As Passed by the House

126th General Assembly Regular Session 2005-2006

Am. Sub. H. B. No. 403

Representatives Fessler, Reidelbach, Seitz, McGregor, J., Peterson, Brown, Allen, Strahorn, Barrett, Distel, Cassell, Kilbane, Yuko, Hood, Combs, Book, Carano, Chandler, DeBose, Domenick, Evans, C., Hagan, Key, Luckie, Mitchell, Otterman, Perry, Raussen, Widener, Williams 

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A BILL

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 4755.031, 4755.411,

14

4755.412, 4755.421, 4755.431, 4755.441, 4755.451,

15

4755.482, and 4755.511; and to repeal sections

16

4755.44 and 4755.49 of the Revised Code to make

17

changes to the occupational therapy, physical

18

therapy, and athletic trainers licensing laws.

19

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

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 4755.031, 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 4755.534755.56 of	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 4755.534755.56 of the	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
4755.534755.56 of the Revised Code, occupational therapists	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 4755.534755.56 of the Revised Code, occupational	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 4755.014755.04 to	255
4755.124755.13, or 4755.40 to 4755.56 of the Revised Code to	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, and	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 4755.014755.04 to 4755.124755.13, or	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 4755.534755.56 of the Revised Code,	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 4755.534755.56 of the Revised Code, occupational	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
4755.534755.56 of the Revised Code, occupational therapists	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
4755.014755.04 of the Revised Code.	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 license numbers of	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 4755.534755.56 of the	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

(8)(9) Doctors of medicine and surgery, osteopathic medicine	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	834
nature from rendering professional services as a pharmacist	835
through another form of business entity, including, but not	836
limited to, a nonprofit corporation or foundation, or in another	837
manner that is authorized by or in accordance with this chapter,	838
another chapter of the Revised Code, or rules of the state board	839
of pharmacy 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 4755.534755.56 of the	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

(8)(9) Doctors of medicine and surgery, osteopathic medicine	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 4755.534755.56 of the	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

(8)(9) Doctors of medicine and surgery, osteopathic medicine	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 4755.53	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 4755.534755.56 of the	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

(8)(9) Doctors of medicine and surgery, osteopathic medicine	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 4755.534755.56 of the	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

(8)(9) Doctors of medicine and surgery, osteopathic medicine	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	1173
the 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

Sec. 4755.03.        Sec. 4755.01. (A) There is hereby created the Ohio	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, shall	1203
serve for the same terms as do members of the board sitting on the	1204
physical therapy section, and shall subscribe to and file with the	1205
secretary of state the constitutional oath of office.	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 and	1220
shall be at least sixty years of age. This member shall sit on the	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

Terms(B) Except for the terms of office specified in	1226
division (A)(1) of this section for the additional members of the	1227
physical therapy section commencing on August 28, 2007, terms for	1228
the members of the board and the additional members of the	1229
physical therapy section are for three years, each. Each member's	1230
term commencingshall commence on the twenty-eighth day of August	1231
and endingend on the twenty-seventh day of August. Each member	1232
shall serve subsequent to the expiration of the member's term	1233
until the member's successor is appointed and qualifies, or until	1234
a period of sixty days has elapsed, whichever occurs first. Each	1235
member, before entering upon official duties, shall subscribe to	1236
and file with the secretary of state the constitutional oath of	1237
officeA member shall not serve for more than three consecutive	1238
terms. All vacancies shall be filled in the manner prescribed for	1239
the regular appointments to the board and are limited to the	1240
unexpired terms.	1241

(C) Each member of the board and each additional member of	1242
the physical therapy section, before entering upon the official	1243
duties of office, shall do both of the following:	1244

(1) Subscribe to and file with the secretary of state the	1245
constitutional oath of office;	1246

(2) Sign and file with the executive director of the board a	1247
notarized statement that the member has read and understands	1248
sections 121.22 and 149.43 of the Revised Code and the provisions	1249
of Chapter 119. of the Revised Code that are applicable to the	1250
duties of the board.	1251

(D) Annually, upon the qualification of the member or members	1252
appointed in that year, the board shall organize by selecting from	1253
its members a president and secretary. Each section of the board	1254
shall independently organize by selecting from its members a	1255
chairperson and secretary.	1256

The(E) A majority of the members of the board constitutes a	1257
quorum to transact and vote on the business of the board. A	1258
majority of the members of each section constitutes a quorum to	1259
transact and vote on the affairs of that section.	1260

(F) Each member of the board and each additional member of	1261
the physical therapy section shall receive an amount fixed	1262
pursuant to division (J) of section 124.15 of the Revised Code for	1263
each day employed in the discharge of official duties. In	1264
addition, each member of the board and each additional member of	1265
the physical therapy section shall receive the member's actual and	1266
necessary expenses incurred in the performance of official duties.	1267

(G) The board of trustees of the Ohio occupational therapy	1268
association, inc., may recommend, after any term expires or	1269
vacancy occurs in an occupational therapy position, at least three	1270
persons to fill each such position or vacancy on the board, and	1271
the governor may make the appointment from the persons so	1272
recommended. The executive board of the Ohio chapter, inc., of the	1273
American physical therapy association may recommend, after any	1274
term expires or vacancy occurs in a physical therapy position, at	1275
least three persons to fill each such vacancy on the board, and	1276
the governor may make appointments from the persons so	1277
recommended. The Ohio athletic trainers association shall	1278
recommend to the governor at least three persons for each of the	1279
initial appointments to an athletic trainer's position. The Ohio	1280
athletic trainers association shall also recommend to the governor	1281
at least three persons when any term expires or any vacancy occurs	1282
in such aan athletic trainer position. The governor may select	1283
one of the association's recommendations in making such an	1284
appointment.	1285

(H) The board shall meet as a whole to determine all	1286
administrative, personnel, and budgetary matters. The executive	1287
director of the board appointed by the board shall not be a	1288
physical therapist, an occupational therapist, or an athletic	1289
trainer who has been licensed to practice physical therapy,	1290
occupational therapy, or as an athletic trainer in this state	1291
within three years immediately preceding appointment. The	1292
executive director shall execute, under the direction of the	1293
board, the policies, orders, directives, and administrative	1294
functions of the board and shall direct, under rules adopted by	1295
the board, the work of all persons employed by the board. Upon the	1296
request of the board, the executive director shall report to the	1297
board on any matter. The executive director shall serve at the	1298
pleasure of the board.	1299

(I) The occupational therapy section of the board shall have	1300
the full authority to act on behalf of the board on all matters	1301
concerning the practice of occupational therapy and, in	1302
particular, the examination, licensure, and suspension or	1303
revocation of licensure of applicants, the issuance of licenses	1304
and limited permits, and the suspension or revocation of licenses	1305
and limited permits to practice as an occupational therapists, and	1306
therapist or occupational therapy assistantsassistant. The	1307
physical therapy section of the board shall have the full	1308
authority to act on behalf of the board on all matters concerning	1309
the practice of physical therapy and, in particular, the	1310
examination, licensure, and suspension or revocation of licensure	1311
of applicants, physical therapists, and physical therapist	1312
assistants. The athletic trainers section of the board shall have	1313
the full authority to act on behalf of the board on all matters	1314
concerning the practice of athletic training and, in particular,	1315
the examination, licensure, and suspension or revocation of	1316
licensure of applicants and athletic trainers. All actions taken	1317
by any section of the board under this paragraphdivision shall be	1318
in accordance with Chapter 119. of the Revised Code.	1319

Sec. 4755.04.        Sec. 4755.02. (A) The appropriate section of the	1320
Ohio occupational therapy, physical therapy, and athletic trainers	1321
board shall investigate complaints concerning the violation of	1322
section 4755.02, 4755.48, or 4755.62 of the Revised Code,	1323
compliance with this chapter or any rule or order issued under	1324
this chapter and concerningshall investigate alleged grounds for	1325
the suspension, revocation, or refusal to issue or renew licenses	1326
or limited permits under section 3123.47, 4755.104755.11,	1327
4755.47, or 4755.64 of the Revised Code, and. The appropriate	1328
section may subpoena witnesses and documents in connection with	1329
its investigations. The	1330

(B) Through the attorney general or an appropriate	1331
prosecuting attorney, the appropriate section may apply to an	1332
appropriate court for an order enjoining the violation of section	1333
4755.02, 4755.48, or 4755.62 of the Revised Code, and upon the	1334
this chapter. On the filing of a verified petition, the court	1335
shall conduct a hearing on the petition and give the same	1336
preference to the proceeding as is given to all proceedings under	1337
Chapter 119. of the Revised Code, irrespective of the position of	1338
the proceeding on the court's calendar. On a showing by the	1339
section that anya person has violated or is about to violate	1340
section 4755.02, or 4755.48, or 4755.62 of the Revised Codethis	1341
chapter, the court shall grant an injunction, restraining order,	1342
or such other order as is appropriate. The injunction proceedings	1343
provided by this division are in addition to all penalties and	1344
other remedies provided in this chapter.	1345

(C) When requested by the appropriate section, the	1346
prosecuting attorney of a county, or the village solicitor or city	1347
director of law of a municipal corporation, where a violation of	1348
this chapter allegedly occurs, shall take charge of and conduct	1349
the prosecution.	1350

(D) The appropriate section may employ investigators who	1351
shall, under the direction of the secretary of the section, make	1352
investigations ofinvestigate complaints and such, conduct	1353
inspections, and othermake inquiries as in the judgment of the	1354
section are appropriate to enforce sections 3123.41 to 3123.50 or	1355
section 4755.02, 4755.10, 4755.47, 4755.48, 4755.62, or 4755.64	1356
of the Revised Code or this chapter. These investigators have the	1357
right to review, obtain copies, and audit the patient records and	1358
personnel files of licensees and limited permit holders at the	1359
place of business of the licensees or limited permit holders or	1360
any other place where such recordsdocuments may be and shall be	1361
given access to such recordsdocuments during normal business	1362
hours. Information obtained by investigators concerning a licensee	1363
shall be held in confidence by the appropriate section and its	1364
employees, except pursuant to an order of a court.	1365

(E)(1) Subject to division (E)(2) of this section,	1366
information and records received or generated by the board	1367
pursuant to an investigation are confidential, are not public	1368
records as defined in section 149.43 of the Revised Code, and are	1369
not subject to discovery in any civil or administrative action.	1370

(2) For good cause, the board may disclose information	1371
gathered pursuant to an investigation to any federal, state, or	1372
local law enforcement, prosecutorial, or regulatory agency or its	1373
officers or agents engaging in an investigation the board believes	1374
is within the agency's jurisdiction. An agency that receives	1375
confidential information shall comply with the same requirements	1376
regarding confidentiality as those with which the board must	1377
comply, notwithstanding any conflicting provision of the Revised	1378
Code or procedure of the agency that applies when the agency is	1379
dealing with other information in its possession. The information	1380
may be admitted into evidence in a criminal trial in accordance	1381
with the Rules of Evidence, or in an administrative hearing	1382
conducted by an agency, but the court or agency shall require that	1383
appropriate measures be taken to ensure that confidentiality is	1384
maintained with respect to any part of the information that	1385
contains names or other identifying information about patients,	1386
complainants, or others whose confidentiality was protected by the	1387
board when the information was in the board's possession. Measures	1388
to ensure confidentiality that may be taken by the court or agency	1389
include sealing its records or redacting specific information from	1390
its records.	1391

(F) The appropriate section shall conduct such hearings, keep	1392
records and minutes, and do all such other things necessary and	1393
proper to carry out and enforce the relevant sections of this	1394
chapter.	1395

(G) Each section of the board shall publish and make	1396
available, upon request and for a fee not to exceed the actual	1397
cost of printing and mailing, the licensure standards prescribed	1398
by the relevant sections of this chapter and its rulesthe	1399
Administrative Code.	1400

(H) The board shall submit to the governor and to the general	1401
assembly each year a report of all its official actions during the	1402
preceding year, together with any recommendations and findings	1403
with regard to the improvementstatus of the profession	1404
professions of physical therapy and the profession of,	1405
occupational therapy, and athletic training.	1406

Sec. 4755.13.        Sec. 4755.03.  All licensure fees collected and	1407
assessed under this chapter by the Ohio occupational therapy,	1408
physical therapy, and athletic trainers board, shall be deposited	1409
into the state treasury to the credit of the occupational	1410
licensing and regulatory fund.	1411

Sec. 4755.031.  A person sanctioned under section 4755.11,	1412
4755.47, 4755.482, or 4755.64 of the Revised Code shall pay a fee	1413
in the amount of the actual cost of the administrative hearing,	1414
including the cost of the court reporter, the hearing officer,	1415
transcripts, and any witness fees for lodging and travel, as	1416
determined by the appropriate section of the board. The fee shall	1417
be collected by the appropriate section.	1418

Sec. 4755.01.        Sec. 4755.04.  As used in sections 4755.014755.04 to	1419
4755.124755.13 and section 4755.99 of the Revised Code:	1420

(A) "Occupational therapy" means the evaluation of learning	1421
and performance skills and the analysis, selection, and adaptation	1422
of activities for an individual whose abilities to cope with daily	1423
living, perform tasks normally performed at the individual's stage	1424
of development, and perform vocational tasks are threatened or	1425
impaired by developmental deficiencies, the aging process,	1426
environmental deprivation, or physical, psychological, or social	1427
injury or illness, through specific techniques which include:	1428

(1) Planning and implementing activities and programs to	1429
improve sensory and motor functioning at the level of performance	1430
normal for the individual's stage of development;	1431

(2) Teaching skills, behaviors, and attitudes crucial to the	1432
individual's independent, productive, and satisfying social	1433
functioningtherapeutic use of everyday life activities or	1434
occupations with individuals or groups for the purpose of	1435
participation in roles and situations in the home, school,	1436
workplace, community, and other settings. The practice of	1437
occupational therapy includes all of the following:	1438

(1) Methods or strategies selected to direct the process of	1439
interventions, including, but not limited to, establishment,	1440
remediation, or restoration of a skill or ability that has not yet	1441
developed or is impaired and compensation, modification, or	1442
adaptation of activity or environment to enhance performance;	1443

(2) Evaluation of factors affecting activities of daily	1444
living, instrumental activities of daily living, education, work,	1445
play, leisure, and social participation, including, but not	1446
limited to, sensory motor abilities, vision, perception,	1447
cognition, psychosocial, and communication and interaction skills;	1448

(3) Interventions and procedures to promote or enhance safety	1449
and performance in activities of daily living, education, work,	1450
play, leisure, and social participation, including, but not	1451
limited to, application of physical agent modalities, use of a	1452
range of specific therapeutic procedures to enhance performance	1453
skills, rehabilitation of driving skills to facilitate community	1454
mobility, and management of feeding, eating, and swallowing to	1455
enable eating and feeding performance;	1456

(4) Consultative services, case management, and education of	1457
patients, clients, or other individuals to promote	1458
self-management, home management, and community and work	1459
reintegration;	1460

(3)(5) Designing, fabricating, applying, recommending, and	1461
instructing in the use of selected orthotic or prosthetic devices	1462
and other equipment which assists the individual to adapt to the	1463
individual's potential or actual impairment;	1464

(4) Analyzing, selecting, and adapting activities to maintain	1465
the individual's optimal performance of tasks and to prevent	1466
further disability;	1467

(5)(6) Administration of topical drugs that have been	1468
prescribed by a licensed health professional authorized to	1469
prescribe drugs, as defined in section 4729.01 of the Revised	1470
Code.	1471

(B) "Occupational therapist" means a person who is licensed	1472
or holds a limited permit to practice occupational therapy and who	1473
offers such services to the public under any title incorporating	1474
the words "occupational therapy," "occupational therapist," or any	1475
similar title or description of services.	1476

(C) "Occupational therapy assistant" means a person licensed	1477
who holds a license or limited permit to apply the more standard	1478
provide occupational therapy techniques under the general	1479
supervision of an occupational therapist.	1480

Sec. 4755.02.        Sec. 4755.05.  No person who does not hold a current	1481
license or limited permit under sections 4755.014755.04 to	1482
4755.124755.13 of the Revised Code shall practice or offer to	1483
practice occupational therapy, or use in connection with histhe	1484
person's name, or otherwise assume, use, or advertise, any title,	1485
initials, or description tending to convey the impression that he	1486
the person is an occupational therapist or an occupational therapy	1487
assistant. No partnership, association, or corporation shall	1488
advertise or otherwise offer to provide or convey the impression	1489
that it is providing occupational therapy unless an individual	1490
holding a current license or limited permit under sections 4755.01	1491
4755.04 to 4755.124755.13 of the Revised Code is or will at the	1492
appropriate time be rendering the occupational therapy services to	1493
which reference is made.	1494

Sec. 4755.05.        Sec. 4755.06.  The occupational therapy section of	1495
the Ohio occupational therapy, physical therapy, and athletic	1496
trainers board may make reasonable rules in accordance with	1497
Chapter 119. of the Revised Code relating to but not limited to:	1498

(A) The form and manner for filing applications for licensure	1499
under sections 4755.014755.04 to 4755.124755.13 of the Revised	1500
Code;	1501

(B) The issuance, suspension, and revocation of such	1502
licenses, and the conducting of investigations and hearings;	1503

(C) Standards for approval of courses of study required for	1504
such licenses and renewals thereofrelative to the practice of	1505
occupational therapy;	1506

(D) The time and form of examination for such licensure;

1507

(E) Standards of ethical conduct in the practice of	1508
occupational therapy;	1509

(F) Certificates ofThe form and manner for filing	1510
applications for renewal and a schedule of deadlines for renewal;	1511

(G) Late fees and the conditions under which a license of a	1512
licensee who files a late application for renewal will be	1513
reinstated;	1514

(H) Placing an existing license in escrow;

1515

(I) The amount, scope, and nature of continuing education	1516
activities required for license renewal, including waivers and the	1517
establishment of appropriate fees to be charged for the	1518
administrative costs associated with the review of continuing	1519
education activities;	1520

(J) Limited permit guidelines.

1521

The section may hear testimony in matters relating to the	1522
duties imposed upon it, and the chairmanchairperson and secretary	1523
of the section may administer oaths. The section may require	1524
proof, beyond the evidence found in the application, of the	1525
honesty, truthfulness, and good reputation of any person named in	1526
an application for such licensure, before admitting the applicant	1527
to thean examination or issuing a license.	1528

Sec. 4755.06.        Sec. 4755.07.  No person shall qualify for licensure	1529
as an occupational therapist or as an occupational therapy	1530
assistant, unless hethe person has shown to the satisfaction of	1531
the occupational therapy section of the Ohio occupational therapy,	1532
physical therapy, and athletic trainers board that hethe person:	1533

(A) Is of good moral character;

1534

(B) Has successfully completed the academic requirements of	1535
an educational program recognized by the section, including a	1536
concentration of instruction in basic human sciences, the human	1537
development process, occupational tasks and activities, the	1538
health-illness-health continuum, and occupational therapy theory	1539
and practice;	1540

(C) Has successfully completed a period of supervised field	1541
work experience at a recognized educational institution or a	1542
training program approved by the educational institution where he	1543
the person met the academic requirements. For an occupational	1544
therapist, a minimum of six months of supervised field work	1545
experience is required. For an occupational therapy assistant, a	1546
minimum of two months of supervised field work experience is	1547
required.	1548

(D) Has successfully passed a written examination testing his	1549
the person's knowledge of the basic and clinical sciences relating	1550
to occupational therapy, and occupational therapy theory and	1551
practice, including the applicant's professional skills and	1552
judgment in the utilization of occupational therapy techniques and	1553
methods, and such other subjects as the section may consider	1554
useful to determine the applicant's fitness to practice. The	1555
section may require separate examinations of applicants for	1556
licensure as occupational therapy assistants and applicants for	1557
licensure as occupational therapists. Any applicant who fails to	1558
pass the examination at two successive examinations is ineligible	1559
for a similar examination until after the expiration of one full	1560
year from the time the applicant last took the examination, and	1561
then only upon making application as in the first instance.	1562

Applicants for licensure shall be examined at a time and	1563
place and under such supervision as the section determines.	1564
Examinations shall be given at least twice each year at such	1565
places within this state as the section determines, and the	1566
section shall notify by mail all applicants of the time and place	1567
of the examination.	1568

Sec. 4755.07.        Sec. 4755.08.  The occupational therapy section of	1569
the Ohio occupational therapy, physical therapy, and athletic	1570
trainers board shall issue a license to every applicant who has	1571
passed the appropriate examination designated by the section and	1572
who otherwise complies with the licensure requirements of sections	1573
4755.014755.04 to 4755.124755.13 of the Revised Code. The	1574
license entitles the holder to practice occupational therapy or to	1575
assist in the practice of occupational therapy. The licensee shall	1576
display the license in a conspicuous place at the licensee's	1577
principal place of business.	1578

The section may issue a limited permit to persons who have	1579
satisfied the requirements of divisions (A) to (C) of section	1580
4755.064755.07 of the Revised Code. This permit allows the	1581
person to practice as an occupational therapist or occupational	1582
therapy assistant under the supervision of a licensed occupational	1583
therapist and is valid until the date on which the results of the	1584
next qualifying examination are made public. This limited permit	1585
shall not be renewed if the applicant has failed the examination.	1586

Sec. 4755.08.        Sec. 4755.09.  The occupational therapy section of	1587
the Ohio occupational therapy, physical therapy, and athletic	1588
trainers board may waive the examination requirement under section	1589
4755.064755.07 of the Revised Code for any applicant for	1590
licensure as an occupational therapist or occupational therapy	1591
assistant who either has met educational, training, and job	1592
experience requirements established by the section, or presents	1593
proof of current certification or licensure in another state that	1594
requires standards for licensure at least equal to those for	1595
licensure in this state.	1596

The section may waive the educational requirements under	1597
section 4755.064755.07 of the Revised Code for any applicant who	1598
has met job experience requirements established by the section.	1599

Sec. 4755.09.        Sec. 4755.10.  Each license issued under section	1600
4755.074755.08 of the Revised Code is valid without further	1601
recommendation or examination until revoked or suspended or until	1602
the license expires for failure to file an application for	1603
certificate of renewal as provided for in this section.	1604

Licenses shall be renewed biennially in accordance with the	1605
schedule established in rules adopted by the occupational therapy	1606
section of the Ohio occupational therapy, physical therapy, and	1607
athletic trainers board under section 4755.06 of the Revised Code.	1608
Those licensees whose last name begins with any letter of the	1609
alphabet from the letter "A" through the letter "L"Applicants for	1610
renewal shall file, together with the fee for renewal as provided	1611
in section 4755.114755.12 of the Revised Code, by the last day of	1612
June of each even-numbered calendar year, an application for a	1613
certificate of renewal on a form prescribed by the occupational	1614
therapy section of the Ohio occupational therapy, physical	1615
therapy, and athletic trainers board, and proof of completion of	1616
continuing education requirements as provided in rules adopted by	1617
the section under section 4755.06 of the Revised Code. Those	1618
licensees whose last name begins with any letter of the alphabet	1619
from the letter "M" through the letter "Z" shall file the	1620
application and fee for the certificate of renewal by the last day	1621
of June of each odd-numbered calendar year. The certificate ofAn	1622
application for renewal shall be mailed by the section to the	1623
licensee prior to the first day of August of the appropriate year	1624
in accordance with the schedule established in rules adopted by	1625
the section under section 4755.06 of the Revised Code. In all	1626
other respects the renewal process is as provided in section	1627
4745.02 of the Revised Code.	1628

The license of any licensee who fails to file an application	1629
for a certificate of renewal by the last day of June of the	1630
appropriate year expireson or before the deadline established in	1631
rules adopted by the section under section 4755.06 of the Revised	1632
Code shall expire automatically, unless the section, for good	1633
cause shown, determines that the application for renewal could not	1634
have been filed by such day. The section shall adopt rules in	1635
accordance with Chapter 119. of the Revised Code prescribing the	1636
late fees and the conditions under which the license of a licensee	1637
who files a late application for renewal will be reinstated.	1638

Except as provided in sections 3123.41 to 3123.50 of the	1639
Revised Code and any applicable rules adopted under section	1640
3123.63 of the Revised Code, the section may renew a license while	1641
the license is suspended, but the renewal shall not affect the	1642
suspension. The section shall not renew a license that has been	1643
revoked. If a revoked license is reinstated under section 4755.10	1644
4755.11 of the Revised Code after it has expired, the licensee, as	1645
a condition of reinstatement, shall pay a reinstatement fee equal	1646
to the renewal fee in effect on the last preceding regular renewal	1647
date before the reinstatement date, plus any delinquent fees	1648
accrued from the time of the revocation, if such fees are	1649
prescribed by the section by rule.	1650

