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To amend sections 9.06, 121.05, 321.44, 341.192, | 1 |
1713.34, 2921.36, 2929.01, 2929.12, 2929.13, | 2 |
2929.14, 2929.141, 2929.15, 2929.17, 2929.19, | 3 |
2929.20, 2935.36, 2943.032, 2949.12, 2951.021, | 4 |
2951.041, 2953.08, 2953.13, 2967.03, 2967.05, | 5 |
2967.141, 2967.28, 3923.233, 3923.301, 4507.50, | 6 |
4507.51, 4701.16, 4703.15, 4707.02, 4709.13, | 7 |
4712.03, 4715.30, 4717.14, 4719.03, 4723.07, | 8 |
4723.28, 4725.19, 4725.53, 4727.15, 4728.13, | 9 |
4729.16, 4729.53, 4729.56, 4730.25, 4731.22, | 10 |
4731.224, 4731.225, 4731.226, 4731.25, 4732.02, | 11 |
4732.17, 4733.20, 4734.31, 4734.39, 4735.07, | 12 |
4735.09, 4735.13, 4735.27, 4735.28, 4738.07, | 13 |
4738.12, 4738.18, 4740.06, 4740.10, 4741.22, | 14 |
4747.12, 4749.03, 4749.04, 4749.06, 4751.10, | 15 |
4753.10, 4755.11, 4755.47, 4755.64, 4757.36, | 16 |
4758.30, 4759.07, 4760.13, 4760.15, 4761.09, | 17 |
4762.13, 4762.15, 4763.11, 4765.18, 4765.301, | 18 |
4771.18, 4779.28, 4781.09, 5120.52, 5120.53, | 19 |
5120.63, 5139.02, 5139.18, 5139.281, 5139.31, | 20 |
5139.36, 5139.38, 5139.41, 5139.43, 5139.50, | 21 |
5145.01, 5145.163, and 5149.06, to enact sections | 22 |
9.871, 109.37, 2967.29, 4743.06, 5120.07, 5120.59, | 23 |
and 5120.70, and to repeal section 2967.11 of the | 24 |
Revised Code to modify sentencing procedures with | 25 |
respect to post-release control and related | 26 |
releases from prison, to conform the Revised Code | 27 |
to the decision of the Ohio Supreme Court in State | 28 |
ex rel. Bray v. Russell (2000), 89 Ohio St.3d 132 | 29 |
by removing provisions related to bad time, to | 30 |
authorize courts to participate in the supervision | 31 |
of released prisoners, to provide released | 32 |
prisoners with identification cards and additional | 33 |
procedures for access to social services, to make | 34 |
other changes relative to opportunities for | 35 |
prisoner training and employment, to modify | 36 |
procedures for the judicial or medical release of | 37 |
prisoners and intervention in lieu of conviction, | 38 |
to grant the Adult Parole Authority more | 39 |
flexibility in determining periods of post-release | 40 |
control, to adopt other cost-control measures, to | 41 |
create the Ex-offender Reentry Coalition, to | 42 |
modify the grounds for disciplinary action by | 43 |
occupational licensing boards against licensees | 44 |
charged with criminal offenses, to provide for the | 45 |
indemnification of the Department of | 46 |
Rehabilitation and Correction for legal costs | 47 |
incurred in certain cases, to provide for legal | 48 |
representation of Department employees charged | 49 |
with offenses in certain cases until a grand jury | 50 |
has acted, to create a fund for the deposit of | 51 |
money received in certain federal law enforcement | 52 |
cases, to authorize the Department to enter into | 53 |
contracts to provide water and sewage treatment | 54 |
services, to make other changes related to the | 55 |
operations of the Department of Rehabilitation and | 56 |
Correction, to clarify the duties of juvenile | 57 |
parole officers, to establish reimbursement rates | 58 |
paid by the Department of Youth Services for | 59 |
outside medical providers, to authorize the | 60 |
Director of Youth Services to designate a deputy | 61 |
director, to modify the formula for expending | 62 |
appropriations for the care and custody of felony | 63 |
delinquents and the purposes for which money in | 64 |
the Felony Delinquent Care and Custody Fund may be | 65 |
used, to allow for unlimited reappointments of | 66 |
members of the Release Authority, and to make | 67 |
other changes related to the operations of the | 68 |
Department of Youth Services. | 69 |
Section 1. That sections 9.06, 121.05, 321.44, 341.192, | 70 |
1713.34, 2921.36, 2929.01, 2929.12, 2929.13, 2929.14, 2929.141, | 71 |
2929.15, 2929.17, 2929.19, 2929.20, 2935.36, 2943.032, 2949.12, | 72 |
2951.021, 2951.041, 2953.08, 2953.13, 2967.03, 2967.05, 2967.141, | 73 |
2967.28, 3923.233, 3923.301, 4507.50, 4507.51, 4701.16, 4703.15, | 74 |
4707.02, 4709.13, 4712.03, 4715.30, 4717.14, 4719.03, 4723.07, | 75 |
4723.28, 4725.19, 4725.53, 4727.15, 4728.13, 4729.16, 4729.53, | 76 |
4729.56, 4730.25, 4731.22, 4731.224, 4731.225, 4731.226, 4731.25, | 77 |
4732.02, 4732.17, 4733.20, 4734.31, 4734.39, 4735.07, 4735.09, | 78 |
4735.13, 4735.27, 4735.28, 4738.07, 4738.12, 4738.18, 4740.06, | 79 |
4740.10, 4741.22, 4747.12, 4749.03, 4749.04, 4749.06, 4751.10, | 80 |
4753.10, 4755.11, 4755.47, 4755.64, 4757.36, 4758.30, 4759.07, | 81 |
4760.13, 4760.15, 4761.09, 4762.13, 4762.15, 4763.11, 4765.18, | 82 |
4765.301, 4771.18, 4779.28, 4781.09, 5120.52, 5120.53, 5120.63, | 83 |
5139.02, 5139.18, 5139.281, 5139.31, 5139.36, 5139.38, 5139.41, | 84 |
5139.43, 5139.50, 5145.01, 5145.163, and 5149.06 be amended and | 85 |
sections 9.871, 109.37, 2967.29, 4743.06, 5120.07, 5120.59, and | 86 |
5120.70 of the Revised Code be enacted to read as follows: | 87 |
Sec. 9.06. (A)(1) The department of rehabilitation and | 88 |
correction shall contract for the private operation and management | 89 |
pursuant to this section of the initial intensive program prison | 90 |
established pursuant to section 5120.033 of the Revised Code and | 91 |
may contract for the private operation and management of any other | 92 |
facility under this section. Counties and municipal corporations | 93 |
to the extent authorized in sections 307.93, 341.35, 753.03, and | 94 |
753.15 of the Revised
Code | 95 |
and management of a facility under this section. A contract | 96 |
entered into under this section shall be for an initial term of | 97 |
not more
than two years | 98 |
periods of two years. | 99 |
(2) The department of rehabilitation and correction, by rule, | 100 |
shall adopt minimum criteria and specifications that a person or | 101 |
entity, other than a person or entity that satisfies the criteria | 102 |
set forth in division (A)(3)(a) of this section and subject to | 103 |
division (I) of this section, must satisfy in order to apply to | 104 |
operate and manage as a contractor pursuant to this section the | 105 |
initial intensive program prison established pursuant to section | 106 |
5120.033 of the Revised Code. | 107 |
(3) Subject to division (I) of this section, any person or | 108 |
entity that applies to operate and manage a facility as a | 109 |
contractor pursuant to this section shall satisfy one or more of | 110 |
the following criteria: | 111 |
(a) The person or entity is accredited by the American | 112 |
correctional association and, at the time of the application, | 113 |
operates and manages one or more facilities accredited by the | 114 |
American correctional association. | 115 |
(b) The person or entity satisfies all of the minimum | 116 |
criteria and specifications adopted by the department of | 117 |
rehabilitation and correction pursuant to division (A)(2) of this | 118 |
section, provided that this alternative shall be available only in | 119 |
relation to the initial intensive program prison established | 120 |
pursuant to section 5120.033 of the Revised Code. | 121 |
(4) Subject to division (I) of this section, before a public | 122 |
entity may enter into a contract under this section, the | 123 |
contractor shall convincingly demonstrate to the public entity | 124 |
that it can operate the facility with the inmate capacity required | 125 |
by the public entity and provide the services required in this | 126 |
section and realize at least a five per cent savings over the | 127 |
projected cost to the public entity of providing these same | 128 |
services to operate the facility that is the subject of the | 129 |
contract. No out-of-state prisoners may be housed in any facility | 130 |
that is the subject of a contract entered into under this section. | 131 |
(B) Subject to division (I) of this section, any contract | 132 |
entered into under this section shall include all of the | 133 |
following: | 134 |
(1) A requirement that the contractor retain the contractor's | 135 |
accreditation from the American correctional association | 136 |
throughout the contract term or, if the contractor applied | 137 |
pursuant to division (A)(3)(b) of this section, continue complying | 138 |
with the applicable criteria and specifications adopted by the | 139 |
department of rehabilitation and correction pursuant to division | 140 |
(A)(2) of this section; | 141 |
(2) A requirement that all of the following conditions be | 142 |
met: | 143 |
(a) The contractor begins the process of accrediting the | 144 |
facility with the American correctional association no later than | 145 |
sixty days after the facility receives its first inmate. | 146 |
(b) The contractor receives accreditation of the facility | 147 |
within twelve months after the date the contractor applies to the | 148 |
American correctional association for accreditation. | 149 |
(c) Once the accreditation is received, the contractor | 150 |
maintains it for the duration of the contract term. | 151 |
(d) If the contractor does not comply with divisions | 152 |
(B)(2)(a) to (c) of this section, the contractor is in violation | 153 |
of the contract, and the public entity may revoke the contract at | 154 |
its discretion. | 155 |
(3) A requirement that the contractor comply with all rules | 156 |
promulgated by the department of rehabilitation and correction | 157 |
that apply to the operation and management of correctional | 158 |
facilities, including the minimum standards for jails in Ohio and | 159 |
policies regarding the use of force and the use of deadly force, | 160 |
although the public entity may require more stringent standards, | 161 |
and comply with any applicable laws, rules, or regulations of the | 162 |
federal, state, and local governments, including, but not limited | 163 |
to, sanitation, food service, safety, and health regulations. The | 164 |
contractor shall be required to send copies of reports of | 165 |
inspections completed by the appropriate authorities regarding | 166 |
compliance with rules and regulations to the director of | 167 |
rehabilitation and correction or the director's designee and, if | 168 |
contracting with a local public entity, to the governing authority | 169 |
of that entity. | 170 |
(4) A requirement that the contractor report for | 171 |
investigation all crimes in connection with the facility to the | 172 |
public entity, to all local law enforcement agencies with | 173 |
jurisdiction over the place at which the facility is located, and, | 174 |
for a crime committed at a state correctional institution, to the | 175 |
state highway patrol; | 176 |
(5) A requirement that the contractor immediately report all | 177 |
