As Reported by the Senate Judiciary--Criminal Justice Committee

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 104

Representative Core 

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

Senator Seitz 

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A BILL

To amend sections 109.572, 2953.32, 4709.05, 4717.04,

1

4725.09, 4725.44, 4730.14, 4730.28, 4731.15,

2

4731.222, 4731.281, 4731.296, 4740.04, 4755.06,

3

4755.61, 4757.10, 4759.05, 4760.06, 4761.03,

4

4762.06, and 4779.08 and to enact sections

5

113.041, 4701.08, 4709.071, 4715.101, 4717.061,

6

4725.121, 4725.501, 4729.071, 4730.101, 4731.081,

7

4731.171, 4731.531, 4732.091, 4734.202, 4740.061,

8

4741.10, 4755.70, 4757.101, 4759.061, 4760.032,

9

4761.051, 4762.031, 4776.01, 4776.02, 4776.03,

10

4776.04, and 4779.091 of the Revised Code to

11

require initial license applicants and applicants

12

for restoration of licenses for specified

13

licensed professions to obtain a criminal

14

background check from the bureau of criminal

15

investigation and identification, to require the

16

appropriate licensing board to consider the

17

results of those checks in determining a person's

18

eligibility for licensure, and to permit the

19

Treasurer of State to request the Bureau of

20

Criminal Identification and Investigation to

21

conduct a criminal records check of any

22

individual seeking or holding employment with the

23

Treasurer of State's office.

24

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

Section 1. That sections 109.572, 2953.32, 4709.05, 4717.04,	25
4725.09, 4725.44, 4730.14, 4730.28, 4731.15, 4731.222, 4731.281,	26
4731.296, 4740.04, 4755.06, 4755.61, 4757.10, 4759.05, 4760.06,	27
4761.03, 4762.06, and 4779.08 be amended and sections 113.041,	28
4701.08, 4709.071, 4715.101, 4717.061, 4725.121, 4725.501,	29
4729.071, 4730.101, 4731.081, 4731.171, 4731.531, 4732.091,	30
4734.202, 4740.061, 4741.10, 4755.70, 4757.101, 4759.061,	31
4760.032, 4761.051, 4762.031, 4776.01, 4776.02, 4776.03, 4776.04,	32
and 4779.091 of the Revised Code be enacted to read as follows:	33

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(13) On receipt of a request for a criminal records check	343
from the treasurer of state under section 113.041 of the Revised	344
Code or from an individual under section 4701.08, 4709.071,	345
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	346
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	347
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	348
4741.10, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	349
4761.051, 4762.031, 4762.06, or 4779.091 of the Revised Code,	350
accompanied by a completed form prescribed under division (C)(1)	351
of this section and a set of fingerprint impressions obtained in	352
the manner described in division (C)(2) of this section, the	353
superintendent of the bureau of criminal identification and	354
investigation shall conduct a criminal records check in the	355
manner described in division (B) of this section to determine	356
whether any information exists that indicates that the person who	357
is the subject of the request has been convicted of or pleaded	358
guilty to any criminal offense in this state or any other state.	359
The superintendent shall send the results of a check requested	360
under section 113.041 of the Revised Code to the treasurer of	361
state and shall send the results of a check requested under any of	362
the other listed sections to the licensing board specified by the	363
individual in the request.	364

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

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

(B) The superintendent shall conduct any criminal records	397
check requested under section 113.041, 121.08, 173.27, 173.394,	398
1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	399
3712.09, 3721.121, 3722.151, 4701.08, 4709.071, 4715.101,	400
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	401
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	402
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	403
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	404
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	405
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	406
5126.281, or 5153.111 of the Revised Code as follows:	407

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

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

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

(C)(1) The superintendent shall prescribe a form to obtain	425
the information necessary to conduct a criminal records check from	426
any person for whom a criminal records check is requested under	427
section 113.041 of the Revised Code or required by section	428
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	429
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	430
4701.08, 4709.071, 4715.101, 4717.061, 4725.121, 4725.501,	431
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	432
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	433
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	434
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	435
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	436
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	437
that the superintendent prescribes pursuant to this division may	438
be in a tangible format, in an electronic format, or in both	439
tangible and electronic formats.	440

(2) The superintendent shall prescribe standard impression	441
sheets to obtain the fingerprint impressions of any person for	442
whom a criminal records check is requested under section 113.041	443
of the Revised Code or required by section 121.08, 173.27,	444
173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39,	445
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4709.071,	446
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	447
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	448
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	449
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	450
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	451
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	452
5126.281, or 5153.111 of the Revised Code. Any person for whom a	453
records check is requested under or required by any of those	454
sections shall obtain the fingerprint impressions at a county	455
sheriff's office, municipal police department, or any other	456
entity with the ability to make fingerprint impressions on the	457
standard impression sheets prescribed by the superintendent. The	458
office, department, or entity may charge the person a reasonable	459
fee for making the impressions. The standard impression sheets the	460
superintendent prescribes pursuant to this division may be in a	461
tangible format, in an electronic format, or in both tangible and	462
electronic formats.	463

(3) Subject to division (D) of this section, the	464
superintendent shall prescribe and charge a reasonable fee for	465
providing a criminal records check requested under section	466
113.041, 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	467
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	468
3722.151, 4701.08, 4709.071, 4715.101, 4717.061, 4725.121,	469
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081,	470
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531,	471
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70,	472
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	473
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,	474
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	475
the Revised Code. The person making a criminal records request	476
under section 113.041, 121.08, 173.27, 173.394, 1322.03,	477
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	478
3712.09, 3721.121, 3722.151, 4701.08, 4709.071, 4715.101,	479
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	480
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	481
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	482
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	483
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	484
5104.012, 5104.013, 5111.033, 5111.034, 5123.081, 5126.28,	485
5126.281, or 5153.111 of the Revised Code shall pay the fee	486
prescribed pursuant to this division. A person making a request	487
under section 3701.881 of the Revised Code for a criminal	488
records check for an applicant who may be both responsible for	489
the care, custody, or control of a child and involved in	490
providing direct care to an older adult shall pay one fee for the	491
request. In the case of a request under section 5111.032 of the	492
Revised Code, the fee shall be paid in the manner specified in	493
that section.	494

(4) The superintendent of the bureau of criminal	495
identification and investigation may prescribe methods of	496
forwarding fingerprint impressions and information necessary to	497
conduct a criminal records check, which methods shall include, but	498
not be limited to, an electronic method.	499

(D) A determination whether any information exists that	500
indicates that a person previously has been convicted of or	501
pleaded guilty to any offense listed or described in division	502
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	503
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	504
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this	505
section, or that indicates that a person previously has been	506
convicted of or pleaded guilty to any criminal offense in this	507
state or any other state regarding a criminal records check of a	508
type described in division (A)(13) of this section, and that is	509
made by the superintendent with respect to information	510
considered in a criminal records check in accordance with this	511
section is valid for the person who is the subject of the	512
criminal records check for a period of one year from the date	513
upon which the superintendent makes the determination. During the	514
period in which the determination in regard to a person is valid,	515
if another request under this section is made for a criminal	516
records check for that person, the superintendent shall provide	517
the information that is the basis for the superintendent's	518
initial determination at a lower fee than the fee prescribed for	519
the initial criminal records check.	520

(E) As used in this section:

521

(1) "Criminal records check" means any criminal records check	522
conducted by the superintendent of the bureau of criminal	523
identification and investigation in accordance with division (B)	524
of this section.	525

(2) "Minor drug possession offense" has the same meaning as	526
in section 2925.01 of the Revised Code.	527

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

528

Sec. 113.041.  (A) The treasurer of state may require an	529
individual who applies for employment with, or is employed by, the	530
treasurer of state's office to undergo a criminal records check	531
conducted by the superintendent of the bureau of criminal	532
identification and investigation in accordance with section	533
109.572 of the Revised Code. If, pursuant to this division, the	534
treasurer of state requires an individual to undergo a criminal	535
records check, the treasurer of state shall request the	536
superintendent to conduct a criminal records check with respect to	537
the individual in accordance with that section. In the request,	538
the treasurer of state may request that the superintendent obtain	539
information from the federal bureau of investigation about the	540
individual who is the subject of the check. The treasurer of state	541
also may request that the superintendent as part of the criminal	542
records check request criminal history records of the individual	543
from other states or the federal government pursuant to the	544
national crime prevention and privacy compact set forth in section	545
109.571 of the Revised Code.	546

(B) The treasurer of state shall provide to each individual	547
required pursuant to division (A) of this section to undergo a	548
criminal records check a copy of the form prescribed pursuant to	549
division (C)(1) of section 109.572 of the Revised Code and a	550
standard impression sheet to obtain fingerprint impressions	551
prescribed pursuant to division (C)(2) of section 109.572 of the	552
Revised Code, obtain the completed form and impression sheet from	553
the individual, and forward the completed form and impression	554
sheet to the superintendent of the bureau of criminal	555
identification and investigation at the time the criminal records	556
check is requested. Any individual subject to a criminal records	557
check pursuant to this section who receives pursuant to this	558
division a copy of the form prescribed pursuant to division (C)(1)	559
of section 109.572 of the Revised Code and a copy of an impression	560
sheet prescribed pursuant to division (C)(2) of that section and	561
who is requested to complete the form and provide a set of	562
fingerprint impressions shall complete the form or provide all the	563
information necessary to complete the form and shall provide the	564
impression sheet with the impressions of the individual's	565
fingerprints.	566

(C)(1) The treasurer of state may deny employment to or	567
terminate the employment of an individual who is the subject of a	568
criminal records check conducted pursuant to a request made under	569
division (A) of this section if either of the following applies:	570

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

571

(i) Complete the form prescribed pursuant to division (C)(1)	572
of section 109.572 of the Revised Code;	573

(ii) Provide a set of the individual's fingerprint	574
impressions on the standard impression sheet prescribed pursuant	575
to division (C)(2) of section 109.572 of the Revised Code.	576

(b) The individual has been convicted of or pleaded guilty to	577
any offense involving or relating to fraud, deceit, or theft.	578

(2) In determining whether to take any employment action, up	579
to and including termination, with respect to an individual who is	580
a current employee for the reason listed in division (C)(1)(b) of	581
this section, the treasurer of state shall afford the current	582
employee a due process review. In a review under this division,	583
the treasurer of state shall consider all of the following	584
factors:	585

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

586

(b) The nature and seriousness of the offense;

587

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

588

(d) The degree to which the current employee participated in	589
the offense;	590

(e) The time elapsed since the current employee was fully	591
discharged from imprisonment or probation for the offense, if the	592
person was sentenced to imprisonment or placed on probation for	593
it, or since the current employee was fully discharged from any	594
other sanction or penalty imposed for the offense;	595

(f) The likelihood that the circumstances leading to the	596
offense will recur;	597

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

598

(h) The current employee's employment record with the	599
treasurer of state;	600

(i) The current employee's efforts at rehabilitation and the	601
results of those efforts;	602

(j) Whether at the time of the review, any criminal	603
proceedings are pending against the current employee;	604

(k) Whether the current employee has been convicted of or	605
pleaded guilty to any felony or misdemeanor offense set forth in	606
the Revised Code that is not listed in division (C)(1)(b) of this	607
section and that bears a direct and substantial relationship to	608
the duties and responsibilities of the position the current	609
employee holds in the office of the treasurer of state;	610

(l) Any other extenuating circumstances relating to the	611
current employee or the offense.	612

(3) If the treasurer of state conducts a review under	613
division (C)(2) of this section, the treasurer of state shall	614
prepare a written report of the review and shall provide a copy of	615
the written report to the current employee who is the subject of	616
the review.	617

(D) The treasurer of state shall pay to the bureau of	618
criminal identification and investigation the fee prescribed	619
pursuant to division (C)(3) of section 109.572 of the Revised Code	620
for each criminal records check conducted in accordance with that	621
section upon a request pursuant to division (A) of this section.	622
The treasurer of state may charge the individual subject to the	623
criminal records check a fee for the costs the treasurer of state	624
incurs in obtaining the criminal records check. A fee charged	625
under this division shall not exceed the amount of fees the	626
treasurer of state pays for the criminal records check. If a fee	627
is charged under this division, the treasurer of state shall	628
notify the individual who is the subject of the criminal records	629
check of the fee and that the individual is required to pay the	630
fee.	631

(E) The report of any criminal records check conducted by the	632
bureau of criminal identification and investigation in accordance	633
with section 109.572 of the Revised Code and pursuant to a request	634
made under division (A) of this section is not a public record for	635
the purposes of section 149.43 of the Revised Code and shall not	636
be made available to any person other than the individual who is	637
the subject of the criminal records check or the individual's	638
representative; the treasurer of state or the treasurer of state's	639
representative; and any court, hearing officer, or other necessary	640
individual involved in a case dealing with the denial or	641
termination of employment.	642

(F) Nothing in this section precludes, or shall be construed	643
as precluding, any of the following:	644

(1) Any public official other than the treasurer of state	645
from conducting or having conducted a criminal records check of	646
any individual, in any manner authorized under law;	647

(2) The treasurer of state from conducting or having	648
conducted a criminal records check other than in accordance with	649
this section, in any manner otherwise authorized under law.	650

(G) As used in this section:

