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To amend sections 1705.03, 1705.04, 1705.53, 1785.01, | 1 |
1785.02, 1785.03, 3701.881, 3902.22, 4723.16, | 2 |
4729.161, 4731.226, 4731.65, 4732.28, 4734.17, | 3 |
4755.01 to 4755.13, 4755.40 to 4755.43, 4755.45 to | 4 |
4755.48, 4755.50 to 4755.52, 4755.56, 4755.61 to | 5 |
4755.66, and 4755.99; to amend, for the purpose of | 6 |
adopting new section numbers as indicated in | 7 |
parentheses, sections 4755.01 (4755.04), 4755.02 | 8 |
(4755.05), 4755.03 (4755.01), 4755.04 (4755.02), | 9 |
4755.05 (4755.06), 4755.06 (4755.07), 4755.07 | 10 |
(4755.08), 4755.08 (4755.09), 4755.09 (4755.10), | 11 |
4755.10 (4755.11), 4755.11 (4755.12), 4755.12 | 12 |
(4755.13), and 4755.13 (4755.03); to enact new | 13 |
section 4755.44 and sections 4755.021, 4755.411, | 14 |
4755.412, 4755.421, 4755.431, 4755.441, 4755.451, | 15 |
4755.482, and 4755.511; and to repeal section | 16 |
4755.44 of the Revised Code to make changes to the | 17 |
occupational therapy, physical therapy, and | 18 |
athletic trainers licensing laws. | 19 |
Section 1. That sections 1705.03, 1705.04, 1705.53, 1785.01, | 20 |
1785.02, 1785.03, 3701.881, 3902.22, 4723.16, 4729.161, 4731.226, | 21 |
4731.65, 4732.28, 4734.17, 4755.01, 4755.02, 4755.03, 4755.04, | 22 |
4755.05, 4755.06, 4755.07, 4755.08, 4755.09, 4755.10, 4755.11, | 23 |
4755.12, 4755.13, 4755.40, 4755.41, 4755.42, 4755.43, 4755.45, | 24 |
4755.46, 4755.47, 4755.48, 4755.50, 4755.51, 4755.52, 4755.56, | 25 |
4755.61, 4755.62, 4755.63, 4755.64, 4755.65, 4755.66, and 4755.99 | 26 |
be amended, sections 4755.01 (4755.04), 4755.02 (4755.05), 4755.03 | 27 |
(4755.01), 4755.04 (4755.02), 4755.05 (4755.06), 4755.06 | 28 |
(4755.07), 4755.07 (4755.08), 4755.08 (4755.09), 4755.09 | 29 |
(4755.10), 4755.10 (4755.11), 4755.11 (4755.12), 4755.12 | 30 |
(4755.13), and 4755.13 (4755.03) be amended for the purpose of | 31 |
adopting new section numbers as indicated in parentheses, and new | 32 |
section 4755.44 and sections 4755.021, 4755.411, 4755.412, | 33 |
4755.421, 4755.431, 4755.441, 4755.451, 4755.482, and 4755.511 of | 34 |
the Revised Code be enacted to read as follows: | 35 |
Sec. 1705.03. (A) A limited liability company may sue and be | 36 |
sued. | 37 |
(B) Unless otherwise provided in its articles of | 38 |
organization, a limited liability company may take property of any | 39 |
description or any interest in property of any description by | 40 |
gift, devise, or bequest and may make donations for the public | 41 |
welfare or for charitable, scientific, or educational purposes. | 42 |
(C) In carrying out the purposes stated in its articles of | 43 |
organization or operating agreement and subject to limitations | 44 |
prescribed by law or in its articles of organization or its | 45 |
operating agreement, a limited liability company may do all of the | 46 |
following: | 47 |
(1) Purchase or otherwise acquire, lease as lessee or lessor, | 48 |
invest in, hold, use, encumber, sell, exchange, transfer, and | 49 |
dispose of property of any description or any interest in property | 50 |
of any description; | 51 |
(2) Make contracts; | 52 |
(3) Form or acquire the control of other domestic or foreign | 53 |
limited liability companies; | 54 |
(4) Be a shareholder, partner, member, associate, or | 55 |
participant in other profit or nonprofit enterprises or ventures; | 56 |
(5) Conduct its affairs in this state and elsewhere; | 57 |
(6) Render in this state and elsewhere a professional | 58 |
service, the kinds of professional services authorized under | 59 |
Chapters 4703. and 4733. of the Revised Code, or a combination of | 60 |
the professional services of optometrists authorized under Chapter | 61 |
4725. of the Revised Code, chiropractors authorized under Chapter | 62 |
4734. of the Revised Code, psychologists authorized under Chapter | 63 |
4732. of the Revised Code, registered or licensed practical nurses | 64 |
authorized under Chapter 4723. of the Revised Code, pharmacists | 65 |
authorized under Chapter 4729. of the Revised Code, physical | 66 |
therapists
authorized under sections 4755.40 to | 67 |
the Revised Code, occupational therapists authorized under | 68 |
sections 4755.04 to 4755.13 of the Revised Code, mechanotherapists | 69 |
authorized under section 4731.151 of the Revised Code, and doctors | 70 |
of medicine and surgery, osteopathic medicine and surgery, or | 71 |
podiatric medicine and surgery authorized under Chapter 4731. of | 72 |
the Revised Code; | 73 |
(7) Borrow money; | 74 |
(8) Issue, sell, and pledge its notes, bonds, and other | 75 |
evidences of indebtedness; | 76 |
(9) Secure any of its obligations by mortgage, pledge, or | 77 |
deed of trust of all or any of its property; | 78 |
(10) Guarantee or secure obligations of any person; | 79 |
(11) Do all things permitted by law and exercise all | 80 |
authority within or incidental to the purposes stated in its | 81 |
articles of organization. | 82 |
(D) In addition to the authority conferred by division (C) of | 83 |
this section and irrespective of the purposes stated in its | 84 |
articles of organization or operating agreement but subject to any | 85 |
limitations stated in those articles or its operating agreement, a | 86 |
limited liability company may invest funds not currently needed in | 87 |
its business in any securities if the investment does not cause | 88 |
the company to acquire control of another enterprise whose | 89 |
activities and operations are not incidental to the purposes | 90 |
stated in the articles of organization of the company. | 91 |
(E)(1) No lack of authority or limitation upon the authority | 92 |
of a limited liability company shall be asserted in any action | 93 |
except as follows: | 94 |
(a) By the state in an action by it against the company; | 95 |
(b) By or on behalf of the company in an action against a | 96 |
manager, an officer, or any member as a member; | 97 |
(c) By a member as a member in an action against the company, | 98 |
a manager, an officer, or any member as a member; | 99 |
(d) In an action involving an alleged improper issue of a | 100 |
membership interest in the company. | 101 |
(2) Division (E)(1) of this section applies to any action | 102 |
commenced in this state upon any contract made in this state by a | 103 |
foreign limited liability company. | 104 |
Sec. 1705.04. (A) One or more persons, without regard to | 105 |
residence, domicile, or state of organization, may form a limited | 106 |
liability company. The articles of organization shall be signed | 107 |
and filed with the secretary of state and shall set forth all of | 108 |
the following: | 109 |
(1) The name of the company; | 110 |
(2) Except as provided in division (B) of this section, the | 111 |
period of its duration, which may be perpetual; | 112 |
(3) Any other provisions that are from the operating | 113 |
agreement or that are not inconsistent with applicable law and | 114 |
that the members elect to set out in the articles for the | 115 |
regulation of the affairs of the company. | 116 |
The legal existence of the company begins upon the filing of | 117 |
the articles of organization or on a later date specified in the | 118 |
articles of organization that is not more than ninety days after | 119 |
the filing. | 120 |
(B) If the articles of organization or operating agreement do | 121 |
not set forth the period of the duration of the limited liability | 122 |
company, its duration shall be perpetual. | 123 |
(C) If a limited liability company is formed under this | 124 |
chapter for the purpose of rendering a professional service, the | 125 |
kinds of professional services authorized under Chapters 4703. and | 126 |
4733. of the Revised Code, or a combination of the professional | 127 |
services of optometrists authorized under Chapter 4725. of the | 128 |
Revised Code, chiropractors authorized under Chapter 4734. of the | 129 |
Revised Code, psychologists authorized under Chapter 4732. of the | 130 |
Revised Code, registered or licensed practical nurses authorized | 131 |
under Chapter 4723. of the Revised Code, pharmacists authorized | 132 |
under Chapter 4729. of the Revised Code, physical therapists | 133 |
authorized
under sections 4755.40 to | 134 |
Revised Code, occupational therapists authorized under sections | 135 |
4755.04 to 4755.13 of the Revised Code, mechanotherapists | 136 |
authorized under section 4731.151 of the Revised Code, and doctors | 137 |
of medicine and surgery, osteopathic medicine and surgery, or | 138 |
podiatric medicine and surgery authorized under Chapter 4731. of | 139 |
the Revised Code, the following apply: | 140 |
(1) Each member, employee, or other agent of the company who | 141 |
renders a professional service in this state and, if the | 142 |
management of the company is not reserved to its members, each | 143 |
manager of the company who renders a professional service in this | 144 |
state shall be licensed, certificated, or otherwise legally | 145 |
authorized to render in this state the same kind of professional | 146 |
service; if applicable, the kinds of professional services | 147 |
authorized under Chapters 4703. and 4733. of the Revised Code; or, | 148 |
if applicable, any of the kinds of professional services of | 149 |
optometrists authorized under Chapter 4725. of the Revised Code, | 150 |
chiropractors authorized under Chapter 4734. of the Revised Code, | 151 |
psychologists authorized under Chapter 4732. of the Revised Code, | 152 |
registered or licensed practical nurses authorized under Chapter | 153 |
4723. of the Revised Code, pharmacists authorized under Chapter | 154 |
4729. of the Revised Code, physical therapists authorized under | 155 |
sections 4755.40 to 4755.53 of the Revised Code, occupational | 156 |
therapists authorized under sections 4755.04 to 4755.13 of the | 157 |
Revised Code, mechanotherapists authorized under section 4731.151 | 158 |
of the Revised Code, or doctors of medicine and surgery, | 159 |
osteopathic medicine and surgery, or podiatric medicine and | 160 |
surgery authorized under Chapter 4731. of the Revised Code. | 161 |
(2) Each member, employee, or other agent of the company who | 162 |
renders a professional service in another state and, if the | 163 |
management of the company is not reserved to its members, each | 164 |
manager of the company who renders a professional service in | 165 |
another state shall be licensed, certificated, or otherwise | 166 |
legally authorized to render that professional service in the | 167 |
other state. | 168 |
(D) Except for the provisions of this chapter pertaining to | 169 |
the personal liability of members, employees, or other agents of a | 170 |
limited liability company and, if the management of the company is | 171 |
not reserved to its members, the personal liability of managers of | 172 |
the company, this chapter does not restrict, limit, or otherwise | 173 |
affect the authority or responsibilities of any agency, board, | 174 |
commission, department, office, or other entity to license, | 175 |
certificate, register, and otherwise regulate the professional | 176 |
conduct of individuals or organizations of any kind rendering | 177 |
professional services in this state or to regulate the practice of | 178 |
any profession that is within the jurisdiction of the agency, | 179 |
board, commission, department, office, or other entity, | 180 |
notwithstanding that the individual is a member or manager of a | 181 |
limited liability company and is rendering the professional | 182 |
services or engaging in the practice of the profession through the | 183 |
limited liability company or that the organization is a limited | 184 |
liability company. | 185 |
(E) No limited liability company formed for the purpose of | 186 |
providing a combination of the professional services, as defined | 187 |
in section 1785.01 of the Revised Code, of optometrists authorized | 188 |
under Chapter 4725. of the Revised Code, chiropractors authorized | 189 |
under Chapter 4734. of the Revised Code, psychologists authorized | 190 |
under Chapter 4732. of the Revised Code, registered or licensed | 191 |
practical nurses authorized under Chapter 4723. of the Revised | 192 |
Code, pharmacists authorized under Chapter 4729. of the Revised | 193 |
Code, physical therapists authorized under sections 4755.40 to | 194 |
195 | |
authorized under sections 4755.04 to 4755.13 of the Revised Code, | 196 |
mechanotherapists authorized under section 4731.151 of the Revised | 197 |
Code, and doctors of medicine and surgery, osteopathic medicine | 198 |
and surgery, or podiatric medicine and surgery authorized under | 199 |
Chapter 4731. of the Revised Code shall control the professional | 200 |
clinical judgment exercised within accepted and prevailing | 201 |
standards of practice of a licensed, certificated, or otherwise | 202 |
legally authorized optometrist, chiropractor, psychologist, nurse, | 203 |
pharmacist, physical therapist, occupational therapist, | 204 |
mechanotherapist, or doctor of medicine and surgery, osteopathic | 205 |
medicine and surgery, or podiatric medicine and surgery in | 206 |
rendering care, treatment, or professional advice to an individual | 207 |
patient. | 208 |
This division does not prevent a hospital, as defined in | 209 |
section 3727.01 of the Revised Code, insurer, as defined in | 210 |
section 3999.36 of the Revised Code, or intermediary organization, | 211 |
as defined in section 1751.01 of the Revised Code, from entering | 212 |
into a contract with a limited liability company described in this | 213 |
division that includes a provision requiring utilization review, | 214 |
quality assurance, peer review, or other performance or quality | 215 |
standards. Those activities shall not be construed as controlling | 216 |
the professional clinical judgment of an individual practitioner | 217 |
listed in this division. | 218 |
Sec. 1705.53. Subject to any contrary provisions of the Ohio | 219 |
Constitution, the laws of the state under which a foreign limited | 220 |
liability company is organized govern its organization and | 221 |
internal affairs and the liability of its members. A foreign | 222 |
limited liability company may not be denied a certificate of | 223 |
registration as a foreign limited liability company in this state | 224 |
because of any difference between the laws of the state under | 225 |
which it is organized and the laws of this state. However, a | 226 |
foreign limited liability company that applies for registration | 227 |
under this chapter to render a professional service in this state, | 228 |
as a condition to obtaining and maintaining a certificate of | 229 |
registration, shall comply with the requirements of division (C) | 230 |
of section 1705.04 of the Revised Code and shall comply with the | 231 |
requirements of Chapters 4703. and 4733. of the Revised Code if | 232 |
the kinds of professional services authorized under those chapters | 233 |
are to be rendered or with the requirements of Chapters 4723., | 234 |
4725., 4729., 4731., 4732., 4734., and 4755. of the Revised Code | 235 |
if a combination of the professional services of optometrists | 236 |
authorized under Chapter 4725. of the Revised Code, chiropractors | 237 |
authorized under Chapter 4734. of the Revised Code, psychologists | 238 |
authorized under Chapter 4732. of the Revised Code, registered or | 239 |
licensed practical nurses authorized under Chapter 4723. of the | 240 |
Revised Code, pharmacists authorized under Chapter 4729. of the | 241 |
Revised Code, physical therapists authorized under sections | 242 |
4755.40 to | 243 |
therapists authorized under sections 4755.04 to 4755.13 of the | 244 |
Revised Code, mechanotherapists authorized under section 4731.151 | 245 |
of the Revised Code, and doctors of medicine and surgery, | 246 |
osteopathic medicine and surgery, or podiatric medicine and | 247 |
surgery authorized under Chapter 4731. of the Revised Code are to | 248 |
be rendered. | 249 |
Sec. 1785.01. As used in this chapter: | 250 |
(A) "Professional service" means any type of professional | 251 |
service that may be performed only pursuant to a license, | 252 |
certificate, or other legal authorization issued pursuant to | 253 |
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730., | 254 |
4731.,
4732., 4733., 4734., or 4741., sections | 255 |
256 | |
certified public accountants, licensed public accountants, | 257 |
architects, attorneys, dentists, nurses, optometrists, | 258 |
pharmacists, physician assistants, doctors of medicine and | 259 |
surgery, doctors of osteopathic medicine and surgery, doctors of | 260 |
podiatric medicine and surgery, practitioners of the limited | 261 |
branches of medicine specified in section 4731.15 of the Revised | 262 |
Code, mechanotherapists, psychologists, professional engineers, | 263 |
chiropractors, veterinarians, occupational therapists,
| 264 |
physical therapists, and occupational therapists. | 265 |
(B) "Professional association" means an association organized | 266 |
under this chapter for the sole purpose of rendering one of the | 267 |
professional services authorized under Chapter 4701., 4703., | 268 |
4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733., | 269 |
4734., or 4741., sections | 270 |
4755.40 to 4755.56 of the Revised Code, a combination of the | 271 |
professional services authorized under Chapters 4703. and 4733. of | 272 |
the Revised Code, or a combination of the professional services of | 273 |
optometrists authorized under Chapter 4725. of the Revised Code, | 274 |
chiropractors authorized under Chapter 4734. of the Revised Code, | 275 |
psychologists authorized under Chapter 4732. of the Revised Code, | 276 |
registered or licensed practical nurses authorized under Chapter | 277 |
4723. of the Revised Code, pharmacists authorized under Chapter | 278 |
4729. of the Revised Code, physical therapists authorized under | 279 |
sections 4755.40 to
| 280 |
occupational therapists authorized under sections 4755.04 to | 281 |
4755.13 of the Revised Code, mechanotherapists authorized under | 282 |
section 4731.151 of the Revised Code, and doctors of medicine and | 283 |
surgery, osteopathic medicine and surgery, or podiatric medicine | 284 |
and surgery authorized under Chapter 4731. of the Revised Code. | 285 |
Sec. 1785.02. An individual or group of individuals each of | 286 |
whom is licensed, certificated, or otherwise legally authorized to | 287 |
render within this state the same kind of professional service, a | 288 |
group of individuals each of whom is licensed, certificated, or | 289 |
otherwise legally authorized to render within this state the | 290 |
professional service authorized under Chapter 4703. or 4733. of | 291 |
the Revised Code, or a group of individuals each of whom is | 292 |
licensed, certificated, or otherwise legally authorized to render | 293 |
within this state the professional service of optometrists | 294 |
authorized under Chapter 4725. of the Revised Code, chiropractors | 295 |
authorized under Chapter 4734. of the Revised Code, psychologists | 296 |
authorized under Chapter 4732. of the Revised Code, registered or | 297 |
licensed practical nurses authorized under Chapter 4723. of the | 298 |
Revised Code, pharmacists authorized under Chapter 4729. of the | 299 |
Revised Code, physical therapists authorized under sections | 300 |
4755.40 to | 301 |
therapists authorized under sections 4755.04 to 4755.13 of the | 302 |
Revised Code, mechanotherapists authorized under section 4731.151 | 303 |
of the Revised Code, or doctors of medicine and surgery, | 304 |
osteopathic medicine and surgery, or podiatric medicine and | 305 |
surgery authorized under Chapter 4731. of the Revised Code may | 306 |
organize and become a shareholder or shareholders of a | 307 |
professional association. Any group of individuals described in | 308 |
this section who may be rendering one of the professional services | 309 |
as an organization created otherwise than pursuant to this chapter | 310 |
may incorporate under and pursuant to this chapter by amending the | 311 |
agreement establishing the organization in a manner that the | 312 |
agreement as amended constitutes articles of incorporation | 313 |
prepared and filed in the manner prescribed in section 1785.08 of | 314 |
the Revised Code and by otherwise complying with the applicable | 315 |
requirements of this chapter. | 316 |
Sec. 1785.03. A professional association may render a | 317 |
particular professional service only through officers, employees, | 318 |
and agents who are themselves duly licensed, certificated, or | 319 |
otherwise legally authorized to render the professional service | 320 |
within this state. As used in this section, "employee" does not | 321 |
include clerks, bookkeepers, technicians, or other individuals who | 322 |
are not usually and ordinarily considered by custom and practice | 323 |
to be rendering a particular professional service for which a | 324 |
license, certificate, or other legal authorization is required and | 325 |
does not include any other person who performs all of that | 326 |
person's employment under the direct supervision and control of an | 327 |
officer, agent, or employee who renders a particular professional | 328 |
service to the public on behalf of the professional association. | 329 |
No professional association formed for the purpose of | 330 |
providing a combination of the professional services, as defined | 331 |
in section 1785.01 of the Revised Code, of optometrists authorized | 332 |
under Chapter 4725. of the Revised Code, chiropractors authorized | 333 |
under Chapter 4734. of the Revised Code, psychologists authorized | 334 |
under Chapter 4732. of the Revised Code, registered or licensed | 335 |
practical nurses authorized under Chapter 4723. of the Revised | 336 |
Code, pharmacists authorized under Chapter 4729. of the Revised | 337 |
Code, physical therapists authorized under sections 4755.40 to | 338 |
339 | |
authorized under sections 4755.04 to 4755.13 of the Revised Code, | 340 |
mechanotherapists authorized under section 4731.151 of the Revised | 341 |
Code, and doctors of medicine and surgery, osteopathic medicine | 342 |
and surgery, or podiatric medicine and surgery authorized under | 343 |
Chapter 4731. of the Revised Code shall control the professional | 344 |
clinical judgment exercised within accepted and prevailing | 345 |
standards of practice of a licensed, certificated, or otherwise | 346 |
legally authorized optometrist, chiropractor, psychologist, nurse, | 347 |
pharmacist, physical therapist, occupational therapist, | 348 |
mechanotherapist, or doctor of medicine and surgery, osteopathic | 349 |
medicine and surgery, or podiatric medicine and surgery in | 350 |
rendering care, treatment, or professional advice to an individual | 351 |
patient. | 352 |
This division does not prevent a hospital, as defined in | 353 |