escapes from the facility, and the apprehension of all escapees, | 178 |
by telephone and in writing to all local law enforcement agencies | 179 |
with jurisdiction over the place at which the facility is located, | 180 |
to the prosecuting attorney of the county in which the facility is | 181 |
located, to the state highway patrol, to a daily newspaper having | 182 |
general circulation in the county in which the facility is | 183 |
located, and, if the facility is a state correctional institution, | 184 |
to the department of rehabilitation and correction. The written | 185 |
notice may be by either facsimile transmission or mail. A failure | 186 |
to comply with this requirement regarding an escape is a violation | 187 |
of section 2921.22 of the Revised Code. | 188 |
(6) A requirement that, if the facility is a state | 189 |
correctional institution, the contractor provide a written report | 190 |
within specified time limits to the director of rehabilitation and | 191 |
correction or the director's designee of all unusual incidents at | 192 |
the facility as defined in rules promulgated by the department of | 193 |
rehabilitation and correction or, if the facility is a local | 194 |
correctional institution, that the contractor provide a written | 195 |
report of all unusual incidents at the facility to the governing | 196 |
authority of the local public entity; | 197 |
(7) A requirement that the contractor maintain proper control | 198 |
of inmates' personal funds pursuant to rules promulgated by the | 199 |
department of rehabilitation and correction | 200 |
correctional institutions | 201 |
for jails along with any additional standards established by the | 202 |
local public
entity | 203 |
records pertaining to these funds be made available to | 204 |
representatives of the public entity for review or audit; | 205 |
(8) A requirement that the contractor prepare and distribute | 206 |
to the director of rehabilitation and correction or, if | 207 |
contracting with a local public entity, to the governing authority | 208 |
of the local entity | 209 |
statements and funding source financial reports; | 210 |
(9) A requirement that the public entity appoint and | 211 |
supervise a full-time contract monitor, that the contractor | 212 |
provide suitable office space for the contract monitor at the | 213 |
facility, and that the contractor allow the contract monitor | 214 |
unrestricted access to all parts of the facility and all records | 215 |
of the facility except the contractor's financial records; | 216 |
(10) A requirement that if the facility is a state | 217 |
correctional
institution | 218 |
and correction staff members be allowed access to the facility in | 219 |
accordance with rules promulgated by the department; | 220 |
(11) A requirement that the contractor provide internal and | 221 |
perimeter security as agreed upon in the contract; | 222 |
(12) If the facility is a state correctional institution, a | 223 |
requirement that the contractor impose discipline on inmates | 224 |
housed in a state
correctional institution | 225 |
with rules promulgated by the department of rehabilitation and | 226 |
correction; | 227 |
(13) A requirement that the facility be staffed at all times | 228 |
with a staffing pattern approved by the public entity and adequate | 229 |
both to ensure supervision of inmates and maintenance of security | 230 |
within the facility | 231 |
security, and other operational needs. In determining security | 232 |
needs, the contractor shall be required to consider, among other | 233 |
things, the proximity of the facility to neighborhoods and | 234 |
schools. | 235 |
(14) If the contract is with a local public entity, a | 236 |
requirement that the contractor provide services and programs, | 237 |
consistent with the minimum standards for jails promulgated by the | 238 |
department of rehabilitation and correction under section 5120.10 | 239 |
of the Revised Code; | 240 |
(15) A clear statement that no immunity from liability | 241 |
granted to the state, and no immunity from liability granted to | 242 |
political subdivisions under Chapter 2744. of the Revised Code, | 243 |
shall extend to the contractor or any of the contractor's | 244 |
employees; | 245 |
(16) A statement that all documents and records relevant to | 246 |
the facility shall be maintained in the same manner required for, | 247 |
and subject to the same laws, rules, and regulations as apply to, | 248 |
the records of the public entity; | 249 |
(17) Authorization for the public entity to impose a fine on | 250 |
the contractor from a schedule of fines included in the contract | 251 |
for the contractor's failure
to perform its contractual duties | 252 |
to cancel the contract, as the public entity considers | 253 |
appropriate. If a fine is imposed, the public entity may reduce | 254 |
the payment owed to the contractor pursuant to any invoice in the | 255 |
amount of the imposed fine. | 256 |
(18) A statement that all services provided or goods produced | 257 |
at the facility shall be subject to the same regulations, and the | 258 |
same distribution limitations, as apply to goods and services | 259 |
produced at other correctional institutions; | 260 |
(19) Authorization for the department to establish one or | 261 |
more prison industries at a facility operated and managed by a | 262 |
contractor for the department; | 263 |
(20) A requirement that, if the facility is an intensive | 264 |
program prison established pursuant to section 5120.033 of the | 265 |
Revised Code, the facility shall comply with all criteria for | 266 |
intensive program prisons of that type that are set forth in that | 267 |
section; | 268 |
(21) If the institution is a state correctional institution, | 269 |
a requirement that the contractor provide clothing for all inmates | 270 |
housed in the facility that is conspicuous in its color, style, or | 271 |
color and style, that conspicuously identifies its wearer as an | 272 |
inmate, and that is readily distinguishable from clothing of a | 273 |
nature that normally is worn outside the facility by non-inmates, | 274 |
that the contractor require all inmates housed in the facility to | 275 |
wear the clothing so provided, and that the contractor not permit | 276 |
any inmate, while inside or on the premises of the facility or | 277 |
while being transported to or from the facility, to wear any | 278 |
clothing of a nature that does not conspicuously identify its | 279 |
wearer as an inmate and that normally is worn outside the facility | 280 |
by non-inmates. | 281 |
(C) No contract entered into under this section may require, | 282 |
authorize, or imply a delegation of the authority or | 283 |
responsibility of the public entity to a contractor for any of the | 284 |
following: | 285 |
(1) Developing or implementing procedures for calculating | 286 |
inmate release and parole eligibility dates and recommending the | 287 |
granting or denying of parole, although the contractor may submit | 288 |
written reports that have been prepared in the ordinary course of | 289 |
business; | 290 |
(2) Developing or implementing procedures for calculating and | 291 |
awarding earned credits, approving the type of work inmates may | 292 |
perform and the wage or earned credits, if any, that may be | 293 |
awarded to inmates engaging in that work, and granting, denying, | 294 |
or revoking earned credits; | 295 |
(3) For inmates serving a term imposed for a felony offense | 296 |
committed prior to July 1, 1996, or for a misdemeanor offense, | 297 |
developing or implementing procedures for calculating and awarding | 298 |
good time, approving the good time, if any, that may be awarded to | 299 |
inmates engaging in work, and granting, denying, or revoking good | 300 |
time; | 301 |
(4) | 302 |
303 | |
304 |
| 305 |
less restrictive custody than the custody ordered by the public | 306 |
entity; | 307 |
| 308 |
| 309 |
services for inmates or receiving commissions from those services | 310 |
at a facility that is owned by or operated under a contract with | 311 |
the department. | 312 |
(D) A contractor that has been approved to operate a facility | 313 |
under this section, and a person or entity that enters into a | 314 |
contract for specialized services, as described in division (I) of | 315 |
this section, relative to an intensive program prison established | 316 |
pursuant to section 5120.033 of the Revised Code to be operated by | 317 |
a contractor that has been approved to operate the prison under | 318 |
this section, shall provide an adequate policy of insurance | 319 |
specifically including, but not limited to, insurance for civil | 320 |
rights claims as determined by a risk management or actuarial firm | 321 |
with demonstrated experience in public liability for state | 322 |
governments. The insurance policy shall provide that the state, | 323 |
including all state agencies, and all political subdivisions of | 324 |
the state with jurisdiction over the facility or in which a | 325 |
facility is located are named as insured, and that the state and | 326 |
its political subdivisions shall be sent any notice of | 327 |
cancellation. The contractor may not self-insure. | 328 |
A contractor that has been approved to operate a facility | 329 |
under this section, and a person or entity that enters into a | 330 |
contract for specialized services, as described in division (I) of | 331 |
this section, relative to an intensive program prison established | 332 |
pursuant to section 5120.033 of the Revised Code to be operated by | 333 |
a contractor that has been approved to operate the prison under | 334 |
this section, shall indemnify and hold harmless the state, its | 335 |
officers, agents, and employees, and any local government entity | 336 |
in the state having jurisdiction over the facility or ownership of | 337 |
the facility, shall reimburse the state for its costs in defending | 338 |
the state or any of its officers, agents, or employees, and shall | 339 |
reimburse any local government entity of that nature for its costs | 340 |
in defending the local government entity, from all of the | 341 |
following: | 342 |
(1) Any claims or losses for services rendered by the | 343 |
contractor, person, or entity performing or supplying services in | 344 |
connection with the performance of the contract; | 345 |
(2) Any failure of the contractor, person, or entity or its | 346 |
officers or employees to adhere to the laws, rules, regulations, | 347 |
or terms agreed to in the contract; | 348 |
(3) Any constitutional, federal, state, or civil rights claim | 349 |
brought against the state related to the facility operated and | 350 |
managed by the contractor; | 351 |
(4) Any claims, losses, demands, or causes of action arising | 352 |
