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To amend sections 109.572, 4709.05, 4717.04, 4725.09, | 1 |
4725.44, 4730.14, 4730.28, 4731.15, 4731.222, | 2 |
4731.281, 4731.296, 4740.04, 4755.06, 4755.61, | 3 |
4757.10, 4759.05, 4760.06, 4761.03, 4762.06, and | 4 |
4779.08 and to enact sections 4701.08, 4709.071, | 5 |
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, | 6 |
4730.101, 4731.081, 4731.171, 4731.531, 4732.091, | 7 |
4734.202, 4740.061, 4741.10, 4755.70, 4757.101, | 8 |
4759.061, 4760.032, 4761.051, 4762.031, 4776.01, | 9 |
4776.02, 4776.03, 4776.04, and 4779.091 of the | 10 |
Revised Code to require initial license applicants | 11 |
and applicants for restoration of licenses for | 12 |
specified licensed professions to obtain a | 13 |
criminal background check from the bureau of | 14 |
criminal investigation and identification and to | 15 |
require the appropriate licensing board to | 16 |
consider the results of those checks in | 17 |
determining a person's eligibility for licensure. | 18 |
Section 1. That sections 109.572, 4709.05, 4717.04, 4725.09, | 19 |
4725.44, 4730.14, 4730.28, 4731.15, 4731.222, 4731.281, 4731.296, | 20 |
4740.04, 4755.06, 4755.61, 4757.10, 4759.05, 4760.06, 4761.03, | 21 |
4762.06, and 4779.08 be amended and sections 4701.08, 4709.071, | 22 |
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, | 23 |
4731.081, 4731.171, 4731.531, 4732.091, 4734.202, 4740.061, | 24 |
4741.10, 4755.70, 4757.101, 4759.061, 4760.032, 4761.051, | 25 |
4762.031, 4776.01, 4776.02, 4776.03, 4776.04, and 4779.091 of the | 26 |
Revised Code be enacted to read as follows: | 27 |
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 28 |
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013 | 29 |
of the Revised Code, a completed form prescribed pursuant to | 30 |
division (C)(1) of this section, and a set of fingerprint | 31 |
impressions obtained in the manner described in division (C)(2) of | 32 |
this section, the superintendent of the bureau of criminal | 33 |
identification and investigation shall conduct a criminal records | 34 |
check in the manner described in division (B) of this section to | 35 |
determine whether any information exists that indicates that the | 36 |
person who is the subject of the request previously has been | 37 |
convicted of or pleaded guilty to any of the following: | 38 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 39 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 40 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 41 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 42 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 43 |
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 44 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 45 |
2925.06, or 3716.11 of the Revised Code, felonious sexual | 46 |
penetration in violation of former section 2907.12 of the Revised | 47 |
Code, a violation of section 2905.04 of the Revised Code as it | 48 |
existed prior to July 1, 1996, a violation of section 2919.23 of | 49 |
the Revised Code that would have been a violation of section | 50 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, | 51 |
had the violation been committed prior to that date, or a | 52 |
violation of section 2925.11 of the Revised Code that is not a | 53 |
minor drug possession offense; | 54 |
(b) A violation of an existing or former law of this state, | 55 |
any other state, or the United States that is substantially | 56 |
equivalent to any of the offenses listed in division (A)(1)(a) of | 57 |
this section. | 58 |
(2) On receipt of a request pursuant to section 5123.081 of | 59 |
the Revised Code with respect to an applicant for employment in | 60 |
any position with the department of mental retardation and | 61 |
developmental disabilities, pursuant to section 5126.28 of the | 62 |
Revised Code with respect to an applicant for employment in any | 63 |
position with a county board of mental retardation and | 64 |
developmental disabilities, or pursuant to section 5126.281 of the | 65 |
Revised Code with respect to an applicant for employment in a | 66 |
direct services position with an entity contracting with a county | 67 |
board for employment, a completed form prescribed pursuant to | 68 |
division (C)(1) of this section, and a set of fingerprint | 69 |
impressions obtained in the manner described in division (C)(2) of | 70 |
this section, the superintendent of the bureau of criminal | 71 |
identification and investigation shall conduct a criminal records | 72 |
check. The superintendent shall conduct the criminal records check | 73 |
in the manner described in division (B) of this section to | 74 |
determine whether any information exists that indicates that the | 75 |
person who is the subject of the request has been convicted of or | 76 |
pleaded guilty to any of the following: | 77 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 78 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 79 |
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 80 |
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 81 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 82 |
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 83 |
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 84 |
2925.03, or 3716.11 of the Revised Code; | 85 |
(b) An existing or former municipal ordinance or law of this | 86 |
state, any other state, or the United States that is substantially | 87 |
equivalent to any of the offenses listed in division (A)(2)(a) of | 88 |
this section. | 89 |
(3) On receipt of a request pursuant to section 173.27, | 90 |
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a | 91 |
completed form prescribed pursuant to division (C)(1) of this | 92 |
section, and a set of fingerprint impressions obtained in the | 93 |
manner described in division (C)(2) of this section, the | 94 |
superintendent of the bureau of criminal identification and | 95 |
investigation shall conduct a criminal records check with respect | 96 |
to any person who has applied for employment in a position for | 97 |
which a criminal records check is required by those sections. The | 98 |
superintendent shall conduct the criminal records check in the | 99 |
manner described in division (B) of this section to determine | 100 |
whether any information exists that indicates that the person who | 101 |
is the subject of the request previously has been convicted of or | 102 |
pleaded guilty to any of the following: | 103 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 104 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 105 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 106 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 107 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 108 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 109 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 110 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 111 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 112 |
(b) An existing or former law of this state, any other state, | 113 |
or the United States that is substantially equivalent to any of | 114 |
the offenses listed in division (A)(3)(a) of this section. | 115 |
(4) On receipt of a request pursuant to section 3701.881 of | 116 |
the Revised Code with respect to an applicant for employment with | 117 |
a home health agency as a person responsible for the care, | 118 |
custody, or control of a child, a completed form prescribed | 119 |
pursuant to division (C)(1) of this section, and a set of | 120 |
fingerprint impressions obtained in the manner described in | 121 |
division (C)(2) of this section, the superintendent of the bureau | 122 |
of criminal identification and investigation shall conduct a | 123 |
criminal records check. The superintendent shall conduct the | 124 |
criminal records check in the manner described in division (B) of | 125 |
this section to determine whether any information exists that | 126 |
indicates that the person who is the subject of the request | 127 |
previously has been convicted of or pleaded guilty to any of the | 128 |
following: | 129 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 130 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 131 |
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 132 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 133 |
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 134 |
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 135 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 136 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 137 |
violation of section 2925.11 of the Revised Code that is not a | 138 |
minor drug possession offense; | 139 |
(b) An existing or former law of this state, any other state, | 140 |
or the United States that is substantially equivalent to any of | 141 |
the offenses listed in division (A)(4)(a) of this section. | 142 |
(5) On receipt of a request pursuant to section 5111.95 or | 143 |
5111.96 of the Revised Code with respect to an applicant for | 144 |
employment with a waiver agency participating in a department of | 145 |
job and family services administered home and community-based | 146 |
waiver program or an independent provider participating in a | 147 |
department administered home and community-based waiver program in | 148 |
a position that involves providing home and community-based waiver | 149 |
services to consumers with disabilities, 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 or pleaded guilty to any of the | 159 |
following: | 160 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 161 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, | 162 |
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, | 163 |
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 164 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 165 |
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, | 166 |
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, | 167 |
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, | 168 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 169 |
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the | 170 |
Revised Code, felonious sexual penetration in violation of former | 171 |
section 2907.12 of the Revised Code, a violation of section | 172 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, a | 173 |
violation of section 2919.23 of the Revised Code that would have | 174 |
been a violation of section 2905.04 of the Revised Code as it | 175 |
existed prior to July 1, 1996, had the violation been committed | 176 |
prior to that date; | 177 |
(b) An existing or former law of this state, any other state, | 178 |
or the United States that is substantially equivalent to any of | 179 |
the offenses listed in division (A)(5)(a) of this section. | 180 |
(6) On receipt of a request pursuant to section 3701.881 of | 181 |
the Revised Code with respect to an applicant for employment with | 182 |
a home health agency in a position that involves providing direct | 183 |
care to an older adult, a completed form prescribed pursuant to | 184 |
division (C)(1) of this section, and a set of fingerprint | 185 |
impressions obtained in the manner described in division (C)(2) of | 186 |
this section, the superintendent of the bureau of criminal | 187 |
identification and investigation shall conduct a criminal records | 188 |
check. The superintendent shall conduct the criminal records check | 189 |
in the manner described in division (B) of this section to | 190 |
determine whether any information exists that indicates that the | 191 |
person who is the subject of the request previously has been | 192 |
convicted of or pleaded guilty to any of the following: | 193 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 194 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 195 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 196 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 197 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 198 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 199 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 200 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 201 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 202 |
(b) An existing or former law of this state, any other state, | 203 |
or the United States that is substantially equivalent to any of | 204 |
the offenses listed in division (A)(6)(a) of this section. | 205 |
(7) When conducting a criminal records check upon a request | 206 |
pursuant to section 3319.39 of the Revised Code for an applicant | 207 |
who is a teacher, in addition to the determination made under | 208 |
division (A)(1) of this section, the superintendent shall | 209 |
determine whether any information exists that indicates that the | 210 |
person who is the subject of the request previously has been | 211 |
convicted of or pleaded guilty to any offense specified in section | 212 |
3319.31 of the Revised Code. | 213 |
(8) On a request pursuant to section 2151.86 of the Revised | 214 |
Code, a completed form prescribed pursuant to division (C)(1) of | 215 |
this section, and a set of fingerprint impressions obtained in the | 216 |
manner described in division (C)(2) of this section, the | 217 |
superintendent of the bureau of criminal identification and | 218 |
investigation shall conduct a criminal records check in the manner | 219 |
described in division (B) of this section to determine whether any | 220 |
information exists that indicates that the person who is the | 221 |
subject of the request previously has been convicted of or pleaded | 222 |
guilty to any of the following: | 223 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 224 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 225 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 226 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 227 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 228 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 229 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 230 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a | 231 |
violation of section 2905.04 of the Revised Code as it existed | 232 |
prior to July 1, 1996, a violation of section 2919.23 of the | 233 |
Revised Code that would have been a violation of section 2905.04 | 234 |
of the Revised Code as it existed prior to July 1, 1996, had the | 235 |
violation been committed prior to that date, a violation of | 236 |
section 2925.11 of the Revised Code that is not a minor drug | 237 |
possession offense, or felonious sexual penetration in violation | 238 |
of former section 2907.12 of the Revised Code; | 239 |
(b) A violation of an existing or former law of this state, | 240 |
any other state, or the United States that is substantially | 241 |
equivalent to any of the offenses listed in division (A)(8)(a) of | 242 |
this section. | 243 |
(9) When conducting a criminal records check on a request | 244 |
pursuant to section 5104.013 of the Revised Code for a person who | 245 |
is an owner, licensee, or administrator of a child day-care center | 246 |
or type A family day-care home, an authorized provider of a | 247 |
certified type B family day-care home, or an adult residing in a | 248 |
type A or certified type B home, or when conducting a criminal | 249 |
records check or a request pursuant to section 5104.012 of the | 250 |
Revised Code for a person who is an applicant for employment in a | 251 |
center, type A home, or certified type B home, the superintendent, | 252 |
in addition to the determination made under division (A)(1) of | 253 |
this section, shall determine whether any information exists that | 254 |
indicates that the person has been convicted of or pleaded guilty | 255 |
to any of the following: | 256 |
(a) A violation of section 2913.02, 2913.03, 2913.04, | 257 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 258 |
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 259 |
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, | 260 |
2921.13, or 2923.01 of the Revised Code, a violation of section | 261 |
2923.02 or 2923.03 of the Revised Code that relates to a crime | 262 |
specified in this division or division (A)(1)(a) of this section, | 263 |
or a second violation of section 4511.19 of the Revised Code | 264 |
within five years of the date of application for licensure or | 265 |
certification. | 266 |
(b) A violation of an existing or former law of this state, | 267 |
any other state, or the United States that is substantially | 268 |
equivalent to any of the offenses or violations described in | 269 |
division (A)(9)(a) of this section. | 270 |
(10) Upon receipt of a request pursuant to section 5153.111 | 271 |
of the Revised Code, a completed form prescribed pursuant to | 272 |
division (C)(1) of this section, and a set of fingerprint | 273 |