section 3727.01 of the Revised Code, insurer, as defined in | 354 |
section 3999.36 of the Revised Code, or intermediary organization, | 355 |
as defined in section 1751.01 of the Revised Code, from entering | 356 |
into a contract with a professional association described in this | 357 |
division that includes a provision requiring utilization review, | 358 |
quality assurance, peer review, or other performance or quality | 359 |
standards. Those activities shall not be construed as controlling | 360 |
the professional clinical judgment of an individual practitioner | 361 |
listed in this division. | 362 |
Sec. 3701.881. (A) As used in this section: | 363 |
(1) "Applicant" means both of the following: | 364 |
(a) A person who is under final consideration for appointment | 365 |
to or employment with a home health agency in a position as a | 366 |
person responsible for the care, custody, or control of a child; | 367 |
(b) A person who is under final consideration for employment | 368 |
with a home health agency in a full-time, part-time, or temporary | 369 |
position that involves providing direct care to an older adult. | 370 |
With regard to persons providing direct care to older adults, | 371 |
"applicant" does not include a person who provides direct care as | 372 |
a volunteer without receiving or expecting to receive any form of | 373 |
remuneration other than reimbursement for actual expenses. | 374 |
(2) "Criminal records check" and "older adult" have the same | 375 |
meanings as in section 109.572 of the Revised Code. | 376 |
(3) "Home health agency" means a person or government entity, | 377 |
other than a nursing home, residential care facility, or hospice | 378 |
care program, that has the primary function of providing any of | 379 |
the following services to a patient at a place of residence used | 380 |
as the patient's home: | 381 |
(a) Skilled nursing care; | 382 |
(b) Physical therapy; | 383 |
(c) Speech-language pathology; | 384 |
(d) Occupational therapy; | 385 |
(e) Medical social services; | 386 |
(f) Home health aide services. | 387 |
(4) "Home health aide services" means any of the following | 388 |
services provided by an individual employed with or contracted for | 389 |
by a home health agency: | 390 |
(a) Hands-on bathing or assistance with a tub bath or shower; | 391 |
(b) Assistance with dressing, ambulation, and toileting; | 392 |
(c) Catheter care but not insertion; | 393 |
(d) Meal preparation and feeding. | 394 |
(5) "Hospice care program" has the same meaning as in section | 395 |
3712.01 of the Revised Code. | 396 |
(6) "Medical social services" means services provided by a | 397 |
social worker under the direction of a patient's attending | 398 |
physician. | 399 |
(7) "Minor drug possession offense" has the same meaning as | 400 |
in section 2925.01 of the Revised Code. | 401 |
(8) "Nursing home," "residential care facility," and "skilled | 402 |
nursing care" have the same meanings as in section 3721.01 of the | 403 |
Revised Code. | 404 |
(9) "Occupational therapy" has the same meaning as in section | 405 |
406 |
(10) "Physical therapy" has the same meaning as in section | 407 |
4755.40 of the Revised Code. | 408 |
(11) "Social worker" means a person licensed under Chapter | 409 |
4757. of the Revised Code to practice as a social worker or | 410 |
independent social worker. | 411 |
(12) "Speech-language pathology" has the same meaning as in | 412 |
section 4753.01 of the Revised Code. | 413 |
(B)(1) Except as provided in division (I) of this section, | 414 |
the chief administrator of a home health agency shall request the | 415 |
superintendent of the bureau of criminal identification and | 416 |
investigation to conduct a criminal records check with respect to | 417 |
each applicant. If the position may involve both responsibility | 418 |
for the care, custody, or control of a child and provision of | 419 |
direct care to an older adult, the chief administrator shall | 420 |
request that the superintendent conduct a single criminal records | 421 |
check for the applicant. If an applicant for whom a criminal | 422 |
records check request is required under this division does not | 423 |
present proof of having been a resident of this state for the | 424 |
five-year period immediately prior to the date upon which the | 425 |
criminal records check is requested or does not provide evidence | 426 |
that within that five-year period the superintendent has requested | 427 |
information about the applicant from the federal bureau of | 428 |
investigation in a criminal records check, the chief administrator | 429 |
shall request that the superintendent obtain information from the | 430 |
federal bureau of investigation as a part of the criminal records | 431 |
check for the applicant. Even if an applicant for whom a criminal | 432 |
records check request is required under this division presents | 433 |
proof that the applicant has been a resident of this state for | 434 |
that five-year period, the chief administrator may request that | 435 |
the superintendent include information from the federal bureau of | 436 |
investigation in the criminal records check. | 437 |
(2) Any person required by division (B)(1) of this section to | 438 |
request a criminal records check shall provide to each applicant | 439 |
for whom a criminal records check request is required under that | 440 |
division a copy of the form prescribed pursuant to division (C)(1) | 441 |
of section 109.572 of the Revised Code and a standard impression | 442 |
sheet prescribed pursuant to division (C)(2) of section 109.572 of | 443 |
the Revised Code, obtain the completed form and impression sheet | 444 |
from each applicant, and forward the completed form and impression | 445 |
sheet to the superintendent of the bureau of criminal | 446 |
identification and investigation at the time the chief | 447 |
administrator requests a criminal records check pursuant to | 448 |
division (B)(1) of this section. | 449 |
(3) An applicant who receives pursuant to division (B)(2) of | 450 |
this section a copy of the form prescribed pursuant to division | 451 |
(C)(1) of section 109.572 of the Revised Code and a copy of an | 452 |
impression sheet prescribed pursuant to division (C)(2) of that | 453 |
section and who is requested to complete the form and provide a | 454 |
set of fingerprint impressions shall complete the form or provide | 455 |
all the information necessary to complete the form and shall | 456 |
provide the impression sheets with the impressions of the | 457 |
applicant's fingerprints. If an applicant, upon request, fails to | 458 |
provide the information necessary to complete the form or fails to | 459 |
provide fingerprint impressions, the home health agency shall not | 460 |
employ that applicant for any position for which a criminal | 461 |
records check is required by division (B)(1) of this section. | 462 |
(C)(1) Except as provided in rules adopted by the department | 463 |
of health in accordance with division (F) of this section and | 464 |
subject to division (C)(3) of this section, no home health agency | 465 |
shall employ a person as a person responsible for the care, | 466 |
custody, or control of a child if the person previously has been | 467 |
convicted of or pleaded guilty to any of the following: | 468 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 469 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 470 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 471 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 472 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 473 |
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 474 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 475 |
2925.06, or 3716.11 of the Revised Code, a violation of section | 476 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, a | 477 |
violation of section 2919.23 of the Revised Code that would have | 478 |
been a violation of section 2905.04 of the Revised Code as it | 479 |
existed prior to July 1, 1996, had the violation been committed | 480 |
prior to that date, a violation of section 2925.11 of the Revised | 481 |
Code that is not a minor drug possession offense, or felonious | 482 |
sexual penetration in violation of former section 2907.12 of the | 483 |
Revised Code; | 484 |
(b) A violation of an existing or former law of this state, | 485 |
any other state, or the United States that is substantially | 486 |
equivalent to any of the offenses listed in division (C)(1)(a) of | 487 |
this section. | 488 |
(2) Except as provided in rules adopted by the department of | 489 |
health in accordance with division (F) of this section and subject | 490 |
to division (C)(3) of this section, no home health agency shall | 491 |
employ a person in a position that involves providing direct care | 492 |
to an older adult if the person previously has been convicted of | 493 |
or pleaded guilty to any of the following: | 494 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 495 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 496 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 497 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 498 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 499 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 500 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 501 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 502 |
2925.22, 2925.23, or 3716.11 of the Revised Code. | 503 |
(b) A violation of an existing or former law of this state, | 504 |
any other state, or the United States that is substantially | 505 |
equivalent to any of the offenses listed in division (C)(2)(a) of | 506 |
this section. | 507 |
(3)(a) A home health agency may employ conditionally an | 508 |
applicant for whom a criminal records check request is required | 509 |
under division (B) of this section as a person responsible for the | 510 |
care, custody, or control of a child until the criminal records | 511 |
check regarding the applicant required by this section is | 512 |
completed and the agency receives the results of the criminal | 513 |
records check. If the results of the criminal records check | 514 |
indicate that, pursuant to division (C)(1) of this section, the | 515 |
applicant does not qualify for employment, the agency shall | 516 |
release the applicant from employment unless the agency chooses to | 517 |
employ the applicant pursuant to division (F) of this section. | 518 |
(b)(i) A home health agency may employ conditionally an | 519 |
applicant for whom a criminal records check request is required | 520 |
under division (B) of this section in a position that involves | 521 |
providing direct care to an older adult or in a position that | 522 |
involves both responsibility for the care, custody, and control of | 523 |
a child and the provision of direct care to older adults prior to | 524 |
obtaining the results of a criminal records check regarding the | 525 |
individual, provided that the agency shall request a criminal | 526 |
records check regarding the individual in accordance with division | 527 |
(B)(1) of this section not later than five business days after the | 528 |
individual begins conditional employment. In the circumstances | 529 |
described in division (I)(2) of this section, a home health agency | 530 |
may employ conditionally in a position that involves providing | 531 |
direct care to an older adult an applicant who has been referred | 532 |
to the home health agency by an employment service that supplies | 533 |
full-time, part-time, or temporary staff for positions involving | 534 |
the direct care of older adults and for whom, pursuant to that | 535 |
division, a criminal records check is not required under division | 536 |
(B) of this section. In the circumstances described in division | 537 |
(I)(4) of this section, a home health agency may employ | 538 |
conditionally in a position that involves both responsibility for | 539 |
the care, custody, and control of a child and the provision of | 540 |
direct care to older adults an applicant who has been referred to | 541 |
the home health agency by an employment service that supplies | 542 |
full-time, part-time, or temporary staff for positions involving | 543 |
both responsibility for the care, custody, and control of a child | 544 |
and the provision of direct care to older adults and for whom, | 545 |
pursuant to that division, a criminal records check is not | 546 |
required under division (B) of this section. | 547 |
(ii) A home health agency that employs an individual | 548 |
conditionally under authority of division (C)(3)(b)(i) of this | 549 |
section shall terminate the individual's employment if the results | 550 |
of the criminal records check requested under division (B)(1) of | 551 |
this section or described in division (I)(2) or (4) of this | 552 |
section, other than the results of any request for information | 553 |
from the federal bureau of investigation, are not obtained within | 554 |
the period ending thirty days after the date the request is made. | 555 |
Regardless of when the results of the criminal records check are | 556 |
obtained, if the individual was employed conditionally in a | 557 |
position that involves the provision of direct care to older | 558 |
adults and the results indicate that the individual has been | 559 |
convicted of or pleaded guilty to any of the offenses listed or | 560 |
described in division (C)(2) of this section, or if the individual | 561 |
was employed conditionally in a position that involves both | 562 |
responsibility for the care, custody, and control of a child and | 563 |
the provision of direct care to older adults and the results | 564 |
indicate that the individual has been convicted of or pleaded | 565 |
guilty to any of the offenses listed or described in division | 566 |
(C)(1) or (2) of this section, the agency shall terminate the | 567 |
individual's employment unless the agency chooses to employ the | 568 |
individual pursuant to division (F) of this section. Termination | 569 |
of employment under this division shall be considered just cause | 570 |
for discharge for purposes of division (D)(2) of section 4141.29 | 571 |
of the Revised Code if the individual makes any attempt to deceive | 572 |
the agency about the individual's criminal record. | 573 |
(D)(1) Each home health agency shall pay to the bureau of | 574 |
criminal identification and investigation the fee prescribed | 575 |
pursuant to division (C)(3) of section 109.572 of the Revised Code | 576 |
for each criminal records check conducted in accordance with that | 577 |
section upon the request pursuant to division (B)(1) of this | 578 |
section of the chief administrator of the home health agency. | 579 |
(2) A home health agency may charge an applicant a fee for | 580 |
the costs it incurs in obtaining a criminal records check under | 581 |
this section, unless the medical assistance program established | 582 |
under Chapter 5111. of the Revised Code reimburses the agency for | 583 |
the costs. A fee charged under division (D)(2) of this section | 584 |
shall not exceed the amount of fees the agency pays under division | 585 |
(D)(1) of this section. If a fee is charged under division (D)(2) | 586 |
of this section, the agency shall notify the applicant at the time | 587 |
of the applicant's initial application for employment of the | 588 |
amount of the fee and that, unless the fee is paid, the agency | 589 |
will not consider the applicant for employment. | 590 |
(E) The report of any criminal records check conducted by the | 591 |
bureau of criminal identification and investigation in accordance | 592 |
with section 109.572 of the Revised Code and pursuant to a request | 593 |
made under division (B)(1) of this section is not a public record | 594 |
for the purposes of section 149.43 of the Revised Code and shall | 595 |
not be made available to any person other than the following: | 596 |
(1) The individual who is the subject of the criminal records | 597 |
check or the individual's representative; | 598 |
(2) The home health agency requesting the criminal records | 599 |
check or its representative; | 600 |
(3) The administrator of any other facility, agency, or | 601 |
program that provides direct care to older adults that is owned or | 602 |
operated by the same entity that owns or operates the home health | 603 |
agency; | 604 |
(4) Any court, hearing officer, or other necessary individual | 605 |
involved in a case dealing with a denial of employment of the | 606 |
applicant or dealing with employment or unemployment benefits of | 607 |
the applicant; | 608 |
(5) Any person to whom the report is provided pursuant to, | 609 |
and in accordance with, division (I)(1), (2), (3), or (4) of this | 610 |
section. | 611 |
(F) The department of health shall adopt rules in accordance | 612 |
with Chapter 119. of the Revised Code to implement this section. | 613 |
The rules shall specify circumstances under which the home health | 614 |
agency may employ a person who has been convicted of or pleaded | 615 |
guilty to an offense listed or described in division (C)(1) of | 616 |
this section but who meets standards in regard to rehabilitation | 617 |
set by the department or employ a person who has been convicted of | 618 |
or pleaded guilty to an offense listed or described in division | 619 |
(C)(2) of this section but meets personal character standards set | 620 |
by the department. | 621 |
(G) Any person required by division (B)(1) of this section to | 622 |
request a criminal records check shall inform each person, at the | 623 |
time of initial application for employment that the person is | 624 |
required to provide a set of fingerprint impressions and that a | 625 |
criminal records check is required to be conducted and | 626 |
satisfactorily completed in accordance with section 109.572 of the | 627 |
Revised Code if the person comes under final consideration for | 628 |
appointment or employment as a precondition to employment for that | 629 |
position. | 630 |
(H) In a tort or other civil action for damages that is | 631 |
brought as the result of an injury, death, or loss to person or | 632 |
property caused by an individual who a home health agency employs | 633 |
in a position that involves providing direct care to older adults, | 634 |
all of the following shall apply: | 635 |
(1) If the agency employed the individual in good faith and | 636 |
reasonable reliance on the report of a criminal records check | 637 |
requested under this section, the agency shall not be found | 638 |
negligent solely because of its reliance on the report, even if | 639 |
the information in the report is determined later to have been | 640 |
incomplete or inaccurate; | 641 |
(2) If the agency employed the individual in good faith on a | 642 |
conditional basis pursuant to division (C)(3)(b) of this section, | 643 |
the agency shall not be found negligent solely because it employed | 644 |
the individual prior to receiving the report of a criminal records | 645 |
check requested under this section; | 646 |
(3) If the agency in good faith employed the individual | 647 |
according to the personal character standards established in rules | 648 |
adopted under division (F) of this section, the agency shall not | 649 |
be found negligent solely because the individual prior to being | 650 |
employed had been convicted of or pleaded guilty to an offense | 651 |
listed or described in division (C)(1) or (2) of this section. | 652 |
(I)(1) The chief administrator of a home health agency is not | 653 |
required to request that the superintendent of the bureau of | 654 |
criminal identification and investigation conduct a criminal | 655 |
records check of an applicant for a position that involves the | 656 |
provision of direct care to older adults if the applicant has been | 657 |
referred to the agency by an employment service that supplies | 658 |
full-time, part-time, or temporary staff for positions involving | 659 |
the direct care of older adults and both of the following apply: | 660 |
(a) The chief administrator receives from the employment | 661 |
service or the applicant a report of the results of a criminal | 662 |
records check regarding the applicant that has been conducted by | 663 |
the superintendent within the one-year period immediately | 664 |
preceding the applicant's referral; | 665 |
(b) The report of the criminal records check demonstrates | 666 |
that the person has not been convicted of or pleaded guilty to an | 667 |
offense listed or described in division (C)(2) of this section, or | 668 |
the report demonstrates that the person has been convicted of or | 669 |
pleaded guilty to one or more of those offenses, but the home | 670 |
health agency chooses to employ the individual pursuant to | 671 |
division (F) of this section. | 672 |
(2) The chief administrator of a home health agency is not | 673 |
required to request that the superintendent of the bureau of | 674 |
criminal identification and investigation conduct a criminal | 675 |
records check of an applicant for a position that involves | 676 |
providing direct care to older adults and may employ the applicant | 677 |
conditionally in a position of that nature as described in this | 678 |
division, if the applicant has been referred to the agency by an | 679 |
employment service that supplies full-time, part-time, or | 680 |
temporary staff for positions involving the direct care of older | 681 |
adults and if the chief administrator receives from the employment | 682 |
service or the applicant a letter from the employment service that | 683 |
is on the letterhead of the employment service, dated, and signed | 684 |
by a supervisor or another designated official of the employment | 685 |
service and that states that the employment service has requested | 686 |
the superintendent to conduct a criminal records check regarding | 687 |
the applicant, that the requested criminal records check will | 688 |
include a determination of whether the applicant has been | 689 |
convicted of or pleaded guilty to any offense listed or described | 690 |
in division (C)(2) of this section, that, as of the date set forth | 691 |
on the letter, the employment service had not received the results | 692 |
of the criminal records check, and that, when the employment | 693 |
service receives the results of the criminal records check, it | 694 |
promptly will send a copy of the results to the home health | 695 |
agency. If a home health agency employs an applicant conditionally | 696 |
in accordance with this division, the employment service, upon its | 697 |
receipt of the results of the criminal records check, promptly | 698 |
shall send a copy of the results to the home health agency, and | 699 |
division (C)(3)(b) of this section applies regarding the | 700 |
conditional employment. | 701 |