out of the contractor's, person's, or entity's activities in this | 353 |
state; | 354 |
(5) Any attorney's fees or court costs arising from any | 355 |
habeas corpus actions or other inmate suits that may arise from | 356 |
any event that occurred at the facility or was a result of such an | 357 |
event, or arise over the conditions, management, or operation of | 358 |
the facility, which fees and costs shall include, but not be | 359 |
limited to, attorney's fees for the state's representation and for | 360 |
any court-appointed representation of any inmate, and the costs of | 361 |
any special judge who may be appointed to hear those actions or | 362 |
suits. | 363 |
(E) Private correctional officers of a contractor operating | 364 |
and managing a facility pursuant to a contract entered into under | 365 |
this section may carry and use firearms in the course of their | 366 |
employment only after being certified as satisfactorily completing | 367 |
an approved training program as described in division (A) of | 368 |
section 109.78 of the Revised Code. | 369 |
(F) Upon notification by the contractor of an escape from, or | 370 |
of a disturbance at, the facility that is the subject of a | 371 |
contract entered into under this section, the department of | 372 |
rehabilitation and correction and state and local law enforcement | 373 |
agencies shall use all reasonable means to recapture escapees or | 374 |
quell any disturbance. Any cost incurred by the state or its | 375 |
political subdivisions relating to the apprehension of an escapee | 376 |
or the quelling of a disturbance at the facility shall be | 377 |
chargeable to and borne by the contractor. The contractor shall | 378 |
also reimburse the state or its political subdivisions for all | 379 |
reasonable costs incurred relating to the temporary detention of | 380 |
the escapee following recapture. | 381 |
(G) Any offense that would be a crime if committed at a state | 382 |
correctional institution or jail, workhouse, prison, or other | 383 |
correctional facility shall be a crime if committed by or with | 384 |
regard to inmates at facilities operated pursuant to a contract | 385 |
entered into under this section. | 386 |
(H) A contractor operating and managing a facility pursuant | 387 |
to a contract entered into under this section shall pay any inmate | 388 |
workers at the facility at the rate approved by the public entity. | 389 |
Inmates working at the facility shall not be considered employees | 390 |
of the contractor. | 391 |
(I) In contracting for the private operation and management | 392 |
pursuant to division (A) of this section of the initial intensive | 393 |
program prison established pursuant to section 5120.033 of the | 394 |
Revised Code or of any other intensive program prison established | 395 |
pursuant to that section, the department of rehabilitation and | 396 |
correction may enter into a contract with a contractor for the | 397 |
general operation and management of the prison and may enter into | 398 |
one or more separate contracts with other persons or entities for | 399 |
the provision of specialized services for persons confined in the | 400 |
prison, including, but not limited to, security or training | 401 |
services or medical, counseling, educational, or similar treatment | 402 |
programs. If, pursuant to this division, the department enters | 403 |
into a contract with a contractor for the general operation and | 404 |
management of the prison and also enters into one or more | 405 |
specialized service contracts with other persons or entities, all | 406 |
of the following apply: | 407 |
(1) The contract for the general operation and management | 408 |
shall comply with all requirements and criteria set forth in this | 409 |
section, and all provisions of this section apply in relation to | 410 |
the prison operated and managed pursuant to the contract. | 411 |
(2) Divisions (A)(2), (B), and (C) of this section do not | 412 |
apply in relation to any specialized services contract, except to | 413 |
the extent that the provisions of those divisions clearly are | 414 |
relevant to the specialized services to be provided under the | 415 |
specialized services contract. Division (D) of this section | 416 |
applies in relation to each specialized services contract. | 417 |
(J) As used in this section: | 418 |
(1) "Public entity" means the department of rehabilitation | 419 |
and correction, or a county or municipal corporation or a | 420 |
combination of counties and municipal corporations, that has | 421 |
jurisdiction over a facility that is the subject of a contract | 422 |
entered into under this section. | 423 |
(2) "Local public entity" means a county or municipal | 424 |
corporation, or a combination of counties and municipal | 425 |
corporations, that has jurisdiction over a jail, workhouse, or | 426 |
other correctional facility used only for misdemeanants that is | 427 |
the subject of a contract entered into under this section. | 428 |
(3) "Governing authority of a local public entity" means, for | 429 |
a county, the board of county commissioners; for a municipal | 430 |
corporation, the legislative authority; for a combination of | 431 |
counties and municipal | 432 |
county commissioners and municipal legislative authorities that | 433 |
joined to create the facility. | 434 |
(4) "Contractor" means a person or entity that enters into a | 435 |
contract under this section to operate and manage a jail, | 436 |
workhouse, or other correctional facility. | 437 |
(5) "Facility" means the specific county, multicounty, | 438 |
municipal, municipal-county, or multicounty-municipal jail, | 439 |
workhouse, prison, or other type of correctional institution or | 440 |
facility used only for misdemeanants, or a state correctional | 441 |
institution, that is the subject of a contract entered into under | 442 |
this section. | 443 |
(6) "Person or entity" in the case of a contract for the | 444 |
private operation and management of a state correctional | 445 |
institution, includes an employee organization, as defined in | 446 |
section 4117.01 of the Revised Code, that represents employees at | 447 |
state correctional institutions. | 448 |
Sec. 9.871. (A) If an employee of the department of | 449 |
rehabilitation and correction is subject to criminal charges for | 450 |
actions occurring within the scope and in the course of the | 451 |
employee's assigned duties, and if the charges are dismissed or | 452 |
the employee is acquitted of any wrongdoing as a result, the | 453 |
employee may be indemnified for the reasonable cost of legal | 454 |
representation. An employee shall request indemnification by | 455 |
submitting a written request to the director of rehabilitation and | 456 |
correction. The director shall determine whether to recommend | 457 |
indemnification and shall transmit the recommendation to the | 458 |
attorney general. The attorney general shall review the request, | 459 |
the recommendation of the director, and any other information that | 460 |
the attorney general may require and shall decide whether or not | 461 |
the employee is to be indemnified. | 462 |
(B) A decision of the attorney general made under division | 463 |
(A) of this section is not subject to appeal or review in any | 464 |
court or other forum. No person has a right of action against the | 465 |
department of rehabilitation and correction in the court of claims | 466 |
or any other court based on a decision of the attorney general | 467 |
made under division (A) of this section. | 468 |
(C) The indemnification of an employee of the department of | 469 |
rehabilitation and correction pursuant to this section shall be | 470 |
accomplished only through the following procedure: | 471 |
(1) If the director of rehabilitation and correction | 472 |
determines that the actions or omissions of the employee that gave | 473 |
rise to the claim were within the scope of the employee's | 474 |
employment and that the costs of legal representation should be | 475 |
indemnified, the attorney general shall prepare an indemnity | 476 |
agreement. The indemnity agreement shall specify that the | 477 |
department of rehabilitation and correction will indemnify the | 478 |
employee from the expenses of legal representation. The agreement | 479 |
shall not be effective until it is approved by the employee, the | 480 |
director, and the attorney general. | 481 |
(2) The attorney general shall forward a copy of the | 482 |
indemnity agreement to the director of budget and management. | 483 |
(3) The director of budget and management shall charge any | 484 |
indemnification paid pursuant to this section against available | 485 |
unencumbered moneys in the appropriations of the department of | 486 |
rehabilitation and correction. The director of budget and | 487 |
management shall have sole discretion to determine whether or not | 488 |
unencumbered moneys in a particular appropriation are available | 489 |
for payment of the indemnification. | 490 |
(4) The director of budget and management shall, upon receipt | 491 |
of the agreement from the attorney general pursuant to division | 492 |
(C)(1) of this section, provide for payment to the employee in the | 493 |
amount specified in the agreement. | 494 |
(5) If the director of budget and management determines that | 495 |
sufficient unencumbered moneys do not exist in the particular | 496 |
appropriations to pay the indemnification, the director of budget | 497 |
and management shall make application for payment of the | 498 |
indemnification out of the emergency purposes account or any other | 499 |
appropriation for emergencies or contingencies, and payment out of | 500 |
this account or other appropriation shall be authorized if there | 501 |
are sufficient moneys greater than the sum total of then pending | 502 |
emergency purposes account requests, or requests for releases from | 503 |
the other appropriation. | 504 |
(6) If sufficient moneys do not exist in the emergency | 505 |
purposes account or any other appropriation for emergencies or | 506 |
contingencies to pay the indemnification, the director of | 507 |
rehabilitation and correction shall request the general assembly | 508 |
to make an appropriation sufficient to pay the indemnification, | 509 |
and no payment shall be made until the appropriation has been | 510 |
made. The department shall make the appropriation request during | 511 |
the current biennium and during each succeeding biennium until a | 512 |
sufficient appropriation is made. | 513 |
Sec. 109.37. (A) An employee of the department of | 514 |
rehabilitation and correction may be represented in a criminal | 515 |
proceeding by an attorney selected pursuant to division (B) of | 516 |