impressions obtained in the manner described in division (C)(2) of | 274 |
this section, the superintendent of the bureau of criminal | 275 |
identification and investigation shall conduct a criminal records | 276 |
check in the manner described in division (B) of this section to | 277 |
determine whether any information exists that indicates that the | 278 |
person who is the subject of the request previously has been | 279 |
convicted of or pleaded guilty to any of the following: | 280 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 281 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 282 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 283 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 284 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 285 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 286 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 287 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 288 |
felonious sexual penetration in violation of former section | 289 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 290 |
Revised Code as it existed prior to July 1, 1996, a violation of | 291 |
section 2919.23 of the Revised Code that would have been a | 292 |
violation of section 2905.04 of the Revised Code as it existed | 293 |
prior to July 1, 1996, had the violation been committed prior to | 294 |
that date, or a violation of section 2925.11 of the Revised Code | 295 |
that is not a minor drug possession offense; | 296 |
(b) A violation of an existing or former law of this state, | 297 |
any other state, or the United States that is substantially | 298 |
equivalent to any of the offenses listed in division (A)(10)(a) of | 299 |
this section. | 300 |
(11) On receipt of a request for a criminal records check | 301 |
from an individual pursuant to section 4749.03 or 4749.06 of the | 302 |
Revised Code, accompanied by a completed copy of the form | 303 |
prescribed in division (C)(1) of this section and a set of | 304 |
fingerprint impressions obtained in a manner described in division | 305 |
(C)(2) of this section, the superintendent of the bureau of | 306 |
criminal identification and investigation shall conduct a criminal | 307 |
records check in the manner described in division (B) of this | 308 |
section to determine whether any information exists indicating | 309 |
that the person who is the subject of the request has been | 310 |
convicted of or pleaded guilty to a felony in this state or in any | 311 |
other state. If the individual indicates that a firearm will be | 312 |
carried in the course of business, the superintendent shall | 313 |
require information from the federal bureau of investigation as | 314 |
described in division (B)(2) of this section. The superintendent | 315 |
shall report the findings of the criminal records check and any | 316 |
information the federal bureau of investigation provides to the | 317 |
director of public safety. | 318 |
(12) On receipt of a request pursuant to section 1322.03, | 319 |
1322.031, or 4763.05 of the Revised Code, a completed form | 320 |
prescribed pursuant to division (C)(1) of this section, and a set | 321 |
of fingerprint impressions obtained in the manner described in | 322 |
division (C)(2) of this section, the superintendent of the bureau | 323 |
of criminal identification and investigation shall conduct a | 324 |
criminal records check with respect to any person who has applied | 325 |
for a license, permit, or certification from the department of | 326 |
commerce or a division in the department. The superintendent shall | 327 |
conduct the criminal records check in the manner described in | 328 |
division (B) of this section to determine whether any information | 329 |
exists that indicates that the person who is the subject of the | 330 |
request previously has been convicted of or pleaded guilty to any | 331 |
of the following: a violation of section 2913.02, 2913.11, | 332 |
2913.31, 2913.51, or 2925.03 of the Revised Code; any other | 333 |
criminal offense involving theft, receiving stolen property, | 334 |
embezzlement, forgery, fraud, passing bad checks, money | 335 |
laundering, or drug trafficking, or any criminal offense involving | 336 |
money or securities, as set forth in Chapters 2909., 2911., 2913., | 337 |
2915., 2921., 2923., and 2925. of the Revised Code; or any | 338 |
existing or former law of this state, any other state, or the | 339 |
United States that is substantially equivalent to those offenses. | 340 |
(13) On receipt of a request for a criminal records check | 341 |
from an individual under section 4701.08, 4709.071, 4715.101, | 342 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 343 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 344 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 345 |
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 346 |
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by | 347 |
a completed form prescribed under division (C)(1) of this section | 348 |
and a set of fingerprint impressions obtained in the manner | 349 |
described in division (C)(2) of this section, the superintendent | 350 |
of the bureau of criminal identification and investigation shall | 351 |
conduct a criminal records check in the manner described in | 352 |
division (B) of this section to determine whether any information | 353 |
exists that indicates that the person who is the subject of the | 354 |
request has been convicted of or pleaded guilty to any criminal | 355 |
offense in this state or any other state. The superintendent shall | 356 |
send the results to the licensing board specified by the | 357 |
individual in the request. | 358 |
(14) Not later than thirty days after the date the | 359 |
superintendent receives the request, completed form, and | 360 |
fingerprint impressions, the superintendent shall send the person, | 361 |
board, or entity that made the request any information, other than | 362 |
information the dissemination of which is prohibited by federal | 363 |
law, the superintendent determines exists with respect to the | 364 |
person who is the subject of the request that indicates that the | 365 |
person previously has been convicted of or pleaded guilty to any | 366 |
offense listed or described in division (A)(1), (2), (3), (4), | 367 |
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as | 368 |
appropriate. The superintendent shall send the person, board, or | 369 |
entity that made the request a copy of the list of offenses | 370 |
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8), | 371 |
(9), (10), (11), or (12) of this section, as appropriate. If the | 372 |
request was made under section 3701.881 of the Revised Code with | 373 |
regard to an applicant who may be both responsible for the care, | 374 |
custody, or control of a child and involved in providing direct | 375 |
care to an older adult, the superintendent shall provide a list of | 376 |
the offenses specified in divisions (A)(4) and (6) of this | 377 |
section. | 378 |
(B) The superintendent shall conduct any criminal records | 379 |
check requested under section 121.08, 173.27, 173.394, 1322.03, | 380 |
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, | 381 |
3721.121, 3722.151, 4701.08, 4709.071, 4715.101, 4717.061, | 382 |
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, | 383 |
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, | 384 |
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06, | 385 |
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 386 |
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.95, | 387 |
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised | 388 |
Code as follows: | 389 |
(1) The superintendent shall review or cause to be reviewed | 390 |
any relevant information gathered and compiled by the bureau under | 391 |
division (A) of section 109.57 of the Revised Code that relates to | 392 |
the person who is the subject of the request, including any | 393 |
relevant information contained in records that have been sealed | 394 |
under section 2953.32 of the Revised Code; | 395 |
(2) If the request received by the superintendent asks for | 396 |
information from the federal bureau of investigation, the | 397 |
superintendent shall request from the federal bureau of | 398 |
investigation any information it has with respect to the person | 399 |
who is the subject of the request and shall review or cause to be | 400 |
reviewed any information the superintendent receives from that | 401 |
bureau. | 402 |
(3) The superintendent or the superintendent's designee may | 403 |
request criminal history records from other states or the federal | 404 |
government pursuant to the national crime prevention and privacy | 405 |
compact set forth in section 109.571 of the Revised Code. | 406 |
(C)(1) The superintendent shall prescribe a form to obtain | 407 |
the information necessary to conduct a criminal records check from | 408 |
any person for whom a criminal records check is required by | 409 |
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, | 410 |
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, | 411 |
4701.08, 4709.071, 4715.101, 4717.061, 4725.121, 4725.501, | 412 |
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, | 413 |
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, | 414 |
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, | 415 |
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, | 416 |
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, | 417 |
or 5153.111 of the Revised Code. The form that the superintendent | 418 |
prescribes pursuant to this division may be in a tangible format, | 419 |
in an electronic format, or in both tangible and electronic | 420 |
formats. | 421 |
(2) The superintendent shall prescribe standard impression | 422 |
sheets to obtain the fingerprint impressions of any person for | 423 |
whom a criminal records check is required by section 121.08, | 424 |
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, | 425 |
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4709.071, | 426 |
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, | 427 |
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 428 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 429 |
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 430 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 431 |
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or | 432 |
5153.111 of the Revised Code. Any person for whom a records check | 433 |
is required by any of those sections shall obtain the fingerprint | 434 |
impressions at a county sheriff's office, municipal police | 435 |
department, or any other entity with the ability to make | 436 |
fingerprint impressions on the standard impression sheets | 437 |
prescribed by the superintendent. The office, department, or | 438 |
entity may charge the person a reasonable fee for making the | 439 |
impressions. The standard impression sheets the superintendent | 440 |
prescribes pursuant to this division may be in a tangible format, | 441 |
in an electronic format, or in both tangible and electronic | 442 |
formats. | 443 |
(3) Subject to division (D) of this section, the | 444 |
superintendent shall prescribe and charge a reasonable fee for | 445 |
providing a criminal records check requested under section 121.08, | 446 |
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, | 447 |
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4709.071, | 448 |
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, | 449 |
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 450 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 451 |
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 452 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 453 |
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or | 454 |
5153.111 of the Revised Code. The person making a criminal records | 455 |
request under section 121.08, 173.27, 173.394, 1322.03, 1322.031, | 456 |
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, | 457 |
3722.151, 4701.08, 4709.071, 4715.101, 4717.061, 4725.121, | 458 |
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, | 459 |
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, | 460 |
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, | 461 |
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, | 462 |
4779.091, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, | 463 |
5126.281, or 5153.111 of the Revised Code shall pay the fee | 464 |
prescribed pursuant to this division. A person making a request | 465 |
under section 3701.881 of the Revised Code for a criminal records | 466 |
check for an applicant who may be both responsible for the care, | 467 |
custody, or control of a child and involved in providing direct | 468 |
care to an older adult shall pay one fee for the request. | 469 |
(4) The superintendent of the bureau of criminal | 470 |
identification and investigation may prescribe methods of | 471 |
forwarding fingerprint impressions and information necessary to | 472 |
conduct a criminal records check, which methods shall include, but | 473 |
not be limited to, an electronic method. | 474 |
(D) A determination whether any information exists that | 475 |
indicates that a person previously has been convicted of or | 476 |
pleaded guilty to any offense listed or described in division | 477 |
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 478 |
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), | 479 |
(A)(9)(a) or (b), (A)(10)(a) or (b), | 480 |
this section that is made by the superintendent with respect to | 481 |
information considered in a criminal records check in accordance | 482 |
with this section is valid for the person who is the subject of | 483 |
the criminal records check for a period of one year from the date | 484 |
upon which the superintendent makes the determination. During the | 485 |
period in which the determination in regard to a person is valid, | 486 |
if another request under this section is made for a criminal | 487 |
records check for that person, the superintendent shall provide | 488 |
the information that is the basis for the superintendent's initial | 489 |
determination at a lower fee than the fee prescribed for the | 490 |
initial criminal records check. | 491 |
(E) As used in this section: | 492 |
(1) "Criminal records check" means any criminal records check | 493 |
conducted by the superintendent of the bureau of criminal | 494 |
identification and investigation in accordance with division (B) | 495 |
of this section. | 496 |
(2) "Home and community-based waiver services" and "waiver | 497 |
agency" have the same meanings as in section 5111.95 of the | 498 |
Revised Code. | 499 |
(3) "Independent provider" has the same meaning as in section | 500 |
5111.96 of the Revised Code. | 501 |
(4) "Minor drug possession offense" has the same meaning as | 502 |
in section 2925.01 of the Revised Code. | 503 |
(5) "Older adult" means a person age sixty or older. | 504 |
Sec. 4701.08. (A) As used in this section, "license" and | 505 |
"applicant for an initial license" have the same meanings as in | 506 |
section 4776.01 of the Revised Code, except that "license" as used | 507 |
in both of those terms refers to the types of authorizations | 508 |
otherwise issued or conferred under this chapter. | 509 |
(B) In addition to any other eligibility requirement set | 510 |
forth in this chapter, each applicant for an initial license shall | 511 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 512 |
accountancy board shall not grant a license to an applicant for an | 513 |
initial license unless the applicant complies with sections | 514 |
4776.01 to 4776.04 of the Revised Code and the board, in its | 515 |
discretion, decides that the results of the criminal records check | 516 |
do not make the applicant ineligible for a license issued pursuant | 517 |
to section 4701.06, 4701.061, 4701.07, 4701.09, or 4701.10 of the | 518 |
Revised Code. | 519 |
Sec. 4709.05. In addition to any other duty imposed on the | 520 |
barber board under this chapter, the board shall do all of the | 521 |
following: | 522 |
(A) Organize by electing a chairperson from its members to | 523 |
serve a one-year term; | 524 |
(B) Hold regular meetings, at the times and places as it | 525 |
determines for the purpose of conducting the examinations required | 526 |
under this chapter, and hold additional meetings for the | 527 |
transaction of necessary business; | 528 |
(C) Provide for suitable quarters, in the city of Columbus, | 529 |
for the conduct of its business and the maintenance of its | 530 |
records; | 531 |
(D) Adopt a common seal for the authentication of its orders, | 532 |
communications, and records; | 533 |
(E) Maintain a record of its proceedings and a register of | 534 |
persons licensed as barbers. The register shall include each | 535 |
