H. B. No. 104 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 104

Representative Core

Cosponsors: Representatives Setzer, Seitz, Hughes, Dodd, Flowers, Combs, Adams, White, Webster, McGregor, R., Bubp, Collier, McGregor, J., Stebelton, Strahorn

A BILL

To amend sections 109.572, 4709.05, 4717.04, 4725.09, 1
4725.44, 4755.05, 4755.61, 4757.10, 4759.05, 2
4761.03, and 4779.08 and to enact sections 3
4701.08, 4709.071, 4715.101, 4717.061, 4725.121, 4
4725.501, 4729.071, 4732.091, 4734.202, 4741.10, 5
4755.70, 4757.101, 4759.061, 4761.051, 4776.01, 6
4776.02, 4776.03, 4776.04, and 4779.091 of the 7
Revised Code to require initial license applicants 8
for specified licensed professions to obtain a 9
criminal background check from the bureau of 10
criminal investigation and identification and to 11
require the appropriate licensing board to 12
consider the results of those checks in 13
determining a person's eligibility for licensure. 14

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

       Section 1. That sections 109.572, 4709.05, 4717.04, 4725.09, 15
4725.44, 4755.05, 4755.61, 4757.10, 4759.05, 4761.03, and 4779.08 16
be amended and sections 4701.08, 4709.071, 4715.101, 4717.061, 17
4725.121, 4725.501, 4729.071, 4732.091, 4734.202, 4741.10, 18
4755.70, 4757.101, 4759.061, 4761.051, 4776.01, 4776.02, 4776.03, 19
4776.04, and 4779.091 of the Revised Code be enacted to read as 20
follows: 21

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 22
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013 23
of the Revised Code, a completed form prescribed pursuant to 24
division (C)(1) of this section, and a set of fingerprint 25
impressions obtained in the manner described in division (C)(2) of 26
this section, the superintendent of the bureau of criminal 27
identification and investigation shall conduct a criminal records 28
check in the manner described in division (B) of this section to 29
determine whether any information exists that indicates that the 30
person who is the subject of the request previously has been 31
convicted of or pleaded guilty to any of the following: 32

       (a) A violation of section 2903.01, 2903.02, 2903.03, 33
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 34
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 35
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 36
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 37
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 38
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 39
2925.06, or 3716.11 of the Revised Code, felonious sexual 40
penetration in violation of former section 2907.12 of the Revised 41
Code, a violation of section 2905.04 of the Revised Code as it 42
existed prior to July 1, 1996, a violation of section 2919.23 of 43
the Revised Code that would have been a violation of section 44
2905.04 of the Revised Code as it existed prior to July 1, 1996, 45
had the violation been committed prior to that date, or a 46
violation of section 2925.11 of the Revised Code that is not a 47
minor drug possession offense; 48

       (b) A violation of an existing or former law of this state, 49
any other state, or the United States that is substantially 50
equivalent to any of the offenses listed in division (A)(1)(a) of 51
this section. 52

       (2) On receipt of a request pursuant to section 5123.081 of 53
the Revised Code with respect to an applicant for employment in 54
any position with the department of mental retardation and 55
developmental disabilities, pursuant to section 5126.28 of the 56
Revised Code with respect to an applicant for employment in any 57
position with a county board of mental retardation and 58
developmental disabilities, or pursuant to section 5126.281 of the 59
Revised Code with respect to an applicant for employment in a 60
direct services position with an entity contracting with a county 61
board for employment, a completed form prescribed pursuant to 62
division (C)(1) of this section, and a set of fingerprint 63
impressions obtained in the manner described in division (C)(2) of 64
this section, the superintendent of the bureau of criminal 65
identification and investigation shall conduct a criminal records 66
check. The superintendent shall conduct the criminal records check 67
in the manner described in division (B) of this section to 68
determine whether any information exists that indicates that the 69
person who is the subject of the request has been convicted of or 70
pleaded guilty to any of the following: 71

       (a) A violation of section 2903.01, 2903.02, 2903.03, 72
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 73
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 74
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 75
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 76
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 77
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 78
2925.03, or 3716.11 of the Revised Code; 79

       (b) An existing or former municipal ordinance or law of this 80
state, any other state, or the United States that is substantially 81
equivalent to any of the offenses listed in division (A)(2)(a) of 82
this section. 83

       (3) On receipt of a request pursuant to section 173.27, 84
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a 85
completed form prescribed pursuant to division (C)(1) of this 86
section, and a set of fingerprint impressions obtained in the 87
manner described in division (C)(2) of this section, the 88
superintendent of the bureau of criminal identification and 89
investigation shall conduct a criminal records check with respect 90
to any person who has applied for employment in a position for 91
which a criminal records check is required by those sections. The 92
superintendent shall conduct the criminal records check in the 93
manner described in division (B) of this section to determine 94
whether any information exists that indicates that the person who 95
is the subject of the request previously has been convicted of or 96
pleaded guilty to any of the following: 97

       (a) A violation of section 2903.01, 2903.02, 2903.03, 98
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 99
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 100
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 101
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 102
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 103
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 104
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 105
2925.22, 2925.23, or 3716.11 of the Revised Code; 106

       (b) An existing or former law of this state, any other state, 107
or the United States that is substantially equivalent to any of 108
the offenses listed in division (A)(3)(a) of this section. 109

       (4) On receipt of a request pursuant to section 3701.881 of 110
the Revised Code with respect to an applicant for employment with 111
a home health agency as a person responsible for the care, 112
custody, or control of a child, a completed form prescribed 113
pursuant to division (C)(1) of this section, and a set of 114
fingerprint impressions obtained in the manner described in 115
division (C)(2) of this section, the superintendent of the bureau 116
of criminal identification and investigation shall conduct a 117
criminal records check. The superintendent shall conduct the 118
criminal records check in the manner described in division (B) of 119
this section to determine whether any information exists that 120
indicates that the person who is the subject of the request 121
previously has been convicted of or pleaded guilty to any of the 122
following: 123

       (a) A violation of section 2903.01, 2903.02, 2903.03, 124
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 125
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 126
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 127
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 128
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 129
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 130
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 131
violation of section 2925.11 of the Revised Code that is not a 132
minor drug possession offense; 133

       (b) An existing or former law of this state, any other state, 134
or the United States that is substantially equivalent to any of 135
the offenses listed in division (A)(4)(a) of this section. 136

       (5) On receipt of a request pursuant to section 5111.95 or 137
5111.96 of the Revised Code with respect to an applicant for 138
employment with a waiver agency participating in a department of 139
job and family services administered home and community-based 140
waiver program or an independent provider participating in a 141
department administered home and community-based waiver program in 142
a position that involves providing home and community-based waiver 143
services to consumers with disabilities, a completed form 144
prescribed pursuant to division (C)(1) of this section, and a set 145
of fingerprint impressions obtained in the manner described in 146
division (C)(2) of this section, the superintendent of the bureau 147
of criminal identification and investigation shall conduct a 148
criminal records check. The superintendent shall conduct the 149
criminal records check in the manner described in division (B) of 150
this section to determine whether any information exists that 151
indicates that the person who is the subject of the request 152
previously has been convicted of or pleaded guilty to any of the 153
following: 154

       (a) A violation of section 2903.01, 2903.02, 2903.03, 155
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 156
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 157
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 158
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 159
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 160
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 161
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 162
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 163
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the 164
Revised Code, felonious sexual penetration in violation of former 165
section 2907.12 of the Revised Code, a violation of section 166
2905.04 of the Revised Code as it existed prior to July 1, 1996, a 167
violation of section 2919.23 of the Revised Code that would have 168
been a violation of section 2905.04 of the Revised Code as it 169
existed prior to July 1, 1996, had the violation been committed 170
prior to that date; 171

       (b) An existing or former law of this state, any other state, 172
or the United States that is substantially equivalent to any of 173
the offenses listed in division (A)(5)(a) of this section. 174

       (6) On receipt of a request pursuant to section 3701.881 of 175
the Revised Code with respect to an applicant for employment with 176
a home health agency in a position that involves providing direct 177
care to an older adult, a completed form prescribed pursuant to 178
division (C)(1) of this section, and a set of fingerprint 179
impressions obtained in the manner described in division (C)(2) of 180
this section, the superintendent of the bureau of criminal 181
identification and investigation shall conduct a criminal records 182
check. The superintendent shall conduct the criminal records check 183
in the manner described in division (B) of this section to 184
determine whether any information exists that indicates that the 185
person who is the subject of the request previously has been 186
convicted of or pleaded guilty to any of the following: 187

       (a) A violation of section 2903.01, 2903.02, 2903.03, 188
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 189
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 190
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 191
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 192
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 193
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 194
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 195
2925.22, 2925.23, or 3716.11 of the Revised Code; 196

       (b) An existing or former law of this state, any other state, 197
or the United States that is substantially equivalent to any of 198
the offenses listed in division (A)(6)(a) of this section. 199

       (7) When conducting a criminal records check upon a request 200
pursuant to section 3319.39 of the Revised Code for an applicant 201
who is a teacher, in addition to the determination made under 202
division (A)(1) of this section, the superintendent shall 203
determine whether any information exists that indicates that the 204
person who is the subject of the request previously has been 205
convicted of or pleaded guilty to any offense specified in section 206
3319.31 of the Revised Code. 207

       (8) On a request pursuant to section 2151.86 of the Revised 208
Code, a completed form prescribed pursuant to division (C)(1) of 209
this section, and a set of fingerprint impressions obtained in the 210
manner described in division (C)(2) of this section, the 211
superintendent of the bureau of criminal identification and 212
investigation shall conduct a criminal records check in the manner 213
described in division (B) of this section to determine whether any 214
information exists that indicates that the person who is the 215
subject of the request previously has been convicted of or pleaded 216
guilty to any of the following: 217

       (a) A violation of section 2903.01, 2903.02, 2903.03, 218
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 219
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 220
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 221
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 222
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 223
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 224
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a 225
violation of section 2905.04 of the Revised Code as it existed 226
prior to July 1, 1996, a violation of section 2919.23 of the 227
Revised Code that would have been a violation of section 2905.04 228
of the Revised Code as it existed prior to July 1, 1996, had the 229
violation been committed prior to that date, a violation of 230
section 2925.11 of the Revised Code that is not a minor drug 231
possession offense, or felonious sexual penetration in violation 232
of former section 2907.12 of the Revised Code; 233