this section when all of the following apply: | 517 |
(1) The employee used deadly force that resulted in the death | 518 |
of another. | 519 |
(2) The use of deadly force occurred within the scope and in | 520 |
the course of the employee's assigned duties. | 521 |
(3) The employee's use of deadly force is being investigated | 522 |
by a prosecuting attorney or other criminal investigating | 523 |
authority for possible criminal charges. | 524 |
(B) When all of the conditions set forth in division (A) of | 525 |
this section apply, the employee may submit a request for legal | 526 |
representation to the director of rehabilitation and correction. | 527 |
If the director determines that all of the conditions in that | 528 |
division apply, and if the director considers the requested legal | 529 |
representation to be appropriate, the director may approve the | 530 |
request and submit it to the attorney general. Upon receipt of the | 531 |
request, the attorney general shall furnish the employee the names | 532 |
of three attorneys who are admitted to the practice of law in this | 533 |
state and are experienced in the defense of criminal charges. The | 534 |
employee may select one of the attorneys to represent the employee | 535 |
until the grand jury concludes its proceedings or the case is | 536 |
disposed of before the grand jury concludes its proceedings. | 537 |
(C) An attorney who represents an employee pursuant to | 538 |
division (B) of this section shall be paid at the usual rate for | 539 |
like services in the community in which the criminal proceedings | 540 |
occur or at the usual rate paid to special counsel under section | 541 |
109.07 of the Revised Code, as the attorney general decides. The | 542 |
department of rehabilitation and correction shall pay the | 543 |
attorney's compensation and all reasonable expenses and court | 544 |
costs incurred in the defense of the employee. The attorney | 545 |
general may adopt rules concerning the compensation of attorneys | 546 |
pursuant to this division. | 547 |
(D) If a criminal investigation described in division (A)(3) | 548 |
of this section of an employee results in an indictment based on | 549 |
the employee's use of deadly force, an attorney who represents the | 550 |
employee pursuant to division (B) of this section may continue to | 551 |
represent the employee in the criminal proceeding on any terms to | 552 |
which the attorney and employee mutually agree. Subject to section | 553 |
9.871 of the Revised Code, neither the attorney general nor the | 554 |
department of rehabilitation and correction is obligated to | 555 |
provide the employee with legal representation or to pay | 556 |
attorney's fees, expenses, or court costs incurred by the employee | 557 |
following the indictment of the employee. | 558 |
Sec. 121.05. Except as otherwise provided in this section, | 559 |
in each department, there shall be an assistant director | 560 |
designated by the director of that department. In the department | 561 |
of health, there shall be two assistant directors, each of whom | 562 |
shall be designated by the director of health. In the department | 563 |
of transportation, there shall be an assistant director for | 564 |
business management, an assistant director for field operations, | 565 |
and an assistant director for transportation policy, each of whom | 566 |
shall be designated by the director of transportation. In the | 567 |
department of insurance, the deputy superintendent of insurance | 568 |
shall be the assistant director. In the department of | 569 |
administrative services, there shall be two assistant directors, | 570 |
each of whom shall be designated by the director of administrative | 571 |
services. In the department of commerce, there shall be two | 572 |
assistant directors, each of whom shall be designated by the | 573 |
director of
commerce. In the department of
| 574 |
services, there may be up to two assistant directors, each of whom | 575 |
shall be
designated by the director of
| 576 |
services. In each department with an assistant director, the | 577 |
assistant director shall act as director in the absence or | 578 |
disability of the director and also shall act as director when the | 579 |
position of director is vacant, except that in the department of | 580 |
transportation, the department of health, the department of | 581 |
commerce, the department of administrative services, and the | 582 |
department of
| 583 |
designate which assistant director shall act as director in the | 584 |
director's absence. In each department without an assistant | 585 |
director, the director shall designate a deputy director to act as | 586 |
director in the absence or disability of the director. | 587 |
A director may designate any of the director's assistant | 588 |
directors or a deputy director to serve in the director's place as | 589 |
a member of any board, committee, authority, or commission of | 590 |
which the director is, by law, a member. The designee, when | 591 |
present, shall be counted in determining whether a quorum is | 592 |
present at any meeting. The designee may vote and participate in | 593 |
all proceedings and actions of the board, committee, authority, or | 594 |
commission, provided that the designee shall not execute or cause | 595 |
a facsimile of the designee's signature to be placed on any | 596 |
obligation, or execute any trust agreement or indenture. The | 597 |
designation shall be in writing, executed by the designating | 598 |
director, filed with the secretary of the board, committee, | 599 |
authority, or commission, and shall be in effect until withdrawn | 600 |
or superseded by a new designation. | 601 |
Sec. 321.44. (A)(1) A county probation services fund shall | 602 |
be established in the county treasury of each county. The fund a | 603 |
county establishes under this division shall contain all moneys | 604 |
paid to the treasurer of the county under section 2951.021 of the | 605 |
Revised Code for deposit into the fund. The moneys paid into the | 606 |
fund shall be deposited by the treasurer of the county into the | 607 |
appropriate account established under divisions (A)(1)(a) to (d) | 608 |
of this section. Separate accounts shall be maintained in | 609 |
accordance with the following criteria in the fund a county | 610 |
establishes under this division: | 611 |
(a) If a county department of probation is established in the | 612 |
county, a separate account shall be maintained in the fund for the | 613 |
county department of probation. | 614 |
(b) If the judges of the court of common pleas of the county | 615 |
have affiliated with the judges of the court of common pleas of | 616 |
one or more other counties and have established a multicounty | 617 |
department of probation, a separate account shall be maintained in | 618 |
the fund for the multicounty department of probation. | 619 |
(c) If a department of probation is established in a | 620 |
county-operated municipal court that has jurisdiction within the | 621 |
county, a separate account shall be maintained in the fund for the | 622 |
municipal court department of probation. | 623 |
(d) If a county department of probation has not been | 624 |
established in the county and if the court of common pleas of the | 625 |
county, pursuant to section 2301.32 of the Revised Code, has | 626 |
entered into an agreement with the adult parole authority under | 627 |
which the court may place defendants under a community control | 628 |
sanction in charge of the authority, a separate account shall be | 629 |
maintained in the fund for the | 630 |
common pleas. | 631 |
(2) For any county, if a county department of probation is | 632 |
established in the county or if a department of probation is | 633 |
established in a county-operated municipal court that has | 634 |
jurisdiction within the county, the board of county commissioners | 635 |
of the county shall appropriate to the county department of | 636 |
probation or municipal court department of probation all money | 637 |
that is contained in the department's account in the county | 638 |
probation services fund established in the county for use only for | 639 |
specialized staff, purchase of equipment, purchase of services, | 640 |
reconciliation programs for offenders and victims, other treatment | 641 |
programs, including alcohol and drug addiction programs certified | 642 |
under section 3793.06 of the Revised Code, determined to be | 643 |
appropriate by the chief probation officer of the department of | 644 |
probation, and other similar expenses related to placing offenders | 645 |
under a community control sanction. | 646 |
For any county, if the judges of the court of common pleas of | 647 |
the county have affiliated with the judges of the court of common | 648 |
pleas of one or more other counties and have established a | 649 |
multicounty department of probation to serve the counties, the | 650 |
board of county commissioners of the county shall appropriate and | 651 |
the county treasurer shall transfer to the multicounty probation | 652 |
services fund established for the multicounty department of | 653 |
probation under division (B) of this section all money that is | 654 |
contained in the multicounty department of probation account in | 655 |
the county probation services fund established in the county for | 656 |
use in accordance with that division. | 657 |
For any county, if a county department of probation has not | 658 |
been established in the county and if the court of common pleas of | 659 |
the county, pursuant to section 2301.32 of the Revised Code, has | 660 |
entered into an agreement with the adult parole authority under | 661 |
which the court may place defendants under a community control | 662 |
sanction in charge of the authority, the board of county | 663 |
commissioners of the county
shall appropriate | 664 |
665 | |
666 | |
667 | |
668 | |
established in the county for use | 669 |
670 | |
of equipment, purchase of services, reconciliation programs for | 671 |
offenders and victims, other treatment programs, including alcohol | 672 |
and drug addiction programs certified under section 3793.06 of the | 673 |
Revised Code, determined to be appropriate by the authority, and | 674 |
other similar uses related to placing offenders under a community | 675 |
control sanction. | 676 |
(B) If the judges of the courts of common pleas of two or | 677 |
more counties have established a multicounty department of | 678 |
probation, a multicounty probation services fund shall be | 679 |
established in the county treasury of the county whose treasurer, | 680 |
in accordance with section 2301.27 of the Revised Code, is | 681 |
designated by the judges of the courts of common pleas as the | 682 |