licensee's name, place of business, residence, and licensure date | 536 |
and number, and a record of all licenses issued, refused, renewed, | 537 |
suspended, or revoked. The records are open to public inspection | 538 |
at all reasonable times. | 539 |
(F) Annually, on or before the first day of January, make a | 540 |
report to the governor of all its official acts during the | 541 |
preceding year, its receipts and disbursements, recommendations it | 542 |
determines appropriate, and an evaluation of board activities | 543 |
intended to aid or protect consumers of barber services; | 544 |
(G) Employ an executive director who shall do all things | 545 |
requested by the board for the administration and enforcement of | 546 |
this chapter. The executive director shall employ inspectors, | 547 |
clerks, and other assistants as the executive director determines | 548 |
necessary. | 549 |
(H) Ensure that the practice of barbering is conducted only | 550 |
in a licensed barber shop, except when the practice of barbering | 551 |
is performed on a person whose physical or mental disability | 552 |
prevents that person from going to a licensed barber shop; | 553 |
(I) Conduct or have conducted the examination for applicants | 554 |
to practice as licensed barbers at least four times per year at | 555 |
the times and places the board determines; | 556 |
(J) Adopt rules, in accordance with Chapter 119. of the | 557 |
Revised Code, to administer and enforce this chapter and which | 558 |
cover all of the following: | 559 |
(1) Sanitary standards for the operation of barber shops and | 560 |
barber schools that conform to guidelines established by the | 561 |
department of health; | 562 |
(2) The content of the examination required of an applicant | 563 |
for a barber license. The examination shall include a practical | 564 |
demonstration and a written test, shall relate only to the | 565 |
practice of barbering, and shall require the applicant to | 566 |
demonstrate that the applicant has a thorough knowledge of and | 567 |
competence in the proper techniques in the safe use of chemicals | 568 |
used in the practice of barbering. | 569 |
(3) Continuing education requirements for persons licensed | 570 |
pursuant to this chapter. The board may impose continuing | 571 |
education requirements upon a licensee for a violation of this | 572 |
chapter or the rules adopted pursuant thereto or if the board | 573 |
determines that the requirements are necessary to preserve the | 574 |
health, safety, or welfare of the public. | 575 |
(4) Requirements for the licensure of barber schools, barber | 576 |
teachers, and assistant barber teachers; | 577 |
(5) Requirements for students of barber schools; | 578 |
(6) Requirements for criminal records checks of applicants | 579 |
under section 4776.03 of the Revised Code; | 580 |
(7) Any other area the board determines appropriate to | 581 |
administer or enforce this chapter. | 582 |
(K) Annually review the rules adopted pursuant to division | 583 |
(J) of this section in order to compare those rules with the rules | 584 |
adopted by the state board of cosmetology pursuant to section | 585 |
4713.08 of the Revised Code. If the barber board determines that | 586 |
the rules adopted by the state board of cosmetology, including, | 587 |
but not limited to, rules concerning using career technical | 588 |
schools, would be beneficial to the barbering profession, the | 589 |
barber board shall adopt rules similar to those it determines | 590 |
would be beneficial for barbers. | 591 |
(L) Prior to adopting any rule under this chapter, indicate | 592 |
at a formal hearing the reasons why the rule is necessary as a | 593 |
protection of the persons who use barber services or as an | 594 |
improvement of the professional standing of barbers in this state; | 595 |
(M) Furnish each owner or manager of a barber shop and barber | 596 |
school with a copy of all sanitary rules adopted pursuant to | 597 |
division (J) of this section; | 598 |
(N) Conduct | 599 |
and establishments licensed or unlicensed pursuant to this chapter | 600 |
601 | |
authorized agents may enter and inspect any place of business of a | 602 |
licensee or a person suspected of violating this chapter or the | 603 |
rules adopted pursuant | 604 |
hours | 605 |
(O) Upon the written request of an applicant and the payment | 606 |
of the appropriate fee, provide to the applicant licensure | 607 |
information concerning the applicant; | 608 |
(P) Do all things necessary for the proper administration and | 609 |
enforcement of this chapter. | 610 |
Sec. 4709.071. (A) As used in this section, "license" and | 611 |
"applicant for an initial license" have the same meanings as in | 612 |
section 4776.01 of the Revised Code, except that "license" as used | 613 |
in both of those terms refers to the types of authorizations | 614 |
otherwise issued or conferred under this chapter. | 615 |
(B) In addition to any other eligibility requirement set | 616 |
forth in this chapter, each applicant for an initial license shall | 617 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 618 |
barber board shall not grant a license to an applicant for an | 619 |
initial license unless the applicant complies with sections | 620 |
4776.01 to 4776.04 of the Revised Code and the board, in its | 621 |
discretion, decides that the results of the criminal records check | 622 |
do not make the applicant ineligible for a license issued pursuant | 623 |
to section 4709.07, 4709.08, 4709.09, or 4709.10 of the Revised | 624 |
Code. | 625 |
Sec. 4715.101. (A) As used in this section, "license" and | 626 |
"applicant for an initial license" have the same meanings as in | 627 |
section 4776.01 of the Revised Code, except that "license" as used | 628 |
in both of those terms refers to the types of authorizations | 629 |
otherwise issued or conferred under this chapter. | 630 |
(B) In addition to any other eligibility requirement set | 631 |
forth in this chapter, each applicant for an initial license shall | 632 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 633 |
state dental board shall not grant a license to an applicant for | 634 |
an initial license unless the applicant complies with sections | 635 |
4776.01 to 4776.04 of the Revised Code and the board, in its | 636 |
discretion, decides that the results of the criminal records check | 637 |
do not make the applicant ineligible for a license issued pursuant | 638 |
to section 4715.12, 4715.16, 4715.21, or 4715.27 of the Revised | 639 |
Code. | 640 |
Sec. 4717.04. (A) The board of embalmers and funeral | 641 |
directors shall adopt rules in accordance with Chapter 119. of the | 642 |
Revised Code for the government, transaction of the business, and | 643 |
the management of the affairs of the board of embalmers and | 644 |
funeral directors and the crematory review board, and for the | 645 |
administration and enforcement of this chapter. These rules shall | 646 |
include all of the following: | 647 |
(1) The nature, scope, content, and form of the application | 648 |
that must be completed and license examination that must be passed | 649 |
in order to receive an embalmer's license or a funeral director's | 650 |
license under section 4717.05 of the Revised Code. The rules shall | 651 |
ensure both of the following: | 652 |
(a) That the embalmer's license examination tests the | 653 |
applicant's knowledge through at least a comprehensive section and | 654 |
an Ohio laws section; | 655 |
(b) That the funeral director's license examination tests the | 656 |
applicant's knowledge through at least a comprehensive section, an | 657 |
Ohio laws section, and a sanitation section. | 658 |
(2) The minimum license examination score necessary to be | 659 |
licensed under section 4717.05 of the Revised Code as an embalmer | 660 |
or as a funeral director; | 661 |
(3) Procedures for determining the dates of the embalmer's | 662 |
and funeral director's license examinations, which shall be | 663 |
administered at least once each year, the time and place of each | 664 |
examination, and the supervision required for each examination; | 665 |
(4) Procedures for determining whether the board shall accept | 666 |
an applicant's compliance with the licensure, registration, or | 667 |
certification requirements of another state as grounds for | 668 |
granting the applicant a license under this chapter; | 669 |
(5) A determination of whether completion of a nationally | 670 |
recognized embalmer's or funeral director's examination | 671 |
sufficiently meets the license requirements for the comprehensive | 672 |
section of either the embalmer's or the funeral director's license | 673 |
examination administered under this chapter; | 674 |
(6) Continuing education requirements for licensed embalmers | 675 |
and funeral directors; | 676 |
(7) Requirements for the licensing and operation of funeral | 677 |
homes; | 678 |
(8) Requirements for the licensing and operation of embalming | 679 |
facilities; | 680 |
(9) A schedule that lists, and specifies a forfeiture | 681 |
commensurate with, each of the following types of conduct which, | 682 |
for the purposes of division (A)(9) of this section and section | 683 |
4717.15 of the Revised Code, are violations of this chapter: | 684 |
(a) Obtaining a license under this chapter by fraud or | 685 |
misrepresentation either in the application or in passing the | 686 |
required examination for the license; | 687 |
(b) Purposely violating any provision of sections 4717.01 to | 688 |
4717.15 of the Revised Code or a rule adopted under any of those | 689 |
sections; division (A) or (B) of section 4717.23; division (B)(1) | 690 |
or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions | 691 |
(H) to (K) of section 4717.26; division (D)(1) of section 4717.27; | 692 |
or divisions (A) to (C) of section 4717.28 of the Revised Code; | 693 |
(c) Committing unprofessional conduct; | 694 |
(d) Knowingly permitting an unlicensed person, other than a | 695 |
person serving an apprenticeship, to engage in the profession or | 696 |
business of embalming or funeral directing under the licensee's | 697 |
supervision; | 698 |
(e) Refusing to promptly submit the custody of a dead human | 699 |
body upon the express order of the person legally entitled to the | 700 |
body; | 701 |
(f) Transferring a license to operate a funeral home, | 702 |
embalming facility, or crematory facility from one owner or | 703 |
operator to another, or from one location to another, without | 704 |
notifying the board; | 705 |
(g) Misleading the public using false or deceptive | 706 |
advertising. | 707 |
Each instance of the commission of any of the types of | 708 |
conduct described in divisions (A)(9)(a), (b), (c), (d), (e), (f), | 709 |
and (g) of this section is a separate violation. The rules adopted | 710 |
under division (A)(9) of this section shall establish the amount | 711 |
of the forfeiture for a violation of each of those divisions. The | 712 |
forfeiture for a first violation shall not exceed five thousand | 713 |
dollars, and the forfeiture for a second or subsequent violation | 714 |
shall not exceed ten thousand dollars. The amount of the | 715 |
forfeiture may differ among the types of violations according to | 716 |
what the board considers the seriousness of each violation. | 717 |
(10) Requirements for the licensing and operation of | 718 |
crematory facilities; | 719 |
(11) Procedures for the issuance of duplicate licenses; | 720 |
(12) Requirements for criminal records checks of applicants | 721 |
under section 4776.03 of the Revised Code. | 722 |
(B) The board may adopt rules governing the educational | 723 |
standards for licensure as an embalmer or funeral director and the | 724 |
standards of service and practice to be followed in embalming and | 725 |
funeral directing and in the operation of funeral homes, embalming | 726 |
facilities, and crematory facilities in this state. | 727 |
(C) Nothing in this chapter authorizes the board of embalmers | 728 |
and funeral directors to regulate cemeteries, except that the | 729 |
board shall license and regulate crematories located at cemeteries | 730 |
in accordance with this chapter. | 731 |
Sec. 4717.061. (A) As used in this section, "license" and | 732 |
"applicant for an initial license" have the same meanings as in | 733 |
section 4776.01 of the Revised Code, except that "license" as used | 734 |
in both of those terms refers to the types of authorizations | 735 |
otherwise issued or conferred under this chapter. | 736 |
(B) In addition to any other eligibility requirement set | 737 |
forth in this chapter, each applicant for an initial license shall | 738 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 739 |
board of embalmers and funeral directors shall not grant a license | 740 |
to an applicant for an initial license unless the applicant | 741 |
complies with sections 4776.01 to 4776.04 of the Revised Code and | 742 |
the board, in its discretion, decides that the results of the | 743 |
criminal records check do not make the applicant ineligible for a | 744 |
license issued pursuant to section 4717.05, 4717.06, or 4717.10 of | 745 |
the Revised Code. | 746 |
Sec. 4725.09. (A) The state board of optometry shall adopt | 747 |
rules as it considers necessary to govern the practice of | 748 |
optometry and to administer and enforce sections 4725.01 to | 749 |
4725.34 of the Revised Code. All rules adopted under those | 750 |
sections
| 751 |
in accordance with Chapter 119. of the Revised Code. | 752 |
(B) The board, in consultation with the state board of | 753 |
pharmacy, shall adopt rules specifying oral dosages of drugs or | 754 |
dangerous drugs that are therapeutic pharmaceutical agents under | 755 |
division (C)(3) of section 4725.01 of the Revised Code. | 756 |
(C) The board shall adopt rules that establish standards to | 757 |
be met and procedures to be followed with respect to the | 758 |
delegation by an optometrist of the performance of an optometric | 759 |
task to a person who is not licensed or otherwise specifically | 760 |
authorized by the Revised Code to perform the task. The rules | 761 |
shall permit an optometrist who holds a topical ocular | 762 |
pharmaceutical agents certificate or therapeutic pharmaceutical | 763 |
agents certificate to delegate the administration of drugs | 764 |
included in the optometrist's scope of practice. | 765 |
The rules adopted under this division shall provide for all | 766 |
of the following: | 767 |
(1) On-site supervision when the delegation occurs in an | 768 |
institution or other facility that is used primarily for the | 769 |
purpose of providing health care, unless the board established a | 770 |
specific exception to the on-site supervision requirement with | 771 |
respect to routine administration of a topical drug; | 772 |
(2) Evaluation of whether delegation is appropriate according | 773 |
to the acuity of the patient involved; | 774 |
(3) Training and competency requirements that must be met by | 775 |
the person administering the drugs; | 776 |
(4) Other standards and procedures the board considers | 777 |
relevant. | 778 |
(D) The state board of optometry shall adopt rules | 779 |
establishing criminal records checks requirements for applicants | 780 |
under section 4776.03 of the Revised Code. | 781 |
Sec. 4725.121. (A) As used in this section, "license" and | 782 |
"applicant for an initial license" have the same meanings as in | 783 |
section 4776.01 of the Revised Code, except that "license" as used | 784 |
in both of those terms refers to the types of authorizations | 785 |
otherwise issued or conferred under this chapter. | 786 |
(B) In addition to any other eligibility requirement set | 787 |
forth in this chapter, each applicant for an initial license shall | 788 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 789 |
state board of optometry shall not grant a license to an applicant | 790 |
for an initial license unless the applicant complies with sections | 791 |
4776.01 to 4776.04 of the Revised Code and the board, in its | 792 |
discretion, decides that the results of the criminal records check | 793 |
do not make the applicant ineligible for a license issued pursuant | 794 |
to section 4725.13 or 4725.18 of the Revised Code. | 795 |
Sec. 4725.44. (A) The Ohio optical dispensers board shall be | 796 |
responsible for the administration of sections 4725.40 to 4725.59 | 797 |
of the Revised Code and, in particular, shall process applications | 798 |
for licensure as licensed dispensing opticians and ocularists; | 799 |
schedule, administer, and supervise the qualifying examinations | 800 |
for licensure or contract with a testing service to schedule, | 801 |
administer, and supervise the qualifying examination for | 802 |
licensure; issue licenses to qualified individuals; revoke and | 803 |