Sec. 4755.10.        Sec. 4755.11.  (A) In accordance with Chapter 119. of	1651
the Revised Code, the occupational therapy section of the Ohio	1652
occupational therapy, physical therapy, and athletic trainers	1653
board may suspend, revoke, or refuse to issue or renew an	1654
occupational therapist orlicense, occupational therapy assistant	1655
license, occupational therapist limited permit, occupational	1656
therapy assistant limited permit, or reprimand, fine, or place a	1657
license or limited permit holder on probation, for any of the	1658
following:	1659

(1) Conviction of an offense involving moral turpitude or a	1660
felony reasonably related to the practice of occupational therapy,	1661
regardless of the state or country in which the conviction	1662
occurred;	1663

(2) Violation of any provision of sections 4755.014755.04 to	1664
4755.124755.13 of the Revised Code;	1665

(3) Violation of any lawful order or rule of the occupational	1666
therapy section;	1667

(4) Obtaining a license or any order, ruling, or	1668
authorization by means of fraud, misrepresentation, or concealment	1669
of material factsor attempting to obtain a license or limited	1670
permit issued by the occupational therapy section by fraud or	1671
deception, including the making of a false, fraudulent, deceptive,	1672
or misleading statements in relation to these activities;	1673

(5) Negligence, unprofessional conduct, or gross misconduct	1674
in the pursuitpractice of the profession of occupational therapy;	1675

(6) Accepting commissions or rebates or other forms of	1676
remuneration for referring persons to other professionals;	1677

(7) Communicating, willfully and without authorization,	1678
information received in professional confidence;	1679

(8) Using any narcoticcontrolled substances, habit forming	1680
drugs, or alcohol to an extent that it impairs the ability to	1681
perform the work of an occupational therapist or, occupational	1682
therapy assistant with safety to the public, occupational	1683
therapist limited permit holder, or occupational therapy assistant	1684
limited permit holder;	1685

(9) Practicing in an area of occupational therapy for which	1686
the individual is clearly untrained or incompetent;	1687

(10) Failing the licensing or Ohio jurisprudence examination;

1688

(11) Aiding or, abetting, directing, or supervising the	1689
unlicensed practice of occupational therapy;	1690

(12) Having been disciplined by the occupational therapy	1691
licensing authority of another state or country for an act that	1692
would constitute grounds for discipline under this sectionDenial,	1693
revocation, suspension, or restriction of authority to practice a	1694
health care occupation, including occupational therapy, for any	1695
reason other than a failure to renew, in Ohio or another state or	1696
jurisdiction;	1697

(13) Except as provided in division (B) of this section:

1698

(a) Waiving the payment of all or any part of a deductible or	1699
copayment that a patient, pursuant to a health insurance or health	1700
care policy, contract, or plan that covers occupational therapy,	1701
would otherwise be required to pay if the waiver is used as an	1702
enticement to a patient or group of patients to receive health	1703
care services from that provider;	1704

(b) Advertising that the individual will waive the payment of	1705
all or any part of a deductible or copayment that a patient,	1706
pursuant to a health insurance or health care policy, contract, or	1707
plan that covers occupational therapy, would otherwise be required	1708
to pay.	1709

(14) Working or representing oneself as an occupational	1710
therapist, occupational therapy assistant, occupational therapist	1711
limited permit holder, or occupational therapy assistant limited	1712
permit holder without a current and valid license or limited	1713
permit issued by the occupational therapy section;	1714

(15) Engaging in a deceptive trade practice, as defined in	1715
section 4165.02 of the Revised Code;	1716

(16) Violation of the standards of ethical conduct in the	1717
practice of occupational therapy as identified by the occupational	1718
therapy section;	1719

(17) A departure from, or the failure to conform to, minimal	1720
standards of care required of licensees or limited permit holders,	1721
whether or not actual injury to a patient is established;	1722

(18) An adjudication by a court that the applicant, licensee,	1723
or limited permit holder is incompetent for the purpose of holding	1724
a license or limited permit and has not thereafter been restored	1725
to legal capacity for that purpose;	1726

(19)(a) Except as provided in division (A)(19)(b) of this	1727
section, failure to cooperate with an investigation conducted by	1728
the occupational therapy section, including failure to comply with	1729
a subpoena or orders issued by the section or failure to answer	1730
truthfully a question presented by the section at a deposition or	1731
in written interrogatories.	1732

(b) Failure to cooperate with an investigation does not	1733
constitute grounds for discipline under this section if a court of	1734
competent jurisdiction issues an order that either quashes a	1735
subpoena or permits the individual to withhold the testimony or	1736
evidence at issue.	1737

(20) Conviction of a misdemeanor reasonably related to the	1738
practice of occupational therapy, regardless of the state or	1739
country in which the conviction occurred;	1740

(21) Inability to practice according to acceptable and	1741
prevailing standards of care because of mental or physical	1742
illness, including physical deterioration that adversely affects	1743
cognitive, motor, or perception skills;	1744

(22) Violation of conditions, limitations, or agreements	1745
placed by the occupational therapy section on a license or limited	1746
permit to practice;	1747

(23) Making a false, fraudulent, deceptive, or misleading	1748
statement in the solicitation of or advertising for patients in	1749
relation to the practice of occupational therapy;	1750

(24) Failure to complete continuing education requirements as	1751
prescribed in rules adopted by the occupational therapy section	1752
under section 4755.06 of the Revised Code.	1753

(B) Sanctions shall not be imposed under division (A)(13) of	1754
this section against any individual who waives deductibles and	1755
copayments as follows:	1756

(1) In compliance with the health benefit plan that expressly	1757
allows such a practice. Waiver of the deductibles or copayments	1758
shall be made only with the full knowledge and consent of the plan	1759
purchaser, payer, and third-party administrator. Documentation of	1760
the consent shall be made available to the section upon request.	1761

(2) For professional services rendered to any other person	1762
licensed pursuant to sections 4755.014755.04 to 4755.124755.13	1763
of the Revised Code to the extent allowed by those sections and	1764
the rules of the occupational therapy section.	1765

(C) TheExcept as provided in division (D) of this section,	1766
the suspension or revocation of a license or limited permit under	1767
this section is not effective until either the order for	1768
suspension or revocation has been affirmed following an	1769
adjudication hearing, or the time for requesting a hearing has	1770
elapsed.	1771

When a license or limited permit is revoked under this	1772
section, application for reinstatement may not be made sooner than	1773
one year after the date of revocation. The occupational therapy	1774
section may accept or refuse an application for reinstatement and	1775
may require that the applicant pass an examination as a condition	1776
of reinstatement.	1777

When a license or limited permit holder is placed on	1778
probation under this section, the occupational therapy section's	1779
probation order shall be accompanied by a statement of the	1780
conditions under which the individual may be removed from	1781
probation and restored to unrestricted practice.	1782

(D) On receipt of a complaint that a person who holds a	1783
license or limited permit issued by the occupational therapy	1784
section has committed any of the prohibited actions listed in	1785
division (A) of this section, the section may immediately suspend	1786
the license or limited permit prior to holding a hearing in	1787
accordance with Chapter 119. of the Revised Code if it determines,	1788
based on the complaint, that the licensee or limited permit holder	1789
poses an immediate threat to the public. The section shall notify	1790
the licensee or limited permit holder of the suspension in	1791
accordance with section 119.07 of the Revised Code. If the	1792
individual whose license or limited permit is suspended fails to	1793
make a timely request for an adjudication under Chapter 119. of	1794
the Revised Code, the section shall enter a final order	1795
permanently revoking the individual's license or limited permit.	1796

(E) If any person other than a licensed occupational	1797
therapist or an occupational therapy assistantperson who holds a	1798
license or limited permit issued under section 4755.08 of the	1799
Revised Code has engaged in any practice that is prohibited under	1800
sections 4755.014755.04 to 4755.124755.13 of the Revised Code or	1801
the rules of the occupational therapy section, the section may	1802
apply to the court of common pleas of the county in which the	1803
violation occurred, for an injunction or other appropriate order	1804
restraining this conduct, and the court shall issue this order.	1805

Sec. 4755.11.        Sec. 4755.12.  The occupational therapy section of	1806
the Ohio occupational therapy, physical therapy, and athletic	1807
trainers board shall charge a nonrefundable examination fee,	1808
established pursuant to section 4755.134755.03 of the Revised	1809
Code, which is to be paid at the time of application for	1810
licensure.	1811

The section shall charge an initial licensure fee,	1812
established pursuant to section 4755.134755.03 of the Revised	1813
Code.	1814

The section shall charge a biennial renewal fee and shall	1815
charge a fee for a limited permit, established pursuant to section	1816
4755.134755.03 of the Revised Code.	1817

Any person who is qualified to practice occupational therapy	1818
as certified by the section, but who is not in the active	1819
practice, as defined by section rule, may register with the	1820
section as a nonactive licensee at a biennial fee, established	1821
pursuant to section 4755.134755.03 of the Revised Code.	1822

The section may, by rule, provide for the waiver of all or	1823
part of a fee when the license is issued less than one hundred	1824
days before the date on which it will expire.	1825

Sec. 4755.12.        Sec. 4755.13.  (A) Nothing in sections 4755.01	1826
4755.04 to 4755.124755.13 of the Revised Code shall be construed	1827
to prevent or restrict the practice, services, or activities of	1828
the following:	1829

(1) Any person who does not claim to the public by any title,	1830
initials, or description of services as being engaged in the	1831
practice of occupational therapy, who is:	1832

(a) A physician licensed under Chapter 4731. of the Revised	1833
Code, or anyone employed or supervised by a licensed physician in	1834
the delivery of treatment or services;	1835

(b) A person licensed, certified, or registered under	1836
sections 4755.40 to 4755.56 of the Revised Code or under any other	1837
chapter of the Revised Code who is practicing within the standards	1838
and ethics of practice that represent appropriate extensions of	1839
the person's profession;	1840

(c) A qualified member of any other profession who is	1841
practicing within the standards and ethics of the member's	1842
profession.	1843

(2) Any person employed as an occupational therapist or	1844
occupational therapy assistant by the government of the United	1845
States, if the person provides occupational therapy solely under	1846
the direction or control of the organization by which the person	1847
is employed;	1848

(3) Any person pursuing a course of study leading to a degree	1849
or certificate in occupational therapy in an accredited or	1850
approved educational program if the activities and services	1851
constitute a part of a supervised course of study, if the person	1852
is designated by a title that clearly indicates the person's	1853
status as a student or trainee;	1854

(4) Any person fulfilling the supervised field work	1855
experience requirements of section 4755.064755.07 of the Revised	1856
Code, if the activities and services constitute a part of the	1857
experience necessary to meet those requirements.	1858

(B) Nothing in sections 4755.014755.04 to 4755.124755.13 of	1859
the Revised Code authorizes any person to use psychological	1860
procedures defined by the state board of psychology under division	1861
(C) of section 4732.23 of the Revised Code as a serious hazard to	1862
mental health and to require professional expertise in psychology.	1863

Sec. 4755.40.  As used in sections 4755.40 to 4755.56 and	1864
4755.99 of the Revised Code:	1865

(A) "Physical therapy" means the evaluation and treatment of	1866
a person by physical measures and the use of therapeutic exercises	1867
and rehabilitative procedures, with or without assistive devices,	1868
for the purpose of preventing, correcting, or alleviating any	1869
disability. If performed by a person who is adequately trained,	1870
physical therapy includes theall of the following:	1871

(1) The design, fabrication, revision, education, and	1872
instruction in the use of various assistive devices including	1873
braces, splints, ambulatory or locomotion devices, wheelchairs,	1874
prosthetics, and orthotics. Physical therapy includes the;	1875

(2) The administration of topical drugs that have been	1876
prescribed by a licensed health professional authorized to	1877
prescribe drugs, as defined in section 4729.01 of the Revised	1878
Code. Physical therapy also includes the;	1879

(3) The establishment and modification of physical therapy	1880
programs, treatment planning, patient education and instruction,	1881
and consultative services;	1882

(4) Physiotherapy. Physical

1883

Physical measures include massage, heat, cold, air, light,	1884
water, electricity, sound, and the performance of tests of	1885
neuromuscular function as an aid to such treatment. Physical	1886