treasurer to whom monthly supervision fees are to be appropriated | 683 |
and transferred under division (A)(2) of this section for deposit | 684 |
into the fund. The fund shall contain all moneys that are paid to | 685 |
the treasurer of any member county under section 2951.021 of the | 686 |
Revised Code for deposit into the county's probation services fund | 687 |
and that subsequently are appropriated and transferred to the | 688 |
multicounty probation services fund under division (A)(2) of this | 689 |
section. The board of county commissioners of the county in which | 690 |
the multicounty probation services fund is established shall | 691 |
appropriate the money contained in that fund to the multicounty | 692 |
department of probation, for use only for specialized staff, | 693 |
purchase of equipment, purchase of services, reconciliation | 694 |
programs for offenders and victims, other treatment programs, | 695 |
including alcohol and drug addiction programs certified under | 696 |
section 3793.06 of the Revised Code, determined to be appropriate | 697 |
by the chief probation officer, and for other similar expenses | 698 |
related to placing offenders under a community control sanction. | 699 |
(C) Any money in a county or multicounty probation services | 700 |
fund at the end of a fiscal year shall not revert to the general | 701 |
fund of the county but shall be retained in the fund. | 702 |
(D) As used in this section: | 703 |
(1) "County-operated municipal court" has the same meaning as | 704 |
in section 1901.03 of the Revised Code. | 705 |
(2) "Multicounty department of probation" means a probation | 706 |
department established under section 2301.27 of the Revised Code | 707 |
to serve more than one county. | 708 |
(3) "Community control sanction" has the same meaning as in | 709 |
section 2929.01 of the Revised Code. | 710 |
Sec. 341.192. (A) As used in this section: | 711 |
(1) "Medical assistance program" has the same meaning as in | 712 |
section 2913.40 of the Revised Code. | 713 |
(2) "Medical provider" means a physician, hospital, | 714 |
laboratory, pharmacy, or other health care provider that is not | 715 |
employed by or under contract to a county, the department of youth | 716 |
services, or the department of rehabilitation and correction to | 717 |
provide medical services to persons confined in the county jail or | 718 |
a state correctional institution. | 719 |
(3) "Necessary care" means medical care of a nonelective | 720 |
nature that cannot be postponed until after the period of | 721 |
confinement of a person who is confined in a county jail or a | 722 |
state correctional institution or is in the custody of a law | 723 |
enforcement officer without endangering the life or health of the | 724 |
person. | 725 |
(B) If a physician employed by or under contract to a county, | 726 |
the department of youth services, or the department of | 727 |
rehabilitation and correction to provide medical services to | 728 |
persons confined in the county jail or state correctional | 729 |
institution determines that a person who is confined in the county | 730 |
jail or a state correctional institution or who is in the custody | 731 |
of a law enforcement officer prior to the person's confinement in | 732 |
the county jail or a state correctional institution requires | 733 |
necessary care that the physician cannot provide, the necessary | 734 |
care shall be provided by a medical provider. The county, the | 735 |
department of youth services, or the department of rehabilitation | 736 |
and correction shall pay a medical provider for necessary care an | 737 |
amount not exceeding the authorized reimbursement rate for the | 738 |
same service established by the department of job and family | 739 |
services under the medical assistance program. | 740 |
Sec. 1713.34. Superintendents of city hospitals, directors | 741 |
or superintendents of city infirmaries, county homes, or other | 742 |
charitable institutions, directors or superintendents of | 743 |
workhouses, founded and supported in whole or in part at public | 744 |
expense, superintendents or managing officers of state benevolent | 745 |
746 | |
sheriffs, or coroners, in possession of bodies not claimed or | 747 |
identified, or which must be buried at the expense of the state, | 748 |
county, or township, before burial, shall notify the professor of | 749 |
anatomy in a college which by its charter is empowered to teach | 750 |
anatomy, or the secretary of the board of embalmers and funeral | 751 |
directors of this state, of the fact that such bodies are being so | 752 |
held. If after a period of thirty-six hours the body has not been | 753 |
accepted by friends or relatives for burial at their expense, such | 754 |
superintendent, director, or other officer, on the written | 755 |
application of such professor, or the secretary of the board of | 756 |
embalmers and funeral directors, shall deliver to such professor | 757 |
or secretary, for the purpose of medical or surgical study or | 758 |
dissection or for the study of embalming, the body of any such | 759 |
person who died in any of such institutions from any disease which | 760 |
is not infectious. The expense of the delivery of the body shall | 761 |
be borne by the parties in whose keeping the body was placed. | 762 |
Sec. 2921.36. (A) No person shall knowingly convey, or | 763 |
attempt to convey, onto the grounds of a detention facility or of | 764 |
an institution, office building, or other place that is under the | 765 |
control of the department of
mental health | 766 |
mental retardation and developmental disabilities, the department | 767 |
of youth services, or the department of rehabilitation and | 768 |
correction any of the following items: | 769 |
(1) Any deadly weapon or dangerous ordnance, as defined in | 770 |
section 2923.11 of the Revised Code, or any part of or ammunition | 771 |
for use in such a deadly weapon or dangerous ordnance; | 772 |
(2) Any drug of abuse, as defined in section 3719.011 of the | 773 |
Revised Code; | 774 |
(3) Any intoxicating liquor, as defined in section 4301.01 of | 775 |
the Revised Code. | 776 |
(B) Division (A) of this section does not apply to any person | 777 |
who conveys or attempts to convey an item onto the grounds of a | 778 |
detention facility or of an institution, office building, or other | 779 |
place under the control of
the department of mental health | 780 |
department of mental retardation and developmental disabilities, | 781 |
the department of youth services, or the department of | 782 |
rehabilitation and correction pursuant to the written | 783 |
authorization of the person in charge of the detention facility or | 784 |
the institution, office building, or other place and in accordance | 785 |
with the written rules of the detention facility or the | 786 |
institution, office building, or other place. | 787 |
(C) No person shall knowingly deliver, or attempt to deliver, | 788 |
to any person who is confined in a detention facility, to a child | 789 |
confined in a youth services facility, to a prisoner who is | 790 |
temporarily released from confinement for a work assignment, or to | 791 |
any patient in an institution under the control of the department | 792 |
of mental health or the department of mental retardation and | 793 |
developmental disabilities | 794 |
(2), or (3) of this section. | 795 |
(D) No person shall knowingly deliver, or attempt to deliver, | 796 |
cash to any person who is confined in a detention facility, to a | 797 |
child confined in a youth services facility, or to a prisoner who | 798 |
is temporarily released from confinement for a work assignment. | 799 |
(E) No person shall knowingly deliver, or attempt to deliver, | 800 |
to any person who is confined in a detention facility, to a child | 801 |
confined in a youth services facility, or to a prisoner who is | 802 |
temporarily released from confinement for a work assignment a | 803 |
cellular telephone, two-way radio, or other electronic | 804 |
communications device. | 805 |
(F)(1) It is an affirmative defense to a charge under | 806 |
division (A)(1) of this section that the weapon or dangerous | 807 |
ordnance in question was being transported in a motor vehicle for | 808 |
any lawful purpose, that it was not on the actor's person, and, if | 809 |
the weapon or dangerous ordnance in question was a firearm, that | 810 |
it was unloaded and was being carried in a closed package, box, or | 811 |
case or in a compartment that can be reached only by leaving the | 812 |
vehicle. | 813 |
(2) It is an affirmative defense to a charge under division | 814 |
(C) of this section that the actor was not otherwise prohibited by | 815 |
law from delivering the item to the confined person, the child, | 816 |
the prisoner, or the patient and that either of the following | 817 |
applies: | 818 |
(a) The actor was permitted by the written rules of the | 819 |
detention facility or the institution, office building, or other | 820 |
place to deliver the item to the confined person or the patient. | 821 |
(b) The actor was given written authorization by the person | 822 |
in charge of the detention facility or the institution, office | 823 |
building, or other place to deliver the item to the confined | 824 |
person or the patient. | 825 |
(G)(1) Whoever violates division (A)(1) of this section or | 826 |
commits a violation of division (C) of this section involving an | 827 |
item listed in division (A)(1) of this section is guilty of | 828 |
illegal conveyance of weapons onto the grounds of a | 829 |
specified governmental
facility | 830 |
831 | |
of the fourth degree. If the offender is an officer or employee of | 832 |
the department of rehabilitation and correction, the court shall | 833 |
impose a mandatory prison term. | 834 |
(2) Whoever violates division (A)(2) of this section or | 835 |
commits a violation of division (C) of this section involving any | 836 |
drug of abuse is guilty of illegal conveyance of drugs of abuse | 837 |
onto the grounds of a | 838 |
839 | |
840 | |
offender is an officer or employee of the department of | 841 |
rehabilitation and correction or of the department of youth | 842 |
services, the court shall impose a mandatory prison term. | 843 |
(3) Whoever violates division (A)(3) of this section or | 844 |
commits a violation of division (C) of this section involving any | 845 |
intoxicating liquor is guilty of illegal conveyance of | 846 |
intoxicating liquor onto the grounds of a | 847 |
governmental facility | 848 |
849 | |
second degree. | 850 |
(4) Whoever violates division (D) of this section is guilty | 851 |
of illegal conveyance of cash onto the grounds of a detention | 852 |