suspend licenses; and maintain adequate records with respect to | 804 |
its operations and responsibilities. | 805 |
(B) The board shall adopt, amend, or rescind rules, pursuant | 806 |
to Chapter 119. of the Revised Code, for the licensure of | 807 |
dispensing opticians and ocularists, and such other rules as are | 808 |
required by or necessary to carry out the responsibilities imposed | 809 |
by sections 4725.40 to 4725.59 of the Revised Code, including | 810 |
rules establishing criminal records check requirements under | 811 |
section 4776.03 of the Revised Code. | 812 |
(C) The board shall have no authority to adopt rules | 813 |
governing the employment of dispensing opticians, the location or | 814 |
number of optical stores, advertising of optical products or | 815 |
services, or the manner in which | 816 |
displayed. | 817 |
Sec. 4725.501. (A) As used in this section, "license" and | 818 |
"applicant for an initial license" have the same meanings as in | 819 |
section 4776.01 of the Revised Code, except that "license" as used | 820 |
in both of those terms refers to the types of authorizations | 821 |
otherwise issued or conferred under this chapter. | 822 |
(B) In addition to any other eligibility requirement set | 823 |
forth in this chapter, each applicant for an initial license shall | 824 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 825 |
Ohio optical dispensers board shall not grant a license to an | 826 |
applicant for an initial license unless the applicant complies | 827 |
with sections 4776.01 to 4776.04 of the Revised Code and the | 828 |
board, in its discretion, decides that the results of the criminal | 829 |
records check do not make the applicant ineligible for a license | 830 |
issued pursuant to section 4725.50 or 4725.57 of the Revised Code. | 831 |
Sec. 4729.071. (A) As used in this section, "license" and | 832 |
"applicant for an initial license" have the same meanings as in | 833 |
section 4776.01 of the Revised Code, except that "license" as used | 834 |
in both of those terms refers to the types of authorizations | 835 |
otherwise issued or conferred under this chapter. | 836 |
(B) In addition to any other eligibility requirement set | 837 |
forth in this chapter, each applicant for an initial license shall | 838 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 839 |
state board of pharmacy shall not grant a license to an applicant | 840 |
for an initial license unless the applicant complies with sections | 841 |
4776.01 to 4776.04 of the Revised Code and the board, in its | 842 |
discretion, decides that the results of the criminal records check | 843 |
do not make the applicant ineligible for a license issued pursuant | 844 |
to section 4729.08, 4729.09, or 4729.11 of the Revised Code. | 845 |
Sec. 4730.101. In addition to any other eligibility | 846 |
requirement set forth in this chapter, each applicant for a | 847 |
certificate to practice as a physician assistant shall comply with | 848 |
sections 4776.01 to 4776.04 of the Revised Code. The state medical | 849 |
board shall not grant to an applicant a certificate to practice as | 850 |
a physician assistant unless the board, in its discretion, decides | 851 |
that the results of the criminal records check do not make the | 852 |
applicant ineligible for a certificate issued pursuant to section | 853 |
4730.12 of the Revised Code. | 854 |
Sec. 4730.14. (A) A certificate to practice as a physician | 855 |
assistant shall expire biennially and may be renewed in accordance | 856 |
with this section. A person seeking to renew a certificate to | 857 |
practice as a physician assistant shall, on or before the | 858 |
thirty-first day of January of each even-numbered year, apply for | 859 |
renewal of the certificate. The state medical board shall send | 860 |
renewal notices at least one month prior to the expiration date. | 861 |
Applications shall be submitted to the board on forms the | 862 |
board shall prescribe and furnish. Each application shall be | 863 |
accompanied by a biennial renewal fee of one hundred dollars. The | 864 |
board shall deposit the fees in accordance with section 4731.24 of | 865 |
the Revised Code. | 866 |
The applicant shall report any criminal offense that | 867 |
constitutes grounds for refusing to issue a certificate to | 868 |
practice under section 4730.25 of the Revised Code to which the | 869 |
applicant has pleaded guilty, of which the applicant has been | 870 |
found guilty, or for which the applicant has been found eligible | 871 |
for intervention in lieu of conviction, since last signing an | 872 |
application for a certificate to practice as a physician | 873 |
assistant. | 874 |
(B) To be eligible for renewal, a physician assistant shall | 875 |
certify to the board both of the following: | 876 |
(1) That the physician assistant has maintained certification | 877 |
by the national commission on certification of physician | 878 |
assistants or a successor organization that is recognized by the | 879 |
board by meeting the standards to hold current certification from | 880 |
the commission or its successor, including completion of | 881 |
continuing medical education requirements and passing periodic | 882 |
recertification examinations; | 883 |
(2) Except as provided in division (F) of this section and | 884 |
section 5903.12 of the Revised Code, that the physician assistant | 885 |
has completed during the current certification period not less | 886 |
than one hundred hours of continuing medical education acceptable | 887 |
to the board. | 888 |
(C) The board shall adopt rules in accordance with Chapter | 889 |
119. of the Revised Code specifying the types of continuing | 890 |
medical education that must be completed to fulfill the board's | 891 |
requirements under division (B)(2) of this section. Except when | 892 |
additional continuing medical education is required to renew a | 893 |
certificate to prescribe, as specified in section 4730.49 of the | 894 |
Revised Code, the board shall not adopt rules that require a | 895 |
physician assistant to complete in any certification period more | 896 |
than one hundred hours of continuing medical education acceptable | 897 |
to the board. In fulfilling the board's requirements, a physician | 898 |
assistant may use continuing medical education courses or programs | 899 |
completed to maintain certification by the national commission on | 900 |
certification of physician assistants or a successor organization | 901 |
that is recognized by the board if the standards for acceptable | 902 |
courses and programs of the commission or its successor are at | 903 |
least equivalent to the standards established by the board. | 904 |
(D) If an applicant submits a complete renewal application | 905 |
and qualifies for renewal pursuant to division (B) of this | 906 |
section, the board shall issue to the applicant a renewed | 907 |
certificate to practice as a physician assistant. | 908 |
(E) The board may require a random sample of physician | 909 |
assistants to submit materials documenting certification by the | 910 |
national commission on certification of physician assistants or a | 911 |
successor organization that is recognized by the board and | 912 |
completion of the required number of hours of continuing medical | 913 |
education. | 914 |
(F) The board shall provide for pro rata reductions by month | 915 |
of the number of hours of continuing education that must be | 916 |
completed for individuals who are in their first certification | 917 |
period, who have been disabled due to illness or accident, or who | 918 |
have been absent from the country. The board shall adopt rules, in | 919 |
accordance with Chapter 119. of the Revised Code, as necessary to | 920 |
implement this division. | 921 |
(G)(1) A certificate to practice that is not renewed on or | 922 |
before its expiration date is automatically suspended on its | 923 |
expiration date. Continued practice after suspension of the | 924 |
certificate shall be considered as practicing in violation of | 925 |
division (A) of section 4730.02 of the Revised Code. | 926 |
(2) If a certificate has been suspended pursuant to division | 927 |
(G)(1) of this section for two years or less, it may be | 928 |
reinstated. The board shall reinstate a certificate suspended for | 929 |
failure to renew upon an applicant's submission of a renewal | 930 |
application, the biennial renewal fee, and any applicable monetary | 931 |
penalty | 932 |
933 | |
934 | |
935 | |
936 |
If a certificate has been suspended pursuant to division | 937 |
(G)(1) of this division for more than two years, it may be | 938 |
restored. In accordance with section 4730.28 of the Revised Code, | 939 |
the board may restore a certificate suspended for failure to renew | 940 |
upon an applicant's submission of a restoration application, the | 941 |
biennial renewal fee, and any applicable monetary penalty and | 942 |
compliance with sections 4776.01 to 4776.04 of the Revised Code. | 943 |
The board shall not restore to an applicant a certificate to | 944 |
practice as a physician assistant unless the board, in its | 945 |
discretion, decides that the results of the criminal records check | 946 |
do not make the applicant ineligible for a certificate issued | 947 |
pursuant to section 4730.12 of the Revised Code. | 948 |
The penalty for reinstatement shall be fifty dollars and the | 949 |
penalty for restoration shall be one hundred dollars. The board | 950 |
shall deposit penalties in accordance with section 4731.24 of the | 951 |
Revised Code. | 952 |
(H) If an individual certifies that the individual has | 953 |
completed the number of hours and type of continuing medical | 954 |
education required for renewal or reinstatement of a certificate | 955 |
to practice as a physician assistant, and the board finds through | 956 |
a random sample conducted under division (E) of this section or | 957 |
through any other means that the individual did not complete the | 958 |
requisite continuing medical education, the board may impose a | 959 |
civil penalty of not more than five thousand dollars. The board's | 960 |
finding shall be made pursuant to an adjudication under Chapter | 961 |
119. of the Revised Code and by an affirmative vote of not fewer | 962 |
than six members. | 963 |
A civil penalty imposed under this division may be in | 964 |
addition to or in lieu of any other action the board may take | 965 |
under section 4730.25 of the Revised Code. The board shall deposit | 966 |
civil penalties in accordance with section 4731.24 of the Revised | 967 |
Code. | 968 |
Sec. 4730.28. (A) An individual whose certificate to practice | 969 |
as a physician assistant has been suspended or is in an inactive | 970 |
state for any cause for more than two years may apply to the state | 971 |
medical board to have the certificate restored. | 972 |
(B)(1) | 973 |
certificate under this section | 974 |
with sections 4776.01 to 4776.04 of the Revised Code. The board | 975 |
shall determine the applicant's present fitness to resume | 976 |
practice. The board shall consider the moral background and the | 977 |
activities of the applicant during the period of suspension or | 978 |
inactivity. | 979 |
(2) When restoring a certificate, the board may impose terms | 980 |
and conditions, including the following: | 981 |
(a) Requiring the applicant to obtain additional training and | 982 |
pass an examination upon completion of the training; | 983 |
(b) Restricting or limiting the extent, scope, or type of | 984 |
practice as a physician assistant that the individual may resume. | 985 |
Sec. 4731.081. In addition to any other eligibility | 986 |
requirement set forth in this chapter, each applicant for a | 987 |
certificate to practice medicine and surgery or osteopathic | 988 |
medicine and surgery shall comply with sections 4776.01 to 4776.04 | 989 |
of the Revised Code. The state medical board shall not grant to an | 990 |
applicant a certificate to practice medicine and surgery or | 991 |
osteopathic medicine and surgery unless the board, in its | 992 |
discretion, decides that the results of the criminal records check | 993 |
do not make the applicant ineligible for a certificate issued | 994 |
pursuant to section 4731.14 of the Revised Code. | 995 |
Sec. 4731.15. (A)(1) The state medical board also shall | 996 |
regulate the following limited branches of medicine: massage | 997 |
therapy and cosmetic therapy, and to the extent specified in | 998 |
section 4731.151 of the Revised Code, naprapathy and | 999 |
mechanotherapy. The board shall adopt rules governing the limited | 1000 |
branches of medicine under its jurisdiction. The rules shall be | 1001 |
adopted in accordance with Chapter 119. of the Revised Code. | 1002 |
(2) As used in this chapter, "cosmetic therapy" means the | 1003 |
permanent removal of hair from the human body through the use of | 1004 |
electric modalities approved by the board for use in cosmetic | 1005 |
therapy, and additionally may include the systematic friction, | 1006 |
stroking, slapping, and kneading or tapping of the face, neck, | 1007 |
scalp, or shoulders. | 1008 |
(B) All persons who hold a certificate to practice a limited | 1009 |
branch of medicine issued by the state medical board, whether | 1010 |
residents of this state or not, shall on or before the first day | 1011 |
of June of each odd-numbered year, register with the state medical | 1012 |
board on a form prescribed by the board and shall pay at such time | 1013 |
a biennial registration fee of fifty dollars. At least one month | 1014 |
in advance of the date of registration, a written notice that the | 1015 |
biennial registration fee is due on or before the first day of | 1016 |
June shall be sent to each holder of a certificate to practice a | 1017 |
limited branch of medicine, at the person's last known address. | 1018 |
All persons who hold a certificate to practice a limited branch of | 1019 |
medicine issued by the state medical board shall provide the board | 1020 |
written notice of any change of address. | 1021 |
A certificate to practice a limited branch of medicine shall | 1022 |
be automatically suspended if the fee is not paid by the first day | 1023 |
of September of the year it is due. Continued practice after the | 1024 |
suspension of the certificate to practice shall be considered as | 1025 |
practicing in violation of sections 4731.34 and 4731.41 of the | 1026 |
Revised Code. Subject to section 4731.222 of the Revised Code, if | 1027 |
a certificate to practice has been suspended pursuant to this | 1028 |
division for two years or less, the board shall reinstate a | 1029 |
certificate to
practice
suspended for failure to register
| 1030 |
an applicant's submission of a renewal application and payment of | 1031 |
the biennial registration fee and the applicable monetary penalty. | 1032 |
With regard to reinstatement of a certificate to practice cosmetic | 1033 |
therapy, the applicant also shall submit with the application a | 1034 |
certification that the number of hours of continuing education | 1035 |
necessary to have a suspended certificate reinstated have been | 1036 |
completed, as specified in rules the board shall adopt in | 1037 |
accordance with Chapter 119. of the Revised Code. The penalty for | 1038 |
reinstatement shall be twenty-five dollars
| 1039 |
certificate has been suspended | 1040 |
1041 | |
division for more than two years, it may be restored upon an | 1042 |
applicant's submission of a restoration application, the biennial | 1043 |
registration fee, and the applicable monetary penalty and | 1044 |
compliance with sections 4776.01 to 4776.04 of the Revised Code. | 1045 |
The board shall not restore to an applicant a certificate to | 1046 |
practice unless the board, in its discretion, decides that the | 1047 |
results of the criminal records check do not make the applicant | 1048 |
ineligible for a certificate issued pursuant to section 4731.18 of | 1049 |
the Revised Code. The penalty for restoration is fifty dollars. | 1050 |
Sec. 4731.171. In addition to any other eligibility | 1051 |
requirement set forth in this chapter, each applicant for a | 1052 |
certificate to practice massage therapy or cosmetic therapy shall | 1053 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 1054 |
state medical board shall not grant to an applicant a certificate | 1055 |
to practice massage therapy or cosmetic therapy unless the board, | 1056 |
in its discretion, decides that the results of the criminal | 1057 |
records check do not make the applicant ineligible for a | 1058 |
certificate issued pursuant to section 4731.18 of the Revised | 1059 |
Code. | 1060 |
Sec. 4731.222. Before restoring to good standing a | 1061 |
certificate issued under this chapter that has been in a suspended | 1062 |
or inactive state for any cause for more than two years, or before | 1063 |