(3) The chief administrator of a home health agency is not | 702 |
required to request that the superintendent of the bureau of | 703 |
criminal identification and investigation conduct a criminal | 704 |
records check of an applicant for a position that involves both | 705 |
responsibility for the care, custody, and control of a child and | 706 |
the provision of direct care to older adults if the applicant has | 707 |
been referred to the agency by an employment service that supplies | 708 |
full-time, part-time, or temporary staff for positions involving | 709 |
both responsibility for the care, custody, and control of a child | 710 |
and the provision of direct care to older adults and both of the | 711 |
following apply: | 712 |
(a) The chief administrator receives from the employment | 713 |
service or applicant a report of a criminal records check of the | 714 |
type described in division (I)(1)(a) of this section; | 715 |
(b) The report of the criminal records check demonstrates | 716 |
that the person has not been convicted of or pleaded guilty to an | 717 |
offense listed or described in division (C)(1) or (2) of this | 718 |
section, or the report demonstrates that the person has been | 719 |
convicted of or pleaded guilty to one or more of those offenses, | 720 |
but the home health agency chooses to employ the individual | 721 |
pursuant to division (F) of this section. | 722 |
(4) The chief administrator of a home health agency is not | 723 |
required to request that the superintendent of the bureau of | 724 |
criminal identification and investigation conduct a criminal | 725 |
records check of an applicant for a position that involves both | 726 |
responsibility for the care, custody, and control of a child and | 727 |
the provision of direct care to older adults and may employ the | 728 |
applicant conditionally in a position of that nature as described | 729 |
in this division, if the applicant has been referred to the agency | 730 |
by an employment service that supplies full-time, part-time, or | 731 |
temporary staff for positions involving both responsibility for | 732 |
the care, custody, and control of a child and the direct care of | 733 |
older adults and if the chief administrator receives from the | 734 |
employment service or the applicant a letter from the employment | 735 |
service that is on the letterhead of the employment service, | 736 |
dated, and signed by a supervisor or another designated official | 737 |
of the employment service and that states that the employment | 738 |
service has requested the superintendent to conduct a criminal | 739 |
records check regarding the applicant, that the requested criminal | 740 |
records check will include a determination of whether the | 741 |
applicant has been convicted of or pleaded guilty to any offense | 742 |
listed or described in division (C)(1) or (2) of this section, | 743 |
that, as of the date set forth on the letter, the employment | 744 |
service had not received the results of the criminal records | 745 |
check, and that, when the employment service receives the results | 746 |
of the criminal records check, it promptly will send a copy of the | 747 |
results to the home health agency. If a home health agency employs | 748 |
an applicant conditionally in accordance with this division, the | 749 |
employment service, upon its receipt of the results of the | 750 |
criminal records check, promptly shall send a copy of the results | 751 |
to the home health agency, and division (C)(3)(b) of this section | 752 |
applies regarding the conditional employment. | 753 |
Sec. 3902.22. The superintendent of insurance shall develop | 754 |
a standard claim form to be used by all third-party payers and | 755 |
providers for reimbursement of health care services and supplies, | 756 |
taking into consideration the special needs of, and differences | 757 |
between, third-party payers. The standard claim form shall be | 758 |
prescribed in rules the superintendent shall adopt in accordance | 759 |
with Chapter 119. of the Revised Code. The superintendent may | 760 |
prescribe a separate claim form for each third-party payer. If a | 761 |
national standard claim form is established by the sickness and | 762 |
accident insurance industry, the superintendent shall amend the | 763 |
rules to comply with the national standards. The standard claim | 764 |
form shall
include a method to specify the | 765 |
national provider identifiers assigned to the physical therapists | 766 |
and other health care professionals rendering services designated | 767 |
as physical therapy, as required under section 4755.56 of the | 768 |
Revised Code. | 769 |
Sec. 4723.16. (A) An individual whom the board of nursing | 770 |
licenses, certificates, or otherwise legally authorizes to engage | 771 |
in the practice of nursing as a registered nurse or as a licensed | 772 |
practical nurse may render the professional services of a | 773 |
registered or licensed practical nurse within this state through a | 774 |
corporation formed under division (B) of section 1701.03 of the | 775 |
Revised Code, a limited liability company formed under Chapter | 776 |
1705. of the Revised Code, a partnership, or a professional | 777 |
association formed under Chapter 1785. of the Revised Code. This | 778 |
division does not preclude an individual of that nature from | 779 |
rendering professional services as a registered or licensed | 780 |
practical nurse through another form of business entity, | 781 |
including, but not limited to, a nonprofit corporation or | 782 |
foundation, or in another manner that is authorized by or in | 783 |
accordance with this chapter, another chapter of the Revised Code, | 784 |
or rules of the board of nursing adopted pursuant to this chapter. | 785 |
(B) A corporation, limited liability company, partnership, or | 786 |
professional association described in division (A) of this section | 787 |
may be formed for the purpose of providing a combination of the | 788 |
professional services of the following individuals who are | 789 |
licensed, certificated, or otherwise legally authorized to | 790 |
practice their respective professions: | 791 |
(1) Optometrists who are authorized to practice optometry | 792 |
under Chapter 4725. of the Revised Code; | 793 |
(2) Chiropractors who are authorized to practice chiropractic | 794 |
under Chapter 4734. of the Revised Code; | 795 |
(3) Psychologists who are authorized to practice psychology | 796 |
under Chapter 4732. of the Revised Code; | 797 |
(4) Registered or licensed practical nurses who are | 798 |
authorized to practice nursing as registered nurses or as licensed | 799 |
practical nurses under this chapter; | 800 |
(5) Pharmacists who are authorized to practice pharmacy under | 801 |
Chapter 4729. of the Revised Code; | 802 |
(6) Physical therapists who are authorized to practice | 803 |
physical therapy under sections 4755.40 to | 804 |
Revised Code; | 805 |
(7) Occupational therapists who are licensed to practice | 806 |
occupational therapy under sections 4755.04 to 4755.13 of the | 807 |
Revised Code; | 808 |
(8) Mechanotherapists who are authorized to practice | 809 |
mechanotherapy under section 4731.151 of the Revised Code; | 810 |
| 811 |
and surgery, or podiatric medicine and surgery who are licensed, | 812 |
certificated, or otherwise legally authorized for their respective | 813 |
practices under Chapter 4731. of the Revised Code. | 814 |
This division shall apply notwithstanding a provision of a | 815 |
code of ethics applicable to a nurse that prohibits a registered | 816 |
or licensed practical nurse from engaging in the practice of | 817 |
nursing as a registered nurse or as a licensed practical nurse in | 818 |
combination with a person who is licensed, certificated, or | 819 |
otherwise legally authorized to practice optometry, chiropractic, | 820 |
psychology, pharmacy, physical therapy, occupational therapy, | 821 |
mechanotherapy, medicine and surgery, osteopathic medicine and | 822 |
surgery, or podiatric medicine and surgery, but who is not also | 823 |
licensed, certificated, or otherwise legally authorized to engage | 824 |
in the practice of nursing as a registered nurse or as a licensed | 825 |
practical nurse. | 826 |
Sec. 4729.161. (A) An individual registered with the state | 827 |
board of pharmacy to engage in the practice of pharmacy may render | 828 |
the professional services of a pharmacist within this state | 829 |
through a corporation formed under division (B) of section 1701.03 | 830 |
of the Revised Code, a limited liability company formed under | 831 |
Chapter 1705. of the Revised Code, a partnership, or a | 832 |
professional association formed under Chapter 1785. of the Revised | 833 |
Code. This division does not preclude an individual of that nature | 834 |
from rendering professional services as a pharmacist through | 835 |
another form of business entity, including, but not limited to, a | 836 |
nonprofit corporation or foundation, or in another manner that is | 837 |
authorized by or in accordance with this chapter, another chapter | 838 |
of the Revised Code, or rules of the state board of pharmacy | 839 |
adopted pursuant to this chapter. | 840 |
(B) A corporation, limited liability company, partnership, or | 841 |
professional association described in division (A) of this section | 842 |
may be formed for the purpose of providing a combination of the | 843 |
professional services of the following individuals who are | 844 |
licensed, certificated, or otherwise legally authorized to | 845 |
practice their respective professions: | 846 |
(1) Optometrists who are authorized to practice optometry | 847 |
under Chapter 4725. of the Revised Code; | 848 |
(2) Chiropractors who are authorized to practice chiropractic | 849 |
under Chapter 4734. of the Revised Code; | 850 |
(3) Psychologists who are authorized to practice psychology | 851 |
under Chapter 4732. of the Revised Code; | 852 |
(4) Registered or licensed practical nurses who are | 853 |
authorized to practice nursing as registered nurses or as licensed | 854 |
practical nurses under Chapter 4723. of the Revised Code; | 855 |
(5) Pharmacists who are authorized to practice pharmacy under | 856 |
Chapter 4729. of the Revised Code; | 857 |
(6) Physical therapists who are authorized to practice | 858 |
physical therapy
under sections 4755.40 to | 859 |
Revised Code; | 860 |
(7) Occupational therapists who are authorized to practice | 861 |
occupational therapy under sections 4755.04 to 4755.13 of the | 862 |
Revised Code; | 863 |
(8) Mechanotherapists who are authorized to practice | 864 |
mechanotherapy under section 4731.151 of the Revised Code; | 865 |
| 866 |
and surgery, or podiatric medicine and surgery who are authorized | 867 |
for their respective practices under Chapter 4731. of the Revised | 868 |
Code. | 869 |
This division shall apply notwithstanding a provision of a | 870 |
code of ethics applicable to a pharmacist that prohibits a | 871 |
pharmacist from engaging in the practice of pharmacy in | 872 |
combination with a person who is licensed, certificated, or | 873 |
otherwise legally authorized to practice optometry, chiropractic, | 874 |
psychology, nursing, physical therapy, occupational therapy, | 875 |
mechanotherapy, medicine and surgery, osteopathic medicine and | 876 |
surgery, or podiatric medicine and surgery, but who is not also | 877 |
licensed, certificated, or otherwise legally authorized to engage | 878 |
in the practice of pharmacy. | 879 |
Sec. 4731.226. (A)(1) An individual whom the state medical | 880 |
board licenses, certificates, or otherwise legally authorizes to | 881 |
engage in the practice of medicine and surgery, osteopathic | 882 |
medicine and surgery, or podiatric medicine and surgery may render | 883 |
the professional services of a doctor of medicine and surgery, | 884 |
osteopathic medicine and surgery, or podiatric medicine and | 885 |
surgery within this state through a corporation formed under | 886 |
division (B) of section 1701.03 of the Revised Code, a limited | 887 |
liability company formed under Chapter 1705. of the Revised Code, | 888 |
a partnership, or a professional association formed under Chapter | 889 |
1785. of the Revised Code. Division (A)(1) of this section does | 890 |
not preclude an individual of that nature from rendering | 891 |
professional services as a doctor of medicine and surgery, | 892 |
osteopathic medicine and surgery, or podiatric medicine and | 893 |
surgery through another form of business entity, including, but | 894 |
not limited to, a nonprofit corporation or foundation, or in | 895 |
another manner that is authorized by or in accordance with this | 896 |
chapter, another chapter of the Revised Code, or rules of the | 897 |
state medical board adopted pursuant to this chapter. | 898 |
(2) An individual whom the state medical board authorizes to | 899 |
engage in the practice of mechanotherapy may render the | 900 |
professional services of a mechanotherapist within this state | 901 |
through a corporation formed under division (B) of section 1701.03 | 902 |
of the Revised Code, a limited liability company formed under | 903 |
Chapter 1705. of the Revised Code, a partnership, or a | 904 |
professional association formed under Chapter 1785. of the Revised | 905 |
Code. Division (A)(2) of this section does not preclude an | 906 |
individual of that nature from rendering professional services as | 907 |
a mechanotherapist through another form of business entity, | 908 |
including, but not limited to, a nonprofit corporation or | 909 |
foundation, or in another manner that is authorized by or in | 910 |
accordance with this chapter, another chapter of the Revised Code, | 911 |
or rules of the state medical board adopted pursuant to this | 912 |
chapter. | 913 |
(B) A corporation, limited liability company, partnership, or | 914 |
professional association described in division (A) of this section | 915 |
may be formed for the purpose of providing a combination of the | 916 |
professional services of the following individuals who are | 917 |
licensed, certificated, or otherwise legally authorized to | 918 |
practice their respective professions: | 919 |
(1) Optometrists who are authorized to practice optometry | 920 |
under Chapter 4725. of the Revised Code; | 921 |
(2) Chiropractors who are authorized to practice chiropractic | 922 |
under Chapter 4734. of the Revised Code; | 923 |
(3) Psychologists who are authorized to practice psychology | 924 |
under Chapter 4732. of the Revised Code; | 925 |
(4) Registered or licensed practical nurses who are | 926 |
authorized to practice nursing as registered nurses or as licensed | 927 |
practical nurses under Chapter 4723. of the Revised Code; | 928 |
(5) Pharmacists who are authorized to practice pharmacy under | 929 |
Chapter 4729. of the Revised Code; | 930 |
(6) Physical therapists who are authorized to practice | 931 |
physical therapy under sections 4755.40 to | 932 |
Revised Code; | 933 |
(7) Occupational therapists who are authorized to practice | 934 |
occupational therapy under sections 4755.04 to 4755.13 of the | 935 |
Revised Code; | 936 |
(8) Mechanotherapists who are authorized to practice | 937 |
mechanotherapy under section 4731.151 of the Revised Code; | 938 |
| 939 |
and surgery, or podiatric medicine and surgery who are authorized | 940 |
for their respective practices under this chapter. | 941 |
(C) Division (B) of this section shall apply notwithstanding | 942 |
a provision of a code of ethics described in division (B)(18) of | 943 |
section 4731.22 of the Revised Code that prohibits either of the | 944 |
following: | 945 |
(1) A doctor of medicine and surgery, osteopathic medicine | 946 |
and surgery, or podiatric medicine and surgery from engaging in | 947 |
the doctor's authorized practice in combination with a person who | 948 |
is licensed, certificated, or otherwise legally authorized to | 949 |
engage in the practice of optometry, chiropractic, psychology, | 950 |
nursing, pharmacy, physical therapy, occupational therapy, or | 951 |
mechanotherapy, but who is not also licensed, certificated, or | 952 |
otherwise legally authorized to practice medicine and surgery, | 953 |
osteopathic medicine and surgery, or podiatric medicine and | 954 |
surgery. | 955 |
(2) A mechanotherapist from engaging in the practice of | 956 |
mechanotherapy in combination with a person who is licensed, | 957 |
certificated, or otherwise legally authorized to engage in the | 958 |
practice of optometry, chiropractic, psychology, nursing, | 959 |
pharmacy, physical therapy, occupational therapy, medicine and | 960 |
surgery, osteopathic medicine and surgery, or podiatric medicine | 961 |
and surgery, but who is not also licensed, certificated, or | 962 |
otherwise legally authorized to engage in the practice of | 963 |
mechanotherapy. | 964 |
Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the | 965 |
Revised Code: | 966 |
(A)(1) "Clinical laboratory services" means either of the | 967 |
following: | 968 |
(a) Any examination of materials derived from the human body | 969 |
for the purpose of providing information for the diagnosis, | 970 |
prevention, or treatment of any disease or impairment or for the | 971 |
assessment of health; | 972 |
(b) Procedures to determine, measure, or otherwise describe | 973 |
the presence or absence of various substances or organisms in the | 974 |
body. | 975 |
(2) "Clinical laboratory services" does not include the mere | 976 |
collection or preparation of specimens. | 977 |
(B) "Designated health services" means any of the following: | 978 |
(1) Clinical laboratory services; | 979 |
(2) Home health care services; | 980 |
(3) Outpatient prescription drugs. | 981 |
(C) "Fair market value" means the value in arms-length | 982 |
transactions, consistent with general market value and: | 983 |
(1) With respect to rentals or leases, the value of rental | 984 |
property for general commercial purposes, not taking into account | 985 |
its intended use; | 986 |
(2) With respect to a lease of space, not adjusted to reflect | 987 |
the additional value the prospective lessee or lessor would | 988 |
attribute to the proximity or convenience to the lessor if the | 989 |
lessor is a potential source of referrals to the lessee. | 990 |
(D) "Governmental health care program" means any program | 991 |
providing health care benefits that is administered by the federal | 992 |
government, this state, or a political subdivision of this state, | 993 |
including the medicare program established under Title XVIII of | 994 |
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 995 |
as amended, health care coverage for public employees, health care | 996 |
benefits administered by the bureau of workers' compensation, the | 997 |
medical assistance program established under Chapter 5111. of the | 998 |
Revised Code, and the disability medical assistance program | 999 |
established under Chapter 5115. of the Revised Code. | 1000 |
(E)(1) "Group practice" means a group of two or more holders | 1001 |
of certificates under this chapter legally organized as a | 1002 |
partnership, professional corporation or association, limited | 1003 |
liability company, foundation, nonprofit corporation, faculty | 1004 |
practice plan, or similar group practice entity, including an | 1005 |
organization comprised of a nonprofit medical clinic that | 1006 |
contracts with a professional corporation or association of | 1007 |
physicians to provide medical services exclusively to patients of | 1008 |
the clinic in order to comply with section 1701.03 of the Revised | 1009 |
Code and including a corporation, limited liability company, | 1010 |
partnership, or professional association described in division (B) | 1011 |
of section 4731.226 of the Revised Code formed for the purpose of | 1012 |
providing a combination of the professional services of | 1013 |
optometrists who are licensed, certificated, or otherwise legally | 1014 |
authorized to practice optometry under Chapter 4725. of the | 1015 |
Revised Code, chiropractors who are licensed, certificated, or | 1016 |
otherwise legally authorized to practice chiropractic under | 1017 |
Chapter 4734. of the Revised Code, psychologists who are licensed, | 1018 |
certificated, or otherwise legally authorized to practice | 1019 |
psychology under Chapter 4732. of the Revised Code, registered or | 1020 |
licensed practical nurses who are licensed, certificated, or | 1021 |
otherwise legally authorized to practice nursing under Chapter | 1022 |
4723. of the Revised Code, pharmacists who are licensed, | 1023 |
certificated, or otherwise legally authorized to practice pharmacy | 1024 |
under Chapter 4729. of the Revised Code, physical therapists who | 1025 |
are licensed, certificated, or otherwise legally authorized to | 1026 |
practice physical therapy under sections 4755.40
to | 1027 |
4755.56 of the Revised Code, occupational therapists who are | 1028 |
licensed, certificated, or otherwise legally authorized to | 1029 |
practice occupational therapy under sections 4755.04 to 4755.13 of | 1030 |
the Revised Code, mechanotherapists who are licensed, | 1031 |
certificated, or otherwise legally authorized to practice | 1032 |
mechanotherapy under section 4731.151 of the Revised Code, and | 1033 |
doctors of medicine and surgery, osteopathic medicine and surgery, | 1034 |
or podiatric medicine and surgery who are licensed, certificated, | 1035 |
or otherwise legally authorized for their respective practices | 1036 |
under this chapter, to which all of the following apply: | 1037 |
(a) Each physician who is a member of the group practice | 1038 |
provides substantially the full range of services that the | 1039 |
physician routinely provides, including medical care, | 1040 |
consultation, diagnosis, or treatment, through the joint use of | 1041 |
shared office space, facilities, equipment, and personnel. | 1042 |
(b) Substantially all of the services of the members of the | 1043 |
group are provided through the group and are billed in the name of | 1044 |
the group and amounts so received are treated as receipts of the | 1045 |
group. | 1046 |
(c) The overhead expenses of and the income from the practice | 1047 |
are distributed in accordance with methods previously determined | 1048 |
by members of the group. | 1049 |
(d) The group practice meets any other requirements that the | 1050 |
state medical board applies in rules adopted under section 4731.70 | 1051 |
of the Revised Code. | 1052 |
(2) In the case of a faculty practice plan associated with a | 1053 |
hospital with a medical residency training program in which | 1054 |
physician members may provide a variety of specialty services and | 1055 |
provide professional services both within and outside the group, | 1056 |
as well as perform other tasks such as research, the criteria in | 1057 |
division (E)(1) of this section apply only with respect to | 1058 |