facility, a misdemeanor of the first degree. If the offender | 853 |
previously has been convicted of or pleaded guilty to a violation | 854 |
of division (D) of this section, illegal conveyance of cash onto | 855 |
the grounds of a detention facility is a felony of the fifth | 856 |
degree. | 857 |
(5) Whoever violates division (E) of this section is guilty | 858 |
of illegal conveyance of a communications device onto the grounds | 859 |
of a | 860 |
the first degree, or if the offender previously has been convicted | 861 |
of or pleaded guilty to a violation of division (E) of this | 862 |
section, a felony of the fifth degree. | 863 |
Sec. 2929.01. As used in this chapter: | 864 |
(A)(1) "Alternative residential facility" means, subject to | 865 |
division (A)(2) of this section, any facility other than an | 866 |
offender's home or residence in which an offender is assigned to | 867 |
live and that satisfies all of the following criteria: | 868 |
(a) It provides programs through which the offender may seek | 869 |
or maintain employment or may receive education, training, | 870 |
treatment, or habilitation. | 871 |
(b) It has received the appropriate license or certificate | 872 |
for any specialized education, training, treatment, habilitation, | 873 |
or other service that it provides from the government agency that | 874 |
is responsible for licensing or certifying that type of education, | 875 |
training, treatment, habilitation, or service. | 876 |
(2) "Alternative residential facility" does not include a | 877 |
community-based correctional facility, jail, halfway house, or | 878 |
prison. | 879 |
(B) | 880 |
881 | |
882 | |
883 | |
884 | |
885 | |
886 | |
887 |
| 888 |
the offender maintain contact with a person appointed to supervise | 889 |
the offender in accordance with sanctions imposed by the court or | 890 |
imposed by the parole board pursuant to section 2967.28 of the | 891 |
Revised Code. "Basic probation supervision" includes basic parole | 892 |
supervision and basic post-release control supervision. | 893 |
| 894 |
"unit dose" have the same meanings as in section 2925.01 of the | 895 |
Revised Code. | 896 |
| 897 |
community-based correctional facility and program or district | 898 |
community-based correctional facility and program developed | 899 |
pursuant to sections 2301.51 to 2301.58 of the Revised Code. | 900 |
| 901 |
not a prison term and that is described in section 2929.15, | 902 |
2929.16, 2929.17, or 2929.18 of the Revised Code or a sanction | 903 |
that is not a jail term and that is described in section 2929.26, | 904 |
2929.27, or 2929.28 of the Revised Code. "Community control | 905 |
sanction" includes probation if the sentence involved was imposed | 906 |
for a felony that was committed prior to July 1, 1996, or if the | 907 |
sentence involved was imposed for a misdemeanor that was committed | 908 |
prior to January 1, 2004. | 909 |
| 910 |
"schedule II" have the same meanings as in section 3719.01 of the | 911 |
Revised Code. | 912 |
| 913 |
specified period of time be at a designated place. | 914 |
| 915 |
offender is required each day to report to and leave a center or | 916 |
other approved reporting location at specified times in order to | 917 |
participate in work, education or training, treatment, and other | 918 |
approved programs at the center or outside the center. | 919 |
| 920 |
2923.11 of the Revised Code. | 921 |
| 922 |
under which an offender agrees to submit to random chemical | 923 |
analysis of the offender's blood, breath, or urine to determine | 924 |
whether the offender has ingested any alcohol or other drugs. | 925 |
| 926 |
a person undergoes assessment and treatment designed to reduce or | 927 |
completely eliminate the person's physical or emotional reliance | 928 |
upon alcohol, another drug, or alcohol and another drug and under | 929 |
which the person may be required to receive assessment and | 930 |
treatment on an outpatient basis or may be required to reside at a | 931 |
facility other than the person's home or residence while | 932 |
undergoing assessment and treatment. | 933 |
| 934 |
by a victim as a direct and proximate result of the commission of | 935 |
an offense and includes any loss of income due to lost time at | 936 |
work because of any injury caused to the victim, and any property | 937 |
loss, medical cost, or funeral expense incurred as a result of the | 938 |
commission of the offense. "Economic loss" does not include | 939 |
non-economic loss or any punitive or exemplary damages. | 940 |
| 941 |
conjunction with a program offered by, a university, college, or | 942 |
technical college or vocational study and also includes the | 943 |
completion of primary school, secondary school, and literacy | 944 |
curricula or their equivalent. | 945 |
| 946 |
of the Revised Code. | 947 |
| 948 |
division of parole and community services of the department of | 949 |
rehabilitation and correction pursuant to section 2967.14 of the | 950 |
Revised Code as a suitable facility for the care and treatment of | 951 |
adult offenders. | 952 |
| 953 |
offender that is in the offender's home or in other premises | 954 |
specified by the sentencing court or by the parole board pursuant | 955 |
to section 2967.28 of the Revised Code and during which all of the | 956 |
following apply: | 957 |
(1) The offender is required to remain in the offender's home | 958 |
or other specified premises for the specified period of | 959 |
confinement, except for periods of time during which the offender | 960 |
is at the offender's place of employment or at other premises as | 961 |
authorized by the sentencing court or by the parole board. | 962 |
(2) The offender is required to report periodically to a | 963 |
person designated by the court or parole board. | 964 |
(3) The offender is subject to any other restrictions and | 965 |
requirements that may be imposed by the sentencing court or by the | 966 |
parole board. | 967 |
| 968 |
that an offender maintain frequent contact with a person appointed | 969 |
by the court, or by the parole board pursuant to section 2967.28 | 970 |
of the Revised Code, to supervise the offender while the offender | 971 |
is seeking or maintaining necessary employment and participating | 972 |
in training, education, and treatment programs as required in the | 973 |
court's or parole board's order. "Intensive probation supervision" | 974 |
includes intensive parole supervision and intensive post-release | 975 |
control supervision. | 976 |
| 977 |
or other residential facility used for the confinement of alleged | 978 |
or convicted offenders that is operated by a political subdivision | 979 |
or a combination of political subdivisions of this state. | 980 |
| 981 |
court imposes or is authorized to impose pursuant to section | 982 |
2929.24 or 2929.25 of the Revised Code or pursuant to any other | 983 |
provision of the Revised Code that authorizes a term in a jail for | 984 |
a misdemeanor conviction. | 985 |
| 986 |
sentencing court is required to impose pursuant to division (G) of | 987 |
section 1547.99 of the Revised Code, division (E) of section | 988 |
2903.06 or division (D) of section 2903.08 of the Revised Code, | 989 |
division (E) of section 2929.24 of the Revised Code, division (B) | 990 |
of section 4510.14 of the Revised Code, or division (G) of section | 991 |
4511.19 of the Revised Code or pursuant to any other provision of | 992 |
the Revised Code that requires a term in a jail for a misdemeanor | 993 |
conviction. | 994 |
| 995 |
2152.02 of the Revised Code. | 996 |
| 997 |
by a sentencing court, or by the parole board pursuant to section | 998 |
2967.28 of the Revised Code, to the regulatory or licensing board | 999 |
or agency that issued an offender a professional license or a | 1000 |
license or permit to do business in this state and that specifies | 1001 |
that the offender has been convicted of or pleaded guilty to an | 1002 |
offense that may violate the conditions under which the offender's | 1003 |
professional license or license or permit to do business in this | 1004 |
state was granted or an offense for which the offender's | 1005 |
professional license or license or permit to do business in this | 1006 |
state may be revoked or suspended. | 1007 |
| 1008 |
convicted of or pleads guilty to the possession of, sale of, or | 1009 |
offer to sell any drug, compound, mixture, preparation, or | 1010 |
substance that consists of or contains at least one thousand grams | 1011 |
of hashish; at least one hundred grams of crack cocaine; at least | 1012 |
one thousand grams of cocaine that is not crack cocaine; at least | 1013 |
two thousand five hundred unit doses or two hundred fifty grams of | 1014 |
heroin; at least five thousand unit doses of L.S.D. or five | 1015 |
hundred grams of L.S.D. in a liquid concentrate, liquid extract, | 1016 |
or liquid distillate form; or at least one hundred times the | 1017 |
amount of any other schedule I or II controlled substance other | 1018 |
than marihuana that is necessary to commit a felony of the third | 1019 |
degree pursuant to section 2925.03, 2925.04, 2925.05, or 2925.11 | 1020 |
of the Revised Code that is based on the possession of, sale of, | 1021 |
or offer to sell the controlled substance. | 1022 |
| 1023 |
(1) Subject to division | 1024 |
in prison that must be imposed for the offenses or circumstances | 1025 |
set forth in divisions (F)(1) to (8) or (F)(12) to (14) of section | 1026 |
2929.13 and division (D) of section 2929.14 of the Revised Code. | 1027 |
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, | 1028 |
and 2925.11 of the Revised Code, unless the maximum or another | 1029 |
specific term is required under section 2929.14 or 2929.142 of the | 1030 |
Revised Code, a mandatory prison term described in this division | 1031 |
may be any prison term authorized for the level of offense. | 1032 |
(2) The term of sixty or one hundred twenty days in prison | 1033 |
that a sentencing court is required to impose for a third or | 1034 |
fourth degree felony OVI offense pursuant to division (G)(2) of | 1035 |
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 | 1036 |
of the Revised Code or the term of one, two, three, four, or five | 1037 |
years in prison that a sentencing court is required to impose | 1038 |
pursuant to division (G)(2) of section 2929.13 of the Revised | 1039 |
Code. | 1040 |
(3) The term in prison imposed pursuant to division (A) of | 1041 |
section 2971.03 of the Revised Code for the offenses and in the | 1042 |
circumstances described in division (F)(11) of section 2929.13 of | 1043 |
the Revised Code, pursuant to division (B)(1)(a), (b), or (c) of | 1044 |
section 2971.03 of the Revised Code for the offense of rape | 1045 |
committed on or after | 1046 |
2, 2007, in violation of division (A)(1)(b) of section 2907.02 of | 1047 |
the Revised Code, pursuant to division (B)(2)(a) of section | 1048 |
2971.03 of the Revised Code for the offense of attempted rape | 1049 |
committed on or after | 1050 |
2, 2007, and a specification of the type described in section | 1051 |
2941.1418 of the Revised Code, pursuant to division (B)(2)(b) of | 1052 |
section 2971.03 of the Revised Code for the offense of attempted | 1053 |
rape committed on or after | 1054 |
January 2, 2007, and a specification of the type described in | 1055 |
section 2941.1419 of the Revised Code, or pursuant to division | 1056 |
(B)(2)(c) of section 2971.03 of the Revised Code for the offense | 1057 |
of attempted rape committed on or after | 1058 |
1059 | |
described in section 2941.1420 of the Revised Code and that term | 1060 |
as modified or terminated pursuant to section 2971.05 of the | 1061 |
Revised Code. | 1062 |
| 1063 |
an offender continues to be under the control of the sentencing | 1064 |
court or parole board, subject to no conditions other than leading | 1065 |
a law-abiding life. | 1066 |
| 1067 |
convicted of or pleads guilty to a felony or a misdemeanor. | 1068 |
| 1069 |
confinement of convicted felony offenders that is under the | 1070 |
control of the department of rehabilitation and correction but | 1071 |
does not include a violation sanction center operated under | 1072 |
authority of section 2967.141 of the Revised Code. | 1073 |
| 1074 |
sanctions for an offender: | 1075 |
(1) A stated prison term; | 1076 |
(2) A term in a prison shortened by, or with the approval of, | 1077 |
the sentencing court pursuant to section 2929.20, 2967.26, | 1078 |
5120.031, 5120.032, or 5120.073 of the
Revised Code | 1079 |
| 1080 |
1081 | |
1082 | |
1083 |
| 1084 |
both of the following apply: | 1085 |
(1) The person is being sentenced for committing or for | 1086 |
complicity in committing any of the following: | 1087 |
(a) Aggravated murder, murder, any felony of the first or | 1088 |
second degree that is an offense of violence, or an attempt to | 1089 |
commit any of these offenses if the attempt is a felony of the | 1090 |
first or second degree; | 1091 |
(b) An offense under an existing or former law of this state, | 1092 |
another state, or the United States that is or was substantially | 1093 |
equivalent to an offense described in division | 1094 |
this section. | 1095 |
(2) The person previously was convicted of or pleaded guilty | 1096 |
to an offense described in division | 1097 |
section. | 1098 |
| 1099 |
offender who is convicted of or pleads guilty to an offense, as | 1100 |
punishment for the offense. "Sanction" includes any sanction | 1101 |
imposed pursuant to any provision of sections 2929.14 to 2929.18 | 1102 |
or 2929.24 to 2929.28 of the Revised Code. | 1103 |
| 1104 |
sanctions imposed by the sentencing court on an offender who is | 1105 |
convicted of or pleads guilty to an offense. | 1106 |
| 1107 |
mandatory prison term, or combination of all prison terms and | 1108 |
mandatory prison terms imposed by the sentencing court pursuant to | 1109 |
section 2929.14, 2929.142, or 2971.03 of the Revised Code. "Stated | 1110 |
prison term" includes any credit received by the offender for time | 1111 |
spent in jail awaiting trial, sentencing, or transfer to prison | 1112 |
for the offense and any time spent under house arrest or house | 1113 |
arrest with electronic monitoring imposed after earning credits | 1114 |
pursuant to section 2967.193 of the Revised Code. | 1115 |
| 1116 |
or mediation program that involves an offender and the victim of | 1117 |
the offense committed by the offender and that includes a meeting | 1118 |
in which the offender and the victim may discuss the offense, | 1119 |
discuss restitution, and consider other sanctions for the offense. | 1120 |
| 1121 |
of division (A) of section 4511.19 of the Revised Code that, under | 1122 |
division (G) of that section, is a felony of the fourth degree. | 1123 |
| 1124 |
term of sixty or one hundred twenty days in a jail, a | 1125 |
community-based correctional facility, a halfway house, or an | 1126 |
alternative residential facility that a sentencing court may | 1127 |
impose upon a person who is convicted of or pleads guilty to a | 1128 |
fourth degree felony OVI offense pursuant to division (G)(1) of | 1129 |
section 2929.13 of the Revised Code and division (G)(1)(d) or (e) | 1130 |
of section 4511.19 of the Revised Code. | 1131 |
| 1132 |
offense," "violent sex offense," "sexual motivation | 1133 |
specification," "sexually violent offense," "sexually violent | 1134 |
predator," and "sexually violent predator specification" have the | 1135 |
same meanings as in section 2971.01 of the Revised Code. | 1136 |
| 1137 |
offense," "sexual predator," "registration-exempt sexually | 1138 |
oriented offense," "child-victim oriented offense," "habitual | 1139 |
child-victim offender," and "child-victim predator" have the same | 1140 |
meanings as in section 2950.01 of the Revised Code. | 1141 |
| 1142 |
if the offender commits the offense within thirty feet of or | 1143 |
within the same residential unit as a child who is under eighteen | 1144 |
years of age, regardless of whether the offender knows the age of | 1145 |
the child or whether the offender knows the offense is being | 1146 |
committed within thirty feet of or within the same residential | 1147 |
unit as the child and regardless of whether the child actually | 1148 |
views the commission of the offense. | 1149 |
| 1150 |
in section 2919.25 of the Revised Code. | 1151 |
| 1152 |
same meanings as in section 4501.01 of the Revised Code. | 1153 |
| 1154 |
meanings as in section 2921.01 of the Revised Code. | 1155 |
| 1156 |
of division (A) of section 4511.19 of the Revised Code that, under | 1157 |
division (G) of that section, is a felony of the third degree. | 1158 |
| 1159 |
section 5120.63 of the Revised Code. | 1160 |
| 1161 |
section 2967.28 of the Revised Code. | 1162 |
| 1163 |
2941.1411 of the Revised Code. | 1164 |
| 1165 |
use of an electronic monitoring device. | 1166 |
| 1167 |
following: | 1168 |
(1) Any device that can be operated by electrical or battery | 1169 |
power and that conforms with all of the following: | 1170 |
(a) The device has a transmitter that can be attached to a | 1171 |
person, that will transmit a specified signal to a receiver of the | 1172 |
type described in division | 1173 |
transmitter is removed from the person, turned off, or altered in | 1174 |
any manner without prior court approval in relation to electronic | 1175 |
monitoring or without prior approval of the department of | 1176 |
rehabilitation and correction in relation to the use of an | 1177 |
electronic monitoring device for an inmate on transitional control | 1178 |
or otherwise is tampered with, that can transmit continuously and | 1179 |
periodically a signal to that receiver when the person is within a | 1180 |
specified distance from the receiver, and that can transmit an | 1181 |
appropriate signal to that receiver if the person to whom it is | 1182 |
attached travels a specified distance from that receiver. | 1183 |
(b) The device has a receiver that can receive continuously | 1184 |
the signals transmitted by a transmitter of the type described in | 1185 |
division | 1186 |
those signals by telephone to a central monitoring computer of the | 1187 |
type described in division | 1188 |
transmit continuously an appropriate signal to that central | 1189 |
monitoring computer if the receiver is turned off or altered | 1190 |
without prior court approval or otherwise tampered with. | 1191 |
(c) The device has a central monitoring computer that can | 1192 |
receive continuously the signals transmitted by telephone by a | 1193 |
receiver of the type described in division | 1194 |
section and can monitor continuously the person to whom an | 1195 |
electronic monitoring device of the type described in division | 1196 |
1197 |
(2) Any device that is not a device of the type described in | 1198 |
division | 1199 |
the following: | 1200 |
(a) The device includes a transmitter and receiver that can | 1201 |
monitor and determine the location of a subject person at any | 1202 |
time, or at a designated point in time, through the use of a | 1203 |
central monitoring computer or through other electronic means. | 1204 |
(b) The device includes a transmitter and receiver that can | 1205 |
determine at any time, or at a designated point in time, through | 1206 |
the use of a central monitoring computer or other electronic means | 1207 |
the fact that the transmitter is turned off or altered in any | 1208 |
manner without prior approval of the court in relation to the | 1209 |
electronic monitoring or without prior approval of the department | 1210 |
of rehabilitation and correction in relation to the use of an | 1211 |
electronic monitoring device for an inmate on transitional control | 1212 |
or otherwise is tampered with. | 1213 |
(3) Any type of technology that can adequately track or | 1214 |
determine the location of a subject person at any time and that is | 1215 |
approved by the director of rehabilitation and correction, | 1216 |
including, but not limited to, any satellite technology, voice | 1217 |
tracking system, or retinal scanning system that is so approved. | 1218 |
| 1219 |
by a victim of an offense as a result of or related to the | 1220 |
commission of the offense, including, but not limited to, pain and | 1221 |
suffering; loss of society, consortium, companionship, care, | 1222 |
assistance, attention, protection, advice, guidance, counsel, | 1223 |
instruction, training, or education; mental anguish; and any other | 1224 |
intangible loss. | 1225 |
| 1226 |
2935.01 of the Revised Code. | 1227 |
| 1228 |
automatically test and periodically transmit alcohol consumption | 1229 |
levels and tamper attempts at least every hour, regardless of the | 1230 |
location of the person who is being monitored. | 1231 |
| 1232 |
predator" if the person is convicted of or pleads guilty to a | 1233 |
violent sex offense and also is convicted of or pleads guilty to a | 1234 |
sexually violent predator specification that was included in the | 1235 |
indictment, count in the indictment, or information charging that | 1236 |
violent sex offense or if the person is convicted of or pleads | 1237 |
guilty to a designated homicide, assault, or kidnapping offense | 1238 |
and also is convicted of or pleads guilty to both a sexual | 1239 |
motivation specification and a sexually violent predator | 1240 |
specification that were included in the indictment, count in the | 1241 |
indictment, or information charging that designated homicide, | 1242 |
assault, or kidnapping offense. | 1243 |
