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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
(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 |
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 |
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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
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 |
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 |
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 |
(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 |
(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 |
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 |
(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 |
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 |
(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. 4755.46. (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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |