As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Am. Sub. H. B. No. 104

Representative Core 

Cosponsors: Representatives Setzer, Seitz, Hughes, Dodd, Flowers, Combs, Adams, White, Webster, McGregor, R., Bubp, Collier, McGregor, J., Stebelton, Blessing, Dyer, Batchelder, Bacon, Coley, Domenick, Hagan, J., Huffman, Latta, Mandel, Patton, Uecker, Wagoner 

Senators Seitz, Cates 

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A BILL

To amend sections 109.572, 2953.32, 4717.04,

1

4725.09, 4725.44, 4730.14, 4730.28, 4731.15,

2

4731.222, 4731.281, 4731.296, 4740.04, 4755.06,

3

4755.61, 4757.10, 4759.05, 4760.06, 4761.03,

4

4762.06, and 4779.08 and to enact sections

5

113.041, 4701.08, 4715.101, 4717.061, 4725.121,

6

4725.501, 4729.071, 4730.101, 4731.081,

7

4731.171, 4731.531, 4732.091, 4734.202, 4740.061,

8

4741.10, 4755.70, 4757.101, 4759.061, 4760.032,

9

4761.051, 4762.031, 4776.01, 4776.02, 4776.03,

10

4776.04, and 4779.091 of the Revised Code to

11

require initial license applicants and applicants

12

for restoration of licenses for specified

13

licensed professions to obtain a criminal

14

background check from the bureau of criminal

15

investigation and identification, to require the

16

appropriate licensing board to consider the

17

results of those checks in determining a person's

18

eligibility for licensure, and to permit the

19

Treasurer of State to request the Bureau of

20

Criminal Identification and Investigation to

21

conduct a criminal records check of any

22

individual seeking or holding employment with the

23

Treasurer of State's office.

24

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

Section 1. That sections 109.572, 2953.32, 4717.04, 4725.09,	25
4725.44, 4730.14, 4730.28, 4731.15, 4731.222, 4731.281, 4731.296,	26
4740.04, 4755.06, 4755.61, 4757.10, 4759.05, 4760.06, 4761.03,	27
4762.06, and 4779.08 be amended and sections 113.041, 4701.08,	28
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	29
4731.081, 4731.171, 4731.531, 4732.091, 4734.202, 4740.061,	30
4741.10, 4755.70, 4757.101, 4759.061, 4760.032, 4761.051,	31
4762.031, 4776.01, 4776.02, 4776.03, 4776.04, and 4779.091 of the	32
Revised Code be enacted to read as follows:	33

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	34
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013	35
of the Revised Code, a completed form prescribed pursuant to	36
division (C)(1) of this section, and a set of fingerprint	37
impressions obtained in the manner described in division (C)(2) of	38
this section, the superintendent of the bureau of criminal	39
identification and investigation shall conduct a criminal records	40
check in the manner described in division (B) of this section to	41
determine whether any information exists that indicates that the	42
person who is the subject of the request previously has been	43
convicted of or pleaded guilty to any of the following:	44

(a) A violation of section 2903.01, 2903.02, 2903.03,	45
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	46
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	47
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	48
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	49
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	50
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	51
2925.06, or 3716.11 of the Revised Code, felonious sexual	52
penetration in violation of former section 2907.12 of the Revised	53
Code, a violation of section 2905.04 of the Revised Code as it	54
existed prior to July 1, 1996, a violation of section 2919.23 of	55
the Revised Code that would have been a violation of section	56
2905.04 of the Revised Code as it existed prior to July 1, 1996,	57
had the violation been committed prior to that date, or a	58
violation of section 2925.11 of the Revised Code that is not a	59
minor drug possession offense;	60

(b) A violation of an existing or former law of this state,	61
any other state, or the United States that is substantially	62
equivalent to any of the offenses listed in division (A)(1)(a) of	63
this section.	64

(2) On receipt of a request pursuant to section 5123.081 of	65
the Revised Code with respect to an applicant for employment in	66
any position with the department of mental retardation and	67
developmental disabilities, pursuant to section 5126.28 of the	68
Revised Code with respect to an applicant for employment in any	69
position with a county board of mental retardation and	70
developmental disabilities, or pursuant to section 5126.281 of the	71
Revised Code with respect to an applicant for employment in a	72
direct services position with an entity contracting with a county	73
board for employment, a completed form prescribed pursuant to	74
division (C)(1) of this section, and a set of fingerprint	75
impressions obtained in the manner described in division (C)(2) of	76
this section, the superintendent of the bureau of criminal	77
identification and investigation shall conduct a criminal records	78
check. The superintendent shall conduct the criminal records check	79
in the manner described in division (B) of this section to	80
determine whether any information exists that indicates that the	81
person who is the subject of the request has been convicted of or	82
pleaded guilty to any of the following:	83

(a) A violation of section 2903.01, 2903.02, 2903.03,	84
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	85
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	86
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	87
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	88
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	89
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	90
2925.03, or 3716.11 of the Revised Code;	91

(b) An existing or former municipal ordinance or law of this	92
state, any other state, or the United States that is substantially	93
equivalent to any of the offenses listed in division (A)(2)(a) of	94
this section.	95

(3) On receipt of a request pursuant to section 173.27,	96
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	97
completed form prescribed pursuant to division (C)(1) of this	98
section, and a set of fingerprint impressions obtained in the	99
manner described in division (C)(2) of this section, the	100
superintendent of the bureau of criminal identification and	101
investigation shall conduct a criminal records check with respect	102
to any person who has applied for employment in a position for	103
which a criminal records check is required by those sections. The	104
superintendent shall conduct the criminal records check in the	105
manner described in division (B) of this section to determine	106
whether any information exists that indicates that the person who	107
is the subject of the request previously has been convicted of or	108
pleaded guilty to any of the following:	109

(a) A violation of section 2903.01, 2903.02, 2903.03,	110
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	111
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	112
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	113
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	114
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	115
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	116
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	117
2925.22, 2925.23, or 3716.11 of the Revised Code;	118

(b) An existing or former law of this state, any other state,	119
or the United States that is substantially equivalent to any of	120
the offenses listed in division (A)(3)(a) of this section.	121

(4) On receipt of a request pursuant to section 3701.881 of	122
the Revised Code with respect to an applicant for employment with	123
a home health agency as a person responsible for the care,	124
custody, or control of a child, a completed form prescribed	125
pursuant to division (C)(1) of this section, and a set of	126
fingerprint impressions obtained in the manner described in	127
division (C)(2) of this section, the superintendent of the bureau	128
of criminal identification and investigation shall conduct a	129
criminal records check. The superintendent shall conduct the	130
criminal records check in the manner described in division (B) of	131
this section to determine whether any information exists that	132
indicates that the person who is the subject of the request	133
previously has been convicted of or pleaded guilty to any of the	134
following:	135

(a) A violation of section 2903.01, 2903.02, 2903.03,	136
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	137
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	138
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	139
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	140
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	141
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	142
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	143
violation of section 2925.11 of the Revised Code that is not a	144
minor drug possession offense;	145

(b) An existing or former law of this state, any other state,	146
or the United States that is substantially equivalent to any of	147
the offenses listed in division (A)(4)(a) of this section.	148

(5) On receipt of a request pursuant to section 5111.032,	149
5111.033, or 5111.034 of the Revised Code, a completed form	150
prescribed pursuant to division (C)(1) of this section, and a set	151
of fingerprint impressions obtained in the manner described in	152
division (C)(2) of this section, the superintendent of the bureau	153
of criminal identification and investigation shall conduct a	154
criminal records check. The superintendent shall conduct the	155
criminal records check in the manner described in division (B) of	156
this section to determine whether any information exists that	157
indicates that the person who is the subject of the request	158
previously has been convicted of, has pleaded guilty to, or has	159
been found eligible for intervention in lieu of conviction for	160
any of the following:	161

(a) A violation of section 2903.01, 2903.02, 2903.03,	162
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	163
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	164
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	165
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	166
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	167
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	168
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	169
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	170
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	171
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	172
3716.11 of the Revised Code, felonious sexual penetration in	173
violation of former section 2907.12 of the Revised Code, a	174
violation of section 2905.04 of the Revised Code as it existed	175
prior to July 1, 1996, a violation of section 2919.23 of the	176
Revised Code that would have been a violation of section 2905.04	177
of the Revised Code as it existed prior to July 1, 1996, had the	178
violation been committed prior to that date;	179

(b) An existing or former law of this state, any other state,	180
or the United States that is substantially equivalent to any of	181
the offenses listed in division (A)(5)(a) of this section.	182

(6) On receipt of a request pursuant to section 3701.881 of	183
the Revised Code with respect to an applicant for employment with	184
a home health agency in a position that involves providing direct	185
care to an older adult, a completed form prescribed pursuant to	186
division (C)(1) of this section, and a set of fingerprint	187
impressions obtained in the manner described in division (C)(2) of	188
this section, the superintendent of the bureau of criminal	189
identification and investigation shall conduct a criminal records	190
check. The superintendent shall conduct the criminal records check	191
in the manner described in division (B) of this section to	192
determine whether any information exists that indicates that the	193
person who is the subject of the request previously has been	194
convicted of or pleaded guilty to any of the following:	195

(a) A violation of section 2903.01, 2903.02, 2903.03,	196
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	197
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	198
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	199
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	200
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	201
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	202
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	203
2925.22, 2925.23, or 3716.11 of the Revised Code;	204

(b) An existing or former law of this state, any other state,	205
or the United States that is substantially equivalent to any of	206
the offenses listed in division (A)(6)(a) of this section.	207

(7) When conducting a criminal records check upon a request	208
pursuant to section 3319.39 of the Revised Code for an applicant	209
who is a teacher, in addition to the determination made under	210
division (A)(1) of this section, the superintendent shall	211
determine whether any information exists that indicates that the	212
person who is the subject of the request previously has been	213
convicted of or pleaded guilty to any offense specified in section	214
3319.31 of the Revised Code.	215

(8) On receipt of a request pursuant to section 2151.86 of	216
the Revised Code, a completed form prescribed pursuant to	217
division (C)(1) of this section, and a set of fingerprint	218
impressions obtained in the manner described in division (C)(2)	219
of this section, the superintendent of the bureau of criminal	220
identification and investigation shall conduct a criminal records	221
check in the manner described in division (B) of this section to	222
determine whether any information exists that indicates that the	223
person who is the subject of the request previously has been	224
convicted of or pleaded guilty to any of the following:	225

(a) A violation of section 2903.01, 2903.02, 2903.03,	226
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	227
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	228
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	229
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	230
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	231
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	232
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	233
violation of section 2905.04 of the Revised Code as it existed	234
prior to July 1, 1996, a violation of section 2919.23 of the	235
Revised Code that would have been a violation of section 2905.04	236
of the Revised Code as it existed prior to July 1, 1996, had the	237
violation been committed prior to that date, a violation of	238
section 2925.11 of the Revised Code that is not a minor drug	239
possession offense, or felonious sexual penetration in violation	240
of former section 2907.12 of the Revised Code;	241

(b) A violation of an existing or former law of this state,	242
any other state, or the United States that is substantially	243
equivalent to any of the offenses listed in division (A)(8)(a) of	244
this section.	245

(9) When conducting a criminal records check on a request	246
pursuant to section 5104.013 of the Revised Code for a person who	247
is an owner, licensee, or administrator of a child day-care center	248
or type A family day-care home, an authorized provider of a	249
certified type B family day-care home, or an adult residing in a	250
type A or certified type B home, or when conducting a criminal	251
records check or a request pursuant to section 5104.012 of the	252
Revised Code for a person who is an applicant for employment in a	253
center, type A home, or certified type B home, the superintendent,	254
in addition to the determination made under division (A)(1) of	255
this section, shall determine whether any information exists that	256
indicates that the person has been convicted of or pleaded guilty	257
to any of the following:	258

(a) A violation of section 2913.02, 2913.03, 2913.04,	259
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	260
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	261
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	262
2921.13, or 2923.01 of the Revised Code, a violation of section	263
2923.02 or 2923.03 of the Revised Code that relates to a crime	264
specified in this division or division (A)(1)(a) of this section,	265
or a second violation of section 4511.19 of the Revised Code	266
within five years of the date of application for licensure or	267
certification.	268

(b) A violation of an existing or former law of this state,	269
any other state, or the United States that is substantially	270
equivalent to any of the offenses or violations described in	271
division (A)(9)(a) of this section.	272

(10) Upon receipt of a request pursuant to section 5153.111	273
of the Revised Code, a completed form prescribed pursuant to	274
division (C)(1) of this section, and a set of fingerprint	275
impressions obtained in the manner described in division (C)(2) of	276
this section, the superintendent of the bureau of criminal	277
identification and investigation shall conduct a criminal records	278
check in the manner described in division (B) of this section to	279
determine whether any information exists that indicates that the	280
person who is the subject of the request previously has been	281
convicted of or pleaded guilty to any of the following:	282

(a) A violation of section 2903.01, 2903.02, 2903.03,	283
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	284
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	285
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	286
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	287
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	288
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	289
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	290
felonious sexual penetration in violation of former section	291
2907.12 of the Revised Code, a violation of section 2905.04 of the	292
Revised Code as it existed prior to July 1, 1996, a violation of	293
section 2919.23 of the Revised Code that would have been a	294
violation of section 2905.04 of the Revised Code as it existed	295
prior to July 1, 1996, had the violation been committed prior to	296
that date, or a violation of section 2925.11 of the Revised Code	297
that is not a minor drug possession offense;	298

(b) A violation of an existing or former law of this state,	299
any other state, or the United States that is substantially	300
equivalent to any of the offenses listed in division (A)(10)(a) of	301
this section.	302

(11) On receipt of a request for a criminal records check	303
from an individual pursuant to section 4749.03 or 4749.06 of the	304
Revised Code, accompanied by a completed copy of the form	305
prescribed in division (C)(1) of this section and a set of	306
fingerprint impressions obtained in a manner described in division	307
(C)(2) of this section, the superintendent of the bureau of	308
criminal identification and investigation shall conduct a criminal	309
records check in the manner described in division (B) of this	310
section to determine whether any information exists indicating	311
that the person who is the subject of the request has been	312
convicted of or pleaded guilty to a felony in this state or in any	313
other state. If the individual indicates that a firearm will be	314
carried in the course of business, the superintendent shall	315
require information from the federal bureau of investigation as	316
described in division (B)(2) of this section. The superintendent	317
shall report the findings of the criminal records check and any	318
information the federal bureau of investigation provides to the	319
director of public safety.	320

