprietor, operator, or conductor knew of the	1068
violation and permitted it to occur on a recurring basis.	1069

(C) Subject to Chapter 119. of the Revised Code, the board	1070
may take one or more of the following disciplinary actions if one	1071
or more of the grounds for discipline listed in divisions (A) and	1072
(B) of this section exist:	1073

(1) Censure the license or, certificate, or registration	1074
holder;	1075

(2) Place the license or, certificate, or registration on	1076
probationary status for such period of time the board determines	1077
necessary and require the holder to:	1078

(a) Report regularly to the board upon the matters which are	1079
the basis of probation;	1080

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

1081

(c) Continue or renew professional education until a	1082
satisfactory degree of knowledge or clinical competency has been	1083
attained in specified areas.	1084

(3) Suspend the certificate or, license, or registration;

1085

(4) Revoke the certificate or, license, or registration.

1086

Where the board places a holder of a license or, certificate,	1087
or registration on probationary status pursuant to division (C)(2)	1088
of this section, the board may subsequently suspend or revoke the	1089
license or, certificate, or registration if it determines that the	1090
holder has not met the requirements of the probation or continues	1091
to engage in activities that constitute grounds for discipline	1092
pursuant to division (A) or (B) of this section.	1093

Any order suspending a license or, certificate, or	1094
registration shall state the conditions under which the license	1095
or, certificate, or registration will be restored, which may	1096
include a conditional restoration during which time the holder is	1097
in a probationary status pursuant to division (C)(2) of this	1098
section. The board shall restore the license or, certificate, or	1099
registration unconditionally when such conditions are met.	1100

(D) If the physical or mental condition of a license or,	1101
certificate, or registration holder is at issue in a disciplinary	1102
proceeding, the board may order the license or, certificate, or	1103
registration holder to submit to reasonable examinations by an	1104
individual designated or approved by the board and at the board's	1105
expense. The physical examination may be conducted by any	1106
individual authorized by the Revised Code to do so, including a	1107
physician assistant, a clinical nurse specialist, a certified	1108
nurse practitioner, or a certified nurse-midwife. Any written	1109
documentation of the physical examination shall be completed by	1110
the individual who conducted the examination.	1111

Failure to comply with an order for an examination shall be	1112
grounds for summary suspension of a license or, certificate, or	1113
registration under division (E) of this section.	1114

(E) If the board has reason to believe that the holder	1115
represents a clear and immediate danger to the public health and	1116
safety if the holder is allowed to continue to practice, or if the	1117
holder has failed to comply with an order under division (D) of	1118
this section, the board may apply to the court of common pleas of	1119
the county in which the holder resides for an order temporarily	1120
suspending the holder's license or, certificate, or registration,	1121
without a prior hearing being afforded by the board, until the	1122
board conducts an adjudication hearing pursuant to Chapter 119. of	1123
the Revised Code. If the court temporarily suspends a holder's	1124
license or, certificate, or registration, the board shall give	1125
written notice of the suspension personally or by certified mail	1126
to the license or, certificate, or registration holder. Such	1127
notice shall include specific facts and reasons for finding a	1128
clear and immediate danger to the public health and safety and	1129
shall inform the license or, certificate, or registration holder	1130
of the right to a hearing pursuant to Chapter 119. of the Revised	1131
Code.	1132

(F) Any holder of a certificate or, license, or registration	1133
issued under this chapter who has pleaded guilty to, has been	1134
convicted of, or has had a judicial finding of eligibility for	1135
intervention in lieu of conviction entered against the holder in	1136
this state for aggravated murder, murder, voluntary manslaughter,	1137
felonious assault, kidnapping, rape, sexual battery, gross sexual	1138
imposition, aggravated arson, aggravated robbery, or aggravated	1139
burglary, or who has pleaded guilty to, has been convicted of, or	1140
has had a judicial finding of eligibility for treatment or	1141
intervention in lieu of conviction entered against the holder in	1142
another jurisdiction for any substantially equivalent criminal	1143
offense, is automatically suspended from practice under this	1144
chapter in this state and any certificate or, license, or	1145
registration issued to the holder under this chapter is	1146
automatically suspended, as of the date of the guilty plea,	1147
conviction, or judicial finding, whether the proceedings are	1148
brought in this state or another jurisdiction. Continued practice	1149
by an individual after the suspension of the individual's	1150
certificate or, license, or registration under this division shall	1151
be considered practicing without a certificate or, license, or	1152
registration. The board shall notify the suspended individual of	1153
the suspension of the individual's certificate or, license, or	1154
registration under this division by certified mail or in person in	1155
accordance with section 119.07 of the Revised Code. If an	1156
individual whose certificate or, license, or registration is	1157
suspended under this division fails to make a timely request for	1158
an adjudicatory hearing, the board shall enter a final order	1159
revoking the individual's certificate or, license, or	1160
registration.	1161