services rendered within the faculty practice plan. | 1059 |
(F) "Home health care services" and "immediate family" have | 1060 |
the same meanings as in the rules adopted under section 4731.70 of | 1061 |
the Revised Code. | 1062 |
(G) "Hospital" has the same meaning as in section 3727.01 of | 1063 |
the Revised Code. | 1064 |
(H) A "referral" includes both of the following: | 1065 |
(1) A request by a holder of a certificate under this chapter | 1066 |
for an item or service, including a request for a consultation | 1067 |
with another physician and any test or procedure ordered by or to | 1068 |
be performed by or under the supervision of the other physician; | 1069 |
(2) A request for or establishment of a plan of care by a | 1070 |
certificate holder that includes the provision of designated | 1071 |
health services. | 1072 |
(I) "Third-party payer" has the same meaning as in section | 1073 |
3901.38 of the Revised Code. | 1074 |
Sec. 4732.28. (A) An individual whom the state board of | 1075 |
psychology licenses, certificates, or otherwise legally authorizes | 1076 |
to engage in the practice of psychology may render the | 1077 |
professional services of a psychologist within this state through | 1078 |
a corporation formed under division (B) of section 1701.03 of the | 1079 |
Revised Code, a limited liability company formed under Chapter | 1080 |
1705. of the Revised Code, a partnership, or a professional | 1081 |
association formed under Chapter 1785. of the Revised Code. This | 1082 |
division does not preclude an individual of that nature from | 1083 |
rendering professional services as a psychologist through another | 1084 |
form of business entity, including, but not limited to, a | 1085 |
nonprofit corporation or foundation, or in another manner that is | 1086 |
authorized by or in accordance with this chapter, another chapter | 1087 |
of the Revised Code, or rules of the state board of psychology | 1088 |
adopted pursuant to this chapter. | 1089 |
(B) A corporation, limited liability company, partnership, or | 1090 |
professional association described in division (A) of this section | 1091 |
may be formed for the purpose of providing a combination of the | 1092 |
professional services of the following individuals who are | 1093 |
licensed, certificated, or otherwise legally authorized to | 1094 |
practice their respective professions: | 1095 |
(1) Optometrists who are authorized to practice optometry | 1096 |
under Chapter 4725. of the Revised Code; | 1097 |
(2) Chiropractors who are authorized to practice chiropractic | 1098 |
under Chapter 4734. of the Revised Code; | 1099 |
(3) Psychologists who are authorized to practice psychology | 1100 |
under this chapter; | 1101 |
(4) Registered or licensed practical nurses who are | 1102 |
authorized to practice nursing as registered nurses or as licensed | 1103 |
practical nurses under Chapter 4723. of the Revised Code; | 1104 |
(5) Pharmacists who are authorized to practice pharmacy under | 1105 |
Chapter 4729. of the Revised Code; | 1106 |
(6) Physical therapists who are authorized to practice | 1107 |
physical therapy under sections 4755.40 to | 1108 |
Revised Code; | 1109 |
(7) Occupational therapists who are authorized to practice | 1110 |
occupational therapy under sections 4755.04 to 4755.13 of the | 1111 |
Revised Code; | 1112 |
(8) Mechanotherapists who are authorized to practice | 1113 |
mechanotherapy under section 4731.151 of the Revised Code; | 1114 |
| 1115 |
and surgery, or podiatric medicine and surgery who are authorized | 1116 |
for their respective practices under Chapter 4731. of the Revised | 1117 |
Code. | 1118 |
This division shall apply notwithstanding a provision of a | 1119 |
code of ethics applicable to a psychologist that prohibits a | 1120 |
psychologist from engaging in the practice of psychology in | 1121 |
combination with a person who is licensed, certificated, or | 1122 |
otherwise legally authorized to practice optometry, chiropractic, | 1123 |
nursing, pharmacy, physical therapy, occupational therapy, | 1124 |
mechanotherapy, medicine and surgery, osteopathic medicine and | 1125 |
surgery, or podiatric medicine and surgery, but who is not also | 1126 |
licensed, certificated, or otherwise legally authorized to engage | 1127 |
in the practice of psychology. | 1128 |
Sec. 4734.17. (A) An individual whom the state chiropractic | 1129 |
board licenses to engage in the practice of chiropractic may | 1130 |
render the professional services of a chiropractor within this | 1131 |
state through a corporation formed under division (B) of section | 1132 |
1701.03 of the Revised Code, a limited liability company formed | 1133 |
under Chapter 1705. of the Revised Code, a partnership, or a | 1134 |
professional association formed under Chapter 1785. of the Revised | 1135 |
Code. This division does not preclude a chiropractor from | 1136 |
rendering professional services as a chiropractor through another | 1137 |
form of business entity, including, but not limited to, a | 1138 |
nonprofit corporation or foundation, or in another manner that is | 1139 |
authorized by or in accordance with this chapter, another chapter | 1140 |
of the Revised Code, or rules of the state chiropractic board | 1141 |
adopted pursuant to this chapter. | 1142 |
(B) A corporation, limited liability company, partnership, or | 1143 |
professional association described in division (A) of this section | 1144 |
may be formed for the purpose of providing a combination of the | 1145 |
professional services of the following individuals who are | 1146 |
licensed, certificated, or otherwise legally authorized to | 1147 |
practice their respective professions: | 1148 |
(1) Optometrists who are authorized to practice optometry, | 1149 |
under Chapter 4725. of the Revised Code; | 1150 |
(2) Chiropractors who are authorized to practice chiropractic | 1151 |
under this chapter; | 1152 |
(3) Psychologists who are authorized to practice psychology | 1153 |
under Chapter 4732. of the Revised Code; | 1154 |
(4) Registered or licensed practical nurses who are | 1155 |
authorized to practice nursing as registered nurses or as licensed | 1156 |
practical nurses under Chapter 4723. of the Revised Code; | 1157 |
(5) Pharmacists who are authorized to practice pharmacy under | 1158 |
Chapter 4729. of the Revised Code; | 1159 |
(6) Physical therapists who are authorized to practice | 1160 |
physical therapy under sections 4755.40 to | 1161 |
Revised Code; | 1162 |
(7) Occupational therapists who are authorized to practice | 1163 |
occupational therapy under sections 4755.04 to 4755.13 of the | 1164 |
Revised Code; | 1165 |
(8) Mechanotherapists who are authorized to practice | 1166 |
mechanotherapy under section 4731.151 of the Revised Code; | 1167 |
| 1168 |
and surgery, or podiatric medicine and surgery who are authorized | 1169 |
for their respective practices under Chapter 4731. of the Revised | 1170 |
Code. | 1171 |
This division shall apply notwithstanding a provision of any | 1172 |
code of ethics established or adopted under section 4734.16 of the | 1173 |
Revised Code that prohibits an individual from engaging in the | 1174 |
practice of chiropractic in combination with an individual who is | 1175 |
licensed, certificated, or otherwise authorized for the practice | 1176 |
of optometry, psychology, nursing, pharmacy, physical therapy, | 1177 |
occupational therapy, mechanotherapy, medicine and surgery, | 1178 |
osteopathic medicine and surgery, or podiatric medicine and | 1179 |
surgery, but who is not also licensed under this chapter to engage | 1180 |
in the practice of chiropractic. | 1181 |
| 1182 |
occupational therapy, physical therapy, and athletic trainers | 1183 |
board consisting of sixteen residents of this state, who shall be | 1184 |
appointed by the governor with the advice and consent of the | 1185 |
senate. The board shall be composed of a physical therapy section, | 1186 |
an occupational therapy section, and an athletic trainers section. | 1187 |
(1) Five members of the board shall be physical therapists | 1188 |
who are licensed to practice physical therapy and who have been | 1189 |
engaged in or actively associated with the practice of physical | 1190 |
therapy in this state for at least five years immediately | 1191 |
preceding appointment. Such members of the board shall sit on the | 1192 |
physical therapy section. The physical therapy section also shall | 1193 |
consist of four additional members, appointed by the governor with | 1194 |
the advice and consent of the senate, who satisfy the same | 1195 |
qualifications as the members of the board sitting on the physical | 1196 |
therapy section, but who are not members of the board. Of the | 1197 |
additional physical therapy section members whose terms commence | 1198 |
on August 28, 2007, one shall be for a term of one year, one for a | 1199 |
term of two years, one for a term of three years, and one for a | 1200 |
term of four years. Such additional members of the physical | 1201 |
therapy section are vested with only such powers and shall perform | 1202 |
only such
duties as relate to the affairs of that section | 1203 |
1204 | |
1205 | |
1206 |
(2) Four members of the board shall be occupational | 1207 |
therapists and one member shall be a licensed occupational therapy | 1208 |
assistant, all of whom have been engaged in or actively associated | 1209 |
with the practice of occupational therapy or practice as an | 1210 |
occupational therapy assistant in this state for at least five | 1211 |
years immediately preceding appointment. Such members of the board | 1212 |
shall sit on the occupational therapy section. | 1213 |
(3) Four members of the board shall be athletic trainers who | 1214 |
have been engaged in the practice of athletic training in Ohio for | 1215 |
at least five years immediately preceding appointment. One member | 1216 |
of the board shall be a physician licensed to practice medicine | 1217 |
and surgery in this state. Such members of the board shall sit on | 1218 |
the athletic trainers section. | 1219 |
(4) One member of the board shall represent the public | 1220 |
1221 | |
board and shall attend each year at least three meetings of the | 1222 |
physical therapy section, three meetings of the occupational | 1223 |
therapy section, and three meetings of the athletic trainers | 1224 |
section. | 1225 |
| 1226 |
(A)(1) of this section for the additional members of the physical | 1227 |
therapy section commencing on August 28, 2007, terms for the | 1228 |
members of the board and the additional members of the physical | 1229 |
therapy section are for three years | 1230 |
1231 | |
1232 | |
serve subsequent to the expiration of the member's term until the | 1233 |
member's successor is appointed and qualifies, or until a period | 1234 |
of sixty days has elapsed,
whichever occurs first. | 1235 |
1236 | |
1237 | |
member shall not serve for more than three consecutive terms. All | 1238 |
vacancies shall be filled in the manner prescribed for the regular | 1239 |
appointments | 1240 |
(C) Each member of the board and each additional member of | 1241 |
the physical therapy section, before entering upon the official | 1242 |
duties of office, shall do both of the following: | 1243 |
(1) Subscribe to and file with the secretary of state the | 1244 |
constitutional oath of office; | 1245 |
(2) Sign and file with the executive director of the board a | 1246 |
notarized statement that the member has read and understands | 1247 |
sections 121.22 and 149.43 of the Revised Code and the provisions | 1248 |
of Chapter 119. of the Revised Code that are applicable to the | 1249 |
duties of the board. | 1250 |
(D) Annually, upon the qualification of the member or members | 1251 |
appointed in that year, the board shall organize by selecting from | 1252 |
its members a president and secretary. Each section of the board | 1253 |
shall independently organize by selecting from its members a | 1254 |
chairperson and secretary. | 1255 |
| 1256 |
quorum to transact and vote on the business of the board. A | 1257 |
majority of the members of each section constitutes a quorum to | 1258 |
transact and vote on the affairs of that section. | 1259 |
(F) Each member of the board and each additional member of | 1260 |
the physical therapy section shall receive an amount fixed | 1261 |
pursuant to division (J) of section 124.15 of the Revised Code for | 1262 |
each day employed in the discharge of official duties. In | 1263 |
addition, each member of the board and each additional member of | 1264 |
the physical therapy section shall receive the member's actual and | 1265 |
necessary expenses incurred in the performance of official duties. | 1266 |
(G) The board of trustees of the Ohio occupational therapy | 1267 |
association | 1268 |
vacancy occurs in an occupational therapy position, at least three | 1269 |
persons to fill each such position or vacancy on the board, and | 1270 |
the governor may make the appointment from the persons so | 1271 |
recommended. The executive board of the Ohio chapter | 1272 |
American physical therapy association may recommend, after any | 1273 |
term expires or vacancy occurs in a physical therapy position, at | 1274 |
least three persons to fill each such vacancy on the board, and | 1275 |
the governor may make appointments from the persons so | 1276 |
recommended. | 1277 |
1278 | |
1279 | |
athletic trainers association shall also recommend to the governor | 1280 |
at least three persons when any term expires or any vacancy occurs | 1281 |
in | 1282 |
one of the association's recommendations in making such an | 1283 |
appointment. | 1284 |
(H) The board shall meet as a whole to determine all | 1285 |
administrative, personnel, and budgetary matters. The executive | 1286 |
director of the board appointed by the board shall not be a | 1287 |
physical therapist, an occupational therapist, or an athletic | 1288 |
trainer who has been licensed to practice physical therapy, | 1289 |
occupational therapy, or as an athletic trainer in this state | 1290 |
within three years immediately preceding appointment. The | 1291 |
executive director shall serve at the pleasure of the board. | 1292 |
(I) The occupational therapy section of the board shall have | 1293 |
the | 1294 |
concerning the practice of occupational therapy and, in | 1295 |
particular, the examination, licensure, and suspension or | 1296 |
revocation of licensure of applicants, occupational therapists, | 1297 |
and occupational therapy assistants. The physical therapy section | 1298 |
of the board shall have the | 1299 |
board on | 1300 |
and, in particular, the examination, licensure, and suspension or | 1301 |
revocation of licensure of applicants, physical therapists, and | 1302 |
physical therapist assistants. The athletic trainers section of | 1303 |
the board shall have the | 1304 |
board on | 1305 |
and, in particular, the examination, licensure, and suspension or | 1306 |
revocation of licensure of applicants and athletic trainers. All | 1307 |
actions taken by any
section of the board under this | 1308 |
division shall be in accordance with Chapter 119. of the Revised | 1309 |
Code. | 1310 |
| 1311 |
Ohio occupational therapy, physical therapy, and athletic trainers | 1312 |
board shall investigate | 1313 |
1314 | |
compliance with this chapter or any rule or order issued under | 1315 |
this chapter and
| 1316 |
the suspension, revocation, or refusal to issue or renew licenses | 1317 |
under section
3123.47,
| 1318 |
Revised
Code | 1319 |
and documents in connection with its investigations. | 1320 |
(B) Through the attorney general or an appropriate | 1321 |
prosecuting attorney, the appropriate section may apply to an | 1322 |
appropriate court for an order enjoining
the violation of | 1323 |
1324 | |
this chapter. On the filing of a verified petition, the court | 1325 |
shall conduct a hearing on the petition and give the same | 1326 |
preference to the proceeding as is given to all proceedings under | 1327 |
Chapter 119. of the Revised Code, irrespective of the position of | 1328 |
the proceeding on the court's calendar. On a showing | 1329 |
1330 | |
1331 | |
chapter, the court shall grant an injunction, restraining order, | 1332 |
or | 1333 |
provided by this division are in addition to all penalties and | 1334 |
other remedies provided in this chapter. | 1335 |
(C) When requested by the appropriate section, the | 1336 |
prosecuting attorney of a county, or the village solicitor or city | 1337 |
director of law of a municipal corporation, where a violation of | 1338 |
this chapter allegedly occurs, shall take charge of and conduct | 1339 |
the prosecution. | 1340 |
(D) The appropriate section may employ investigators who | 1341 |
shall | 1342 |
1343 | |
inspections, and | 1344 |
section are appropriate to
enforce sections 3123.41 to 3123.50 | 1345 |
1346 | |
the Revised Code or this chapter. These investigators have the | 1347 |
right to review, obtain copies, and audit the patient records and | 1348 |
personnel files of licensees at the place of business of the | 1349 |
licensees or any other
place where such | 1350 |
and shall be given access to such
| 1351 |
business hours. | 1352 |
1353 | |
1354 |
(E)(1) Subject to division (E)(2) of this section, | 1355 |
information and records received or generated by the board | 1356 |
pursuant to an investigation are confidential, are not public | 1357 |
records as defined in section 149.43 of the Revised Code, and are | 1358 |
not subject to discovery in any civil or administrative action. | 1359 |
(2) For good cause, the board may disclose information | 1360 |
gathered pursuant to an investigation to any federal, state, or | 1361 |
local law enforcement, prosecutorial, or regulatory agency or its | 1362 |
officers or agents engaging in an investigation the board believes | 1363 |
is within the agency's jurisdiction. An agency that receives | 1364 |
confidential information shall comply with the same requirements | 1365 |
regarding confidentiality as those with which the board must | 1366 |
comply, notwithstanding any conflicting provision of the Revised | 1367 |
Code or procedure of the agency that applies when the agency is | 1368 |
dealing with other information in its possession. The information | 1369 |
may be admitted into evidence in a criminal trial in accordance | 1370 |
with the Rules of Evidence, or in an administrative hearing | 1371 |
conducted by an agency, but the court or agency shall require that | 1372 |
appropriate measures be taken to ensure that confidentiality is | 1373 |
maintained with respect to any part of the information that | 1374 |
contains names or other identifying information about patients, | 1375 |
complainants, or others whose confidentiality was protected by the | 1376 |
board when the information was in the board's possession. Measures | 1377 |
to ensure confidentiality that may be taken by the court or agency | 1378 |
include sealing its records or redacting specific information from | 1379 |
its records. | 1380 |
(F) The appropriate section shall conduct | 1381 |
records and minutes, | 1382 |
1383 | |
chapter. | 1384 |
(G) Each section of the board shall publish and make | 1385 |
available, upon request and for a fee not to exceed the actual | 1386 |
cost of printing and mailing, the licensure standards prescribed | 1387 |
by the
relevant sections of this chapter and | 1388 |
Administrative Code. | 1389 |
(H) The board shall submit to the governor and to the general | 1390 |
assembly each year a report of all its official actions during the | 1391 |
preceding year, together with any recommendations and findings | 1392 |
with regard to the | 1393 |
professions of
physical
therapy | 1394 |
occupational therapy, and athletic training. | 1395 |
Sec. 4755.021. A person sanctioned under this section or | 1396 |
section 4755.11, 4755.47, or 4755.64 of the Revised Code shall pay | 1397 |
a fee in the amount of the actual cost of the administrative | 1398 |
hearing, including the cost of the court reporter, the hearing | 1399 |
officer, transcripts, and any witness fees for lodging and travel, | 1400 |
as determined by the appropriate section of the board. The fee | 1401 |
shall be collected by the appropriate section. | 1402 |
| 1403 |
assessed under this chapter by the Ohio occupational therapy, | 1404 |
physical therapy, and athletic trainers board, shall be deposited | 1405 |
into the state treasury to the credit of the occupational | 1406 |
licensing and regulatory fund. | 1407 |
| 1408 |
1409 |
(A) "Occupational therapy" means the | 1410 |
1411 | |
1412 | |
1413 | |
1414 | |
1415 | |
1416 | |
1417 |
| 1418 |
1419 | |
1420 |
| 1421 |
1422 | |
1423 | |
occupations with individuals or groups for the purpose of | 1424 |
participation in roles and situations in the home, school, | 1425 |
workplace, community, and other settings. The practice of | 1426 |
occupational therapy includes all of the following: | 1427 |
(1) Methods or strategies selected to direct the process of | 1428 |
interventions, including, but not limited to, establishment, | 1429 |
remediation, or restoration of a skill or ability that has not yet | 1430 |
developed or is impaired and compensation, modification, or | 1431 |
adaptation of activity or environment to enhance performance; | 1432 |
(2) Evaluation of factors affecting activities of daily | 1433 |
living, instrumental activities of daily living, education, work, | 1434 |
play, leisure, and social participation, including, but not | 1435 |
limited to, sensory motor abilities, vision, perception, | 1436 |
cognition, psychosocial, and communication and interaction skills; | 1437 |
(3) Interventions and procedures to promote or enhance safety | 1438 |
and performance in activities of daily living, education, work, | 1439 |
play, leisure, and social participation, including, but not | 1440 |
limited to, application of physical agent modalities, use of a | 1441 |
range of specific therapeutic procedures to enhance performance | 1442 |
skills, rehabilitation of driving skills to facilitate community | 1443 |
mobility, and management of feeding, eating, and swallowing to | 1444 |
enable eating and feeding performance; | 1445 |
(4) Consultative services, case management, and education of | 1446 |
patients, clients, or other individuals to promote | 1447 |
self-management, home management, and community and work | 1448 |
reintegration; | 1449 |
| 1450 |
instructing in the use of selected orthotic or prosthetic devices | 1451 |
and other equipment which assists the individual to adapt to the | 1452 |
individual's potential or actual impairment; | 1453 |
| 1454 |
1455 | |
1456 |
| 1457 |
prescribed by a licensed health professional authorized to | 1458 |
prescribe drugs, as defined in section 4729.01 of the Revised | 1459 |
Code. | 1460 |
(B) "Occupational therapist" means a person who is licensed | 1461 |
to practice occupational therapy and who offers such services to | 1462 |
the public under any title incorporating the words "occupational | 1463 |
therapy," "occupational therapist," or any similar title or | 1464 |
description of services. | 1465 |
(C) "Occupational therapy assistant" means a person licensed | 1466 |
to | 1467 |
under the general supervision of an occupational therapist. | 1468 |
| 1469 |
license or permit under
sections | 1470 |
4755.13 of the Revised Code shall practice or offer to practice | 1471 |
occupational therapy, or use in connection with | 1472 |
name, or otherwise assume, use, or advertise, any title, initials, | 1473 |
or description tending to
convey the impression that | 1474 |
is an occupational therapist or an occupational therapy assistant. | 1475 |
No partnership, association, or corporation shall advertise or | 1476 |
otherwise offer to provide or convey the impression that it is | 1477 |
providing occupational therapy unless an individual holding a | 1478 |
current license or permit
under sections | 1479 |
1480 | |
time be rendering the occupational therapy services to which | 1481 |
reference is made. | 1482 |
| 1483 |
the Ohio occupational therapy, physical therapy, and athletic | 1484 |
trainers board may make reasonable rules in accordance with | 1485 |
Chapter 119. of the Revised Code relating to but not limited to: | 1486 |
(A) The form and manner for filing applications for licensure | 1487 |
under sections | 1488 |
Code; | 1489 |
(B) The issuance, suspension, and revocation of such | 1490 |
licenses, and the conducting of investigations and hearings; | 1491 |
(C) Standards for approval of courses of study | 1492 |
1493 | |
occupational therapy; | 1494 |
(D) The time and form of examination for such licensure; | 1495 |
(E) Standards of ethical conduct in the practice of | 1496 |
occupational therapy; | 1497 |
(F) Certificates of renewal and a schedule of deadlines for | 1498 |
renewal; | 1499 |
(G) Late fees and the conditions under which a license of a | 1500 |
licensee who files a late application for renewal will be | 1501 |
reinstated; | 1502 |
(H) Placing an existing license in escrow; | 1503 |
(I) The amount, scope, and nature of continuing education | 1504 |
activities required for license renewal, including waivers and the | 1505 |
establishment of appropriate fees to be charged for the | 1506 |
administrative costs associated with the review of continuing | 1507 |
education activities; | 1508 |
(J) The scope of practice of occupational therapy and the | 1509 |
provision of unlicensed services; | 1510 |
(K) Limited permit guidelines; | 1511 |
(L) All things necessary and proper to carry out and enforce | 1512 |
the provisions of this chapter applicable to the practice of | 1513 |
occupational therapy. | 1514 |
The section may hear testimony in matters relating to the | 1515 |
duties imposed upon it, and the | 1516 |
of the section may administer oaths. The section may require | 1517 |
proof, beyond the evidence found in the application, of the | 1518 |
honesty, truthfulness, and good reputation of any person named in | 1519 |
an application for such licensure, before admitting the applicant | 1520 |
to the examination or issuing a license. | 1521 |
| 1522 |
as an occupational therapist or as an occupational therapy | 1523 |
assistant,
unless | 1524 |
the occupational therapy section of the Ohio occupational therapy, | 1525 |
physical
therapy, and athletic trainers board that | 1526 |
(A) Is of good moral character; | 1527 |
(B) Has successfully completed the academic requirements of | 1528 |
an educational program recognized by the section, including a | 1529 |
concentration of instruction in basic human sciences, the human | 1530 |
development process, occupational tasks and activities, the | 1531 |
health-illness-health continuum, and occupational therapy theory | 1532 |
and practice; | 1533 |
(C) Has successfully completed a period of supervised field | 1534 |
work experience at a recognized educational institution or a | 1535 |
training program approved by the educational institution where
| 1536 |
the person met the academic requirements. For an occupational | 1537 |
therapist, a minimum of six months of supervised field work | 1538 |
experience is required. For an occupational therapy assistant, a | 1539 |
minimum of two months of supervised field work experience is | 1540 |
required. | 1541 |
(D) Has successfully passed a written examination testing
| 1542 |
the person's knowledge of the basic and clinical sciences relating | 1543 |
to occupational therapy, and occupational therapy theory and | 1544 |
practice, including the applicant's professional skills and | 1545 |
judgment in the utilization of occupational therapy techniques and | 1546 |
methods, and such other subjects as the section may consider | 1547 |
useful to determine the applicant's fitness to practice. The | 1548 |
section may require separate examinations of applicants for | 1549 |
licensure as occupational therapy assistants and applicants for | 1550 |
licensure as occupational therapists. | 1551 |
1552 | |
1553 | |
1554 | |
1555 |
Applicants for licensure shall be examined at a time and | 1556 |
place and under such supervision as the section determines. | 1557 |
1558 | |
1559 | |
1560 | |
1561 |
| 1562 |
the Ohio occupational therapy, physical therapy, and athletic | 1563 |
trainers board shall issue a license to every applicant who has | 1564 |
passed the appropriate examination designated by the section and | 1565 |
who otherwise complies with the licensure requirements of sections | 1566 |
1567 | |
license entitles the holder to practice occupational therapy or to | 1568 |
assist in the practice of occupational therapy. The licensee shall | 1569 |
display the license in a conspicuous place at the licensee's | 1570 |
principal place of business. | 1571 |
The section may issue a limited permit to persons who have | 1572 |
satisfied the requirements of divisions (A) to (C) of section | 1573 |
1574 | |
to practice as an occupational therapist or occupational therapy | 1575 |
assistant under the supervision of a licensed occupational | 1576 |
therapist and is valid until the date on which the results of the | 1577 |
1578 | |
shall not be renewed if the applicant has failed the examination. | 1579 |
| 1580 |
the Ohio occupational therapy, physical therapy, and athletic | 1581 |
trainers board may waive the examination requirement under section | 1582 |
1583 | |
licensure as an occupational therapist or occupational therapy | 1584 |
assistant who either has met educational, training, and job | 1585 |
experience requirements established by the section, or presents | 1586 |
proof of current certification or licensure in another state that | 1587 |
requires standards for licensure at least equal to those for | 1588 |
licensure in this state. | 1589 |
The section may waive the educational requirements under | 1590 |
section | 1591 |
has met job experience requirements established by the section. | 1592 |
| 1593 |
1594 | |
recommendation or examination until revoked or suspended or until | 1595 |
the license expires for failure to file an application for | 1596 |
certificate of renewal as provided for in this section. | 1597 |
Licenses shall be renewed biennially in accordance with the | 1598 |
schedule established in rules adopted by the occupational therapy | 1599 |
section of the Ohio occupational therapy, physical therapy, and | 1600 |
athletic trainers board under section 4755.06 of the Revised Code. | 1601 |
1602 | |
1603 | |
renewal shall file | 1604 |
in section | 1605 |
1606 | |
certificate of renewal on a form prescribed by the occupational | 1607 |
therapy section | 1608 |
1609 | |
continuing education requirements as provided in rules adopted by | 1610 |
the section under section 4755.06 of the Revised Code and in | 1611 |
accordance with the schedule in rules adopted by the section under | 1612 |
section 4755.06 of the Revised Code. | 1613 |
1614 | |
1615 | |
1616 | |
1617 | |
mailed by the section to the
licensee | 1618 |
1619 | |
established in rules adopted by the section under section 4755.06 | 1620 |
of the Revised Code. In all other respects the renewal process is | 1621 |
as provided in section 4745.02 of the Revised Code. | 1622 |
The license of any licensee who fails to file an application | 1623 |
for a certificate of renewal | 1624 |
1625 | |
rules adopted by the section under section 4755.06 of the Revised | 1626 |
Code shall expire automatically, unless the section, for good | 1627 |
cause shown, determines that the application for renewal could not | 1628 |
have
been filed by such day. | 1629 |
1630 | |
1631 | |
1632 |
Except as provided in sections 3123.41 to 3123.50 of the | 1633 |
Revised Code and any applicable rules adopted under section | 1634 |
3123.63 of the Revised Code, the section may renew a license while | 1635 |
the license is suspended, but the renewal shall not affect the | 1636 |
suspension. The section shall not renew a license that has been | 1637 |
revoked. If a
revoked license is reinstated under section | 1638 |
4755.11 of the Revised Code after it has expired, the licensee, as | 1639 |
a condition of reinstatement, shall pay a reinstatement fee equal | 1640 |
to the renewal fee in effect on the last preceding regular renewal | 1641 |
date before the reinstatement date, plus any delinquent fees | 1642 |
accrued from the time of the revocation, if such fees are | 1643 |
prescribed by the section by rule. | 1644 |
| 1645 |
the Revised Code, the occupational therapy section of the Ohio | 1646 |
occupational therapy, physical therapy, and athletic trainers | 1647 |
board may suspend, revoke, or refuse to issue or renew an | 1648 |
occupational therapist | 1649 |
license, occupational therapist limited permit, occupational | 1650 |
therapy assistant limited permit, or reprimand, fine, or place a | 1651 |
license or limited permit holder on probation, for any of the | 1652 |
following: | 1653 |
(1) Conviction of an offense involving moral turpitude or a | 1654 |
felony | 1655 |
regardless of the state or country in which the conviction | 1656 |
occurred; | 1657 |
(2) Violation of any provision of sections | 1658 |
1659 |
(3) Violation of any lawful order or rule of the occupational | 1660 |
therapy section; | 1661 |
(4) Obtaining | 1662 |
1663 | |
1664 | |
permit issued by the occupational therapy section by fraud or | 1665 |
deception, including the making of a false, fraudulent, deceptive, | 1666 |
or misleading statements in relation to these activities; | 1667 |
(5) Negligence, unprofessional conduct, or gross misconduct | 1668 |
in the | 1669 |
(6) Accepting commissions or rebates or other forms of | 1670 |
remuneration for referring persons to other professionals; | 1671 |
(7) Communicating, | 1672 |
information received in professional confidence; | 1673 |
(8) Using | 1674 |
drugs, or alcohol to an extent that it impairs the ability to | 1675 |
perform the
work of an occupational therapist | 1676 |
therapy assistant | 1677 |
therapist limited permit holder, or occupational therapy assistant | 1678 |
limited permit holder; | 1679 |
(9) Practicing in an area of occupational therapy for which | 1680 |
the individual is | 1681 |
(10) Failing the licensing or Ohio jurisprudence examination; | 1682 |
(11) Aiding | 1683 |
unlicensed practice of occupational therapy; | 1684 |
(12) | 1685 |
1686 | |
1687 | |
revocation, suspension, or restriction of authority to practice a | 1688 |
health care occupation, including occupational therapy, for any | 1689 |
reason other than a failure to renew, in Ohio or another state or | 1690 |
jurisdiction; | 1691 |
(13) Except as provided in division (B) of this section: | 1692 |
(a) Waiving the payment of all or any part of a deductible or | 1693 |
copayment that a patient, pursuant to a health insurance or health | 1694 |
care policy, contract, or plan that covers occupational therapy, | 1695 |
would otherwise be required to pay if the waiver is used as an | 1696 |
enticement to a patient or group of patients to receive health | 1697 |
care services from that provider; | 1698 |
(b) Advertising that the individual will waive the payment of | 1699 |
all or any part of a deductible or copayment that a patient, | 1700 |
pursuant to a health insurance or health care policy, contract, or | 1701 |
plan that covers occupational therapy, would otherwise be required | 1702 |
to pay. | 1703 |
(14) Working or representing oneself as an occupational | 1704 |
therapist, occupational therapy assistant, occupational therapist | 1705 |
limited permit holder, or occupational therapy assistant limited | 1706 |
permit holder without a current and valid license or limited | 1707 |
permit issued by the occupational therapy section; | 1708 |
(15) Engaging in a deceptive trade practice, as defined in | 1709 |
section 4165.02 of the Revised Code; | 1710 |
(16) Violation of the standards of ethical conduct in the | 1711 |
practice of occupational therapy as identified by the occupational | 1712 |
therapy section; | 1713 |
(17) A departure from, or the failure to conform to, minimal | 1714 |
standards of care required of licensees or limited permit holders, | 1715 |
whether or not actual injury to a patient is established; | 1716 |
(18) An adjudication by a court that the applicant, licensee, | 1717 |
or limited permit holder is incompetent for the purpose of holding | 1718 |
a license or limited permit and has not thereafter been restored | 1719 |
to legal capacity for that purpose; | 1720 |
(19)(a) Except as provided in division (A)(19)(b) of this | 1721 |
section, failure to cooperate with an investigation conducted by | 1722 |
the occupational therapy section, including failure to comply with | 1723 |
a subpoena or orders issued by the section or failure to answer | 1724 |
truthfully a question presented by the section at a deposition or | 1725 |
in written interrogatories. | 1726 |
(b) Failure to cooperate with an investigation does not | 1727 |
constitute grounds for discipline under this section if a court of | 1728 |
competent jurisdiction issues an order that either quashes a | 1729 |
subpoena or permits the individual to withhold the testimony or | 1730 |
evidence at issue. | 1731 |
(20) Conviction of a misdemeanor reasonably related to the | 1732 |
practice of occupational therapy, regardless of the state or | 1733 |
country in which the conviction occurred; | 1734 |
(21) Inability to practice according to acceptable and | 1735 |
prevailing standards of care because of mental or physical | 1736 |
illness, including physical deterioration that adversely affects | 1737 |
cognitive, motor, or perception skills; | 1738 |
(22) Violation of conditions, limitations, or agreements | 1739 |
placed by the occupational therapy section on a license or limited | 1740 |
permit to practice; | 1741 |
(23) Making a false, fraudulent, deceptive, or misleading | 1742 |
statement in the solicitation of or advertising for patients in | 1743 |
relation to the practice of occupational therapy; | 1744 |
(24) Failure to complete continuing education requirements as | 1745 |
prescribed in rules adopted by the occupational therapy section | 1746 |
under section 4755.06 of the Revised Code. | 1747 |
(B) Sanctions shall not be imposed under division (A)(13) of | 1748 |
this section against any individual who waives deductibles and | 1749 |
copayments as follows: | 1750 |
(1) In compliance with the health benefit plan that expressly | 1751 |
allows such a practice. Waiver of the deductibles or copayments | 1752 |
shall be made only with the full knowledge and consent of the plan | 1753 |
purchaser, payer, and third-party administrator. Documentation of | 1754 |
the consent shall be made available to the section upon request. | 1755 |
(2) For professional services rendered to any other person | 1756 |
licensed pursuant to sections | 1757 |
of the Revised Code to the extent allowed by those sections and | 1758 |
the rules of the occupational therapy section. | 1759 |
(C) | 1760 |
the suspension or revocation of a license under this section is | 1761 |
not effective until either the order for suspension or revocation | 1762 |
has been affirmed following an adjudication hearing, or the time | 1763 |
for requesting a hearing has elapsed. | 1764 |
When a license is revoked under this section, application for | 1765 |
reinstatement may not be made sooner than one year after the date | 1766 |
of revocation. The occupational therapy section may accept or | 1767 |
refuse an application for reinstatement and may require that the | 1768 |
applicant pass an examination as a condition of reinstatement. | 1769 |
When a license holder is placed on probation under this | 1770 |
section, the occupational therapy section's probation order shall | 1771 |
be accompanied by a statement of the conditions under which the | 1772 |
individual may be removed from probation and restored to | 1773 |
unrestricted practice. | 1774 |
(D) On receipt of a complaint that a person licensed by the | 1775 |
occupational therapy section has committed any of the prohibited | 1776 |
actions listed in division (A) of this section, the section may | 1777 |
immediately suspend the license of a licensed occupational | 1778 |
therapist or licensed occupational therapist assistant prior to | 1779 |
holding a hearing in accordance with Chapter 119. of the Revised | 1780 |
Code if it determines, based on the complaint, that the licensee | 1781 |
poses an immediate threat to the public. The section shall notify | 1782 |
the licensed occupational therapist or licensed occupational | 1783 |
therapist assistant of the suspension in accordance with section | 1784 |
119.07 of the Revised Code. If the individual whose license is | 1785 |
suspended fails to make a timely request for an adjudication under | 1786 |
Chapter 119. of the Revised Code, the section shall enter a final | 1787 |
order permanently revoking the individual's license. | 1788 |
(E) If any person other than a licensed occupational | 1789 |
therapist or an occupational therapy assistant has engaged in any | 1790 |
practice that is prohibited under sections | 1791 |
1792 | |
occupational therapy section, the section may apply to the court | 1793 |
of common pleas of the county in which the violation occurred, for | 1794 |
an injunction or other appropriate order restraining this conduct, | 1795 |
and the court shall issue this order. | 1796 |
| 1797 |
the Ohio occupational therapy, physical therapy, and athletic | 1798 |
trainers board shall charge a nonrefundable examination fee, | 1799 |
established
pursuant to section | 1800 |
Code, which is to be paid at the time of application for | 1801 |
licensure. | 1802 |
The section shall charge an initial licensure fee, | 1803 |
established pursuant to section | 1804 |
Code. | 1805 |
The section shall charge a biennial renewal fee and shall | 1806 |
charge a fee for a limited permit, established pursuant to section | 1807 |
1808 |
Any person who is qualified to practice occupational therapy | 1809 |
as certified by the section, but who is not in the active | 1810 |
practice, as defined by section rule, may register with the | 1811 |
section as a nonactive licensee at a biennial fee, established | 1812 |
pursuant to section | 1813 |
The section may, by rule, provide for the waiver of all or | 1814 |
part of a fee when the license is issued less than one hundred | 1815 |
days before the date on which it will expire. | 1816 |
| 1817 |
4755.04 to | 1818 |
to prevent or restrict the practice, services, or activities of | 1819 |
the following: | 1820 |
(1) Any person who does not claim to the public by any title, | 1821 |
initials, or description of services as being engaged in the | 1822 |
practice of occupational therapy, who is: | 1823 |
(a) A physician licensed under Chapter 4731. of the Revised | 1824 |
Code, or anyone employed or supervised by a licensed physician in | 1825 |
the delivery of treatment or services; | 1826 |
(b) A person licensed, certified, or registered under | 1827 |
sections 4755.40 to 4755.56 of the Revised Code or under any other | 1828 |
chapter of the Revised Code who is practicing within the standards | 1829 |
and ethics of practice that represent appropriate extensions of | 1830 |
the person's profession; | 1831 |
(c) A qualified member of any other profession who is | 1832 |
practicing within the standards and ethics of the member's | 1833 |
profession. | 1834 |
(2) Any person employed as an occupational therapist or | 1835 |
occupational therapy assistant by the government of the United | 1836 |
States, if the person provides occupational therapy solely under | 1837 |
the direction or control of the organization by which the person | 1838 |
is employed; | 1839 |
(3) Any person pursuing a course of study leading to a degree | 1840 |
or certificate in occupational therapy in an accredited or | 1841 |
approved educational program if the activities and services | 1842 |
constitute a part of a supervised course of study, if the person | 1843 |
is designated by a title that clearly indicates the person's | 1844 |
status as a student or trainee; | 1845 |
(4) Any person fulfilling the supervised field work | 1846 |
experience requirements of section | 1847 |
Code, if the activities and services constitute a part of the | 1848 |
experience necessary to meet those requirements. | 1849 |
(B) Nothing in sections | 1850 |
the Revised Code authorizes any person to use psychological | 1851 |
procedures defined by the state board of psychology under division | 1852 |
(C) of section 4732.23 of the Revised Code as a serious hazard to | 1853 |
mental health and to require professional expertise in psychology. | 1854 |
Sec. 4755.40. As used in sections 4755.40 to 4755.56 and | 1855 |
4755.99 of the Revised Code: | 1856 |
(A) "Physical therapy" means the evaluation and treatment of | 1857 |
a person by physical measures and the use of therapeutic exercises | 1858 |
and rehabilitative procedures, with or without assistive devices, | 1859 |
for the purpose of preventing, correcting, or alleviating any | 1860 |
disability. If performed by a person who is adequately trained, | 1861 |
physical therapy
includes | 1862 |
(1) The design, fabrication, revision, education, and | 1863 |
instruction in the use of various assistive devices including | 1864 |
braces, splints, ambulatory or locomotion devices, wheelchairs, | 1865 |
prosthetics, and
orthotics | 1866 |
(2) The administration of topical drugs that have been | 1867 |
prescribed by a licensed health professional authorized to | 1868 |
prescribe drugs, as defined in section 4729.01 of the Revised | 1869 |
Code | 1870 |
(3) The establishment and modification of physical therapy | 1871 |
programs, treatment planning, physical therapy education and | 1872 |
instruction, and consultative services; | 1873 |
(4) Physiotherapy; | 1874 |
(5) The academic instruction of physical therapy.