651

(1) "Criminal records check" has the same meaning as in	652
section 109.572 of the Revised Code.	653

(2) "Public official" has the same meaning as in section	654
2921.01 of the Revised Code.	655

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	656
of the Revised Code, a first offender may apply to the sentencing	657
court if convicted in this state, or to a court of common pleas if	658
convicted in another state or in a federal court, for the sealing	659
of the conviction record. Application may be made at the	660
expiration of three years after the offender's final discharge if	661
convicted of a felony, or at the expiration of one year after the	662
offender's final discharge if convicted of a misdemeanor.	663

(2) Any person who has been arrested for any misdemeanor	664
offense and who has effected a bail forfeiture may apply to the	665
court in which the misdemeanor criminal case was pending when bail	666
was forfeited for the sealing of the record of the case. Except as	667
provided in section 2953.61 of the Revised Code, the application	668
may be filed at any time after the expiration of one year from the	669
date on which the bail forfeiture was entered upon the minutes of	670
the court or the journal, whichever entry occurs first.	671

(B) Upon the filing of an application under this section, the	672
court shall set a date for a hearing and shall notify the	673
prosecutor for the case of the hearing on the application. The	674
prosecutor may object to the granting of the application by filing	675
an objection with the court prior to the date set for the hearing.	676
The prosecutor shall specify in the objection the reasons for	677
believing a denial of the application is justified. The court	678
shall direct its regular probation officer, a state probation	679
officer, or the department of probation of the county in which the	680
applicant resides to make inquiries and written reports as the	681
court requires concerning the applicant.	682

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

683

(a) Determine whether the applicant is a first offender or	684
whether the forfeiture of bail was agreed to by the applicant and	685
the prosecutor in the case. If the applicant applies as a first	686
offender pursuant to division (A)(1) of this section and has two	687
or three convictions that result from the same indictment,	688
information, or complaint, from the same plea of guilty, or from	689
the same official proceeding, and result from related criminal	690
acts that were committed within a three-month period but do not	691
result from the same act or from offenses committed at the same	692
time, in making its determination under this division, the court	693
initially shall determine whether it is not in the public interest	694
for the two or three convictions to be counted as one conviction.	695
If the court determines that it is not in the public interest for	696
the two or three convictions to be counted as one conviction, the	697
court shall determine that the applicant is not a first offender;	698
if the court does not make that determination, the court shall	699
determine that the offender is a first offender.	700

(b) Determine whether criminal proceedings are pending	701
against the applicant;	702

(c) If the applicant is a first offender who applies pursuant	703
to division (A)(1) of this section, determine whether the	704
applicant has been rehabilitated to the satisfaction of the court;	705

(d) If the prosecutor has filed an objection in accordance	706
with division (B) of this section, consider the reasons against	707
granting the application specified by the prosecutor in the	708
objection;	709

(e) Weigh the interests of the applicant in having the	710
records pertaining to the applicant's conviction sealed against	711
the legitimate needs, if any, of the government to maintain those	712
records.	713

(2) If the court determines, after complying with division	714
(C)(1) of this section, that the applicant is a first offender or	715
the subject of a bail forfeiture, that no criminal proceeding is	716
pending against the applicant, and that the interests of the	717
applicant in having the records pertaining to the applicant's	718
conviction or bail forfeiture sealed are not outweighed by any	719
legitimate governmental needs to maintain those records, and that	720
the rehabilitation of an applicant who is a first offender	721
applying pursuant to division (A)(1) of this section has been	722
attained to the satisfaction of the court, the court, except as	723
provided in division (G) of this section, shall order all official	724
records pertaining to the case sealed and, except as provided in	725
division (F) of this section, all index references to the case	726
deleted and, in the case of bail forfeitures, shall dismiss the	727
charges in the case. The proceedings in the case shall be	728
considered not to have occurred and the conviction or bail	729
forfeiture of the person who is the subject of the proceedings	730
shall be sealed, except that upon conviction of a subsequent	731
offense, the sealed record of prior conviction or bail forfeiture	732
may be considered by the court in determining the sentence or	733
other appropriate disposition, including the relief provided for	734
in sections 2953.31 to 2953.33 of the Revised Code.	735

(3) Upon the filing of an application under this section, the	736
applicant, unless indigent, shall pay a fee of fifty dollars. The	737
court shall pay thirty dollars of the fee into the state treasury.	738
It shall pay twenty dollars of the fee into the county general	739
revenue fund if the sealed conviction or bail forfeiture was	740
pursuant to a state statute, or into the general revenue fund of	741
the municipal corporation involved if the sealed conviction or	742
bail forfeiture was pursuant to a municipal ordinance.	743

(D) Inspection of the sealed records included in the order	744
may be made only by the following persons or for the following	745
purposes:	746

(1) By a law enforcement officer or prosecutor, or the	747
assistants of either, to determine whether the nature and	748
character of the offense with which a person is to be charged	749
would be affected by virtue of the person's previously having been	750
convicted of a crime;	751

(2) By the parole or probation officer of the person who is	752
the subject of the records, for the exclusive use of the officer	753
in supervising the person while on parole or under a community	754
control sanction or a post-release control sanction, and in making	755
inquiries and written reports as requested by the court or adult	756
parole authority;	757

(3) Upon application by the person who is the subject of the	758
records, by the persons named in the application;	759

(4) By a law enforcement officer who was involved in the	760
case, for use in the officer's defense of a civil action arising	761
out of the officer's involvement in that case;	762

(5) By a prosecuting attorney or the prosecuting attorney's	763
assistants, to determine a defendant's eligibility to enter a	764
pre-trial diversion program established pursuant to section	765
2935.36 of the Revised Code;	766

(6) By any law enforcement agency or any authorized employee	767
of a law enforcement agency or by the department of rehabilitation	768
and correction as part of a background investigation of a person	769
who applies for employment with the agency as a law enforcement	770
officer or with the department as a corrections officer;	771

(7) By any law enforcement agency or any authorized employee	772
of a law enforcement agency, for the purposes set forth in, and in	773
the manner provided in, section 2953.321 of the Revised Code;	774

(8) By the bureau of criminal identification and	775
investigation or any authorized employee of the bureau for the	776
purpose of providing information to a board or person pursuant to	777
division (F) or (G) of section 109.57 of the Revised Code;	778

(9) By the bureau of criminal identification and	779
investigation or any authorized employee of the bureau for the	780
purpose of performing a criminal history records check on a person	781
to whom a certificate as prescribed in section 109.77 of the	782
Revised Code is to be awarded;	783

(10) By the bureau of criminal identification and	784
investigation or any authorized employee of the bureau for the	785
purpose of conducting a criminal records check of an individual	786
pursuant to division (B) of section 109.572 of the Revised Code;	787

(11) By the bureau of criminal identification and	788
investigation, an authorized employee of the bureau, a sheriff, or	789
an authorized employee of a sheriff in connection with a criminal	790
records check described in section 311.41 of the Revised Code;	791

(11)(12) By the attorney general or an authorized employee of	792
the attorney general or a court for purposes of determining a	793
person's classification pursuant to Chapter 2950. of the Revised	794
Code.	795

When the nature and character of the offense with which a	796
person is to be charged would be affected by the information, it	797
may be used for the purpose of charging the person with an	798
offense.	799

(E) In any criminal proceeding, proof of any otherwise	800
admissible prior conviction may be introduced and proved,	801
notwithstanding the fact that for any such prior conviction an	802
order of sealing previously was issued pursuant to sections	803
2953.31 to 2953.36 of the Revised Code.	804

(F) The person or governmental agency, office, or department	805
that maintains sealed records pertaining to convictions or bail	806
forfeitures that have been sealed pursuant to this section may	807
maintain a manual or computerized index to the sealed records. The	808
index shall contain only the name of, and alphanumeric identifiers	809
that relate to, the persons who are the subject of the sealed	810
records, the word "sealed," and the name of the person, agency,	811
office, or department that has custody of the sealed records, and	812
shall not contain the name of the crime committed. The index shall	813
be made available by the person who has custody of the sealed	814
records only for the purposes set forth in divisions (C), (D), and	815
(E) of this section.	816

(G) Notwithstanding any provision of this section or section	817
2953.33 of the Revised Code that requires otherwise, a board of	818
education of a city, local, exempted village, or joint vocational	819
school district that maintains records of an individual who has	820
been permanently excluded under sections 3301.121 and 3313.662 of	821
the Revised Code is permitted to maintain records regarding a	822
conviction that was used as the basis for the individual's	823
permanent exclusion, regardless of a court order to seal the	824
record. An order issued under this section to seal the record of a	825
conviction does not revoke the adjudication order of the	826
superintendent of public instruction to permanently exclude the	827
individual who is the subject of the sealing order. An order	828
issued under this section to seal the record of a conviction of an	829
individual may be presented to a district superintendent as	830
evidence to support the contention that the superintendent should	831
recommend that the permanent exclusion of the individual who is	832
the subject of the sealing order be revoked. Except as otherwise	833
authorized by this division and sections 3301.121 and 3313.662 of	834
the Revised Code, any school employee in possession of or having	835
access to the sealed conviction records of an individual that were	836
the basis of a permanent exclusion of the individual is subject to	837
section 2953.35 of the Revised Code.	838

Sec. 4701.08.  (A) As used in this section, "license" and	839
"applicant for an initial license" have the same meanings as in	840
section 4776.01 of the Revised Code, except that "license" as used	841
in both of those terms refers to the types of authorizations	842
otherwise issued or conferred under this chapter.	843

(B) In addition to any other eligibility requirement set	844
forth in this chapter, each applicant for an initial license shall	845
comply with sections 4776.01 to 4776.04 of the Revised Code. The	846
accountancy board shall not grant a license to an applicant for an	847
initial license unless the applicant complies with sections	848
4776.01 to 4776.04 of the Revised Code and the board, in its	849
discretion, decides that the results of the criminal records check	850
do not make the applicant ineligible for a license issued pursuant	851
to section 4701.06, 4701.061, 4701.07, 4701.09, or 4701.10 of the	852
Revised Code.	853

Sec. 4709.05.  In addition to any other duty imposed on the	854
barber board under this chapter, the board shall do all of the	855
following:	856

(A) Organize by electing a chairperson from its members to	857
serve a one-year term;	858

(B) Hold regular meetings, at the times and places as it	859
determines for the purpose of conducting the examinations required	860
under this chapter, and hold additional meetings for the	861
transaction of necessary business;	862

(C) Provide for suitable quarters, in the city of Columbus,	863
for the conduct of its business and the maintenance of its	864
records;	865

(D) Adopt a common seal for the authentication of its orders,	866
communications, and records;	867

(E) Maintain a record of its proceedings and a register of	868
persons licensed as barbers. The register shall include each	869
licensee's name, place of business, residence, and licensure date	870
and number, and a record of all licenses issued, refused, renewed,	871
suspended, or revoked. The records are open to public inspection	872
at all reasonable times.	873

(F) Annually, on or before the first day of January, make a	874
report to the governor of all its official acts during the	875
preceding year, its receipts and disbursements, recommendations it	876
determines appropriate, and an evaluation of board activities	877
intended to aid or protect consumers of barber services;	878

(G) Employ an executive director who shall do all things	879
requested by the board for the administration and enforcement of	880
this chapter. The executive director shall employ inspectors,	881
clerks, and other assistants as the executive director determines	882
necessary.	883

(H) Ensure that the practice of barbering is conducted only	884
in a licensed barber shop, except when the practice of barbering	885
is performed on a person whose physical or mental disability	886
prevents that person from going to a licensed barber shop;	887

(I) Conduct or have conducted the examination for applicants	888
to practice as licensed barbers at least four times per year at	889
the times and places the board determines;	890

(J) Adopt rules, in accordance with Chapter 119. of the	891
Revised Code, to administer and enforce this chapter and which	892
cover all of the following:	893

(1) Sanitary standards for the operation of barber shops and	894
barber schools that conform to guidelines established by the	895
department of health;	896

(2) The content of the examination required of an applicant	897
for a barber license. The examination shall include a practical	898
demonstration and a written test, shall relate only to the	899
practice of barbering, and shall require the applicant to	900
demonstrate that the applicant has a thorough knowledge of and	901
competence in the proper techniques in the safe use of chemicals	902
used in the practice of barbering.	903

(3) Continuing education requirements for persons licensed	904
pursuant to this chapter. The board may impose continuing	905
education requirements upon a licensee for a violation of this	906
chapter or the rules adopted pursuant thereto or if the board	907
determines that the requirements are necessary to preserve the	908
health, safety, or welfare of the public.	909

(4) Requirements for the licensure of barber schools, barber	910
teachers, and assistant barber teachers;	911

(5) Requirements for students of barber schools;

912

(6) Requirements for criminal records checks of applicants	913
under section 4776.03 of the Revised Code;	914

(7) Any other area the board determines appropriate to	915
administer or enforce this chapter.	916

(K) Annually review the rules adopted pursuant to division	917
(J) of this section in order to compare those rules with the rules	918
adopted by the state board of cosmetology pursuant to section	919
4713.08 of the Revised Code. If the barber board determines that	920
the rules adopted by the state board of cosmetology, including,	921
but not limited to, rules concerning using career technical	922
schools, would be beneficial to the barbering profession, the	923
barber board shall adopt rules similar to those it determines	924
would be beneficial for barbers.	925