(G) Notwithstanding divisions (A)(11) and (12) of this	1162
section, sanctionsSanctions shall not be imposed under division	1163
(A)(11) of this section against any licenseelicense, certificate,	1164
or registration holder who waives deductibles and copayments as	1165
follows:	1166

(1) In compliance with the health benefit plan that expressly	1167
allows such a practice. Waiver of the deductibles or copays	1168
copayments shall be made only with the full knowledge and consent	1169
of the plan purchaser, payer, and third-party administrator. Such	1170
Documentation of the consent shall be made available to the board	1171
upon request.	1172

(2) For professional services rendered to any other person	1173
licensed, certified, or registered pursuant to this chapter to the	1174
extent allowed by this chapter and the rules of the board.	1175

Sec. 4715.301.  The state dental board shall adopt rules in	1176
accordance with Chapter 119. of the Revised Code establishing	1177
standards for approving and designating physicians and facilities	1178
as treatment providers for dentists or dental hygienistslicense,	1179
certificate, or registration holders under this chapter with	1180
substance abuse problems and shall approve and designate treatment	1181
providers in accordance with the rules. The rules shall include	1182
standards for both inpatient and outpatient treatment. The rules	1183
shall provide that to be approved, a treatment provider must be	1184
capable of making an initial examination to determine the type of	1185
treatment required for a dentist or dental hygienistlicense,	1186
certificate, or registration holder with substance abuse problems.	1187
Subject to the rules, the board shall review and approve treatment	1188
providers on a regular basis and may, at its discretion, withdraw	1189
or deny approval.	1190

An approved treatment provider shall:

1191

(A) Report to the board the name of any dentist or dental	1192
hygienistlicense, certificate, or registration holder suffering	1193
or showing evidence of suffering inability to practice under	1194
accepted standards as described in division (A)(8) of section	1195
4715.30 of the Revised Code who fails to comply within one week	1196
with a referral for examination;	1197

(B) Report to the board the name of any impaired dentist or	1198
dental hygienistlicense, certificate, or registration holder who	1199
fails to enter treatment within forty-eight hours following the	1200
provider's determination that treatment is needed;	1201

(C) Require every dentist or dental hygienistlicense,	1202
certificate, or registration holder who enters treatment to agree	1203
to a treatment contract establishing the terms of treatment and	1204
aftercare, including any required supervision or restrictions of	1205
practice during treatment or aftercare;	1206

(D) Require a dentist or dental hygienistlicense,	1207
certificate, or registration holder to suspend practice on	1208
entering any required inpatient treatment;	1209

(E) Report to the board any failure by an impaired dentist or	1210
dental hygienistlicense, certificate, or registration holder to	1211
comply with the terms of the treatment contract during inpatient	1212
or outpatient treatment or aftercare;	1213

(F) Report to the board the resumption of practice of any	1214
impaired dentist or dental hygienistlicense, certificate, or	1215
registration holder before the treatment provider has made a clear	1216
determination that the individualholder is capable of practicing	1217
according to accepted standards of the profession;	1218

(G) Require a dentist or dental hygienistlicense,	1219
certificate, or registration holder who resumes practice after	1220
completion of treatment to comply with an aftercare contract that	1221
meets the requirements of rules adopted by the board for approval	1222
of treatment providers;	1223

(H) Report to the board any dentist or dental hygienist	1224
license, certificate, or registration holder who suffers a relapse	1225
at any time during or following aftercare.	1226

Any dentist or dental hygienistlicense, certificate, or	1227
registration holder who enters into treatment by an approved	1228
treatment provider shall be deemed to have waived any	1229
confidentiality requirements that would otherwise prevent the	1230
treatment provider from making reports required under this	1231
section.	1232

In the absence of fraud or bad faith, no professional	1233
association of dentists or dental hygienists licensed under this	1234
chapterlicense, certificate, or registration holders that	1235
sponsors a committee or program to provide peer assistance to	1236
dentists or dental hygienistslicense, certificate, or	1237
registration holders with substance abuse problems, no	1238
representative or agent of such a committee or program, and no	1239
member of the state dental board shall be liable to any person for	1240
damages in a civil action by reason of actions taken to refer a	1241
dentist or dental hygienistlicense, certificate, or registration	1242
holder to a treatment provider designated by the board or actions	1243
or omissions of the provider in treating a dentist or dental	1244
hygienistlicense, certificate, or registration holder.	1245

In the absence of fraud or bad faith, no person who reports	1246
to the board a dentist or dental hygienistlicense, certificate,	1247
or registration holder with a suspected substance abuse problem	1248
shall be liable to any person for damages in a civil action as a	1249
result of making the report.	1250

Sec. 4715.39.  (A) The state dental board may define the	1251
duties that may be performed by dental assistants and other	1252
individuals designated by the board as qualified personnel. If	1253
defined, the duties shall be defined in rules adopted in	1254
accordance with Chapter 119. of the Revised Code. The rules may	1255
include training and practice standards for dental assistants and	1256
other qualified personnel. The standards may include examination	1257
and issuance of a certificate. If the board issues a certificate,	1258
the recipient shall display the certificate in a conspicuous	1259
location in any office in which the recipient is employed to	1260
perform the duties authorized by the certificate.	1261

(B) A dental assistant may polish the clinical crowns of	1262
teeth if all of the following requirements are met:	1263

(1) The dental assistant's polishing activities are limited	1264
to the use of a rubber cup attached to a slow-speed rotary dental	1265
hand piece to remove soft deposits that build up over time on the	1266
crowns of teeth.	1267

(2) The polishing is performed only after a dentist has	1268
evaluated the patient and any calculus detected on the teeth to be	1269
polished has been removed by a dentist or dental hygienist.	1270

(3) The dentist supervising the assistant supervises not more	1271
than two dental assistants engaging in polishing activities at any	1272
given time.	1273

(4) The dental assistant is certified by the dental assisting	1274
national board or the Ohio commission on dental assistant	1275
certification.	1276

(5) The dental assistant receives a certificate from the	1277
board authorizing the assistant to engage in the polishing	1278
activities. The board shall issue the certificate if the	1279
individual has successfully completed training in the polishing of	1280
clinical crowns through a program accredited by the commission on	1281
dental accreditation or equivalent training approved by the board.	1282
The training shall include courses in basic dental anatomy and	1283
infection control, followed by a course in coronal polishing that	1284
includes didactic, preclinical, and clinical training; any other	1285
training required by the board; and a skills assessment that	1286
includes successful completion of standardized testing. The board	1287
shall adopt rules pursuant to division (A) of this section	1288
establishing standards for approval of this training.	1289

(C) Subject to this section and the applicable rules of the	1290
board, licensed dentists may assign to dental assistants and other	1291
qualified personnel dental procedures that do not require the	1292
professional competence or skill of the licensed dentist or, a	1293
dental hygienist, or an expanded function dental auxiliary as this	1294
section or the board by rule authorizes dental assistants and	1295
other qualified personnel to perform. The performance of dental	1296
procedures by dental assistants and other qualified personnel	1297
shall be under direct supervision and full responsibility of the	1298
licensed dentist.	1299

(D) Nothing in this section shall be construed by rule of the	1300
state dental board or otherwise to do the following:	1301

(1) Authorize dental assistants or other qualified personnel	1302
to engage in the practice of dental hygiene as defined by sections	1303
4715.22 and 4715.23 of the Revised Code or to perform the duties	1304
of a dental hygienist, including the removal of calcarious	1305
deposits, dental cement, or accretions on the crowns and roots of	1306
teeth other than as authorized pursuant to this section;	1307