issuing a certificate pursuant to section 4731.18, 4731.29, | 1064 |
4731.295, 4731.57, or 4731.571 of the Revised Code to an applicant | 1065 |
who for more than two years has not been engaged in the practice | 1066 |
of medicine, osteopathic medicine, podiatric medicine and surgery, | 1067 |
or a limited branch of medicine as an active practitioner, as a | 1068 |
participant in a program of graduate medical education, as defined | 1069 |
in section 4731.091 of the Revised Code, as a student in a college | 1070 |
of podiatry determined by the board to be in good standing, or as | 1071 |
a student in a school, college, or institution giving instruction | 1072 |
in a limited branch of medicine determined by the board to be in | 1073 |
good standing under section 4731.19 of the Revised Code, the state | 1074 |
medical board may require the applicant to pass an oral or written | 1075 |
examination, or both, to determine the applicant's present fitness | 1076 |
to resume practice. | 1077 |
The authority of the board to impose terms and conditions | 1078 |
includes the following: | 1079 |
(A) Requiring the applicant to obtain additional training and | 1080 |
to pass an examination upon completion of such training; | 1081 |
(B) Restricting or limiting the extent, scope, or type of | 1082 |
practice of the applicant. | 1083 |
The board shall consider the moral background and the | 1084 |
activities of the applicant during the period of suspension or | 1085 |
inactivity, in accordance with section 4731.08 of the Revised | 1086 |
Code. The board shall not restore a certificate under this section | 1087 |
unless the applicant complies with sections 4776.01 to 4776.04 of | 1088 |
the Revised Code. | 1089 |
Sec. 4731.281. (A) On or before the deadline established | 1090 |
under division (B) of this section for applying for renewal of a | 1091 |
certificate of registration, each person holding a certificate | 1092 |
under this chapter to practice medicine and surgery, osteopathic | 1093 |
medicine and surgery, or podiatric medicine and surgery shall | 1094 |
certify to the state medical board that in the preceding two years | 1095 |
the person has completed one hundred hours of continuing medical | 1096 |
education. The certification shall be made upon the application | 1097 |
for biennial registration submitted pursuant to division (B) of | 1098 |
this section. The board shall adopt rules providing for pro rata | 1099 |
reductions by month of the number of hours of continuing education | 1100 |
required for persons who are in their first registration period, | 1101 |
who have a registration period of less than two years due to | 1102 |
initial implementation of the staggered renewal schedule | 1103 |
established under division (B) of this section, who have been | 1104 |
disabled due to illness or accident, or who have been absent from | 1105 |
the country. | 1106 |
In determining whether a course, program, or activity | 1107 |
qualifies for credit as continuing medical education, the board | 1108 |
shall approve all continuing medical education taken by persons | 1109 |
holding a certificate to practice medicine and surgery that is | 1110 |
certified by the Ohio state medical association, all continuing | 1111 |
medical education taken by persons holding a certificate to | 1112 |
practice osteopathic medicine and surgery that is certified by the | 1113 |
Ohio osteopathic association, and all continuing medical education | 1114 |
taken by persons holding a certificate to practice podiatry that | 1115 |
is certified by the Ohio podiatric medical association. Each | 1116 |
person holding a certificate to practice under this chapter shall | 1117 |
be given sufficient choice of continuing education programs to | 1118 |
ensure that the person has had a reasonable opportunity to | 1119 |
participate in continuing education programs that are relevant to | 1120 |
the person's medical practice in terms of subject matter and | 1121 |
level. | 1122 |
The board may require a random sample of persons holding a | 1123 |
certificate to practice under this chapter to submit materials | 1124 |
documenting completion of the continuing medical education | 1125 |
requirement during the preceding registration period, but this | 1126 |
provision shall not limit the board's authority to investigate | 1127 |
pursuant to section 4731.22 of the Revised Code. | 1128 |
(B)(1) Every person holding a certificate under this chapter | 1129 |
to practice medicine and surgery, osteopathic medicine and | 1130 |
surgery, or podiatric medicine and surgery wishing to renew that | 1131 |
certificate shall apply to the board for a certificate of | 1132 |
registration upon an application furnished by the board, and pay | 1133 |
to the board at the time of application a fee of three hundred | 1134 |
five dollars, according to the following schedule: | 1135 |
(a) Persons whose last name begins with the letters "A" | 1136 |
through "B," on or before April 1, 2001, and the first day of | 1137 |
April of every odd-numbered year thereafter; | 1138 |
(b) Persons whose last name begins with the letters "C" | 1139 |
through "D," on or before January 1, 2001, and the first day of | 1140 |
January of every odd-numbered year thereafter; | 1141 |
(c) Persons whose last name begins with the letters "E" | 1142 |
through "G," on or before October 1, 2000, and the first day of | 1143 |
October of every even-numbered year thereafter; | 1144 |
(d) Persons whose last name begins with the letters "H" | 1145 |
through "K," on or before July 1, 2000, and the first day of July | 1146 |
of every even-numbered year thereafter; | 1147 |
(e) Persons whose last name begins with the letters "L" | 1148 |
through "M," on or before April 1, 2000, and the first day of | 1149 |
April of every even-numbered year thereafter; | 1150 |
(f) Persons whose last name begins with the letters "N" | 1151 |
through "R," on or before January 1, 2000, and the first day of | 1152 |
January of every even-numbered year thereafter; | 1153 |
(g) Persons whose last name begins
with the | 1154 |
"S," on or before October 1, 1999, and the first day of October of | 1155 |
every odd-numbered year thereafter; | 1156 |
(h) Persons whose last name begins with the letters "T" | 1157 |
through "Z," on or before July 1, 1999, and the first day of July | 1158 |
of every odd-numbered year thereafter. | 1159 |
The board shall deposit the fee in accordance with section | 1160 |
4731.24 of the Revised Code, except that the board shall deposit | 1161 |
twenty dollars of the fee into the state treasury to the credit of | 1162 |
the physician loan repayment fund created by section 3702.78 of | 1163 |
the Revised Code. | 1164 |
(2) The board shall mail or cause to be mailed to every | 1165 |
person registered to practice medicine and surgery, osteopathic | 1166 |
medicine and surgery, or podiatric medicine and surgery, an | 1167 |
application for registration addressed to the person's last known | 1168 |
post-office address or may cause the application to be sent to the | 1169 |
person through the secretary of any recognized medical, | 1170 |
osteopathic, or podiatric society, according to the following | 1171 |
schedule: | 1172 |
(a) To persons whose last name begins with the letters "A" | 1173 |
through "B," on or before January 1, 2001, and the first day of | 1174 |
January of every odd-numbered year thereafter; | 1175 |
(b) To persons whose last name begins with the letters "C" | 1176 |
through "D," on or before October 1, 2000, and the first day of | 1177 |
October of every even-numbered year thereafter; | 1178 |
(c) To persons whose last name begins with the letters "E" | 1179 |
through "G," on or before July 1, 2000, and the first day of July | 1180 |
of every even-numbered year thereafter; | 1181 |
(d) To persons whose last name begins with the letters "H" | 1182 |
through "K," on or before April 1, 2000, and the first day of | 1183 |
April of every even-numbered year thereafter; | 1184 |
(e) To persons whose last name begins with the letters "L" | 1185 |
through "M," on or before January 1, 2000, and the first day of | 1186 |
January of every even-numbered year thereafter; | 1187 |
(f) To persons whose last name begins with the letters "N" | 1188 |
through "R," on or before October 1, 1999, and the first day of | 1189 |
October of every odd-numbered year thereafter; | 1190 |
(g) To persons whose last name begins
with the | 1191 |
"S," on or before July 1, 1999, and the first day of July of every | 1192 |
odd-numbered year thereafter; | 1193 |
(h) To persons whose last name begins with the letters "T" | 1194 |
through "Z," on or before April 1, 1999, and the first day of | 1195 |
April of every
odd-numbered year thereafter | 1196 |
Failure of any person to receive an application from the | 1197 |
board shall not excuse the person from the requirements contained | 1198 |
in this section. The application shall contain proper spaces for | 1199 |
the applicant's signature and the insertion of the required | 1200 |
information, including a statement that the person has fulfilled | 1201 |
the continuing education requirements imposed by this section. | 1202 |
The applicant shall write or cause to be written upon the | 1203 |
application so furnished the applicant's full name, principal | 1204 |
practice address and residence address, the number of the | 1205 |
applicant's certificate to practice, and any other facts for the | 1206 |
identification of the applicant as a person holding a certificate | 1207 |
to practice under this chapter as the board considers necessary. | 1208 |
The applicant shall include with the application a list of the | 1209 |
names and addresses of any clinical nurse specialists, certified | 1210 |
nurse-midwives, or certified nurse practitioners with whom the | 1211 |
applicant is currently collaborating, as defined in section | 1212 |
4723.01 of the Revised Code. The applicant shall execute and | 1213 |
deliver the application to the board by mail or in person. Every | 1214 |
person registered under this section shall give written notice to | 1215 |
the board of any change of principal practice address or residence | 1216 |
address or in the list within thirty days of the change. | 1217 |
The applicant shall report any criminal offense that | 1218 |
constitutes grounds for refusal of registration under section | 1219 |
4731.22 of the Revised Code to which the applicant has pleaded | 1220 |
guilty, of which the applicant has been found guilty, or for which | 1221 |
the applicant has been found eligible for intervention in lieu of | 1222 |
conviction, since last signing an application for a certificate of | 1223 |
registration. | 1224 |
(C) The board shall issue to any person holding a certificate | 1225 |
under this chapter to practice medicine and surgery, osteopathic | 1226 |
medicine and surgery, or podiatric medicine and surgery, upon | 1227 |
application and qualification therefor in accordance with this | 1228 |
section, a certificate of registration under the seal of the | 1229 |
board. A certificate of registration shall be valid for a two-year | 1230 |
period, commencing on the first day of the third month after the | 1231 |
registration fee is due and expiring on the last day of the month | 1232 |
two years thereafter. | 1233 |
The board shall publish and cause to be mailed to each person | 1234 |
registered under this section, upon request, a printed list of the | 1235 |
persons so registered. | 1236 |
(D) Failure of any certificate holder to register and comply | 1237 |
with this section shall operate automatically to suspend the | 1238 |
holder's certificate to practice. Continued practice after the | 1239 |
suspension of the certificate to practice shall be considered as | 1240 |
practicing in violation of section 4731.41, 4731.43, or 4731.60 of | 1241 |
the Revised Code. If the certificate has been suspended pursuant | 1242 |
to this division for two years or less, it may be reinstated. The | 1243 |
board shall reinstate a certificate to practice for failure to | 1244 |
register upon an applicant's submission of a renewal application, | 1245 |
the biennial registration fee, and the applicable monetary | 1246 |
penalty | 1247 |
1248 | |
1249 | |
If the certificate has been suspended pursuant to this division | 1250 |
for more than two years, it may be restored. In accordance with | 1251 |
section 4731.222 of the Revised Code, the board may restore a | 1252 |
certificate to practice for failure to register upon an | 1253 |
applicant's submission of a restoration application, the biennial | 1254 |
registration fee, and the applicable monetary penalty and | 1255 |
compliance with sections 4776.01 to 4776.04 of the Revised Code. | 1256 |
The board shall not restore to an applicant a certificate to | 1257 |
practice unless the board, in its discretion, decides that the | 1258 |
results of the criminal records check do not make the applicant | 1259 |
ineligible for a certificate issued pursuant to section 4731.14, | 1260 |
4731.56, or 4731.57 of the Revised Code. The penalty for | 1261 |
restoration shall be one hundred dollars. The board shall deposit | 1262 |
the penalties in accordance with section 4731.24 of the Revised | 1263 |
Code. | 1264 |
(E) If an individual certifies completion of the number of | 1265 |
hours and type of continuing medical education required to receive | 1266 |
a certificate of registration or reinstatement of a certificate to | 1267 |
practice, and the board finds through the random samples it | 1268 |
conducts under this section or through any other means that the | 1269 |
individual did not complete the requisite continuing medical | 1270 |
education, the board may impose a civil penalty of not more than | 1271 |
five thousand dollars. The board's finding shall be made pursuant | 1272 |
to an adjudication under Chapter 119. of the Revised Code and by | 1273 |
an affirmative vote of not fewer than six members. | 1274 |
A civil penalty imposed under this division may be in | 1275 |
addition to or in lieu of any other action the board may take | 1276 |
under section 4731.22 of the Revised Code. The board shall deposit | 1277 |
civil penalties in accordance with section 4731.24 of the Revised | 1278 |
Code. | 1279 |
(F) The state medical board may obtain information not | 1280 |
protected by statutory or common law privilege from courts and | 1281 |
other sources concerning malpractice claims against any person | 1282 |
holding a certificate to practice under this chapter or practicing | 1283 |
as provided in section 4731.36 of the Revised Code. | 1284 |
(G) Each mailing sent by the board under division (B)(2) of | 1285 |
this section to a person registered to practice medicine and | 1286 |
surgery or osteopathic medicine and surgery shall inform the | 1287 |
applicant of the reporting requirement established by division (H) | 1288 |
of section 3701.79 of the Revised Code. At the discretion of the | 1289 |
board, the information may be included on the application or on an | 1290 |
accompanying page. | 1291 |
Sec. 4731.296. (A) For the purposes of this section, "the | 1292 |
practice of telemedicine" means the practice of medicine in this | 1293 |
state through the use of any communication, including oral, | 1294 |
written, or electronic communication, by a physician located | 1295 |
outside this state. | 1296 |
(B) A person who wishes to practice telemedicine in this | 1297 |
state shall file an application with the state medical board, | 1298 |
together with a fee in the amount of the fee described in division | 1299 |
(D) of section 4731.29
of the Revised Code | 1300 |
sections 4776.01 to 4776.04 of the Revised Code. If the board, in | 1301 |
its discretion, decides that the results of the criminal records | 1302 |
check do not make the person ineligible for a telemedicine | 1303 |
certificate, the board may issue, without examination, a | 1304 |
telemedicine certificate to a person who meets all of the | 1305 |
following requirements: | 1306 |
(1) The person holds a current, unrestricted license to | 1307 |
practice medicine and surgery or osteopathic medicine and surgery | 1308 |
issued by another state that requires license holders to complete | 1309 |
at least fifty hours of continuing medical education every two | 1310 |
years. | 1311 |
(2) The person's principal place of practice is in that | 1312 |
state. | 1313 |
(3) The person does not hold a certificate issued under this | 1314 |
chapter authorizing the practice of medicine and surgery or | 1315 |
osteopathic medicine and surgery in this state. | 1316 |
(4) The person meets the same age, moral character, and | 1317 |
educational requirements individuals must meet under sections | 1318 |
4731.08, 4731.09, 4731.091, and 4731.14 of the Revised Code and, | 1319 |
if applicable, demonstrates proficiency in spoken English in | 1320 |