(L) Prior to adopting any rule under this chapter, indicate	926
at a formal hearing the reasons why the rule is necessary as a	927
protection of the persons who use barber services or as an	928
improvement of the professional standing of barbers in this state;	929

(M) Furnish each owner or manager of a barber shop and barber	930
school with a copy of all sanitary rules adopted pursuant to	931
division (J) of this section;	932

(N) Conduct such investigations and inspections of persons	933
and establishments licensed or unlicensed pursuant to this chapter	934
and for. For that purpose, any member of the board or any of its	935
authorized agents may enter and inspect any place of business of a	936
licensee or a person suspected of violating this chapter or the	937
rules adopted pursuant theretoto it, during normal business	938
hours;.	939

(O) Upon the written request of an applicant and the payment	940
of the appropriate fee, provide to the applicant licensure	941
information concerning the applicant;	942

(P) Do all things necessary for the proper administration and	943
enforcement of this chapter.	944

Sec. 4709.071.  (A) As used in this section, "license" and	945
"applicant for an initial license" have the same meanings as in	946
section 4776.01 of the Revised Code, except that "license" as used	947
in both of those terms refers to the types of authorizations	948
otherwise issued or conferred under this chapter.	949

(B) In addition to any other eligibility requirement set	950
forth in this chapter, each applicant for an initial license shall	951
comply with sections 4776.01 to 4776.04 of the Revised Code. The	952
barber board shall not grant a license to an applicant for an	953
initial license unless the applicant complies with sections	954
4776.01 to 4776.04 of the Revised Code and the board, in its	955
discretion, decides that the results of the criminal records check	956
do not make the applicant ineligible for a license issued pursuant	957
to section 4709.07, 4709.08, 4709.09, or 4709.10 of the Revised	958
Code.	959

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

960

(1) "License" has the same meaning as in division (A)(2) of	961
section 4776.01 of the Revised Code.	962

(2) "Applicant for an initial license" has the same meaning	963
as in division (D) of section 4776.01 of the Revised Code.	964

(B) In addition to any other eligibility requirement set	965
forth in this chapter, each applicant for an initial license	966
issued pursuant to section 4715.12, 4715.16, 4715.21, or 4715.27	967
of the Revised Code shall comply with sections 4776.01 to 4776.04	968
of the Revised Code. The state dental board shall not grant a	969
license to an applicant for an initial license issued pursuant to	970
section 4715.12, 4715.16, 4715.21, or 4715.27 of the Revised Code	971
unless the applicant complies with sections 4776.01 to 4776.04 of	972
the Revised Code and the board, in its discretion, decides that	973
the results of the criminal records check do not make the	974
applicant ineligible for a license issued pursuant to section	975
4715.12, 4715.16, 4715.21, or 4715.27 of the Revised Code.	976

Sec. 4717.04.  (A) The board of embalmers and funeral	977
directors shall adopt rules in accordance with Chapter 119. of the	978
Revised Code for the government, transaction of the business, and	979
the management of the affairs of the board of embalmers and	980
funeral directors and the crematory review board, and for the	981
administration and enforcement of this chapter. These rules shall	982
include all of the following:	983

(1) The nature, scope, content, and form of the application	984
that must be completed and license examination that must be passed	985
in order to receive an embalmer's license or a funeral director's	986
license under section 4717.05 of the Revised Code. The rules shall	987
ensure both of the following:	988

(a) That the embalmer's license examination tests the	989
applicant's knowledge through at least a comprehensive section and	990
an Ohio laws section;	991

(b) That the funeral director's license examination tests the	992
applicant's knowledge through at least a comprehensive section, an	993
Ohio laws section, and a sanitation section.	994

(2) The minimum license examination score necessary to be	995
licensed under section 4717.05 of the Revised Code as an embalmer	996
or as a funeral director;	997

(3) Procedures for determining the dates of the embalmer's	998
and funeral director's license examinations, which shall be	999
administered at least once each year, the time and place of each	1000
examination, and the supervision required for each examination;	1001

(4) Procedures for determining whether the board shall accept	1002
an applicant's compliance with the licensure, registration, or	1003
certification requirements of another state as grounds for	1004
granting the applicant a license under this chapter;	1005

(5) A determination of whether completion of a nationally	1006
recognized embalmer's or funeral director's examination	1007
sufficiently meets the license requirements for the comprehensive	1008
section of either the embalmer's or the funeral director's license	1009
examination administered under this chapter;	1010

(6) Continuing education requirements for licensed embalmers	1011
and funeral directors;	1012

(7) Requirements for the licensing and operation of funeral	1013
homes;	1014

(8) Requirements for the licensing and operation of embalming	1015
facilities;	1016

(9) A schedule that lists, and specifies a forfeiture	1017
commensurate with, each of the following types of conduct which,	1018
for the purposes of division (A)(9) of this section and section	1019
4717.15 of the Revised Code, are violations of this chapter:	1020

(a) Obtaining a license under this chapter by fraud or	1021
misrepresentation either in the application or in passing the	1022
required examination for the license;	1023

(b) Purposely violating any provision of sections 4717.01 to	1024
4717.15 of the Revised Code or a rule adopted under any of those	1025
sections; division (A) or (B) of section 4717.23; division (B)(1)	1026
or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions	1027
(H) to (K) of section 4717.26; division (D)(1) of section 4717.27;	1028
or divisions (A) to (C) of section 4717.28 of the Revised Code;	1029

(c) Committing unprofessional conduct;

1030

(d) Knowingly permitting an unlicensed person, other than a	1031
person serving an apprenticeship, to engage in the profession or	1032
business of embalming or funeral directing under the licensee's	1033
supervision;	1034

(e) Refusing to promptly submit the custody of a dead human	1035
body upon the express order of the person legally entitled to the	1036
body;	1037

(f) Transferring a license to operate a funeral home,	1038
embalming facility, or crematory facility from one owner or	1039
operator to another, or from one location to another, without	1040
notifying the board;	1041

(g) Misleading the public using false or deceptive	1042
advertising.	1043

Each instance of the commission of any of the types of	1044
conduct described in divisions (A)(9)(a), (b), (c), (d), (e), (f),	1045
and (g) of this section is a separate violation. The rules adopted	1046
under division (A)(9) of this section shall establish the amount	1047
of the forfeiture for a violation of each of those divisions. The	1048
forfeiture for a first violation shall not exceed five thousand	1049
dollars, and the forfeiture for a second or subsequent violation	1050
shall not exceed ten thousand dollars. The amount of the	1051
forfeiture may differ among the types of violations according to	1052
what the board considers the seriousness of each violation.	1053

(10) Requirements for the licensing and operation of	1054
crematory facilities;	1055

(11) Procedures for the issuance of duplicate licenses;

1056

(12) Requirements for criminal records checks of applicants	1057
under section 4776.03 of the Revised Code.	1058

(B) The board may adopt rules governing the educational	1059
standards for licensure as an embalmer or funeral director and the	1060
standards of service and practice to be followed in embalming and	1061
funeral directing and in the operation of funeral homes, embalming	1062
facilities, and crematory facilities in this state.	1063

(C) Nothing in this chapter authorizes the board of embalmers	1064
and funeral directors to regulate cemeteries, except that the	1065
board shall license and regulate crematories located at cemeteries	1066
in accordance with this chapter.	1067

Sec. 4717.061.  (A) As used in this section, "license" and	1068
"applicant for an initial license" have the same meanings as in	1069
section 4776.01 of the Revised Code, except that "license" as used	1070
in both of those terms refers to the types of authorizations	1071
otherwise issued or conferred under this chapter.	1072

(B) In addition to any other eligibility requirement set	1073
forth in this chapter, each applicant for an initial license shall	1074
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1075
board of embalmers and funeral directors shall not grant a license	1076
to an applicant for an initial license unless the applicant	1077
complies with sections 4776.01 to 4776.04 of the Revised Code and	1078
the board, in its discretion, decides that the results of the	1079
criminal records check do not make the applicant ineligible for a	1080
license issued pursuant to section 4717.05, 4717.06, or 4717.10 of	1081
the Revised Code.	1082

Sec. 4725.09.  (A) The state board of optometry shall adopt	1083
rules as it considers necessary to govern the practice of	1084
optometry and to administer and enforce sections 4725.01 to	1085
4725.34 of the Revised Code. All rules adopted under those	1086
sections 4725.01 to 4725.34 of the Revised Code shall be adopted	1087
in accordance with Chapter 119. of the Revised Code.	1088

(B) The board, in consultation with the state board of	1089
pharmacy, shall adopt rules specifying oral dosages of drugs or	1090
dangerous drugs that are therapeutic pharmaceutical agents under	1091
division (C)(3) of section 4725.01 of the Revised Code.	1092

(C) The board shall adopt rules that establish standards to	1093
be met and procedures to be followed with respect to the	1094
delegation by an optometrist of the performance of an optometric	1095
task to a person who is not licensed or otherwise specifically	1096
authorized by the Revised Code to perform the task. The rules	1097
shall permit an optometrist who holds a topical ocular	1098
pharmaceutical agents certificate or therapeutic pharmaceutical	1099
agents certificate to delegate the administration of drugs	1100
included in the optometrist's scope of practice.	1101

The rules adopted under this division shall provide for all	1102
of the following:	1103

(1) On-site supervision when the delegation occurs in an	1104
institution or other facility that is used primarily for the	1105
purpose of providing health care, unless the board established a	1106
specific exception to the on-site supervision requirement with	1107
respect to routine administration of a topical drug;	1108

(2) Evaluation of whether delegation is appropriate according	1109
to the acuity of the patient involved;	1110

(3) Training and competency requirements that must be met by	1111
the person administering the drugs;	1112

(4) Other standards and procedures the board considers	1113
relevant.	1114

(D) The state board of optometry shall adopt rules	1115
establishing criminal records checks requirements for applicants	1116
under section 4776.03 of the Revised Code.	1117

Sec. 4725.121.  (A) As used in this section, "license" and	1118
"applicant for an initial license" have the same meanings as in	1119
section 4776.01 of the Revised Code, except that "license" as used	1120
in both of those terms refers to the types of authorizations	1121
otherwise issued or conferred under this chapter.	1122

(B) In addition to any other eligibility requirement set	1123
forth in this chapter, each applicant for an initial license shall	1124
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1125
state board of optometry shall not grant a license to an applicant	1126
for an initial license unless the applicant complies with sections	1127
4776.01 to 4776.04 of the Revised Code and the board, in its	1128
discretion, decides that the results of the criminal records check	1129
do not make the applicant ineligible for a license issued pursuant	1130
to section 4725.13 or 4725.18 of the Revised Code.	1131

Sec. 4725.44.  (A) The Ohio optical dispensers board shall be	1132
responsible for the administration of sections 4725.40 to 4725.59	1133
of the Revised Code and, in particular, shall process applications	1134
for licensure as licensed dispensing opticians and ocularists;	1135
schedule, administer, and supervise the qualifying examinations	1136
for licensure or contract with a testing service to schedule,	1137
administer, and supervise the qualifying examination for	1138
licensure; issue licenses to qualified individuals; revoke and	1139
suspend licenses; and maintain adequate records with respect to	1140
its operations and responsibilities.	1141

(B) The board shall adopt, amend, or rescind rules, pursuant	1142
to Chapter 119. of the Revised Code, for the licensure of	1143
dispensing opticians and ocularists, and such other rules as are	1144
required by or necessary to carry out the responsibilities imposed	1145
by sections 4725.40 to 4725.59 of the Revised Code, including	1146
rules establishing criminal records check requirements under	1147
section 4776.03 of the Revised Code.	1148

(C) The board shall have no authority to adopt rules	1149
governing the employment of dispensing opticians, the location or	1150
number of optical stores, advertising of optical products or	1151
services, or the manner in which suchoptical products can be	1152
displayed.	1153

Sec. 4725.501.  (A) As used in this section, "license" and	1154
"applicant for an initial license" have the same meanings as in	1155
section 4776.01 of the Revised Code, except that "license" as used	1156
in both of those terms refers to the types of authorizations	1157
otherwise issued or conferred under this chapter.	1158

(B) In addition to any other eligibility requirement set	1159
forth in this chapter, each applicant for an initial license shall	1160
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1161
Ohio optical dispensers board shall not grant a license to an	1162
applicant for an initial license unless the applicant complies	1163
with sections 4776.01 to 4776.04 of the Revised Code and the	1164
board, in its discretion, decides that the results of the criminal	1165
records check do not make the applicant ineligible for a license	1166
issued pursuant to section 4725.50 or 4725.57 of the Revised Code.	1167

Sec. 4729.071.  (A) As used in this section, "license" and	1168
"applicant for an initial license" have the same meanings as in	1169
section 4776.01 of the Revised Code, except that "license" as used	1170
in both of those terms refers to the types of authorizations	1171
otherwise issued or conferred under this chapter.	1172

(B) In addition to any other eligibility requirement set	1173
forth in this chapter, each applicant for an initial license shall	1174
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1175
state board of pharmacy shall not grant a license to an applicant	1176
for an initial license unless the applicant complies with sections	1177
4776.01 to 4776.04 of the Revised Code and the board, in its	1178
discretion, decides that the results of the criminal records check	1179
do not make the applicant ineligible for a license issued pursuant	1180
to section 4729.08, 4729.09, or 4729.11 of the Revised Code.	1181