(2) Authorize dental assistants or other qualified personnel	1308
to engage in the practice of an expanded function dental auxiliary	1309
as specified in section 4715.62 of the Revised Code or to perform	1310
the duties of an expanded function dental auxiliary other than as	1311
authorized pursuant to this section.	1312

(3) Authorize the assignment of any of the following:

1313

(a) Diagnosis;

1314

(b) Treatment planning and prescription, including	1315
prescription for drugs and medicaments or authorization for	1316
restorative, prosthodontic, or orthodontic appliances;	1317

(c) Surgical procedures on hard or soft tissue of the oral	1318
cavity, or any other intraoral procedure that contributes to or	1319
results in an irremediable alteration of the oral anatomy;	1320

(d) The making of final impressions from which casts are made	1321
to construct any dental restoration.	1322

(E) No dentist shall assign any dental assistant or other	1323
individual acting in the capacity of qualified personnel to	1324
perform any dental procedure that the assistant or other	1325
individual is not authorized by this section or by board rule to	1326
perform. No dental assistant or other individual acting in the	1327
capacity of qualified personnel shall perform any dental procedure	1328
other than in accordance with this section and any applicable	1329
board rule or any dental procedure that the assistant or other	1330
individual is not authorized by this section or by board rule to	1331
perform.	1332

Sec. 4715.42.  (A)(1) As used in this section, "indigent and	1333
uninsured person" and "operation" have the same meanings as in	1334
section 2305.234 of the Revised Code.	1335

(2) For the purposes of this section, a person shall be	1336
considered retired from practice if the person's license or	1337
registration has been surrendered or allowed to expire with the	1338
intention of ceasing to practice as a dentist or, dental	1339
hygienist, or expanded function dental auxiliary for remuneration.	1340

(B) Within thirty days after receiving an application for a	1341
volunteer's certificate that includes all of the items listed in	1342
divisions (C)(1), (2), and (3) of this section, the state dental	1343
board shall issue, without examination, a volunteer's certificate	1344
to a person who is retired from practice so that the person may	1345
provide dental services to indigent and uninsured persons.	1346

(C) An application for a volunteer's certificate shall	1347
include all of the following:	1348

(1) A copy of the applicant's degree from dental college or,	1349
degree from dental hygiene school, or diploma or other certificate	1350
of graduation or completion from the accredited educational	1351
institution or training program that provided the education or	1352
training necessary to obtain registration under this chapter to	1353
practice as an expanded function dental auxiliary.	1354

(2) One of the following, as applicable:

1355

(a) A copy of the applicant's most recent license or	1356
registration to practice dentistry or dental hygieneas a dentist,	1357
dental hygienist, or expanded function dental auxiliary issued by	1358
a jurisdiction in the United States that licenses or registers	1359
persons to practice dentistry or, dental hygiene, or expanded	1360
function dental auxiliary.	1361

(b) A copy of the applicant's most recent license or	1362
registration equivalent to a license or registration to practice	1363
dentistry or, dental hygiene, or as an expanded function dental	1364
auxiliary in one or more branches of the United States armed	1365
services that the United States government issued.	1366

(3) Evidence of one of the following, as applicable:

1367

(a) The applicant has maintained for at least ten years prior	1368
to retirement full licensure or registration in good standing in	1369
any jurisdiction in the United States that licenses or registers	1370
persons to practice dentistry or, dental hygiene, or as an	1371
expanded function dental auxiliary.	1372

(b) The applicant has practiced as a dentist or, dental	1373
hygienist, or expanded function dental auxiliary in good standing	1374
for at least ten years prior to retirement in one or more branches	1375
of the United States armed services.	1376

(D) The holder of a volunteer's certificate may provide	1377
dental services only to indigent and uninsured persons. The holder	1378
shall not accept any form of remuneration for providing dental	1379
services while in possession of the certificate. Except in a	1380
dental emergency, the holder shall not perform any operation. The	1381
board may revoke a volunteer's certificate on receiving proof	1382
satisfactory to the board that the holder has engaged in practice	1383
in this state outside the scope of the holder's certificate or	1384
that there are grounds for action against the person under section	1385
4715.30 of the Revised Code.	1386