       (b) A violation of an existing or former law of this state, 234
any other state, or the United States that is substantially 235
equivalent to any of the offenses listed in division (A)(8)(a) of 236
this section. 237

       (9) When conducting a criminal records check on a request 238
pursuant to section 5104.013 of the Revised Code for a person who 239
is an owner, licensee, or administrator of a child day-care center 240
or type A family day-care home, an authorized provider of a 241
certified type B family day-care home, or an adult residing in a 242
type A or certified type B home, or when conducting a criminal 243
records check or a request pursuant to section 5104.012 of the 244
Revised Code for a person who is an applicant for employment in a 245
center, type A home, or certified type B home, the superintendent, 246
in addition to the determination made under division (A)(1) of 247
this section, shall determine whether any information exists that 248
indicates that the person has been convicted of or pleaded guilty 249
to any of the following: 250

       (a) A violation of section 2913.02, 2913.03, 2913.04, 251
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 252
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 253
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 254
2921.13, or 2923.01 of the Revised Code, a violation of section 255
2923.02 or 2923.03 of the Revised Code that relates to a crime 256
specified in this division or division (A)(1)(a) of this section, 257
or a second violation of section 4511.19 of the Revised Code 258
within five years of the date of application for licensure or 259
certification. 260

       (b) A violation of an existing or former law of this state, 261
any other state, or the United States that is substantially 262
equivalent to any of the offenses or violations described in 263
division (A)(9)(a) of this section. 264

       (10) Upon receipt of a request pursuant to section 5153.111 265
of the Revised Code, a completed form prescribed pursuant to 266
division (C)(1) of this section, and a set of fingerprint 267
impressions obtained in the manner described in division (C)(2) of 268
this section, the superintendent of the bureau of criminal 269
identification and investigation shall conduct a criminal records 270
check in the manner described in division (B) of this section to 271
determine whether any information exists that indicates that the 272
person who is the subject of the request previously has been 273
convicted of or pleaded guilty to any of the following: 274

       (a) A violation of section 2903.01, 2903.02, 2903.03, 275
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 276
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 277
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 278
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 279
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 280
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 281
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 282
felonious sexual penetration in violation of former section 283
2907.12 of the Revised Code, a violation of section 2905.04 of the 284
Revised Code as it existed prior to July 1, 1996, a violation of 285
section 2919.23 of the Revised Code that would have been a 286
violation of section 2905.04 of the Revised Code as it existed 287
prior to July 1, 1996, had the violation been committed prior to 288
that date, or a violation of section 2925.11 of the Revised Code 289
that is not a minor drug possession offense; 290

       (b) A violation of an existing or former law of this state, 291
any other state, or the United States that is substantially 292
equivalent to any of the offenses listed in division (A)(10)(a) of 293
this section. 294

       (11) On receipt of a request for a criminal records check 295
from an individual pursuant to section 4749.03 or 4749.06 of the 296
Revised Code, accompanied by a completed copy of the form 297
prescribed in division (C)(1) of this section and a set of 298
fingerprint impressions obtained in a manner described in division 299
(C)(2) of this section, the superintendent of the bureau of 300
criminal identification and investigation shall conduct a criminal 301
records check in the manner described in division (B) of this 302
section to determine whether any information exists indicating 303
that the person who is the subject of the request has been 304
convicted of or pleaded guilty to a felony in this state or in any 305
other state. If the individual indicates that a firearm will be 306
carried in the course of business, the superintendent shall 307
require information from the federal bureau of investigation as 308
described in division (B)(2) of this section. The superintendent 309
shall report the findings of the criminal records check and any 310
information the federal bureau of investigation provides to the 311
director of public safety. 312

       (12) On receipt of a request pursuant to section 1322.03, 313
1322.031, or 4763.05 of the Revised Code, a completed form 314
prescribed pursuant to division (C)(1) of this section, and a set 315
of fingerprint impressions obtained in the manner described in 316
division (C)(2) of this section, the superintendent of the bureau 317
of criminal identification and investigation shall conduct a 318
criminal records check with respect to any person who has applied 319
for a license, permit, or certification from the department of 320
commerce or a division in the department. The superintendent shall 321
conduct the criminal records check in the manner described in 322
division (B) of this section to determine whether any information 323
exists that indicates that the person who is the subject of the 324
request previously has been convicted of or pleaded guilty to any 325
of the following: a violation of section 2913.02, 2913.11, 326
2913.31, 2913.51, or 2925.03 of the Revised Code; any other 327
criminal offense involving theft, receiving stolen property, 328
embezzlement, forgery, fraud, passing bad checks, money 329
laundering, or drug trafficking, or any criminal offense involving 330
money or securities, as set forth in Chapters 2909., 2911., 2913., 331
2915., 2921., 2923., and 2925. of the Revised Code; or any 332
existing or former law of this state, any other state, or the 333
United States that is substantially equivalent to those offenses. 334

       (13) On receipt of a request for a criminal records check 335
from an individual under section 4701.08, 4709.071, 4715.101, 336
4717.061, 4725.121, 4725.501, 4729.071, 4732.091, 4734.202, 337
4741.10, 4755.70, 4757.101, 4759.061, 4761.051, or 4779.091 of the 338
Revised Code, accompanied by a completed form prescribed under 339
division (C)(1) of this section and a set of fingerprint 340
impressions obtained in the manner described in division (C)(2) of 341
this section, the superintendent of the bureau of criminal 342
identification and investigation shall conduct a criminal records 343
check in the manner described in division (B) of this section to 344
determine whether any information exists that indicates that the 345
person who is the subject of the request has been convicted of or 346
pleaded guilty to any criminal offense in this state or any other 347
state. The superintendent shall send the results to the licensing 348
board specified by the individual in the request. 349

       (14) Not later than thirty days after the date the 350
superintendent receives the request, completed form, and 351
fingerprint impressions, the superintendent shall send the person, 352
board, or entity that made the request any information, other than 353
information the dissemination of which is prohibited by federal 354
law, the superintendent determines exists with respect to the 355
person who is the subject of the request that indicates that the 356
person previously has been convicted of or pleaded guilty to any 357
offense listed or described in division (A)(1), (2), (3), (4), 358
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as 359
appropriate. The superintendent shall send the person, board, or 360
entity that made the request a copy of the list of offenses 361
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8), 362
(9), (10), (11), or (12) of this section, as appropriate. If the 363
request was made under section 3701.881 of the Revised Code with 364
regard to an applicant who may be both responsible for the care, 365
custody, or control of a child and involved in providing direct 366
care to an older adult, the superintendent shall provide a list of 367
the offenses specified in divisions (A)(4) and (6) of this 368
section. 369

       (B) The superintendent shall conduct any criminal records 370
check requested under section 121.08, 173.27, 173.394, 1322.03, 371
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 372
3721.121, 3722.151, 4701.08, 4709.071, 4715.101, 4717.061, 373
4725.121, 4725.501, 4729.071, 4732.091, 4734.202, 4741.10, 374
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4761.051, 4763.05, 375
4779.091, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 376
5126.281, or 5153.111 of the Revised Code as follows: 377

       (1) The superintendent shall review or cause to be reviewed 378
any relevant information gathered and compiled by the bureau under 379
division (A) of section 109.57 of the Revised Code that relates to 380
the person who is the subject of the request, including any 381
relevant information contained in records that have been sealed 382
under section 2953.32 of the Revised Code; 383

       (2) If the request received by the superintendent asks for 384
information from the federal bureau of investigation, the 385
superintendent shall request from the federal bureau of 386
investigation any information it has with respect to the person 387
who is the subject of the request and shall review or cause to be 388
reviewed any information the superintendent receives from that 389
bureau. 390

        (3) The superintendent or the superintendent's designee may 391
request criminal history records from other states or the federal 392
government pursuant to the national crime prevention and privacy 393
compact set forth in section 109.571 of the Revised Code. 394

       (C)(1) The superintendent shall prescribe a form to obtain 395
the information necessary to conduct a criminal records check from 396
any person for whom a criminal records check is required by 397
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 398
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 399
4701.08, 4709.071, 4715.101, 4717.061, 4725.121, 4725.501, 400
4729.071, 4732.091, 4734.202, 4741.10, 4749.03, 4749.06, 4755.70, 401
4757.101, 4759.061, 4761.051, 4763.05, 4779.091, 5104.012, 402
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 403
5153.111 of the Revised Code. The form that the superintendent 404
prescribes pursuant to this division may be in a tangible format, 405
in an electronic format, or in both tangible and electronic 406
formats. 407

       (2) The superintendent shall prescribe standard impression 408
sheets to obtain the fingerprint impressions of any person for 409
whom a criminal records check is required by section 121.08, 410
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 411
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4709.071, 412
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4732.091, 413
4734.202, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 414
4761.051, 4763.05, 4779.091, 5104.012, 5104.013, 5111.95, 5111.96, 415
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any 416
person for whom a records check is required by any of those 417
sections shall obtain the fingerprint impressions at a county 418
sheriff's office, municipal police department, or any other entity 419
with the ability to make fingerprint impressions on the standard 420
impression sheets prescribed by the superintendent. The office, 421
department, or entity may charge the person a reasonable fee for 422
making the impressions. The standard impression sheets the 423
superintendent prescribes pursuant to this division may be in a 424
tangible format, in an electronic format, or in both tangible and 425
electronic formats. 426

       (3) Subject to division (D) of this section, the 427
superintendent shall prescribe and charge a reasonable fee for 428
providing a criminal records check requested under section 121.08, 429
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 430
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4709.071, 431
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4732.091, 432
4734.202, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 433
4761.051, 4763.05, 4779.091, 5104.012, 5104.013, 5111.95, 5111.96, 434
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The 435
person making a criminal records request under section 121.08, 436
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 437
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4709.071, 438
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4732.091, 439
4734.202, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 440
4761.051, 4763.05, 4779.091, 5104.012, 5104.013, 5111.95, 5111.96, 441
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall 442
pay the fee prescribed pursuant to this division. A person making 443
a request under section 3701.881 of the Revised Code for a 444
criminal records check for an applicant who may be both 445
responsible for the care, custody, or control of a child and 446
involved in providing direct care to an older adult shall pay one 447
fee for the request. 448

       (4) The superintendent of the bureau of criminal 449
identification and investigation may prescribe methods of 450
forwarding fingerprint impressions and information necessary to 451
conduct a criminal records check, which methods shall include, but 452
not be limited to, an electronic method. 453

       (D) A determination whether any information exists that 454
indicates that a person previously has been convicted of or 455
pleaded guilty to any offense listed or described in division 456
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 457
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), 458
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12), or (A)(13) of 459
this section that is made by the superintendent with respect to 460
information considered in a criminal records check in accordance 461
with this section is valid for the person who is the subject of 462
the criminal records check for a period of one year from the date 463
upon which the superintendent makes the determination. During the 464
period in which the determination in regard to a person is valid, 465
if another request under this section is made for a criminal 466
records check for that person, the superintendent shall provide 467
the information that is the basis for the superintendent's initial 468
determination at a lower fee than the fee prescribed for the 469
initial criminal records check. 470

       (E) As used in this section: 471

       (1) "Criminal records check" means any criminal records check 472
conducted by the superintendent of the bureau of criminal 473
identification and investigation in accordance with division (B) 474
of this section. 475

       (2) "Home and community-based waiver services" and "waiver 476
agency" have the same meanings as in section 5111.95 of the 477
Revised Code. 478

       (3) "Independent provider" has the same meaning as in section 479
5111.96 of the Revised Code. 480

       (4) "Minor drug possession offense" has the same meaning as 481
in section 2925.01 of the Revised Code. 482

       (5) "Older adult" means a person age sixty or older. 483

       Sec. 4701.08. (A) As used in this section, "license" and 484
"applicant for an initial license" have the same meanings as in 485
section 4776.01 of the Revised Code, except that "license" as used 486
in both of those terms refers to the types of authorizations 487
otherwise issued or conferred under this chapter. 488

       (B) In addition to any other eligibility requirement set 489
forth in this chapter, each applicant for an initial license shall 490
comply with sections 4776.01 to 4776.04 of the Revised Code. The 491
accountancy board shall not grant a license to an applicant for an 492
initial license unless the applicant complies with sections 493
4776.01 to 4776.04 of the Revised Code and the board, in its 494
discretion, decides that the results of the criminal records check 495
do not impair the applicant's eligibility for a license. 496

       Sec. 4709.05. In addition to any other duty imposed on the 497
barber board under this chapter, the board shall do all of the 498
following: 499

       (A) Organize by electing a chairperson from its members to 500
serve a one-year term; 501

       (B) Hold regular meetings, at the times and places as it 502
determines for the purpose of conducting the examinations required 503
under this chapter, and hold additional meetings for the 504
transaction of necessary business; 505

       (C) Provide for suitable quarters, in the city of Columbus, 506
for the conduct of its business and the maintenance of its 507
records; 508

       (D) Adopt a common seal for the authentication of its orders, 509
communications, and records; 510

       (E) Maintain a record of its proceedings and a register of 511
persons licensed as barbers. The register shall include each 512
licensee's name, place of business, residence, and licensure date 513
and number, and a record of all licenses issued, refused, renewed, 514
suspended, or revoked. The records are open to public inspection 515
at all reasonable times. 516

       (F) Annually, on or before the first day of January, make a 517
report to the governor of all its official acts during the 518
preceding year, its receipts and disbursements, recommendations it 519
determines appropriate, and an evaluation of board activities 520
intended to aid or protect consumers of barber services; 521

       (G) Employ an executive director who shall do all things 522
requested by the board for the administration and enforcement of 523
this chapter. The executive director shall employ inspectors, 524
clerks, and other assistants as the executive director determines 525
necessary. 526

       (H) Ensure that the practice of barbering is conducted only 527
in a licensed barber shop, except when the practice of barbering 528
is performed on a person whose physical or mental disability 529
prevents that person from going to a licensed barber shop; 530

       (I) Conduct or have conducted the examination for applicants 531
to practice as licensed barbers at least four times per year at 532
the times and places the board determines; 533

       (J) Adopt rules, in accordance with Chapter 119. of the 534
Revised Code, to administer and enforce this chapter and which 535
cover all of the following: 536

       (1) Sanitary standards for the operation of barber shops and 537
barber schools that conform to guidelines established by the 538
department of health; 539

       (2) The content of the examination required of an applicant 540
for a barber license. The examination shall include a practical 541
demonstration and a written test, shall relate only to the 542
practice of barbering, and shall require the applicant to 543
demonstrate that the applicant has a thorough knowledge of and 544
competence in the proper techniques in the safe use of chemicals 545
used in the practice of barbering. 546

       (3) Continuing education requirements for persons licensed 547
pursuant to this chapter. The board may impose continuing 548
education requirements upon a licensee for a violation of this 549
chapter or the rules adopted pursuant thereto or if the board 550
determines that the requirements are necessary to preserve the 551
health, safety, or welfare of the public. 552

       (4) Requirements for the licensure of barber schools, barber 553
teachers, and assistant barber teachers; 554

       (5) Requirements for students of barber schools; 555

       (6) Requirements for criminal records checks of applicants 556
under section 4776.03 of the Revised Code; 557

       (7) Any other area the board determines appropriate to 558
administer or enforce this chapter. 559

       (K) Annually review the rules adopted pursuant to division 560
(J) of this section in order to compare those rules with the rules 561
adopted by the state board of cosmetology pursuant to section 562
4713.08 of the Revised Code. If the barber board determines that 563
the rules adopted by the state board of cosmetology, including, 564
but not limited to, rules concerning using career technical 565
schools, would be beneficial to the barbering profession, the 566
barber board shall adopt rules similar to those it determines 567
would be beneficial for barbers. 568

       (L) Prior to adopting any rule under this chapter, indicate 569
at a formal hearing the reasons why the rule is necessary as a 570
protection of the persons who use barber services or as an 571
improvement of the professional standing of barbers in this state; 572

       (M) Furnish each owner or manager of a barber shop and barber 573
school with a copy of all sanitary rules adopted pursuant to 574
division (J) of this section; 575

       (N) Conduct ~~such~~ investigations and inspections of persons 576
and establishments licensed or unlicensed pursuant to this chapter 577
~~and for~~. For that purpose, any member of the board or any of its 578
authorized agents may enter and inspect any place of business of a 579
licensee or a person suspected of violating this chapter or the 580
rules adopted pursuant ~~thereto~~to it, during normal business 581
hours;. 582

       (O) Upon the written request of an applicant and the payment 583
of the appropriate fee, provide to the applicant licensure 584
information concerning the applicant; 585

       (P) Do all things necessary for the proper administration and 586
enforcement of this chapter. 587

       Sec. 4709.071. (A) As used in this section, "license" and 588
"applicant for an initial license" have the same meanings as in 589
section 4776.01 of the Revised Code, except that "license" as used 590
in both of those terms refers to the types of authorizations 591
otherwise issued or conferred under this chapter. 592

       (B) In addition to any other eligibility requirement set 593
forth in this chapter, each applicant for an initial license shall 594
comply with sections 4776.01 to 4776.04 of the Revised Code. The 595
barber board shall not grant a license to an applicant for an 596
initial license unless the applicant complies with sections 597
4776.01 to 4776.04 of the Revised Code and the board, in its 598
discretion, decides that the results of the criminal records check 599
do not impair the applicant's eligibility for a license. 600

       Sec. 4715.101. (A) As used in this section, "license" and 601
"applicant for an initial license" have the same meanings as in 602
section 4776.01 of the Revised Code, except that "license" as used 603
in both of those terms refers to the types of authorizations 604
otherwise issued or conferred under this chapter. 605

       (B) In addition to any other eligibility requirement set 606
forth in this chapter, each applicant for an initial license shall 607
comply with sections 4776.01 to 4776.04 of the Revised Code. The 608
state dental board shall not grant a license to an applicant for 609
an initial license unless the applicant complies with sections 610
4776.01 to 4776.04 of the Revised Code and the board, in its 611
discretion, decides that the results of the criminal records check 612
do not impair the applicant's eligibility for a license. 613

       Sec. 4717.04. (A) The board of embalmers and funeral 614
directors shall adopt rules in accordance with Chapter 119. of the 615
Revised Code for the government, transaction of the business, and 616
the management of the affairs of the board of embalmers and 617
funeral directors and the crematory review board, and for the 618
administration and enforcement of this chapter. These rules shall 619
include all of the following: 620

       (1) The nature, scope, content, and form of the application 621
that must be completed and license examination that must be passed 622
in order to receive an embalmer's license or a funeral director's 623
license under section 4717.05 of the Revised Code. The rules shall 624
ensure both of the following: 625

       (a) That the embalmer's license examination tests the 626
applicant's knowledge through at least a comprehensive section and 627
an Ohio laws section; 628

       (b) That the funeral director's license examination tests the 629
applicant's knowledge through at least a comprehensive section, an 630
Ohio laws section, and a sanitation section. 631

       (2) The minimum license examination score necessary to be 632
licensed under section 4717.05 of the Revised Code as an embalmer 633
or as a funeral director; 634

       (3) Procedures for determining the dates of the embalmer's 635
and funeral director's license examinations, which shall be 636
administered at least once each year, the time and place of each 637
examination, and the supervision required for each examination; 638

       (4) Procedures for determining whether the board shall accept 639
an applicant's compliance with the licensure, registration, or 640
certification requirements of another state as grounds for 641
granting the applicant a license under this chapter; 642

       (5) A determination of whether completion of a nationally 643
recognized embalmer's or funeral director's examination 644
sufficiently meets the license requirements for the comprehensive 645
section of either the embalmer's or the funeral director's license 646
examination administered under this chapter; 647

       (6) Continuing education requirements for licensed embalmers 648
and funeral directors; 649

       (7) Requirements for the licensing and operation of funeral 650
homes; 651

       (8) Requirements for the licensing and operation of embalming 652
facilities; 653

       (9) A schedule that lists, and specifies a forfeiture 654
commensurate with, each of the following types of conduct which, 655
for the purposes of division (A)(9) of this section and section 656
4717.15 of the Revised Code, are violations of this chapter: 657

       (a) Obtaining a license under this chapter by fraud or 658
misrepresentation either in the application or in passing the 659
required examination for the license; 660

       (b) Purposely violating any provision of sections 4717.01 to 661
4717.15 of the Revised Code or a rule adopted under any of those 662
sections; division (A) or (B) of section 4717.23; division (B)(1) 663
or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions 664
(H) to (K) of section 4717.26; division (D)(1) of section 4717.27; 665
or divisions (A) to (C) of section 4717.28 of the Revised Code; 666

       (c) Committing unprofessional conduct; 667

       (d) Knowingly permitting an unlicensed person, other than a 668
person serving an apprenticeship, to engage in the profession or 669
business of embalming or funeral directing under the licensee's 670
supervision; 671

       (e) Refusing to promptly submit the custody of a dead human 672
body upon the express order of the person legally entitled to the 673
body; 674

       (f) Transferring a license to operate a funeral home, 675
embalming facility, or crematory facility from one owner or 676
operator to another, or from one location to another, without 677
notifying the board; 678

       (g) Misleading the public using false or deceptive 679
advertising. 680

       Each instance of the commission of any of the types of 681
conduct described in divisions (A)(9)(a), (b), (c), (d), (e), (f), 682
and (g) of this section is a separate violation. The rules adopted 683
under division (A)(9) of this section shall establish the amount 684
of the forfeiture for a violation of each of those divisions. The 685
forfeiture for a first violation shall not exceed five thousand 686
dollars, and the forfeiture for a second or subsequent violation 687
shall not exceed ten thousand dollars. The amount of the 688
forfeiture may differ among the types of violations according to 689
what the board considers the seriousness of each violation. 690

       (10) Requirements for the licensing and operation of 691
crematory facilities; 692

       (11) Procedures for the issuance of duplicate licenses; 693

       (12) Requirements for criminal records checks of applicants 694
under section 4776.03 of the Revised Code. 695

       (B) The board may adopt rules governing the educational 696
standards for licensure as an embalmer or funeral director and the 697
standards of service and practice to be followed in embalming and 698
funeral directing and in the operation of funeral homes, embalming 699
facilities, and crematory facilities in this state. 700

       (C) Nothing in this chapter authorizes the board of embalmers 701
and funeral directors to regulate cemeteries, except that the 702
board shall license and regulate crematories located at cemeteries 703
in accordance with this chapter. 704

       Sec. 4717.061. (A) As used in this section, "license" and 705
"applicant for an initial license" have the same meanings as in 706
section 4776.01 of the Revised Code, except that "license" as used 707
in both of those terms refers to the types of authorizations 708
otherwise issued or conferred under this chapter. 709

       (B) In addition to any other eligibility requirement set 710
forth in this chapter, each applicant for an initial license shall 711
comply with sections 4776.01 to 4776.04 of the Revised Code. The 712
board of embalmers and funeral directors shall not grant a license 713
to an applicant for an initial license unless the applicant 714
complies with sections 4776.01 to 4776.04 of the Revised Code and 715
the board, in its discretion, decides that the results of the 716
criminal records check do not impair the applicant's eligibility 717
for a license. 718

       Sec. 4725.09. (A) The state board of optometry shall adopt 719
rules as it considers necessary to govern the practice of 720
optometry and to administer and enforce sections 4725.01 to 721
4725.34 of the Revised Code. All rules adopted under those 722
sections ~~4725.01 to 4725.34 of the Revised Code~~ shall be adopted 723
in accordance with Chapter 119. of the Revised Code. 724

       (B) The board, in consultation with the state board of 725
pharmacy, shall adopt rules specifying oral dosages of drugs or 726
dangerous drugs that are therapeutic pharmaceutical agents under 727
division (C)(3) of section 4725.01 of the Revised Code. 728

       (C) The board shall adopt rules that establish standards to 729
be met and procedures to be followed with respect to the 730
delegation by an optometrist of the performance of an optometric 731
task to a person who is not licensed or otherwise specifically 732
authorized by the Revised Code to perform the task. The rules 733
shall permit an optometrist who holds a topical ocular 734
pharmaceutical agents certificate or therapeutic pharmaceutical 735
agents certificate to delegate the administration of drugs 736
included in the optometrist's scope of practice. 737

       The rules adopted under this division shall provide for all 738
of the following: 739

       (1) On-site supervision when the delegation occurs in an 740
institution or other facility that is used primarily for the 741
purpose of providing health care, unless the board established a 742
specific exception to the on-site supervision requirement with 743
respect to routine administration of a topical drug; 744

       (2) Evaluation of whether delegation is appropriate according 745
to the acuity of the patient involved; 746

       (3) Training and competency requirements that must be met by 747
the person administering the drugs; 748

       (4) Other standards and procedures the board considers 749
relevant. 750

       (D) The state board of optometry shall adopt rules 751
establishing criminal records checks requirements for applicants 752
under section 4776.03 of the Revised Code. 753

       Sec. 4725.121. (A) As used in this section, "license" and 754
"applicant for an initial license" have the same meanings as in 755
section 4776.01 of the Revised Code, except that "license" as used 756
in both of those terms refers to the types of authorizations 757
otherwise issued or conferred under this chapter. 758

       (B) In addition to any other eligibility requirement set 759
forth in this chapter, each applicant for an initial license shall 760
comply with sections 4776.01 to 4776.04 of the Revised Code. The 761
state board of optometry shall not grant a license to an applicant 762
for an initial license unless the applicant complies with sections 763
4776.01 to 4776.04 of the Revised Code and the board, in its 764
discretion, decides that the results of the criminal records check 765
do not impair the applicant's eligibility for a license. 766

       Sec. 4725.44. (A) The Ohio optical dispensers board shall be 767
responsible for the administration of sections 4725.40 to 4725.59 768
of the Revised Code and, in particular, shall process applications 769
for licensure as licensed dispensing opticians and ocularists; 770
schedule, administer, and supervise the qualifying examinations 771
for licensure or contract with a testing service to schedule, 772
administer, and supervise the qualifying examination for 773
licensure; issue licenses to qualified individuals; revoke and 774
suspend licenses; and maintain adequate records with respect to 775
its operations and responsibilities. 776

       (B) The board shall adopt, amend, or rescind rules, pursuant 777
to Chapter 119. of the Revised Code, for the licensure of 778
dispensing opticians and ocularists, and such other rules as are 779
required by or necessary to carry out the responsibilities imposed 780
by sections 4725.40 to 4725.59 of the Revised Code, including 781
rules establishing criminal records check requirements under 782
section 4776.03 of the Revised Code. 783

       (C) The board shall have no authority to adopt rules 784
governing the employment of dispensing opticians, the location or 785
number of optical stores, advertising of optical products or 786
services, or the manner in which ~~such~~optical products can be 787
displayed. 788

       Sec. 4725.501. (A) As used in this section, "license" and 789
"applicant for an initial license" have the same meanings as in 790
section 4776.01 of the Revised Code, except that "license" as used 791
in both of those terms refers to the types of authorizations 792
otherwise issued or conferred under this chapter. 793

       (B) In addition to any other eligibility requirement set 794
forth in this chapter, each applicant for an initial license shall 795
comply with sections 4776.01 to 4776.04 of the Revised Code. The 796
Ohio optical dispensers board shall not grant a license to an 797
applicant for an initial license unless the applicant complies 798
with sections 4776.01 to 4776.04 of the Revised Code and the 799
board, in its discretion, decides that the results of the criminal 800
records check do not impair the applicant's eligibility for a 801
license. 802

       Sec. 4729.071. (A) As used in this section, "license" and 803
"applicant for an initial license" have the same meanings as in 804
section 4776.01 of the Revised Code, except that "license" as used 805
in both of those terms refers to the types of authorizations 806
otherwise issued or conferred under this chapter. 807

       (B) In addition to any other eligibility requirement set 808
forth in this chapter, each applicant for an initial license shall 809
comply with sections 4776.01 to 4776.04 of the Revised Code. The 810
state board of pharmacy shall not grant a license to an applicant 811
for an initial license unless the applicant complies with sections 812
4776.01 to 4776.04 of the Revised Code and the board, in its 813
discretion, decides that the results of the criminal records check 814
do not impair the applicant's eligibility for a license. 815

       Sec. 4732.091. (A) As used in this section, "license" and 816
"applicant for an initial license" have the same meanings as in 817
section 4776.01 of the Revised Code, except that "license" as used 818
in both of those terms refers to the types of authorizations 819
otherwise issued or conferred under this chapter. 820

       (B) In addition to any other eligibility requirement set 821
forth in this chapter, each applicant for an initial license shall 822
comply with sections 4776.01 to 4776.04 of the Revised Code. The 823
state board of psychology shall not grant a license to an 824
applicant for an initial license unless the applicant complies 825
with sections 4776.01 to 4776.04 of the Revised Code and the 826
board, in its discretion, decides that the results of the criminal 827
records check do not impair the applicant's eligibility for a 828
license. 829

       Sec. 4734.202. (A) As used in this section, "license" and 830
"applicant for an initial license" have the same meanings as in 831
section 4776.01 of the Revised Code, except that "license" as used 832
in both of those terms refers to the types of authorizations 833
otherwise issued or conferred under this chapter. 834

       (B) In addition to any other eligibility requirement set 835
forth in this chapter, each applicant for an initial license shall 836
comply with sections 4776.01 to 4776.04 of the Revised Code. The 837
state chiropractic board shall not grant a license to an applicant 838
for an initial license unless the applicant complies with sections 839
4776.01 to 4776.04 of the Revised Code and the board, in its 840
discretion, decides that the results of the criminal records check 841
do not impair the applicant's eligibility for a license. 842

       Sec. 4741.10. (A) As used in this section, "license" and 843
"applicant for an initial license" have the same meanings as in 844
section 4776.01 of the Revised Code, except that "license" as used 845
in both of those terms refers to the types of authorizations 846
otherwise issued or conferred under this chapter. 847

       (B) In addition to any other eligibility requirement set 848
forth in this chapter, each applicant for an initial license shall 849
comply with sections 4776.01 to 4776.04 of the Revised Code. The 850
state veterinary medical licensing board shall not grant a license 851
to an applicant for an initial license unless the applicant 852
complies with sections 4776.01 to 4776.04 of the Revised Code and 853
the board, in its discretion, decides that the results of the 854
criminal records check do not impair the applicant's eligibility 855
for a license. 856

       Sec. 4755.05. The occupational therapy section of the Ohio 857
occupational therapy, physical therapy, and athletic trainers 858
board may make reasonable rules in accordance with Chapter 119. of 859
the Revised Code relating to, but not limited to, the following: 860

       (A) The form and manner for filing applications for licensure 861
under sections 4755.01 to 4755.12 of the Revised Code; 862

       (B) The issuance, suspension, and revocation of ~~such~~the 863
licenses, and the conducting of hearings; 864

       (C) Standards for approval of courses of study required for 865
~~such~~the licenses and their renewals ~~thereof~~; 866

       (D) The time and form of examination for ~~such~~the licensure; 867

       (E) Standards of ethical conduct in the practice of 868
occupational therapy; 869

       (F) Certificates of renewal; 870

       (G) Placing an existing license in escrow; 871

       (H) Requirements for criminal records checks of applicants 872
under section 4776.03 of the Revised Code. 873

       The section may hear testimony in matters relating to the 874
duties imposed upon it, and the ~~chairman~~chairperson and secretary 875
of the section may administer oaths. The section may require 876
proof, beyond the evidence found in the application, of the 877
honesty, truthfulness, and good reputation of any person named in 878
an application for such licensure, before admitting the applicant 879
to the examination or issuing a license. 880

       Sec. 4755.61. (A) The athletic trainers section of the Ohio 881
occupational therapy, physical therapy, and athletic trainers 882
board shall: 883

       (1) Adopt rules, not inconsistent with this chapter, for the 884
licensure of athletic trainers, including rules that specify the 885
educational course work requirements for licensure and rules that 886
prescribe requirements for criminal records of applicants under 887
section 4776.03 of the Revised Code; 888

       (2) Establish fees in accordance with division (B) of this 889
section and section 4755.13 of the Revised Code fixing license and 890
examination fees; 891

       (3) Conduct hearings, keep records of its proceedings, and do 892
all things necessary and proper to administer and enforce sections 893
4755.61 to 4755.65 of the Revised Code; 894

       (4) Publish and make available, upon request and for a fee 895
not to exceed the actual cost of printing and mailing, the 896
requirements for the issuance of an athletic trainers license 897
under this chapter and the rules adopted ~~thereunder~~under it; 898

       (5) Maintain a register of every person licensed to practice 899
athletic training in this state, including the addresses of the 900
licensee's last known place of business and residence, and the 901
effective date and identification number of the person's license. 902
The board shall make this list available to any person upon 903
request and payment of a fee not to exceed the actual cost of 904
printing and mailing. 905

       (6) Publish and make available, upon request and for a fee 906
not to exceed the actual cost of printing and mailing, a list of 907
persons who passed the examination required under section 4755.62 908
of the Revised Code; 909

       (7) Investigate complaints concerning alleged violations of 910
section 4755.62 of the Revised Code or other grounds for the 911
suspension, revocation, or refusal to issue a license under 912
section 3123.47 or 4755.64 of the Revised Code. In connection with 913
its investigations, the athletic trainers section may subpoena 914
witnesses, issue subpoenas, examine witnesses, administer oaths, 915
and, under the direction of the executive secretary of the board, 916
investigate complaints and make inspections and other inquiries as 917
in the judgment of the section are appropriate to enforce sections 918
3123.41 to 3123.50, 4755.62, and 4755.64 of the Revised Code. The 919
section may review and audit the records of any licensee during 920
normal business hours at the licensee's place of business or at 921
any other place where the licensee's records are kept. 922
Notwithstanding section 149.43 of the Revised Code, the athletic 923
trainers section and its employees, except pursuant to a court 924
order, shall maintain in confidence all information obtained. 925

       (8) Adopt rules governing the nature and scope of the 926
examination required under section 4755.62 of the Revised Code and 927
the reexamination required under section 4755.63 of the Revised 928
Code and the minimum examination score for licensure or renewal 929
thereof. The rules for the examination required under section 930
4755.62 of the Revised Code shall ensure the testing of the 931
applicant's knowledge of the basic and clinical sciences relating 932
to athletic training theory and practice, including professional 933
skills and judgment in the utilization of athletic training 934
techniques and such other subjects as the athletic trainers 935
section of the board considers useful in determining competency to 936
practice athletic training. 937

       (9) Conduct the examination required under section 4755.62 of 938
the Revised Code at least twice a year at a time and place and 939
under such supervision as the athletic trainers section of the 940
board determines; 941

       (10) Adopt rules to determine which states' standards for 942
licensure are equal to or greater than this state's for the 943
purpose of waiving requirements under division (D) of section 944
4755.62 of the Revised Code; 945

       (11) Adopt rules to determine which examinations meet the 946
requirements of division (E) of section 4755.62 of the Revised 947
Code; 948

       (12) Adopt rules establishing the standards of ethical 949
conduct for licensed athletic trainers under this chapter; 950

       (13) Adopt rules to determine the scope and nature of the 951
continuing education courses that comply with the requirement for 952
renewal of a license under section 4755.63 of the Revised Code. 953

       (B) The fees adopted by the athletic trainers section of the 954
board pursuant to division (A)(2) of this section shall be 955
established and adjusted as required to provide sufficient 956
revenues to meet the expenses of the section in administering 957
sections 4755.61 to 4755.66 of the Revised Code. The fees shall 958
include the following: 959

       (1) A nonrefundable examination fee, not to exceed the amount 960
necessary to cover the expense of administering the examination; 961

       (2) An initial license fee; 962

       (3) A biennial license renewal fee; 963

       (4) A late renewal penalty, not to exceed fifty per cent of 964
the renewal fee. 965

       The athletic trainers section of the board may, by rule, 966
provide for the waiver of all or part of a license fee if the 967
license is issued less than one hundred days before its expiration 968
date. 969

       (C) All rules under sections 4755.61 to 4755.65 of the 970
Revised Code shall be adopted by the athletic trainers section of 971
the board in accordance with Chapter 119. of the Revised Code. 972

       Sec. 4755.70. (A) As used in this section, "license" and 973
"applicant for an initial license" have the same meanings as in 974
section 4776.01 of the Revised Code, except that "license" as used 975
in both of those terms refers to the types of authorizations 976
otherwise issued or conferred under this chapter. 977

       (B) In addition to any other eligibility requirement set 978
forth in this chapter, each applicant for an initial license shall 979
comply with sections 4776.01 to 4776.04 of the Revised Code. The 980
occupational therapy section, the physical therapy section, and 981
the athletic trainers section of the Ohio occupational therapy, 982
physical therapy, and athletic trainers board shall not grant a 983
license to an applicant for an initial license unless the 984
applicant complies with sections 4776.01 to 4776.04 of the Revised 985
Code and the board, in its discretion, decides that the results of 986
the criminal records check do not impair the applicant's 987
eligibility for a license. 988

       Sec. 4757.10. The counselor, social worker, and marriage and 989
family therapist board may adopt any rules necessary to carry out 990
this chapter. 991

       The board shall adopt rules that do all of the following: 992

       (A) Concern intervention for and treatment of any impaired 993
person holding a license or certificate of registration issued 994
under this chapter; 995

       (B) Establish standards for training and experience of 996
supervisors described in division (C) of section 4757.30 of the 997
Revised Code; 998

       (C) Define the requirement that an applicant be of good moral 999
character in order to be licensed or registered under this 1000
chapter; 1001

       (D) Establish requirements for criminal records checks of 1002
applicants under section 4776.03 of the Revised Code. 1003

       All rules adopted under this section shall be adopted in 1004
accordance with Chapter 119. of the Revised Code. When it adopts 1005
rules under this section or any other section of this chapter, the 1006
board may consider standards established by any national 1007
association or other organization representing the interests of 1008
those involved in professional counseling, social work, or 1009
marriage and family therapy. 1010

       Sec. 4757.101. (A) As used in this section, "license" and 1011
"applicant for an initial license" have the same meanings as in 1012
section 4776.01 of the Revised Code, except that "license" as used 1013
in both of those terms refers to the types of authorizations 1014
otherwise issued or conferred under this chapter. 1015

       (B) In addition to any other eligibility requirement set 1016
forth in this chapter, each applicant for an initial license shall 1017
comply with sections 4776.01 to 4776.04 of the Revised Code. The 1018
counselor, social worker, and marriage and family therapist board 1019
shall not grant a license to an applicant for an initial license 1020
unless the applicant complies with sections 4776.01 to 4776.04 of 1021
the Revised Code and the board, in its discretion, decides that 1022
the results of the criminal records check do not impair the 1023
applicant's eligibility for a license. 1024

       Sec. 4759.05. The Ohio board of dietetics shall: 1025

       (A) Adopt, amend, or rescind rules pursuant to Chapter 119. 1026
of the Revised Code to carry out the provisions of this chapter, 1027
including rules governing the following: 1028

       (1) Selection and approval of a dietitian licensure 1029
examination offered by the commission on dietetic registration or 1030
any other examination; 1031

       (2) The examination of applicants for licensure as a 1032
dietitian, to be held at least twice annually, as required under 1033
division (A) of section 4759.06 of the Revised Code; 1034

       (3) Requirements for pre-professional dietetic experience of 1035
applicants for licensure as a dietitian that are at least 1036
equivalent to the requirements adopted by the commission on 1037
dietetic registration; 1038

       (4) Requirements for a person holding a limited permit under 1039
division (F) of section 4759.06 of the Revised Code, including the 1040
duration of validity of a limited permit; 1041

       (5) Requirements for a licensed dietitian who places a 1042
license in inactive status under division (G) of section 4759.06 1043
of the Revised Code, including a procedure for changing inactive 1044
status to active status; 1045

       (6) Continuing education requirements for renewal of a 1046
license, except that the board may adopt rules to waive the 1047
requirements for a person who is unable to meet the requirements 1048
due to illness or other reasons. Rules adopted under this division 1049
shall be consistent with the continuing education requirements 1050
adopted by the commission on dietetic registration. 1051

       (7) Any additional education requirements the board considers 1052
necessary, for applicants who have not practiced dietetics within 1053
five years of the initial date of application for licensure; 1054

       (8) Standards of professional responsibility and practice for 1055
persons licensed under this chapter that are consistent with those 1056
standards of professional responsibility and practice adopted by 1057
the American dietetic association; 1058

       (9) Formulation of a written application form for licensure 1059
or license renewal that includes the statement that any applicant 1060
who knowingly makes a false statement on the application is guilty 1061
of a misdemeanor of the first degree under section 2921.13 of the 1062
Revised Code; 1063

       (10) Procedures for license renewal; 1064

       (11) Establishing a time period after the notification of a 1065
violation of section 4759.02 of the Revised Code, by which the 1066
person notified must request a hearing by the board under section 1067
4759.09 of the Revised Code; 1068

       (12) Requirements for criminal records checks of applicants 1069
under section 4776.03 of the Revised Code. 1070

       (B) Investigate alleged violations of ~~section~~sections 1071
4759.02 to 4759.10 of the Revised Code. In making its 1072
investigations, the board may issue subpoenas, examine witnesses, 1073
and administer oaths. 1074

       (C) Adopt a seal; 1075

       (D) Conduct meetings and keep records as are necessary to 1076
carry out the provisions of this chapter; 1077

       (E) Publish, and make available to the public, upon request 1078
and for a fee not to exceed the actual cost of printing and 1079
mailing, the board's rules and requirements for licensure adopted 1080
under division (A) of this section and a record of all persons 1081
licensed under section 4759.06 of the Revised Code. 1082

       Sec. 4759.061. (A) As used in this section, "license" and 1083
"applicant for an initial license" have the same meanings as in 1084
section 4776.01 of the Revised Code, except that "license" as used 1085
in both of those terms refers to the types of authorizations 1086
otherwise issued or conferred under this chapter. 1087

       (B) In addition to any other eligibility requirement set 1088
forth in this chapter, each applicant for an initial license shall 1089
comply with sections 4776.01 to 4776.04 of the Revised Code. The 1090
Ohio board of dietetics shall not grant a license to an applicant 1091
for an initial license unless the applicant complies with sections 1092
4776.01 to 4776.04 of the Revised Code and the board, in its 1093
discretion, decides that the results of the criminal records check 1094
do not impair the applicant's eligibility for a license. 1095

       Sec. 4761.03. The Ohio respiratory care board shall regulate 1096
the practice of respiratory care in this state and the persons to 1097
whom the board issues licenses and limited permits under this 1098
chapter and shall license and register home medical equipment 1099
services providers under Chapter 4752. of the Revised Code ~~under~~ 1100
~~this chapter~~. Rules adopted under this chapter that deal with the 1101
provision of respiratory care in a hospital, other than rules 1102
regulating the issuance of licenses or limited permits, shall be 1103
consistent with the conditions for participation under medicare, 1104
Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 1105
U.S.C.A. 1395, as amended, and with the respiratory care 1106
accreditation standards of the joint commission on accreditation 1107
of healthcare organizations or the American osteopathic 1108
association. 1109

       The board shall: 1110

       (A) Adopt, and may rescind or amend, rules in accordance with 1111
Chapter 119. of the Revised Code to carry out the purposes of this 1112
chapter, including rules prescribing: 1113

       (1) The form and manner for filing applications for licensure 1114
and renewal, limited permits, and limited permit extensions under 1115
sections 4761.05 and 4761.06 of the Revised Code; 1116

       (2) The form, scoring, and scheduling of examinations and 1117
reexaminations for licensure and license renewal; 1118

       (3) Standards for the approval of educational programs 1119
required to qualify for licensure and continuing education 1120
programs required for license renewal; 1121

       (4) Continuing education courses and the number of hour 1122
requirements necessary for license renewal, in accordance with 1123
section 4761.06 of the Revised Code; 1124

       (5) Procedures for the issuance and renewal of licenses and 1125
limited permits, including the duties that may be fulfilled by the 1126
board's executive director and other board employees; 1127

       (6) Procedures for the denial, suspension, permanent 1128
revocation, refusal to renew, and reinstatement of licenses and 1129
limited permits, the conduct of hearings, and the imposition of 1130
fines for engaging in conduct that is grounds for such action and 1131
hearings under section 4761.09 of the Revised Code; 1132

       (7) Standards of ethical conduct for the practice of 1133
respiratory care; 1134

       (8) Conditions under which the license renewal fee and 1135
continuing education requirements may be waived at the request of 1136
a licensee who is not in active practice; 1137

       (9) The respiratory care tasks that may be performed by an 1138
individual practicing as a polysomnographic technologist pursuant 1139
to division (B)(3) of section 4761.10 of the Revised Code; 1140

       (10) Procedures for registering out-of-state respiratory care 1141
providers authorized to practice in this state under division 1142
(A)(4) of section 4761.11 of the Revised Code; 1143

       (11) Requirements for criminal records checks of applicants 1144
under section 4776.03 of the Revised Code. 1145

       (B) Determine the sufficiency of an applicant's 1146
qualifications for admission to the licensing examination or a 1147
reexamination, and for the issuance or renewal of a license or 1148
limited permit; 1149

       (C) Determine the respiratory care educational programs that 1150
are acceptable for fulfilling the requirements of division (A) of 1151
section 4761.04 of the Revised Code; 1152

       (D) Schedule, administer, and score the licensing examination 1153
or any reexamination for license renewal or reinstatement. The 1154
board shall administer the licensing examinations at least twice a 1155
year and notify applicants of the time and place of the 1156
examinations. 1157

       (E) Investigate complaints concerning alleged violations of 1158
section 4761.10 of the Revised Code or grounds for the suspension, 1159
permanent revocation, or refusal to issue licenses or limited 1160
permits under section 3123.47 or 4761.09 of the Revised Code. The 1161
board shall employ investigators who shall, under the direction of 1162
the executive director of the board, investigate complaints and 1163
make inspections and other inquiries as, in the judgment of the 1164
board, are appropriate to enforce sections 3123.41 to 3123.50, 1165
4761.09, and 4761.10 of the Revised Code. Pursuant to an 1166
investigation and inspection, the investigators may review and 1167
audit records during normal business hours at the place of 1168
business of a licensee or person who is the subject of a complaint 1169
filed with the board or at any place where the records are kept. 1170

       Except when required by court order, the board and its 1171
employees shall not disclose confidential information obtained 1172
during an investigation or identifying information about any 1173
person who files a complaint with the board. 1174

       The board may hear testimony in matters relating to the 1175
duties imposed upon it and issue subpoenas pursuant to an 1176
investigation. The president and secretary of the board may 1177
administer oaths. 1178

       (F) Conduct hearings, keep records of its proceedings, and do 1179
~~all such~~ other things as are necessary and proper to carry out and 1180
enforce the provisions of this chapter; 1181

       (G) Maintain, publish, and make available upon request, for a 1182
fee not to exceed the actual cost of printing and mailing: 1183

       (1) The requirements for the issuance of licenses and limited 1184
permits under this chapter and rules adopted by the board; 1185

       (2) A current register of every person licensed to practice 1186
respiratory care in this state, to include the addresses of the 1187
person's last known place of business and residence, the effective 1188
date and identification number of the license, the name and 1189
location of the institution that granted the person's degree or 1190
certificate of completion of respiratory care educational 1191
requirements, and the date the degree or certificate was issued; 1192

       (3) A list of the names and locations of the institutions 1193
that each year granted degrees or certificates of completion in 1194
respiratory care; 1195

       (4) After the administration of each examination, a list of 1196
persons who passed the examination. 1197

       (H) Submit to the governor and to the general assembly each 1198
year a report of all of its official actions during the preceding 1199
year, together with any findings and recommendations with regard 1200
to the improvement of the profession of respiratory care; 1201

       (I) Administer and enforce Chapter 4752. of the Revised Code. 1202

       Sec. 4761.051. (A) As used in this section, "license" and 1203
"applicant for an initial license" have the same meanings as in 1204
section 4776.01 of the Revised Code, except that "license" as used 1205
in both of those terms refers to the types of authorizations 1206
otherwise issued or conferred under this chapter. 1207

       (B) In addition to any other eligibility requirement set 1208
forth in this chapter, each applicant for an initial license shall 1209
comply with sections 4776.01 to 4776.04 of the Revised Code. The 1210
Ohio respiratory care board shall not grant a license to an 1211
applicant for an initial license unless the applicant complies 1212
with sections 4776.01 to 4776.04 of the Revised Code and the 1213
board, in its discretion, decides that the results of the criminal 1214
records check do not impair the applicant's eligibility for a 1215
license. 1216

       Sec. 4776.01. As used in this chapter: 1217

       (A) "License" means an authorization evidenced by a license, 1218
certificate, registration, permit, card, or other authority that 1219
is issued or conferred by a licensing agency to a licensee or to 1220
an applicant for an initial license by which the licensee or 1221
initial license applicant has or claims the privilege to engage in 1222
a profession, occupation, or occupational activity, or to have 1223
control of and operate certain specific equipment, machinery, or 1224
premises, over which the licensing agency has jurisdiction. 1225

       (B) "Licensee" means the person to whom the license is issued 1226
by a licensing agency. 1227

       (C) "Licensing agency" means the board authorized by Chapters 1228
4701., 4709., 4715., 4717., 4725., 4729., 4732., 4734., 4741., 1229
4755., 4757., 4759., 4761., and 4779. of the Revised Code to issue 1230
a license to engage in a specific profession, occupation, or 1231
occupational activity, or to have charge of and operate certain 1232
specified equipment, machinery, or premises. 1233

       (D) "Applicant for an initial license" includes persons 1234
seeking a license for the first time and persons seeking a license 1235
by reciprocity, endorsement, or similar manner of a license issued 1236
in another state. 1237

       (E) "Criminal records check" has the same meaning as in 1238
division (E) of section 109.572 of the Revised Code. 1239

       Sec. 4776.02. (A) An applicant for an initial license from a 1240
licensing agency shall submit a request to the bureau of criminal 1241
identification and investigation for a criminal records check of 1242
the applicant. The request shall be accompanied by a completed 1243
copy of the form prescribed under division (C)(1) of section 1244
109.572 of the Revised Code, a set of fingerprint impressions 1245
obtained as described in division (C)(2) of that section, and the 1246
fee prescribed under division (C)(3) of that section. The 1247
applicant shall ask the superintendent of the bureau of criminal 1248
identification and investigation in the request to obtain from the 1249
federal bureau of investigation any information it has pertaining 1250
to the applicant. 1251

       An applicant requesting a criminal records check shall 1252
provide the bureau of criminal identification and investigation 1253
with the applicant's name and address and with the licensing 1254
agency's name and address. 1255

       (B) Upon receipt of the completed form, the set of 1256
fingerprint impressions, and the fee provided for in division (A) 1257
of this section, the superintendent shall conduct a criminal 1258
records check of the applicant under division (B) of section 1259
109.572 of the Revised Code. Upon completion of the criminal 1260
records check, the superintendent shall report the results of the 1261
criminal records check and any information the federal bureau of 1262
investigation provides to the licensing agency identified in the 1263
request for a criminal records check. 1264

       Sec. 4776.03. Each licensing agency shall adopt rules under 1265
Chapter 119. of the Revised Code establishing administrative and 1266
procedural requirements for criminal records checks. 1267

       Sec. 4776.04. The results of any criminal records check 1268
conducted pursuant to a request made under this chapter and any 1269
report containing those results, including any information the 1270
federal bureau of investigation provides, are not public records 1271
for purposes of section 149.43 of the Revised Code and shall not 1272
be made available to any person or for any purpose other than as 1273
follows: 1274

       (A) The superintendent of the bureau of criminal 1275
identification and investigation shall make the results available 1276
to the licensing agency for use in determining, under the agency's 1277
authorizing chapter of the Revised Code, whether the applicant who 1278
is the subject of the criminal records check should be granted a 1279
license under that chapter. 1280

       (B) The licensing agency shall make the results available to 1281
the applicant who is the subject of the criminal records check or 1282
to the applicant's representative. 1283

       Sec. 4779.08. (A) The state board of orthotics, prosthetics, 1284
and pedorthics shall adopt rules in accordance with Chapter 119. 1285
of the Revised Code to carry out the purposes of this chapter, 1286
including rules prescribing all of the following: 1287

       (1) The form and manner of filing of applications to be 1288
admitted to examinations and for licensure and license renewal; 1289

       (2) Standards and procedures for formulating, evaluating, 1290
approving, and administering licensing examinations or recognizing 1291
other entities that conduct examinations; 1292

       (3) The form, scoring, and scheduling of licensing 1293
examinations; 1294

       (4) Fees for examinations and applications for licensure and 1295
license renewal; 1296

       (5) Fees for approval of continuing education courses; 1297

       (6) Procedures for issuance, renewal, suspension, and 1298
revocation of licenses and the conduct of disciplinary hearings; 1299

       (7) Standards of ethical and professional conduct in the 1300
practice of orthotics, prosthetics, and pedorthics; 1301

       (8) Standards for approving national certification 1302
organizations in orthotics, prosthetics, and pedorthics; 1303

       (9) Fines for violations of this chapter; 1304

       (10) Standards for the recognition and approval of 1305
educational programs required for licensure, including standards 1306
for approving foreign educational credentials; 1307

       (11) Standards for continuing education programs required for 1308
license renewal; 1309

       (12) Provisions for making available the information 1310
described in section 4779.22 of the Revised Code; 1311

       (13) Requirements for criminal records checks of applicants 1312
under section 4776.03 of the Revised Code. 1313

       (B) The board may adopt any other rules necessary for the 1314
administration of this chapter. 1315

       (C) The fees prescribed by this section shall be paid to the 1316
treasurer of state, who shall deposit the fees in the occupational 1317
licensing and regulatory fund established in section 4743.05 of 1318
the Revised Code. 1319

       Sec. 4779.091. (A) As used in this section, "license" and 1320
"applicant for an initial license" have the same meanings as in 1321
section 4776.01 of the Revised Code, except that "license" as used 1322
in both of those terms refers to the types of authorizations 1323
otherwise issued or conferred under this chapter. 1324

       (B) In addition to any other eligibility requirement set 1325
forth in this chapter, each applicant for an initial license shall 1326
comply with sections 4776.01 to 4776.04 of the Revised Code. The 1327
state board of orthotics, prosthetics, and pedorthics shall not 1328
grant a license to an applicant for an initial license unless the 1329
applicant complies with sections 4776.01 to 4776.04 of the Revised 1330
Code and the board, in its discretion, decides that the results of 1331
the criminal records check do not impair the applicant's 1332
eligibility for a license. 1333

       Section 2. That existing sections 109.572, 4709.05, 4717.04, 1334
4725.09, 4725.44, 4755.05, 4755.61, 4757.10, 4759.05, 4761.03, and 1335
4779.08 of the Revised Code are hereby repealed. 1336

       Section 3. Section 109.572 of the Revised Code is presented 1337
in this act as a composite of the section as amended by both Am. 1338
Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly. 1339
The General Assembly, applying the principle stated in division 1340
(B) of section 1.52 of the Revised Code that amendments are to be 1341
harmonized if reasonably capable of simultaneous operation, finds 1342
that the composite is the resulting version of the section in 1343
effect prior to the effective date of the section as presented in 1344
this act. 1345

Section 1. That sections 109.572, 4709.05, 4717.04, 4725.09,	15
4725.44, 4755.05, 4755.61, 4757.10, 4759.05, 4761.03, and 4779.08	16
be amended and sections 4701.08, 4709.071, 4715.101, 4717.061,	17
4725.121, 4725.501, 4729.071, 4732.091, 4734.202, 4741.10,	18
4755.70, 4757.101, 4759.061, 4761.051, 4776.01, 4776.02, 4776.03,	19
4776.04, and 4779.091 of the Revised Code be enacted to read as	20
follows:	21

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	22
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013	23
of the Revised Code, a completed form prescribed pursuant to	24
division (C)(1) of this section, and a set of fingerprint	25
impressions obtained in the manner described in division (C)(2) of	26
this section, the superintendent of the bureau of criminal	27
identification and investigation shall conduct a criminal records	28
check in the manner described in division (B) of this section to	29
determine whether any information exists that indicates that the	30
person who is the subject of the request previously has been	31
convicted of or pleaded guilty to any of the following:	32

(a) A violation of section 2903.01, 2903.02, 2903.03,	33
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	34
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	35
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	36
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	37
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	38
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	39
2925.06, or 3716.11 of the Revised Code, felonious sexual	40
penetration in violation of former section 2907.12 of the Revised	41
Code, a violation of section 2905.04 of the Revised Code as it	42
existed prior to July 1, 1996, a violation of section 2919.23 of	43
the Revised Code that would have been a violation of section	44
2905.04 of the Revised Code as it existed prior to July 1, 1996,	45
had the violation been committed prior to that date, or a	46
violation of section 2925.11 of the Revised Code that is not a	47
minor drug possession offense;	48

(b) A violation of an existing or former law of this state,	49
any other state, or the United States that is substantially	50
equivalent to any of the offenses listed in division (A)(1)(a) of	51
this section.	52

(2) On receipt of a request pursuant to section 5123.081 of	53
the Revised Code with respect to an applicant for employment in	54
any position with the department of mental retardation and	55
developmental disabilities, pursuant to section 5126.28 of the	56
Revised Code with respect to an applicant for employment in any	57
position with a county board of mental retardation and	58
developmental disabilities, or pursuant to section 5126.281 of the	59
Revised Code with respect to an applicant for employment in a	60
direct services position with an entity contracting with a county	61
board for employment, a completed form prescribed pursuant to	62
division (C)(1) of this section, and a set of fingerprint	63
impressions obtained in the manner described in division (C)(2) of	64
this section, the superintendent of the bureau of criminal	65
identification and investigation shall conduct a criminal records	66
check. The superintendent shall conduct the criminal records check	67
in the manner described in division (B) of this section to	68
determine whether any information exists that indicates that the	69
person who is the subject of the request has been convicted of or	70
pleaded guilty to any of the following:	71

(a) A violation of section 2903.01, 2903.02, 2903.03,	72
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	73
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	74
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	75
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	76
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	77
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	78
2925.03, or 3716.11 of the Revised Code;	79

(b) An existing or former municipal ordinance or law of this	80
state, any other state, or the United States that is substantially	81
equivalent to any of the offenses listed in division (A)(2)(a) of	82
this section.	83

(3) On receipt of a request pursuant to section 173.27,	84
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	85
completed form prescribed pursuant to division (C)(1) of this	86
section, and a set of fingerprint impressions obtained in the	87
manner described in division (C)(2) of this section, the	88
superintendent of the bureau of criminal identification and	89
investigation shall conduct a criminal records check with respect	90
to any person who has applied for employment in a position for	91
which a criminal records check is required by those sections. The	92
superintendent shall conduct the criminal records check in the	93
manner described in division (B) of this section to determine	94
whether any information exists that indicates that the person who	95
is the subject of the request previously has been convicted of or	96
pleaded guilty to any of the following:	97

(a) A violation of section 2903.01, 2903.02, 2903.03,	98
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	99
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	100
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	101
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	102
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	103
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	104
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	105
2925.22, 2925.23, or 3716.11 of the Revised Code;	106

(b) An existing or former law of this state, any other state,	107
or the United States that is substantially equivalent to any of	108
the offenses listed in division (A)(3)(a) of this section.	109

(4) On receipt of a request pursuant to section 3701.881 of	110
the Revised Code with respect to an applicant for employment with	111
a home health agency as a person responsible for the care,	112
custody, or control of a child, a completed form prescribed	113
pursuant to division (C)(1) of this section, and a set of	114
fingerprint impressions obtained in the manner described in	115
division (C)(2) of this section, the superintendent of the bureau	116
of criminal identification and investigation shall conduct a	117
criminal records check. The superintendent shall conduct the	118
criminal records check in the manner described in division (B) of	119
this section to determine whether any information exists that	120
indicates that the person who is the subject of the request	121
previously has been convicted of or pleaded guilty to any of the	122
following:	123