Physical therapy does not include the medical diagnosis of a	1887
patient's disability, the use of Roentgen rays or radium for	1888
diagnostic or therapeutic purposes, or the use of electricity for	1889
cauterization or other surgical purposes. Physical therapy	1890
includes physiotherapy.	1891

(B) "Physical therapist" means a person who practices or	1892
teachesprovides patient education and instruction in physical	1893
therapy and includes a physiotherapist.	1894

(C) "Physical therapist assistant" means a person who assists	1895
in the provision of physical therapy treatments, including the	1896
provision of patient education and instruction, under the	1897
supervision of a physical therapist, or teaches physical therapy	1898
under the supervision of a physical therapist, and includes	1899
physical therapy assistant.	1900

(D) "Supervision" means the availability and responsibility	1901
of the supervisor for direction of the actions of the person	1902
supervised.	1903

Sec. 4755.41.  (A) The physical therapy section of the Ohio	1904
occupational therapy, physical therapy, and athletic trainers	1905
board shall examine and license persons desiring to practice	1906
physical therapy or to practice as physical therapist assistants	1907
in this state. The section shall adopt rules in accordance with	1908
Chapter 119. of the Revised Code necessary for the performance of	1909
its duties.	1910

(B) An investigation, inquiry, or hearing which the section	1911
is authorized to undertake or hold may be undertaken or held by or	1912
before any member of this sectionin accordance with section	1913
4755.02 of the Revised Code. Any finding or order of such member	1914
shall be confirmed or approved by the section.	1915

(C) The physical therapy section shall:

1916

(1) Keep a record of its proceedings;

1917

(2) Keep a register of applicants showing the name and	1918
location of the institution granting the applicant's degree or	1919
certificate in physical therapy and whether or not a license was	1920
issued;	1921

(3) Maintain a register of every physical therapist and	1922
physical therapist assistant in this state, including the	1923
licensee's last known place of business, the licensee's last known	1924
residence, and the date and number of the licensee's license. Any	1925
person may request and receive from the section a current list of	1926
physical therapists and physical therapist assistants, upon	1927
payment of such charges as the section establishes;	1928

(4) Do all other things necessary and proper to carry out and	1929
enforce sections 4755.40 to 4755.56Deposit all fees collected by	1930
the section in accordance with section 4755.03 of the Revised	1931
Code;	1932

(5) On receipt of an application for a license to practice as	1933
a physical therapist or physical therapist assistant, provide to	1934
the applicant the section's address, dates of upcoming section	1935
meetings, and a list of names of the section members.	1936

(D) The books and records of the section are prima-facie	1937
evidence of matters therein contained.	1938

Sec. 4755.411. The physical therapy section of the Ohio	1939
occupational therapy, physical therapy, and athletic trainers	1940
board shall adopt rules in accordance with Chapter 119. of the	1941
Revised Code pertaining to the following:	1942

(A) Fees for the verification of a license and license	1943
reinstatement, and other fees established by the section;	1944

(B) Provisions for the section's government and control of	1945
its actions and business affairs;	1946

(C) Minimum curricula for physical therapy education programs	1947
that prepare graduates to be licensed in this state as physical	1948
therapists and physical therapist assistants;	1949

(D) Eligibility criteria to take the examinations required	1950
under sections 4755.43 and 4755.431 of the Revised Code;	1951

(E) The form and manner for filing applications for licensure	1952
with the section;	1953

(F) For purposes of section 4755.46 of the Revised Code, all	1954
of the following:	1955

(1) A schedule regarding when licenses to practice as a	1956
physical therapist and physical therapist assistant expire during	1957
a biennium;	1958

(2) An additional fee, not to exceed thirty-five dollars,	1959
that may be imposed if a licensee files a late application for	1960
renewal;	1961

(3) The conditions under which the license of a person who	1962
files a late application for renewal will be reinstated.	1963

(G) The issuance, renewal, suspension, and permanent	1964
revocation of a license and the conduct of hearings;	1965

(H) Appropriate ethical conduct in the practice of physical	1966
therapy;	1967

(I) Requirements, including continuing education	1968
requirements, for restoring licenses that are inactive or have	1969
lapsed through failure to renew;	1970

(J) Conditions that may be imposed for reinstatement of a	1971
license following suspension pursuant to section 4755.47 of the	1972
Revised Code;	1973

(K) For purposes of section 4755.45 of the Revised Code, both	1974
of the following:	1975

(1) Identification of the credentialing organizations from	1976
which the section will accept equivalency evaluations for foreign	1977
physical therapist education. The physical therapy section shall	1978
identify only those credentialing organizations that use a course	1979
evaluation tool or form approved by the physical therapy section.	1980

(2) Evidence, other than the evaluations described in	1981
division (K)(1) of this section, that the section will consider	1982
for purposes of evaluating whether an applicant's education is	1983
reasonably equivalent to the educational requirements that were in	1984
force for licensure in this state as a physical therapist on the	1985
date of the applicant's initial licensure or registration in	1986
another state or country.	1987

(L) Standards of conduct for physical therapists and physical	1988
therapist assistants, including requirements for supervision,	1989
delegation, and practicing with or without referral or	1990
prescription;	1991

(M) Appropriate display of a license;

1992

(N) Procedures for a licensee to follow in notifying the	1993
section within thirty days of a change in name or address, or	1994
both.	1995

Sec. 4755.412. The physical therapy section of the Ohio	1996
occupational therapy, physical therapy, and athletic trainers	1997
board, subject to the approval of the controlling board, may	1998
establish fees in excess of the amounts provided by sections	1999
4755.42, 4755.421, 4755.45, 4755.451, and 4755.46 of the Revised	2000
Code, provided that such fees do not exceed those amounts by more	2001
than fifty per cent.	2002

Sec. 4755.42.  (A) Each person who desires to practice	2003
physical therapy shall file with the secretary of the physical	2004
therapy section of the Ohio occupational therapy, physical	2005
therapy, and athletic trainers board ana notarized application,	2006
under oath, on a form prescribed by the section, and shall furnish	2007
satisfactory proof that he hasthat includes the following	2008
qualifications:	2009

(1) At least eighteen years of ageName;

2010

(2) Good moral characterCurrent address;

2011

(3) Physical description and photograph;

2012

(3) Completed(4) Proof of completion of a master's or	2013
doctorate program of physical therapy education approved by the	2014
section that is accredited by a national physical therapy	2015
accreditation agency recognized by the United States department of	2016
education and that includes:	2017

(a) A minimum of sixtyone hundred twenty academic semester	2018
credits or its equivalent from a recognized college, including	2019
courses in the biological and other physical sciences;	2020

(b) An accreditedA course in physical therapy education that	2021
has provided adequate instruction in the basic sciences, clinical	2022
sciences, and physical therapy theory and procedures, as	2023
determined by the section.	2024

(B) Each person who desires to be licensed as a physical	2025
therapist assistant shall file with the secretary of the section	2026
an application, under oath, on a form prescribed by the section,	2027
and shall furnish satisfactory proof that he is of good moral	2028
character and has either completed a program of education approved	2029
by the section, or on November 21, 1977, has been for at least two	2030
years engaged full-time in this state as a physical therapist	2031
assistant. An approved education program for physical therapist	2032
assistants shall be at least a two-year program offered by a	2033
college accredited by a recognized accrediting agency, and shall	2034
include such elementary or intermediate courses in anatomical,	2035
biological, and other physical sciences as are prescribed by rule	2036
of the section.	2037

(C) On making application under division (A) or (B) of this	2038
section, the applicant shall pay to the section a fee in an amount	2039
determined by the sectionof not more than one hundred twenty-five	2040
dollars for the respective type of license, no part of which shall	2041
be returned. Any applicant who is unavoidably prevented from	2042
attending the examination for licensure may, with the approval of	2043
the section, be examined at the next regular or special meeting of	2044
the section without paying an additional fee.	2045

(C) The physical therapy section shall approve an application	2046
to sit for the examination required under division (A) of section	2047
4755.43 of the Revised Code not later than one hundred twenty days	2048
after receiving an application that the section considers complete	2049
unless the board has done either of the following:	2050

(1) Requested documents relevant to the section's evaluation	2051
of the application;	2052

(2) Notified the applicant in writing of the section's intent	2053
to deny a license and the applicant's right to request a hearing	2054
in accordance with Chapter 119. of the Revised Code to appeal the	2055
section's intent to deny a license.	2056

(D) If the section fails to comply with division (C) of this	2057
section, the section shall refund one-half of the application fee	2058
to the applicant.	2059

Sec. 4755.421.  (A) Each applicant seeking licensure as a	2060
physical therapist assistant shall file with the secretary of the	2061
physical therapy section of the Ohio occupational therapy,	2062
physical therapy, and athletic trainers board a notarized	2063
application that includes the following:	2064

(1) Name;

2065

(2) Current address;

2066

(3) Physical description and photograph;

2067

(4) Proof of completion of a two-year program of education	2068
that is accredited by a national physical therapy accreditation	2069
agency recognized by the United States department of education.	2070

(B) On making application under division (A) of this section,	2071
the applicant shall pay a fee of not more than one hundred	2072
twenty-five dollars for the license.	2073

(C)(1) The physical therapy section shall approve an	2074
applicant to sit for the examination required under division (A)	2075
of section 4755.431 of the Revised Code not later than one hundred	2076
twenty days after receiving an application that the section	2077
considers complete unless the board has done either of the	2078
following:	2079

(a) Requested documents relevant to the section's evaluation	2080
of the application;	2081

(b) Notified the applicant in writing of the section's intent	2082
to deny a license and the applicant's right to request a hearing	2083
in accordance with Chapter 119. of the Revised Code to appeal the	2084
section's intent to deny a license.	2085

(2) If the section fails to comply with division (C)(1) of	2086
this section, the section shall refund half of the application fee	2087
to the applicant.	2088

Sec. 4755.43. If the physical therapy section of the Ohio	2089
occupational therapy, physical therapy, and athletic trainers	2090
board finds that an applicant for licensure as a physical	2091
therapist or physical therapist assistant has complied with the	2092
applicable requirements of section 4755.42 of the Revised Code,	2093
and if the physical therapy section is unaware of grounds for	2094
refusal to issue a license to the applicant under sections 4755.40	2095
to 4755.56 of the Revised Code, the physical therapy section shall	2096
admit the applicant to an examination.	2097

TheExcept as provided in section 4755.45 of the Revised	2098
Code, to be eligible to receive a license to practice as a	2099
physical therapist, an applicant must pass both of the following:	2100

(A) A national physical therapy examination shall be	2101
conducted under rules prescribed by the section, and shall test	2102
for physical therapists approved by the physical therapy section	2103
of the Ohio occupational therapy, physical therapy, and athletic	2104
trainers board that tests the applicant's knowledge of the basic	2105
and applied sciences as they relate to physical therapy,and	2106
physical therapy theory and procedures, and such other subjects	2107
the section determines are useful in testing the applicant's	2108
fitness to practice physical therapy or to act as a physical	2109
therapist assistant.	2110

Examinations for physical therapists shall be held at least	2111
twice a year at such time and place the section determines.	2112
Examinations for physical therapist assistants shall be held at	2113
least twice a year at such time and place the section determines.	2114

(B) A jurisprudence examination on Ohio's laws and rules	2115
governing the practice of physical therapy that is approved by the	2116
physical therapy section.	2117

Sec. 4755.431. Except as provided in section 4755.451 of the	2118
Revised Code, to be eligible to receive a license to practice as a	2119
physical therapist assistant, an applicant must pass both of the	2120
following:	2121

(A) A national physical therapy examination for physical	2122
therapist assistants approved by the physical therapy section of	2123
the Ohio occupational therapy, physical therapy, and athletic	2124
trainers board.	2125

(B) A jurisprudence examination approved by the physical	2126
therapy section on Ohio's laws and rules governing the practice of	2127
physical therapy.	2128

Sec. 4755.44.  If an applicant passes the examination or	2129
examinations required under section 4755.43 of the Revised Code	2130
and pays the fee required by division (B) of section 4755.42 of	2131
the Revised Code, the physical therapy section of the Ohio	2132
occupational therapy, physical therapy, and athletic trainers	2133
board shall issue a license, attested by the seal of the board, to	2134
the applicant to practice as a physical therapist.	2135