| 1875 |
Physical measures include massage, heat, cold, air, light, | 1876 |
water, electricity, sound, and the performance of tests of | 1877 |
neuromuscular
function as an aid to
such treatment.
| 1878 |
Physical therapy does not include the medical diagnosis of a | 1879 |
patient's disability, the use of Roentgen rays or radium for | 1880 |
diagnostic or therapeutic purposes, or the use of electricity for | 1881 |
cauterization or other surgical
purposes. | 1882 |
1883 |
(B) "Physical therapist" means a person who practices or | 1884 |
1885 | |
includes a physiotherapist. | 1886 |
(C) "Physical therapist assistant" means a person who assists | 1887 |
in the provision of physical therapy treatments, including the | 1888 |
provision of patient education and instruction, under the | 1889 |
supervision of a physical therapist, or | 1890 |
instruction of physical therapy under the supervision of a | 1891 |
physical therapist | 1892 |
students enrolled in a physical therapist assistant education | 1893 |
program. | 1894 |
(D) "Supervision" means the availability and responsibility | 1895 |
of the supervisor for direction of the actions of the person | 1896 |
supervised. | 1897 |
Sec. 4755.41. (A) The physical therapy section of the Ohio | 1898 |
occupational therapy, physical therapy, and athletic trainers | 1899 |
board shall | 1900 |
physical therapy or to practice as physical therapist assistants | 1901 |
in this state. | 1902 |
1903 | |
1904 |
(B) An investigation, inquiry, or hearing which the section | 1905 |
is authorized to undertake or hold may be undertaken or held | 1906 |
1907 | |
4755.02 of the Revised Code. Any finding or order | 1908 |
shall be confirmed or approved by the section. | 1909 |
(C) The physical therapy section shall: | 1910 |
(1) Keep a record of its proceedings; | 1911 |
(2) Keep a register of applicants showing the name and | 1912 |
location of the institution granting the applicant's degree or | 1913 |
certificate in physical therapy and whether or not a license was | 1914 |
issued; | 1915 |
(3) Maintain a register of every physical therapist and | 1916 |
physical therapist assistant in this state, including the | 1917 |
licensee's last known place of business, the licensee's last known | 1918 |
residence, and the date
and number of the licensee's license | 1919 |
1920 | |
1921 | |
1922 |
(4) | 1923 |
1924 | |
the section in accordance with section 4755.03 of the Revised | 1925 |
Code; | 1926 |
(5) On receipt of an application for a license to practice as | 1927 |
a physical therapist or physical therapist assistant, provide to | 1928 |
the applicant the section's address, dates of upcoming section | 1929 |
meetings, and a list of names of the section members. | 1930 |
| 1931 |
1932 |
Sec. 4755.411. The physical therapy section of the Ohio | 1933 |
occupational therapy, physical therapy, and athletic trainers | 1934 |
board shall adopt rules in accordance with Chapter 119. of the | 1935 |
Revised Code pertaining to the following: | 1936 |
(A) Fees for the verification of a license and license | 1937 |
reinstatement, and other fees established by the section; | 1938 |
(B) Provisions for the section's government and control of | 1939 |
its actions and business affairs; | 1940 |
(C) Minimum curricula for physical therapy education programs | 1941 |
that prepare graduates to be licensed in this state as physical | 1942 |
therapists and physical therapist assistants; | 1943 |
(D) Eligibility criteria to take the examinations required | 1944 |
under sections 4755.43 and 4755.431 of the Revised Code; | 1945 |
(E) The form and manner for filing applications for licensure | 1946 |
with the section; | 1947 |
(F) For purposes of section 4755.46 of the Revised Code, all | 1948 |
of the following: | 1949 |
(1) A schedule regarding when licenses to practice as a | 1950 |
physical therapist and physical therapist assistant expire during | 1951 |
a biennium; | 1952 |
(2) An additional fee, not to exceed thirty-five dollars, | 1953 |
that may be imposed if a licensee files a late application for | 1954 |
renewal; | 1955 |
(3) The conditions under which the license of a person who | 1956 |
files a late application for renewal will be reinstated. | 1957 |
(G) The issuance, renewal, suspension, and permanent | 1958 |
revocation of a license and the conduct of hearings; | 1959 |
(H) Appropriate ethical conduct in the practice of physical | 1960 |
therapy; | 1961 |
(I) Requirements, including continuing education | 1962 |
requirements, for restoring licenses that are inactive or have | 1963 |
lapsed through failure to renew; | 1964 |
(J) Conditions that may be imposed for reinstatement of a | 1965 |
license following suspension pursuant to section 4755.47 of the | 1966 |
Revised Code; | 1967 |
(K) For purposes of section 4755.45 of the Revised Code, both | 1968 |
of the following: | 1969 |
(1) At least three credentialing organizations from which the | 1970 |
section will accept equivalency evaluations for foreign physical | 1971 |
therapist and physical therapist assistant education; | 1972 |
(2) Evidence, other than the evaluations described in | 1973 |
division (K)(1) of this section, that the section will consider | 1974 |
for purposes of evaluating whether an applicant's education is | 1975 |
reasonably equivalent to the educational requirements that were in | 1976 |
force for licensure in this state as a physical therapist or | 1977 |
physical therapist assistant on the date of the applicant's | 1978 |
initial licensure or registration in another state or country. | 1979 |
(L) Standards of conduct for physical therapists and physical | 1980 |
therapist assistants, including requirements for supervision, | 1981 |
delegation, and practicing with or without referral or | 1982 |
prescription; | 1983 |
(M) Appropriate display of a license; | 1984 |
(N) Procedures for a licensee to follow in notifying the | 1985 |
section within thirty days of a change in name or address, or | 1986 |
both. | 1987 |
Sec. 4755.412. The physical therapy section of the Ohio | 1988 |
occupational therapy, physical therapy, and athletic trainers | 1989 |
board, subject to the approval of the controlling board, may | 1990 |
establish fees in excess of the amounts provided by sections | 1991 |
4755.42, 4755.421, 4755.45, 4755.451, and 4755.46 of the Revised | 1992 |
Code, provided that such fees do not exceed those amounts by more | 1993 |
than fifty per cent. | 1994 |
Sec. 4755.42. (A) Each person who desires to practice | 1995 |
physical therapy shall file with the secretary of the physical | 1996 |
therapy section of the Ohio occupational therapy, physical | 1997 |
therapy, and athletic trainers board | 1998 |
1999 | |
2000 | |
2001 |
(1) | 2002 |
(2) | 2003 |
(3) Physical description and photograph; | 2004 |
| 2005 |
doctorate program of physical therapy education
| 2006 |
2007 | |
accreditation agency recognized by the United States department of | 2008 |
education and that includes: | 2009 |
(a) A minimum of | 2010 |
credits or its
equivalent | 2011 |
courses in the biological and other physical sciences; | 2012 |
(b) | 2013 |
has provided | 2014 |
sciences, and physical therapy theory and procedures | 2015 |
2016 |
(B) | 2017 |
2018 | |
2019 | |
2020 | |
2021 | |
2022 | |
2023 | |
2024 | |
2025 | |
2026 | |
2027 | |
2028 | |
2029 |
| 2030 |
section, the applicant shall pay | 2031 |
2032 | |
dollars for the | 2033 |
2034 | |
2035 | |
2036 | |
2037 |
(C) The physical therapy section shall approve an application | 2038 |
to sit for the examination required under division (A) of section | 2039 |
4755.43 of the Revised Code not later than one hundred twenty days | 2040 |
after receiving an application that the section considers complete | 2041 |
unless the board has done either of the following: | 2042 |
(1) Requested documents relevant to the section's evaluation | 2043 |
of the application; | 2044 |
(2) Notified the applicant in writing of the section's intent | 2045 |
to deny a license and the applicant's right to request a hearing | 2046 |
in accordance with Chapter 119. of the Revised Code to appeal the | 2047 |
section's intent to deny a license. | 2048 |
(D) If the section fails to comply with division (C) of this | 2049 |
section, the section shall refund one-half of the application fee | 2050 |
to the applicant. | 2051 |
Sec. 4755.421. (A) Each applicant seeking licensure as a | 2052 |
physical therapist assistant shall file with the secretary of the | 2053 |
physical therapy section of the Ohio occupational therapy, | 2054 |
physical therapy, and athletic trainers board a notarized | 2055 |
application that includes the following: | 2056 |
(1) Name; | 2057 |
(2) Current address; | 2058 |
(3) Physical description and photograph; | 2059 |
(4) Proof of completion of a two-year program of education | 2060 |
that is accredited by a national physical therapy accreditation | 2061 |
agency recognized by the United States department of education. | 2062 |
(B) On making application under division (A) of this section, | 2063 |
the applicant shall pay a fee of not more than one hundred | 2064 |
twenty-five dollars for the license. | 2065 |
(C)(1) The physical therapy section shall approve an | 2066 |
applicant to sit for the examination required under division (A) | 2067 |
of section 4755.431 of the Revised Code not later than one hundred | 2068 |
twenty days after receiving an application that the section | 2069 |
considers complete unless the board has done either of the | 2070 |
following: | 2071 |
(a) Requested documents relevant to the section's evaluation | 2072 |
of the application; | 2073 |
(b) Notified the applicant in writing of the section's intent | 2074 |
to deny a license and the applicant's right to request a hearing | 2075 |
in accordance with Chapter 119. of the Revised Code to appeal the | 2076 |
section's intent to deny a license. | 2077 |
(2) If the section fails to comply with division (C)(1) of | 2078 |
this section, the section shall refund half of the application fee | 2079 |
to the applicant. | 2080 |
Sec. 4755.43. | 2081 |
2082 | |
2083 | |
2084 | |
2085 | |
2086 | |
2087 | |
2088 | |
2089 |
| 2090 |
Code, to be eligible to receive a license to practice as a | 2091 |
physical therapist, an applicant must pass both of the following: | 2092 |
(A) A national physical therapy examination | 2093 |
2094 | |
for physical therapists approved by the physical therapy section | 2095 |
of the Ohio occupational therapy, physical therapy, and athletic | 2096 |
trainers board that tests the applicant's knowledge of the basic | 2097 |
and applied sciences as they relate to physical therapy | 2098 |
physical therapy theory and procedures | 2099 |
2100 | |
2101 | |
2102 |
| 2103 |
2104 | |
2105 | |
2106 |
(B) A jurisprudence examination on Ohio's laws and rules | 2107 |
governing the practice of physical therapy that is approved by the | 2108 |
physical therapy section. | 2109 |
Sec. 4755.431. Except as provided in section 4755.451 of the | 2110 |
Revised Code, to be eligible to receive a license to practice as a | 2111 |
physical therapist assistant, an applicant must pass both of the | 2112 |
following: | 2113 |
(A) A national physical therapy examination for physical | 2114 |
therapist assistants approved by the physical therapy section of | 2115 |
the Ohio occupational therapy, physical therapy, and athletic | 2116 |
trainers board. | 2117 |
(B) A jurisprudence examination approved by the physical | 2118 |
therapy section on Ohio's laws and rules governing the practice of | 2119 |
physical therapy. | 2120 |
Sec. 4755.44. If an applicant passes the examination or | 2121 |
examinations required under section 4755.43 of the Revised Code | 2122 |
and pays the fee required by division (B) of section 4755.42 of | 2123 |
the Revised Code, the physical therapy section of the Ohio | 2124 |
occupational therapy, physical therapy, and athletic trainers | 2125 |
board shall issue a license, attested by the seal of the board, to | 2126 |
the applicant to practice as a physical therapist. | 2127 |
Sec. 4755.441. If an applicant passes the examination or | 2128 |
examinations required under section 4755.431 of the Revised Code | 2129 |
and pays the fee required by division (B) of section 4755.421 of | 2130 |
the Revised Code, the physical therapy section of the Ohio | 2131 |
occupational therapy, physical therapy, and athletic trainers | 2132 |
board shall issue a license, attested by the seal of the board, to | 2133 |
the applicant to practice as physical therapist assistant. | 2134 |
Sec. 4755.45. (A) The physical therapy section of the Ohio | 2135 |
occupational therapy, physical therapy, and athletic trainers | 2136 |
board | 2137 |
physical
therapist | 2138 |
requiring the applicant to have passed the national examination | 2139 |
2140 | |
2141 | |
section 4755.43 of the Revised Code within one year of filing an | 2142 |
application described in section 4755.42 of the Revised Code if | 2143 |
all of the following are true: | 2144 |
| 2145 |
the physical therapy section that the applicant received a score | 2146 |
on the national physical therapy examination described in division | 2147 |
(A) of section 4755.43 of the Revised Code that would have been a | 2148 |
passing score according to the board in the year the applicant sat | 2149 |
for the examination; | 2150 |
(2) The applicant presents evidence satisfactory to the | 2151 |
physical therapy section that the applicant passed the | 2152 |
jurisprudence examination described in division (B) of section | 2153 |
4755.43 of the Revised Code; | 2154 |
(3) The applicant | 2155 |
2156 | |
2157 | |
2158 | |
2159 | |
2160 | |
or registration to practice physical therapy in another state or | 2161 |
country; | 2162 |
(4) Subject to division (B) of this section, the applicant | 2163 |
can demonstrate that the applicant's education is reasonably | 2164 |
equivalent to the educational requirements that were in force for | 2165 |
licensure in
this state | 2166 |
| 2167 |
2168 | |
2169 | |
2170 | |
registration in the other state or country; | 2171 |
(5) The applicant pays the fee described in division (B) of | 2172 |
section 4755.42 of the Revised Code; | 2173 |
(6) The applicant is not in violation of any section of this | 2174 |
chapter or rule adopted under it. | 2175 |
(B) For purposes of division (A)(4) of this section, the | 2176 |
section shall find an applicant's education to be reasonably | 2177 |
equivalent to the educational requirements that were in force for | 2178 |
licensure in this state on the date of the applicant's initial | 2179 |
licensure or registration in the other state or foreign country if | 2180 |
all of the following are true: | 2181 |
(1) The applicant obtains a favorable credential evaluation | 2182 |
conducted by one of the credentialing organizations identified by | 2183 |
the section in rules adopted under section 4755.441 of the Revised | 2184 |
Code or presents other evidence identified by the section in rules | 2185 |
adopted under section 4755.441 of the Revised Code; | 2186 |
(2) The section determines that the credentialing | 2187 |
organization does all of the following: | 2188 |
(a) Utilizes customary and standard practices in its | 2189 |
determination of equivalence; | 2190 |
(b) Appropriately assigns credit hours for courses completed; | 2191 |
(c) Utilizes the section's course evaluation tool in | 2192 |
determining its coursework calculations. | 2193 |
Sec. 4755.451. The physical therapy section of the Ohio | 2194 |
occupational therapy, physical therapy, and athletic trainers | 2195 |
board shall issue to an applicant a license as a physical | 2196 |
therapist assistant without requiring the applicant to have passed | 2197 |
the national examination for physical therapist assistants | 2198 |
described in division (A) of section 4755.431 of the Revised Code | 2199 |
within one year of filing an application described in section | 2200 |
4755.421 of the Revised Code if all of the following are true: | 2201 |
(A) The applicant presents evidence satisfactory to the | 2202 |
physical therapy section that the applicant received a score on | 2203 |
the national physical therapy examination described in division | 2204 |
(A) of section 4755.431 of the Revised Code that would have been a | 2205 |
passing score according to the board in the year the applicant sat | 2206 |
for the examination; | 2207 |
(B) The applicant presents evidence satisfactory to the | 2208 |
physical therapy section that the applicant passed the | 2209 |
jurisprudence examination described in division (B) of section | 2210 |
4755.431 of the Revised Code; | 2211 |
(C) The applicant holds a current and valid license or | 2212 |
registration to practice as a physical therapist assistant in | 2213 |
another state or country; | 2214 |
(D) The applicant can demonstrate that the applicant's | 2215 |
education is reasonably equivalent to the educational requirements | 2216 |
that were in force for licensure in this state on the date of the | 2217 |
applicant's initial licensure or registration in the other state | 2218 |
or country; | 2219 |
(E) The applicant pays the fee described in division (B) of | 2220 |
section 4755.421 of the Revised Code; | 2221 |
(F) The applicant is not in violation of any section of this | 2222 |
chapter or rule adopted under it. | 2223 |
Sec. 4755.46. (A) Every | 2224 |
2225 | |
2226 | |
2227 | |
2228 | |
2229 | |
2230 | |
2231 | |
2232 | |
2233 | |
2234 | |
therapist assistant expires biennally in accordance with the | 2235 |
schedule established in rules adopted by the physical therapy | 2236 |
section of the Ohio occupational therapy, physical therapy, and | 2237 |
athletic trainers board under section 4755.411 of the Revised | 2238 |
Code. | 2239 |
Each individual holding a valid and current license may apply | 2240 |
to the physical therapy section to renew the license in accordance | 2241 |
with rules adopted by the board under section 4755.411 of the | 2242 |
Revised Code. Each application for license renewal shall be | 2243 |
accompanied by | 2244 |
2245 | |
2246 | |
2247 | |
dollars and, if applicable, the applicant's
signed statement that | 2248 |
2249 | |
2250 | |
education required | 2251 |
4755.551 of the Revised Code within the time frame established in | 2252 |
rules adopted by the physical therapy section under section | 2253 |
4755.411 of the Revised Code. | 2254 |
A license that is not renewed by the | 2255 |
2256 | |
in rules shall automatically expire on
that date. | 2257 |
2258 | |
2259 | |
2260 | |
2261 |
(B) Each licensee shall report to the section in writing a | 2262 |
change in name, business address, or home address not later than | 2263 |
thirty days after the date of the change. | 2264 |
Sec. 4755.47. (A) In accordance with Chapter 119. of the | 2265 |
Revised Code, the physical therapy section of the Ohio | 2266 |
occupational therapy, physical therapy, and athletic trainers | 2267 |
board may refuse to grant a license to an applicant for an initial | 2268 |
or renewed license as a physical therapist or physical therapist | 2269 |
assistant or, by an affirmative vote of | 2270 |
five members, may limit, suspend, or revoke the license of a | 2271 |
physical therapist or physical therapist assistant or reprimand, | 2272 |
fine, or place a license holder on probation, on any of the | 2273 |
following grounds: | 2274 |
(1) Habitual indulgence in the use of controlled substances, | 2275 |
other habit-forming drugs, or alcohol to an extent that affects | 2276 |
the individual's professional competency; | 2277 |
(2) Conviction of a felony or a crime involving moral | 2278 |
turpitude, regardless of the state or country in which the | 2279 |
conviction occurred; | 2280 |
(3) Obtaining or attempting to obtain a license issued by the | 2281 |
physical therapy section by fraud or deception, including the | 2282 |
making of a false, fraudulent, deceptive, or misleading statement; | 2283 |
(4) An adjudication by a court, as provided in section | 2284 |
5122.301 of the Revised Code, that the applicant or licensee is | 2285 |
incompetent for the purpose of holding the license and has not | 2286 |
thereafter been restored to legal capacity for that purpose; | 2287 |
(5) Subject to section 4755.471 of the Revised Code, | 2288 |
violation of the code of ethics | 2289 |
physical therapy | 2290 |
(6) | 2291 |
or indirectly, or assisting in or abetting the violation of or | 2292 |
conspiring to violate sections 4755.40 to 4755.56 of the Revised | 2293 |
Code or any order issued or rule adopted under those sections; | 2294 |
(7) Failure of one or both of the | 2295 |
examinations required under section 4755.43 or 4755.431 of the | 2296 |
Revised Code; | 2297 |
(8) | 2298 |
2299 | |
group, or corporation when the one permitting the use is not | 2300 |
directing the treatment given; | 2301 |
(9) | 2302 |
2303 | |
2304 | |
revocation, suspension, or restriction of authority to practice a | 2305 |
health care occupation, including physical therapy, for any reason | 2306 |
other than a failure to renew, in Ohio or another state or | 2307 |
jurisdiction; | 2308 |
(10) Failure to maintain minimal standards of practice in the | 2309 |