accordance with division (E) of section 4731.29 of the Revised | 1321 |
Code. | 1322 |
(C) The holder of a telemedicine certificate may engage in | 1323 |
the practice of telemedicine in this state. A person holding a | 1324 |
telemedicine certificate shall not practice medicine in person in | 1325 |
this state without obtaining a special activity certificate under | 1326 |
section 4731.294 of the Revised Code. | 1327 |
(D) The board may revoke a certificate issued under this | 1328 |
section or take other disciplinary action against a certificate | 1329 |
holder pursuant to section 4731.22 of the Revised Code on | 1330 |
receiving proof satisfactory to the board that the certificate | 1331 |
holder has engaged in practice in this state outside the scope of | 1332 |
the certificate or that there are grounds for action against the | 1333 |
holder under section 4731.22 of the Revised Code. | 1334 |
(E) A telemedicine certificate shall be valid for a period | 1335 |
specified by the board, and the initial renewal shall be in | 1336 |
accordance with a schedule established by the board. Thereafter, | 1337 |
the certificate shall be valid for two years. A certificate may be | 1338 |
renewed on application of the holder. | 1339 |
To be eligible for renewal, the holder of the certificate | 1340 |
shall do both of the following: | 1341 |
(1) Pay a fee in the amount of the fee described in division | 1342 |
(B)(1) of section 4731.281 of the Revised Code; | 1343 |
(2) Certify to the board compliance with the continuing | 1344 |
medical education requirements of the state in which the holder's | 1345 |
principal place of practice is located. | 1346 |
The board may require a random sample of persons holding a | 1347 |
telemedicine certificate to submit materials documenting | 1348 |
completion of the continuing medical education requirements | 1349 |
described in this division. | 1350 |
(F) The board shall convert a telemedicine certificate to a | 1351 |
certificate issued under section 4731.29 of the Revised Code on | 1352 |
receipt of a written request from the certificate holder. Once the | 1353 |
telemedicine certificate is converted, the holder is subject to | 1354 |
all requirements and privileges attendant to a certificate issued | 1355 |
under section 4731.29 of the Revised Code, including continuing | 1356 |
medical education requirements. | 1357 |
Sec. 4731.531. In addition to any other eligibility | 1358 |
requirement set forth in this chapter, each applicant for a | 1359 |
certificate to practice podiatric medicine and surgery shall | 1360 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 1361 |
state medical board shall not grant to an applicant a certificate | 1362 |
to practice podiatric medicine and surgery unless the board, in | 1363 |
its discretion, decides that the results of the criminal records | 1364 |
check do not make the applicant ineligible for a certificate | 1365 |
issued pursuant to section 4731.56 or 4731.57 of the Revised Code. | 1366 |
Sec. 4732.091. (A) As used in this section, "license" and | 1367 |
"applicant for an initial license" have the same meanings as in | 1368 |
section 4776.01 of the Revised Code, except that "license" as used | 1369 |
in both of those terms refers to the types of authorizations | 1370 |
otherwise issued or conferred under this chapter. | 1371 |
(B) In addition to any other eligibility requirement set | 1372 |
forth in this chapter, each applicant for an initial license shall | 1373 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 1374 |
state board of psychology shall not grant a license to an | 1375 |
applicant for an initial license unless the applicant complies | 1376 |
with sections 4776.01 to 4776.04 of the Revised Code and the | 1377 |
board, in its discretion, decides that the results of the criminal | 1378 |
records check do not make the applicant ineligible for a license | 1379 |
issued pursuant to section 4732.14 of the Revised Code. | 1380 |
Sec. 4734.202. (A) As used in this section, "license" and | 1381 |
"applicant for an initial license" have the same meanings as in | 1382 |
section 4776.01 of the Revised Code, except that "license" as used | 1383 |
in both of those terms refers to the types of authorizations | 1384 |
otherwise issued or conferred under this chapter. | 1385 |
(B) In addition to any other eligibility requirement set | 1386 |
forth in this chapter, each applicant for an initial license shall | 1387 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 1388 |
state chiropractic board shall not grant a license to an applicant | 1389 |
for an initial license unless the applicant complies with sections | 1390 |
4776.01 to 4776.04 of the Revised Code and the board, in its | 1391 |
discretion, decides that the results of the criminal records check | 1392 |
do not make the applicant ineligible for a license issued pursuant | 1393 |
to section 4734.20, 4734.23, or 4734.27 of the Revised Code. | 1394 |
Sec. 4740.04. The administrative section of the Ohio | 1395 |
construction industry licensing board is responsible for the | 1396 |
administration of this chapter and shall do all of the following: | 1397 |
(A) Schedule the contractor examinations each of the other | 1398 |
sections of the board directs. Each type of examination shall be | 1399 |
held at least four times per year. | 1400 |
(B) Select and contract with one or more persons to do all of | 1401 |
the following relative to the examinations: | 1402 |
(1) Prepare, administer, score, and maintain the | 1403 |
confidentiality of the examinations; | 1404 |
(2) Be responsible for all the expenses required to fulfill | 1405 |
division (B)(1) of this section; | 1406 |
(3) Charge an applicant a fee in an amount the | 1407 |
administrative section of the board authorizes for administering | 1408 |
the examination; | 1409 |
(4) Design the examination for each type of contractor to | 1410 |
determine an applicant's competence to perform that type of | 1411 |
contracting. | 1412 |
(C) Issue and renew licenses as follows: | 1413 |
(1) Issue a license to any individual who the appropriate | 1414 |
section of the board determines is qualified pursuant to section | 1415 |
4740.06 of the Revised Code to hold a license and has attained a | 1416 |
score on the examination that the appropriate section authorizes | 1417 |
for the licensed trade. | 1418 |
(a) Each license shall include a license number and an | 1419 |
expiration date. | 1420 |
(b) Each license issued to an individual who holds more than | 1421 |
one valid license shall contain the same license number and | 1422 |
expiration date as the original license issued to that individual. | 1423 |
(2) Renew licenses for individuals who meet the renewal | 1424 |
requirements of section 4740.06 of the Revised Code. | 1425 |
(D) Make an annual written report to the director of commerce | 1426 |
on proceedings had by or before the board for the previous year | 1427 |
and make an annual statement of all money received and expended by | 1428 |
the board during the year; | 1429 |
(E) Keep a record containing the name, address, the date on | 1430 |
which the board issues or renews a license to, and the license | 1431 |
number of, every heating, ventilating, and air conditioning | 1432 |
contractor, refrigeration contractor, electrical contractor, | 1433 |
plumbing contractor, and hydronics contractor issued a license | 1434 |
pursuant to this chapter; | 1435 |
(F) Regulate a contractor's use and display of a license | 1436 |
issued pursuant to this chapter and of any information contained | 1437 |
in that license; | 1438 |
(G) Adopt rules in accordance with Chapter 119. of the | 1439 |
Revised Code as necessary to properly discharge the administrative | 1440 |
section's duties under this chapter. The rules shall include, but | 1441 |
not be limited to, the following: | 1442 |
(1) Application procedures for examinations; | 1443 |
(2) Specifications for continuing education requirements for | 1444 |
license renewal that address all of the following: | 1445 |
(a) A requirement that an individual who holds any number of | 1446 |
valid and unexpired licenses accrue a total of ten hours of | 1447 |
continuing education courses per year; | 1448 |
(b) Fees the board charges to persons who provide continuing | 1449 |
education courses, in an amount of twenty-five dollars annually | 1450 |
for each person approved to provide courses, not more than ten | 1451 |
dollars plus one dollar per credit hour for each course offered, | 1452 |
and one dollar per credit hour of instruction per attendee; | 1453 |
(c) A provision limiting approval of continuing education | 1454 |
courses to one year. | 1455 |
(3) Requirements for criminal records checks of applicants | 1456 |
under section 4776.03 of the Revised Code. | 1457 |
(H) Adopt any continuing education curriculum as the other | 1458 |
sections of the board establish or approve pursuant to division | 1459 |
(C) of section 4740.05 of the Revised Code; | 1460 |
(I) Keep a record of its proceedings and do all things | 1461 |
necessary to carry out this chapter. | 1462 |
Sec. 4740.061. (A) As used in this section, "license" and | 1463 |
"applicant for an initial license" have the same meanings as in | 1464 |
section 4776.01 of the Revised Code, except that "license" as used | 1465 |
in both of those terms refers to the types of authorizations | 1466 |
otherwise issued or conferred under this chapter. | 1467 |
(B) In addition to any other eligibility requirement set | 1468 |
forth in this chapter, each applicant for an initial license shall | 1469 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 1470 |
Ohio construction industry licensing board shall not grant a | 1471 |
license to an applicant for an initial license unless the | 1472 |
applicant complies with sections 4776.01 to 4776.04 of the Revised | 1473 |
Code and the board, in its discretion, decides that the results of | 1474 |
the criminal records check do not make the applicant ineligible | 1475 |
for a license issued pursuant to section 4740.04 or 4740.08 of the | 1476 |
Revised Code. | 1477 |
Sec. 4741.10. (A) As used in this section, "license" and | 1478 |
"applicant for an initial license" have the same meanings as in | 1479 |
section 4776.01 of the Revised Code, except that "license" as used | 1480 |
in both of those terms refers to the types of authorizations | 1481 |
otherwise issued or conferred under this chapter. | 1482 |
(B) In addition to any other eligibility requirement set | 1483 |
forth in this chapter, each applicant for an initial license shall | 1484 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 1485 |
state veterinary medical licensing board shall not grant a license | 1486 |
to an applicant for an initial license unless the applicant | 1487 |
complies with sections 4776.01 to 4776.04 of the Revised Code and | 1488 |
the board, in its discretion, decides that the results of the | 1489 |
criminal records check do not make the applicant ineligible for a | 1490 |
license issued pursuant to section 4741.11, 4741.12, 4741.13, or | 1491 |
4741.14 of the Revised Code. | 1492 |
Sec. 4755.06. The occupational therapy section of the Ohio | 1493 |
occupational therapy, physical therapy, and athletic trainers | 1494 |
board may make reasonable rules in accordance with Chapter 119. of | 1495 |
the Revised Code relating to, but not limited to, the following: | 1496 |
(A) The form and manner for filing applications for licensure | 1497 |
under sections 4755.04 to 4755.13 of the Revised Code; | 1498 |
(B) The issuance, suspension, and revocation of | 1499 |
licenses | 1500 |
(C) Standards for approval of courses of study relative to | 1501 |
the practice of occupational therapy; | 1502 |
(D) The time and form of examination for | 1503 |
(E) Standards of ethical conduct in the practice of | 1504 |
occupational therapy; | 1505 |
(F) The form and manner for filing applications for renewal | 1506 |
and a schedule of deadlines for renewal; | 1507 |
(G) Late fees and the conditions under which a license of a | 1508 |
licensee who files a late application for renewal will be | 1509 |
reinstated; | 1510 |
(H) Placing an existing license in escrow; | 1511 |
(I) The amount, scope, and nature of continuing education | 1512 |
activities required for license renewal, including waivers and the | 1513 |
establishment of appropriate fees to be charged for the | 1514 |
administrative costs associated with the review of continuing | 1515 |
education activities; | 1516 |
(J) Limited permit guidelines; | 1517 |
(K) Requirements for criminal records checks of applicants | 1518 |
under section 4776.03 of the Revised Code. | 1519 |
The section may hear testimony in matters relating to the | 1520 |
duties imposed upon it, and the chairperson and secretary of the | 1521 |
section may administer oaths. The section may require proof, | 1522 |
beyond the evidence found in the application, of the honesty, | 1523 |
truthfulness, and good reputation of any person named in an | 1524 |
application for such licensure, before admitting the applicant to | 1525 |
an examination or issuing a license. | 1526 |
Sec. 4755.61. (A) The athletic trainers section of the Ohio | 1527 |
occupational therapy, physical therapy, and athletic trainers | 1528 |
board shall: | 1529 |
(1) Adopt rules, not inconsistent with this chapter, for the | 1530 |
licensure of athletic trainers, including rules that specify the | 1531 |
application form and educational course work and clinical | 1532 |
experience requirements for licensure and rules that prescribe | 1533 |
requirements for criminal records checks of applicants under | 1534 |
section 4776.03 of the Revised Code; | 1535 |
(2) Establish and deposit fees in accordance with division | 1536 |
(B) of this section and section 4755.03 of the Revised Code; | 1537 |
(3) Conduct hearings, keep records of its proceedings, and do | 1538 |
all things necessary and proper to administer and enforce sections | 1539 |
4755.60 to 4755.65 of the Revised Code; | 1540 |
(4) Publish and make available, upon request and for a fee | 1541 |
not to exceed the actual cost of printing and mailing, the | 1542 |
requirements for the issuance of an athletic trainers license | 1543 |
under this chapter and the rules adopted | 1544 |
(5) Maintain a register of every person licensed to practice | 1545 |
athletic training in this state, including the addresses of the | 1546 |
licensee's last known place of business and residence, and the | 1547 |
effective date and identification number of the person's license. | 1548 |
The section shall make this list available to any person upon | 1549 |
request and payment of a fee not to exceed the actual cost of | 1550 |
printing and mailing. | 1551 |
(6) Publish and make available, upon request and for a fee | 1552 |
not to exceed the actual cost of printing and mailing, a list of | 1553 |
persons who passed the examination required under section 4755.62 | 1554 |
of the Revised Code; | 1555 |
(7) Investigate complaints concerning alleged violations of | 1556 |
section 4755.62 of the Revised Code or other grounds for the | 1557 |
suspension, revocation, or refusal to issue a license under | 1558 |
section 3123.47 or 4755.64 of the Revised Code. In connection with | 1559 |
its investigations, the athletic trainers section may subpoena | 1560 |
witnesses, issue subpoenas, examine witnesses, administer oaths, | 1561 |
and, under the direction of the executive director of the board, | 1562 |
investigate complaints and make inspections and other inquiries as | 1563 |
in the judgment of the section are appropriate to enforce sections | 1564 |
3123.41 to 3123.50 and this chapter of the Revised Code. The | 1565 |
section may review and audit the records of any licensee during | 1566 |
normal business hours at the licensee's place of business or at | 1567 |
any other place where the licensee's records are kept. | 1568 |
Notwithstanding section 149.43 of the Revised Code, the athletic | 1569 |
trainers section and its employees, except pursuant to a court | 1570 |
order, shall maintain in confidence all information obtained. | 1571 |
(8) Adopt rules governing the nature and scope of the | 1572 |
examination required under section 4755.62 of the Revised Code and | 1573 |
the reexamination required under section 4755.63 of the Revised | 1574 |
Code and the minimum examination score for licensure or renewal | 1575 |
thereof. The rules for the examination required under section | 1576 |
4755.62 of the Revised Code shall ensure the testing of the | 1577 |
applicant's knowledge of the basic and clinical sciences relating | 1578 |
to athletic training theory and practice, including professional | 1579 |
skills and judgment in the utilization of athletic training | 1580 |
techniques and such other subjects as the athletic trainers | 1581 |
section considers useful in determining competency to practice | 1582 |
athletic training. | 1583 |
(9) Conduct the examination required under section 4755.62 of | 1584 |
the Revised Code at least twice a year at a time and place and | 1585 |
under such supervision as the athletic trainers section | 1586 |
determines; | 1587 |
(10) Adopt rules to determine which states' standards for | 1588 |
licensure are equal to or greater than this state's for the | 1589 |
purpose of waiving requirements under division (D) of section | 1590 |
4755.62 of the Revised Code; | 1591 |
(11) Adopt rules to determine which examinations meet the | 1592 |
requirements of division (E) of section 4755.62 of the Revised | 1593 |
Code; | 1594 |
(12) Adopt rules establishing the standards of ethical | 1595 |
conduct for licensed athletic trainers under this chapter; | 1596 |
(13) Adopt rules specifying the scope and nature of the | 1597 |
continuing education courses that are acceptable to the athletic | 1598 |
trainers section and the number of courses that must be completed | 1599 |
to comply with the requirement for renewal of a license under | 1600 |
section 4755.63 of the Revised Code. | 1601 |
(14) Adopt rules establishing the schedule when licenses to | 1602 |
practice as an athletic trainer expire during a biennium for | 1603 |
purposes of section 4755.63 of the Revised Code. | 1604 |
(B) The fees adopted by the athletic trainers section | 1605 |
pursuant to division (A)(2) of this section shall be established | 1606 |
and adjusted as required to provide sufficient revenues to meet | 1607 |
the expenses of the section in administering sections 4755.60 to | 1608 |
4755.66 of the Revised Code. The fees shall include the following: | 1609 |
(1) A nonrefundable examination fee, not to exceed the amount | 1610 |
necessary to cover the expense of administering the examination; | 1611 |
(2) An initial license fee; | 1612 |
(3) A biennial license renewal fee; | 1613 |
(4) A late renewal penalty, not to exceed fifty per cent of | 1614 |
the renewal fee. | 1615 |
The athletic trainers section may, by rule, provide for the | 1616 |
waiver of all or part of a license fee if the license is issued | 1617 |
less than one hundred days before its expiration date. | 1618 |
(C) All rules under sections 4755.60 to 4755.65 of the | 1619 |
Revised Code shall be adopted by the athletic trainers section in | 1620 |
accordance with Chapter 119. of the Revised Code. | 1621 |
Sec. 4755.70. (A) As used in this section, "license" and | 1622 |
"applicant for an initial license" have the same meanings as in | 1623 |
section 4776.01 of the Revised Code, except that "license" as used | 1624 |
in both of those terms refers to the types of authorizations | 1625 |
otherwise issued or conferred under this chapter. | 1626 |
(B) In addition to any other eligibility requirement set | 1627 |
forth in this chapter, each applicant for an initial license shall | 1628 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 1629 |
occupational therapy section, the physical therapy section, and | 1630 |
the athletic trainers section of the Ohio occupational therapy, | 1631 |
physical therapy, and athletic trainers board shall not grant a | 1632 |
license to an applicant for an initial license unless the | 1633 |
applicant complies with sections 4776.01 to 4776.04 of the Revised | 1634 |
Code and the board, in its discretion, decides that the results of | 1635 |
the criminal records check do not make the applicant ineligible | 1636 |
for a license issued pursuant to section 4755.07, 4755.09, | 1637 |
4755.44, 4755.441, 4755.45, 4755.451, or 4755.62 of the Revised | 1638 |
Code. | 1639 |
Sec. 4757.10. The counselor, social worker, and marriage and | 1640 |
family therapist board may adopt any rules necessary to carry out | 1641 |
this chapter. | 1642 |
The board shall adopt rules that do all of the following: | 1643 |
(A) Concern intervention for and treatment of any impaired | 1644 |
person holding a license or certificate of registration issued | 1645 |
under this chapter; | 1646 |
(B) Establish standards for training and experience of | 1647 |
supervisors described in division (C) of section 4757.30 of the | 1648 |
Revised Code; | 1649 |
(C) Define the requirement that an applicant be of good moral | 1650 |
character in order to be licensed or registered under this | 1651 |
chapter; | 1652 |
(D) Establish requirements for criminal records checks of | 1653 |
applicants under section 4776.03 of the Revised Code. | 1654 |
All rules adopted under this section shall be adopted in | 1655 |
accordance with Chapter 119. of the Revised Code. When it adopts | 1656 |
rules under this section or any other section of this chapter, the | 1657 |
board may consider standards established by any national | 1658 |
association or other organization representing the interests of | 1659 |
those involved in professional counseling, social work, or | 1660 |
marriage and family therapy. | 1661 |
Sec. 4757.101. (A) As used in this section, "license" and | 1662 |
"applicant for an initial license" have the same meanings as in | 1663 |
section 4776.01 of the Revised Code, except that "license" as used | 1664 |
in both of those terms refers to the types of authorizations | 1665 |
otherwise issued or conferred under this chapter. | 1666 |
(B) In addition to any other eligibility requirement set | 1667 |
forth in this chapter, each applicant for an initial license shall | 1668 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 1669 |
counselor, social worker, and marriage and family therapist board | 1670 |
shall not grant a license to an applicant for an initial license | 1671 |
unless the applicant complies with sections 4776.01 to 4776.04 of | 1672 |
the Revised Code and the board, in its discretion, decides that | 1673 |
the results of the criminal records check do not make the | 1674 |
applicant ineligible for a license issued pursuant to section | 1675 |
4757.22, 4757.23, 4757.27, 4757.28, 4757.29, 4757.30, or 4757.301 | 1676 |
of the Revised Code. | 1677 |
Sec. 4759.05. The Ohio board of dietetics shall: | 1678 |
(A) Adopt, amend, or rescind rules pursuant to Chapter 119. | 1679 |
of the Revised Code to carry out the provisions of this chapter, | 1680 |
including rules governing the following: | 1681 |
(1) Selection and approval of a dietitian licensure | 1682 |
examination offered by the commission on dietetic registration or | 1683 |
any other examination; | 1684 |
(2) The examination of applicants for licensure as a | 1685 |
dietitian, to be held at least twice annually, as required under | 1686 |
division (A) of section 4759.06 of the Revised Code; | 1687 |
(3) Requirements for pre-professional dietetic experience of | 1688 |
applicants for licensure as a dietitian that are at least | 1689 |
equivalent to the requirements adopted by the commission on | 1690 |
dietetic registration; | 1691 |
(4) Requirements for a person holding a limited permit under | 1692 |
division (F) of section 4759.06 of the Revised Code, including the | 1693 |
duration of validity of a limited permit; | 1694 |
(5) Requirements for a licensed dietitian who places a | 1695 |
license in inactive status under division (G) of section 4759.06 | 1696 |
of the Revised Code, including a procedure for changing inactive | 1697 |
status to active status; | 1698 |
(6) Continuing education requirements for renewal of a | 1699 |
license, except that the board may adopt rules to waive the | 1700 |
requirements for a person who is unable to meet the requirements | 1701 |
due to illness or other reasons. Rules adopted under this division | 1702 |
shall be consistent with the continuing education requirements | 1703 |
adopted by the commission on dietetic registration. | 1704 |
(7) Any additional education requirements the board considers | 1705 |
necessary, for applicants who have not practiced dietetics within | 1706 |
five years of the initial date of application for licensure; | 1707 |
(8) Standards of professional responsibility and practice for | 1708 |
persons licensed under this chapter that are consistent with those | 1709 |
standards of professional responsibility and practice adopted by | 1710 |
the American dietetic association; | 1711 |
(9) Formulation of a written application form for licensure | 1712 |
or license renewal that includes the statement that any applicant | 1713 |
who knowingly makes a false statement on the application is guilty | 1714 |
of a misdemeanor of the first degree under section 2921.13 of the | 1715 |
Revised Code; | 1716 |
(10) Procedures for license renewal; | 1717 |
(11) Establishing a time period after the notification of a | 1718 |
violation of section 4759.02 of the Revised Code, by which the | 1719 |
person notified must request a hearing by the board under section | 1720 |
4759.09 of the Revised Code; | 1721 |
(12) Requirements for criminal records checks of applicants | 1722 |
under section 4776.03 of the Revised Code. | 1723 |
(B) Investigate alleged violations of | 1724 |
4759.02 to 4759.10 of the Revised Code. In making its | 1725 |
investigations, the board may issue subpoenas, examine witnesses, | 1726 |
and administer oaths. | 1727 |
(C) Adopt a seal; | 1728 |
(D) Conduct meetings and keep records as are necessary to | 1729 |
carry out the provisions of this chapter; | 1730 |
(E) Publish, and make available to the public, upon request | 1731 |
and for a fee not to exceed the actual cost of printing and | 1732 |
mailing, the board's rules and requirements for licensure adopted | 1733 |
under division (A) of this section and a record of all persons | 1734 |
licensed under section 4759.06 of the Revised Code. | 1735 |
Sec. 4759.061. (A) As used in this section, "license" and | 1736 |
"applicant for an initial license" have the same meanings as in | 1737 |
section 4776.01 of the Revised Code, except that "license" as used | 1738 |
in both of those terms refers to the types of authorizations | 1739 |
otherwise issued or conferred under this chapter. | 1740 |
(B) In addition to any other eligibility requirement set | 1741 |
forth in this chapter, each applicant for an initial license shall | 1742 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 1743 |
Ohio board of dietetics shall not grant a license to an applicant | 1744 |
for an initial license unless the applicant complies with sections | 1745 |
4776.01 to 4776.04 of the Revised Code and the board, in its | 1746 |
discretion, decides that the results of the criminal records check | 1747 |
do not make the applicant ineligible for a license issued pursuant | 1748 |
to section 4759.06 of the Revised Code. | 1749 |
Sec. 4760.032. In addition to any other eligibility | 1750 |
requirement set forth in this chapter, each applicant for a | 1751 |
certificate of registration as an anesthesiologist assistant shall | 1752 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 1753 |
state medical board shall not grant to an applicant a certificate | 1754 |
of registration as an anesthesiologist assistant unless the board, | 1755 |
in its discretion, decides that the results of the criminal | 1756 |
records check do not make the applicant ineligible for a | 1757 |
certificate issued pursuant to section 4760.04 of the Revised | 1758 |
Code. | 1759 |
Sec. 4760.06. (A) A person seeking to renew a certificate of | 1760 |
registration as an anesthesiologist assistant shall, on or before | 1761 |
the thirty-first day of January of each even-numbered year, apply | 1762 |
for renewal of the certificate. The state medical board shall | 1763 |
send renewal notices at least one month prior to the expiration | 1764 |
date. | 1765 |
Applications shall be submitted to the board on forms the | 1766 |
board shall prescribe and supply. Each application shall be | 1767 |
accompanied by a biennial renewal fee of one hundred dollars. | 1768 |
The applicant shall report any criminal offense that | 1769 |
constitutes grounds for refusing to issue a certificate of | 1770 |
registration under section 4760.13 of the Revised Code to which | 1771 |
the applicant has pleaded guilty, of which the applicant has been | 1772 |
found guilty, or for which the applicant has been found eligible | 1773 |
for intervention in lieu of conviction, since last signing an | 1774 |
application for a certificate of registration as an | 1775 |
anesthesiologist assistant. | 1776 |
(B) To be eligible for renewal, an anesthesiologist assistant | 1777 |
must certify to the board that the assistant has maintained | 1778 |
certification by the national commission for the certification of | 1779 |
anesthesiologist assistants. | 1780 |
(C) If an applicant submits a complete renewal application | 1781 |
and qualifies for renewal pursuant to division (B) of this | 1782 |
section, the board shall issue to the applicant a renewed | 1783 |
certificate of registration as an anesthesiologist assistant. | 1784 |
(D) A certificate of registration that is not renewed on or | 1785 |
before its expiration date is automatically suspended on its | 1786 |
expiration date. | 1787 |
to this division for two years or less, the board shall reinstate | 1788 |
1789 | |
applicant's submission of a renewal application, the biennial | 1790 |
renewal fee, and the applicable monetary penalty. The penalty for | 1791 |
reinstatement is twenty-five dollars | 1792 |
been suspended | 1793 |
1794 | |
than two years, it may be restored upon an applicant's submission | 1795 |
of a restoration application, the biennial registration fee, and | 1796 |
the applicable monetary penalty and compliance with sections | 1797 |
4776.01 to 4776.04 of the Revised Code. The board shall not | 1798 |
restore a certificate to practice unless the board, in its | 1799 |
discretion, decides that the results of the criminal records check | 1800 |
do not make the applicant ineligible for a certificate issued | 1801 |
pursuant to section 4760.04 of the Revised Code. The penalty for | 1802 |
restoration is fifty dollars. | 1803 |
Sec. 4761.03. The Ohio respiratory care board shall regulate | 1804 |
the practice of respiratory care in this state and the persons to | 1805 |
whom the board issues licenses and limited permits under this | 1806 |
chapter and shall license and register home medical equipment | 1807 |
services providers under Chapter
4752. of the Revised Code | 1808 |
1809 | |
provision of respiratory care in a hospital, other than rules | 1810 |
regulating the issuance of licenses or limited permits, shall be | 1811 |
consistent with the conditions for participation under medicare, | 1812 |
Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 | 1813 |
U.S.C.A. 1395, as amended, and with the respiratory care | 1814 |
accreditation standards of the joint commission on accreditation | 1815 |
of healthcare organizations or the American osteopathic | 1816 |
association. | 1817 |
The board shall: | 1818 |
(A) Adopt, and may rescind or amend, rules in accordance with | 1819 |
Chapter 119. of the Revised Code to carry out the purposes of this | 1820 |
chapter, including rules prescribing: | 1821 |
(1) The form and manner for filing applications for licensure | 1822 |
and renewal, limited permits, and limited permit extensions under | 1823 |
sections 4761.05 and 4761.06 of the Revised Code; | 1824 |
(2) The form, scoring, and scheduling of examinations and | 1825 |
reexaminations for licensure and license renewal; | 1826 |
(3) Standards for the approval of educational programs | 1827 |
required to qualify for licensure and continuing education | 1828 |
programs required for license renewal; | 1829 |
(4) Continuing education courses and the number of hour | 1830 |
requirements necessary for license renewal, in accordance with | 1831 |
section 4761.06 of the Revised Code; | 1832 |
(5) Procedures for the issuance and renewal of licenses and | 1833 |
limited permits, including the duties that may be fulfilled by the | 1834 |
board's executive director and other board employees; | 1835 |
(6) Procedures for the denial, suspension, permanent | 1836 |
revocation, refusal to renew, and reinstatement of licenses and | 1837 |
limited permits, the conduct of hearings, and the imposition of | 1838 |
fines for engaging in conduct that is grounds for such action and | 1839 |
hearings under section 4761.09 of the Revised Code; | 1840 |
(7) Standards of ethical conduct for the practice of | 1841 |
respiratory care; | 1842 |
(8) Conditions under which the license renewal fee and | 1843 |
continuing education requirements may be waived at the request of | 1844 |
a licensee who is not in active practice; | 1845 |
(9) The respiratory care tasks that may be performed by an | 1846 |
individual practicing as a polysomnographic technologist pursuant | 1847 |
to division (B)(3) of section 4761.10 of the Revised Code; | 1848 |
(10) Procedures for registering out-of-state respiratory care | 1849 |
providers authorized to practice in this state under division | 1850 |
(A)(4) of section 4761.11 of the Revised Code; | 1851 |
(11) Requirements for criminal records checks of applicants | 1852 |
under section 4776.03 of the Revised Code. | 1853 |
(B) Determine the sufficiency of an applicant's | 1854 |
qualifications for admission to the licensing examination or a | 1855 |
reexamination, and for the issuance or renewal of a license or | 1856 |
limited permit; | 1857 |
(C) Determine the respiratory care educational programs that | 1858 |
are acceptable for fulfilling the requirements of division (A) of | 1859 |
section 4761.04 of the Revised Code; | 1860 |
(D) Schedule, administer, and score the licensing examination | 1861 |
or any reexamination for license renewal or reinstatement. The | 1862 |
board shall administer the licensing examinations at least twice a | 1863 |
year and notify applicants of the time and place of the | 1864 |
examinations. | 1865 |
(E) Investigate complaints concerning alleged violations of | 1866 |
section 4761.10 of the Revised Code or grounds for the suspension, | 1867 |
permanent revocation, or refusal to issue licenses or limited | 1868 |
permits under section 3123.47 or 4761.09 of the Revised Code. The | 1869 |
board shall employ investigators who shall, under the direction of | 1870 |
the executive director of the board, investigate complaints and | 1871 |
make inspections and other inquiries as, in the judgment of the | 1872 |
board, are appropriate to enforce sections 3123.41 to 3123.50, | 1873 |
4761.09, and 4761.10 of the Revised Code. Pursuant to an | 1874 |
investigation and inspection, the investigators may review and | 1875 |
audit records during normal business hours at the place of | 1876 |
business of a licensee or person who is the subject of a complaint | 1877 |
filed with the board or at any place where the records are kept. | 1878 |
Except when required by court order, the board and its | 1879 |
employees shall not disclose confidential information obtained | 1880 |
during an investigation or identifying information about any | 1881 |
person who files a complaint with the board. | 1882 |
The board may hear testimony in matters relating to the | 1883 |
duties imposed upon it and issue subpoenas pursuant to an | 1884 |
investigation. The president and secretary of the board may | 1885 |
administer oaths. | 1886 |
(F) Conduct hearings, keep records of its proceedings, and do | 1887 |
1888 | |
enforce the provisions of this chapter; | 1889 |
(G) Maintain, publish, and make available upon request, for a | 1890 |
fee not to exceed the actual cost of printing and mailing: | 1891 |
(1) The requirements for the issuance of licenses and limited | 1892 |
permits under this chapter and rules adopted by the board; | 1893 |
(2) A current register of every person licensed to practice | 1894 |
respiratory care in this state, to include the addresses of the | 1895 |
person's last known place of business and residence, the effective | 1896 |
date and identification number of the license, the name and | 1897 |
location of the institution that granted the person's degree or | 1898 |
certificate of completion of respiratory care educational | 1899 |
requirements, and the date the degree or certificate was issued; | 1900 |
(3) A list of the names and locations of the institutions | 1901 |
that each year granted degrees or certificates of completion in | 1902 |
respiratory care; | 1903 |
(4) After the administration of each examination, a list of | 1904 |
persons who passed the examination. | 1905 |
(H) Submit to the governor and to the general assembly each | 1906 |
year a report of all of its official actions during the preceding | 1907 |
year, together with any findings and recommendations with regard | 1908 |
to the improvement of the profession of respiratory care; | 1909 |
(I) Administer and enforce Chapter 4752. of the Revised Code. | 1910 |
Sec. 4761.051. (A) As used in this section, "license" and | 1911 |
"applicant for an initial license" have the same meanings as in | 1912 |
section 4776.01 of the Revised Code, except that "license" as used | 1913 |
in both of those terms refers to the types of authorizations | 1914 |
otherwise issued or conferred under this chapter. | 1915 |
(B) In addition to any other eligibility requirement set | 1916 |
forth in this chapter, each applicant for an initial license shall | 1917 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 1918 |
Ohio respiratory care board shall not grant a license to an | 1919 |
applicant for an initial license unless the applicant complies | 1920 |
with sections 4776.01 to 4776.04 of the Revised Code and the | 1921 |
board, in its discretion, decides that the results of the criminal | 1922 |
records check do not make the applicant ineligible for a license | 1923 |
issued pursuant to section 4761.05 of the Revised Code. | 1924 |
Sec. 4762.031. In addition to any other eligibility | 1925 |
requirement set forth in this chapter, each applicant for a | 1926 |
certificate of registration as an acupuncturist shall comply with | 1927 |
sections 4776.01 to 4776.04 of the Revised Code. The state medical | 1928 |
board shall not grant to an applicant a certificate of | 1929 |
registration as an acupuncturist unless the board, in its | 1930 |
discretion, decides that the results of the criminal records check | 1931 |
do not make the applicant ineligible for a certificate issued | 1932 |
pursuant to section 4762.04 of the Revised Code. | 1933 |
Sec. 4762.06. (A) A person seeking to renew a certificate of | 1934 |
registration as an acupuncturist shall, on or before the | 1935 |
thirty-first day of January of each even-numbered year, apply for | 1936 |
renewal of the certificate. The state medical board shall send | 1937 |
renewal notices at least one month prior to the expiration date. | 1938 |
Applications shall be submitted to the board on forms the | 1939 |
board shall prescribe and supply. Each application shall be | 1940 |
accompanied by a biennial renewal fee of one hundred dollars. | 1941 |
The applicant shall report any criminal offense that | 1942 |
constitutes grounds for refusing to issue a certificate of | 1943 |
registration under section 4762.13 of the Revised Code to which | 1944 |
the applicant has pleaded guilty, of which the applicant has been | 1945 |
found guilty, or for which the applicant has been found eligible | 1946 |
for intervention in lieu of conviction, since last signing an | 1947 |
application for a certificate of registration as an acupuncturist. | 1948 |
(B) To be eligible for renewal, an acupuncturist must certify | 1949 |
to the board that the acupuncturist has maintained the | 1950 |
acupuncturist's designation as a diplomate in acupuncture by the | 1951 |
national certification commission for acupuncture and oriental | 1952 |
medicine. | 1953 |
(C) If an applicant submits a complete renewal application | 1954 |
and qualifies for renewal pursuant to division (B) of this | 1955 |
section, the board shall issue to the applicant a renewed | 1956 |
certificate of registration as an acupuncturist. | 1957 |
(D) A certificate of registration that is not renewed on or | 1958 |
before its expiration date is automatically suspended on its | 1959 |
expiration date. | 1960 |
to this division for two years or less, the board shall reinstate | 1961 |
1962 | |
applicant's submission of a renewal application, the biennial | 1963 |
renewal fee, and the applicable monetary penalty. The penalty for | 1964 |
reinstatement is twenty-five dollars | 1965 |
been suspended | 1966 |
1967 | |
than two years, it may be restored upon an applicant's submission | 1968 |
of a restoration application, the biennial registration fee, and | 1969 |
the applicable monetary penalty and compliance with sections | 1970 |
4776.01 to 4776.04 of the Revised Code. The board shall not | 1971 |
restore a certificate to practice unless the board, in its | 1972 |
discretion, decides that the results of the criminal records check | 1973 |
do not make the applicant ineligible for a certificate issued | 1974 |
pursuant to section 4762.04 of the Revised Code. The penalty for | 1975 |
restoration is fifty dollars. | 1976 |
Sec. 4776.01. As used in this chapter: | 1977 |
(A) "License" means an authorization evidenced by a license, | 1978 |
certificate, registration, permit, card, or other authority that | 1979 |
is issued or conferred by a licensing agency to a licensee or to | 1980 |
an applicant for an initial license by which the licensee or | 1981 |
initial license applicant has or claims the privilege to engage in | 1982 |
a profession, occupation, or occupational activity, or to have | 1983 |
control of and operate certain specific equipment, machinery, or | 1984 |
premises, over which the licensing agency has jurisdiction. | 1985 |
(B) "Licensee" means the person to whom the license is issued | 1986 |
by a licensing agency. | 1987 |
(C) "Licensing agency" means the board authorized by Chapters | 1988 |
4701., 4709., 4715., 4717., 4725., 4729., 4730., 4731., 4732., | 1989 |
4734., 4740., 4741., 4755., 4757., 4759., 4760., 4761., 4762., and | 1990 |
4779. of the Revised Code to issue a license to engage in a | 1991 |
specific profession, occupation, or occupational activity, or to | 1992 |
have charge of and operate certain specified equipment, machinery, | 1993 |
or premises. | 1994 |
(D) "Applicant for an initial license" includes persons | 1995 |
seeking a license for the first time and persons seeking a license | 1996 |
by reciprocity, endorsement, or similar manner of a license issued | 1997 |
in another state. | 1998 |
(E) "Applicant for a restored license" includes persons | 1999 |
seeking restoration of a certificate under section 4730.14, | 2000 |
4731.281, 4760.06, or 4762.06 of the Revised Code. | 2001 |
(F) "Criminal records check" has the same meaning as in | 2002 |
division (E) of section 109.572 of the Revised Code. | 2003 |
Sec. 4776.02. (A) An applicant for an initial license or | 2004 |
restored license from a licensing agency shall submit a request to | 2005 |
the bureau of criminal identification and investigation for a | 2006 |
criminal records check of the applicant. The request shall be | 2007 |
accompanied by a completed copy of the form prescribed under | 2008 |
division (C)(1) of section 109.572 of the Revised Code, a set of | 2009 |
fingerprint impressions obtained as described in division (C)(2) | 2010 |
of that section, and the fee prescribed under division (C)(3) of | 2011 |
that section. The applicant shall ask the superintendent of the | 2012 |
bureau of criminal identification and investigation in the request | 2013 |
to obtain from the federal bureau of investigation any information | 2014 |
it has pertaining to the applicant. | 2015 |
An applicant requesting a criminal records check shall | 2016 |
provide the bureau of criminal identification and investigation | 2017 |
with the applicant's name and address and with the licensing | 2018 |
agency's name and address. | 2019 |
(B) Upon receipt of the completed form, the set of | 2020 |
fingerprint impressions, and the fee provided for in division (A) | 2021 |
of this section, the superintendent shall conduct a criminal | 2022 |
records check of the applicant under division (B) of section | 2023 |
109.572 of the Revised Code. Upon completion of the criminal | 2024 |
records check, the superintendent shall report the results of the | 2025 |
criminal records check and any information the federal bureau of | 2026 |
investigation provides to the licensing agency identified in the | 2027 |
request for a criminal records check. | 2028 |
Sec. 4776.03. Each licensing agency shall adopt rules under | 2029 |
Chapter 119. of the Revised Code establishing administrative and | 2030 |
procedural requirements for criminal records checks. | 2031 |
Sec. 4776.04. The results of any criminal records check | 2032 |
conducted pursuant to a request made under this chapter and any | 2033 |
report containing those results, including any information the | 2034 |
federal bureau of investigation provides, are not public records | 2035 |
for purposes of section 149.43 of the Revised Code and shall not | 2036 |
be made available to any person or for any purpose other than as | 2037 |
follows: | 2038 |
(A) The superintendent of the bureau of criminal | 2039 |
identification and investigation shall make the results available | 2040 |
to the licensing agency for use in determining, under the agency's | 2041 |
authorizing chapter of the Revised Code, whether the applicant who | 2042 |
is the subject of the criminal records check should be granted a | 2043 |
license under that chapter. | 2044 |
(B) The licensing agency shall make the results available to | 2045 |
the applicant who is the subject of the criminal records check or | 2046 |
to the applicant's representative. | 2047 |
Sec. 4779.08. (A) The state board of orthotics, prosthetics, | 2048 |
and pedorthics shall adopt rules in accordance with Chapter 119. | 2049 |
of the Revised Code to carry out the purposes of this chapter, | 2050 |
including rules prescribing all of the following: | 2051 |
(1) The form and manner of filing of applications to be | 2052 |
admitted to examinations and for licensure and license renewal; | 2053 |
(2) Standards and procedures for formulating, evaluating, | 2054 |
approving, and administering licensing examinations or recognizing | 2055 |
other entities that conduct examinations; | 2056 |
(3) The form, scoring, and scheduling of licensing | 2057 |
examinations; | 2058 |
(4) Fees for examinations and applications for licensure and | 2059 |
license renewal; | 2060 |
(5) Fees for approval of continuing education courses; | 2061 |
(6) Procedures for issuance, renewal, suspension, and | 2062 |
revocation of licenses and the conduct of disciplinary hearings; | 2063 |
(7) Standards of ethical and professional conduct in the | 2064 |
practice of orthotics, prosthetics, and pedorthics; | 2065 |
(8) Standards for approving national certification | 2066 |
organizations in orthotics, prosthetics, and pedorthics; | 2067 |
(9) Fines for violations of this chapter; | 2068 |
(10) Standards for the recognition and approval of | 2069 |
educational programs required for licensure, including standards | 2070 |
for approving foreign educational credentials; | 2071 |
(11) Standards for continuing education programs required for | 2072 |
license renewal; | 2073 |
(12) Provisions for making available the information | 2074 |
described in section 4779.22 of the Revised Code; | 2075 |
(13) Requirements for criminal records checks of applicants | 2076 |
under section 4776.03 of the Revised Code. | 2077 |
(B) The board may adopt any other rules necessary for the | 2078 |
administration of this chapter. | 2079 |
(C) The fees prescribed by this section shall be paid to the | 2080 |
treasurer of state, who shall deposit the fees in the occupational | 2081 |
licensing and regulatory fund established in section 4743.05 of | 2082 |
the Revised Code. | 2083 |
Sec. 4779.091. (A) As used in this section, "license" and | 2084 |
"applicant for an initial license" have the same meanings as in | 2085 |
section 4776.01 of the Revised Code, except that "license" as used | 2086 |
in both of those terms refers to the types of authorizations | 2087 |
otherwise issued or conferred under this chapter. | 2088 |
(B) In addition to any other eligibility requirement set | 2089 |
forth in this chapter, each applicant for an initial license shall | 2090 |
comply with sections 4776.01 to 4776.04 of the Revised Code. The | 2091 |
state board of orthotics, prosthetics, and pedorthics shall not | 2092 |
grant a license to an applicant for an initial license unless the | 2093 |
applicant complies with sections 4776.01 to 4776.04 of the Revised | 2094 |
Code and the board, in its discretion, decides that the results of | 2095 |
the criminal records check do not make the applicant ineligible | 2096 |
for a license issued pursuant to section 4779.09, 4779.16, | 2097 |
4779.17, or 4779.18 of the Revised Code. | 2098 |
Section 2. That existing sections 109.572, 4709.05, 4717.04, | 2099 |
4725.09, 4725.44, 4730.14, 4730.28, 4731.15, 4731.222, 4731.281, | 2100 |
4731.296, 4740.04, 4755.06, 4755.61, 4757.10, 4759.05, 4760.06, | 2101 |
4761.03, 4762.06, and 4779.08 of the Revised Code are hereby | 2102 |
repealed. | 2103 |
Section 3. Section 109.572 of the Revised Code is presented | 2104 |
in this act as a composite of the section as amended by both Am. | 2105 |
Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly. | 2106 |
The General Assembly, applying the principle stated in division | 2107 |
(B) of section 1.52 of the Revised Code that amendments are to be | 2108 |
harmonized if reasonably capable of simultaneous operation, finds | 2109 |
that the composite is the resulting version of the section in | 2110 |
effect prior to the effective date of the section as presented in | 2111 |
this act. | 2112 |