Sec. 4755.441.  If an applicant passes the examination or	2136
examinations required under section 4755.431 of the Revised Code	2137
and pays the fee required by division (B) of section 4755.421 of	2138
the Revised Code, the physical therapy section of the Ohio	2139
occupational therapy, physical therapy, and athletic trainers	2140
board shall issue a license, attested by the seal of the board, to	2141
the applicant to practice as physical therapist assistant.	2142

Sec. 4755.45. (A) The physical therapy section of the Ohio	2143
occupational therapy, physical therapy, and athletic trainers	2144
board mayshall issue to an applicant a license to practice as a	2145
physical therapist or as a physical therapist assistant without	2146
requiring the applicant to have passed the national examination,	2147
on payment of a fee determined by the section, the following	2148
personsfor physical therapists described in division (A) of	2149
section 4755.43 of the Revised Code within one year of filing an	2150
application described in section 4755.42 of the Revised Code if	2151
all of the following are true:	2152

(A) An(1) The applicant presents evidence satisfactory to	2153
the physical therapy section that the applicant received a score	2154
on the national physical therapy examination described in division	2155
(A) of section 4755.43 of the Revised Code that would have been a	2156
passing score according to the board in the year the applicant sat	2157
for the examination;	2158

(2) The applicant presents evidence satisfactory to the	2159
physical therapy section that the applicant passed the	2160
jurisprudence examination described in division (B) of section	2161
4755.43 of the Revised Code;	2162

(3) The applicant who is registered or licensed as a physical	2163
therapist or physical therapist assistant under the laws of	2164
another state or foreign country, provided the requirements for	2165
registration or licensure under the appropriate category in that	2166
state or country were, on the date of his registration or	2167
licensure, substantially equalholds a current and valid license	2168
or registration to practice physical therapy in another state or	2169
country;	2170

(4) Subject to division (B) of this section, the applicant	2171
can demonstrate that the applicant's education is reasonably	2172
equivalent to the educational requirements that were in force for	2173
licensure in this state;	2174

(B) An applicant who has previously passed a qualifying	2175
examination for physical therapists or physical therapist	2176
assistants, whichever is appropriate, that is acceptable to the	2177
sectionon the date of the applicant's initial licensure or	2178
registration in the other state or country;	2179

(5) The applicant pays the fee described in division (B) of	2180
section 4755.42 of the Revised Code;	2181

(6) The applicant is not in violation of any section of this	2182
chapter or rule adopted under it.	2183

(B) For purposes of division (A)(4) of this section, if,	2184
after receiving the results of an equivalency evaluation from a	2185
credentialing organization identified by the section pursuant to	2186
rules adopted under section 4755.411 of the Revised Code, the	2187
section determines that regardless of the results of the	2188
evaluation the applicant's education is not reasonably equivalent	2189
to the educational requirements that were in force for licensure	2190
in this state on the date of the applicant's initial licensure or	2191
registration in another state or foreign country, the section	2192
shall send a written notice to the applicant stating that the	2193
section is denying the applicant's application and stating the	2194
specific reason why the section is denying the applicant's	2195
application. The section shall send the notice to the applicant	2196
through certified mail within thirty days after the section makes	2197
that determination.	2198

Sec. 4755.451. The physical therapy section of the Ohio	2199
occupational therapy, physical therapy, and athletic trainers	2200
board shall issue to an applicant a license as a physical	2201
therapist assistant without requiring the applicant to have passed	2202
the national examination for physical therapist assistants	2203
described in division (A) of section 4755.431 of the Revised Code	2204
within one year of filing an application described in section	2205
4755.421 of the Revised Code if all of the following are true:	2206

(A) The applicant presents evidence satisfactory to the	2207
physical therapy section that the applicant received a score on	2208
the national physical therapy examination described in division	2209
(A) of section 4755.431 of the Revised Code that would have been a	2210
passing score according to the board in the year the applicant sat	2211
for the examination;	2212

(B) The applicant presents evidence satisfactory to the	2213
physical therapy section that the applicant passed the	2214
jurisprudence examination described in division (B) of section	2215
4755.431 of the Revised Code;	2216

(C) The applicant holds a current and valid license or	2217
registration to practice as a physical therapist assistant in	2218
another state;	2219

(D) The applicant can demonstrate that the applicant's	2220
education is reasonably equivalent to the educational requirements	2221
that were in force for licensure in this state on the date of the	2222
applicant's initial licensure or registration in the other state;	2223

(E) The applicant pays the fee described in division (B) of	2224
section 4755.421 of the Revised Code;	2225

(F) The applicant is not in violation of any section of this	2226
chapter or rule adopted under it.	2227

Sec. 4755.46. (A) Every licensed physical therapist and	2228
physical therapist assistant shall renew his license biennially.	2229
Those licensees whose last name begins with any letter of the	2230
alphabet from the letter "A" through the letter "L" shall, by the	2231
thirty-first day of January each even-numbered calendar year,	2232
apply to renew his license. Licensees whose last name begins with	2233
any letter of the alphabet from the letter "M" through the letter	2234
"Z" shall apply for renewal by the thirty-first day of January	2235
each odd-numbered calendar year. All licenses shall be renewed	2236
according to the standard renewal procedure of Chapter 4745. of	2237
the Revised Code.to practice as a physical therapist or physical	2238
therapist assistant expires biennially in accordance with the	2239
schedule established in rules adopted by the physical therapy	2240
section of the Ohio occupational therapy, physical therapy, and	2241
athletic trainers board under section 4755.411 of the Revised	2242
Code.	2243

Each individual holding a valid and current license may apply	2244
to the physical therapy section to renew the license in accordance	2245
with rules adopted by the board under section 4755.411 of the	2246
Revised Code. Each application for license renewal shall be	2247
accompanied by thea biennial renewal fee determined by the	2248
physical therapy section of the Ohio occupational therapy,	2249
physical therapy, and athletic trainers board payable to the	2250
physical therapy sectionof not more than one hundred twenty-five	2251
dollars and, if applicable, the applicant's signed statement that,	2252
in the two-year period ending on the thirty-first day of December	2253
of the preceding year, hethe applicant completed the continuing	2254
education required for that period byunder section 4755.51 or	2255
4755.551 of the Revised Code within the time frame established in	2256
rules adopted by the physical therapy section under section	2257
4755.411 of the Revised Code.	2258

A license that is not renewed by the thirty-first day of	2259
January in the appropriate yearlast day for renewal established	2260
in rules shall automatically expire on that date. The section	2261
shall adopt rules in accordance with Chapter 119. of the Revised	2262
Code prescribing the late fees and the conditions under which the	2263
license of a licensee who files a late application for renewal	2264
will be reinstated.	2265

(B) Each licensee shall report to the section in writing a	2266
change in name, business address, or home address not later than	2267
thirty days after the date of the change.	2268

Sec. 4755.47.  (A) In accordance with Chapter 119. of the	2269
Revised Code, the physical therapy section of the Ohio	2270
occupational therapy, physical therapy, and athletic trainers	2271
board may refuse to grant a license to an applicant for an initial	2272
or renewed license as a physical therapist or physical therapist	2273
assistant or, by an affirmative vote of at leastnot less than	2274
five members, may limit, suspend, or revoke the license of a	2275
physical therapist or physical therapist assistant or reprimand,	2276
fine, or place a license holder on probation, on any of the	2277
following grounds:	2278

(1) Habitual indulgence in the use of controlled substances,	2279
other habit-forming drugs, or alcohol to an extent that affects	2280
the individual's professional competency;	2281

(2) Conviction of a felony or a crime involving moral	2282
turpitude, regardless of the state or country in which the	2283
conviction occurred;	2284

(3) Obtaining or attempting to obtain a license issued by the	2285
physical therapy section by fraud or deception, including the	2286
making of a false, fraudulent, deceptive, or misleading statement;	2287

(4) An adjudication by a court, as provided in section	2288
5122.301 of the Revised Code, that the applicant or licensee is	2289
incompetent for the purpose of holding the license and has not	2290
thereafter been restored to legal capacity for that purpose;	2291

(5) Subject to section 4755.471 of the Revised Code,	2292
violation of the code of ethics ofadopted by the American	2293
physical therapy associationsection;	2294

(6) Violation ofViolating or attempting to violate, directly	2295
or indirectly, or assisting in or abetting the violation of or	2296
conspiring to violate sections 4755.40 to 4755.56 of the Revised	2297
Code or any order issued or rule adopted under those sections;	2298

(7) Failure of one or both of the licensing examination	2299
examinations required under section 4755.43 or 4755.431 of the	2300
Revised Code;	2301

(8) Aiding or abetting the unlicensed practice of physical	2302
therapyPermitting the use of one's name or license by a person,	2303
group, or corporation when the one permitting the use is not	2304
directing the treatment given;	2305

(9) Having been disciplined by the physical therapy licensing	2306
authority of another state or country for an act that would	2307
constitute grounds for discipline under this sectionDenial,	2308
revocation, suspension, or restriction of authority to practice a	2309
health care occupation, including physical therapy, for any reason	2310
other than a failure to renew, in Ohio or another state or	2311
jurisdiction;	2312

(10) Failure to maintain minimal standards of practice in the	2313
administration or handling of drugs, as defined in section 4729.01	2314
of the Revised Code, or failure to employ acceptable scientific	2315
methods in the selection of drugs, as defined in section 4729.01	2316
of the Revised Code, or other modalities for treatment;	2317

(11) Willful betrayal of a professional confidence;

2318

(12) Making a false, fraudulent, deceptive, or misleading	2319
statement in the solicitation of or advertising for patients in	2320
relation to the practice of physical therapy;	2321

(13) A departure from, or the failure to conform to, minimal	2322
standards of care required of licensees when under the same or	2323
similar circumstances, whether or not actual injury to a patient	2324
is established;	2325

(14) Obtaining, or attempting to obtain, money or anything of	2326
value by fraudulent misrepresentations in the course of practice;	2327

(15) Violation of the conditions of limitation or agreements	2328
placed by the physical therapy section on a license to practice;	2329

(16) Failure to renew a license in accordance with section	2330
4755.46 of the Revised Code;	2331

(17) Except as provided in section 4755.471 of the Revised	2332
Code, engaging in the division of fees for referral of patients or	2333
receiving anything of value in return for a specific referral of a	2334
patient to utilize a particular service or business;	2335

(18) Inability to practice according to acceptable and	2336
prevailing standards of care because of mental illness or physical	2337
illness, including physical deterioration that adversely affects	2338
cognitive, motor, or perception skills;	2339

(19) The revocation, suspension, restriction, or termination	2340
of clinical privileges by the United States department of defense	2341
or department of veterans affairs;	2342

(20) Termination or suspension from participation in the	2343
medicare or medicaid program established under Title XVIII and	2344
Title XIX, respectively, of the "Social Security Act," 49 Stat.	2345
620 (1935), 42 U.S.C. 301, as amended, for an act or acts that	2346
constitute a violation of sections 4755.40 to 4755.56 of the	2347
Revised Code;	2348

(21) Failure of a physical therapist to maintain supervision	2349
of a student, physical therapist assistant, unlicensed support	2350
personnel, other assistant personnel, or a license applicant in	2351
accordance with the requirements of sections 4755.40 to 4755.56 of	2352
the Revised Code and rules adopted under those sections;	2353

(22) Failure to complete continuing education requirements as	2354
prescribed in section 4755.51 or 4755.511 of the Revised Code or	2355
to satisfy any rules applicable to continuing education	2356
requirements that are adopted by the physical therapy section;	2357

(23) Conviction of a misdemeanor when the act that	2358
constitutes the misdemeanor occurs during the practice of physical	2359
therapy;	2360

(24)(a) Except as provided in division (A)(24)(b) of this	2361
section, failure to cooperate with an investigation conducted by	2362
the physical therapy section, including failure to comply with a	2363
subpoena or orders issued by the section or failure to answer	2364
truthfully a question presented by the section at a deposition or	2365
in written interrogatories.	2366

(b) Failure to cooperate with an investigation does not	2367
constitute grounds for discipline under this section if a court of	2368
competent jurisdiction issues an order that either quashes a	2369
subpoena or permits the individual to withhold the testimony or	2370
evidence at issue.	2371

(25) Regardless of whether the contact or verbal behavior is	2372
consensual, engaging with a patient other than the spouse of the	2373
physical therapist or physical therapist assistant, in any of the	2374
following:	2375

(a) Sexual contact, as defined in section 2907.01 of the	2376
Revised Code;	2377

(b) Verbal behavior that is sexually demeaning to the patient	2378
or may be reasonably interpreted by the patient as sexually	2379
demeaning.	2380