Sec. 4730.101. In addition to any other eligibility	1182
requirement set forth in this chapter, each applicant for a	1183
certificate to practice as a physician assistant shall comply with	1184
sections 4776.01 to 4776.04 of the Revised Code. The state medical	1185
board shall not grant to an applicant a certificate to practice as	1186
a physician assistant unless the board, in its discretion, decides	1187
that the results of the criminal records check do not make the	1188
applicant ineligible for a certificate issued pursuant to section	1189
4730.12 of the Revised Code.	1190

Sec. 4730.14.  (A) A certificate to practice as a physician	1191
assistant shall expire biennially and may be renewed in accordance	1192
with this section. A person seeking to renew a certificate to	1193
practice as a physician assistant shall, on or before the	1194
thirty-first day of January of each even-numbered year, apply for	1195
renewal of the certificate. The state medical board shall send	1196
renewal notices at least one month prior to the expiration date.	1197

Applications shall be submitted to the board on forms the	1198
board shall prescribe and furnish. Each application shall be	1199
accompanied by a biennial renewal fee of one hundred dollars. The	1200
board shall deposit the fees in accordance with section 4731.24 of	1201
the Revised Code.	1202

The applicant shall report any criminal offense that	1203
constitutes grounds for refusing to issue a certificate to	1204
practice under section 4730.25 of the Revised Code to which the	1205
applicant has pleaded guilty, of which the applicant has been	1206
found guilty, or for which the applicant has been found eligible	1207
for intervention in lieu of conviction, since last signing an	1208
application for a certificate to practice as a physician	1209
assistant.	1210

(B) To be eligible for renewal, a physician assistant shall	1211
certify to the board both of the following:	1212

(1) That the physician assistant has maintained certification	1213
by the national commission on certification of physician	1214
assistants or a successor organization that is recognized by the	1215
board by meeting the standards to hold current certification from	1216
the commission or its successor, including completion of	1217
continuing medical education requirements and passing periodic	1218
recertification examinations;	1219

(2) Except as provided in division (F) of this section and	1220
section 5903.12 of the Revised Code, that the physician assistant	1221
has completed during the current certification period not less	1222
than one hundred hours of continuing medical education acceptable	1223
to the board.	1224

(C) The board shall adopt rules in accordance with Chapter	1225
119. of the Revised Code specifying the types of continuing	1226
medical education that must be completed to fulfill the board's	1227
requirements under division (B)(2) of this section. Except when	1228
additional continuing medical education is required to renew a	1229
certificate to prescribe, as specified in section 4730.49 of the	1230
Revised Code, the board shall not adopt rules that require a	1231
physician assistant to complete in any certification period more	1232
than one hundred hours of continuing medical education acceptable	1233
to the board. In fulfilling the board's requirements, a physician	1234
assistant may use continuing medical education courses or programs	1235
completed to maintain certification by the national commission on	1236
certification of physician assistants or a successor organization	1237
that is recognized by the board if the standards for acceptable	1238
courses and programs of the commission or its successor are at	1239
least equivalent to the standards established by the board.	1240

(D) If an applicant submits a complete renewal application	1241
and qualifies for renewal pursuant to division (B) of this	1242
section, the board shall issue to the applicant a renewed	1243
certificate to practice as a physician assistant.	1244

(E) The board may require a random sample of physician	1245
assistants to submit materials documenting certification by the	1246
national commission on certification of physician assistants or a	1247
successor organization that is recognized by the board and	1248
completion of the required number of hours of continuing medical	1249
education.	1250

(F) The board shall provide for pro rata reductions by month	1251
of the number of hours of continuing education that must be	1252
completed for individuals who are in their first certification	1253
period, who have been disabled due to illness or accident, or who	1254
have been absent from the country. The board shall adopt rules, in	1255
accordance with Chapter 119. of the Revised Code, as necessary to	1256
implement this division.	1257

(G)(1) A certificate to practice that is not renewed on or	1258
before its expiration date is automatically suspended on its	1259
expiration date. Continued practice after suspension of the	1260
certificate shall be considered as practicing in violation of	1261
division (A) of section 4730.02 of the Revised Code.	1262

(2) If a certificate has been suspended pursuant to division	1263
(G)(1) of this section for two years or less, it may be	1264
reinstated. The board shall reinstate a certificate suspended for	1265
failure to renew upon an applicant's submission of a renewal	1266
application, the biennial renewal fee, and any applicable monetary	1267
penalty, and certification by signature of the applicant that the	1268
applicant has completed the number of hours of continuing	1269
education necessary to have a certificate reinstated, as specified	1270
in rules the board shall adopt in accordance with Chapter 119. of	1271
the Revised Code.	1272

If a certificate has been suspended pursuant to division	1273
(G)(1) of this division for more than two years, it may be	1274
restored. In accordance with section 4730.28 of the Revised Code,	1275
the board may restore a certificate suspended for failure to renew	1276
upon an applicant's submission of a restoration application, the	1277
biennial renewal fee, and any applicable monetary penalty and	1278
compliance with sections 4776.01 to 4776.04 of the Revised Code.	1279
The board shall not restore to an applicant a certificate to	1280
practice as a physician assistant unless the board, in its	1281
discretion, decides that the results of the criminal records check	1282
do not make the applicant ineligible for a certificate issued	1283
pursuant to section 4730.12 of the Revised Code.	1284

The penalty for reinstatement shall be fifty dollars and the	1285
penalty for restoration shall be one hundred dollars. The board	1286
shall deposit penalties in accordance with section 4731.24 of the	1287
Revised Code.	1288

(H) If an individual certifies that the individual has	1289
completed the number of hours and type of continuing medical	1290
education required for renewal or reinstatement of a certificate	1291
to practice as a physician assistant, and the board finds through	1292
a random sample conducted under division (E) of this section or	1293
through any other means that the individual did not complete the	1294
requisite continuing medical education, the board may impose a	1295
civil penalty of not more than five thousand dollars. The board's	1296
finding shall be made pursuant to an adjudication under Chapter	1297
119. of the Revised Code and by an affirmative vote of not fewer	1298
than six members.	1299

A civil penalty imposed under this division may be in	1300
addition to or in lieu of any other action the board may take	1301
under section 4730.25 of the Revised Code. The board shall deposit	1302
civil penalties in accordance with section 4731.24 of the Revised	1303
Code.	1304

Sec. 4730.28. (A) An individual whose certificate to practice	1305
as a physician assistant has been suspended or is in an inactive	1306
state for any cause for more than two years may apply to the state	1307
medical board to have the certificate restored.	1308

(B)(1) Before restoringThe board shall not restore a	1309
certificate under this section, theunless the applicant complies	1310
with sections 4776.01 to 4776.04 of the Revised Code. The board	1311
shall determine the applicant's present fitness to resume	1312
practice. The board shall consider the moral background and the	1313
activities of the applicant during the period of suspension or	1314
inactivity.	1315

(2) When restoring a certificate, the board may impose terms	1316
and conditions, including the following:	1317

(a) Requiring the applicant to obtain additional training and	1318
pass an examination upon completion of the training;	1319

(b) Restricting or limiting the extent, scope, or type of	1320
practice as a physician assistant that the individual may resume.	1321

Sec. 4731.081. In addition to any other eligibility	1322
requirement set forth in this chapter, each applicant for a	1323
certificate to practice medicine and surgery or osteopathic	1324
medicine and surgery shall comply with sections 4776.01 to 4776.04	1325
of the Revised Code. The state medical board shall not grant to an	1326
applicant a certificate to practice medicine and surgery or	1327
osteopathic medicine and surgery unless the board, in its	1328
discretion, decides that the results of the criminal records check	1329
do not make the applicant ineligible for a certificate issued	1330
pursuant to section 4731.14 of the Revised Code.	1331

Sec. 4731.15.  (A)(1) The state medical board also shall	1332
regulate the following limited branches of medicine: massage	1333
therapy and cosmetic therapy, and to the extent specified in	1334
section 4731.151 of the Revised Code, naprapathy and	1335
mechanotherapy. The board shall adopt rules governing the limited	1336
branches of medicine under its jurisdiction. The rules shall be	1337
adopted in accordance with Chapter 119. of the Revised Code.	1338

(2) As used in this chapter, "cosmetic therapy" means the	1339
permanent removal of hair from the human body through the use of	1340
electric modalities approved by the board for use in cosmetic	1341
therapy, and additionally may include the systematic friction,	1342
stroking, slapping, and kneading or tapping of the face, neck,	1343
scalp, or shoulders.	1344

(B) All persons who hold a certificate to practice a limited	1345
branch of medicine issued by the state medical board, whether	1346
residents of this state or not, shall on or before the first day	1347
of June of each odd-numbered year, register with the state medical	1348
board on a form prescribed by the board and shall pay at such time	1349
a biennial registration fee of fifty dollars. At least one month	1350
in advance of the date of registration, a written notice that the	1351
biennial registration fee is due on or before the first day of	1352
June shall be sent to each holder of a certificate to practice a	1353
limited branch of medicine, at the person's last known address.	1354
All persons who hold a certificate to practice a limited branch of	1355
medicine issued by the state medical board shall provide the board	1356
written notice of any change of address.	1357

A certificate to practice a limited branch of medicine shall	1358
be automatically suspended if the fee is not paid by the first day	1359
of September of the year it is due. Continued practice after the	1360
suspension of the certificate to practice shall be considered as	1361
practicing in violation of sections 4731.34 and 4731.41 of the	1362
Revised Code. Subject to section 4731.222 of the Revised Code, if	1363
a certificate to practice has been suspended pursuant to this	1364
division for two years or less, the board shall reinstate a	1365
certificate to practice suspended for failure to register onupon	1366
an applicant's submission of a renewal application and payment of	1367
the biennial registration fee and the applicable monetary penalty.	1368
With regard to reinstatement of a certificate to practice cosmetic	1369
therapy, the applicant also shall submit with the application a	1370
certification that the number of hours of continuing education	1371
necessary to have a suspended certificate reinstated have been	1372
completed, as specified in rules the board shall adopt in	1373
accordance with Chapter 119. of the Revised Code. The penalty for	1374
reinstatement shall be twenty-five dollars if the. If a	1375
certificate has been suspended for two years or less and fifty	1376
dollars if the certificate has been suspendedpursuant to this	1377
division for more than two years, it may be restored upon an	1378
applicant's submission of a restoration application, the biennial	1379
registration fee, and the applicable monetary penalty and	1380
compliance with sections 4776.01 to 4776.04 of the Revised Code.	1381
The board shall not restore to an applicant a certificate to	1382
practice unless the board, in its discretion, decides that the	1383
results of the criminal records check do not make the applicant	1384
ineligible for a certificate issued pursuant to section 4731.18 of	1385
the Revised Code. The penalty for restoration is fifty dollars.	1386

Sec. 4731.171. In addition to any other eligibility	1387
requirement set forth in this chapter, each applicant for a	1388
certificate to practice massage therapy or cosmetic therapy shall	1389
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1390
state medical board shall not grant to an applicant a certificate	1391
to practice massage therapy or cosmetic therapy unless the board,	1392
in its discretion, decides that the results of the criminal	1393
records check do not make the applicant ineligible for a	1394
certificate issued pursuant to section 4731.18 of the Revised	1395
Code.	1396

Sec. 4731.222.  Before restoring to good standing a	1397
certificate issued under this chapter that has been in a suspended	1398
or inactive state for any cause for more than two years, or before	1399
issuing a certificate pursuant to section 4731.18, 4731.29,	1400
4731.295, 4731.57, or 4731.571 of the Revised Code to an applicant	1401
who for more than two years has not been engaged in the practice	1402
of medicine, osteopathic medicine, podiatric medicine and surgery,	1403
or a limited branch of medicine as an active practitioner, as a	1404
participant in a program of graduate medical education, as defined	1405
in section 4731.091 of the Revised Code, as a student in a college	1406
of podiatry determined by the board to be in good standing, or as	1407
a student in a school, college, or institution giving instruction	1408
in a limited branch of medicine determined by the board to be in	1409
good standing under section 4731.19 of the Revised Code, the state	1410
medical board may require the applicant to pass an oral or written	1411
examination, or both, to determine the applicant's present fitness	1412
to resume practice.	1413

The authority of the board to impose terms and conditions	1414
includes the following:	1415

(A) Requiring the applicant to obtain additional training and	1416
to pass an examination upon completion of such training;	1417

(B) Restricting or limiting the extent, scope, or type of	1418
practice of the applicant.	1419

The board shall consider the moral background and the	1420
activities of the applicant during the period of suspension or	1421
inactivity, in accordance with section 4731.08 of the Revised	1422
Code. The board shall not restore a certificate under this section	1423
unless the applicant complies with sections 4776.01 to 4776.04 of	1424
the Revised Code.	1425