(12) On receipt of a request pursuant to section 1322.03,	321
1322.031, or 4763.05 of the Revised Code, a completed form	322
prescribed pursuant to division (C)(1) of this section, and a set	323
of fingerprint impressions obtained in the manner described in	324
division (C)(2) of this section, the superintendent of the bureau	325
of criminal identification and investigation shall conduct a	326
criminal records check with respect to any person who has applied	327
for a license, permit, or certification from the department of	328
commerce or a division in the department. The superintendent shall	329
conduct the criminal records check in the manner described in	330
division (B) of this section to determine whether any information	331
exists that indicates that the person who is the subject of the	332
request previously has been convicted of or pleaded guilty to any	333
of the following: a violation of section 2913.02, 2913.11,	334
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	335
criminal offense involving theft, receiving stolen property,	336
embezzlement, forgery, fraud, passing bad checks, money	337
laundering, or drug trafficking, or any criminal offense involving	338
money or securities, as set forth in Chapters 2909., 2911., 2913.,	339
2915., 2921., 2923., and 2925. of the Revised Code; or any	340
existing or former law of this state, any other state, or the	341
United States that is substantially equivalent to those offenses.	342

(13) On receipt of a request for a criminal records check	343
from the treasurer of state under section 113.041 of the Revised	344
Code or from an individual under section 4701.08, 4715.101,	345
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	346
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	347
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	348
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	349
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	350
by a completed form prescribed under division (C)(1) of this	351
section and a set of fingerprint impressions obtained in the	352
manner described in division (C)(2) of this section, the	353
superintendent of the bureau of criminal identification and	354
investigation shall conduct a criminal records check in the	355
manner described in division (B) of this section to determine	356
whether any information exists that indicates that the person who	357
is the subject of the request has been convicted of or pleaded	358
guilty to any criminal offense in this state or any other state.	359
The superintendent shall send the results of a check requested	360
under section 113.041 of the Revised Code to the treasurer of	361
state and shall send the results of a check requested under any of	362
the other listed sections to the licensing board specified by the	363
individual in the request.	364

(14) Not later than thirty days after the date the	365
superintendent receives thea request of a type described in	366
division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),	367
(11), or (12) of this section, the completed form, and the	368
fingerprint impressions, the superintendent shall send the person,	369
board, or entity that made the request any information, other than	370
information the dissemination of which is prohibited by federal	371
law, the superintendent determines exists with respect to the	372
person who is the subject of the request that indicates that the	373
person previously has been convicted of or pleaded guilty to any	374
offense listed or described in division (A)(1), (2), (3), (4),	375
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	376
appropriate. The superintendent shall send the person, board, or	377
entity that made the request a copy of the list of offenses	378
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	379
(9), (10), (11), or (12) of this section, as appropriate. If the	380
request was made under section 3701.881 of the Revised Code with	381
regard to an applicant who may be both responsible for the care,	382
custody, or control of a child and involved in providing direct	383
care to an older adult, the superintendent shall provide a list of	384
the offenses specified in divisions (A)(4) and (6) of this	385
section.	386

Not later than thirty days after the superintendent receives	387
a request for a criminal records check pursuant to section 113.041	388
of the Revised Code, the completed form, and the fingerprint	389
impressions, the superintendent shall send the treasurer of state	390
any information, other than information the dissemination of which	391
is prohibited by federal law, the superintendent determines exist	392
with respect to the person who is the subject of the request that	393
indicates that the person previously has been convicted of or	394
pleaded guilty to any criminal offense in this state or any other	395
state.	396

(B) The superintendent shall conduct any criminal records	397
check requested under section 113.041, 121.08, 173.27, 173.394,	398
1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	399
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	400
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	401
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	402
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	403
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	404
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	405
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	406
5126.281, or 5153.111 of the Revised Code as follows:	407

(1) The superintendent shall review or cause to be reviewed	408
any relevant information gathered and compiled by the bureau under	409
division (A) of section 109.57 of the Revised Code that relates to	410
the person who is the subject of the request, including any	411
relevant information contained in records that have been sealed	412
under section 2953.32 of the Revised Code;	413

(2) If the request received by the superintendent asks for	414
information from the federal bureau of investigation, the	415
superintendent shall request from the federal bureau of	416
investigation any information it has with respect to the person	417
who is the subject of the request and shall review or cause to be	418
reviewed any information the superintendent receives from that	419
bureau.	420

(3) The superintendent or the superintendent's designee may	421
request criminal history records from other states or the federal	422
government pursuant to the national crime prevention and privacy	423
compact set forth in section 109.571 of the Revised Code.	424

(C)(1) The superintendent shall prescribe a form to obtain	425
the information necessary to conduct a criminal records check from	426
any person for whom a criminal records check is requested under	427
section 113.041 of the Revised Code or required by section	428
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	429
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	430
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	431
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	432
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	433
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	434
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	435
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	436
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	437
that the superintendent prescribes pursuant to this division may	438
be in a tangible format, in an electronic format, or in both	439
tangible and electronic formats.	440

(2) The superintendent shall prescribe standard impression	441
sheets to obtain the fingerprint impressions of any person for	442
whom a criminal records check is requested under section 113.041	443
of the Revised Code or required by section 121.08, 173.27,	444
173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39,	445
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101,	446
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	447
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	448
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	449
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	450
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	451
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	452
5126.281, or 5153.111 of the Revised Code. Any person for whom a	453
records check is requested under or required by any of those	454
sections shall obtain the fingerprint impressions at a county	455
sheriff's office, municipal police department, or any other	456
entity with the ability to make fingerprint impressions on the	457
standard impression sheets prescribed by the superintendent. The	458
office, department, or entity may charge the person a reasonable	459
fee for making the impressions. The standard impression sheets the	460
superintendent prescribes pursuant to this division may be in a	461
tangible format, in an electronic format, or in both tangible and	462
electronic formats.	463

(3) Subject to division (D) of this section, the	464
superintendent shall prescribe and charge a reasonable fee for	465
providing a criminal records check requested under section	466
113.041, 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	467
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	468
3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	469
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	470
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	471
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70,	472
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	473
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,	474
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	475
the Revised Code. The person making a criminal records request	476
under section 113.041, 121.08, 173.27, 173.394, 1322.03,	477
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	478
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	479
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	480
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	481
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	482
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	483
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	484
5104.013, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	485
5153.111 of the Revised Code shall pay the fee prescribed	486
pursuant to this division. A person making a request under	487
section 3701.881 of the Revised Code for a criminal records	488
check for an applicant who may be both responsible for the care,	489
custody, or control of a child and involved in providing direct	490
care to an older adult shall pay one fee for the request. In the	491
case of a request under section 5111.032 of the Revised Code,	492
the fee shall be paid in the manner specified in that section.	493

(4) The superintendent of the bureau of criminal	494
identification and investigation may prescribe methods of	495
forwarding fingerprint impressions and information necessary to	496
conduct a criminal records check, which methods shall include, but	497
not be limited to, an electronic method.	498

(D) A determination whether any information exists that	499
indicates that a person previously has been convicted of or	500
pleaded guilty to any offense listed or described in division	501
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	502
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	503
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this	504
section, or that indicates that a person previously has been	505
convicted of or pleaded guilty to any criminal offense in this	506
state or any other state regarding a criminal records check of a	507
type described in division (A)(13) of this section, and that is	508
made by the superintendent with respect to information	509
considered in a criminal records check in accordance with this	510
section is valid for the person who is the subject of the	511
criminal records check for a period of one year from the date	512
upon which the superintendent makes the determination. During the	513
period in which the determination in regard to a person is valid,	514
if another request under this section is made for a criminal	515
records check for that person, the superintendent shall provide	516
the information that is the basis for the superintendent's	517
initial determination at a lower fee than the fee prescribed for	518
the initial criminal records check.	519

(E) As used in this section:

520

(1) "Criminal records check" means any criminal records check	521
conducted by the superintendent of the bureau of criminal	522
identification and investigation in accordance with division (B)	523
of this section.	524

(2) "Minor drug possession offense" has the same meaning as	525
in section 2925.01 of the Revised Code.	526

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

527

Sec. 113.041.  (A) The treasurer of state may require an	528
individual who applies for employment with, or is employed by, the	529
treasurer of state's office to undergo a criminal records check	530
conducted by the superintendent of the bureau of criminal	531
identification and investigation in accordance with section	532
109.572 of the Revised Code. If, pursuant to this division, the	533
treasurer of state requires an individual to undergo a criminal	534
records check, the treasurer of state shall request the	535
superintendent to conduct a criminal records check with respect to	536
the individual in accordance with that section. In the request,	537
the treasurer of state may request that the superintendent obtain	538
information from the federal bureau of investigation about the	539
individual who is the subject of the check. The treasurer of state	540
also may request that the superintendent as part of the criminal	541
records check request criminal history records of the individual	542
from other states or the federal government pursuant to the	543
national crime prevention and privacy compact set forth in section	544
109.571 of the Revised Code.	545

(B) The treasurer of state shall provide to each individual	546
required pursuant to division (A) of this section to undergo a	547
criminal records check a copy of the form prescribed pursuant to	548
division (C)(1) of section 109.572 of the Revised Code and a	549
standard impression sheet to obtain fingerprint impressions	550
prescribed pursuant to division (C)(2) of section 109.572 of the	551
Revised Code, obtain the completed form and impression sheet from	552
the individual, and forward the completed form and impression	553
sheet to the superintendent of the bureau of criminal	554
identification and investigation at the time the criminal records	555
check is requested. Any individual subject to a criminal records	556
check pursuant to this section who receives pursuant to this	557
division a copy of the form prescribed pursuant to division (C)(1)	558
of section 109.572 of the Revised Code and a copy of an impression	559
sheet prescribed pursuant to division (C)(2) of that section and	560
who is requested to complete the form and provide a set of	561
fingerprint impressions shall complete the form or provide all the	562
information necessary to complete the form and shall provide the	563
impression sheet with the impressions of the individual's	564
fingerprints.	565

(C)(1) The treasurer of state may deny employment to or	566
terminate the employment of an individual who is the subject of a	567
criminal records check conducted pursuant to a request made under	568
division (A) of this section if either of the following applies:	569

(a) The individual fails to do any of the following:

570

(i) Complete the form prescribed pursuant to division (C)(1)	571
of section 109.572 of the Revised Code;	572

(ii) Provide a set of the individual's fingerprint	573
impressions on the standard impression sheet prescribed pursuant	574
to division (C)(2) of section 109.572 of the Revised Code.	575

(b) The individual has been convicted of or pleaded guilty to	576
any offense involving or relating to fraud, deceit, or theft.	577

(2) In determining whether to take any employment action, up	578
to and including termination, with respect to an individual who is	579
a current employee for the reason listed in division (C)(1)(b) of	580
this section, the treasurer of state shall afford the current	581
employee a due process review. In a review under this division,	582
the treasurer of state shall consider all of the following	583
factors:	584

(a) The current employee's age at the time of the offense;

585

(b) The nature and seriousness of the offense;

586

(c) The circumstances under which the offense was committed;

587

(d) The degree to which the current employee participated in	588
the offense;	589

(e) The time elapsed since the current employee was fully	590
discharged from imprisonment or probation for the offense, if the	591
person was sentenced to imprisonment or placed on probation for	592
it, or since the current employee was fully discharged from any	593
other sanction or penalty imposed for the offense;	594

(f) The likelihood that the circumstances leading to the	595
offense will recur;	596

(g) Whether the current employee is a repeat offender;

597

(h) The current employee's employment record with the	598
treasurer of state;	599

(i) The current employee's efforts at rehabilitation and the	600
results of those efforts;	601

(j) Whether at the time of the review, any criminal	602
proceedings are pending against the current employee;	603

(k) Whether the current employee has been convicted of or	604
pleaded guilty to any felony or misdemeanor offense set forth in	605
the Revised Code that is not listed in division (C)(1)(b) of this	606
section and that bears a direct and substantial relationship to	607
the duties and responsibilities of the position the current	608
employee holds in the office of the treasurer of state;	609

(l) Any other extenuating circumstances relating to the	610
current employee or the offense.	611

(3) If the treasurer of state conducts a review under	612
division (C)(2) of this section, the treasurer of state shall	613
prepare a written report of the review and shall provide a copy of	614
the written report to the current employee who is the subject of	615
the review.	616

(D) The treasurer of state shall pay to the bureau of	617
criminal identification and investigation the fee prescribed	618
pursuant to division (C)(3) of section 109.572 of the Revised Code	619
for each criminal records check conducted in accordance with that	620
section upon a request pursuant to division (A) of this section.	621
The treasurer of state may charge the individual subject to the	622
criminal records check a fee for the costs the treasurer of state	623
incurs in obtaining the criminal records check. A fee charged	624
under this division shall not exceed the amount of fees the	625
treasurer of state pays for the criminal records check. If a fee	626
is charged under this division, the treasurer of state shall	627
notify the individual who is the subject of the criminal records	628
check of the fee and that the individual is required to pay the	629
fee.	630

(E) The report of any criminal records check conducted by the	631
bureau of criminal identification and investigation in accordance	632
with section 109.572 of the Revised Code and pursuant to a request	633
made under division (A) of this section is not a public record for	634
the purposes of section 149.43 of the Revised Code and shall not	635
be made available to any person other than the individual who is	636
the subject of the criminal records check or the individual's	637
representative; the treasurer of state or the treasurer of state's	638
representative; and any court, hearing officer, or other necessary	639
individual involved in a case dealing with the denial or	640
termination of employment.	641

(F) Nothing in this section precludes, or shall be construed	642
as precluding, any of the following:	643

(1) Any public official other than the treasurer of state	644
from conducting or having conducted a criminal records check of	645
any individual, in any manner authorized under law;	646

(2) The treasurer of state from conducting or having	647
conducted a criminal records check other than in accordance with	648
this section, in any manner otherwise authorized under law.	649

(G) As used in this section:

650

(1) "Criminal records check" has the same meaning as in	651
section 109.572 of the Revised Code.	652

(2) "Public official" has the same meaning as in section	653
2921.01 of the Revised Code.	654

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	655
of the Revised Code, a first offender may apply to the sentencing	656
court if convicted in this state, or to a court of common pleas if	657
convicted in another state or in a federal court, for the sealing	658
of the conviction record. Application may be made at the	659
expiration of three years after the offender's final discharge if	660
convicted of a felony, or at the expiration of one year after the	661
offender's final discharge if convicted of a misdemeanor.	662