(E)(1) A volunteer's certificate shall be valid for a period	1387
of three years, and may be renewed upon the application of the	1388
holder, unless the certificate was previously revoked under	1389
division (D) of this section. The board shall maintain a register	1390
of all persons who hold volunteer's certificates. The board shall	1391
not charge a fee for issuing or renewing a certificate pursuant to	1392
this section.	1393

(2) To be eligible for renewal of a volunteer's certificate,	1394
the holder of the certificate shall certify to the board	1395
completion of sixtyone of the following:	1396

(a) Sixty hours of continuing dental education that meets the	1397
requirements of section 4715.141 of the Revised Code and the rules	1398
adopted under that section, or completion of eighteen;	1399

(b) Eighteen hours of continuing dental hygiene education	1400
that meets the requirements of section 4715.25 of the Revised Code	1401
and the rules adopted under that section, as the case may be;	1402

(c) The number of hours of continuing expanded function	1403
dental auxiliary education that meets the requirements specified	1404
in rules adopted under section 4715.62 of the Revised Code. The	1405
board may not renew a certificate if the holder has not complied	1406
with the appropriate continuing education requirements. Any entity	1407
for which the holder provides dental services may pay for or	1408
reimburse the holder for any costs incurred in obtaining the	1409
required continuing education credits.	1410

(3) The board shall issue to each person who qualifies under	1411
this section for a volunteer's certificate a wallet certificate	1412
and a wall certificate that state that the certificate holder is	1413
authorized to provide dental services pursuant to the laws of this	1414
state. The holder shall keep the wallet certificate on the	1415
holder's person while providing dental services and shall display	1416
the wall certificate prominently at the location where the holder	1417
primarily practices.	1418

(4) The holder of a volunteer's certificate issued pursuant	1419
to this section is subject to the immunity provisions in section	1420
2305.234 of the Revised Code.	1421

(F) The board shall adopt rules in accordance with Chapter	1422
119. of the Revised Code to administer and enforce this section.	1423

(G) Within ninety days after the effective date of this	1424
amendmentApril 7,, 2005, the state dental board shall make	1425
available through the board's website the application form for a	1426
volunteer's certificate under this section, a description of the	1427
application process, and a list of all items that are required by	1428
division (C) of this section to be submitted with the application.	1429

Sec. 4715.51.  As used in sections 4715.52 to 4715.584715.57	1430
of the Revised Code, "dental x-ray machine operator" means an	1431
individual who, under the direct supervision of a dentist,	1432
performs standard, diagnostic, radiologic procedures for the	1433
purpose of contributing to the provision of dental care to a	1434
dental patient. As used in this section, "standard, diagnostic,	1435
radiologic procedures" means those procedures involved in using	1436
dental equipment that emits ionizing radiation, as defined in	1437
section 4773.01 of the Revised Code.	1438

Sec. 4715.52.  (A) Except as provided in division (B) of this	1439
section, no person shall practice or hold himself out as a dental	1440
x-ray machine operator without a valid licensecertificate issued	1441
under section 4715.53 of the Revised Code.	1442

(B) Division (A) of this section does not apply to any of the	1443
following:	1444

(1) Dentists or dental hygienists licensed under this	1445
chapter;	1446

(2) As specified in 42 C.F.R. 75, radiologic personnel	1447
employed by the federal government or serving in a branch of the	1448
armed forces of the United States;	1449

(3) Students engaging in any of the activities performed by	1450
dental x-ray machine operators as an integral part of a program of	1451
study leading to receipt of a license issued under this chapter,	1452
Chapter 4734., or Chapter 4773. of the Revised Code; or a	1453
certificate issued under this chapter or Chapter 4731. of the	1454
Revised Code.	1455

Sec. 4715.53.  (A) Each individual seeking a license	1456
certificate to practice as a dental x-ray machine operator shall	1457
apply to the state dental board on a form the board shall	1458
prescribe and provide. The application shall be accompanied by the	1459
licensean application fee established in rules adopted under	1460
section 4715.58 of the Revised Codeof twenty-five dollars.	1461

(B) The board shall review all applications received and	1462
issue a dental x-ray machine operator licensecertificate to each	1463
applicant who meets the following requirementssubmits evidence	1464
satisfactory to the board of at least one of the following:	1465

(1) Is age eighteen or older.