(26) Failure to notify the physical therapy section of a	2381
change in name, business address, or home address within thirty	2382
days after the date of change;	2383

(27) Except as provided in division (B) of this section:

2384

(a) Waiving the payment of all or any part of a deductible or	2385
copayment that a patient, pursuant to a health insurance or health	2386
care policy, contract, or plan that covers physical therapy, would	2387
otherwise be required to pay if the waiver is used as an	2388
enticement to a patient or group of patients to receive health	2389
care services from that provider;	2390

(b) Advertising that the individual will waive the payment of	2391
all or any part of a deductible or copayment that a patient,	2392
pursuant to a health insurance or health care policy, contract, or	2393
plan that covers physical therapy, would otherwise be required to	2394
pay;	2395

(28) Violation of any section of this chapter or rule adopted	2396
under it.	2397

(B) Sanctions shall not be imposed under division (A)(10)(27)	2398
of this section against any individual who waives deductibles and	2399
copayments as follows:	2400

(1) In compliance with the health benefit plan that expressly	2401
allows such a practice. Waiver of the deductibles or copayments	2402
shall be made only with the full knowledge and consent of the plan	2403
purchaser, payer, and third-party administrator. Documentation of	2404
the consent shall be made available to the physical therapy	2405
section upon request.	2406

(2) For professional services rendered to any other person	2407
licensed pursuant to sections 4755.40 to 4755.56 of the Revised	2408
Code to the extent allowed by those sections and the rules of the	2409
physical therapy section.	2410

(C) When a license is revoked under this section, application	2411
for reinstatement may not be made sooner than one year after the	2412
date of revocation. The physical therapy section may accept or	2413
refuse an application for reinstatement and may require that the	2414
applicant pass an examination as a condition for reinstatement.	2415

When a license holder is placed on probation under this	2416
section, the physical therapy section's order for placement on	2417
probation shall be accompanied by a statement of the conditions	2418
under which the individual may be removed from probation and	2419
restored to unrestricted practice.	2420

(D) When an application for an initial or renewed license is	2421
refused under this section, the physical therapy section shall	2422
notify the applicant in writing of the section's decision to	2423
refuse issuance of a license and the reason for its decision.	2424

(E) On receipt of a complaint that a person licensed by the	2425
physical therapy section has committed any of the actions listed	2426
in division (A) of this section, the physical therapy section may	2427
immediately suspend the license of the physical therapist or	2428
physical therapist assistant prior to holding a hearing in	2429
accordance with Chapter 119. of the Revised Code if it determines,	2430
based on the complaint, that the person poses an immediate threat	2431
to the public. The physical therapy section shall notify the	2432
person of the suspension in accordance with section 119.07 of the	2433
Revised Code. If the person fails to make a timely request for an	2434
adjudication under Chapter 119. of the Revised Code, the physical	2435
therapy section shall enter a final order permanently revoking the	2436
person's license.	2437

Sec. 4755.48.  (A) No person shall employ fraud or deception	2438
in applying for or securing a license to practice physical therapy	2439
or to be a physical therapist assistant.	2440

(B) No person shall practice or in any way imply or claim to	2441
the public by words, actions, or the use of letters as described	2442
in division (C) of this section to be able to practice physical	2443
therapy or to provide physical therapy services, including	2444
practice as a physical therapist assistant, unless the person	2445
holds a valid license under sections 4755.40 to 4755.56 of the	2446
Revised Code or except for submission of claims as provided in	2447
section 4755.56 of the Revised Code.	2448

(C) No person shall use the words or letters, physical	2449
therapist, physical therapy, physical therapy services,	2450
physiotherapist, physiotherapy, physiotherapy services, licensed	2451
physical therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T.,	2452
D.P.T., M.S.P.T., P.T.A., physical therapy assistant, physical	2453
therapist assistant, physical therapy technician, licensed	2454
physical therapist assistant, L.P.T.A., R.P.T.A., or any other	2455
letters, words, abbreviations, or insignia, indicating or implying	2456
that the person is a physical therapist or physical therapist	2457
assistant without a valid license under sections 4755.40 to	2458
4755.56 of the Revised Code.	2459

(D) No person who practices physical therapy or assists in	2460
the provision of physical therapy treatments under the supervision	2461
of a physical therapist shall fail to display the person's current	2462
license granted under sections 4755.40 to 4755.56 of the Revised	2463
Code in a conspicuous location in the place where the person	2464
spends the major part of the person's time so engaged.	2465

(E) Nothing in sections 4755.40 to 4755.56 of the Revised	2466
Code shall affect or interfere with the performance of the duties	2467
of any physical therapist or physical therapist assistant in	2468
active service in the army, navy, coast guard, marine corps, air	2469
force, public health service, or marine hospital service of the	2470
United States, while so serving.	2471

(F) Nothing in sections 4755.40 to 4755.56 of the Revised	2472
Code shall prevent or restrict the activities or services of a	2473
person pursing a course of study leading to a degree in physical	2474
therapy in an accredited or approved educational program if the	2475
activities or services constitute a part of a supervised course of	2476
study and the person is designated by a title that clearly	2477
indicates the person's status as a student.	2478

(G) No person shall practice physical therapy other than on	2479
the prescription of, or the referral of a patient by, a person who	2480
is licensed in this or another state to practice medicine and	2481
surgery, chiropractic, dentistry, osteopathic medicine and	2482
surgery, podiatric medicine and surgery, or to practice nursing	2483
as a certified registered nurse anesthetist, clinical nurse	2484
specialist, certified nurse-midwife, or certified nurse	2485
practitioner, within the scope of such practices, and whose	2486
license is in good standing, unless either of the following	2487
conditions is met:	2488

(1) The person holds a master's or doctorate degree from a	2489
professional physical therapy program that is accredited by a	2490
national physical therapy accreditation agency recognized by the	2491
United States department of education and by the Ohio occupational	2492
therapy, physical therapy, and athletic trainers board.	2493

(2) On or before December 31, 2004, the person has completed	2494
at least two years of practical experience as a licensed physical	2495
therapist.	2496

(G)(H) In the prosecution of any person for violation of	2497
division (B) or (C) of this section, it is not necessary to allege	2498
or prove want of a valid license to practice physical therapy or	2499
to practice as a physical therapist assistant, but such matters	2500
shall be a matter of defense to be established by the accused.	2501

Sec. 4755.482.  (A) Except as otherwise provided in divisions	2502
(B) and (C) of this section, a person shall not teach a physical	2503
therapy theory and procedures course in physical therapy education	2504
without obtaining a license as a physical therapist from the	2505
physical therapy section of the Ohio occupational therapy,	2506
physical therapy, and athletic trainers board.	2507

(B) A person who is registered or licensed as a physical	2508
therapist under the laws of another state shall not teach a	2509
physical therapy theory and procedures course in physical therapy	2510
education for more than one year without obtaining a license as a	2511
physical therapist from the physical therapy section.	2512

(C) A person who is registered or licensed as a physical	2513
therapist under the laws of a foreign country and is not	2514
registered or licensed as a physical therapist in any state who	2515
wishes to teach a physical therapy theory and procedures course in	2516
physical therapy education in this state, or an institution that	2517
wishes the person to teach such a course at the institution, may	2518
apply to the physical therapy section to request authorization for	2519
the person to teach such a course for a period of not more than	2520
one year. Any member of the physical therapy section may approve	2521
the person's or institution's application. No person described in	2522
this division shall teach such a course for longer than one year	2523
without obtaining a license from the physical therapy section.	2524

(D) The physical therapy section may investigate any person	2525
who allegedly has violated this section. The physical therapy	2526
section has the same powers to investigate an alleged violation of	2527
this section as those powers specified in section 4755.02 of the	2528
Revised Code. If, after investigation, the physical therapy	2529
section determines that reasonable evidence exists that a person	2530
has violated this section, within seven days after that	2531
determination, the physical therapy section shall send a written	2532
notice to that person in the same manner as prescribed in section	2533
119.07 of the Revised Code for licensees, except that the notice	2534
shall specify that a hearing will be held and specify the date,	2535
time, and place of the hearing.	2536

The physical therapy section shall hold a hearing regarding	2537
the alleged violation in the same manner prescribed for an	2538
adjudication hearing under section 119.09 of the Revised Code. If	2539
the physical therapy section, after the hearing, determines a	2540
violation has occurred, the physical therapy section may	2541
discipline the person in the same manner as the physical therapy	2542
section disciplines licensees under section 4755.47 of the Revised	2543
Code. The physical therapy section's determination is an order	2544
that the person may appeal in accordance with section 119.12 of	2545
the Revised Code.	2546

If a person who allegedly committed a violation of this	2547
section fails to appear for a hearing, the physical therapy	2548
section may request the court of common pleas of the county where	2549
the alleged violation occurred to compel the person to appear	2550
before the physical therapy section for a hearing. If the physical	2551
therapy section assesses a person a civil penalty for a violation	2552
of this section and the person fails to pay that civil penalty	2553
within the time period prescribed by the physical therapy section,	2554
the physical therapy section shall forward to the attorney general	2555
the name of the person and the amount of the civil penalty for the	2556
purpose of collecting that civil penalty. In addition to the civil	2557
penalty assessed pursuant to this section, the person also shall	2558
pay any fee assessed by the attorney general for collection of the	2559
civil penalty.	2560

Sec. 4755.50.  Nothing in this chapter shall be construed to	2561
prevent or restrict the practice of any person who is a licensed	2562
health care professional in this state while practicing within the	2563
scope of histhe person's license and according to the standards	2564
and ethics of histhe person's profession, or of any person	2565
employed by or acting under the supervision of athat licensed	2566
health care professional. Services rendered by a person acting	2567
under the supervision or in the employment of a licensed health	2568
care professional shall not be designated physical therapy.	2569

Sec. 4755.51. On and after March 28, 1993, exceptExcept in	2570
the case of a first license renewal, a physical therapist is	2571
eligible for renewal of histhe physical therapist's license only	2572
if hethe physical therapist has completed twenty-four units of	2573
continuing education in one or more courses, activities, or	2574
programs approved by the physical therapy section of the Ohio	2575
occupational therapy, physical therapy, and athletic trainers	2576
board.	2577

On and after March 28, 1991, except in the case of a first	2578
license renewal, a physical therapist assistant is eligible for	2579
renewal of his license only if he has completed twelve units of	2580
continuing education in one or more courses, activities, or	2581
programs approved by the physical therapy section.	2582

On request of the physical therapy section, an applicant for	2583
license renewal shall submit evidence satisfactory to the section	2584
of completion of the required continuing physical therapy or	2585
physical therapist assistant education.	2586

Sec. 4755.511.  Except in the case of a first license	2587
renewal, a physical therapist assistant is eligible for renewal of	2588
the physical therapist assistant's license only if the physical	2589
therapist assistant has completed twelve units of continuing	2590
education in one or more courses, activities, or programs approved	2591
by the physical therapy section of the Ohio occupational therapy,	2592
physical therapy, and athletic trainers board.	2593

On request of the physical therapy section, an applicant for	2594
license renewal shall submit evidence satisfactory to the section	2595
of completion of the required continuing physical therapist	2596
assistant education.	2597

Sec. 4755.52.  (A) In accordance with Chapter 119. of the	2598
Revised Code, the physical therapy section of the Ohio	2599
occupational therapy, physical therapy, and athletic trainers	2600
board shall adopt rules specifying standards, in addition to the	2601
standards specified by division (B) of this section, for approval	2602
of continuing education courses, programs, and activities for	2603
physical therapists and physical therapist assistants.	2604

(B) To be eligible for approval by the physical therapy	2605
section, a continuing education course, program, or activity shall	2606
meet all of the following requirements:	2607

(1) Include significant intellectual or practical content,	2608
the primary objective of which is to improve the professional	2609
competence of the participant;	2610

(2) Be an organized program of learning dealing with matters	2611
directly related to the practice of physical therapy, professional	2612
responsibility, ethical obligations, or similar subjects that the	2613
section determines maintain and improve the quality of physical	2614
therapy services in this state;	2615

(3) Consist of in-person instruction or other methods of	2616
instruction, including the use of self-study materials prepared	2617
and conducted by an individual or a group qualified by practical	2618
or academic experience as determined by the section;	2619

(4) Be presented in a setting physically suited to the	2620
educational activity of the course, program, or activity;	2621

(5) Include thorough, high-quality written material;

2622

(6) Meet any other standards established by rule of the	2623
section adopted under division (A) of this section.	2624

(C) The physical therapy section shall review physical	2625
therapy continuing education programs, courses, and activities and	2626
grant approval to those that meet the standards established under	2627
divisions (A) and (B) of this section. If the section denies	2628
approval of a course, program, or activity, it shall give a	2629
written explanation of the reason for denial to the person	2630
requesting approval.	2631

The physical therapy section may approve continuing education	2632
courses, programs, and activities that have been approved by a	2633
boardan agency in another state that governs the licensure of	2634
physical therapists and physical therapist assistants if the	2635
section determines that the standards for continuing education	2636
courses established by that other boardthe agency are comparable	2637
to those established pursuant to this section.	2638

The physical therapy section may contract with the Ohio	2639
chapter of the American physical therapy association for	2640
assistance in performance of the section's duties under this	2641
section.	2642

Sec. 4755.56.  (A) As used in this section:

2643

(1) "Governmental health care program" has the same meaning	2644
as in section 4731.65 of the Revised Code.	2645

(2) "Third-party payer" has the same meaning as in section	2646
3901.38 of the Revised Code.	2647

(B)(1) Except as provided in division (B)(2) of this section,	2648
each person and governmental entity, when submitting to a	2649
governmental health care program or third-party payer a claim for	2650
payment for services rendered in this state that are designated in	2651
the claim as physical therapy, shall specify in the claim one of	2652
the following:	2653

(a) The current license number ofnational provider	2654
identifier that is assigned by the United States secretary of	2655
health and human services or the secretary's designee pursuant to	2656
45 C.F.R. 162.406 and 162.408 to the physical therapist licensed	2657
under this chapter who rendered the services;	2658

(b) The current license number of anothernational provider	2659
identifier that is assigned by the United States secretary of	2660
health and human services or the secretary's designee pursuant to	2661
45 C.F.R. 162.406 and 162.408 to the health care professional who	2662
rendered the services in accordance with section 4755.50 of the	2663
Revised Code.	2664

(2) The requirement of division (B)(1) of this section to	2665
specify license numbersthe national provider identifiers on	2666
claims for services designated as physical therapy does not apply	2667
to a hospital, as defined in section 3727.01 of the Revised Code,	2668
or to any entity submitting a claim on behalf of a hospital unless	2669
otherwise required by federal law.	2670

(C) Each physical therapist licensed under this chapter who	2671
renders or supervises physical therapy, and each health care	2672
professional licensed in this state who renders services in	2673
accordance with section 4755.50 of the Revised Code designated as	2674
physical therapy, shall provide a patient, when the patient is	2675
responsible for submitting a claim to a governmental health care	2676
program or third-party payer, with his current license numberthe	2677
physical therapist's or health care professional's national	2678
provider identifier and a written explanation of the provisions of	2679
divisions (B)(1) and (D) of this section.	2680

(D) A governmental health care program or third-party payer	2681
is not required to pay a claim for payment for services designated	2682
as physical therapy that does not specify the license numbers	2683
national provider identifiers required by division (B)(1) of this	2684
section. If the claim was submitted by the physical therapist who	2685
rendered or supervised the services, another health care	2686
professional who rendered or supervised the services in accordance	2687
with section 4755.50 of the Revised Code, or an entity other than	2688
a patient on behalf of the therapist or health care professional,	2689
the patient is not required to pay any amount for the services	2690
specified in the claim.	2691

Sec. 4755.61.  (A) The athletic trainers section of the Ohio	2692
occupational therapy, physical therapy, and athletic trainers	2693
board shall:	2694

(1) Adopt rules, not inconsistent with this chapter, for the	2695
licensure of athletic trainers, including rules that specify the	2696
application form and educational course work and clinical	2697
experience requirements for licensure;	2698

(2) Establish and deposit fees in accordance with division	2699
(B) of this section and section 4755.134755.03 of the Revised	2700
Code fixing license and examination fees;	2701

(3) Conduct hearings, keep records of its proceedings, and do	2702
all things necessary and proper to administer and enforce sections	2703
4755.614755.60 to 4755.65 of the Revised Code;	2704

(4) Publish and make available, upon request and for a fee	2705
not to exceed the actual cost of printing and mailing, the	2706
requirements for the issuance of an athletic trainers license	2707
under this chapter and the rules adopted thereunder;	2708

(5) Maintain a register of every person licensed to practice	2709
athletic training in this state, including the addresses of the	2710
licensee's last known place of business and residence, and the	2711
effective date and identification number of the person's license.	2712
The boardsection shall make this list available to any person	2713
upon request and payment of a fee not to exceed the actual cost of	2714
printing and mailing.	2715

(6) Publish and make available, upon request and for a fee	2716
not to exceed the actual cost of printing and mailing, a list of	2717
persons who passed the examination required under section 4755.62	2718
of the Revised Code;	2719

(7) Investigate complaints concerning alleged violations of	2720
section 4755.62 of the Revised Code or other grounds for the	2721
suspension, revocation, or refusal to issue a license under	2722
section 3123.47 or 4755.64 of the Revised Code. In connection with	2723
its investigations, the athletic trainers section may subpoena	2724
witnesses, issue subpoenas, examine witnesses, administer oaths,	2725
and, under the direction of the executive secretarydirector of	2726
the board, investigate complaints and make inspections and other	2727
inquiries as in the judgment of the section are appropriate to	2728
enforce sections 3123.41 to 3123.50, 4755.62, and 4755.64and this	2729
chapter of the Revised Code. The section may review and audit the	2730
records of any licensee during normal business hours at the	2731
licensee's place of business or at any other place where the	2732
licensee's records are kept. Notwithstanding section 149.43 of	2733
the Revised Code, the athletic trainers section and its employees,	2734
except pursuant to a court order, shall maintain in confidence all	2735
information obtained.	2736

(8) Adopt rules governing the nature and scope of the	2737
examination required under section 4755.62 of the Revised Code and	2738
the reexamination required under section 4755.63 of the Revised	2739
Code and the minimum examination score for licensure or renewal	2740
thereof. The rules for the examination required under section	2741
4755.62 of the Revised Code shall ensure the testing of the	2742
applicant's knowledge of the basic and clinical sciences relating	2743
to athletic training theory and practice, including professional	2744
skills and judgment in the utilization of athletic training	2745
techniques and such other subjects as the athletic trainers	2746
section of the board considers useful in determining competency to	2747
practice athletic training.	2748

(9) Conduct the examination required under section 4755.62 of	2749
the Revised Code at least twice a year at a time and place and	2750
under such supervision as the athletic trainers section of the	2751
board determines;	2752

(10) Adopt rules to determine which states' standards for	2753
licensure are equal to or greater than this state's for the	2754
purpose of waiving requirements under division (D) of section	2755
4755.62 of the Revised Code;	2756

(11) Adopt rules to determine which examinations meet the	2757
requirements of division (E) of section 4755.62 of the Revised	2758
Code;	2759

(12) Adopt rules establishing the standards of ethical	2760
conduct for licensed athletic trainers under this chapter;	2761

(13) Adopt rules to determinespecifying the scope and nature	2762
of the continuing education courses that are acceptable to the	2763
athletic trainers section and the number of courses that must be	2764
completed to comply with the requirement for renewal of a license	2765
under section 4755.63 of the Revised Code.	2766

(14) Adopt rules establishing the schedule when licenses to	2767
practice as an athletic trainer expire during a biennium for	2768
purposes of section 4755.63 of the Revised Code.	2769

(B) The fees adopted by the athletic trainers section of the	2770
board pursuant to division (A)(2) of this section shall be	2771
established and adjusted as required to provide sufficient	2772
revenues to meet the expenses of the section in administering	2773
sections 4755.614755.60 to 4755.66 of the Revised Code. The fees	2774
shall include:	2775

(1) A nonrefundable examination fee, not to exceed the amount	2776
necessary to cover the expense of administering the examination;	2777

(2) An initial license fee;

2778

(3) A biennial license renewal fee;

2779

(4) A late renewal penalty, not to exceed fifty per cent of	2780
the renewal fee.	2781

The athletic trainers section of the board may, by rule,	2782
provide for the waiver of all or part of a license fee if the	2783
license is issued less than one hundred days before its expiration	2784
date.	2785

(C) All rules under sections 4755.614755.60 to 4755.65 of	2786
the Revised Code shall be adopted by the athletic trainers section	2787
of the board in accordance with Chapter 119. of the Revised Code.	2788

Sec. 4755.62.  (A) No person shall claim to the public to be	2789
an athletic trainer or imply by words, actions, or letters that	2790
the person is an athletic trainer, or otherwise engage in the	2791
practice of athletic training, unless the person is licensed as an	2792
athletic trainer pursuant to this chapter.	2793

(B) Except as otherwise provided in division (B) of section	2794
4755.65 of the Revised Code, no educational institution,	2795
partnership, association, or corporation shall advertise or	2796
otherwise offer to provide or convey the impression that it is	2797
providing athletic training unless an individual licensed as an	2798
athletic trainer pursuant to this chapter is employed by, or under	2799
contract to, the educational institution, partnership,	2800
association, or corporation and will be performing the athletic	2801
training services to which reference is made.	2802

(C) To qualify for an athletic trainers license, a person	2803
shall:	2804

(1) Have satisfactorily completed an application for	2805
licensure in accordance with rules adopted by the athletic	2806
trainers section of the Ohio occupational therapy, physical	2807
therapy, and athletic trainers board under section 4755.61 of the	2808
Revised Code;	2809

(2) Have paid the examination fee required under this	2810
section;	2811

(3) Be a resident of the state or perform substantial	2812
athletic training within the state;	2813

(4) Be of good moral character;

2814

(5)(4) Have shown, to the satisfaction of the athletic	2815
trainers section of the board, that the applicant has received a	2816
baccalaureate or higher degree from an institution of higher	2817
education, approved by the athletic trainers section of the board	2818
and the federal regional accreditation agency and recognized by	2819
the council on postsecondary accreditation, and has satisfactorily	2820
completed a program that meets the academic standards for athletic	2821
trainers established by the national athletic trainers	2822
association, inc. The program shall include satisfactory	2823
completion of the educational course work requirements established	2824
by rule of the athletic trainers section under division (A)(1) of	2825
section 4755.61 of the Revised Code.	2826

(6)(5) In addition to educational course work requirements,	2827
have completed eight hundred hours ofobtained supervised clinical	2828
experience over a minimum of a two-year periodthat meets the	2829
requirements established in rules adopted by the athletic trainers	2830
section under section 4755.61 of the Revised Code;	2831

(7)(6) Have passed an examination adopted by the athletic	2832
trainers section of the board under division (A)(8) of section	2833
4755.61 of the Revised Code. Each applicant for licensure shall	2834
pay, at the time of application, the nonrefundable examination fee	2835
set by the athletic trainers section.	2836

(D) The section may waive the requirements of division (C) of	2837
this section for any applicant who presents proof of current	2838
licensure in another state whose standards for licensure, as	2839
determined by the boardsection, are equal to or greater than	2840
those in effect in this state on the date of application.	2841

(E) The section shall issue a license to every applicant who	2842
complies with the requirements of division (C) of this section,	2843
files the required application form, and pays the fees required by	2844
section 4755.61 of the Revised Code. A license issued under this	2845
section entitles the holder to engage in the practice of athletic	2846
training, claim to the public to be an athletic trainer, or to	2847
imply by words or letters that the licensee is an athletic	2848
trainer. Each licensee shall display the licensee's license in a	2849
conspicuous place at the licensee's principal place of employment.	2850

Sec. 4755.63.  Each license issued under section 4755.62 of	2851
the Revised Code expires two years after the date of issue	2852
biennially in accordance with the schedule established in rules	2853
adopted by the athletic trainers section of the Ohio occupational	2854
therapy, physical therapy, and athletic trainers board under	2855
section 4755.61 of the Revised Code, but each person holding a	2856
valid, unexpired license may apply to the athletic trainers	2857
section of the Ohio occupational therapy, physical therapy, and	2858
athletic trainers board, on forms and according to the schedule	2859
approved by the section, for license renewal. The section shall	2860
renew a license upon the payment of the license renewal fee	2861
prescribed by section 4755.61 of the Revised Code, submission of	2862
the renewal application, and submission to the section of proof of	2863
satisfactory completion of not less than six unitsthe required	2864
number of continuing education courses acceptable to the section,	2865
or reexamination, as specified in rules adopted by the section	2866
under section 4755.61 of the Revised Code.	2867