Sec. 4731.281.  (A) On or before the deadline established	1426
under division (B) of this section for applying for renewal of a	1427
certificate of registration, each person holding a certificate	1428
under this chapter to practice medicine and surgery, osteopathic	1429
medicine and surgery, or podiatric medicine and surgery shall	1430
certify to the state medical board that in the preceding two years	1431
the person has completed one hundred hours of continuing medical	1432
education. The certification shall be made upon the application	1433
for biennial registration submitted pursuant to division (B) of	1434
this section. The board shall adopt rules providing for pro rata	1435
reductions by month of the number of hours of continuing education	1436
required for persons who are in their first registration period,	1437
who have a registration period of less than two years due to	1438
initial implementation of the staggered renewal schedule	1439
established under division (B) of this section, who have been	1440
disabled due to illness or accident, or who have been absent from	1441
the country.	1442

In determining whether a course, program, or activity	1443
qualifies for credit as continuing medical education, the board	1444
shall approve all continuing medical education taken by persons	1445
holding a certificate to practice medicine and surgery that is	1446
certified by the Ohio state medical association, all continuing	1447
medical education taken by persons holding a certificate to	1448
practice osteopathic medicine and surgery that is certified by the	1449
Ohio osteopathic association, and all continuing medical education	1450
taken by persons holding a certificate to practice podiatry that	1451
is certified by the Ohio podiatric medical association. Each	1452
person holding a certificate to practice under this chapter shall	1453
be given sufficient choice of continuing education programs to	1454
ensure that the person has had a reasonable opportunity to	1455
participate in continuing education programs that are relevant to	1456
the person's medical practice in terms of subject matter and	1457
level.	1458

The board may require a random sample of persons holding a	1459
certificate to practice under this chapter to submit materials	1460
documenting completion of the continuing medical education	1461
requirement during the preceding registration period, but this	1462
provision shall not limit the board's authority to investigate	1463
pursuant to section 4731.22 of the Revised Code.	1464

(B)(1) Every person holding a certificate under this chapter	1465
to practice medicine and surgery, osteopathic medicine and	1466
surgery, or podiatric medicine and surgery wishing to renew that	1467
certificate shall apply to the board for a certificate of	1468
registration upon an application furnished by the board, and pay	1469
to the board at the time of application a fee of three hundred	1470
five dollars, according to the following schedule:	1471

(a) Persons whose last name begins with the letters "A"	1472
through "B," on or before April 1, 2001, and the first day of	1473
April of every odd-numbered year thereafter;	1474

(b) Persons whose last name begins with the letters "C"	1475
through "D," on or before January 1, 2001, and the first day of	1476
January of every odd-numbered year thereafter;	1477

(c) Persons whose last name begins with the letters "E"	1478
through "G," on or before October 1, 2000, and the first day of	1479
October of every even-numbered year thereafter;	1480

(d) Persons whose last name begins with the letters "H"	1481
through "K," on or before July 1, 2000, and the first day of July	1482
of every even-numbered year thereafter;	1483

(e) Persons whose last name begins with the letters "L"	1484
through "M," on or before April 1, 2000, and the first day of	1485
April of every even-numbered year thereafter;	1486

(f) Persons whose last name begins with the letters "N"	1487
through "R," on or before January 1, 2000, and the first day of	1488
January of every even-numbered year thereafter;	1489

(g) Persons whose last name begins with the lettersletter	1490
"S," on or before October 1, 1999, and the first day of October of	1491
every odd-numbered year thereafter;	1492

(h) Persons whose last name begins with the letters "T"	1493
through "Z," on or before July 1, 1999, and the first day of July	1494
of every odd-numbered year thereafter.	1495

The board shall deposit the fee in accordance with section	1496
4731.24 of the Revised Code, except that the board shall deposit	1497
twenty dollars of the fee into the state treasury to the credit of	1498
the physician loan repayment fund created by section 3702.78 of	1499
the Revised Code.	1500

(2) The board shall mail or cause to be mailed to every	1501
person registered to practice medicine and surgery, osteopathic	1502
medicine and surgery, or podiatric medicine and surgery, an	1503
application for registration addressed to the person's last known	1504
post-office address or may cause the application to be sent to the	1505
person through the secretary of any recognized medical,	1506
osteopathic, or podiatric society, according to the following	1507
schedule:	1508

(a) To persons whose last name begins with the letters "A"	1509
through "B," on or before January 1, 2001, and the first day of	1510
January of every odd-numbered year thereafter;	1511

(b) To persons whose last name begins with the letters "C"	1512
through "D," on or before October 1, 2000, and the first day of	1513
October of every even-numbered year thereafter;	1514

(c) To persons whose last name begins with the letters "E"	1515
through "G," on or before July 1, 2000, and the first day of July	1516
of every even-numbered year thereafter;	1517

(d) To persons whose last name begins with the letters "H"	1518
through "K," on or before April 1, 2000, and the first day of	1519
April of every even-numbered year thereafter;	1520

(e) To persons whose last name begins with the letters "L"	1521
through "M," on or before January 1, 2000, and the first day of	1522
January of every even-numbered year thereafter;	1523

(f) To persons whose last name begins with the letters "N"	1524
through "R," on or before October 1, 1999, and the first day of	1525
October of every odd-numbered year thereafter;	1526

(g) To persons whose last name begins with the lettersletter	1527
"S," on or before July 1, 1999, and the first day of July of every	1528
odd-numbered year thereafter;	1529

(h) To persons whose last name begins with the letters "T"	1530
through "Z," on or before April 1, 1999, and the first day of	1531
April of every odd-numbered year thereafter;.	1532

Failure of any person to receive an application from the	1533
board shall not excuse the person from the requirements contained	1534
in this section. The application shall contain proper spaces for	1535
the applicant's signature and the insertion of the required	1536
information, including a statement that the person has fulfilled	1537
the continuing education requirements imposed by this section.	1538

The applicant shall write or cause to be written upon the	1539
application so furnished the applicant's full name, principal	1540
practice address and residence address, the number of the	1541
applicant's certificate to practice, and any other facts for the	1542
identification of the applicant as a person holding a certificate	1543
to practice under this chapter as the board considers necessary.	1544
The applicant shall include with the application a list of the	1545
names and addresses of any clinical nurse specialists, certified	1546
nurse-midwives, or certified nurse practitioners with whom the	1547
applicant is currently collaborating, as defined in section	1548
4723.01 of the Revised Code. The applicant shall execute and	1549
deliver the application to the board by mail or in person. Every	1550
person registered under this section shall give written notice to	1551
the board of any change of principal practice address or residence	1552
address or in the list within thirty days of the change.	1553

The applicant shall report any criminal offense that	1554
constitutes grounds for refusal of registration under section	1555
4731.22 of the Revised Code to which the applicant has pleaded	1556
guilty, of which the applicant has been found guilty, or for which	1557
the applicant has been found eligible for intervention in lieu of	1558
conviction, since last signing an application for a certificate of	1559
registration.	1560

(C) The board shall issue to any person holding a certificate	1561
under this chapter to practice medicine and surgery, osteopathic	1562
medicine and surgery, or podiatric medicine and surgery, upon	1563
application and qualification therefor in accordance with this	1564
section, a certificate of registration under the seal of the	1565
board. A certificate of registration shall be valid for a two-year	1566
period, commencing on the first day of the third month after the	1567
registration fee is due and expiring on the last day of the month	1568
two years thereafter.	1569

The board shall publish and cause to be mailed to each person	1570
registered under this section, upon request, a printed list of the	1571
persons so registered.	1572

(D) Failure of any certificate holder to register and comply	1573
with this section shall operate automatically to suspend the	1574
holder's certificate to practice. Continued practice after the	1575
suspension of the certificate to practice shall be considered as	1576
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	1577
the Revised Code. If the certificate has been suspended pursuant	1578
to this division for two years or less, it may be reinstated. The	1579
board shall reinstate a certificate to practice for failure to	1580
register upon an applicant's submission of a renewal application,	1581
the biennial registration fee, and the applicable monetary	1582
penalty, and certification by signature of the applicant that the	1583
applicant has completed the requisite continuing medical	1584
education. The penalty for reinstatement shall be fifty dollars.	1585
If the certificate has been suspended pursuant to this division	1586
for more than two years, it may be restored. In accordance with	1587
section 4731.222 of the Revised Code, the board may restore a	1588
certificate to practice for failure to register upon an	1589
applicant's submission of a restoration application, the biennial	1590
registration fee, and the applicable monetary penalty and	1591
compliance with sections 4776.01 to 4776.04 of the Revised Code.	1592
The board shall not restore to an applicant a certificate to	1593
practice unless the board, in its discretion, decides that the	1594
results of the criminal records check do not make the applicant	1595
ineligible for a certificate issued pursuant to section 4731.14,	1596
4731.56, or 4731.57 of the Revised Code. The penalty for	1597
restoration shall be one hundred dollars. The board shall deposit	1598
the penalties in accordance with section 4731.24 of the Revised	1599
Code.	1600

(E) If an individual certifies completion of the number of	1601
hours and type of continuing medical education required to receive	1602
a certificate of registration or reinstatement of a certificate to	1603
practice, and the board finds through the random samples it	1604
conducts under this section or through any other means that the	1605
individual did not complete the requisite continuing medical	1606
education, the board may impose a civil penalty of not more than	1607
five thousand dollars. The board's finding shall be made pursuant	1608
to an adjudication under Chapter 119. of the Revised Code and by	1609
an affirmative vote of not fewer than six members.	1610

A civil penalty imposed under this division may be in	1611
addition to or in lieu of any other action the board may take	1612
under section 4731.22 of the Revised Code. The board shall deposit	1613
civil penalties in accordance with section 4731.24 of the Revised	1614
Code.	1615

(F) The state medical board may obtain information not	1616
protected by statutory or common law privilege from courts and	1617
other sources concerning malpractice claims against any person	1618
holding a certificate to practice under this chapter or practicing	1619
as provided in section 4731.36 of the Revised Code.	1620

(G) Each mailing sent by the board under division (B)(2) of	1621
this section to a person registered to practice medicine and	1622
surgery or osteopathic medicine and surgery shall inform the	1623
applicant of the reporting requirement established by division (H)	1624
of section 3701.79 of the Revised Code. At the discretion of the	1625
board, the information may be included on the application or on an	1626
accompanying page.	1627

Sec. 4731.296.  (A) For the purposes of this section, "the	1628
practice of telemedicine" means the practice of medicine in this	1629
state through the use of any communication, including oral,	1630
written, or electronic communication, by a physician located	1631
outside this state.	1632

(B) A person who wishes to practice telemedicine in this	1633
state shall file an application with the state medical board,	1634
together with a fee in the amount of the fee described in division	1635
(D) of section 4731.29 of the Revised Code,and shall comply with	1636
sections 4776.01 to 4776.04 of the Revised Code. If the board, in	1637
its discretion, decides that the results of the criminal records	1638
check do not make the person ineligible for a telemedicine	1639
certificate, the board may issue, without examination, a	1640
telemedicine certificate to a person who meets all of the	1641
following requirements:	1642

(1) The person holds a current, unrestricted license to	1643
practice medicine and surgery or osteopathic medicine and surgery	1644
issued by another state that requires license holders to complete	1645
at least fifty hours of continuing medical education every two	1646
years.	1647

(2) The person's principal place of practice is in that	1648
state.	1649

(3) The person does not hold a certificate issued under this	1650
chapter authorizing the practice of medicine and surgery or	1651
osteopathic medicine and surgery in this state.	1652

(4) The person meets the same age, moral character, and	1653
educational requirements individuals must meet under sections	1654
4731.08, 4731.09, 4731.091, and 4731.14 of the Revised Code and,	1655
if applicable, demonstrates proficiency in spoken English in	1656
accordance with division (E) of section 4731.29 of the Revised	1657
Code.	1658

(C) The holder of a telemedicine certificate may engage in	1659
the practice of telemedicine in this state. A person holding a	1660
telemedicine certificate shall not practice medicine in person in	1661
this state without obtaining a special activity certificate under	1662
section 4731.294 of the Revised Code.	1663

(D) The board may revoke a certificate issued under this	1664
section or take other disciplinary action against a certificate	1665
holder pursuant to section 4731.22 of the Revised Code on	1666
receiving proof satisfactory to the board that the certificate	1667
holder has engaged in practice in this state outside the scope of	1668
the certificate or that there are grounds for action against the	1669
holder under section 4731.22 of the Revised Code.	1670

(E) A telemedicine certificate shall be valid for a period	1671
specified by the board, and the initial renewal shall be in	1672
accordance with a schedule established by the board. Thereafter,	1673
the certificate shall be valid for two years. A certificate may be	1674
renewed on application of the holder.	1675

To be eligible for renewal, the holder of the certificate	1676
shall do both of the following:	1677

(1) Pay a fee in the amount of the fee described in division	1678
(B)(1) of section 4731.281 of the Revised Code;	1679

(2) Certify to the board compliance with the continuing	1680
medical education requirements of the state in which the holder's	1681
principal place of practice is located.	1682

The board may require a random sample of persons holding a	1683
telemedicine certificate to submit materials documenting	1684
completion of the continuing medical education requirements	1685
described in this division.	1686

(F) The board shall convert a telemedicine certificate to a	1687
certificate issued under section 4731.29 of the Revised Code on	1688
receipt of a written request from the certificate holder. Once the	1689
telemedicine certificate is converted, the holder is subject to	1690
all requirements and privileges attendant to a certificate issued	1691
under section 4731.29 of the Revised Code, including continuing	1692
medical education requirements.	1693

Sec. 4731.531. In addition to any other eligibility	1694
requirement set forth in this chapter, each applicant for a	1695
certificate to practice podiatric medicine and surgery shall	1696
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1697
state medical board shall not grant to an applicant a certificate	1698
to practice podiatric medicine and surgery unless the board, in	1699
its discretion, decides that the results of the criminal records	1700
check do not make the applicant ineligible for a certificate	1701
issued pursuant to section 4731.56 or 4731.57 of the Revised Code.	1702

Sec. 4732.091.  (A) As used in this section, "license" and	1703
"applicant for an initial license" have the same meanings as in	1704
section 4776.01 of the Revised Code, except that "license" as used	1705
in both of those terms refers to the types of authorizations	1706
otherwise issued or conferred under this chapter.	1707

(B) In addition to any other eligibility requirement set	1708
forth in this chapter, each applicant for an initial license shall	1709
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1710
state board of psychology shall not grant a license to an	1711
applicant for an initial license unless the applicant complies	1712
with sections 4776.01 to 4776.04 of the Revised Code and the	1713
board, in its discretion, decides that the results of the criminal	1714
records check do not make the applicant ineligible for a license	1715
issued pursuant to section 4732.14 of the Revised Code.	1716

Sec. 4734.202.  (A) As used in this section, "license" and	1717
"applicant for an initial license" have the same meanings as in	1718
section 4776.01 of the Revised Code, except that "license" as used	1719
in both of those terms refers to the types of authorizations	1720
otherwise issued or conferred under this chapter.	1721

(B) In addition to any other eligibility requirement set	1722
forth in this chapter, each applicant for an initial license shall	1723
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1724
state chiropractic board shall not grant a license to an applicant	1725
for an initial license unless the applicant complies with sections	1726
4776.01 to 4776.04 of the Revised Code and the board, in its	1727
discretion, decides that the results of the criminal records check	1728
do not make the applicant ineligible for a license issued pursuant	1729
to section 4734.20, 4734.23, or 4734.27 of the Revised Code.	1730

Sec. 4740.04.  The administrative section of the Ohio	1731
construction industry licensing board is responsible for the	1732
administration of this chapter and shall do all of the following:	1733

(A) Schedule the contractor examinations each of the other	1734
sections of the board directs. Each type of examination shall be	1735
held at least four times per year.	1736

(B) Select and contract with one or more persons to do all of	1737
the following relative to the examinations:	1738

(1) Prepare, administer, score, and maintain the	1739
confidentiality of the examinations;	1740

(2) Be responsible for all the expenses required to fulfill	1741
division (B)(1) of this section;	1742

(3) Charge an applicant a fee in an amount the	1743
administrative section of the board authorizes for administering	1744
the examination;	1745

(4) Design the examination for each type of contractor to	1746
determine an applicant's competence to perform that type of	1747
contracting.	1748

(C) Issue and renew licenses as follows:

1749

(1) Issue a license to any individual who the appropriate	1750
section of the board determines is qualified pursuant to section	1751
4740.06 of the Revised Code to hold a license and has attained a	1752
score on the examination that the appropriate section authorizes	1753
for the licensed trade.	1754

(a) Each license shall include a license number and an	1755
expiration date.	1756

(b) Each license issued to an individual who holds more than	1757
one valid license shall contain the same license number and	1758
expiration date as the original license issued to that individual.	1759

(2) Renew licenses for individuals who meet the renewal	1760
requirements of section 4740.06 of the Revised Code.	1761

(D) Make an annual written report to the director of commerce	1762
on proceedings had by or before the board for the previous year	1763
and make an annual statement of all money received and expended by	1764
the board during the year;	1765

(E) Keep a record containing the name, address, the date on	1766
which the board issues or renews a license to, and the license	1767
number of, every heating, ventilating, and air conditioning	1768
contractor, refrigeration contractor, electrical contractor,	1769
plumbing contractor, and hydronics contractor issued a license	1770
pursuant to this chapter;	1771

(F) Regulate a contractor's use and display of a license	1772
issued pursuant to this chapter and of any information contained	1773
in that license;	1774

(G) Adopt rules in accordance with Chapter 119. of the	1775
Revised Code as necessary to properly discharge the administrative	1776
section's duties under this chapter. The rules shall include, but	1777
not be limited to, the following:	1778

(1) Application procedures for examinations;

1779

(2) Specifications for continuing education requirements for	1780
license renewal that address all of the following:	1781

(a) A requirement that an individual who holds any number of	1782
valid and unexpired licenses accrue a total of ten hours of	1783
continuing education courses per year;	1784

(b) Fees the board charges to persons who provide continuing	1785
education courses, in an amount of twenty-five dollars annually	1786
for each person approved to provide courses, not more than ten	1787
dollars plus one dollar per credit hour for each course offered,	1788
and one dollar per credit hour of instruction per attendee;	1789

(c) A provision limiting approval of continuing education	1790
courses to one year.	1791

(3) Requirements for criminal records checks of applicants	1792
under section 4776.03 of the Revised Code.	1793

(H) Adopt any continuing education curriculum as the other	1794
sections of the board establish or approve pursuant to division	1795
(C) of section 4740.05 of the Revised Code;	1796

(I) Keep a record of its proceedings and do all things	1797
necessary to carry out this chapter.	1798

Sec. 4740.061.  (A) As used in this section, "license" and	1799
"applicant for an initial license" have the same meanings as in	1800
section 4776.01 of the Revised Code, except that "license" as used	1801
in both of those terms refers to the types of authorizations	1802
otherwise issued or conferred under this chapter.	1803

(B) In addition to any other eligibility requirement set	1804
forth in this chapter, each applicant for an initial license shall	1805
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1806
Ohio construction industry licensing board shall not grant a	1807
license to an applicant for an initial license unless the	1808
applicant complies with sections 4776.01 to 4776.04 of the Revised	1809
Code and the board, in its discretion, decides that the results of	1810
the criminal records check do not make the applicant ineligible	1811
for a license issued pursuant to section 4740.04 or 4740.08 of the	1812
Revised Code.	1813

Sec. 4741.10.  (A) As used in this section, "license" and	1814
"applicant for an initial license" have the same meanings as in	1815
section 4776.01 of the Revised Code, except that "license" as used	1816
in both of those terms refers to the types of authorizations	1817
otherwise issued or conferred under this chapter.	1818

(B) In addition to any other eligibility requirement set	1819
forth in this chapter, each applicant for an initial license shall	1820
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1821
state veterinary medical licensing board shall not grant a license	1822
to an applicant for an initial license unless the applicant	1823
complies with sections 4776.01 to 4776.04 of the Revised Code and	1824
the board, in its discretion, decides that the results of the	1825
criminal records check do not make the applicant ineligible for a	1826
license issued pursuant to section 4741.11, 4741.12, 4741.13, or	1827
4741.14 of the Revised Code.	1828

Sec. 4755.06.  The occupational therapy section of the Ohio	1829
occupational therapy, physical therapy, and athletic trainers	1830
board may make reasonable rules in accordance with Chapter 119. of	1831
the Revised Code relating to, but not limited to, the following:	1832

(A) The form and manner for filing applications for licensure	1833
under sections 4755.04 to 4755.13 of the Revised Code;	1834

(B) The issuance, suspension, and revocation of suchthe	1835
licenses, and the conducting of investigations and hearings;	1836

(C) Standards for approval of courses of study relative to	1837
the practice of occupational therapy;	1838

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

1839

(E) Standards of ethical conduct in the practice of	1840
occupational therapy;	1841

(F) The form and manner for filing applications for renewal	1842
and a schedule of deadlines for renewal;	1843

(G) Late fees and the conditions under which a license of a	1844
licensee who files a late application for renewal will be	1845
reinstated;	1846

(H) Placing an existing license in escrow;

1847

(I) The amount, scope, and nature of continuing education	1848
activities required for license renewal, including waivers and the	1849
establishment of appropriate fees to be charged for the	1850
administrative costs associated with the review of continuing	1851
education activities;	1852

(J) Limited permit guidelines;

1853

(K) Requirements for criminal records checks of applicants	1854
under section 4776.03 of the Revised Code.	1855

The section may hear testimony in matters relating to the	1856
duties imposed upon it, and the chairperson and secretary of the	1857
section may administer oaths. The section may require proof,	1858
beyond the evidence found in the application, of the honesty,	1859
truthfulness, and good reputation of any person named in an	1860
application for such licensure, before admitting the applicant to	1861
an examination or issuing a license.	1862

Sec. 4755.61.  (A) The athletic trainers section of the Ohio	1863
occupational therapy, physical therapy, and athletic trainers	1864
board shall:	1865

(1) Adopt rules, not inconsistent with this chapter, for the	1866
licensure of athletic trainers, including rules that specify the	1867
application form and educational course work and clinical	1868
experience requirements for licensure and rules that prescribe	1869
requirements for criminal records checks of applicants under	1870
section 4776.03 of the Revised Code;	1871

(2) Establish and deposit fees in accordance with division	1872
(B) of this section and section 4755.03 of the Revised Code;	1873

(3) Conduct hearings, keep records of its proceedings, and do	1874
all things necessary and proper to administer and enforce sections	1875
4755.60 to 4755.65 of the Revised Code;	1876

(4) Publish and make available, upon request and for a fee	1877
not to exceed the actual cost of printing and mailing, the	1878
requirements for the issuance of an athletic trainers license	1879
under this chapter and the rules adopted thereunderunder it;	1880

(5) Maintain a register of every person licensed to practice	1881
athletic training in this state, including the addresses of the	1882
licensee's last known place of business and residence, and the	1883
effective date and identification number of the person's license.	1884
The section shall make this list available to any person upon	1885
request and payment of a fee not to exceed the actual cost of	1886
printing and mailing.	1887

(6) Publish and make available, upon request and for a fee	1888
not to exceed the actual cost of printing and mailing, a list of	1889
persons who passed the examination required under section 4755.62	1890
of the Revised Code;	1891

(7) Investigate complaints concerning alleged violations of	1892
section 4755.62 of the Revised Code or other grounds for the	1893
suspension, revocation, or refusal to issue a license under	1894
section 3123.47 or 4755.64 of the Revised Code. In connection with	1895
its investigations, the athletic trainers section may subpoena	1896
witnesses, issue subpoenas, examine witnesses, administer oaths,	1897
and, under the direction of the executive director of the board,	1898
investigate complaints and make inspections and other inquiries as	1899
in the judgment of the section are appropriate to enforce sections	1900
3123.41 to 3123.50 and this chapter of the Revised Code. The	1901
section may review and audit the records of any licensee during	1902
normal business hours at the licensee's place of business or at	1903
any other place where the licensee's records are kept.	1904
Notwithstanding section 149.43 of the Revised Code, the athletic	1905
trainers section and its employees, except pursuant to a court	1906
order, shall maintain in confidence all information obtained.	1907

(8) Adopt rules governing the nature and scope of the	1908
examination required under section 4755.62 of the Revised Code and	1909
the reexamination required under section 4755.63 of the Revised	1910
Code and the minimum examination score for licensure or renewal	1911
thereof. The rules for the examination required under section	1912
4755.62 of the Revised Code shall ensure the testing of the	1913
applicant's knowledge of the basic and clinical sciences relating	1914
to athletic training theory and practice, including professional	1915
skills and judgment in the utilization of athletic training	1916
techniques and such other subjects as the athletic trainers	1917
section considers useful in determining competency to practice	1918
athletic training.	1919

(9) Conduct the examination required under section 4755.62 of	1920
the Revised Code at least twice a year at a time and place and	1921
under such supervision as the athletic trainers section	1922
determines;	1923

(10) Adopt rules to determine which states' standards for	1924
licensure are equal to or greater than this state's for the	1925
purpose of waiving requirements under division (D) of section	1926
4755.62 of the Revised Code;	1927

(11) Adopt rules to determine which examinations meet the	1928
requirements of division (E) of section 4755.62 of the Revised	1929
Code;	1930

(12) Adopt rules establishing the standards of ethical	1931
conduct for licensed athletic trainers under this chapter;	1932

(13) Adopt rules specifying the scope and nature of the	1933
continuing education courses that are acceptable to the athletic	1934
trainers section and the number of courses that must be completed	1935
to comply with the requirement for renewal of a license under	1936
section 4755.63 of the Revised Code.	1937

(14) Adopt rules establishing the schedule when licenses to	1938
practice as an athletic trainer expire during a biennium for	1939
purposes of section 4755.63 of the Revised Code.	1940

(B) The fees adopted by the athletic trainers section	1941
pursuant to division (A)(2) of this section shall be established	1942
and adjusted as required to provide sufficient revenues to meet	1943
the expenses of the section in administering sections 4755.60 to	1944
4755.66 of the Revised Code. The fees shall include the following:	1945

(1) A nonrefundable examination fee, not to exceed the amount	1946
necessary to cover the expense of administering the examination;	1947

(2) An initial license fee;

1948

(3) A biennial license renewal fee;

1949

(4) A late renewal penalty, not to exceed fifty per cent of	1950
the renewal fee.	1951

The athletic trainers section may, by rule, provide for the	1952
waiver of all or part of a license fee if the license is issued	1953
less than one hundred days before its expiration date.	1954

(C) All rules under sections 4755.60 to 4755.65 of the	1955
Revised Code shall be adopted by the athletic trainers section in	1956
accordance with Chapter 119. of the Revised Code.	1957

Sec. 4755.70.  (A) As used in this section, "license" and	1958
"applicant for an initial license" have the same meanings as in	1959
section 4776.01 of the Revised Code, except that "license" as used	1960
in both of those terms refers to the types of authorizations	1961
otherwise issued or conferred under this chapter.	1962

(B) In addition to any other eligibility requirement set	1963
forth in this chapter, each applicant for an initial license shall	1964
comply with sections 4776.01 to 4776.04 of the Revised Code. The	1965
occupational therapy section, the physical therapy section, and	1966
the athletic trainers section of the Ohio occupational therapy,	1967
physical therapy, and athletic trainers board shall not grant a	1968
license to an applicant for an initial license unless the	1969
applicant complies with sections 4776.01 to 4776.04 of the Revised	1970
Code and the board, in its discretion, decides that the results of	1971
the criminal records check do not make the applicant ineligible	1972
for a license issued pursuant to section 4755.07, 4755.09,	1973
4755.44, 4755.441, 4755.45, 4755.451, or 4755.62 of the Revised	1974
Code.	1975

Sec. 4757.10.  The counselor, social worker, and marriage and	1976
family therapist board may adopt any rules necessary to carry out	1977
this chapter.	1978

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

1979

(A) Concern intervention for and treatment of any impaired	1980
person holding a license or certificate of registration issued	1981
under this chapter;	1982

(B) Establish standards for training and experience of	1983
supervisors described in division (C) of section 4757.30 of the	1984
Revised Code;	1985

(C) Define the requirement that an applicant be of good moral	1986
character in order to be licensed or registered under this	1987
chapter;	1988

(D) Establish requirements for criminal records checks of	1989
applicants under section 4776.03 of the Revised Code.	1990

All rules adopted under this section shall be adopted in	1991
accordance with Chapter 119. of the Revised Code. When it adopts	1992
rules under this section or any other section of this chapter, the	1993
board may consider standards established by any national	1994
association or other organization representing the interests of	1995
those involved in professional counseling, social work, or	1996
marriage and family therapy.	1997

Sec. 4757.101.  (A) As used in this section, "license" and	1998
"applicant for an initial license" have the same meanings as in	1999
section 4776.01 of the Revised Code, except that "license" as used	2000
in both of those terms refers to the types of authorizations	2001
otherwise issued or conferred under this chapter.	2002

(B) In addition to any other eligibility requirement set	2003
forth in this chapter, each applicant for an initial license shall	2004
comply with sections 4776.01 to 4776.04 of the Revised Code. The	2005
counselor, social worker, and marriage and family therapist board	2006
shall not grant a license to an applicant for an initial license	2007
unless the applicant complies with sections 4776.01 to 4776.04 of	2008
the Revised Code and the board, in its discretion, decides that	2009
the results of the criminal records check do not make the	2010
applicant ineligible for a license issued pursuant to section	2011
4757.22, 4757.23, 4757.27, 4757.28, 4757.29, 4757.30, or 4757.301	2012
of the Revised Code.	2013

Sec. 4759.05.  The Ohio board of dietetics shall:

2014

(A) Adopt, amend, or rescind rules pursuant to Chapter 119.	2015
of the Revised Code to carry out the provisions of this chapter,	2016
including rules governing the following:	2017

(1) Selection and approval of a dietitian licensure	2018
examination offered by the commission on dietetic registration or	2019
any other examination;	2020

(2) The examination of applicants for licensure as a	2021
dietitian, to be held at least twice annually, as required under	2022
division (A) of section 4759.06 of the Revised Code;	2023

(3) Requirements for pre-professional dietetic experience of	2024
applicants for licensure as a dietitian that are at least	2025
equivalent to the requirements adopted by the commission on	2026
dietetic registration;	2027

(4) Requirements for a person holding a limited permit under	2028
division (F) of section 4759.06 of the Revised Code, including the	2029
duration of validity of a limited permit;	2030

(5) Requirements for a licensed dietitian who places a	2031
license in inactive status under division (G) of section 4759.06	2032
of the Revised Code, including a procedure for changing inactive	2033
status to active status;	2034

(6) Continuing education requirements for renewal of a	2035
license, except that the board may adopt rules to waive the	2036
requirements for a person who is unable to meet the requirements	2037
due to illness or other reasons. Rules adopted under this division	2038
shall be consistent with the continuing education requirements	2039
adopted by the commission on dietetic registration.	2040

(7) Any additional education requirements the board considers	2041
necessary, for applicants who have not practiced dietetics within	2042
five years of the initial date of application for licensure;	2043

(8) Standards of professional responsibility and practice for	2044
persons licensed under this chapter that are consistent with those	2045
standards of professional responsibility and practice adopted by	2046
the American dietetic association;	2047

(9) Formulation of a written application form for licensure	2048
or license renewal that includes the statement that any applicant	2049
who knowingly makes a false statement on the application is guilty	2050
of a misdemeanor of the first degree under section 2921.13 of the	2051
Revised Code;	2052

(10) Procedures for license renewal;

2053

(11) Establishing a time period after the notification of a	2054
violation of section 4759.02 of the Revised Code, by which the	2055
person notified must request a hearing by the board under section	2056
4759.09 of the Revised Code;	2057

(12) Requirements for criminal records checks of applicants	2058
under section 4776.03 of the Revised Code.	2059

(B) Investigate alleged violations of sectionsections	2060
4759.02 to 4759.10 of the Revised Code. In making its	2061
investigations, the board may issue subpoenas, examine witnesses,	2062
and administer oaths.	2063

(C) Adopt a seal;

2064

(D) Conduct meetings and keep records as are necessary to	2065
carry out the provisions of this chapter;	2066

(E) Publish, and make available to the public, upon request	2067
and for a fee not to exceed the actual cost of printing and	2068
mailing, the board's rules and requirements for licensure adopted	2069
under division (A) of this section and a record of all persons	2070
licensed under section 4759.06 of the Revised Code.	2071

Sec. 4759.061.  (A) As used in this section, "license" and	2072
"applicant for an initial license" have the same meanings as in	2073
section 4776.01 of the Revised Code, except that "license" as used	2074
in both of those terms refers to the types of authorizations	2075
otherwise issued or conferred under this chapter.	2076

(B) In addition to any other eligibility requirement set	2077
forth in this chapter, each applicant for an initial license shall	2078
comply with sections 4776.01 to 4776.04 of the Revised Code. The	2079
Ohio board of dietetics shall not grant a license to an applicant	2080
for an initial license unless the applicant complies with sections	2081
4776.01 to 4776.04 of the Revised Code and the board, in its	2082
discretion, decides that the results of the criminal records check	2083
do not make the applicant ineligible for a license issued pursuant	2084
to section 4759.06 of the Revised Code.	2085

Sec. 4760.032. In addition to any other eligibility	2086
requirement set forth in this chapter, each applicant for a	2087
certificate of registration as an anesthesiologist assistant shall	2088
comply with sections 4776.01 to 4776.04 of the Revised Code. The	2089
state medical board shall not grant to an applicant a certificate	2090
of registration as an anesthesiologist assistant unless the board,	2091
in its discretion, decides that the results of the criminal	2092
records check do not make the applicant ineligible for a	2093
certificate issued pursuant to section 4760.04 of the Revised	2094
Code.	2095

Sec. 4760.06.  (A) A person seeking to renew a certificate of	2096
registration as an anesthesiologist assistant shall, on or before	2097
the thirty-first day of January of each even-numbered year, apply	2098
for renewal of the certificate. The state medical board shall	2099
send renewal notices at least one month prior to the expiration	2100
date.	2101

Applications shall be submitted to the board on forms the	2102
board shall prescribe and supply. Each application shall be	2103
accompanied by a biennial renewal fee of one hundred dollars.	2104

The applicant shall report any criminal offense that	2105
constitutes grounds for refusing to issue a certificate of	2106
registration under section 4760.13 of the Revised Code to which	2107
the applicant has pleaded guilty, of which the applicant has been	2108
found guilty, or for which the applicant has been found eligible	2109
for intervention in lieu of conviction, since last signing an	2110
application for a certificate of registration as an	2111
anesthesiologist assistant.	2112

(B) To be eligible for renewal, an anesthesiologist assistant	2113
must certify to the board that the assistant has maintained	2114
certification by the national commission for the certification of	2115
anesthesiologist assistants.	2116

(C) If an applicant submits a complete renewal application	2117
and qualifies for renewal pursuant to division (B) of this	2118
section, the board shall issue to the applicant a renewed	2119
certificate of registration as an anesthesiologist assistant.	2120

(D) A certificate of registration that is not renewed on or	2121
before its expiration date is automatically suspended on its	2122
expiration date. TheIf a certificate has been suspended pursuant	2123
to this division for two years or less, the board shall reinstate	2124
athe certificate suspended for failure to renew onupon an	2125
applicant's submission of a renewal application, the biennial	2126
renewal fee, and the applicable monetary penalty. The penalty for	2127
reinstatement is twenty-five dollars if the. If a certificate has	2128
been suspended for two years or less and fifty dollars if the	2129
certificate has been suspendedpursuant to this division for more	2130
than two years, it may be restored upon an applicant's submission	2131
of a restoration application, the biennial registration fee, and	2132
the applicable monetary penalty and compliance with sections	2133
4776.01 to 4776.04 of the Revised Code. The board shall not	2134
restore a certificate to practice unless the board, in its	2135
discretion, decides that the results of the criminal records check	2136
do not make the applicant ineligible for a certificate issued	2137
pursuant to section 4760.04 of the Revised Code. The penalty for	2138
restoration is fifty dollars.	2139

Sec. 4761.03.  The Ohio respiratory care board shall regulate	2140
the practice of respiratory care in this state and the persons to	2141
whom the board issues licenses and limited permits under this	2142
chapter and shall license and register home medical equipment	2143
services providers under Chapter 4752. of the Revised Code under	2144
this chapter. Rules adopted under this chapter that deal with the	2145
provision of respiratory care in a hospital, other than rules	2146
regulating the issuance of licenses or limited permits, shall be	2147
consistent with the conditions for participation under medicare,	2148
Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42	2149
U.S.C.A. 1395, as amended, and with the respiratory care	2150
accreditation standards of the joint commission on accreditation	2151
of healthcare organizations or the American osteopathic	2152
association.	2153

The board shall:

2154

(A) Adopt, and may rescind or amend, rules in accordance with	2155
Chapter 119. of the Revised Code to carry out the purposes of this	2156
chapter, including rules prescribing:	2157

(1) The form and manner for filing applications for licensure	2158
and renewal, limited permits, and limited permit extensions under	2159
sections 4761.05 and 4761.06 of the Revised Code;	2160

(2) The form, scoring, and scheduling of examinations and	2161
reexaminations for licensure and license renewal;	2162

(3) Standards for the approval of educational programs	2163
required to qualify for licensure and continuing education	2164
programs required for license renewal;	2165

(4) Continuing education courses and the number of hour	2166
requirements necessary for license renewal, in accordance with	2167
section 4761.06 of the Revised Code;	2168

(5) Procedures for the issuance and renewal of licenses and	2169
limited permits, including the duties that may be fulfilled by the	2170
board's executive director and other board employees;	2171

(6) Procedures for the denial, suspension, permanent	2172
revocation, refusal to renew, and reinstatement of licenses and	2173
limited permits, the conduct of hearings, and the imposition of	2174
fines for engaging in conduct that is grounds for such action and	2175
hearings under section 4761.09 of the Revised Code;	2176

(7) Standards of ethical conduct for the practice of	2177
respiratory care;	2178

(8) Conditions under which the license renewal fee and	2179
continuing education requirements may be waived at the request of	2180
a licensee who is not in active practice;	2181

(9) The respiratory care tasks that may be performed by an	2182
individual practicing as a polysomnographic technologist pursuant	2183
to division (B)(3) of section 4761.10 of the Revised Code;	2184

(10) Procedures for registering out-of-state respiratory care	2185
providers authorized to practice in this state under division	2186
(A)(4) of section 4761.11 of the Revised Code;	2187

(11) Requirements for criminal records checks of applicants	2188
under section 4776.03 of the Revised Code.	2189

(B) Determine the sufficiency of an applicant's	2190
qualifications for admission to the licensing examination or a	2191
reexamination, and for the issuance or renewal of a license or	2192
limited permit;	2193

(C) Determine the respiratory care educational programs that	2194
are acceptable for fulfilling the requirements of division (A) of	2195
section 4761.04 of the Revised Code;	2196

(D) Schedule, administer, and score the licensing examination	2197
or any reexamination for license renewal or reinstatement. The	2198
board shall administer the licensing examinations at least twice a	2199
year and notify applicants of the time and place of the	2200
examinations.	2201

(E) Investigate complaints concerning alleged violations of	2202
section 4761.10 of the Revised Code or grounds for the suspension,	2203
permanent revocation, or refusal to issue licenses or limited	2204
permits under section 3123.47 or 4761.09 of the Revised Code. The	2205
board shall employ investigators who shall, under the direction of	2206
the executive director of the board, investigate complaints and	2207
make inspections and other inquiries as, in the judgment of the	2208
board, are appropriate to enforce sections 3123.41 to 3123.50,	2209
4761.09, and 4761.10 of the Revised Code. Pursuant to an	2210
investigation and inspection, the investigators may review and	2211
audit records during normal business hours at the place of	2212
business of a licensee or person who is the subject of a complaint	2213
filed with the board or at any place where the records are kept.	2214

