As Introduced

126th General Assembly Regular Session 2005-2006

S. B. No. 17

Senators Spada, Jacobson, Fedor 

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A BILL

To amend sections 2151.421, 2317.02, and 2901.13 of

1

the Revised Code to require a member of the

2

clergy, rabbi, priest, minister, or any person or

3

layperson acting as a leader, official, delegate,

4

or other designated function on behalf of any

5

church, religious society, or faith to report the

6

abuse or neglect of a child and to toll the

7

statute of limitations for violations involving

8

abuse or neglect of a child if certain individuals

9

fail to report the abuse or neglect of the child.

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

Section 1. That sections 2151.421, 2317.02, and 2901.13 of	11
the Revised Code be amended to read as follows:	12

Sec. 2151.421.  (A)(1)(a) No person described in division	13
(A)(1)(b) of this section who is acting in an official or	14
professional capacity and knows or suspects that a child under	15
eighteen years of age or a mentally retarded, developmentally	16
disabled, or physically impaired child under twenty-one years of	17
age has suffered or faces a threat of suffering any physical or	18
mental wound, injury, disability, or condition of a nature that	19
reasonably indicates abuse or neglect of the child, shall fail to	20
immediately report that knowledge or suspicion to the entity or	21
persons specified in this division. Except as provided in section	22
5120.173 of the Revised Code, the person making the report shall	23
make it to the public children services agency or a municipal or	24
county peace officer in the county in which the child resides or	25
in which the abuse or neglect is occurring or has occurred. In the	26
circumstances described in section 5120.173 of the Revised Code,	27
the person making the report shall make it to the entity specified	28
in that section.	29

(b) Division (A)(1)(a) of this section applies to any person	30
who is an attorney; physician, including a hospital intern or	31
resident; dentist; podiatrist; practitioner of a limited branch of	32
medicine as specified in section 4731.15 of the Revised Code;	33
registered nurse; licensed practical nurse; visiting nurse; other	34
health care professional; licensed psychologist; licensed school	35
psychologist; independent marriage and family therapist or	36
marriage and family therapist; speech pathologist or audiologist;	37
coroner; administrator or employee of a child day-care center;	38
administrator or employee of a residential camp or child day camp;	39
administrator or employee of a certified child care agency or	40
other public or private children services agency; school teacher;	41
school employee; school authority; person engaged in social work	42
or the practice of professional counseling; agent of a county	43
humane society; cleric; any person designated by any church,	44
religious society, or faith acting as a leader, official, or	45
delegate on behalf of the church, religious society, or faith;	46
person rendering spiritual treatment through prayer in accordance	47
with the tenets of a well-recognized religion; superintendent,	48
board member, or employee of a county board of mental retardation;	49
investigative agent contracted with by a county board of mental	50
retardation; or employee of the department of mental retardation	51
and developmental disabilities.	52

(2) AnExcept as provided in division (A)(3) of this section,	53
an attorney or a, physician, or cleric is not required to make a	54
report pursuant to division (A)(1) of this section concerning any	55
communication the attorney or, physician, or cleric receives from	56
a client or, patient, or penitent in an attorney-client or,	57
physician-patient, or cleric-penitent relationship, if, in	58
accordance with division (A) or, (B), or (C) of section 2317.02 of	59
the Revised Code, the attorney or, physician, or cleric could not	60
testify with respect to that communication in a civil or criminal	61
proceeding, except that.	62

(3) If the client or, patient, or penitent is deemed to have	63
waived any testimonial privilege under division (A) or, (B), or	64
(C) of section 2317.02 of the Revised Code with respect to that	65
any communication andthe attorney, physician, or cleric receives	66
from the client, patient, or penitent in an attorney-client,	67
physician-patient, or cleric-penitent relationship, the attorney	68
or, physician, or cleric shall make a report pursuant to division	69
(A)(1) of this section with respect to that communication, if all	70
of the following apply:	71

(a) The client or, patient, or penitent, at the time of the	72
communication, is either a child under eighteen years of age or a	73
mentally retarded, developmentally disabled, or physically	74
impaired person under twenty-one years of age.	75

(b) The attorney or, physician, or cleric knows or suspects,	76
as a result of the communication or any observations made during	77
that communication, that the client or patienta child under	78
eighteen years of age or a mentally retarded, developmentally	79
disabled, or physically impaired person under twenty-one years of	80
age has suffered or faces a threat of suffering any physical or	81
mental wound, injury, disability, or condition of a nature that	82
reasonably indicates abuse or neglect of the client or patient	83
child or person.	84

(c) The attorney-client or physician-patient relationship	85
abuse or neglect does not arise out of the client's or patient's	86
an attempt to have an abortion performed upon a child under	87
eighteen years of age or upon a mentally retarded, developmentally	88
disabled, or physically impaired person under twenty-one years of	89
age without the notification of her parents, guardian, or	90
custodian in accordance with section 2151.85 of the Revised Code.	91

(4) Division (A)(3) of this section does not apply in a	92
cleric-penitent relationship when the disclosure of any	93
communication the cleric receives from the penitent is in	94
violation of the sacred trust.	95

(5) As used in division (A) of this section, "cleric" and	96
"sacred trust" have the same meanings as in section 2317.02 of the	97
Revised Code.	98

(B) Anyone, who knows or suspects that a child under eighteen	99
years of age or a mentally retarded, developmentally disabled, or	100
physically impaired person under twenty-one years of age has	101
suffered or faces a threat of suffering any physical or mental	102
wound, injury, disability, or other condition of a nature that	103
reasonably indicates abuse or neglect of the child may report or	104
cause reports to be made of that knowledge or suspicion to the	105
entity or persons specified in this division. Except as provided	106
in section 5120.173 of the Revised Code, a person making a report	107
or causing a report to be made under this division shall make it	108
or cause it to be made to the public children services agency or	109
to a municipal or county peace officer. In the circumstances	110
described in section 5120.173 of the Revised Code, a person making	111
a report or causing a report to be made under this division shall	112
make it or cause it to be made to the entity specified in that	113
section.	114

(C) Any report made pursuant to division (A) or (B) of this	115
section shall be made forthwith either by telephone or in person	116
and shall be followed by a written report, if requested by the	117
receiving agency or officer. The written report shall contain:	118

(1) The names and addresses of the child and the child's	119
parents or the person or persons having custody of the child, if	120
known;	121

(2) The child's age and the nature and extent of the child's	122
known or suspected injuries, abuse, or neglect or of the known or	123
suspected threat of injury, abuse, or neglect, including any	124
evidence of previous injuries, abuse, or neglect;	125

(3) Any other information that might be helpful in	126
establishing the cause of the known or suspected injury, abuse, or	127
neglect or of the known or suspected threat of injury, abuse, or	128
neglect.	129

Any person, who is required by division (A) of this section	130
to report known or suspected child abuse or child neglect, may	131
take or cause to be taken color photographs of areas of trauma	132
visible on a child and, if medically indicated, cause to be	133
performed radiological examinations of the child.	134

(D)(1) When a municipal or county peace officer receives a	135
report concerning the possible abuse or neglect of a child or the	136
possible threat of abuse or neglect of a child, upon receipt of	137
the report, the municipal or county peace officer who receives the	138
report shall refer the report to the appropriate public children	139
services agency.	140

(2) When a public children services agency receives a report	141
pursuant to this division or division (A) or (B) of this section,	142
upon receipt of the report, the public children services agency	143
shall comply with section 2151.422 of the Revised Code.	144

(E) No township, municipal, or county peace officer shall	145
remove a child about whom a report is made pursuant to this	146
section from the child's parents, stepparents, or guardian or any	147
other persons having custody of the child without consultation	148
with the public children services agency, unless, in the judgment	149
of the officer, and, if the report was made by physician, the	150
physician, immediate removal is considered essential to protect	151
the child from further abuse or neglect. The agency that must be	152
consulted shall be the agency conducting the investigation of the	153
report as determined pursuant to section 2151.422 of the Revised	154
Code.	155

(F)(1) Except as provided in section 2151.422 of the Revised	156
Code, the public children services agency shall investigate,	157
within twenty-four hours, each report of known or suspected child	158
abuse or child neglect and of a known or suspected threat of child	159
abuse or child neglect that is referred to it under this section	160
to determine the circumstances surrounding the injuries, abuse, or	161
neglect or the threat of injury, abuse, or neglect, the cause of	162
the injuries, abuse, neglect, or threat, and the person or persons	163
responsible. The investigation shall be made in cooperation with	164
the law enforcement agency and in accordance with the memorandum	165
of understanding prepared under division (J) of this section. A	166
failure to make the investigation in accordance with the	167
memorandum is not grounds for, and shall not result in, the	168
dismissal of any charges or complaint arising from the report or	169
the suppression of any evidence obtained as a result of the report	170
and does not give, and shall not be construed as giving, any	171
rights or any grounds for appeal or post-conviction relief to any	172
person. The public children services agency shall report each case	173
to a central registry which the department of job and family	174
services shall maintain in order to determine whether prior	175
reports have been made in other counties concerning the child or	176
other principals in the case. The public children services agency	177
shall submit a report of its investigation, in writing, to the law	178
enforcement agency.	179

(2) The public children services agency shall make any	180
recommendations to the county prosecuting attorney or city	181
director of law that it considers necessary to protect any	182
children that are brought to its attention.	183

(G)(1)(a) Except as provided in division (H)(3) of this	184
section, anyone or any hospital, institution, school, health	185
department, or agency participating in the making of reports under	186
division (A) of this section, anyone or any hospital, institution,	187
school, health department, or agency participating in good faith	188
in the making of reports under division (B) of this section, and	189
anyone participating in good faith in a judicial proceeding	190
resulting from the reports, shall be immune from any civil or	191
criminal liability for injury, death, or loss to person or	192
property that otherwise might be incurred or imposed as a result	193
of the making of the reports or the participation in the judicial	194
proceeding.	195

(b) Notwithstanding section 4731.22 of the Revised Code, the	196
physician-patient privilege shall not be a ground for excluding	197
evidence regarding a child's injuries, abuse, or neglect, or the	198
cause of the injuries, abuse, or neglect in any judicial	199
proceeding resulting from a report submitted pursuant to this	200
section.	201

(2) In any civil or criminal action or proceeding in which it	202
is alleged and proved that participation in the making of a report	203
under this section was not in good faith or participation in a	204
judicial proceeding resulting from a report made under this	205
section was not in good faith, the court shall award the	206
prevailing party reasonable attorney's fees and costs and, if a	207
civil action or proceeding is voluntarily dismissed, may award	208
reasonable attorney's fees and costs to the party against whom the	209
civil action or proceeding is brought.	210

(H)(1) Except as provided in divisions (H)(4) and (M) of this	211
section, a report made under this section is confidential. The	212
information provided in a report made pursuant to this section and	213
the name of the person who made the report shall not be released	214
for use, and shall not be used, as evidence in any civil action or	215
proceeding brought against the person who made the report. In a	216
criminal proceeding, the report is admissible in evidence in	217
accordance with the Rules of Evidence and is subject to discovery	218
in accordance with the Rules of Criminal Procedure.	219

(2) No person shall permit or encourage the unauthorized	220
dissemination of the contents of any report made under this	221
section.	222

(3) A person who knowingly makes or causes another person to	223
make a false report under division (B) of this section that	224
alleges that any person has committed an act or omission that	225
resulted in a child being an abused child or a neglected child is	226
guilty of a violation of section 2921.14 of the Revised Code.	227

(4) If a report is made pursuant to division (A) or (B) of	228
this section and the child who is the subject of the report dies	229
for any reason at any time after the report is made, but before	230
the child attains eighteen years of age, the public children	231
services agency or municipal or county peace officer to which the	232
report was made or referred, on the request of the child fatality	233
review board, shall submit a summary sheet of information	234
providing a summary of the report to the review board of the	235
county in which the deceased child resided at the time of death.	236
On the request of the review board, the agency or peace officer	237
may, at its discretion, make the report available to the review	238
board.	239

(5) A public children services agency shall advise a person	240
alleged to have inflicted abuse or neglect on a child who is the	241
subject of a report made pursuant to this section in writing of	242
the disposition of the investigation. The agency shall not provide	243
to the person any information that identifies the person who made	244
the report, statements of witnesses, or police or other	245
investigative reports.	246

(I) Any report that is required by this section, other than a	247
report that is made to the state highway patrol as described in	248
section 5120.173 of the Revised Code, shall result in protective	249
services and emergency supportive services being made available by	250
the public children services agency on behalf of the children	251
about whom the report is made, in an effort to prevent further	252
neglect or abuse, to enhance their welfare, and, whenever	253
possible, to preserve the family unit intact. The agency required	254
to provide the services shall be the agency conducting the	255
investigation of the report pursuant to section 2151.422 of the	256
Revised Code.	257

(J)(1) Each public children services agency shall prepare a	258
memorandum of understanding that is signed by all of the	259
following:	260

(a) If there is only one juvenile judge in the county, the	261
juvenile judge of the county or the juvenile judge's	262
representative;	263

(b) If there is more than one juvenile judge in the county, a	264
juvenile judge or the juvenile judges' representative selected by	265
the juvenile judges or, if they are unable to do so for any	266
reason, the juvenile judge who is senior in point of service or	267
the senior juvenile judge's representative;	268

(c) The county peace officer;

269

(d) All chief municipal peace officers within the county;

270

(e) Other law enforcement officers handling child abuse and	271
neglect cases in the county;	272

(f) The prosecuting attorney of the county;

273

(g) If the public children services agency is not the county	274
department of job and family services, the county department of	275
job and family services;	276

(h) The county humane society.

277

(2) A memorandum of understanding shall set forth the normal	278
operating procedure to be employed by all concerned officials in	279
the execution of their respective responsibilities under this	280
section and division (C) of section 2919.21, division (B)(1) of	281
section 2919.22, division (B) of section 2919.23, and section	282
2919.24 of the Revised Code and shall have as two of its primary	283
goals the elimination of all unnecessary interviews of children	284
who are the subject of reports made pursuant to division (A) or	285
(B) of this section and, when feasible, providing for only one	286
interview of a child who is the subject of any report made	287
pursuant to division (A) or (B) of this section. A failure to	288
follow the procedure set forth in the memorandum by the concerned	289
officials is not grounds for, and shall not result in, the	290
dismissal of any charges or complaint arising from any reported	291
case of abuse or neglect or the suppression of any evidence	292
obtained as a result of any reported child abuse or child neglect	293
and does not give, and shall not be construed as giving, any	294
rights or any grounds for appeal or post-conviction relief to any	295
person.	296

(3) A memorandum of understanding shall include all of the	297
following:	298

(a) The roles and responsibilities for handling emergency and	299
nonemergency cases of abuse and neglect;	300

(b) Standards and procedures to be used in handling and	301
coordinating investigations of reported cases of child abuse and	302
reported cases of child neglect, methods to be used in	303
interviewing the child who is the subject of the report and who	304
allegedly was abused or neglected, and standards and procedures	305
addressing the categories of persons who may interview the child	306
who is the subject of the report and who allegedly was abused or	307
neglected.	308

(K)(1) Except as provided in division (K)(4) of this section,	309
a person who is required to make a report pursuant to division (A)	310
of this section may make a reasonable number of requests of the	311
public children services agency that receives or is referred the	312
report to be provided with the following information:	313

(a) Whether the agency has initiated an investigation of the	314
report;	315

(b) Whether the agency is continuing to investigate the	316
report;	317

(c) Whether the agency is otherwise involved with the child	318
who is the subject of the report;	319

(d) The general status of the health and safety of the child	320
who is the subject of the report;	321

(e) Whether the report has resulted in the filing of a	322
complaint in juvenile court or of criminal charges in another	323
court.	324

(2) A person may request the information specified in	325
division (K)(1) of this section only if, at the time the report is	326
made, the person's name, address, and telephone number are	327
provided to the person who receives the report.	328

When a municipal or county peace officer or employee of a	329
public children services agency receives a report pursuant to	330
division (A) or (B) of this section the recipient of the report	331
shall inform the person of the right to request the information	332
described in division (K)(1) of this section. The recipient of the	333
report shall include in the initial child abuse or child neglect	334
report that the person making the report was so informed and, if	335
provided at the time of the making of the report, shall include	336
the person's name, address, and telephone number in the report.	337

Each request is subject to verification of the identity of	338
the person making the report. If that person's identity is	339
verified, the agency shall provide the person with the information	340
described in division (K)(1) of this section a reasonable number	341
of times, except that the agency shall not disclose any	342
confidential information regarding the child who is the subject of	343
the report other than the information described in those	344
divisions.	345

(3) A request made pursuant to division (K)(1) of this	346
section is not a substitute for any report required to be made	347
pursuant to division (A) of this section.	348

(4) If an agency other than the agency that received or was	349
referred the report is conducting the investigation of the report	350
pursuant to section 2151.422 of the Revised Code, the agency	351
conducting the investigation shall comply with the requirements of	352
division (K) of this section.	353

(L) The director of job and family services shall adopt rules	354
in accordance with Chapter 119. of the Revised Code to implement	355
this section. The department of job and family services may enter	356
into a plan of cooperation with any other governmental entity to	357
aid in ensuring that children are protected from abuse and	358
neglect. The department shall make recommendations to the attorney	359
general that the department determines are necessary to protect	360
children from child abuse and child neglect.	361

(M)(1) As used in this division:

362

(a) "Out-of-home care" includes a nonchartered nonpublic	363
school if the alleged child abuse or child neglect, or alleged	364
threat of child abuse or child neglect, described in a report	365
received by a public children services agency allegedly occurred	366
in or involved the nonchartered nonpublic school and the alleged	367
perpetrator named in the report holds a certificate, permit, or	368
license issued by the state board of education under section	369
3301.071 or Chapter 3319. of the Revised Code.	370

(b) "Administrator, director, or other chief administrative	371
officer" means the superintendent of the school district if the	372
out-of-home care entity subject to a report made pursuant to this	373
section is a school operated by the district.	374

(2) No later than the end of the day following the day on	375
which a public children services agency receives a report of	376
alleged child abuse or child neglect, or a report of an alleged	377
threat of child abuse or child neglect, that allegedly occurred in	378
or involved an out-of-home care entity, the agency shall provide	379
written notice of the allegations contained in and the person	380
named as the alleged perpetrator in the report to the	381
administrator, director, or other chief administrative officer of	382
the out-of-home care entity that is the subject of the report	383
unless the administrator, director, or other chief administrative	384
officer is named as an alleged perpetrator in the report. If the	385
administrator, director, or other chief administrative officer of	386
an out-of-home care entity is named as an alleged perpetrator in a	387
report of alleged child abuse or child neglect, or a report of an	388
alleged threat of child abuse or child neglect, that allegedly	389
occurred in or involved the out-of-home care entity, the agency	390
shall provide the written notice to the owner or governing board	391
of the out-of-home care entity that is the subject of the report.	392
The agency shall not provide witness statements or police or other	393
investigative reports.	394

(3) No later than three days after the day on which a public	395
children services agency that conducted the investigation as	396
determined pursuant to section 2151.422 of the Revised Code makes	397
a disposition of an investigation involving a report of alleged	398
child abuse or child neglect, or a report of an alleged threat of	399
child abuse or child neglect, that allegedly occurred in or	400
involved an out-of-home care entity, the agency shall send written	401
notice of the disposition of the investigation to the	402
administrator, director, or other chief administrative officer and	403
the owner or governing board of the out-of-home care entity. The	404
agency shall not provide witness statements or police or other	405
investigative reports.	406

Sec. 2317.02.  The following persons shall not testify in	407
certain respects:	408

(A) An attorney, concerning a communication made to the	409
attorney by a client in that relation or the attorney's advice to	410
a client, except that the attorney may testify by express consent	411
of the client or, if the client is deceased, by the express	412
consent of the surviving spouse or the executor or administrator	413
of the estate of the deceased client and except that, if the	414
client voluntarily testifies or is deemed by section 2151.421 of	415
the Revised Code to have waived any testimonial privilege under	416
this division, the attorney may be compelled to testify on the	417
same subject;	418

(B)(1) A physician or a dentist concerning a communication	419
made to the physician or dentist by a patient in that relation or	420
the physician's or dentist's advice to a patient, except as	421
otherwise provided in this division, division (B)(2), and division	422
(B)(3) of this section, and except that, if the patient is deemed	423
by section 2151.421 of the Revised Code to have waived any	424
testimonial privilege under this division, the physician may be	425
compelled to testify on the same subject.	426

The testimonial privilege established under this division	427
does not apply, and a physician or dentist may testify or may be	428
compelled to testify, in any of the following circumstances:	429

(a) In any civil action, in accordance with the discovery	430
provisions of the Rules of Civil Procedure in connection with a	431
civil action, or in connection with a claim under Chapter 4123. of	432
the Revised Code, under any of the following circumstances:	433

(i) If the patient or the guardian or other legal	434
representative of the patient gives express consent;	435

(ii) If the patient is deceased, the spouse of the patient or	436
the executor or administrator of the patient's estate gives	437
express consent;	438

(iii) If a medical claim, dental claim, chiropractic claim,	439
or optometric claim, as defined in section 2305.113 of the Revised	440
Code, an action for wrongful death, any other type of civil	441
action, or a claim under Chapter 4123. of the Revised Code is	442
filed by the patient, the personal representative of the estate of	443
the patient if deceased, or the patient's guardian or other legal	444
representative.	445

(b) In any civil action concerning court-ordered treatment or	446
services received by a patient, if the court-ordered treatment or	447
services were ordered as part of a case plan journalized under	448
section 2151.412 of the Revised Code or the court-ordered	449
treatment or services are necessary or relevant to dependency,	450
neglect, or abuse or temporary or permanent custody proceedings	451
under Chapter 2151. of the Revised Code.	452

(c) In any criminal action concerning any test or the results	453
of any test that determines the presence or concentration of	454
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	455
patient's blood, breath, urine, or other bodily substance at any	456
time relevant to the criminal offense in question.	457

(d) In any criminal action against a physician or dentist. In	458
such an action, the testimonial privilege established under this	459
division does not prohibit the admission into evidence, in	460
accordance with the Rules of Evidence, of a patient's medical or	461
dental records or other communications between a patient and the	462
physician or dentist that are related to the action and obtained	463
by subpoena, search warrant, or other lawful means. A court that	464
permits or compels a physician or dentist to testify in such an	465
action or permits the introduction into evidence of patient	466
records or other communications in such an action shall require	467
that appropriate measures be taken to ensure that the	468
confidentiality of any patient named or otherwise identified in	469
the records is maintained. Measures to ensure confidentiality that	470
may be taken by the court include sealing its records or deleting	471
specific information from its records.	472

(e) In any will contest action under sections 2107.71 to	473
2107.77 of the Revised Code if all of the following apply:	474

(i) The patient is deceased.

475

(ii) A party to the will contest action requests the	476
testimony, demonstrates to the court that that party would be an	477
heir of the patient if the patient died without a will, is a	478
beneficiary under the will that is the subject of the will contest	479
action, or is a beneficiary under another testamentary document	480
allegedly executed by the patient, and demonstrates to the court	481
that the testimony is necessary to establish the party's rights as	482
described in this division.	483

(2)(a) If any law enforcement officer submits a written	484
statement to a health care provider that states that an official	485
criminal investigation has begun regarding a specified person or	486
that a criminal action or proceeding has been commenced against a	487
specified person, that requests the provider to supply to the	488
officer copies of any records the provider possesses that pertain	489
to any test or the results of any test administered to the	490
specified person to determine the presence or concentration of	491
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	492
person's blood, breath, or urine at any time relevant to the	493
criminal offense in question, and that conforms to section	494
2317.022 of the Revised Code, the provider, except to the extent	495
specifically prohibited by any law of this state or of the United	496
States, shall supply to the officer a copy of any of the requested	497
records the provider possesses. If the health care provider does	498
not possess any of the requested records, the provider shall give	499
the officer a written statement that indicates that the provider	500
does not possess any of the requested records.	501

(b) If a health care provider possesses any records of the	502
type described in division (B)(2)(a) of this section regarding the	503
person in question at any time relevant to the criminal offense in	504
question, in lieu of personally testifying as to the results of	505
the test in question, the custodian of the records may submit a	506
certified copy of the records, and, upon its submission, the	507
certified copy is qualified as authentic evidence and may be	508
admitted as evidence in accordance with the Rules of Evidence.	509
Division (A) of section 2317.422 of the Revised Code does not	510
apply to any certified copy of records submitted in accordance	511
with this division. Nothing in this division shall be construed to	512
limit the right of any party to call as a witness the person who	513
administered the test to which the records pertain, the person	514
under whose supervision the test was administered, the custodian	515
of the records, the person who made the records, or the person	516
under whose supervision the records were made.	517

(3)(a) If the testimonial privilege described in division	518
(B)(1) of this section does not apply as provided in division	519
(B)(1)(a)(iii) of this section, a physician or dentist may be	520
compelled to testify or to submit to discovery under the Rules of	521
Civil Procedure only as to a communication made to the physician	522
or dentist by the patient in question in that relation, or the	523
physician's or dentist's advice to the patient in question, that	524
related causally or historically to physical or mental injuries	525
that are relevant to issues in the medical claim, dental claim,	526
chiropractic claim, or optometric claim, action for wrongful	527
death, other civil action, or claim under Chapter 4123. of the	528
Revised Code.	529

(b) If the testimonial privilege described in division (B)(1)	530
of this section does not apply to a physician or dentist as	531
provided in division (B)(1)(c) of this section, the physician or	532
dentist, in lieu of personally testifying as to the results of the	533
test in question, may submit a certified copy of those results,	534
and, upon its submission, the certified copy is qualified as	535
authentic evidence and may be admitted as evidence in accordance	536
with the Rules of Evidence. Division (A) of section 2317.422 of	537
the Revised Code does not apply to any certified copy of results	538
submitted in accordance with this division. Nothing in this	539
division shall be construed to limit the right of any party to	540
call as a witness the person who administered the test in	541
question, the person under whose supervision the test was	542
administered, the custodian of the results of the test, the person	543
who compiled the results, or the person under whose supervision	544
the results were compiled.	545

(c) If the testimonial privilege described in division (B)(1)	546
of this section does not apply as provided in division (B)(1)(e)	547
of this section, a physician or dentist may be compelled to	548
testify or to submit to discovery in the will contest action under	549
sections 2107.71 to 2107.77 of the Revised Code only as to the	550
patient in question on issues relevant to the competency of the	551
patient at the time of the execution of the will. Testimony or	552
discovery conducted pursuant to this division shall be conducted	553
in accordance with the Rules of Civil Procedure.	554

(4) The testimonial privilege described in division (B)(1) of	555
this section is not waived when a communication is made by a	556
physician to a pharmacist or when there is communication between a	557
patient and a pharmacist in furtherance of the physician-patient	558
relation.	559

(5)(a) As used in divisions (B)(1) to (4) of this section,	560
"communication" means acquiring, recording, or transmitting any	561
information, in any manner, concerning any facts, opinions, or	562
statements necessary to enable a physician or dentist to diagnose,	563
treat, prescribe, or act for a patient. A "communication" may	564
include, but is not limited to, any medical or dental, office, or	565
hospital communication such as a record, chart, letter,	566
memorandum, laboratory test and results, x-ray, photograph,	567
financial statement, diagnosis, or prognosis.	568

(b) As used in division (B)(2) of this section, "health care	569
provider" means a hospital, ambulatory care facility, long-term	570
care facility, pharmacy, emergency facility, or health care	571
practitioner.	572

(c) As used in division (B)(5)(b) of this section:

573

(i) "Ambulatory care facility" means a facility that provides	574
medical, diagnostic, or surgical treatment to patients who do not	575
require hospitalization, including a dialysis center, ambulatory	576
surgical facility, cardiac catheterization facility, diagnostic	577
imaging center, extracorporeal shock wave lithotripsy center, home	578
health agency, inpatient hospice, birthing center, radiation	579
therapy center, emergency facility, and an urgent care center.	580
"Ambulatory health care facility" does not include the private	581
office of a physician or dentist, whether the office is for an	582
individual or group practice.	583

(ii) "Emergency facility" means a hospital emergency	584
department or any other facility that provides emergency medical	585
services.	586

(iii) "Health care practitioner" has the same meaning as in	587
section 4769.01 of the Revised Code.	588

(iv) "Hospital" has the same meaning as in section 3727.01 of	589
the Revised Code.	590

(v) "Long-term care facility" means a nursing home,	591
residential care facility, or home for the aging, as those terms	592
are defined in section 3721.01 of the Revised Code; an adult care	593
facility, as defined in section 3722.01 of the Revised Code; a	594
nursing facility or intermediate care facility for the mentally	595
retarded, as those terms are defined in section 5111.20 of the	596
Revised Code; a facility or portion of a facility certified as a	597
skilled nursing facility under Title XVIII of the "Social Security	598
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	599

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	600
the Revised Code.	601

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	602
apply to doctors of medicine, doctors of osteopathic medicine,	603
doctors of podiatry, and dentists.	604

(7) Nothing in divisions (B)(1) to (6) of this section	605
affects, or shall be construed as affecting, the immunity from	606
civil liability conferred by section 307.628 or 2305.33 of the	607
Revised Code upon physicians who report an employee's use of a	608
drug of abuse, or a condition of an employee other than one	609
involving the use of a drug of abuse, to the employer of the	610
employee in accordance with division (B) of that section. As used	611
in division (B)(7) of this section, "employee," "employer," and	612
"physician" have the same meanings as in section 2305.33 of the	613
Revised Code.	614

(C)(1) A member of the clergy, rabbi, priest, or regularly	615
ordained, accredited, or licensed minister of an established and	616
legally cognizable church, denomination, or sectcleric, when the	617
member of the clergy, rabbi, priest, or ministercleric remains	618
accountable to the authority of that cleric's church,	619
denomination, or sect, concerning a confession made, or any	620
information confidentially communicated, to the member of the	621
clergy, rabbi, priest, or ministercleric for a religious	622
counseling purpose in the member of the clergy's, rabbi's,	623
priest's, or minister'scleric's professional character; however,	624
the member of the clergy, rabbi, priest, or minister. The cleric	625
may testify by express consent of the person making the	626
communication, except when the disclosure of the information is in	627
violation of a sacred trust;and except that, if the person	628
voluntarily testifies or is deemed by division (A)(2) of section	629
2151.421 of the Revised Code to have waived any testimonial	630
privilege under this division, the cleric may be compelled to	631
testify on the same subject except when disclosure of the	632
information is in violation of a sacred trust.	633

(2) As used in division (C) of this section:

634

(a) "Cleric" means a member of the clergy, rabbi, priest, or	635
regularly ordained, accredited, or licensed minister of an	636
established and legally cognizable church, denomination, or sect.	637

(b) "Sacred trust" means a confession or confidential	638
communication made to a cleric in the cleric's ecclesiastical	639
capacity in the course of discipline enjoined by the church to	640
which the cleric belongs if both of the following apply:	641

(i) The confession or confidential communication was made	642
directly to the cleric;	643

(ii) The confession or confidential communication was made in	644
the manner and context that places the cleric specifically and	645
strictly under a level of confidentiality that is considered	646
inviolate by canon law or church doctrine.	647

(D) Husband or wife, concerning any communication made by one	648
to the other, or an act done by either in the presence of the	649
other, during coverture, unless the communication was made, or act	650
done, in the known presence or hearing of a third person competent	651
to be a witness; and such rule is the same if the marital relation	652
has ceased to exist;	653

(E) A person who assigns a claim or interest, concerning any	654
matter in respect to which the person would not, if a party, be	655
permitted to testify;	656

(F) A person who, if a party, would be restricted under	657
section 2317.03 of the Revised Code, when the property or thing is	658
sold or transferred by an executor, administrator, guardian,	659
trustee, heir, devisee, or legatee, shall be restricted in the	660
same manner in any action or proceeding concerning the property or	661
thing.	662

(G)(1) A school guidance counselor who holds a valid educator	663
license from the state board of education as provided for in	664
section 3319.22 of the Revised Code, a person licensed under	665
Chapter 4757. of the Revised Code as a professional clinical	666
counselor, professional counselor, social worker, independent	667
social worker, marriage and family therapist or independent	668
marriage and family therapist, or registered under Chapter 4757.	669
of the Revised Code as a social work assistant concerning a	670
confidential communication received from a client in that relation	671
or the person's advice to a client unless any of the following	672
applies:	673

(a) The communication or advice indicates clear and present	674
danger to the client or other persons. For the purposes of this	675
division, cases in which there are indications of present or past	676
child abuse or neglect of the client constitute a clear and	677
present danger.	678

(b) The client gives express consent to the testimony.

679

(c) If the client is deceased, the surviving spouse or the	680
executor or administrator of the estate of the deceased client	681
gives express consent.	682

(d) The client voluntarily testifies, in which case the	683
school guidance counselor or person licensed or registered under	684
Chapter 4757. of the Revised Code may be compelled to testify on	685
the same subject.	686

(e) The court in camera determines that the information	687
communicated by the client is not germane to the counselor-client,	688
marriage and family therapist-client, or social worker-client	689
relationship.	690

(f) A court, in an action brought against a school, its	691
administration, or any of its personnel by the client, rules after	692
an in-camera inspection that the testimony of the school guidance	693
counselor is relevant to that action.	694

(g) The testimony is sought in a civil action and concerns	695
court-ordered treatment or services received by a patient as part	696
of a case plan journalized under section 2151.412 of the Revised	697
Code or the court-ordered treatment or services are necessary or	698
relevant to dependency, neglect, or abuse or temporary or	699
permanent custody proceedings under Chapter 2151. of the Revised	700
Code.	701

(2) Nothing in division (G)(1) of this section shall relieve	702
a school guidance counselor or a person licensed or registered	703
under Chapter 4757. of the Revised Code from the requirement to	704
report information concerning child abuse or neglect under section	705
2151.421 of the Revised Code.	706

(H) A mediator acting under a mediation order issued under	707
division (A) of section 3109.052 of the Revised Code or otherwise	708
issued in any proceeding for divorce, dissolution, legal	709
separation, annulment, or the allocation of parental rights and	710
responsibilities for the care of children, in any action or	711
proceeding, other than a criminal, delinquency, child abuse, child	712
neglect, or dependent child action or proceeding, that is brought	713
by or against either parent who takes part in mediation in	714
accordance with the order and that pertains to the mediation	715
process, to any information discussed or presented in the	716
mediation process, to the allocation of parental rights and	717
responsibilities for the care of the parents' children, or to the	718
awarding of parenting time rights in relation to their children;	719

(I) A communications assistant, acting within the scope of	720
the communication assistant's authority, when providing	721
telecommunications relay service pursuant to section 4931.35 of	722
the Revised Code or Title II of the "Communications Act of 1934,"	723
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	724
made through a telecommunications relay service. Nothing in this	725
section shall limit the obligation of a communications assistant	726
to divulge information or testify when mandated by federal law or	727
regulation or pursuant to subpoena in a criminal proceeding.	728

Nothing in this section shall limit any immunity or privilege	729
granted under federal law or regulation.	730

(J)(1) A chiropractor in a civil proceeding concerning a	731
communication made to the chiropractor by a patient in that	732
relation or the chiropractor's advice to a patient, except as	733
otherwise provided in this division. The testimonial privilege	734
established under this division does not apply, and a chiropractor	735
may testify or may be compelled to testify, in any civil action,	736
in accordance with the discovery provisions of the Rules of Civil	737
Procedure in connection with a civil action, or in connection with	738
a claim under Chapter 4123. of the Revised Code, under any of the	739
following circumstances:	740

(a) If the patient or the guardian or other legal	741
representative of the patient gives express consent.	742

(b) If the patient is deceased, the spouse of the patient or	743
the executor or administrator of the patient's estate gives	744
express consent.	745

(c) If a medical claim, dental claim, chiropractic claim, or	746
optometric claim, as defined in section 2305.113 of the Revised	747
Code, an action for wrongful death, any other type of civil	748
action, or a claim under Chapter 4123. of the Revised Code is	749
filed by the patient, the personal representative of the estate of	750
the patient if deceased, or the patient's guardian or other legal	751
representative.	752

(2) If the testimonial privilege described in division (J)(1)	753
of this section does not apply as provided in division (J)(1)(c)	754
of this section, a chiropractor may be compelled to testify or to	755
submit to discovery under the Rules of Civil Procedure only as to	756
a communication made to the chiropractor by the patient in	757
question in that relation, or the chiropractor's advice to the	758
patient in question, that related causally or historically to	759
physical or mental injuries that are relevant to issues in the	760
medical claim, dental claim, chiropractic claim, or optometric	761
claim, action for wrongful death, other civil action, or claim	762
under Chapter 4123. of the Revised Code.	763

(3) The testimonial privilege established under this division	764
does not apply, and a chiropractor may testify or be compelled to	765
testify, in any criminal action or administrative proceeding.	766

(4) As used in this division, "communication" means	767
acquiring, recording, or transmitting any information, in any	768
manner, concerning any facts, opinions, or statements necessary to	769
enable a chiropractor to diagnose, treat, or act for a patient. A	770
communication may include, but is not limited to, any	771
chiropractic, office, or hospital communication such as a record,	772
chart, letter, memorandum, laboratory test and results, x-ray,	773
photograph, financial statement, diagnosis, or prognosis.	774

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	775
or (3) of this section or as otherwise provided in this section, a	776
prosecution shall be barred unless it is commenced within the	777
following periods after an offense is committed:	778

(a) For a felony, six years;

779

(b) For a misdemeanor other than a minor misdemeanor, two	780
years;	781

(c) For a minor misdemeanor, six months.

782

(2) There is no period of limitation for the prosecution of a	783
violation of section 2903.01 or 2903.02 of the Revised Code.	784

(3) Except as otherwise provided in divisions (B) to (H) of	785
this section, a prosecution of any of the following offenses shall	786
be barred unless it is commenced within twenty years after the	787
offense is committed:	788

(a) A violation of section 2903.03, 2903.04, 2905.01,	789
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2911.01,	790
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a	791
violation of section 2903.11 or 2903.12 of the Revised Code if the	792
victim is a peace officer, a violation of section 2903.13 of the	793
Revised Code that is a felony, or a violation of former section	794
2907.12 of the Revised Code;	795

(b) A conspiracy to commit, attempt to commit, or complicity	796
in committing a violation set forth in division (A)(3)(a) of this	797
section.	798

(B) If the period of limitation provided in division (A)(1)	799
or (3) of this section has expired, prosecution shall be commenced	800
for an offense of which an element is fraud or breach of a	801
fiduciary duty, within one year after discovery of the offense	802
either by an aggrieved person, or by the aggrieved person's legal	803
representative who is not a party to the offense.	804

(C) If the period of limitation provided in division (A)(1)	805
or (3) of this section has expired, prosecution shall be commenced	806
for an offense involving misconduct in office by a public servant	807
as defined in section 2921.01 of the Revised Code, at any time	808
while the accused remains a public servant, or within two years	809
thereafter.	810

(D) An offense is committed when every element of the offense	811
occurs. In the case of an offense of which an element is a	812
continuing course of conduct, the period of limitation does not	813
begin to run until such course of conduct or the accused's	814
accountability for it terminates, whichever occurs first.	815

(E) A prosecution is commenced on the date an indictment is	816
returned or an information filed, or on the date a lawful arrest	817
without a warrant is made, or on the date a warrant, summons,	818
citation, or other process is issued, whichever occurs first. A	819
prosecution is not commenced by the return of an indictment or the	820
filing of an information unless reasonable diligence is exercised	821
to issue and execute process on the same. A prosecution is not	822
commenced upon issuance of a warrant, summons, citation, or other	823
process, unless reasonable diligence is exercised to execute the	824
same.	825

(F) The period of limitation shall not run during any time	826
when the corpus delicti remains undiscovered.	827

(G) The period of limitation shall not run during any time	828
when the accused purposely avoids prosecution. Proof that the	829
accused departed this state or concealed the accused's identity or	830
whereabouts is prima-facie evidence of the accused's purpose to	831
avoid prosecution.	832

(H) The period of limitation shall not run during any time a	833
prosecution against the accused based on the same conduct is	834
pending in this state, even though the indictment, information, or	835
process which commenced the prosecution is quashed or the	836
proceedings thereon are set aside or reversed on appeal.	837

(I) The period of limitation for a violation of any provision	838
of Title XXIX of the Revised Code that involves a physical or	839
mental wound, injury, disability, or condition of a nature that	840
reasonably indicates abuse or neglect of a child under eighteen	841
years of age or of a mentally retarded, developmentally disabled,	842
or physically impaired child under twenty-one years of age shall	843
not run until either of the following occurs:	844

(1) The victim of the offense reaches the age of majority.

845

(2) A public children services agency, or a municipal or	846
county peace officer that is not the parent or guardian of the	847
child, in the county in which the child resides or in which the	848
abuse or neglect is occurring or has occurred has knowledge of or	849
suspects that the abuse or neglect occurred.	850

(J) As used in this section, "peace officer" has the same	851
meaning as in section 2935.01 of the Revised Code.	852

Section 2. That existing sections 2151.421, 2317.02, and	853
2901.13 of the Revised Code are hereby repealed.	854

Section 3.  Section 2317.02 of the Revised Code is presented	855
in this act as a composite of the section as amended by Am. Sub.	856
H.B. 374, Am. H.B. 533, and Am. Sub. S.B. 281, all of the 124th	857
General Assembly. The General Assembly, applying the principle	858
stated in division (B) of section 1.52 of the Revised Code that	859
amendments are to be harmonized if reasonably capable of	860
simultaneous operation, finds that the composite is the resulting	861
version of the section in effect prior to the effective date of	862
the section as presented in this act.	863