(a) A violation of section 2903.01, 2903.02, 2903.03,	124
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	125
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	126
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	127
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	128
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	129
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	130
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	131
violation of section 2925.11 of the Revised Code that is not a	132
minor drug possession offense;	133

(b) An existing or former law of this state, any other state,	134
or the United States that is substantially equivalent to any of	135
the offenses listed in division (A)(4)(a) of this section.	136

(5) On receipt of a request pursuant to section 5111.95 or	137
5111.96 of the Revised Code with respect to an applicant for	138
employment with a waiver agency participating in a department of	139
job and family services administered home and community-based	140
waiver program or an independent provider participating in a	141
department administered home and community-based waiver program in	142
a position that involves providing home and community-based waiver	143
services to consumers with disabilities, a completed form	144
prescribed pursuant to division (C)(1) of this section, and a set	145
of fingerprint impressions obtained in the manner described in	146
division (C)(2) of this section, the superintendent of the bureau	147
of criminal identification and investigation shall conduct a	148
criminal records check. The superintendent shall conduct the	149
criminal records check in the manner described in division (B) of	150
this section to determine whether any information exists that	151
indicates that the person who is the subject of the request	152
previously has been convicted of or pleaded guilty to any of the	153
following:	154

(a) A violation of section 2903.01, 2903.02, 2903.03,	155
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	156
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	157
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	158
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	159
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	160
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	161
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	162
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	163
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	164
Revised Code, felonious sexual penetration in violation of former	165
section 2907.12 of the Revised Code, a violation of section	166
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	167
violation of section 2919.23 of the Revised Code that would have	168
been a violation of section 2905.04 of the Revised Code as it	169
existed prior to July 1, 1996, had the violation been committed	170
prior to that date;	171

(b) An existing or former law of this state, any other state,	172
or the United States that is substantially equivalent to any of	173
the offenses listed in division (A)(5)(a) of this section.	174

(6) On receipt of a request pursuant to section 3701.881 of	175
the Revised Code with respect to an applicant for employment with	176
a home health agency in a position that involves providing direct	177
care to an older adult, a completed form prescribed pursuant to	178
division (C)(1) of this section, and a set of fingerprint	179
impressions obtained in the manner described in division (C)(2) of	180
this section, the superintendent of the bureau of criminal	181
identification and investigation shall conduct a criminal records	182
check. The superintendent shall conduct the criminal records check	183
in the manner described in division (B) of this section to	184
determine whether any information exists that indicates that the	185
person who is the subject of the request previously has been	186
convicted of or pleaded guilty to any of the following:	187

(b) An existing or former law of this state, any other state,	197
or the United States that is substantially equivalent to any of	198
the offenses listed in division (A)(6)(a) of this section.	199

(7) When conducting a criminal records check upon a request	200
pursuant to section 3319.39 of the Revised Code for an applicant	201
who is a teacher, in addition to the determination made under	202
division (A)(1) of this section, the superintendent shall	203
determine whether any information exists that indicates that the	204
person who is the subject of the request previously has been	205
convicted of or pleaded guilty to any offense specified in section	206
3319.31 of the Revised Code.	207

(8) On a request pursuant to section 2151.86 of the Revised	208
Code, a completed form prescribed pursuant to division (C)(1) of	209
this section, and a set of fingerprint impressions obtained in the	210
manner described in division (C)(2) of this section, the	211
superintendent of the bureau of criminal identification and	212
investigation shall conduct a criminal records check in the manner	213
described in division (B) of this section to determine whether any	214
information exists that indicates that the person who is the	215
subject of the request previously has been convicted of or pleaded	216
guilty to any of the following:	217

(9) When conducting a criminal records check on a request	238
pursuant to section 5104.013 of the Revised Code for a person who	239
is an owner, licensee, or administrator of a child day-care center	240
or type A family day-care home, an authorized provider of a	241
certified type B family day-care home, or an adult residing in a	242
type A or certified type B home, or when conducting a criminal	243
records check or a request pursuant to section 5104.012 of the	244
Revised Code for a person who is an applicant for employment in a	245
center, type A home, or certified type B home, the superintendent,	246
in addition to the determination made under division (A)(1) of	247
this section, shall determine whether any information exists that	248
indicates that the person has been convicted of or pleaded guilty	249
to any of the following:	250

(a) A violation of section 2913.02, 2913.03, 2913.04,	251
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	252
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	253
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	254
2921.13, or 2923.01 of the Revised Code, a violation of section	255
2923.02 or 2923.03 of the Revised Code that relates to a crime	256
specified in this division or division (A)(1)(a) of this section,	257
or a second violation of section 4511.19 of the Revised Code	258
within five years of the date of application for licensure or	259
certification.	260

(b) A violation of an existing or former law of this state,	261
any other state, or the United States that is substantially	262
equivalent to any of the offenses or violations described in	263
division (A)(9)(a) of this section.	264

(10) Upon receipt of a request pursuant to section 5153.111	265
of the Revised Code, a completed form prescribed pursuant to	266
division (C)(1) of this section, and a set of fingerprint	267
impressions obtained in the manner described in division (C)(2) of	268
this section, the superintendent of the bureau of criminal	269
identification and investigation shall conduct a criminal records	270
check in the manner described in division (B) of this section to	271
determine whether any information exists that indicates that the	272
person who is the subject of the request previously has been	273
convicted of or pleaded guilty to any of the following:	274

(11) On receipt of a request for a criminal records check	295
from an individual pursuant to section 4749.03 or 4749.06 of the	296
Revised Code, accompanied by a completed copy of the form	297
prescribed in division (C)(1) of this section and a set of	298
fingerprint impressions obtained in a manner described in division	299
(C)(2) of this section, the superintendent of the bureau of	300
criminal identification and investigation shall conduct a criminal	301
records check in the manner described in division (B) of this	302
section to determine whether any information exists indicating	303
that the person who is the subject of the request has been	304
convicted of or pleaded guilty to a felony in this state or in any	305
other state. If the individual indicates that a firearm will be	306
carried in the course of business, the superintendent shall	307
require information from the federal bureau of investigation as	308
described in division (B)(2) of this section. The superintendent	309
shall report the findings of the criminal records check and any	310
information the federal bureau of investigation provides to the	311
director of public safety.	312

(12) On receipt of a request pursuant to section 1322.03,	313
1322.031, or 4763.05 of the Revised Code, a completed form	314
prescribed pursuant to division (C)(1) of this section, and a set	315
of fingerprint impressions obtained in the manner described in	316
division (C)(2) of this section, the superintendent of the bureau	317
of criminal identification and investigation shall conduct a	318
criminal records check with respect to any person who has applied	319
for a license, permit, or certification from the department of	320
commerce or a division in the department. The superintendent shall	321
conduct the criminal records check in the manner described in	322
division (B) of this section to determine whether any information	323
exists that indicates that the person who is the subject of the	324
request previously has been convicted of or pleaded guilty to any	325
of the following: a violation of section 2913.02, 2913.11,	326
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	327
criminal offense involving theft, receiving stolen property,	328
embezzlement, forgery, fraud, passing bad checks, money	329
laundering, or drug trafficking, or any criminal offense involving	330
money or securities, as set forth in Chapters 2909., 2911., 2913.,	331
2915., 2921., 2923., and 2925. of the Revised Code; or any	332
existing or former law of this state, any other state, or the	333
United States that is substantially equivalent to those offenses.	334

(13) On receipt of a request for a criminal records check	335
from an individual under section 4701.08, 4709.071, 4715.101,	336
4717.061, 4725.121, 4725.501, 4729.071, 4732.091, 4734.202,	337
4741.10, 4755.70, 4757.101, 4759.061, 4761.051, or 4779.091 of the	338
Revised Code, accompanied by a completed form prescribed under	339
division (C)(1) of this section and a set of fingerprint	340
impressions obtained in the manner described in division (C)(2) of	341
this section, the superintendent of the bureau of criminal	342
identification and investigation shall conduct a criminal records	343
check in the manner described in division (B) of this section to	344
determine whether any information exists that indicates that the	345
person who is the subject of the request has been convicted of or	346
pleaded guilty to any criminal offense in this state or any other	347
state. The superintendent shall send the results to the licensing	348
board specified by the individual in the request.	349

(14) Not later than thirty days after the date the	350
superintendent receives the request, completed form, and	351
fingerprint impressions, the superintendent shall send the person,	352
board, or entity that made the request any information, other than	353
information the dissemination of which is prohibited by federal	354
law, the superintendent determines exists with respect to the	355
person who is the subject of the request that indicates that the	356
person previously has been convicted of or pleaded guilty to any	357
offense listed or described in division (A)(1), (2), (3), (4),	358
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	359
appropriate. The superintendent shall send the person, board, or	360
entity that made the request a copy of the list of offenses	361
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	362
(9), (10), (11), or (12) of this section, as appropriate. If the	363
request was made under section 3701.881 of the Revised Code with	364
regard to an applicant who may be both responsible for the care,	365
custody, or control of a child and involved in providing direct	366
care to an older adult, the superintendent shall provide a list of	367
the offenses specified in divisions (A)(4) and (6) of this	368
section.	369

(B) The superintendent shall conduct any criminal records	370
check requested under section 121.08, 173.27, 173.394, 1322.03,	371
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	372
3721.121, 3722.151, 4701.08, 4709.071, 4715.101, 4717.061,	373
4725.121, 4725.501, 4729.071, 4732.091, 4734.202, 4741.10,	374
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4761.051, 4763.05,	375
4779.091, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	376
5126.281, or 5153.111 of the Revised Code as follows:	377

(1) The superintendent shall review or cause to be reviewed	378
any relevant information gathered and compiled by the bureau under	379
division (A) of section 109.57 of the Revised Code that relates to	380
the person who is the subject of the request, including any	381
relevant information contained in records that have been sealed	382
under section 2953.32 of the Revised Code;	383