Except when required by court order, the board and its	2215
employees shall not disclose confidential information obtained	2216
during an investigation or identifying information about any	2217
person who files a complaint with the board.	2218

The board may hear testimony in matters relating to the	2219
duties imposed upon it and issue subpoenas pursuant to an	2220
investigation. The president and secretary of the board may	2221
administer oaths.	2222

(F) Conduct hearings, keep records of its proceedings, and do	2223
all such other things as are necessary and proper to carry out and	2224
enforce the provisions of this chapter;	2225

(G) Maintain, publish, and make available upon request, for a	2226
fee not to exceed the actual cost of printing and mailing:	2227

(1) The requirements for the issuance of licenses and limited	2228
permits under this chapter and rules adopted by the board;	2229

(2) A current register of every person licensed to practice	2230
respiratory care in this state, to include the addresses of the	2231
person's last known place of business and residence, the effective	2232
date and identification number of the license, the name and	2233
location of the institution that granted the person's degree or	2234
certificate of completion of respiratory care educational	2235
requirements, and the date the degree or certificate was issued;	2236

(3) A list of the names and locations of the institutions	2237
that each year granted degrees or certificates of completion in	2238
respiratory care;	2239

(4) After the administration of each examination, a list of	2240
persons who passed the examination.	2241

(H) Submit to the governor and to the general assembly each	2242
year a report of all of its official actions during the preceding	2243
year, together with any findings and recommendations with regard	2244
to the improvement of the profession of respiratory care;	2245

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

2246

Sec. 4761.051.  (A) As used in this section, "license" and	2247
"applicant for an initial license" have the same meanings as in	2248
section 4776.01 of the Revised Code, except that "license" as used	2249
in both of those terms refers to the types of authorizations	2250
otherwise issued or conferred under this chapter.	2251

(B) In addition to any other eligibility requirement set	2252
forth in this chapter, each applicant for an initial license shall	2253
comply with sections 4776.01 to 4776.04 of the Revised Code. The	2254
Ohio respiratory care board shall not grant a license to an	2255
applicant for an initial license unless the applicant complies	2256
with sections 4776.01 to 4776.04 of the Revised Code and the	2257
board, in its discretion, decides that the results of the criminal	2258
records check do not make the applicant ineligible for a license	2259
issued pursuant to section 4761.05 of the Revised Code.	2260

Sec. 4762.031. In addition to any other eligibility	2261
requirement set forth in this chapter, each applicant for a	2262
certificate of registration as an acupuncturist shall comply with	2263
sections 4776.01 to 4776.04 of the Revised Code. The state medical	2264
board shall not grant to an applicant a certificate of	2265
registration as an acupuncturist unless the board, in its	2266
discretion, decides that the results of the criminal records check	2267
do not make the applicant ineligible for a certificate issued	2268
pursuant to section 4762.04 of the Revised Code.	2269

Sec. 4762.06.  (A) A person seeking to renew a certificate of	2270
registration as an acupuncturist shall, on or before the	2271
thirty-first day of January of each even-numbered year, apply for	2272
renewal of the certificate. The state medical board shall send	2273
renewal notices at least one month prior to the expiration date.	2274

Applications shall be submitted to the board on forms the	2275
board shall prescribe and supply. Each application shall be	2276
accompanied by a biennial renewal fee of one hundred dollars.	2277

The applicant shall report any criminal offense that	2278
constitutes grounds for refusing to issue a certificate of	2279
registration under section 4762.13 of the Revised Code to which	2280
the applicant has pleaded guilty, of which the applicant has been	2281
found guilty, or for which the applicant has been found eligible	2282
for intervention in lieu of conviction, since last signing an	2283
application for a certificate of registration as an acupuncturist.	2284

(B) To be eligible for renewal, an acupuncturist must certify	2285
to the board that the acupuncturist has maintained the	2286
acupuncturist's designation as a diplomate in acupuncture by the	2287
national certification commission for acupuncture and oriental	2288
medicine.	2289

(C) If an applicant submits a complete renewal application	2290
and qualifies for renewal pursuant to division (B) of this	2291
section, the board shall issue to the applicant a renewed	2292
certificate of registration as an acupuncturist.	2293

(D) A certificate of registration that is not renewed on or	2294
before its expiration date is automatically suspended on its	2295
expiration date. TheIf a certificate has been suspended pursuant	2296
to this division for two years or less, the board shall reinstate	2297
athe certificate suspended for failure to renew upon an	2298
applicant's submission of a renewal application, the biennial	2299
renewal fee, and the applicable monetary penalty. The penalty for	2300
reinstatement is twenty-five dollars if the. If a certificate has	2301
been suspended for two years or less and fifty dollars if the	2302
certificate has been suspendedpursuant to this division for more	2303
than two years, it may be restored upon an applicant's submission	2304
of a restoration application, the biennial registration fee, and	2305
the applicable monetary penalty and compliance with sections	2306
4776.01 to 4776.04 of the Revised Code. The board shall not	2307
restore a certificate to practice unless the board, in its	2308
discretion, decides that the results of the criminal records check	2309
do not make the applicant ineligible for a certificate issued	2310
pursuant to section 4762.04 of the Revised Code. The penalty for	2311
restoration is fifty dollars.	2312

Sec. 4776.01. As used in this chapter:

2313

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

2314

(1) An authorization evidenced by a license, certificate,	2315
registration, permit, card, or other authority that is issued or	2316
conferred by a licensing agency described in division (C)(1) of	2317
this section to a licensee or to an applicant for an initial	2318
license by which the licensee or initial license applicant has or	2319
claims the privilege to engage in a profession, occupation, or	2320
occupational activity, or to have control of and operate certain	2321
specific equipment, machinery, or premises, over which the	2322
licensing agency has jurisdiction.	2323

(2) An authorization evidenced by a license or certificate	2324
that is issued by a licensing agency described in division (C)(2)	2325
of this section pursuant to section 4715.12, 4715.16, 4715.21, or	2326
4715.27 of the Revised Code to a licensee or to an applicant for	2327
an initial license by which the licensee or initial license	2328
applicant has or claims the privilege to engage in a profession,	2329
occupation, or occupational activity over which the licensing	2330
agency has jurisdiction.	2331

(B) "Licensee" means the person to whom the license is issued	2332
by a licensing agency.	2333

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

2334

(1) The board authorized by Chapters 4701., 4709., 4717.,	2335
4725., 4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755.,	2336
4757., 4759., 4760., 4761., 4762., and 4779. of the Revised Code	2337
to issue a license to engage in a specific profession,	2338
occupation, or occupational activity, or to have charge of and	2339
operate certain specified equipment, machinery, or premises.	2340

(2) The state dental board, relative to its authority to	2341
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or	2342
4715.27 of the Revised Code.	2343

(D) "Applicant for an initial license" includes persons	2344
seeking a license for the first time and persons seeking a license	2345
by reciprocity, endorsement, or similar manner of a license issued	2346
in another state.	2347

(E) "Applicant for a restored license" includes persons	2348
seeking restoration of a certificate under section 4730.14,	2349
4731.281, 4760.06, or 4762.06 of the Revised Code.	2350

(F) "Criminal records check" has the same meaning as in	2351
division (E) of section 109.572 of the Revised Code.	2352

Sec. 4776.02. (A) An applicant for an initial license or	2353
restored license from a licensing agency shall submit a request to	2354
the bureau of criminal identification and investigation for a	2355
criminal records check of the applicant. The request shall be	2356
accompanied by a completed copy of the form prescribed under	2357
division (C)(1) of section 109.572 of the Revised Code, a set of	2358
fingerprint impressions obtained as described in division (C)(2)	2359
of that section, and the fee prescribed under division (C)(3) of	2360
that section. The applicant shall ask the superintendent of the	2361
bureau of criminal identification and investigation in the request	2362
to obtain from the federal bureau of investigation any information	2363
it has pertaining to the applicant.	2364

An applicant requesting a criminal records check shall	2365
provide the bureau of criminal identification and investigation	2366
with the applicant's name and address and with the licensing	2367
agency's name and address.	2368

(B) Upon receipt of the completed form, the set of	2369
fingerprint impressions, and the fee provided for in division (A)	2370
of this section, the superintendent shall conduct a criminal	2371
records check of the applicant under division (B) of section	2372
109.572 of the Revised Code. Upon completion of the criminal	2373
records check, the superintendent shall report the results of the	2374
criminal records check and any information the federal bureau of	2375
investigation provides to the licensing agency identified in the	2376
request for a criminal records check.	2377

Sec. 4776.03. Each licensing agency shall adopt rules under	2378
Chapter 119. of the Revised Code establishing administrative and	2379
procedural requirements for criminal records checks.	2380

Sec. 4776.04. The results of any criminal records check	2381
conducted pursuant to a request made under this chapter and any	2382
report containing those results, including any information the	2383
federal bureau of investigation provides, are not public records	2384
for purposes of section 149.43 of the Revised Code and shall not	2385
be made available to any person or for any purpose other than as	2386
follows:	2387

(A) The superintendent of the bureau of criminal	2388
identification and investigation shall make the results available	2389
to the licensing agency for use in determining, under the agency's	2390
authorizing chapter of the Revised Code, whether the applicant who	2391
is the subject of the criminal records check should be granted a	2392
license under that chapter.	2393

(B) The licensing agency shall make the results available to	2394
the applicant who is the subject of the criminal records check or	2395
to the applicant's representative.	2396

Sec. 4779.08.  (A) The state board of orthotics, prosthetics,	2397
and pedorthics shall adopt rules in accordance with Chapter 119.	2398
of the Revised Code to carry out the purposes of this chapter,	2399
including rules prescribing all of the following:	2400

(1) The form and manner of filing of applications to be	2401
admitted to examinations and for licensure and license renewal;	2402

(2) Standards and procedures for formulating, evaluating,	2403
approving, and administering licensing examinations or recognizing	2404
other entities that conduct examinations;	2405

(3) The form, scoring, and scheduling of licensing	2406
examinations;	2407

(4) Fees for examinations and applications for licensure and	2408
license renewal;	2409

(5) Fees for approval of continuing education courses;

2410

(6) Procedures for issuance, renewal, suspension, and	2411
revocation of licenses and the conduct of disciplinary hearings;	2412

(7) Standards of ethical and professional conduct in the	2413
practice of orthotics, prosthetics, and pedorthics;	2414

(8) Standards for approving national certification	2415
organizations in orthotics, prosthetics, and pedorthics;	2416

(9) Fines for violations of this chapter;

2417

(10) Standards for the recognition and approval of	2418
educational programs required for licensure, including standards	2419
for approving foreign educational credentials;	2420

(11) Standards for continuing education programs required for	2421
license renewal;	2422

(12) Provisions for making available the information	2423
described in section 4779.22 of the Revised Code;	2424

(13) Requirements for criminal records checks of applicants	2425
under section 4776.03 of the Revised Code.	2426

(B) The board may adopt any other rules necessary for the	2427
administration of this chapter.	2428

(C) The fees prescribed by this section shall be paid to the	2429
treasurer of state, who shall deposit the fees in the occupational	2430
licensing and regulatory fund established in section 4743.05 of	2431
the Revised Code.	2432

Sec. 4779.091.  (A) As used in this section, "license" and	2433
"applicant for an initial license" have the same meanings as in	2434
section 4776.01 of the Revised Code, except that "license" as used	2435
in both of those terms refers to the types of authorizations	2436
otherwise issued or conferred under this chapter.	2437

(B) In addition to any other eligibility requirement set	2438
forth in this chapter, each applicant for an initial license shall	2439
comply with sections 4776.01 to 4776.04 of the Revised Code. The	2440
state board of orthotics, prosthetics, and pedorthics shall not	2441
grant a license to an applicant for an initial license unless the	2442
applicant complies with sections 4776.01 to 4776.04 of the Revised	2443
Code and the board, in its discretion, decides that the results of	2444
the criminal records check do not make the applicant ineligible	2445
for a license issued pursuant to section 4779.09, 4779.16,	2446
4779.17, or 4779.18 of the Revised Code.	2447

Section 2. That existing sections 109.572, 2953.32, 4709.05,	2448
4717.04, 4725.09, 4725.44, 4730.14, 4730.28, 4731.15, 4731.222,	2449
4731.281, 4731.296, 4740.04, 4755.06, 4755.61, 4757.10, 4759.05,	2450
4760.06, 4761.03, 4762.06, and 4779.08 of the Revised Code are	2451
hereby repealed.	2452

Section 3.  Section 109.572 of the Revised Code is presented	2453
in this act as a composite of the section as amended by both Am.	2454
Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly.	2455
The General Assembly, applying the principle stated in division	2456
(B) of section 1.52 of the Revised Code that amendments are to be	2457
harmonized if reasonably capable of simultaneous operation, finds	2458
that the composite is the resulting version of the section in	2459
effect prior to the effective date of the section as presented in	2460
this act.	2461