1466

(2) Is of good moral character.

1467

(3) Except as provided in division (C) of this section,	1468
passes the examination administered under section 4715.54 of the	1469
Revised Code;	1470

(4) Complies with any other licensing standards established	1471
in rules adopted under section 4715.58 of the Revised Code.	1472

(C) An applicant is not required to take a licensing	1473
examination if any of the following apply:	1474

(1) HeThe applicant holds certification from the dental	1475
assisting national board or the Ohio commission on dental	1476
assistant certification.	1477

(2) He holds a conditional license issued under section	1478
4715.55 of the Revised Code and has completed the continuing	1479
education requirements established in rules adopted under section	1480
4715.58 of the Revised Code.	1481

(3) HeThe applicant holds a license, certificate, permit,	1482
registration, or other credential issued by another state that the	1483
board determines uses standards for dental x-ray machine operators	1484
that are at least equal to those established under this chapter.	1485

(3) The applicant has successfully completed an educational	1486
program consisting of at least seven hours of instruction in	1487
dental x-ray machine operation that meets either of the following	1488
requirements:	1489

(a) Has been approved by the board in accordance with section	1490
4715.57 of the Revised Code;	1491

(b) Is conducted by an institution accredited by the American	1492
dental association commission on dental accreditation.	1493

(D) A licensecertificate issued under this section expires	1494
two years after it is issued and may be renewed if the license	1495
certificate holder completes the continuing education requirements	1496
specified in rules adopted by the board under section 4715.58 of	1497
the Revised Code. Applications for license renewal shall be	1498
accompanied by the renewal fee established in rules adopted under	1499
section 4715.58 of the Revised Code. Renewalsdoes both of the	1500
following:	1501

(1) Certifies to the board that the certificate holder has	1502
completed at least two hours of instruction in dental x-ray	1503
machine operation approved by the board in accordance with section	1504
4715.57 of the Revised Code during the two-year period preceding	1505
the date the renewal application is received by the board.	1506

(2) Submits a renewal fee of twenty-five dollars to the	1507
board.	1508

Renewals shall be made in accordance with the standard	1509
renewal procedure established under Chapter 4745. of the Revised	1510
Code.	1511

(E) The board shall refuse to issue or renew and may suspend	1512
or revoke a dental x-ray machine operator license if the applicant	1513
or license holder does not comply with the applicable requirements	1514
of this chapter or rules adopted under it.	1515

Sec. 4715.57.  (A) Each person seeking accreditationapproval	1516
for an educational program or approval for a continuing education	1517
program in dental x-ray machine operation shall apply to the state	1518
dental board on a form the board shall prescribe and provide. The	1519
application shall be accompanied by the accreditation or approval	1520
a fee established in rules adopted under division (C) of this	1521
section 4715.58 of the Revised Code.	1522

(B) The board shall accreditapprove educational programs and	1523
approve continuing education programs that meet the standards	1524
established in rules adopted under division (C) of this section	1525
4715.58 of the Revised Code. The accreditation or approval shall	1526
be valid until surrendered by the program or suspended or revoked	1527
by the board. A program's accreditation or approval may be	1528
suspended or revoked if the program does not comply with	1529
applicable requirements of this chapter or rules adopted under it.	1530

(C) The board shall adopt rules in accordance with Chapter	1531
119. of the Revised Code that are no less stringent than any of	1532
the applicable standards specified in 42 C.F.R. 75 to do both of	1533
the following:	1534

(1) For purposes of division (A) of this section, establish a	1535
fee that must accompany each application for approval of an	1536
educational program.	1537

(2) For purposes of division (B) of this section, establish	1538
standards that an educational program must meet to be approved by	1539
the board.	1540