(2) Any person who has been arrested for any misdemeanor	663
offense and who has effected a bail forfeiture may apply to the	664
court in which the misdemeanor criminal case was pending when bail	665
was forfeited for the sealing of the record of the case. Except as	666
provided in section 2953.61 of the Revised Code, the application	667
may be filed at any time after the expiration of one year from the	668
date on which the bail forfeiture was entered upon the minutes of	669
the court or the journal, whichever entry occurs first.	670

(B) Upon the filing of an application under this section, the	671
court shall set a date for a hearing and shall notify the	672
prosecutor for the case of the hearing on the application. The	673
prosecutor may object to the granting of the application by filing	674
an objection with the court prior to the date set for the hearing.	675
The prosecutor shall specify in the objection the reasons for	676
believing a denial of the application is justified. The court	677
shall direct its regular probation officer, a state probation	678
officer, or the department of probation of the county in which the	679
applicant resides to make inquiries and written reports as the	680
court requires concerning the applicant.	681

(C)(1) The court shall do each of the following:

682

(a) Determine whether the applicant is a first offender or	683
whether the forfeiture of bail was agreed to by the applicant and	684
the prosecutor in the case. If the applicant applies as a first	685
offender pursuant to division (A)(1) of this section and has two	686
or three convictions that result from the same indictment,	687
information, or complaint, from the same plea of guilty, or from	688
the same official proceeding, and result from related criminal	689
acts that were committed within a three-month period but do not	690
result from the same act or from offenses committed at the same	691
time, in making its determination under this division, the court	692
initially shall determine whether it is not in the public interest	693
for the two or three convictions to be counted as one conviction.	694
If the court determines that it is not in the public interest for	695
the two or three convictions to be counted as one conviction, the	696
court shall determine that the applicant is not a first offender;	697
if the court does not make that determination, the court shall	698
determine that the offender is a first offender.	699

(b) Determine whether criminal proceedings are pending	700
against the applicant;	701

(c) If the applicant is a first offender who applies pursuant	702
to division (A)(1) of this section, determine whether the	703
applicant has been rehabilitated to the satisfaction of the court;	704

(d) If the prosecutor has filed an objection in accordance	705
with division (B) of this section, consider the reasons against	706
granting the application specified by the prosecutor in the	707
objection;	708

(e) Weigh the interests of the applicant in having the	709
records pertaining to the applicant's conviction sealed against	710
the legitimate needs, if any, of the government to maintain those	711
records.	712

(2) If the court determines, after complying with division	713
(C)(1) of this section, that the applicant is a first offender or	714
the subject of a bail forfeiture, that no criminal proceeding is	715
pending against the applicant, and that the interests of the	716
applicant in having the records pertaining to the applicant's	717
conviction or bail forfeiture sealed are not outweighed by any	718
legitimate governmental needs to maintain those records, and that	719
the rehabilitation of an applicant who is a first offender	720
applying pursuant to division (A)(1) of this section has been	721
attained to the satisfaction of the court, the court, except as	722
provided in division (G) of this section, shall order all official	723
records pertaining to the case sealed and, except as provided in	724
division (F) of this section, all index references to the case	725
deleted and, in the case of bail forfeitures, shall dismiss the	726
charges in the case. The proceedings in the case shall be	727
considered not to have occurred and the conviction or bail	728
forfeiture of the person who is the subject of the proceedings	729
shall be sealed, except that upon conviction of a subsequent	730
offense, the sealed record of prior conviction or bail forfeiture	731
may be considered by the court in determining the sentence or	732
other appropriate disposition, including the relief provided for	733
in sections 2953.31 to 2953.33 of the Revised Code.	734

(3) Upon the filing of an application under this section, the	735
applicant, unless indigent, shall pay a fee of fifty dollars. The	736
court shall pay thirty dollars of the fee into the state treasury.	737
It shall pay twenty dollars of the fee into the county general	738
revenue fund if the sealed conviction or bail forfeiture was	739
pursuant to a state statute, or into the general revenue fund of	740
the municipal corporation involved if the sealed conviction or	741
bail forfeiture was pursuant to a municipal ordinance.	742

(D) Inspection of the sealed records included in the order	743
may be made only by the following persons or for the following	744
purposes:	745

(1) By a law enforcement officer or prosecutor, or the	746
assistants of either, to determine whether the nature and	747
character of the offense with which a person is to be charged	748
would be affected by virtue of the person's previously having been	749
convicted of a crime;	750

(2) By the parole or probation officer of the person who is	751
the subject of the records, for the exclusive use of the officer	752
in supervising the person while on parole or under a community	753
control sanction or a post-release control sanction, and in making	754
inquiries and written reports as requested by the court or adult	755
parole authority;	756

(3) Upon application by the person who is the subject of the	757
records, by the persons named in the application;	758

(4) By a law enforcement officer who was involved in the	759
case, for use in the officer's defense of a civil action arising	760
out of the officer's involvement in that case;	761

(5) By a prosecuting attorney or the prosecuting attorney's	762
assistants, to determine a defendant's eligibility to enter a	763
pre-trial diversion program established pursuant to section	764
2935.36 of the Revised Code;	765

(6) By any law enforcement agency or any authorized employee	766
of a law enforcement agency or by the department of rehabilitation	767
and correction as part of a background investigation of a person	768
who applies for employment with the agency as a law enforcement	769
officer or with the department as a corrections officer;	770

(7) By any law enforcement agency or any authorized employee	771
of a law enforcement agency, for the purposes set forth in, and in	772
the manner provided in, section 2953.321 of the Revised Code;	773

(8) By the bureau of criminal identification and	774
investigation or any authorized employee of the bureau for the	775
purpose of providing information to a board or person pursuant to	776
division (F) or (G) of section 109.57 of the Revised Code;	777

(9) By the bureau of criminal identification and	778
investigation or any authorized employee of the bureau for the	779
purpose of performing a criminal history records check on a person	780
to whom a certificate as prescribed in section 109.77 of the	781
Revised Code is to be awarded;	782

(10) By the bureau of criminal identification and	783
investigation or any authorized employee of the bureau for the	784
purpose of conducting a criminal records check of an individual	785
pursuant to division (B) of section 109.572 of the Revised Code;	786

(11) By the bureau of criminal identification and	787
investigation, an authorized employee of the bureau, a sheriff, or	788
an authorized employee of a sheriff in connection with a criminal	789
records check described in section 311.41 of the Revised Code;	790

(11)(12) By the attorney general or an authorized employee of	791
the attorney general or a court for purposes of determining a	792
person's classification pursuant to Chapter 2950. of the Revised	793
Code.	794

When the nature and character of the offense with which a	795
person is to be charged would be affected by the information, it	796
may be used for the purpose of charging the person with an	797
offense.	798

(E) In any criminal proceeding, proof of any otherwise	799
admissible prior conviction may be introduced and proved,	800
notwithstanding the fact that for any such prior conviction an	801
order of sealing previously was issued pursuant to sections	802
2953.31 to 2953.36 of the Revised Code.	803

(F) The person or governmental agency, office, or department	804
that maintains sealed records pertaining to convictions or bail	805
forfeitures that have been sealed pursuant to this section may	806
maintain a manual or computerized index to the sealed records. The	807
index shall contain only the name of, and alphanumeric identifiers	808
that relate to, the persons who are the subject of the sealed	809
records, the word "sealed," and the name of the person, agency,	810
office, or department that has custody of the sealed records, and	811
shall not contain the name of the crime committed. The index shall	812
be made available by the person who has custody of the sealed	813
records only for the purposes set forth in divisions (C), (D), and	814
(E) of this section.	815

(G) Notwithstanding any provision of this section or section	816
2953.33 of the Revised Code that requires otherwise, a board of	817
education of a city, local, exempted village, or joint vocational	818
school district that maintains records of an individual who has	819
been permanently excluded under sections 3301.121 and 3313.662 of	820
the Revised Code is permitted to maintain records regarding a	821
conviction that was used as the basis for the individual's	822
permanent exclusion, regardless of a court order to seal the	823
record. An order issued under this section to seal the record of a	824
conviction does not revoke the adjudication order of the	825
superintendent of public instruction to permanently exclude the	826
individual who is the subject of the sealing order. An order	827
issued under this section to seal the record of a conviction of an	828
individual may be presented to a district superintendent as	829
evidence to support the contention that the superintendent should	830
recommend that the permanent exclusion of the individual who is	831
the subject of the sealing order be revoked. Except as otherwise	832
authorized by this division and sections 3301.121 and 3313.662 of	833
the Revised Code, any school employee in possession of or having	834
access to the sealed conviction records of an individual that were	835
the basis of a permanent exclusion of the individual is subject to	836
section 2953.35 of the Revised Code.	837

Sec. 4701.08.  (A) As used in this section, "license" and	838
"applicant for an initial license" have the same meanings as in	839
section 4776.01 of the Revised Code, except that "license" as used	840
in both of those terms refers to the types of authorizations	841
otherwise issued or conferred under this chapter.	842

(B) In addition to any other eligibility requirement set	843
forth in this chapter, each applicant for an initial license shall	844
comply with sections 4776.01 to 4776.04 of the Revised Code. The	845
accountancy board shall not grant a license to an applicant for an	846
initial license unless the applicant complies with sections	847
4776.01 to 4776.04 of the Revised Code and the board, in its	848
discretion, decides that the results of the criminal records check	849
do not make the applicant ineligible for a license issued pursuant	850
to section 4701.06, 4701.061, 4701.07, 4701.09, or 4701.10 of the	851
Revised Code.	852

Sec. 4715.101.  (A) As used in this section:

853

(1) "License" has the same meaning as in division (A)(2) of	854
section 4776.01 of the Revised Code.	855

(2) "Applicant for an initial license" has the same meaning	856
as in division (D) of section 4776.01 of the Revised Code.	857

(B) In addition to any other eligibility requirement set	858
forth in this chapter, each applicant for an initial license	859
issued pursuant to section 4715.12, 4715.16, 4715.21, or 4715.27	860
of the Revised Code shall comply with sections 4776.01 to 4776.04	861
of the Revised Code. The state dental board shall not grant a	862
license to an applicant for an initial license issued pursuant to	863
section 4715.12, 4715.16, 4715.21, or 4715.27 of the Revised Code	864
unless the applicant complies with sections 4776.01 to 4776.04 of	865
the Revised Code and the board, in its discretion, decides that	866
the results of the criminal records check do not make the	867
applicant ineligible for a license issued pursuant to section	868
4715.12, 4715.16, 4715.21, or 4715.27 of the Revised Code.	869

Sec. 4717.04.  (A) The board of embalmers and funeral	870
directors shall adopt rules in accordance with Chapter 119. of the	871
Revised Code for the government, transaction of the business, and	872
the management of the affairs of the board of embalmers and	873
funeral directors and the crematory review board, and for the	874
administration and enforcement of this chapter. These rules shall	875
include all of the following:	876

(1) The nature, scope, content, and form of the application	877
that must be completed and license examination that must be passed	878
in order to receive an embalmer's license or a funeral director's	879
license under section 4717.05 of the Revised Code. The rules shall	880
ensure both of the following:	881

(a) That the embalmer's license examination tests the	882
applicant's knowledge through at least a comprehensive section and	883
an Ohio laws section;	884

(b) That the funeral director's license examination tests the	885
applicant's knowledge through at least a comprehensive section, an	886
Ohio laws section, and a sanitation section.	887

(2) The minimum license examination score necessary to be	888
licensed under section 4717.05 of the Revised Code as an embalmer	889
or as a funeral director;	890

(3) Procedures for determining the dates of the embalmer's	891
and funeral director's license examinations, which shall be	892
administered at least once each year, the time and place of each	893
examination, and the supervision required for each examination;	894

(4) Procedures for determining whether the board shall accept	895
an applicant's compliance with the licensure, registration, or	896
certification requirements of another state as grounds for	897
granting the applicant a license under this chapter;	898

(5) A determination of whether completion of a nationally	899
recognized embalmer's or funeral director's examination	900
sufficiently meets the license requirements for the comprehensive	901
section of either the embalmer's or the funeral director's license	902
examination administered under this chapter;	903

(6) Continuing education requirements for licensed embalmers	904
and funeral directors;	905

(7) Requirements for the licensing and operation of funeral	906
homes;	907

(8) Requirements for the licensing and operation of embalming	908
facilities;	909

(9) A schedule that lists, and specifies a forfeiture	910
commensurate with, each of the following types of conduct which,	911
for the purposes of division (A)(9) of this section and section	912
4717.15 of the Revised Code, are violations of this chapter:	913

(a) Obtaining a license under this chapter by fraud or	914
misrepresentation either in the application or in passing the	915
required examination for the license;	916

(b) Purposely violating any provision of sections 4717.01 to	917
4717.15 of the Revised Code or a rule adopted under any of those	918
sections; division (A) or (B) of section 4717.23; division (B)(1)	919
or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions	920
(H) to (K) of section 4717.26; division (D)(1) of section 4717.27;	921
or divisions (A) to (C) of section 4717.28 of the Revised Code;	922

(c) Committing unprofessional conduct;

923

(d) Knowingly permitting an unlicensed person, other than a	924
person serving an apprenticeship, to engage in the profession or	925
business of embalming or funeral directing under the licensee's	926
supervision;	927

(e) Refusing to promptly submit the custody of a dead human	928
body upon the express order of the person legally entitled to the	929
body;	930

(f) Transferring a license to operate a funeral home,	931
embalming facility, or crematory facility from one owner or	932
operator to another, or from one location to another, without	933
notifying the board;	934

(g) Misleading the public using false or deceptive	935
advertising.	936

Each instance of the commission of any of the types of	937
conduct described in divisions (A)(9)(a), (b), (c), (d), (e), (f),	938
and (g) of this section is a separate violation. The rules adopted	939
under division (A)(9) of this section shall establish the amount	940
of the forfeiture for a violation of each of those divisions. The	941
forfeiture for a first violation shall not exceed five thousand	942
dollars, and the forfeiture for a second or subsequent violation	943
shall not exceed ten thousand dollars. The amount of the	944
forfeiture may differ among the types of violations according to	945
what the board considers the seriousness of each violation.	946

(10) Requirements for the licensing and operation of	947
crematory facilities;	948

(11) Procedures for the issuance of duplicate licenses;

949

(12) Requirements for criminal records checks of applicants	950
under section 4776.03 of the Revised Code.	951

(B) The board may adopt rules governing the educational	952
standards for licensure as an embalmer or funeral director and the	953
standards of service and practice to be followed in embalming and	954
funeral directing and in the operation of funeral homes, embalming	955
facilities, and crematory facilities in this state.	956

(C) Nothing in this chapter authorizes the board of embalmers	957
and funeral directors to regulate cemeteries, except that the	958
board shall license and regulate crematories located at cemeteries	959
in accordance with this chapter.	960

Sec. 4717.061.  (A) As used in this section, "license" and	961
"applicant for an initial license" have the same meanings as in	962
section 4776.01 of the Revised Code, except that "license" as used	963
in both of those terms refers to the types of authorizations	964
otherwise issued or conferred under this chapter.	965

(B) In addition to any other eligibility requirement set	966
forth in this chapter, each applicant for an initial license shall	967
comply with sections 4776.01 to 4776.04 of the Revised Code. The	968
board of embalmers and funeral directors shall not grant a license	969
to an applicant for an initial license unless the applicant	970
complies with sections 4776.01 to 4776.04 of the Revised Code and	971
the board, in its discretion, decides that the results of the	972
criminal records check do not make the applicant ineligible for a	973
license issued pursuant to section 4717.05, 4717.06, or 4717.10 of	974
the Revised Code.	975

Sec. 4725.09.  (A) The state board of optometry shall adopt	976
rules as it considers necessary to govern the practice of	977
optometry and to administer and enforce sections 4725.01 to	978
4725.34 of the Revised Code. All rules adopted under those	979
sections 4725.01 to 4725.34 of the Revised Code shall be adopted	980
in accordance with Chapter 119. of the Revised Code.	981

(B) The board, in consultation with the state board of	982
pharmacy, shall adopt rules specifying oral dosages of drugs or	983
dangerous drugs that are therapeutic pharmaceutical agents under	984
division (C)(3) of section 4725.01 of the Revised Code.	985

(C) The board shall adopt rules that establish standards to	986
be met and procedures to be followed with respect to the	987
delegation by an optometrist of the performance of an optometric	988
task to a person who is not licensed or otherwise specifically	989
authorized by the Revised Code to perform the task. The rules	990
shall permit an optometrist who holds a topical ocular	991
pharmaceutical agents certificate or therapeutic pharmaceutical	992
agents certificate to delegate the administration of drugs	993
included in the optometrist's scope of practice.	994

The rules adopted under this division shall provide for all	995
of the following:	996

(1) On-site supervision when the delegation occurs in an	997
institution or other facility that is used primarily for the	998
purpose of providing health care, unless the board established a	999
specific exception to the on-site supervision requirement with	1000
respect to routine administration of a topical drug;	1001

(2) Evaluation of whether delegation is appropriate according	1002
to the acuity of the patient involved;	1003

(3) Training and competency requirements that must be met by	1004
the person administering the drugs;	1005

(4) Other standards and procedures the board considers	1006
relevant.	1007

(D) The state board of optometry shall adopt rules	1008
establishing criminal records checks requirements for applicants	1009
under section 4776.03 of the Revised Code.	1010

Sec. 4725.121.  (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
state board of optometry shall not grant a license to an applicant	1019
for an initial license unless the applicant complies with sections	1020
4776.01 to 4776.04 of the Revised Code and the board, in its	1021
discretion, decides that the results of the criminal records check	1022
do not make the applicant ineligible for a license issued pursuant	1023
to section 4725.13 or 4725.18 of the Revised Code.	1024

Sec. 4725.44.  (A) The Ohio optical dispensers board shall be	1025
responsible for the administration of sections 4725.40 to 4725.59	1026
of the Revised Code and, in particular, shall process applications	1027
for licensure as licensed dispensing opticians and ocularists;	1028
schedule, administer, and supervise the qualifying examinations	1029
for licensure or contract with a testing service to schedule,	1030
administer, and supervise the qualifying examination for	1031
licensure; issue licenses to qualified individuals; revoke and	1032
suspend licenses; and maintain adequate records with respect to	1033
its operations and responsibilities.	1034

(B) The board shall adopt, amend, or rescind rules, pursuant	1035
to Chapter 119. of the Revised Code, for the licensure of	1036
dispensing opticians and ocularists, and such other rules as are	1037
required by or necessary to carry out the responsibilities imposed	1038
by sections 4725.40 to 4725.59 of the Revised Code, including	1039
rules establishing criminal records check requirements under	1040
section 4776.03 of the Revised Code.	1041

(C) The board shall have no authority to adopt rules	1042
governing the employment of dispensing opticians, the location or	1043
number of optical stores, advertising of optical products or	1044
services, or the manner in which suchoptical products can be	1045
displayed.	1046

Sec. 4725.501.  (A) As used in this section, "license" and	1047
"applicant for an initial license" have the same meanings as in	1048
section 4776.01 of the Revised Code, except that "license" as used	1049
in both of those terms refers to the types of authorizations	1050
otherwise issued or conferred under this chapter.	1051

(B) In addition to any other eligibility requirement set	1052
forth in this chapter, each applicant for an initial license shall	1053
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1054
Ohio optical dispensers board shall not grant a license to an	1055
applicant for an initial license unless the applicant complies	1056
with sections 4776.01 to 4776.04 of the Revised Code and the	1057
board, in its discretion, decides that the results of the criminal	1058
records check do not make the applicant ineligible for a license	1059
issued pursuant to section 4725.50 or 4725.57 of the Revised Code.	1060

Sec. 4729.071.  (A) As used in this section, "license" and	1061
"applicant for an initial license" have the same meanings as in	1062
section 4776.01 of the Revised Code, except that "license" as used	1063
in both of those terms refers to the types of authorizations	1064
otherwise issued or conferred under this chapter.	1065

(B) In addition to any other eligibility requirement set	1066
forth in this chapter, each applicant for an initial license shall	1067
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1068
state board of pharmacy shall not grant a license to an applicant	1069
for an initial license unless the applicant complies with sections	1070
4776.01 to 4776.04 of the Revised Code and the board, in its	1071
discretion, decides that the results of the criminal records check	1072
do not make the applicant ineligible for a license issued pursuant	1073
to section 4729.08, 4729.09, or 4729.11 of the Revised Code.	1074

Sec. 4730.101. In addition to any other eligibility	1075
requirement set forth in this chapter, each applicant for a	1076
certificate to practice as a physician assistant shall comply with	1077
sections 4776.01 to 4776.04 of the Revised Code. The state medical	1078
board shall not grant to an applicant a certificate to practice as	1079
a physician assistant unless the board, in its discretion, decides	1080
that the results of the criminal records check do not make the	1081
applicant ineligible for a certificate issued pursuant to section	1082
4730.12 of the Revised Code.	1083

Sec. 4730.14.  (A) A certificate to practice as a physician	1084
assistant shall expire biennially and may be renewed in accordance	1085
with this section. A person seeking to renew a certificate to	1086
practice as a physician assistant shall, on or before the	1087
thirty-first day of January of each even-numbered year, apply for	1088
renewal of the certificate. The state medical board shall send	1089
renewal notices at least one month prior to the expiration date.	1090

Applications shall be submitted to the board on forms the	1091
board shall prescribe and furnish. Each application shall be	1092
accompanied by a biennial renewal fee of one hundred dollars. The	1093
board shall deposit the fees in accordance with section 4731.24 of	1094
the Revised Code.	1095

The applicant shall report any criminal offense that	1096
constitutes grounds for refusing to issue a certificate to	1097
practice under section 4730.25 of the Revised Code to which the	1098
applicant has pleaded guilty, of which the applicant has been	1099
found guilty, or for which the applicant has been found eligible	1100
for intervention in lieu of conviction, since last signing an	1101
application for a certificate to practice as a physician	1102
assistant.	1103

(B) To be eligible for renewal, a physician assistant shall	1104
certify to the board both of the following:	1105

(1) That the physician assistant has maintained certification	1106
by the national commission on certification of physician	1107
assistants or a successor organization that is recognized by the	1108
board by meeting the standards to hold current certification from	1109
the commission or its successor, including completion of	1110
continuing medical education requirements and passing periodic	1111
recertification examinations;	1112

(2) Except as provided in division (F) of this section and	1113
section 5903.12 of the Revised Code, that the physician assistant	1114
has completed during the current certification period not less	1115
than one hundred hours of continuing medical education acceptable	1116
to the board.	1117

(C) The board shall adopt rules in accordance with Chapter	1118
119. of the Revised Code specifying the types of continuing	1119
medical education that must be completed to fulfill the board's	1120
requirements under division (B)(2) of this section. Except when	1121
additional continuing medical education is required to renew a	1122
certificate to prescribe, as specified in section 4730.49 of the	1123
Revised Code, the board shall not adopt rules that require a	1124
physician assistant to complete in any certification period more	1125
than one hundred hours of continuing medical education acceptable	1126
to the board. In fulfilling the board's requirements, a physician	1127
assistant may use continuing medical education courses or programs	1128
completed to maintain certification by the national commission on	1129
certification of physician assistants or a successor organization	1130
that is recognized by the board if the standards for acceptable	1131
courses and programs of the commission or its successor are at	1132
least equivalent to the standards established by the board.	1133

(D) If an applicant submits a complete renewal application	1134
and qualifies for renewal pursuant to division (B) of this	1135
section, the board shall issue to the applicant a renewed	1136
certificate to practice as a physician assistant.	1137

(E) The board may require a random sample of physician	1138
assistants to submit materials documenting certification by the	1139
national commission on certification of physician assistants or a	1140
successor organization that is recognized by the board and	1141
completion of the required number of hours of continuing medical	1142
education.	1143

(F) The board shall provide for pro rata reductions by month	1144
of the number of hours of continuing education that must be	1145
completed for individuals who are in their first certification	1146
period, who have been disabled due to illness or accident, or who	1147
have been absent from the country. The board shall adopt rules, in	1148
accordance with Chapter 119. of the Revised Code, as necessary to	1149
implement this division.	1150

(G)(1) A certificate to practice that is not renewed on or	1151
before its expiration date is automatically suspended on its	1152
expiration date. Continued practice after suspension of the	1153
certificate shall be considered as practicing in violation of	1154
division (A) of section 4730.02 of the Revised Code.	1155

(2) If a certificate has been suspended pursuant to division	1156
(G)(1) of this section for two years or less, it may be	1157
reinstated. The board shall reinstate a certificate suspended for	1158
failure to renew upon an applicant's submission of a renewal	1159
application, the biennial renewal fee, and any applicable monetary	1160
penalty, and certification by signature of the applicant that the	1161
applicant has completed the number of hours of continuing	1162
education necessary to have a certificate reinstated, as specified	1163
in rules the board shall adopt in accordance with Chapter 119. of	1164
the Revised Code.	1165

If a certificate has been suspended pursuant to division	1166
(G)(1) of this division for more than two years, it may be	1167
restored. In accordance with section 4730.28 of the Revised Code,	1168
the board may restore a certificate suspended for failure to renew	1169
upon an applicant's submission of a restoration application, the	1170
biennial renewal fee, and any applicable monetary penalty and	1171
compliance with sections 4776.01 to 4776.04 of the Revised Code.	1172
The board shall not restore to an applicant a certificate to	1173
practice as a physician assistant unless the board, in its	1174
discretion, decides that the results of the criminal records check	1175
do not make the applicant ineligible for a certificate issued	1176
pursuant to section 4730.12 of the Revised Code.	1177

The penalty for reinstatement shall be fifty dollars and the	1178
penalty for restoration shall be one hundred dollars. The board	1179
shall deposit penalties in accordance with section 4731.24 of the	1180
Revised Code.	1181

(H) If an individual certifies that the individual has	1182
completed the number of hours and type of continuing medical	1183
education required for renewal or reinstatement of a certificate	1184
to practice as a physician assistant, and the board finds through	1185
a random sample conducted under division (E) of this section or	1186
through any other means that the individual did not complete the	1187
requisite continuing medical education, the board may impose a	1188
civil penalty of not more than five thousand dollars. The board's	1189
finding shall be made pursuant to an adjudication under Chapter	1190
119. of the Revised Code and by an affirmative vote of not fewer	1191
than six members.	1192

A civil penalty imposed under this division may be in	1193
addition to or in lieu of any other action the board may take	1194
under section 4730.25 of the Revised Code. The board shall deposit	1195
civil penalties in accordance with section 4731.24 of the Revised	1196
Code.	1197

Sec. 4730.28. (A) An individual whose certificate to practice	1198
as a physician assistant has been suspended or is in an inactive	1199
state for any cause for more than two years may apply to the state	1200
medical board to have the certificate restored.	1201

(B)(1) Before restoringThe board shall not restore a	1202
certificate under this section, theunless the applicant complies	1203
with sections 4776.01 to 4776.04 of the Revised Code. The board	1204
shall determine the applicant's present fitness to resume	1205
practice. The board shall consider the moral background and the	1206
activities of the applicant during the period of suspension or	1207
inactivity.	1208

(2) When restoring a certificate, the board may impose terms	1209
and conditions, including the following:	1210

(a) Requiring the applicant to obtain additional training and	1211
pass an examination upon completion of the training;	1212

(b) Restricting or limiting the extent, scope, or type of	1213
practice as a physician assistant that the individual may resume.	1214

Sec. 4731.081. In addition to any other eligibility	1215
requirement set forth in this chapter, each applicant for a	1216
certificate to practice medicine and surgery or osteopathic	1217
medicine and surgery shall comply with sections 4776.01 to 4776.04	1218
of the Revised Code. The state medical board shall not grant to an	1219
applicant a certificate to practice medicine and surgery or	1220
osteopathic medicine and surgery unless the board, in its	1221
discretion, decides that the results of the criminal records check	1222
do not make the applicant ineligible for a certificate issued	1223
pursuant to section 4731.14 of the Revised Code.	1224

Sec. 4731.15.  (A)(1) The state medical board also shall	1225
regulate the following limited branches of medicine: massage	1226
therapy and cosmetic therapy, and to the extent specified in	1227
section 4731.151 of the Revised Code, naprapathy and	1228
mechanotherapy. The board shall adopt rules governing the limited	1229
branches of medicine under its jurisdiction. The rules shall be	1230
adopted in accordance with Chapter 119. of the Revised Code.	1231

(2) As used in this chapter, "cosmetic therapy" means the	1232
permanent removal of hair from the human body through the use of	1233
electric modalities approved by the board for use in cosmetic	1234
therapy, and additionally may include the systematic friction,	1235
stroking, slapping, and kneading or tapping of the face, neck,	1236
scalp, or shoulders.	1237

(B) All persons who hold a certificate to practice a limited	1238
branch of medicine issued by the state medical board, whether	1239
residents of this state or not, shall on or before the first day	1240
of June of each odd-numbered year, register with the state medical	1241
board on a form prescribed by the board and shall pay at such time	1242
a biennial registration fee of fifty dollars. At least one month	1243
in advance of the date of registration, a written notice that the	1244
biennial registration fee is due on or before the first day of	1245
June shall be sent to each holder of a certificate to practice a	1246
limited branch of medicine, at the person's last known address.	1247
All persons who hold a certificate to practice a limited branch of	1248
medicine issued by the state medical board shall provide the board	1249
written notice of any change of address.	1250

A certificate to practice a limited branch of medicine shall	1251
be automatically suspended if the fee is not paid by the first day	1252
of September of the year it is due. Continued practice after the	1253
suspension of the certificate to practice shall be considered as	1254
practicing in violation of sections 4731.34 and 4731.41 of the	1255
Revised Code. Subject to section 4731.222 of the Revised Code, if	1256
a certificate to practice has been suspended pursuant to this	1257
division for two years or less, the board shall reinstate a	1258
certificate to practice suspended for failure to register onupon	1259
an applicant's submission of a renewal application and payment of	1260
the biennial registration fee and the applicable monetary penalty.	1261
With regard to reinstatement of a certificate to practice cosmetic	1262
therapy, the applicant also shall submit with the application a	1263
certification that the number of hours of continuing education	1264
necessary to have a suspended certificate reinstated have been	1265
completed, as specified in rules the board shall adopt in	1266
accordance with Chapter 119. of the Revised Code. The penalty for	1267
reinstatement shall be twenty-five dollars if the. If a	1268
certificate has been suspended for two years or less and fifty	1269
dollars if the certificate has been suspendedpursuant to this	1270
division for more than two years, it may be restored upon an	1271
applicant's submission of a restoration application, the biennial	1272
registration fee, and the applicable monetary penalty and	1273
compliance with sections 4776.01 to 4776.04 of the Revised Code.	1274
The board shall not restore to an applicant a certificate to	1275
practice unless the board, in its discretion, decides that the	1276
results of the criminal records check do not make the applicant	1277
ineligible for a certificate issued pursuant to section 4731.18 of	1278
the Revised Code. The penalty for restoration is fifty dollars.	1279

Sec. 4731.171. In addition to any other eligibility	1280
requirement set forth in this chapter, each applicant for a	1281
certificate to practice massage therapy or cosmetic therapy shall	1282
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1283
state medical board shall not grant to an applicant a certificate	1284
to practice massage therapy or cosmetic therapy unless the board,	1285
in its discretion, decides that the results of the criminal	1286
records check do not make the applicant ineligible for a	1287
certificate issued pursuant to section 4731.18 of the Revised	1288
Code.	1289

Sec. 4731.222.  Before restoring to good standing a	1290
certificate issued under this chapter that has been in a suspended	1291
or inactive state for any cause for more than two years, or before	1292
issuing a certificate pursuant to section 4731.18, 4731.29,	1293
4731.295, 4731.57, or 4731.571 of the Revised Code to an applicant	1294
who for more than two years has not been engaged in the practice	1295
of medicine, osteopathic medicine, podiatric medicine and surgery,	1296
or a limited branch of medicine as an active practitioner, as a	1297
participant in a program of graduate medical education, as defined	1298
in section 4731.091 of the Revised Code, as a student in a college	1299
of podiatry determined by the board to be in good standing, or as	1300
a student in a school, college, or institution giving instruction	1301
in a limited branch of medicine determined by the board to be in	1302
good standing under section 4731.19 of the Revised Code, the state	1303
medical board may require the applicant to pass an oral or written	1304
examination, or both, to determine the applicant's present fitness	1305
to resume practice.	1306

The authority of the board to impose terms and conditions	1307
includes the following:	1308

(A) Requiring the applicant to obtain additional training and	1309
to pass an examination upon completion of such training;	1310

(B) Restricting or limiting the extent, scope, or type of	1311
practice of the applicant.	1312

The board shall consider the moral background and the	1313
activities of the applicant during the period of suspension or	1314
inactivity, in accordance with section 4731.08 of the Revised	1315
Code. The board shall not restore a certificate under this section	1316
unless the applicant complies with sections 4776.01 to 4776.04 of	1317
the Revised Code.	1318

Sec. 4731.281.  (A) On or before the deadline established	1319
under division (B) of this section for applying for renewal of a	1320
certificate of registration, each person holding a certificate	1321
under this chapter to practice medicine and surgery, osteopathic	1322
medicine and surgery, or podiatric medicine and surgery shall	1323
certify to the state medical board that in the preceding two years	1324
the person has completed one hundred hours of continuing medical	1325
education. The certification shall be made upon the application	1326
for biennial registration submitted pursuant to division (B) of	1327
this section. The board shall adopt rules providing for pro rata	1328
reductions by month of the number of hours of continuing education	1329
required for persons who are in their first registration period,	1330
who have a registration period of less than two years due to	1331
initial implementation of the staggered renewal schedule	1332
established under division (B) of this section, who have been	1333
disabled due to illness or accident, or who have been absent from	1334
the country.	1335

In determining whether a course, program, or activity	1336
qualifies for credit as continuing medical education, the board	1337
shall approve all continuing medical education taken by persons	1338
holding a certificate to practice medicine and surgery that is	1339
certified by the Ohio state medical association, all continuing	1340
medical education taken by persons holding a certificate to	1341
practice osteopathic medicine and surgery that is certified by the	1342
Ohio osteopathic association, and all continuing medical education	1343
taken by persons holding a certificate to practice podiatry that	1344
is certified by the Ohio podiatric medical association. Each	1345
person holding a certificate to practice under this chapter shall	1346
be given sufficient choice of continuing education programs to	1347
ensure that the person has had a reasonable opportunity to	1348
participate in continuing education programs that are relevant to	1349
the person's medical practice in terms of subject matter and	1350
level.	1351

The board may require a random sample of persons holding a	1352
certificate to practice under this chapter to submit materials	1353
documenting completion of the continuing medical education	1354
requirement during the preceding registration period, but this	1355
provision shall not limit the board's authority to investigate	1356
pursuant to section 4731.22 of the Revised Code.	1357

(B)(1) Every person holding a certificate under this chapter	1358
to practice medicine and surgery, osteopathic medicine and	1359
surgery, or podiatric medicine and surgery wishing to renew that	1360
certificate shall apply to the board for a certificate of	1361
registration upon an application furnished by the board, and pay	1362
to the board at the time of application a fee of three hundred	1363
five dollars, according to the following schedule:	1364

(a) Persons whose last name begins with the letters "A"	1365
through "B," on or before April 1, 2001, and the first day of	1366
April of every odd-numbered year thereafter;	1367

(b) Persons whose last name begins with the letters "C"	1368
through "D," on or before January 1, 2001, and the first day of	1369
January of every odd-numbered year thereafter;	1370

(c) Persons whose last name begins with the letters "E"	1371
through "G," on or before October 1, 2000, and the first day of	1372
October of every even-numbered year thereafter;	1373

(d) Persons whose last name begins with the letters "H"	1374
through "K," on or before July 1, 2000, and the first day of July	1375
of every even-numbered year thereafter;	1376

(e) Persons whose last name begins with the letters "L"	1377
through "M," on or before April 1, 2000, and the first day of	1378
April of every even-numbered year thereafter;	1379

(f) Persons whose last name begins with the letters "N"	1380
through "R," on or before January 1, 2000, and the first day of	1381
January of every even-numbered year thereafter;	1382

(g) Persons whose last name begins with the lettersletter	1383
"S," on or before October 1, 1999, and the first day of October of	1384
every odd-numbered year thereafter;	1385

(h) Persons whose last name begins with the letters "T"	1386
through "Z," on or before July 1, 1999, and the first day of July	1387
of every odd-numbered year thereafter.	1388

The board shall deposit the fee in accordance with section	1389
4731.24 of the Revised Code, except that the board shall deposit	1390
twenty dollars of the fee into the state treasury to the credit of	1391
the physician loan repayment fund created by section 3702.78 of	1392
the Revised Code.	1393

(2) The board shall mail or cause to be mailed to every	1394
person registered to practice medicine and surgery, osteopathic	1395
medicine and surgery, or podiatric medicine and surgery, an	1396
application for registration addressed to the person's last known	1397
post-office address or may cause the application to be sent to the	1398
person through the secretary of any recognized medical,	1399
osteopathic, or podiatric society, according to the following	1400
schedule:	1401

(a) To persons whose last name begins with the letters "A"	1402
through "B," on or before January 1, 2001, and the first day of	1403
January of every odd-numbered year thereafter;	1404

(b) To persons whose last name begins with the letters "C"	1405
through "D," on or before October 1, 2000, and the first day of	1406
October of every even-numbered year thereafter;	1407

(c) To persons whose last name begins with the letters "E"	1408
through "G," on or before July 1, 2000, and the first day of July	1409
of every even-numbered year thereafter;	1410

(d) To persons whose last name begins with the letters "H"	1411
through "K," on or before April 1, 2000, and the first day of	1412
April of every even-numbered year thereafter;	1413

(e) To persons whose last name begins with the letters "L"	1414
through "M," on or before January 1, 2000, and the first day of	1415
January of every even-numbered year thereafter;	1416

(f) To persons whose last name begins with the letters "N"	1417
through "R," on or before October 1, 1999, and the first day of	1418
October of every odd-numbered year thereafter;	1419

(g) To persons whose last name begins with the lettersletter	1420
"S," on or before July 1, 1999, and the first day of July of every	1421
odd-numbered year thereafter;	1422

(h) To persons whose last name begins with the letters "T"	1423
through "Z," on or before April 1, 1999, and the first day of	1424
April of every odd-numbered year thereafter;.	1425

Failure of any person to receive an application from the	1426
board shall not excuse the person from the requirements contained	1427
in this section. The application shall contain proper spaces for	1428
the applicant's signature and the insertion of the required	1429
information, including a statement that the person has fulfilled	1430
the continuing education requirements imposed by this section.	1431

The applicant shall write or cause to be written upon the	1432
application so furnished the applicant's full name, principal	1433
practice address and residence address, the number of the	1434
applicant's certificate to practice, and any other facts for the	1435
identification of the applicant as a person holding a certificate	1436
to practice under this chapter as the board considers necessary.	1437
The applicant shall include with the application a list of the	1438
names and addresses of any clinical nurse specialists, certified	1439
nurse-midwives, or certified nurse practitioners with whom the	1440
applicant is currently collaborating, as defined in section	1441
4723.01 of the Revised Code. The applicant shall execute and	1442
deliver the application to the board by mail or in person. Every	1443
person registered under this section shall give written notice to	1444
the board of any change of principal practice address or residence	1445
address or in the list within thirty days of the change.	1446

The applicant shall report any criminal offense that	1447
constitutes grounds for refusal of registration under section	1448
4731.22 of the Revised Code to which the applicant has pleaded	1449
guilty, of which the applicant has been found guilty, or for which	1450
the applicant has been found eligible for intervention in lieu of	1451
conviction, since last signing an application for a certificate of	1452
registration.	1453

(C) The board shall issue to any person holding a certificate	1454
under this chapter to practice medicine and surgery, osteopathic	1455
medicine and surgery, or podiatric medicine and surgery, upon	1456
application and qualification therefor in accordance with this	1457
section, a certificate of registration under the seal of the	1458
board. A certificate of registration shall be valid for a two-year	1459
period, commencing on the first day of the third month after the	1460
registration fee is due and expiring on the last day of the month	1461
two years thereafter.	1462

The board shall publish and cause to be mailed to each person	1463
registered under this section, upon request, a printed list of the	1464
persons so registered.	1465

(D) Failure of any certificate holder to register and comply	1466
with this section shall operate automatically to suspend the	1467
holder's certificate to practice. Continued practice after the	1468
suspension of the certificate to practice shall be considered as	1469
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	1470
the Revised Code. If the certificate has been suspended pursuant	1471
to this division for two years or less, it may be reinstated. The	1472
board shall reinstate a certificate to practice for failure to	1473
register upon an applicant's submission of a renewal application,	1474
the biennial registration fee, and the applicable monetary	1475
penalty, and certification by signature of the applicant that the	1476
applicant has completed the requisite continuing medical	1477
education. The penalty for reinstatement shall be fifty dollars.	1478
If the certificate has been suspended pursuant to this division	1479
for more than two years, it may be restored. In accordance with	1480
section 4731.222 of the Revised Code, the board may restore a	1481
certificate to practice for failure to register upon an	1482
applicant's submission of a restoration application, the biennial	1483
registration fee, and the applicable monetary penalty and	1484
compliance with sections 4776.01 to 4776.04 of the Revised Code.	1485
The board shall not restore to an applicant a certificate to	1486
practice unless the board, in its discretion, decides that the	1487
results of the criminal records check do not make the applicant	1488
ineligible for a certificate issued pursuant to section 4731.14,	1489
4731.56, or 4731.57 of the Revised Code. The penalty for	1490
restoration shall be one hundred dollars. The board shall deposit	1491
the penalties in accordance with section 4731.24 of the Revised	1492
Code.	1493

(E) If an individual certifies completion of the number of	1494
hours and type of continuing medical education required to receive	1495
a certificate of registration or reinstatement of a certificate to	1496
practice, and the board finds through the random samples it	1497
conducts under this section or through any other means that the	1498
individual did not complete the requisite continuing medical	1499
education, the board may impose a civil penalty of not more than	1500
five thousand dollars. The board's finding shall be made pursuant	1501
to an adjudication under Chapter 119. of the Revised Code and by	1502
an affirmative vote of not fewer than six members.	1503

A civil penalty imposed under this division may be in	1504
addition to or in lieu of any other action the board may take	1505
under section 4731.22 of the Revised Code. The board shall deposit	1506
civil penalties in accordance with section 4731.24 of the Revised	1507
Code.	1508

(F) The state medical board may obtain information not	1509
protected by statutory or common law privilege from courts and	1510
other sources concerning malpractice claims against any person	1511
holding a certificate to practice under this chapter or practicing	1512
as provided in section 4731.36 of the Revised Code.	1513

(G) Each mailing sent by the board under division (B)(2) of	1514
this section to a person registered to practice medicine and	1515
surgery or osteopathic medicine and surgery shall inform the	1516
applicant of the reporting requirement established by division (H)	1517
of section 3701.79 of the Revised Code. At the discretion of the	1518
board, the information may be included on the application or on an	1519
accompanying page.	1520

Sec. 4731.296.  (A) For the purposes of this section, "the	1521
practice of telemedicine" means the practice of medicine in this	1522
state through the use of any communication, including oral,	1523
written, or electronic communication, by a physician located	1524
outside this state.	1525

(B) A person who wishes to practice telemedicine in this	1526
state shall file an application with the state medical board,	1527
together with a fee in the amount of the fee described in division	1528
(D) of section 4731.29 of the Revised Code,and shall comply with	1529
sections 4776.01 to 4776.04 of the Revised Code. If the board, in	1530
its discretion, decides that the results of the criminal records	1531
check do not make the person ineligible for a telemedicine	1532
certificate, the board may issue, without examination, a	1533
telemedicine certificate to a person who meets all of the	1534
following requirements:	1535

(1) The person holds a current, unrestricted license to	1536
practice medicine and surgery or osteopathic medicine and surgery	1537
issued by another state that requires license holders to complete	1538
at least fifty hours of continuing medical education every two	1539
years.	1540

(2) The person's principal place of practice is in that	1541
state.	1542

(3) The person does not hold a certificate issued under this	1543
chapter authorizing the practice of medicine and surgery or	1544
osteopathic medicine and surgery in this state.	1545

(4) The person meets the same age, moral character, and	1546
educational requirements individuals must meet under sections	1547
4731.08, 4731.09, 4731.091, and 4731.14 of the Revised Code and,	1548
if applicable, demonstrates proficiency in spoken English in	1549
accordance with division (E) of section 4731.29 of the Revised	1550
Code.	1551

(C) The holder of a telemedicine certificate may engage in	1552
the practice of telemedicine in this state. A person holding a	1553
telemedicine certificate shall not practice medicine in person in	1554
this state without obtaining a special activity certificate under	1555
section 4731.294 of the Revised Code.	1556

(D) The board may revoke a certificate issued under this	1557
section or take other disciplinary action against a certificate	1558
holder pursuant to section 4731.22 of the Revised Code on	1559
receiving proof satisfactory to the board that the certificate	1560
holder has engaged in practice in this state outside the scope of	1561
the certificate or that there are grounds for action against the	1562
holder under section 4731.22 of the Revised Code.	1563

(E) A telemedicine certificate shall be valid for a period	1564
specified by the board, and the initial renewal shall be in	1565
accordance with a schedule established by the board. Thereafter,	1566
the certificate shall be valid for two years. A certificate may be	1567
renewed on application of the holder.	1568

To be eligible for renewal, the holder of the certificate	1569
shall do both of the following:	1570

(1) Pay a fee in the amount of the fee described in division	1571
(B)(1) of section 4731.281 of the Revised Code;	1572

(2) Certify to the board compliance with the continuing	1573
medical education requirements of the state in which the holder's	1574
principal place of practice is located.	1575

The board may require a random sample of persons holding a	1576
telemedicine certificate to submit materials documenting	1577
completion of the continuing medical education requirements	1578
described in this division.	1579

(F) The board shall convert a telemedicine certificate to a	1580
certificate issued under section 4731.29 of the Revised Code on	1581
receipt of a written request from the certificate holder. Once the	1582
telemedicine certificate is converted, the holder is subject to	1583
all requirements and privileges attendant to a certificate issued	1584
under section 4731.29 of the Revised Code, including continuing	1585
medical education requirements.	1586

Sec. 4731.531. In addition to any other eligibility	1587
requirement set forth in this chapter, each applicant for a	1588
certificate to practice podiatric medicine and surgery shall	1589
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1590
state medical board shall not grant to an applicant a certificate	1591
to practice podiatric medicine and surgery unless the board, in	1592
its discretion, decides that the results of the criminal records	1593
check do not make the applicant ineligible for a certificate	1594
issued pursuant to section 4731.56 or 4731.57 of the Revised Code.	1595

Sec. 4732.091.  (A) As used in this section, "license" and	1596
"applicant for an initial license" have the same meanings as in	1597
section 4776.01 of the Revised Code, except that "license" as used	1598
in both of those terms refers to the types of authorizations	1599
otherwise issued or conferred under this chapter.	1600

(B) In addition to any other eligibility requirement set	1601
forth in this chapter, each applicant for an initial license shall	1602
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1603
state board of psychology shall not grant a license to an	1604
applicant for an initial license unless the applicant complies	1605
with sections 4776.01 to 4776.04 of the Revised Code and the	1606
board, in its discretion, decides that the results of the criminal	1607
records check do not make the applicant ineligible for a license	1608
issued pursuant to section 4732.14 of the Revised Code.	1609

Sec. 4734.202.  (A) As used in this section, "license" and	1610
"applicant for an initial license" have the same meanings as in	1611
section 4776.01 of the Revised Code, except that "license" as used	1612
in both of those terms refers to the types of authorizations	1613
otherwise issued or conferred under this chapter.	1614

(B) In addition to any other eligibility requirement set	1615
forth in this chapter, each applicant for an initial license shall	1616
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1617
state chiropractic board shall not grant a license to an applicant	1618
for an initial license unless the applicant complies with sections	1619
4776.01 to 4776.04 of the Revised Code and the board, in its	1620
discretion, decides that the results of the criminal records check	1621
do not make the applicant ineligible for a license issued pursuant	1622
to section 4734.20, 4734.23, or 4734.27 of the Revised Code.	1623

Sec. 4740.04.  The administrative section of the Ohio	1624
construction industry licensing board is responsible for the	1625
administration of this chapter and shall do all of the following:	1626

(A) Schedule the contractor examinations each of the other	1627
sections of the board directs. Each type of examination shall be	1628
held at least four times per year.	1629

(B) Select and contract with one or more persons to do all of	1630
the following relative to the examinations:	1631

(1) Prepare, administer, score, and maintain the	1632
confidentiality of the examinations;	1633

(2) Be responsible for all the expenses required to fulfill	1634
division (B)(1) of this section;	1635

(3) Charge an applicant a fee in an amount the	1636
administrative section of the board authorizes for administering	1637
the examination;	1638

(4) Design the examination for each type of contractor to	1639
determine an applicant's competence to perform that type of	1640
contracting.	1641

(C) Issue and renew licenses as follows:

1642

(1) Issue a license to any individual who the appropriate	1643
section of the board determines is qualified pursuant to section	1644
4740.06 of the Revised Code to hold a license and has attained a	1645
score on the examination that the appropriate section authorizes	1646
for the licensed trade.	1647

(a) Each license shall include a license number and an	1648
expiration date.	1649

(b) Each license issued to an individual who holds more than	1650
one valid license shall contain the same license number and	1651
expiration date as the original license issued to that individual.	1652

(2) Renew licenses for individuals who meet the renewal	1653
requirements of section 4740.06 of the Revised Code.	1654

(D) Make an annual written report to the director of commerce	1655
on proceedings had by or before the board for the previous year	1656
and make an annual statement of all money received and expended by	1657
the board during the year;	1658

(E) Keep a record containing the name, address, the date on	1659
which the board issues or renews a license to, and the license	1660
number of, every heating, ventilating, and air conditioning	1661
contractor, refrigeration contractor, electrical contractor,	1662
plumbing contractor, and hydronics contractor issued a license	1663
pursuant to this chapter;	1664

(F) Regulate a contractor's use and display of a license	1665
issued pursuant to this chapter and of any information contained	1666
in that license;	1667

(G) Adopt rules in accordance with Chapter 119. of the	1668
Revised Code as necessary to properly discharge the administrative	1669
section's duties under this chapter. The rules shall include, but	1670
not be limited to, the following:	1671

(1) Application procedures for examinations;

1672

(2) Specifications for continuing education requirements for	1673
license renewal that address all of the following:	1674

(a) A requirement that an individual who holds any number of	1675
valid and unexpired licenses accrue a total of ten hours of	1676
continuing education courses per year;	1677

(b) Fees the board charges to persons who provide continuing	1678
education courses, in an amount of twenty-five dollars annually	1679
for each person approved to provide courses, not more than ten	1680
dollars plus one dollar per credit hour for each course offered,	1681
and one dollar per credit hour of instruction per attendee;	1682

(c) A provision limiting approval of continuing education	1683
courses to one year.	1684

(3) Requirements for criminal records checks of applicants	1685
under section 4776.03 of the Revised Code.	1686

(H) Adopt any continuing education curriculum as the other	1687
sections of the board establish or approve pursuant to division	1688
(C) of section 4740.05 of the Revised Code;	1689

(I) Keep a record of its proceedings and do all things	1690
necessary to carry out this chapter.	1691

Sec. 4740.061.  (A) As used in this section, "license" and	1692
"applicant for an initial license" have the same meanings as in	1693
section 4776.01 of the Revised Code, except that "license" as used	1694
in both of those terms refers to the types of authorizations	1695
otherwise issued or conferred under this chapter.	1696

(B) In addition to any other eligibility requirement set	1697
forth in this chapter, each applicant for an initial license shall	1698
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1699
Ohio construction industry licensing board shall not grant a	1700
license to an applicant for an initial license unless the	1701
applicant complies with sections 4776.01 to 4776.04 of the Revised	1702
Code and the board, in its discretion, decides that the results of	1703
the criminal records check do not make the applicant ineligible	1704
for a license issued pursuant to section 4740.04 or 4740.08 of the	1705
Revised Code.	1706

Sec. 4741.10.  (A) As used in this section, "license" and	1707
"applicant for an initial license" have the same meanings as in	1708
section 4776.01 of the Revised Code, except that "license" as used	1709
in both of those terms refers to the types of authorizations	1710
otherwise issued or conferred under this chapter.	1711

(B) In addition to any other eligibility requirement set	1712
forth in this chapter, each applicant for an initial license shall	1713
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1714
state veterinary medical licensing board shall not grant a license	1715
to an applicant for an initial license unless the applicant	1716
complies with sections 4776.01 to 4776.04 of the Revised Code and	1717
the board, in its discretion, decides that the results of the	1718
criminal records check do not make the applicant ineligible for a	1719
license issued pursuant to section 4741.11, 4741.12, 4741.13, or	1720
4741.14 of the Revised Code.	1721

Sec. 4755.06.  The occupational therapy section of the Ohio	1722
occupational therapy, physical therapy, and athletic trainers	1723
board may make reasonable rules in accordance with Chapter 119. of	1724
the Revised Code relating to, but not limited to, the following:	1725

(A) The form and manner for filing applications for licensure	1726
under sections 4755.04 to 4755.13 of the Revised Code;	1727

(B) The issuance, suspension, and revocation of suchthe	1728
licenses, and the conducting of investigations and hearings;	1729

(C) Standards for approval of courses of study relative to	1730
the practice of occupational therapy;	1731

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

1732

(E) Standards of ethical conduct in the practice of	1733
occupational therapy;	1734

(F) The form and manner for filing applications for renewal	1735
and a schedule of deadlines for renewal;	1736

(G) Late fees and the conditions under which a license of a	1737
licensee who files a late application for renewal will be	1738
reinstated;	1739

(H) Placing an existing license in escrow;

1740

(I) The amount, scope, and nature of continuing education	1741
activities required for license renewal, including waivers and the	1742
establishment of appropriate fees to be charged for the	1743
administrative costs associated with the review of continuing	1744
education activities;	1745

(J) Limited permit guidelines;

1746

(K) Requirements for criminal records checks of applicants	1747
under section 4776.03 of the Revised Code.	1748

The section may hear testimony in matters relating to the	1749
duties imposed upon it, and the chairperson and secretary of the	1750
section may administer oaths. The section may require proof,	1751
beyond the evidence found in the application, of the honesty,	1752
truthfulness, and good reputation of any person named in an	1753
application for such licensure, before admitting the applicant to	1754
an examination or issuing a license.	1755

Sec. 4755.61.  (A) The athletic trainers section of the Ohio	1756
occupational therapy, physical therapy, and athletic trainers	1757
board shall:	1758

(1) Adopt rules, not inconsistent with this chapter, for the	1759
licensure of athletic trainers, including rules that specify the	1760
application form and educational course work and clinical	1761
experience requirements for licensure and rules that prescribe	1762
requirements for criminal records checks of applicants under	1763
section 4776.03 of the Revised Code;	1764

(2) Establish and deposit fees in accordance with division	1765
(B) of this section and section 4755.03 of the Revised Code;	1766

(3) Conduct hearings, keep records of its proceedings, and do	1767
all things necessary and proper to administer and enforce sections	1768
4755.60 to 4755.65 of the Revised Code;	1769

(4) Publish and make available, upon request and for a fee	1770
not to exceed the actual cost of printing and mailing, the	1771
requirements for the issuance of an athletic trainers license	1772
under this chapter and the rules adopted thereunderunder it;	1773

(5) Maintain a register of every person licensed to practice	1774
athletic training in this state, including the addresses of the	1775
licensee's last known place of business and residence, and the	1776
effective date and identification number of the person's license.	1777
The section shall make this list available to any person upon	1778
request and payment of a fee not to exceed the actual cost of	1779
printing and mailing.	1780

(6) Publish and make available, upon request and for a fee	1781
not to exceed the actual cost of printing and mailing, a list of	1782
persons who passed the examination required under section 4755.62	1783
of the Revised Code;	1784

(7) Investigate complaints concerning alleged violations of	1785
section 4755.62 of the Revised Code or other grounds for the	1786
suspension, revocation, or refusal to issue a license under	1787
section 3123.47 or 4755.64 of the Revised Code. In connection with	1788
its investigations, the athletic trainers section may subpoena	1789
witnesses, issue subpoenas, examine witnesses, administer oaths,	1790
and, under the direction of the executive director of the board,	1791
investigate complaints and make inspections and other inquiries as	1792
in the judgment of the section are appropriate to enforce sections	1793
3123.41 to 3123.50 and this chapter of the Revised Code. The	1794
section may review and audit the records of any licensee during	1795
normal business hours at the licensee's place of business or at	1796
any other place where the licensee's records are kept.	1797
Notwithstanding section 149.43 of the Revised Code, the athletic	1798
trainers section and its employees, except pursuant to a court	1799
order, shall maintain in confidence all information obtained.	1800

(8) Adopt rules governing the nature and scope of the	1801
examination required under section 4755.62 of the Revised Code and	1802
the reexamination required under section 4755.63 of the Revised	1803
Code and the minimum examination score for licensure or renewal	1804
thereof. The rules for the examination required under section	1805
4755.62 of the Revised Code shall ensure the testing of the	1806
applicant's knowledge of the basic and clinical sciences relating	1807
to athletic training theory and practice, including professional	1808
skills and judgment in the utilization of athletic training	1809
techniques and such other subjects as the athletic trainers	1810
section considers useful in determining competency to practice	1811
athletic training.	1812

(9) Conduct the examination required under section 4755.62 of	1813
the Revised Code at least twice a year at a time and place and	1814
under such supervision as the athletic trainers section	1815
determines;	1816

(10) Adopt rules to determine which states' standards for	1817
licensure are equal to or greater than this state's for the	1818
purpose of waiving requirements under division (D) of section	1819
4755.62 of the Revised Code;	1820

(11) Adopt rules to determine which examinations meet the	1821
requirements of division (E) of section 4755.62 of the Revised	1822
Code;	1823

(12) Adopt rules establishing the standards of ethical	1824
conduct for licensed athletic trainers under this chapter;	1825

(13) Adopt rules specifying the scope and nature of the	1826
continuing education courses that are acceptable to the athletic	1827
trainers section and the number of courses that must be completed	1828
to comply with the requirement for renewal of a license under	1829
section 4755.63 of the Revised Code.	1830

(14) Adopt rules establishing the schedule when licenses to	1831
practice as an athletic trainer expire during a biennium for	1832
purposes of section 4755.63 of the Revised Code.	1833

(B) The fees adopted by the athletic trainers section	1834
pursuant to division (A)(2) of this section shall be established	1835
and adjusted as required to provide sufficient revenues to meet	1836
the expenses of the section in administering sections 4755.60 to	1837
4755.66 of the Revised Code. The fees shall include the following:	1838

(1) A nonrefundable examination fee, not to exceed the amount	1839
necessary to cover the expense of administering the examination;	1840

(2) An initial license fee;

1841

(3) A biennial license renewal fee;

1842

(4) A late renewal penalty, not to exceed fifty per cent of	1843
the renewal fee.	1844

The athletic trainers section may, by rule, provide for the	1845
waiver of all or part of a license fee if the license is issued	1846
less than one hundred days before its expiration date.	1847

(C) All rules under sections 4755.60 to 4755.65 of the	1848
Revised Code shall be adopted by the athletic trainers section in	1849
accordance with Chapter 119. of the Revised Code.	1850

Sec. 4755.70.  (A) As used in this section, "license" and	1851
"applicant for an initial license" have the same meanings as in	1852
section 4776.01 of the Revised Code, except that "license" as used	1853
in both of those terms refers to the types of authorizations	1854
otherwise issued or conferred under this chapter.	1855

(B) In addition to any other eligibility requirement set	1856
forth in this chapter, each applicant for an initial license shall	1857
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1858
occupational therapy section, the physical therapy section, and	1859
the athletic trainers section of the Ohio occupational therapy,	1860
physical therapy, and athletic trainers board shall not grant a	1861
license to an applicant for an initial license unless the	1862
applicant complies with sections 4776.01 to 4776.04 of the Revised	1863
Code and the board, in its discretion, decides that the results of	1864
the criminal records check do not make the applicant ineligible	1865
for a license issued pursuant to section 4755.07, 4755.09,	1866
4755.44, 4755.441, 4755.45, 4755.451, or 4755.62 of the Revised	1867
Code.	1868

Sec. 4757.10.  The counselor, social worker, and marriage and	1869
family therapist board may adopt any rules necessary to carry out	1870
this chapter.	1871

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

1872

(A) Concern intervention for and treatment of any impaired	1873
person holding a license or certificate of registration issued	1874
under this chapter;	1875

(B) Establish standards for training and experience of	1876
supervisors described in division (C) of section 4757.30 of the	1877
Revised Code;	1878

(C) Define the requirement that an applicant be of good moral	1879
character in order to be licensed or registered under this	1880
chapter;	1881

(D) Establish requirements for criminal records checks of	1882
applicants under section 4776.03 of the Revised Code.	1883

All rules adopted under this section shall be adopted in	1884
accordance with Chapter 119. of the Revised Code. When it adopts	1885
rules under this section or any other section of this chapter, the	1886
board may consider standards established by any national	1887
association or other organization representing the interests of	1888
those involved in professional counseling, social work, or	1889
marriage and family therapy.	1890

Sec. 4757.101.  (A) As used in this section, "license" and	1891
"applicant for an initial license" have the same meanings as in	1892
section 4776.01 of the Revised Code, except that "license" as used	1893
in both of those terms refers to the types of authorizations	1894
otherwise issued or conferred under this chapter.	1895

(B) In addition to any other eligibility requirement set	1896
forth in this chapter, each applicant for an initial license shall	1897
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1898
counselor, social worker, and marriage and family therapist board	1899
shall not grant a license to an applicant for an initial license	1900
unless the applicant complies with sections 4776.01 to 4776.04 of	1901
the Revised Code and the board, in its discretion, decides that	1902
the results of the criminal records check do not make the	1903
applicant ineligible for a license issued pursuant to section	1904
4757.22, 4757.23, 4757.27, 4757.28, 4757.29, 4757.30, or 4757.301	1905
of the Revised Code.	1906

Sec. 4759.05.  The Ohio board of dietetics shall:

1907

(A) Adopt, amend, or rescind rules pursuant to Chapter 119.	1908
of the Revised Code to carry out the provisions of this chapter,	1909
including rules governing the following:	1910

(1) Selection and approval of a dietitian licensure	1911
examination offered by the commission on dietetic registration or	1912
any other examination;	1913

(2) The examination of applicants for licensure as a	1914
dietitian, to be held at least twice annually, as required under	1915
division (A) of section 4759.06 of the Revised Code;	1916

(3) Requirements for pre-professional dietetic experience of	1917
applicants for licensure as a dietitian that are at least	1918
equivalent to the requirements adopted by the commission on	1919
dietetic registration;	1920

(4) Requirements for a person holding a limited permit under	1921
division (F) of section 4759.06 of the Revised Code, including the	1922
duration of validity of a limited permit;	1923

(5) Requirements for a licensed dietitian who places a	1924
license in inactive status under division (G) of section 4759.06	1925
of the Revised Code, including a procedure for changing inactive	1926
status to active status;	1927

(6) Continuing education requirements for renewal of a	1928
license, except that the board may adopt rules to waive the	1929
requirements for a person who is unable to meet the requirements	1930
due to illness or other reasons. Rules adopted under this division	1931
shall be consistent with the continuing education requirements	1932
adopted by the commission on dietetic registration.	1933

(7) Any additional education requirements the board considers	1934
necessary, for applicants who have not practiced dietetics within	1935
five years of the initial date of application for licensure;	1936

(8) Standards of professional responsibility and practice for	1937
persons licensed under this chapter that are consistent with those	1938
standards of professional responsibility and practice adopted by	1939
the American dietetic association;	1940

(9) Formulation of a written application form for licensure	1941
or license renewal that includes the statement that any applicant	1942
who knowingly makes a false statement on the application is guilty	1943
of a misdemeanor of the first degree under section 2921.13 of the	1944
Revised Code;	1945

(10) Procedures for license renewal;

1946

(11) Establishing a time period after the notification of a	1947
violation of section 4759.02 of the Revised Code, by which the	1948
person notified must request a hearing by the board under section	1949
4759.09 of the Revised Code;	1950

(12) Requirements for criminal records checks of applicants	1951
under section 4776.03 of the Revised Code.	1952

(B) Investigate alleged violations of sectionsections	1953
4759.02 to 4759.10 of the Revised Code. In making its	1954
investigations, the board may issue subpoenas, examine witnesses,	1955
and administer oaths.	1956

(C) Adopt a seal;

1957

(D) Conduct meetings and keep records as are necessary to	1958
carry out the provisions of this chapter;	1959

(E) Publish, and make available to the public, upon request	1960
and for a fee not to exceed the actual cost of printing and	1961
mailing, the board's rules and requirements for licensure adopted	1962
under division (A) of this section and a record of all persons	1963
licensed under section 4759.06 of the Revised Code.	1964

Sec. 4759.061.  (A) As used in this section, "license" and	1965
"applicant for an initial license" have the same meanings as in	1966
section 4776.01 of the Revised Code, except that "license" as used	1967
in both of those terms refers to the types of authorizations	1968
otherwise issued or conferred under this chapter.	1969

(B) In addition to any other eligibility requirement set	1970
forth in this chapter, each applicant for an initial license shall	1971
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1972
Ohio board of dietetics shall not grant a license to an applicant	1973
for an initial license unless the applicant complies with sections	1974
4776.01 to 4776.04 of the Revised Code and the board, in its	1975
discretion, decides that the results of the criminal records check	1976
do not make the applicant ineligible for a license issued pursuant	1977
to section 4759.06 of the Revised Code.	1978

Sec. 4760.032. In addition to any other eligibility	1979
requirement set forth in this chapter, each applicant for a	1980
certificate of registration as an anesthesiologist assistant shall	1981
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1982
state medical board shall not grant to an applicant a certificate	1983
of registration as an anesthesiologist assistant unless the board,	1984
in its discretion, decides that the results of the criminal	1985
records check do not make the applicant ineligible for a	1986
certificate issued pursuant to section 4760.04 of the Revised	1987
Code.	1988

Sec. 4760.06.  (A) A person seeking to renew a certificate of	1989
registration as an anesthesiologist assistant shall, on or before	1990
the thirty-first day of January of each even-numbered year, apply	1991
for renewal of the certificate. The state medical board shall	1992
send renewal notices at least one month prior to the expiration	1993
date.	1994

Applications shall be submitted to the board on forms the	1995
board shall prescribe and supply. Each application shall be	1996
accompanied by a biennial renewal fee of one hundred dollars.	1997

The applicant shall report any criminal offense that	1998
constitutes grounds for refusing to issue a certificate of	1999
registration under section 4760.13 of the Revised Code to which	2000
the applicant has pleaded guilty, of which the applicant has been	2001
found guilty, or for which the applicant has been found eligible	2002
for intervention in lieu of conviction, since last signing an	2003
application for a certificate of registration as an	2004
anesthesiologist assistant.	2005

(B) To be eligible for renewal, an anesthesiologist assistant	2006
must certify to the board that the assistant has maintained	2007
certification by the national commission for the certification of	2008
anesthesiologist assistants.	2009

(C) If an applicant submits a complete renewal application	2010
and qualifies for renewal pursuant to division (B) of this	2011
section, the board shall issue to the applicant a renewed	2012
certificate of registration as an anesthesiologist assistant.	2013

(D) A certificate of registration that is not renewed on or	2014
before its expiration date is automatically suspended on its	2015
expiration date. TheIf a certificate has been suspended pursuant	2016
to this division for two years or less, the board shall reinstate	2017
athe certificate suspended for failure to renew onupon an	2018
applicant's submission of a renewal application, the biennial	2019
renewal fee, and the applicable monetary penalty. The penalty for	2020
reinstatement is twenty-five dollars if the. If a certificate has	2021
been suspended for two years or less and fifty dollars if the	2022
certificate has been suspendedpursuant to this division for more	2023
than two years, it may be restored upon an applicant's submission	2024
of a restoration application, the biennial registration fee, and	2025
the applicable monetary penalty and compliance with sections	2026
4776.01 to 4776.04 of the Revised Code. The board shall not	2027
restore a certificate to practice unless the board, in its	2028
discretion, decides that the results of the criminal records check	2029
do not make the applicant ineligible for a certificate issued	2030
pursuant to section 4760.04 of the Revised Code. The penalty for	2031
restoration is fifty dollars.	2032

Sec. 4761.03.  The Ohio respiratory care board shall regulate	2033
the practice of respiratory care in this state and the persons to	2034
whom the board issues licenses and limited permits under this	2035
chapter and shall license and register home medical equipment	2036
services providers under Chapter 4752. of the Revised Code under	2037
this chapter. Rules adopted under this chapter that deal with the	2038
provision of respiratory care in a hospital, other than rules	2039
regulating the issuance of licenses or limited permits, shall be	2040
consistent with the conditions for participation under medicare,	2041
Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42	2042
U.S.C.A. 1395, as amended, and with the respiratory care	2043
accreditation standards of the joint commission on accreditation	2044
of healthcare organizations or the American osteopathic	2045
association.	2046

The board shall:

2047

(A) Adopt, and may rescind or amend, rules in accordance with	2048
Chapter 119. of the Revised Code to carry out the purposes of this	2049
chapter, including rules prescribing:	2050

(1) The form and manner for filing applications for licensure	2051
and renewal, limited permits, and limited permit extensions under	2052
sections 4761.05 and 4761.06 of the Revised Code;	2053

(2) The form, scoring, and scheduling of examinations and	2054
reexaminations for licensure and license renewal;	2055

(3) Standards for the approval of educational programs	2056
required to qualify for licensure and continuing education	2057
programs required for license renewal;	2058

(4) Continuing education courses and the number of hour	2059
requirements necessary for license renewal, in accordance with	2060
section 4761.06 of the Revised Code;	2061

(5) Procedures for the issuance and renewal of licenses and	2062
limited permits, including the duties that may be fulfilled by the	2063
board's executive director and other board employees;	2064

(6) Procedures for the denial, suspension, permanent	2065
revocation, refusal to renew, and reinstatement of licenses and	2066
limited permits, the conduct of hearings, and the imposition of	2067
fines for engaging in conduct that is grounds for such action and	2068
hearings under section 4761.09 of the Revised Code;	2069

(7) Standards of ethical conduct for the practice of	2070
respiratory care;	2071

(8) Conditions under which the license renewal fee and	2072
continuing education requirements may be waived at the request of	2073
a licensee who is not in active practice;	2074

(9) The respiratory care tasks that may be performed by an	2075
individual practicing as a polysomnographic technologist pursuant	2076
to division (B)(3) of section 4761.10 of the Revised Code;	2077

(10) Procedures for registering out-of-state respiratory care	2078
providers authorized to practice in this state under division	2079
(A)(4) of section 4761.11 of the Revised Code;	2080

(11) Requirements for criminal records checks of applicants	2081
under section 4776.03 of the Revised Code.	2082

(B) Determine the sufficiency of an applicant's	2083
qualifications for admission to the licensing examination or a	2084
reexamination, and for the issuance or renewal of a license or	2085
limited permit;	2086

(C) Determine the respiratory care educational programs that	2087
are acceptable for fulfilling the requirements of division (A) of	2088
section 4761.04 of the Revised Code;	2089

(D) Schedule, administer, and score the licensing examination	2090
or any reexamination for license renewal or reinstatement. The	2091
board shall administer the licensing examinations at least twice a	2092
year and notify applicants of the time and place of the	2093
examinations.	2094

(E) Investigate complaints concerning alleged violations of	2095
section 4761.10 of the Revised Code or grounds for the suspension,	2096
permanent revocation, or refusal to issue licenses or limited	2097
permits under section 3123.47 or 4761.09 of the Revised Code. The	2098
board shall employ investigators who shall, under the direction of	2099
the executive director of the board, investigate complaints and	2100
make inspections and other inquiries as, in the judgment of the	2101
board, are appropriate to enforce sections 3123.41 to 3123.50,	2102
4761.09, and 4761.10 of the Revised Code. Pursuant to an	2103
investigation and inspection, the investigators may review and	2104
audit records during normal business hours at the place of	2105
business of a licensee or person who is the subject of a complaint	2106
filed with the board or at any place where the records are kept.	2107

Except when required by court order, the board and its	2108
employees shall not disclose confidential information obtained	2109
during an investigation or identifying information about any	2110
person who files a complaint with the board.	2111

The board may hear testimony in matters relating to the	2112
duties imposed upon it and issue subpoenas pursuant to an	2113
investigation. The president and secretary of the board may	2114
administer oaths.	2115

(F) Conduct hearings, keep records of its proceedings, and do	2116
all such other things as are necessary and proper to carry out and	2117
enforce the provisions of this chapter;	2118

(G) Maintain, publish, and make available upon request, for a	2119
fee not to exceed the actual cost of printing and mailing:	2120

(1) The requirements for the issuance of licenses and limited	2121
permits under this chapter and rules adopted by the board;	2122

(2) A current register of every person licensed to practice	2123
respiratory care in this state, to include the addresses of the	2124
person's last known place of business and residence, the effective	2125
date and identification number of the license, the name and	2126
location of the institution that granted the person's degree or	2127
certificate of completion of respiratory care educational	2128
requirements, and the date the degree or certificate was issued;	2129

(3) A list of the names and locations of the institutions	2130
that each year granted degrees or certificates of completion in	2131
respiratory care;	2132

(4) After the administration of each examination, a list of	2133
persons who passed the examination.	2134

(H) Submit to the governor and to the general assembly each	2135
year a report of all of its official actions during the preceding	2136
year, together with any findings and recommendations with regard	2137
to the improvement of the profession of respiratory care;	2138

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

2139

Sec. 4761.051.  (A) As used in this section, "license" and	2140
"applicant for an initial license" have the same meanings as in	2141
section 4776.01 of the Revised Code, except that "license" as used	2142
in both of those terms refers to the types of authorizations	2143
otherwise issued or conferred under this chapter.	2144

(B) In addition to any other eligibility requirement set	2145
forth in this chapter, each applicant for an initial license shall	2146
comply with sections 4776.01 to 4776.04 of the Revised Code. The	2147
Ohio respiratory care board shall not grant a license to an	2148
applicant for an initial license unless the applicant complies	2149
with sections 4776.01 to 4776.04 of the Revised Code and the	2150
board, in its discretion, decides that the results of the criminal	2151
records check do not make the applicant ineligible for a license	2152
issued pursuant to section 4761.05 of the Revised Code.	2153

Sec. 4762.031. In addition to any other eligibility	2154
requirement set forth in this chapter, each applicant for a	2155
certificate of registration as an acupuncturist shall comply with	2156
sections 4776.01 to 4776.04 of the Revised Code. The state medical	2157
board shall not grant to an applicant a certificate of	2158
registration as an acupuncturist unless the board, in its	2159
discretion, decides that the results of the criminal records check	2160
do not make the applicant ineligible for a certificate issued	2161
pursuant to section 4762.04 of the Revised Code.	2162

Sec. 4762.06.  (A) A person seeking to renew a certificate of	2163
registration as an acupuncturist shall, on or before the	2164
thirty-first day of January of each even-numbered year, apply for	2165
renewal of the certificate. The state medical board shall send	2166
renewal notices at least one month prior to the expiration date.	2167

Applications shall be submitted to the board on forms the	2168
board shall prescribe and supply. Each application shall be	2169
accompanied by a biennial renewal fee of one hundred dollars.	2170

The applicant shall report any criminal offense that	2171
constitutes grounds for refusing to issue a certificate of	2172
registration under section 4762.13 of the Revised Code to which	2173
the applicant has pleaded guilty, of which the applicant has been	2174
found guilty, or for which the applicant has been found eligible	2175
for intervention in lieu of conviction, since last signing an	2176
application for a certificate of registration as an acupuncturist.	2177

(B) To be eligible for renewal, an acupuncturist must certify	2178
to the board that the acupuncturist has maintained the	2179
acupuncturist's designation as a diplomate in acupuncture by the	2180
national certification commission for acupuncture and oriental	2181
medicine.	2182

(C) If an applicant submits a complete renewal application	2183
and qualifies for renewal pursuant to division (B) of this	2184
section, the board shall issue to the applicant a renewed	2185
certificate of registration as an acupuncturist.	2186

(D) A certificate of registration that is not renewed on or	2187
before its expiration date is automatically suspended on its	2188
expiration date. TheIf a certificate has been suspended pursuant	2189
to this division for two years or less, the board shall reinstate	2190
athe certificate suspended for failure to renew upon an	2191
applicant's submission of a renewal application, the biennial	2192
renewal fee, and the applicable monetary penalty. The penalty for	2193
reinstatement is twenty-five dollars if the. If a certificate has	2194
been suspended for two years or less and fifty dollars if the	2195
certificate has been suspendedpursuant to this division for more	2196
than two years, it may be restored upon an applicant's submission	2197
of a restoration application, the biennial registration fee, and	2198
the applicable monetary penalty and compliance with sections	2199
4776.01 to 4776.04 of the Revised Code. The board shall not	2200
restore a certificate to practice unless the board, in its	2201
discretion, decides that the results of the criminal records check	2202
do not make the applicant ineligible for a certificate issued	2203
pursuant to section 4762.04 of the Revised Code. The penalty for	2204
restoration is fifty dollars.	2205

Sec. 4776.01. As used in this chapter:

2206

(A) "License" means any of the following:

2207

(1) An authorization evidenced by a license, certificate,	2208
registration, permit, card, or other authority that is issued or	2209
conferred by a licensing agency described in division (C)(1) of	2210
this section to a licensee or to an applicant for an initial	2211
license by which the licensee or initial license applicant has or	2212
claims the privilege to engage in a profession, occupation, or	2213
occupational activity, or to have control of and operate certain	2214
specific equipment, machinery, or premises, over which the	2215
licensing agency has jurisdiction.	2216

(2) An authorization evidenced by a license or certificate	2217
that is issued by a licensing agency described in division (C)(2)	2218
of this section pursuant to section 4715.12, 4715.16, 4715.21, or	2219
4715.27 of the Revised Code to a licensee or to an applicant for	2220
an initial license by which the licensee or initial license	2221
applicant has or claims the privilege to engage in a profession,	2222
occupation, or occupational activity over which the licensing	2223
agency has jurisdiction.	2224

(B) "Licensee" means the person to whom the license is issued	2225
by a licensing agency.	2226

(C) "Licensing agency" means any of the following:

2227

(1) The board authorized by Chapters 4701., 4717., 4725.,	2228
4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757.,	2229
4759., 4760., 4761., 4762., and 4779. of the Revised Code to	2230
issue a license to engage in a specific profession, occupation,	2231
or occupational activity, or to have charge of and operate	2232
certain specified equipment, machinery, or premises.	2233

(2) The state dental board, relative to its authority to	2234
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or	2235
4715.27 of the Revised Code.	2236

(D) "Applicant for an initial license" includes persons	2237
seeking a license for the first time and persons seeking a license	2238
by reciprocity, endorsement, or similar manner of a license issued	2239
in another state.	2240

(E) "Applicant for a restored license" includes persons	2241
seeking restoration of a certificate under section 4730.14,	2242
4731.281, 4760.06, or 4762.06 of the Revised Code.	2243

(F) "Criminal records check" has the same meaning as in	2244
division (E) of section 109.572 of the Revised Code.	2245

Sec. 4776.02. (A) An applicant for an initial license or	2246
restored license from a licensing agency shall submit a request to	2247
the bureau of criminal identification and investigation for a	2248
criminal records check of the applicant. The request shall be	2249
accompanied by a completed copy of the form prescribed under	2250
division (C)(1) of section 109.572 of the Revised Code, a set of	2251
fingerprint impressions obtained as described in division (C)(2)	2252
of that section, and the fee prescribed under division (C)(3) of	2253
that section. The applicant shall ask the superintendent of the	2254
bureau of criminal identification and investigation in the request	2255
to obtain from the federal bureau of investigation any information	2256
it has pertaining to the applicant.	2257

An applicant requesting a criminal records check shall	2258
provide the bureau of criminal identification and investigation	2259
with the applicant's name and address and with the licensing	2260
agency's name and address.	2261

(B) Upon receipt of the completed form, the set of	2262
fingerprint impressions, and the fee provided for in division (A)	2263
of this section, the superintendent shall conduct a criminal	2264
records check of the applicant under division (B) of section	2265
109.572 of the Revised Code. Upon completion of the criminal	2266
records check, the superintendent shall report the results of the	2267
criminal records check and any information the federal bureau of	2268
investigation provides to the licensing agency identified in the	2269
request for a criminal records check.	2270

Sec. 4776.03. Each licensing agency shall adopt rules under	2271
Chapter 119. of the Revised Code establishing administrative and	2272
procedural requirements for criminal records checks.	2273

Sec. 4776.04. The results of any criminal records check	2274
conducted pursuant to a request made under this chapter and any	2275
report containing those results, including any information the	2276
federal bureau of investigation provides, are not public records	2277
for purposes of section 149.43 of the Revised Code and shall not	2278
be made available to any person or for any purpose other than as	2279
follows:	2280

(A) The superintendent of the bureau of criminal	2281
identification and investigation shall make the results available	2282
to the licensing agency for use in determining, under the agency's	2283
authorizing chapter of the Revised Code, whether the applicant who	2284
is the subject of the criminal records check should be granted a	2285
license under that chapter.	2286

(B) The licensing agency shall make the results available to	2287
the applicant who is the subject of the criminal records check or	2288
to the applicant's representative.	2289

Sec. 4779.08.  (A) The state board of orthotics, prosthetics,	2290
and pedorthics shall adopt rules in accordance with Chapter 119.	2291
of the Revised Code to carry out the purposes of this chapter,	2292
including rules prescribing all of the following:	2293

(1) The form and manner of filing of applications to be	2294
admitted to examinations and for licensure and license renewal;	2295

(2) Standards and procedures for formulating, evaluating,	2296
approving, and administering licensing examinations or recognizing	2297
other entities that conduct examinations;	2298

(3) The form, scoring, and scheduling of licensing	2299
examinations;	2300

(4) Fees for examinations and applications for licensure and	2301
license renewal;	2302

(5) Fees for approval of continuing education courses;

2303

(6) Procedures for issuance, renewal, suspension, and	2304
revocation of licenses and the conduct of disciplinary hearings;	2305

(7) Standards of ethical and professional conduct in the	2306
practice of orthotics, prosthetics, and pedorthics;	2307

(8) Standards for approving national certification	2308
organizations in orthotics, prosthetics, and pedorthics;	2309

(9) Fines for violations of this chapter;

2310

(10) Standards for the recognition and approval of	2311
educational programs required for licensure, including standards	2312
for approving foreign educational credentials;	2313

(11) Standards for continuing education programs required for	2314
license renewal;	2315

(12) Provisions for making available the information	2316
described in section 4779.22 of the Revised Code;	2317

(13) Requirements for criminal records checks of applicants	2318
under section 4776.03 of the Revised Code.	2319

(B) The board may adopt any other rules necessary for the	2320
administration of this chapter.	2321

(C) The fees prescribed by this section shall be paid to the	2322
treasurer of state, who shall deposit the fees in the occupational	2323
licensing and regulatory fund established in section 4743.05 of	2324
the Revised Code.	2325

Sec. 4779.091.  (A) As used in this section, "license" and	2326
"applicant for an initial license" have the same meanings as in	2327
section 4776.01 of the Revised Code, except that "license" as used	2328
in both of those terms refers to the types of authorizations	2329
otherwise issued or conferred under this chapter.	2330

(B) In addition to any other eligibility requirement set	2331
forth in this chapter, each applicant for an initial license shall	2332
comply with sections 4776.01 to 4776.04 of the Revised Code. The	2333
state board of orthotics, prosthetics, and pedorthics shall not	2334
grant a license to an applicant for an initial license unless the	2335
applicant complies with sections 4776.01 to 4776.04 of the Revised	2336
Code and the board, in its discretion, decides that the results of	2337
the criminal records check do not make the applicant ineligible	2338
for a license issued pursuant to section 4779.09, 4779.16,	2339
4779.17, or 4779.18 of the Revised Code.	2340

Section 2. That existing sections 109.572, 2953.32, 4717.04,	2341
4725.09, 4725.44, 4730.14, 4730.28, 4731.15, 4731.222, 4731.281,	2342
4731.296, 4740.04, 4755.06, 4755.61, 4757.10, 4759.05, 4760.06,	2343
4761.03, 4762.06, and 4779.08 of the Revised Code are hereby	2344
repealed.	2345

Section 3.  Section 109.572 of the Revised Code is presented	2346
in this act as a composite of the section as amended by both Am.	2347
Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly.	2348
The General Assembly, applying the principle stated in division	2349
(B) of section 1.52 of the Revised Code that amendments are to be	2350
harmonized if reasonably capable of simultaneous operation, finds	2351
that the composite is the resulting version of the section in	2352
effect prior to the effective date of the section as presented in	2353
this act.	2354