Sec. 4755.64.  (A) In accordance with Chapter 119. of the	2868
Revised Code, the athletic trainers section of the Ohio	2869
occupational therapy, physical therapy, and athletic trainers	2870
board may suspend, revoke, or refuse to issue or renew an athletic	2871
trainers license, or reprimand, fine, or place a licensee on	2872
probation, for any of the following:	2873

(1) Conviction of ana felony or offense involving moral	2874
turpitude, regardless of the state or country in which the	2875
conviction occurred;	2876

(2) Violation of sections 4755.61 to 4755.65 of the Revised	2877
Code or any order issued or rule adopted thereunder;	2878

(3) Obtaining a license through fraud, false or misleading	2879
representation, or concealment of material facts;	2880

(4) Negligence or gross misconduct in the practice of	2881
athletic training;	2882

(5) Violating the standards of ethical conduct in the	2883
practice of athletic training as adopted by the athletic trainers	2884
section under section 4755.61 of the Revised Code;	2885

(6) Using any controlled substance or alcohol to the extent	2886
that the ability to practice athletic training at a level of	2887
competency is impaired;	2888

(7) Practicing in an area of athletic training for which the	2889
individual is clearly untrained or, incompetent, or practiced	2890
practicing without the referral of a practitioner licensed under	2891
Chapter 4731. of the Revised Code, a dentist licensed under	2892
Chapter 4715. of the Revised Code, a chiropractor licensed under	2893
Chapter 4734. of the Revised Code, or a physical therapist	2894
licensed under this chapter;	2895

(8) Employing, directing, or supervising a person in the	2896
performance of athletic training procedures who is not authorized	2897
to practice as a licensed athletic trainer under this chapter;	2898

(9) Misrepresenting educational attainments or the functions	2899
the individual is authorized to perform for the purpose of	2900
obtaining some benefit related to the individual's athletic	2901
training practice;	2902

(10) Failing the licensing examination;

2903

(11) Aiding or abetting the unlicensed practice of athletic	2904
training;	2905

(12) Having been disciplined by the athletic training	2906
licensing authority of another state or country for an act that	2907
would constitute grounds for discipline under this sectionDenial,	2908
revocation, suspension, or restriction of authority to practice a	2909
health care occupation, including athletic training, for any	2910
reason other than a failure to renew, in Ohio or another state or	2911
jurisdiction.	2912

(B) If the athletic trainers section places a licensee on	2913
probation under division (A) of this section, the section's order	2914
for placement on probation shall be accompanied by a written	2915
statement of the conditions under which the person may be removed	2916
from probation and restored to unrestricted practice.	2917

(C) A licensee whose license has been revoked under division	2918
(A) of this section may apply to the athletic trainers section for	2919
reinstatement of the license one year following the date of	2920
revocation. The athletic trainers section may accept or deny the	2921
application for reinstatement and may require that the applicant	2922
pass an examination as a condition for reinstatement.	2923

(D) On receipt of a complaint that a person licensed by the	2924
athletic trainers section has committed any of the prohibited	2925
actions listed in division (A) of this section, the section may	2926
immediately suspend the license of a licensed athletic trainer	2927
prior to holding a hearing in accordance with Chapter 119. of the	2928
Revised Code if it determines, based on the complaint, that the	2929
licensee poses an immediate threat to the public. The section	2930
shall notify the licensed athletic trainer of the suspension in	2931
accordance with section 119.07 of the Revised Code. If the	2932
individual whose license is suspended fails to make a timely	2933
request for an adjudication under Chapter 119. of the Revised	2934
Code, the section shall enter a final order permanently revoking	2935
the individual's license.	2936

Sec. 4755.65.  (A) Nothing in sections 4755.61 to 4755.64 of	2937
the Revised Code shall be construed to prevent or restrict the	2938
practice, services, or activities of any person who:	2939

(1) Is an individual authorized under Chapter 4731. of the	2940
Revised Code to practice medicine and surgery, osteopathic	2941
medicine and surgery, or podiatry, a dentist licensed under	2942
Chapter 4715. of the Revised Code, a chiropractor licensed under	2943
Chapter 4734. of the Revised Code, a dietitian licensed under	2944
Chapter 4759. of the Revised Code, a physical therapist licensed	2945
under this chapter, or a qualified member of any other occupation	2946
or profession practicing within the scope of the person's license	2947
or profession and who does not claim to the public to be an	2948
athletic trainer;	2949

(2) Is employed as an athletic trainer by an agency of the	2950
United States government and provides athletic training solely	2951
under the direction or control of the agency by which the person	2952
is employed;	2953

(3) Is a student in a board-approvedan athletic training	2954
education program approved by the athletic trainers section	2955
leading to a baccalaureate or higher degree from an accredited	2956
college or university and is performing duties that are a part of	2957
a supervised course of study;	2958

(4) Is a nonresident ofnot an individual licensed as an	2959
athletic trainer in this state practicing or offeringwho	2960
practices or offers to practice athletic training, if the	2961
nonresident offers athletic training services for not more than	2962
ninety calendar days per year or, with board approval, for more	2963
than ninety but not more than one hundred eighty calendar days per	2964
year and meets either of the following requirements:	2965

(a) The nonresident qualifies for licensure under section	2966
4755.62 of the Revised Code, except for passage of the examination	2967
required under division (C)(7) of that section;	2968

(b) The nonresident holds a valid license issued by a state	2969
that has licensure requirements considered by the athletic	2970
trainers section of the Ohio occupational therapy, physical	2971
therapy, and athletic trainers board to be comparable to those of	2972
this state.while traveling with a visiting team or organization	2973
from outside the state or an event approved by the section for the	2974
purpose of providing athletic training to the visiting team,	2975
organization, or event;	2976

(5) Provides athletic training only to relatives or in	2977
medical emergencies;	2978

(6) Provides gratuitous care to friends or members of the	2979
person's family;	2980

(7) Provides only self-care.

2981

(B) Nothing in this chapter shall be construed to prevent any	2982
person licensed under Chapter 4723. of the Revised Code and whose	2983
license is in good standing, any person authorized under Chapter	2984
4731. of the Revised Code to practice medicine and surgery or	2985
osteopathic medicine and surgery and whose certificate to practice	2986
is in good standing, any person authorized under Chapter 4731. of	2987
the Revised Code to practice podiatry and whose certificate to	2988
practice is in good standing, any person licensed under Chapter	2989
4734. of the Revised Code to practice chiropractic and whose	2990
license is in good standing, any person licensed as a dietitian	2991
under Chapter 4759. of the Revised Code to practice dietetics and	2992
whose license is in good standing, any person licensed as a	2993
physical therapist under this chapter to practice physical therapy	2994
and whose license is in good standing, or any association,	2995
corporation, or partnership from advertising, describing, or	2996
offering to provide athletic training, or billing for athletic	2997
training if the athletic training services are provided by a	2998
person licensed under this chapter and practicing within the scope	2999
of the person's license, by a person licensed under Chapter 4723.	3000
of the Revised Code and practicing within the scope of the	3001
person's license, by a person authorized under Chapter 4731. of	3002
the Revised Code to practice podiatry, by a person authorized	3003
under Chapter 4731. of the Revised Code to practice medicine and	3004
surgery or osteopathic medicine and surgery, by a person licensed	3005
under Chapter 4734. of the Revised Code to practice chiropractic,	3006
or by a person licensed under Chapter 4759. of the Revised Code to	3007
practice dietetics.	3008

(C) Nothing in this chapter shall be construed as authorizing	3009
a licensed athletic trainer to practice medicine and surgery,	3010
osteopathic medicine and surgery, podiatry, or chiropractic.	3011

Sec. 4755.66.  On receipt of a notice pursuant to section	3012
3123.43 of the Revised Code, the appropriate section of the Ohio	3013
occupational therapy, physical therapy, and athletic trainer's	3014
trainers board shall comply with sections 3123.41 to 3123.50 of	3015
the Revised Code and any applicable rules adopted under section	3016
3123.63 of the Revised Code with respect to a license issued	3017
pursuant to this chapter.	3018

Sec. 4755.99.  (A) Whoever violates section 4755.02sections	3019
4755.05 or 4755.62 or divisions (A), (B), (C), (D), or (G) of	3020
section 4755.48 of the Revised Code is guilty of a minor	3021
misdemeanor. If the offender has previously been convicted of an	3022
offense under that section, the offender is guilty of a	3023
misdemeanor of the fourththird degree on a first offense and a	3024
misdemeanor of the first degree on each subsequent offense.	3025

(B)(1) One-half of all fines collected for violation of	3026
section 4755.024755.05 of the Revised Code shall be distributed	3027
to the occupational therapy section of the Ohio occupational	3028
therapy, physical therapy, and athletic trainers board and then	3029
paid into the state treasury to the credit of the occupational	3030
licensing and regulatory fund, and one-half to the treasury of the	3031
municipal corporation in which the offense was committed, or if	3032
the offense was committed outside the limits of a municipal	3033
corporation, to the treasury of the county.	3034

(2) One-half of all fines collected for violation of section	3035
4755.48 of the Revised Code shall be distributed to the physical	3036
therapy section of the Ohio occupational therapy, physical	3037
therapy, and athletic trainers board and then paid into the state	3038
treasury to the credit of the occupational licensing and	3039
regulatory fund, and one-half to the treasury of the municipal	3040
corporation in which the offense was committed, or if the offense	3041
was committed outside the limits of a municipal corporation, to	3042
the treasury of the county.	3043

(3) One-half of all fines collected for violation of section	3044
4755.62 of the Revised Code shall be distributed to the athletic	3045
trainers section of the Ohio occupational therapy, physical	3046
therapy, and athletic trainers board and then paid into the state	3047
treasury to the credit of the occupational licensing and	3048
regulatory fund, and one-half to the treasury of the municipal	3049
corporation in which the offense was committed, or if the offense	3050
was committed outside the limits of a municipal corporation, to	3051
the treasury of the county	3052

(B) Whoever violates division (A) of section 4755.48 of the	3053
Revised Code is guilty of a misdemeanor of the third degree.	3054

(C) Whoever violates division (B), (C), (D), or (F) of	3055
section 4755.48 of the Revised Code is guilty of a misdemeanor of	3056
the second degree.	3057

(D) Whoever violates division (A) or (B) of section 4755.62	3058
of the Revised Code is guilty of a misdemeanor of the first	3059
degree.	3060

Section 2. That existing sections 1705.03, 1705.04, 1705.53,	3061
1785.01, 1785.02, 1785.03, 3701.881, 3902.22, 4723.16, 4729.161,	3062
4731.226, 4731.65, 4732.28, 4734.17, 4755.01, 4755.02, 4755.03,	3063
4755.04, 4755.05, 4755.06, 4755.07, 4755.08, 4755.09, 4755.10,	3064
4755.11, 4755.12, 4755.13, 4755.40, 4755.41, 4755.42, 4755.43,	3065
4755.45, 4755.46, 4755.47, 4755.48, 4755.50, 4755.51, 4755.52,	3066
4755.56, 4755.61, 4755.62, 4755.63, 4755.64, 4755.65, 4755.66, and	3067
4755.99, and sections 4755.44 and 4755.49 of the Revised Code are	3068
hereby repealed.	3069

Section 3. On the effective date of this act, any rule	3070
administered by the physical therapy section of the Ohio	3071
Occupational Therapy, Physical Therapy, and Athletic Trainers	3072
Board that is in conflict with the provisions of this act is void.	3073

Section 4. A member of the Ohio Occupational Therapy,	3074
Physical Therapy, and Athletic Trainers Board or Physical Therapy	3075
Section who, as of the effective date of this section, has served	3076
more than a total of nine years on the Board or Physical Therapy	3077
Section may complete the member's current term but is not eligible	3078
for reappointment for the following term.	3079

Section 5.  Section 1785.01 of the Revised Code is presented	3080
in this act as a composite of the section as amended by both Sub.	3081
H.B. 606 and Sub. H.B. 698 of the 122nd General Assembly. The	3082
General Assembly, applying the principle stated in division (B) of	3083
section 1.52 of the Revised Code that amendments are to be	3084
harmonized if reasonably capable of simultaneous operation, finds	3085
that the composite is the resulting version of the section in	3086
effect prior to the effective date of the section as presented in	3087
this act.	3088