administration or handling of drugs, as defined in section 4729.01 | 2310 |
of the Revised Code, or failure to employ acceptable scientific | 2311 |
methods in the selection of drugs, as defined in section 4729.01 | 2312 |
of the Revised Code, or other modalities for treatment; | 2313 |
(11) Willful betrayal of a professional confidence; | 2314 |
(12) Making a false, fraudulent, deceptive, or misleading | 2315 |
statement in the solicitation of or advertising for patients in | 2316 |
relation to the practice of physical therapy; | 2317 |
(13) A departure from, or the failure to conform to, minimal | 2318 |
standards of care required of licensees when under the same or | 2319 |
similar circumstances, whether or not actual injury to a patient | 2320 |
is established; | 2321 |
(14) Obtaining, or attempting to obtain, money or anything of | 2322 |
value by fraudulent misrepresentations in the course of practice; | 2323 |
(15) Violation of the conditions of limitation or agreements | 2324 |
placed by the physical therapy section on a license to practice; | 2325 |
(16) Failure to renew a license in accordance with section | 2326 |
4755.46 of the Revised Code; | 2327 |
(17) Except as provided in section 4755.471 of the Revised | 2328 |
Code, engaging in the division of fees for referral of patients or | 2329 |
receiving anything of value in return for a specific referral of a | 2330 |
patient to utilize a particular service or business; | 2331 |
(18) Inability to practice according to acceptable and | 2332 |
prevailing standards of care because of mental illness or physical | 2333 |
illness, including physical deterioration that adversely affects | 2334 |
cognitive, motor, or perception skills; | 2335 |
(19) The revocation, suspension, restriction, or termination | 2336 |
of clinical privileges by the United States department of defense | 2337 |
or department of veterans affairs; | 2338 |
(20) Termination or suspension from participation in the | 2339 |
medicare or medicaid program established under Title XVIII and | 2340 |
Title XIX, respectively, of the "Social Security Act," 49 Stat. | 2341 |
620 (1935), 42 U.S.C. 301, as amended, for an act or acts that | 2342 |
constitute a violation of sections 4755.40 to 4755.56 of the | 2343 |
Revised Code; | 2344 |
(21) Failure of a physical therapist to maintain supervision | 2345 |
of a student, physical therapist assistant, unlicensed support | 2346 |
personnel, other assistant personnel, or a license applicant in | 2347 |
accordance with the requirements of sections 4755.40 to 4755.56 of | 2348 |
the Revised Code and rules adopted under those sections; | 2349 |
(22) Failure to complete continuing education requirements as | 2350 |
prescribed in section 4755.51 or 4755.511 of the Revised Code or | 2351 |
to satisfy any rules applicable to continuing education | 2352 |
requirements that are adopted by the physical therapy section; | 2353 |
(23) Conviction of a misdemeanor when the act that | 2354 |
constitutes the misdemeanor occurs during the practice of physical | 2355 |
therapy; | 2356 |
(24)(a) Except as provided in division (A)(24)(b) of this | 2357 |
section, failure to cooperate with an investigation conducted by | 2358 |
the physical therapy section, including failure to comply with a | 2359 |
subpoena or orders issued by the section or failure to answer | 2360 |
truthfully a question presented by the section at a deposition or | 2361 |
in written interrogatories. | 2362 |
(b) Failure to cooperate with an investigation does not | 2363 |
constitute grounds for discipline under this section if a court of | 2364 |
competent jurisdiction issues an order that either quashes a | 2365 |
subpoena or permits the individual to withhold the testimony or | 2366 |
evidence at issue. | 2367 |
(25) Regardless of whether the contact or verbal behavior is | 2368 |
consensual, engaging with a patient other than the spouse of the | 2369 |
physical therapist or physical therapist assistant, in any of the | 2370 |
following: | 2371 |
(a) Sexual contact, as defined in section 2907.01 of the | 2372 |
Revised Code; | 2373 |
(b) Verbal behavior that is sexually demeaning to the patient | 2374 |
or may be reasonably interpreted by the patient as sexually | 2375 |
demeaning. | 2376 |
(26) Failure to notify the physical therapy section of a | 2377 |
change in name, business address, or home address within thirty | 2378 |
days after the date of change; | 2379 |
(27) Except as provided in division (B) of this section: | 2380 |
(a) Waiving the payment of all or any part of a deductible or | 2381 |
copayment that a patient, pursuant to a health insurance or health | 2382 |
care policy, contract, or plan that covers physical therapy, would | 2383 |
otherwise be required to pay if the waiver is used as an | 2384 |
enticement to a patient or group of patients to receive health | 2385 |
care services from that provider; | 2386 |
(b) Advertising that the individual will waive the payment of | 2387 |
all or any part of a deductible or copayment that a patient, | 2388 |
pursuant to a health insurance or health care policy, contract, or | 2389 |
plan that covers physical therapy, would otherwise be required to | 2390 |
pay; | 2391 |
(28) Violation of any section of this chapter or rule adopted | 2392 |
under it. | 2393 |
(B) Sanctions shall not be imposed under
division (A) | 2394 |
of this section against any individual who waives deductibles and | 2395 |
copayments as follows: | 2396 |
(1) In compliance with the health benefit plan that expressly | 2397 |
allows such a practice. Waiver of the deductibles or copayments | 2398 |
shall be made only with the full knowledge and consent of the plan | 2399 |
purchaser, payer, and third-party administrator. Documentation of | 2400 |
the consent shall be made available to the physical therapy | 2401 |
section upon request. | 2402 |
(2) For professional services rendered to any other person | 2403 |
licensed pursuant to sections 4755.40 to 4755.56 of the Revised | 2404 |
Code to the extent allowed by those sections and the rules of the | 2405 |
physical therapy section. | 2406 |
(C) When a license is revoked under this section, application | 2407 |
for reinstatement may not be made sooner than one year after the | 2408 |
date of revocation. The physical therapy section may accept or | 2409 |
refuse an application for reinstatement and may require that the | 2410 |
applicant pass an examination as a condition for reinstatement. | 2411 |
When a license holder is placed on probation under this | 2412 |
section, the physical therapy section's order for placement on | 2413 |
probation shall be accompanied by a statement of the conditions | 2414 |
under which the individual may be removed from probation and | 2415 |
restored to unrestricted practice. | 2416 |
(D) When an application for an initial or renewed license is | 2417 |
refused under this section, the physical therapy section shall | 2418 |
notify the applicant in writing of the section's decision to | 2419 |
refuse issuance of a license and the reason for its decision. | 2420 |
(E) On receipt of a complaint that a person licensed by the | 2421 |
physical therapy section has committed any of the actions listed | 2422 |
in division (A) of this section, the physical therapy section may | 2423 |
immediately suspend the license of the physical therapist or | 2424 |
physical therapist assistant prior to holding a hearing in | 2425 |
accordance with Chapter 119. of the Revised Code if it determines, | 2426 |
based on the complaint, that the person poses an immediate threat | 2427 |
to the public. The physical therapy section shall notify the | 2428 |
person of the suspension in accordance with section 119.07 of the | 2429 |
Revised Code. If the person fails to make a timely request for an | 2430 |
adjudication under Chapter 119. of the Revised Code, the physical | 2431 |
therapy section shall enter a final order permanently revoking the | 2432 |
person's license. | 2433 |
Sec. 4755.48. (A) No person shall employ fraud or deception | 2434 |
in applying for or securing a license to practice physical therapy | 2435 |
or to be a physical therapist assistant. | 2436 |
(B) No person shall practice or in any way imply or claim to | 2437 |
the public by words, actions, or the use of letters as described | 2438 |
in division (C) of this section to be able to practice physical | 2439 |
therapy or to provide physical therapy services, including | 2440 |
practice as a physical therapist assistant, unless the person | 2441 |
holds a valid license under sections 4755.40 to 4755.56 of the | 2442 |
Revised Code or except for submission of claims as provided in | 2443 |
section 4755.56 of the Revised Code. | 2444 |
(C) No person shall use the words or letters, physical | 2445 |
therapist, physical therapy, physical therapy services, | 2446 |
physiotherapist, physiotherapy, physiotherapy services, licensed | 2447 |
physical therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T., | 2448 |
D.P.T., M.S.P.T., P.T.A., physical therapy assistant, physical | 2449 |
therapist assistant, physical therapy technician, licensed | 2450 |
physical therapist assistant, L.P.T.A., R.P.T.A., or any other | 2451 |
letters, words, abbreviations, or insignia, indicating or implying | 2452 |
that the person is a physical therapist or physical therapist | 2453 |
assistant without a valid license under sections 4755.40 to | 2454 |
4755.56 of the Revised Code. | 2455 |
(D) No person who practices physical therapy or assists in | 2456 |
the provision of physical therapy treatments under the supervision | 2457 |
of a physical therapist shall fail to display the person's current | 2458 |
license granted under sections 4755.40 to 4755.56 of the Revised | 2459 |
Code in a conspicuous location in the place where the person | 2460 |
spends the major part of the person's time so engaged. | 2461 |
(E) Nothing in sections 4755.40 to 4755.56 of the Revised | 2462 |
Code shall affect or interfere with the performance of the duties | 2463 |
of any physical therapist or physical therapist assistant in | 2464 |
active service in the army, navy, coast guard, marine corps, air | 2465 |
force, public health service, or marine hospital service of the | 2466 |
United States, while so serving. | 2467 |
(F) Nothing in sections 4755.40 to 4755.56 of the Revised | 2468 |
Code shall prevent or restrict the activities or services of a | 2469 |
person pursing a course of study leading to a degree in physical | 2470 |
therapy in an accredited or approved educational program if the | 2471 |
activities or services constitute a part of a supervised course of | 2472 |
study and the person is designated by a title that clearly | 2473 |
indicates the person's status as a student. | 2474 |
(G) No person shall practice physical therapy other than on | 2475 |
the prescription of, or the referral of a patient by, a person who | 2476 |
is licensed in this or another state to practice medicine and | 2477 |
surgery, chiropractic, dentistry, osteopathic medicine and | 2478 |
surgery, podiatric medicine and surgery, or to practice nursing as | 2479 |
a certified registered nurse anesthetist, clinical nurse | 2480 |
specialist, certified nurse-midwife, or certified nurse | 2481 |
practitioner, within the scope of such practices, and whose | 2482 |
license is in good standing, unless either of the following | 2483 |
conditions is met: | 2484 |
(1) The person holds a master's or doctorate degree from a | 2485 |
professional physical therapy program that is accredited by a | 2486 |
national physical therapy accreditation agency recognized by the | 2487 |
United States department of education | 2488 |
2489 |
(2) On or before December 31, 2004, the person has completed | 2490 |
at least two years of practical experience as a licensed physical | 2491 |
therapist. | 2492 |
| 2493 |
division (B) or (C) of this section, it is not necessary to allege | 2494 |
or prove want of a valid license to practice physical therapy or | 2495 |
to practice as a physical therapist assistant, but such matters | 2496 |
shall be a matter of defense to be established by the accused. | 2497 |
(I) Nothing in sections 4755.40 to 4755.56 of the Revised | 2498 |
Code requires a person who teaches, seeks to teach, or serves as a | 2499 |
teaching assistant in a nonphysical therapy theory and procedures | 2500 |
course in physical therapy education to obtain a license to | 2501 |
practice as a physical therapist or physical therapist assistant. | 2502 |
Sec. 4755.482. (A) A person who is registered or licensed as | 2503 |
a physical therapist under the laws of another state shall not | 2504 |
teach a physical therapy theory and procedures course in physical | 2505 |
therapy education for more than one year without obtaining a | 2506 |
license as a physical therapist from the physical therapy section | 2507 |
of the Ohio occupational therapy, physical therapy, and athletic | 2508 |
trainers board. | 2509 |
(B) A person who is registered or licensed as a physical | 2510 |
therapist under the laws of a foreign country and is not | 2511 |
registered or licensed as a physical therapist in any state shall | 2512 |
not teach a physical therapy theory and procedures course in | 2513 |
physical therapy education without the supervision of a physical | 2514 |
therapist who holds a valid license from the physical therapy | 2515 |
section for more than one year. | 2516 |
Sec. 4755.50. Nothing in this chapter shall be construed to | 2517 |
prevent or restrict the practice of any person who is a licensed | 2518 |
health care professional in this state while practicing within the | 2519 |
scope of
| 2520 |
and ethics of
| 2521 |
employed by or acting under the
supervision of
| 2522 |
health care professional. Services rendered by a person acting | 2523 |
under the supervision or in the employment of a licensed health | 2524 |
care professional shall not be designated physical therapy. | 2525 |
Sec. 4755.51. On and after March 28, 1993, except in the | 2526 |
case of a first license renewal, a physical therapist is eligible | 2527 |
for renewal of | 2528 |
physical therapist has completed twenty-four units of continuing | 2529 |
education in one or more courses, activities, or programs approved | 2530 |
by the physical therapy section of the Ohio occupational therapy, | 2531 |
physical therapy, and athletic trainers board. | 2532 |
| 2533 |
2534 | |
2535 | |
2536 | |
2537 |
On request of the physical therapy section, an applicant for | 2538 |
license renewal shall submit evidence satisfactory to the section | 2539 |
of completion of the
required
continuing physical therapy | 2540 |
2541 |
Sec. 4755.511. On and after March 28, 1991, except in the | 2542 |
case of a first license renewal, a physical therapist assistant is | 2543 |
eligible for renewal of the physical therapist assistant's license | 2544 |
only if the physical therapist assistant has completed twelve | 2545 |
units of continuing education in one or more courses, activities, | 2546 |
or programs approved by the physical therapy section of the Ohio | 2547 |
occupational therapy, physical therapy, and athletic trainers | 2548 |
board. | 2549 |
On request of the physical therapy section, an applicant for | 2550 |
license renewal shall submit evidence satisfactory to the section | 2551 |
of completion of the required continuing physical therapist | 2552 |
assistant education. | 2553 |
Sec. 4755.52. (A) In accordance with Chapter 119. of the | 2554 |
Revised Code, the physical therapy section of the Ohio | 2555 |
occupational therapy, physical therapy, and athletic trainers | 2556 |
board shall adopt rules specifying standards, in addition to the | 2557 |
standards specified by division (B) of this section, for approval | 2558 |
of continuing education courses, programs, and activities for | 2559 |
physical therapists and physical therapist assistants. | 2560 |
(B) To be eligible for approval by the physical therapy | 2561 |
section, a continuing education course, program, or activity shall | 2562 |
meet all of the following requirements: | 2563 |
(1) Include significant intellectual or practical content, | 2564 |
the primary objective of which is to improve the professional | 2565 |
competence of the participant; | 2566 |
(2) Be an organized program of learning dealing with matters | 2567 |
directly related to the practice of physical therapy, professional | 2568 |
responsibility, ethical obligations, or similar subjects that the | 2569 |
section determines maintain and improve the quality of physical | 2570 |
therapy services in this state; | 2571 |
(3) Consist of in-person instruction or other methods of | 2572 |
instruction, including the use of self-study materials prepared | 2573 |
and conducted by an individual or a group qualified by practical | 2574 |
or academic experience as determined by the section; | 2575 |
(4) Be presented in a setting physically suited to the | 2576 |
educational activity of the course, program, or activity; | 2577 |
(5) Include thorough, high-quality written material; | 2578 |
(6) Meet any other standards established by rule of the | 2579 |
section adopted under division (A) of this section. | 2580 |
(C) The physical therapy section shall review physical | 2581 |
therapy continuing education programs, courses, and activities and | 2582 |
grant approval to those that meet the standards established under | 2583 |
divisions (A) and (B) of this section. If the section denies | 2584 |
approval of a course, program, or activity, it shall give a | 2585 |
written explanation of the reason for denial to the person | 2586 |
requesting approval. | 2587 |
The physical therapy section may approve continuing education | 2588 |
courses, programs, and activities that have been
approved by | 2589 |
2590 | |
physical therapists and physical therapist assistants if the | 2591 |
section determines that the standards for continuing education | 2592 |
courses established by | 2593 |
to those established pursuant to this section. | 2594 |
The physical therapy section may contract with the Ohio | 2595 |
chapter of the American physical therapy association for | 2596 |
assistance in performance of the section's duties under this | 2597 |
section. | 2598 |
Sec. 4755.56. (A) As used in this section: | 2599 |
(1) "Governmental health care program" has the same meaning | 2600 |
as in section 4731.65 of the Revised Code. | 2601 |
(2) "Third-party payer" has the same meaning as in section | 2602 |
3901.38 of the Revised Code. | 2603 |
(B)(1) Except as provided in division (B)(2) of this section, | 2604 |
each person and governmental entity, when submitting to a | 2605 |
governmental health care program or third-party payer a claim for | 2606 |
payment for services rendered in this state that are designated in | 2607 |
the claim as physical therapy, shall specify in the claim one of | 2608 |
the following: | 2609 |
(a) The | 2610 |
of the physical therapist licensed under this chapter who rendered | 2611 |
the services that is assigned by the United States secretary of | 2612 |
health and human services to the physical therapist pursuant to 45 | 2613 |
C.F.R. 162.406; | 2614 |
(b) The | 2615 |
identifier of the health care professional who rendered the | 2616 |
services in accordance with section 4755.50 of the Revised Code | 2617 |
that is assigned by the United States secretary of health and | 2618 |
human services to the health care professional pursuant to 45 | 2619 |
C.F.R. 162.406. | 2620 |
(2) The requirement of division (B)(1) of this section to | 2621 |
specify | 2622 |
claims for services designated as physical therapy does not apply | 2623 |
to a hospital, as defined in section 3727.01 of the Revised Code, | 2624 |
or to any entity submitting a claim on behalf of a hospital unless | 2625 |
otherwise required by federal law. | 2626 |
(C) Each physical therapist licensed under this chapter who | 2627 |
renders or supervises physical therapy, and each health care | 2628 |
professional licensed in this state who renders services in | 2629 |
accordance with section 4755.50 of the Revised Code designated as | 2630 |
physical therapy, shall provide a patient, when the patient is | 2631 |
responsible for submitting a claim to a governmental health care | 2632 |
program or third-party payer, with | 2633 |
physical therapist's or health care professional's national | 2634 |
provider identifier and a written explanation of the provisions of | 2635 |
divisions (B)(1) and (D) of this section. | 2636 |
(D) A governmental health care program or third-party payer | 2637 |
is not required to pay a claim for payment for services designated | 2638 |
as physical therapy that does not specify the | 2639 |
national provider identifiers required by division (B)(1) of this | 2640 |
section. If the claim was submitted by the physical therapist who | 2641 |
rendered or supervised the services, another health care | 2642 |
professional who rendered or supervised the services in accordance | 2643 |
with section 4755.50 of the Revised Code, or an entity other than | 2644 |
a patient on behalf of the therapist or health care professional, | 2645 |
the patient is not required to pay any amount for the services | 2646 |