Sec. 4715.60.  (A) Except as provided in division (C) of this	1541
section, each individual seeking to practice as an expanded	1542
function dental auxiliary shall file with the secretary of the	1543
state dental board a written application for registration, under	1544
oath, on a form the board shall prescribe and provide. An	1545
applicant shall include with the completed application all of the	1546
following:	1547

(1) An application fee of twenty dollars;

1548

(2) Proof that the individual holds current certification to	1549
perform basic life-support procedures, evidenced by documentation	1550
showing the successful completion of a basic life-support training	1551
course certified by either the American red cross or the American	1552
heart association;	1553

(3) Evidence satisfactory to the board that the individual	1554
has successfully completed, at an educational institution	1555
accredited by the commission on dental accreditation of the	1556
American dental association or the higher learning commission of	1557
the north central association of colleges and schools, the	1558
education or training specified by the board in rules adopted	1559
under section 4715.63 of the Revised Code as the education or	1560
training that is necessary to obtain registration under this	1561
chapter to practice as an expanded function dental auxiliary, as	1562
evidenced by a diploma or other certificate of graduation or	1563
completion that has been signed by an appropriate official of the	1564
accredited institution that provided education or training.	1565

(4) Evidence satisfactory to the board that the individual	1566
has passed an examination approved by the board in rules adopted	1567
under section 4715.63 of the Revised Code;	1568

(5) Evidence satisfactory to the board that the individual is	1569
one of the following:	1570

(a) An unlicensed dentist who has graduated from an	1571
accredited dental college, as specified in section 4715.10 of the	1572
Revised Code, and does not have a dental license under suspension	1573
or revocation by the board;	1574

(b) A dental student who is enrolled in an accredited dental	1575
college, as specified in section 4715.10 of the Revised Code, and	1576
is considered by the dean of the college to be in good standing as	1577
a dental student;	1578

(c) A graduate of a dental college located outside of the	1579
United States;	1580

(d) A dental assistant who is certified by the dental	1581
assisting national board or the Ohio commission on dental	1582
assistant certification;	1583

(e) A dental hygienist licensed under this chapter whose	1584
license is in good standing;	1585

(f) An unlicensed dental hygienist who has graduated from an	1586
accredited dental hygiene school, as specified in section 4715.21	1587
of the Revised Code, and does not have a dental hygienist license	1588
under suspension or revocation by the board.	1589

(B) If an applicant complies with division (A) of this	1590
section, the board shall register the individual as an expanded	1591
function dental auxiliary.	1592

(C) The following individuals may engage in the practice of	1593
expanded function dental auxiliary without complying with division	1594
(A) of this section:	1595

(1) A dentist licensed under this chapter;

1596

(2) A dental student who engages in any activities performed	1597
by expanded function dental auxiliaries as an integral part of a	1598
program of study leading to the receipt of a license to practice	1599
as a dentist under this chapter;	1600

(3) An expanded function dental auxiliary student when the	1601
student participates in an educational or training activity of an	1602
accredited educational institution or a training program that does	1603
both of the following:	1604

(a) Provides the education or training necessary to practice	1605
as an expanded function dental auxiliary;	1606

(b) Ensures that a dentist licensed under this chapter, or a	1607
dentist who holds a limited teaching license issued under this	1608
chapter, is physically present in the facility where the expanded	1609
function dental auxiliary performs clinical dental procedures on	1610
patients.	1611

Sec. 4715.601.  (A) Registration under section 4715.60 of the	1612
Revised Code expires on the thirty-first day of December of the	1613
year following the year in which the registration occurs. An	1614
individual may renew a registration for subsequent two-year	1615
periods by submitting both of the following to the secretary of	1616
the state dental board each time the individual seeks to renew a	1617
registration:	1618

(1) A completed application for renewal, under oath, on a	1619
form the board shall prescribe and provide.	1620

(2) A renewal fee of twenty dollars.

1621

(B) If an individual complies with division (A) of this	1622
section and is not in violation of any section of this chapter or	1623
rule adopted under it, the board shall renew the individual's	1624
registration for a two-year period that expires on the	1625
thirty-first day of December of the year following the year in	1626
which the registration was renewed.	1627

(C) Registration renewals under this section shall be in	1628
accordance with the standard renewal procedure established under	1629
Chapter 4745. of the Revised Code.	1630

Sec. 4715.61. (A) The practice of an expanded function dental	1631
auxiliary shall consist of the following:	1632

(1) The procedures involved in the placement of restorative	1633
materials limited to amalgam restorative materials and	1634
non-metallic restorative materials, including direct-bonded	1635
restorative materials;	1636

(2) The procedures involved in the placement of sealants;

1637

(3) Any additional procedures authorized by the state dental	1638
board in rules adopted under section 4715.63 of the Revised Code.	1639

(B) An expanded function dental auxiliary shall practice	1640
under the direct supervision, order, control, and full	1641
responsibility of a dentist licensed under this chapter. At no	1642
time shall more than two expanded function dental auxiliaries be	1643
practicing as expanded function dental auxiliaries under the	1644
direct supervision of the same dentist. An expanded function	1645
dental auxiliary shall not practice as an expanded function dental	1646
auxiliary when the supervising dentist is not physically present	1647
at the location where the expanded function dental auxiliary is	1648
practicing.	1649

(C) Nothing in this section shall be construed by rule of the	1650
board or otherwise to authorize an expanded function dental	1651
auxiliary to engage in the practice of dental hygiene as defined	1652
by sections 4715.22 and 4715.23 of the Revised Code.	1653

Sec. 4715.62.  The secretary of the state dental board shall	1654
keep a record of all persons registered under this chapter as	1655
expanded function dental auxiliaries. For each expanded function	1656
dental auxiliary, the record shall identify the location where the	1657
person primarily practices and the person's one or more	1658
supervising dentists.	1659

Sec. 4715.63. (A) The state dental board shall adopt rules as	1660
the board considers necessary to implement and administer sections	1661
4715.60 to 4715.62 of the Revised Code. The rules shall be adopted	1662
in accordance with Chapter 119. of the Revised Code.	1663

(B) In adopting rules under this section, all of the	1664
following apply:	1665

(1) For purposes of section 4715.60 of the Revised Code, the	1666
board shall adopt rules specifying the education or training	1667
necessary and the examination that must be passed for an	1668
individual to register as an expanded function dental auxiliary	1669
under this chapter.	1670

(2) For purposes of section 4715.42 of the Revised Code, the	1671
board shall adopt rules specifying the number of hours of	1672
continuing expanded function dental auxiliary education an	1673
individual needs to renew a volunteer's certificate to practice as	1674
an expanded function dental auxiliary.	1675

(3) For purposes of section 4715.61 of the Revised Code, the	1676
board may adopt rules specifying additional procedures an expanded	1677
function dental auxiliary may perform.	1678

Sec. 4715.99.  (A) Whoever violates section 4715.17 of the	1679
Revised Code is guilty of a minor misdemeanor on a first offense	1680
and a misdemeanor of the fourth degree on each subsequent offense.	1681

(B) Whoever violates section 4715.18 of the Revised Code is	1682
guilty of a misdemeanor of the fourth degree.	1683

(C) Whoever violates section 4715.09, 4715.19, 4715.20,	1684
4715.29, 4715.32, 4715.39, or 4715.52, or 4715.60 of the Revised	1685
Code is guilty of a misdemeanor of the first degree on a first	1686
offense and a felony of the fifth degree on each subsequent	1687
offense.	1688

(D) Whoever violates any provision of sections 4715.01 to	1689
4715.39 of the Revised Codethis chapter for which no specific	1690
penalty has been prescribed is guilty of a misdemeanor of the	1691
fourth degree on a first offense and a misdemeanor of the second	1692
degree on each subsequent offense.	1693

Section 2.  That existing sections 2305.234, 2925.01,	1694
3709.161, 3721.21, 4715.02, 4715.03, 4715.05, 4715.30, 4715.301,	1695
4715.39, 4715.42, 4715.51, 4715.52, 4715.53, 4715.57, and 4715.99,	1696
and sections 4715.54, 4715.55, and 4715.58 of the Revised Code are	1697
hereby repealed.	1698