specified in the claim. | 2647 |
Sec. 4755.61. (A) The athletic trainers section of the Ohio | 2648 |
occupational therapy, physical therapy, and athletic trainers | 2649 |
board shall: | 2650 |
(1) Adopt rules, not inconsistent with this chapter, for the | 2651 |
licensure of athletic trainers, including rules that specify the | 2652 |
application form and educational course work and clinical | 2653 |
experience requirements for licensure; | 2654 |
(2) Establish fees in accordance with division (B) of this | 2655 |
section and section | 2656 |
license and examination fees; | 2657 |
(3) Conduct hearings, keep records of its proceedings, and do | 2658 |
all things necessary and proper to administer and enforce sections | 2659 |
2660 |
(4) Publish and make available, upon request and for a fee | 2661 |
not to exceed the actual cost of printing and mailing, the | 2662 |
requirements for the issuance of an athletic trainers license | 2663 |
under this chapter and the rules adopted thereunder; | 2664 |
(5) Maintain a register of every person licensed to practice | 2665 |
athletic training in this state, including the addresses of the | 2666 |
licensee's last known place of business and residence, and the | 2667 |
effective date and identification number of the person's license. | 2668 |
The | 2669 |
upon request and payment of a fee not to exceed the actual cost of | 2670 |
printing and mailing. | 2671 |
(6) Publish and make available, upon request and for a fee | 2672 |
not to exceed the actual cost of printing and mailing, a list of | 2673 |
persons who passed the examination required under section 4755.62 | 2674 |
of the Revised Code; | 2675 |
(7) Investigate complaints concerning alleged violations of | 2676 |
section 4755.62 of the Revised Code or other grounds for the | 2677 |
suspension, revocation, or refusal to issue a license under | 2678 |
section 3123.47 or 4755.64 of the Revised Code. In connection with | 2679 |
its investigations, the athletic trainers section may subpoena | 2680 |
witnesses, issue subpoenas, examine witnesses, administer oaths, | 2681 |
and, under the direction of the executive | 2682 |
the board, investigate complaints and make inspections and other | 2683 |
inquiries as in the judgment of the section are appropriate to | 2684 |
enforce
sections 3123.41 to 3123.50 | 2685 |
chapter of the Revised Code. The section may review and audit the | 2686 |
records of any licensee during normal business hours at the | 2687 |
licensee's place of business or at any other place where the | 2688 |
licensee's records are kept. Notwithstanding section 149.43 of the | 2689 |
Revised Code, the athletic trainers section and its employees, | 2690 |
except pursuant to a court order, shall maintain in confidence all | 2691 |
information obtained. | 2692 |
(8) Adopt rules governing the nature and scope of the | 2693 |
examination required under section 4755.62 of the Revised Code and | 2694 |
the reexamination required under section 4755.63 of the Revised | 2695 |
Code and the minimum examination score for licensure or renewal | 2696 |
thereof. The rules for the examination required under section | 2697 |
4755.62 of the Revised Code shall ensure the testing of the | 2698 |
applicant's knowledge of the basic and clinical sciences relating | 2699 |
to athletic training theory and practice, including professional | 2700 |
skills and judgment in the utilization of athletic training | 2701 |
techniques and such other subjects as the athletic trainers | 2702 |
section | 2703 |
practice athletic training. | 2704 |
(9) Conduct the examination required under section 4755.62 of | 2705 |
the Revised Code at least twice a year at a time and place and | 2706 |
under such supervision as the athletic trainers section | 2707 |
2708 |
(10) Adopt rules to determine which states' standards for | 2709 |
licensure are equal to or greater than this state's for the | 2710 |
purpose of waiving requirements under division (D) of section | 2711 |
4755.62 of the Revised Code; | 2712 |
(11) Adopt rules to determine which examinations meet the | 2713 |
requirements of division (E) of section 4755.62 of the Revised | 2714 |
Code; | 2715 |
(12) Adopt rules establishing the standards of ethical | 2716 |
conduct for licensed athletic trainers under this chapter; | 2717 |
(13) Adopt rules | 2718 |
of the continuing education courses that are acceptable to the | 2719 |
athletic trainers section and the number of courses that must be | 2720 |
completed to comply with the requirement for renewal of a license | 2721 |
under section 4755.63 of the Revised Code. | 2722 |
(14) Adopt rules establishing the schedule when licenses to | 2723 |
practice as an athletic trainer expire during a biennium for | 2724 |
purposes of section 4755.63 of the Revised Code. | 2725 |
(B) The fees adopted by the athletic trainers section | 2726 |
2727 | |
established and adjusted as required to provide sufficient | 2728 |
revenues to meet the expenses of the section in administering | 2729 |
sections | 2730 |
shall include: | 2731 |
(1) A nonrefundable examination fee, not to exceed the amount | 2732 |
necessary to cover the expense of administering the examination; | 2733 |
(2) An initial license fee; | 2734 |
(3) A biennial license renewal fee; | 2735 |
(4) A late renewal penalty, not to exceed fifty per cent of | 2736 |
the renewal fee. | 2737 |
The athletic trainers section | 2738 |
provide for the waiver of all or part of a license fee if the | 2739 |
license is issued less than one hundred days before its expiration | 2740 |
date. | 2741 |
(C) All rules under sections | 2742 |
the Revised Code shall be adopted by the athletic trainers section | 2743 |
2744 |
Sec. 4755.62. (A) No person shall claim to the public to be | 2745 |
an athletic trainer or imply by words, actions, or letters that | 2746 |
the person is an athletic trainer, or otherwise engage in the | 2747 |
practice of athletic training, unless the person is licensed as an | 2748 |
athletic trainer pursuant to this chapter. | 2749 |
(B) Except as otherwise provided in division (B) of section | 2750 |
4755.65 of the Revised Code, no educational institution, | 2751 |
partnership, association, or corporation shall advertise or | 2752 |
otherwise offer to provide or convey the impression that it is | 2753 |
providing athletic training unless an individual licensed as an | 2754 |
athletic trainer pursuant to this chapter is employed by, or under | 2755 |
contract to, the educational institution, partnership, | 2756 |
association, or corporation and will be performing the athletic | 2757 |
training services to which reference is made. | 2758 |
(C) To qualify for an athletic trainers license, a person | 2759 |
shall: | 2760 |
(1) Have satisfactorily completed an application for | 2761 |
licensure in accordance with rules adopted by the athletic | 2762 |
trainers section of the Ohio occupational therapy, physical | 2763 |
therapy, and athletic trainers board under section 4755.61 of the | 2764 |
Revised Code; | 2765 |
(2) Have paid the examination fee required under this | 2766 |
section; | 2767 |
(3) | 2768 |
2769 |
| 2770 |
| 2771 |
trainers section | 2772 |
baccalaureate or higher degree from an institution of higher | 2773 |
education, approved by the athletic trainers section of the board | 2774 |
and the federal regional accreditation agency and recognized by | 2775 |
the council on postsecondary accreditation, and has satisfactorily | 2776 |
completed | 2777 |
2778 | |
2779 | |
2780 | |
by rule of the athletic trainers section under
| 2781 |
section 4755.61 of the Revised Code. | 2782 |
| 2783 |
have | 2784 |
experience | 2785 |
requirements established in rules adopted by the athletic trainers | 2786 |
section under section 4755.61 of the Revised Code; | 2787 |
| 2788 |
trainers section | 2789 |
4755.61 of the Revised Code. Each applicant for licensure shall | 2790 |
pay, at the time of application, the nonrefundable examination fee | 2791 |
set by the athletic trainers section. | 2792 |
(D) The section may waive the requirements of division (C) of | 2793 |
this section for any applicant who presents proof of current | 2794 |
licensure in another state whose standards for licensure, as | 2795 |
determined by the | 2796 |
those in effect in this state on the date of application. | 2797 |
(E) The section shall issue a license to every applicant who | 2798 |
complies with the requirements of division (C) of this section, | 2799 |
files the required application form, and pays the fees required by | 2800 |
section 4755.61 of the Revised Code. A license issued under this | 2801 |
section entitles the holder to engage in the practice of athletic | 2802 |
training, claim to the public to be an athletic trainer, or to | 2803 |
imply by words or letters that the licensee is an athletic | 2804 |
trainer. Each licensee shall display the licensee's license in a | 2805 |
conspicuous place at the licensee's principal place of employment. | 2806 |
Sec. 4755.63. Each license issued under section 4755.62 of | 2807 |
the Revised Code
expires | 2808 |
biennially in accordance with the schedule established in rules | 2809 |
adopted by the athletic trainers section of the Ohio occupational | 2810 |
therapy, physical therapy, and athletic trainers board under | 2811 |
section 4755.61 of the Revised Code, but each person holding a | 2812 |
valid, unexpired license may apply to the athletic trainers | 2813 |
section | 2814 |
2815 | |
approved by the section, for license renewal. The section shall | 2816 |
renew a license upon the payment of the license renewal fee | 2817 |
prescribed by section 4755.61 of the Revised Code, submission of | 2818 |
the renewal application, and submission to the section of proof of | 2819 |
satisfactory completion of | 2820 |
number of
continuing education courses | 2821 |
2822 | |
under section 4755.61 of the Revised Code. | 2823 |
Sec. 4755.64. (A) In accordance with Chapter 119. of the | 2824 |
Revised Code, the athletic trainers section of the Ohio | 2825 |
occupational therapy, physical therapy, and athletic trainers | 2826 |
board may suspend, revoke, or refuse to issue or renew an athletic | 2827 |
trainers license, or reprimand, fine, or place a licensee on | 2828 |
probation, for any of the following: | 2829 |
(1) Conviction of | 2830 |
turpitude, regardless of the state or country in which the | 2831 |
conviction occurred; | 2832 |
(2) Violation of sections 4755.61 to 4755.65 of the Revised | 2833 |
Code or any order issued or rule adopted thereunder; | 2834 |
(3) Obtaining a license through fraud, false or misleading | 2835 |
representation, or concealment of material facts; | 2836 |
(4) Negligence or gross misconduct in the practice of | 2837 |
athletic training; | 2838 |
(5) Violating the standards of ethical conduct in the | 2839 |
practice of athletic training as adopted by the athletic trainers | 2840 |
section under section 4755.61 of the Revised Code; | 2841 |
(6) Using any controlled substance or alcohol to the extent | 2842 |
that the ability to practice athletic training at a level of | 2843 |
competency is impaired; | 2844 |
(7) Practicing in an area of athletic training for which the | 2845 |
individual is | 2846 |
practicing without the referral of a practitioner licensed under | 2847 |
Chapter 4731. of the Revised Code, a dentist licensed under | 2848 |
Chapter 4715. of the Revised Code, a chiropractor licensed under | 2849 |
Chapter 4734. of the Revised Code, or a physical therapist | 2850 |
licensed under this chapter; | 2851 |
(8) Employing, directing, or supervising a person in the | 2852 |
performance of athletic training procedures who is not authorized | 2853 |
to practice as a licensed athletic trainer under this chapter; | 2854 |
(9) Misrepresenting educational attainments or the functions | 2855 |
the individual is authorized to perform for the purpose of | 2856 |
obtaining some benefit related to the individual's athletic | 2857 |
training practice; | 2858 |
(10) Failing the licensing examination; | 2859 |
(11) Aiding or abetting the unlicensed practice of athletic | 2860 |
training; | 2861 |
(12) | 2862 |
2863 | |
2864 | |
revocation, suspension, or restriction of authority to practice a | 2865 |
health care occupation, including athletic training, for any | 2866 |
reason other than a failure to renew, in Ohio or another state or | 2867 |
jurisdiction. | 2868 |
(B) If the athletic trainers section places a licensee on | 2869 |
probation under division (A) of this section, the section's order | 2870 |
for placement on probation shall be accompanied by a written | 2871 |
statement of the conditions under which the person may be removed | 2872 |
from probation and restored to unrestricted practice. | 2873 |
(C) A licensee whose license has been revoked under division | 2874 |
(A) of this section may apply to the athletic trainers section for | 2875 |
reinstatement of the license one year following the date of | 2876 |
revocation. The athletic trainers section may accept or deny the | 2877 |
application for reinstatement and may require that the applicant | 2878 |
pass an examination as a condition for reinstatement. | 2879 |
(D) On receipt of a complaint that a person licensed by the | 2880 |
athletic trainers section has committed any of the prohibited | 2881 |
actions listed in division (A) of this section, the section may | 2882 |
immediately suspend the license of a licensed athletic trainer | 2883 |
prior to holding a hearing in accordance with Chapter 119. of the | 2884 |
Revised Code if it determines, based on the complaint, that the | 2885 |
licensee poses an immediate threat to the public. The section | 2886 |
shall notify the licensed athletic trainer of the suspension in | 2887 |
accordance with section 119.07 of the Revised Code. If the | 2888 |
individual whose license is suspended fails to make a timely | 2889 |
request for an adjudication under Chapter 119. of the Revised | 2890 |
Code, the section shall enter a final order permanently revoking | 2891 |
the individual's license. | 2892 |
Sec. 4755.65. (A) Nothing in sections 4755.61 to 4755.64 of | 2893 |
the Revised Code shall be construed to prevent or restrict the | 2894 |
practice, services, or activities of any person who: | 2895 |
(1) Is an individual authorized under Chapter 4731. of the | 2896 |
Revised Code to practice medicine and surgery, osteopathic | 2897 |
medicine and surgery, or podiatry, a dentist licensed under | 2898 |
Chapter 4715. of the Revised Code, a chiropractor licensed under | 2899 |
Chapter 4734. of the Revised Code, a dietitian licensed under | 2900 |
Chapter 4759. of the Revised Code, a physical therapist licensed | 2901 |
under this chapter, or a qualified member of any other occupation | 2902 |
or profession practicing within the scope of the person's license | 2903 |
or profession and who does not claim to the public to be an | 2904 |
athletic trainer; | 2905 |
(2) Is employed as an athletic trainer by an agency of the | 2906 |
United States government and provides athletic training solely | 2907 |
under the direction or control of the agency by which the person | 2908 |
is employed; | 2909 |
(3) Is a student in | 2910 |
education program approved by the athletic trainers section | 2911 |
leading to a baccalaureate or higher degree from an accredited | 2912 |
college or university and is performing duties that are a part of | 2913 |
a supervised course of study; | 2914 |
(4) Is | 2915 |
athletic trainer in this state | 2916 |
practices or offers
to
practice athletic training | 2917 |
2918 | |
2919 | |
2920 | |
2921 |
| 2922 |
2923 | |
2924 |
| 2925 |
2926 | |
2927 | |
2928 | |
2929 | |
from outside the state or an event approved by the section for the | 2930 |
purpose of providing athletic training to the visiting team, | 2931 |
organization, or event; | 2932 |
(5) Provides athletic training only to relatives or in | 2933 |
medical emergencies; | 2934 |
(6) Provides gratuitous care to friends or members of the | 2935 |
person's family; | 2936 |
(7) Provides only self-care. | 2937 |
(B) | 2938 |
2939 | |
2940 | |
2941 | |
2942 | |
2943 | |
2944 | |
2945 | |
2946 | |
2947 | |
2948 | |
2949 | |
2950 | |
2951 | |
2952 | |
2953 | |
2954 | |
2955 | |
2956 | |
2957 | |
2958 | |
2959 | |
2960 | |
2961 | |
2962 | |
2963 | |
2964 |
| 2965 |
a licensed athletic trainer to practice medicine and surgery, | 2966 |
osteopathic medicine and surgery, podiatry, or chiropractic. | 2967 |
Sec. 4755.66. On receipt of a notice pursuant to section | 2968 |
3123.43 of the Revised Code, the appropriate section of the Ohio | 2969 |
occupational
therapy,
physical therapy,
and
athletic | 2970 |
trainers board shall comply with sections 3123.41 to 3123.50 of | 2971 |
the Revised Code and any applicable rules adopted under section | 2972 |
3123.63 of the Revised Code with respect to a license issued | 2973 |
pursuant to this chapter. | 2974 |
Sec. 4755.99. (A) Whoever violates | 2975 |
4755.05, 4755.48, 4755.482, or 4755.62 of the Revised Code is | 2976 |
guilty of a | 2977 |
2978 | |
2979 | |
on a first offense and a felony of the fourth degree on each | 2980 |
subsequent offense. | 2981 |
(B)(1) One-half of all fines collected for violation of | 2982 |
section
| 2983 |
to the occupational therapy section of the Ohio occupational | 2984 |
therapy, physical therapy, and athletic trainers board and then | 2985 |
paid into the state treasury to the credit of the occupational | 2986 |
licensing and regulatory fund, and one-half to the treasury of the | 2987 |
municipal corporation in which the offense was committed, or if | 2988 |
the offense was committed outside the limits of a municipal | 2989 |
corporation, to the treasury of the county. | 2990 |
(2) One-half of all fines collected for violation of sections | 2991 |
4755.48 and 4755.482 of the Revised Code shall be distributed to | 2992 |
the physical therapy section of the Ohio occupational therapy, | 2993 |
physical therapy, and athletic trainers board and then paid into | 2994 |
the state treasury to the credit of the occupational licensing and | 2995 |
regulatory fund, and one-half to the treasury of the municipal | 2996 |
corporation in which the offense was committed, or if the offense | 2997 |
was committed outside the limits of a municipal corporation, to | 2998 |
the treasury of the county. | 2999 |
(3) One-half of all fines collected for violation of section | 3000 |
4755.62 of the Revised Code shall be distributed to the athletic | 3001 |
trainers section of the Ohio occupational therapy, physical | 3002 |
therapy, and athletic trainers board and then paid into the state | 3003 |
treasury to the credit of the occupational licensing and | 3004 |
regulatory fund, and one-half to the treasury of the municipal | 3005 |
corporation in which the offense was committed, or if the offense | 3006 |
was committed outside the limits of a municipal corporation, to | 3007 |
the treasury of the county. | 3008 |
| 3009 |
the Revised Code is guilty of a misdemeanor of the third degree. | 3010 |
| 3011 |
section 4755.48 of the Revised Code or section 4755.482 of the | 3012 |
Revised Code is guilty of a misdemeanor of the second degree. | 3013 |
| 3014 |
4755.62 of the Revised Code is guilty of a misdemeanor of the | 3015 |
first degree. | 3016 |
Section 2. That existing sections 1705.03, 1705.04, 1705.53, | 3017 |
1785.01, 1785.02, 1785.03, 3701.881, 3902.22, 4723.16, 4729.161, | 3018 |
4731.226, 4731.65, 4732.28, 4734.17, 4755.01, 4755.02, 4755.03, | 3019 |
4755.04, 4755.05, 4755.06, 4755.07, 4755.08, 4755.09, 4755.10, | 3020 |
4755.11, 4755.12, 4755.13, 4755.40, 4755.41, 4755.42, 4755.43, | 3021 |
4755.45, 4755.46, 4755.47, 4755.48, 4755.50, 4755.51, 4755.52, | 3022 |
4755.56, 4755.61, 4755.62, 4755.63, 4755.64, 4755.65, 4755.66, and | 3023 |
4755.99, and section 4755.44 of the Revised Code are hereby | 3024 |
repealed. | 3025 |
Section 3. On the effective date of this act, any rule | 3026 |
administered by the physical therapy section of the Ohio | 3027 |
Occupational Therapy, Physical Therapy, and Athletic Trainers | 3028 |
Board that is in conflict with the provisions of this act is void. | 3029 |
Section 4. A member of the Ohio Occupational Therapy, | 3030 |
Physical Therapy, and Athletic Trainers Board or Physical Therapy | 3031 |
Section who, as of the effective date of this section, has served | 3032 |
more than a total of nine years on the Board or Physical Therapy | 3033 |
Section may complete the member's current term but is not eligible | 3034 |
for reappointment for the following term. | 3035 |
Section 5. Section 1785.01 of the Revised Code is presented | 3036 |
in this act as a composite of the section as amended by both Sub. | 3037 |
H.B. 606 and Sub. H.B. 698 of the 122nd General Assembly. The | 3038 |
General Assembly, applying the principle stated in division (B) of | 3039 |
section 1.52 of the Revised Code that amendments are to be | 3040 |
harmonized if reasonably capable of simultaneous operation, finds | 3041 |
that the composite is the resulting version of the section in | 3042 |
effect prior to the effective date of the section as presented in | 3043 |
this act. | 3044 |