Sec. 2929.12. (A) Unless otherwise required by section | 1244 |
2929.13 or 2929.14 of the Revised Code, a court that imposes a | 1245 |
sentence under this chapter upon an offender for a felony has | 1246 |
discretion to determine the most effective way to comply with the | 1247 |
purposes and principles of sentencing set forth in section 2929.11 | 1248 |
of the Revised Code. In exercising that discretion, the court | 1249 |
shall consider the factors set forth in divisions (B) and (C) of | 1250 |
this section relating to the seriousness of the conduct and the | 1251 |
factors provided in divisions (D) and (E) of this section relating | 1252 |
to the likelihood of the offender's recidivism and, in addition, | 1253 |
may consider any other factors that are relevant to achieving | 1254 |
those purposes and principles of sentencing. | 1255 |
(B) The sentencing court shall consider all of the following | 1256 |
that apply regarding the offender, the offense, or the victim, and | 1257 |
any other relevant factors, as indicating that the offender's | 1258 |
conduct is more serious than conduct normally constituting the | 1259 |
offense: | 1260 |
(1) The physical or mental injury suffered by the victim of | 1261 |
the offense due to the conduct of the offender was exacerbated | 1262 |
because of the physical or mental condition or age of the victim. | 1263 |
(2) The victim of the offense suffered serious physical, | 1264 |
psychological, or economic harm as a result of the offense. | 1265 |
(3) The offender held a public office or position of trust in | 1266 |
the community, and the offense related to that office or position. | 1267 |
(4) The offender's occupation, elected office, or profession | 1268 |
obliged the offender to prevent the offense or bring others | 1269 |
committing it to justice. | 1270 |
(5) The offender's professional reputation or occupation, | 1271 |
elected office, or profession was used to facilitate the offense | 1272 |
or is likely to influence the future conduct of others. | 1273 |
(6) The offender's relationship with the victim facilitated | 1274 |
the offense. | 1275 |
(7) The offender committed the offense for hire or as a part | 1276 |
of an organized criminal activity. | 1277 |
(8) In committing the offense, the offender was motivated by | 1278 |
prejudice based on race, ethnic background, gender, sexual | 1279 |
orientation, or religion. | 1280 |
(9) If the offense is a violation of section 2919.25 or a | 1281 |
violation of section 2903.11, 2903.12, or 2903.13 of the Revised | 1282 |
Code involving a person who was a family or household member at | 1283 |
the time of the violation, the offender committed the offense in | 1284 |
the vicinity of one or more children who are not victims of the | 1285 |
offense, and the offender or the victim of the offense is a | 1286 |
parent, guardian, custodian, or person in loco parentis of one or | 1287 |
more of those children. | 1288 |
(C) The sentencing court shall consider all of the following | 1289 |
that apply regarding the offender, the offense, or the victim, and | 1290 |
any other relevant factors, as indicating that the offender's | 1291 |
conduct is less serious than conduct normally constituting the | 1292 |
offense: | 1293 |
(1) The victim induced or facilitated the offense. | 1294 |
(2) In committing the offense, the offender acted under | 1295 |
strong provocation. | 1296 |
(3) In committing the offense, the offender did not cause or | 1297 |
expect to cause physical harm to any person or property. | 1298 |
(4) There are substantial grounds to mitigate the offender's | 1299 |
conduct, although the grounds are not enough to constitute a | 1300 |
defense. | 1301 |
(D) The sentencing court shall consider all of the following | 1302 |
that apply regarding the offender, and any other relevant factors, | 1303 |
as factors indicating that the offender is likely to commit future | 1304 |
crimes: | 1305 |
(1) At the time of committing the offense, the offender was | 1306 |
under release from confinement before trial or sentencing, under a | 1307 |
sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18 | 1308 |
of the Revised Code, or under post-release control pursuant to | 1309 |
section 2967.28 or any other provision of the Revised Code for an | 1310 |
earlier offense or had been unfavorably terminated from | 1311 |
post-release control for a prior offense pursuant to division (B) | 1312 |
of section 2967.16 or section 2929.141 of the Revised Code. | 1313 |
(2) The offender previously was adjudicated a delinquent | 1314 |
child pursuant to Chapter 2151. of the Revised Code prior to | 1315 |
January 1, 2002, or pursuant to Chapter 2152. of the Revised Code, | 1316 |
or the offender has a history of criminal convictions. | 1317 |
(3) The offender has not been rehabilitated to a satisfactory | 1318 |
degree after previously being adjudicated a delinquent child | 1319 |
pursuant to Chapter 2151. of the Revised Code prior to January 1, | 1320 |
2002, or pursuant to Chapter 2152. of the Revised Code, or the | 1321 |
offender has not responded favorably to sanctions previously | 1322 |
imposed for criminal convictions. | 1323 |
(4) The offender has demonstrated a pattern of drug or | 1324 |
alcohol abuse that is related to the offense, and the offender | 1325 |
refuses to acknowledge that the offender has demonstrated that | 1326 |
pattern, or the offender refuses treatment for the drug or alcohol | 1327 |
abuse. | 1328 |
(5) The offender has failed in a treatment program certified | 1329 |
under section 3793.06 of the Revised Code. | 1330 |
(6) The offender shows no genuine remorse for the offense. | 1331 |
(E) The sentencing court shall consider all of the following | 1332 |
that apply regarding the offender, and any other relevant factors, | 1333 |
as factors indicating that the offender is not likely to commit | 1334 |
future crimes: | 1335 |
(1) Prior to committing the offense, the offender had not | 1336 |
been adjudicated a delinquent child. | 1337 |
(2) Prior to committing the offense, the offender had not | 1338 |
been convicted of or pleaded guilty to a criminal offense. | 1339 |
(3) Prior to committing the offense, the offender had led a | 1340 |
law-abiding life for a significant number of years. | 1341 |
(4) The offense was committed under circumstances not likely | 1342 |
to recur. | 1343 |
(5) The offender has successfully completed a treatment | 1344 |
program certified under section 3793.06 of the Revised Code. | 1345 |
(6) The offender shows genuine remorse for the offense. | 1346 |
Sec. 2929.13. (A) Except as provided in division (E), (F), | 1347 |
or (G) of this section and unless a specific sanction is required | 1348 |
to be imposed or is precluded from being imposed pursuant to law, | 1349 |
a court that imposes a sentence upon an offender for a felony may | 1350 |
impose any sanction or combination of sanctions on the offender | 1351 |
that are provided in sections 2929.14 to 2929.18 of the Revised | 1352 |
Code. The sentence shall not impose an unnecessary burden on state | 1353 |
or local government resources. | 1354 |
If the offender is eligible to be sentenced to community | 1355 |
control sanctions, the court shall consider the appropriateness of | 1356 |
imposing a financial sanction pursuant to section 2929.18 of the | 1357 |
Revised Code or a sanction of community service pursuant to | 1358 |
section 2929.17 of the Revised Code as the sole sanction for the | 1359 |
offense. Except as otherwise provided in this division, if the | 1360 |
court is required to impose a mandatory prison term for the | 1361 |
offense for which sentence is being imposed, the court also may | 1362 |
impose a financial sanction pursuant to section 2929.18 of the | 1363 |
Revised Code but may not impose any additional sanction or | 1364 |
combination of sanctions under section 2929.16 or 2929.17 of the | 1365 |
Revised Code. | 1366 |
If the offender is being sentenced for a fourth degree felony | 1367 |
OVI offense or for a third degree felony OVI offense, in addition | 1368 |
to the mandatory term of local incarceration or the mandatory | 1369 |
prison term required for the offense by division (G)(1) or (2) of | 1370 |
this section, the court shall impose upon the offender a mandatory | 1371 |
fine in accordance with division (B)(3) of section 2929.18 of the | 1372 |
Revised Code and may impose whichever of the following is | 1373 |
applicable: | 1374 |
(1) For a fourth degree felony OVI offense for which sentence | 1375 |
is imposed under division (G)(1) of this section, an additional | 1376 |
community control sanction or combination of community control | 1377 |
sanctions under section 2929.16 or 2929.17 of the Revised Code. If | 1378 |
the court imposes upon the offender a community control sanction | 1379 |
and the offender violates any condition of the community control | 1380 |
sanction, the court may take any action prescribed in division (B) | 1381 |
of section 2929.15 of the Revised Code relative to the offender, | 1382 |
including imposing a prison term on the offender pursuant to that | 1383 |
division. | 1384 |
(2) For a third or fourth degree felony OVI offense for which | 1385 |
sentence is imposed under division (G)(2) of this section, an | 1386 |
additional prison term as described in division (D)(4) of section | 1387 |
2929.14 of the Revised Code or a community control sanction as | 1388 |
described in division (G)(2) of this section. | 1389 |
(B)(1) Except as provided in division (B)(2), (E), (F), or | 1390 |
(G) of this section, in sentencing an offender for a felony of the | 1391 |
fourth or fifth degree, the sentencing court shall determine | 1392 |
whether any of the following apply: | 1393 |
(a) In committing the offense, the offender caused physical | 1394 |
harm to a person. | 1395 |
(b) In committing the offense, the offender attempted to | 1396 |
cause or made an actual threat of physical harm to a person with a | 1397 |
deadly weapon. | 1398 |
(c) In committing the offense, the offender attempted to | 1399 |
cause or made an actual threat of physical harm to a person, and | 1400 |
the offender previously was convicted of an offense that caused | 1401 |
physical harm to a person. | 1402 |
(d) The offender held a public office or position of trust | 1403 |
and the offense related to that office or position; the offender's | 1404 |
position obliged the offender to prevent the offense or to bring | 1405 |
those committing it to justice; or the offender's professional | 1406 |
reputation or position facilitated the offense or was likely to | 1407 |
influence the future conduct of others. | 1408 |
(e) The offender committed the offense for hire or as part of | 1409 |
an organized criminal activity. | 1410 |
(f) The offense is a sex offense that is a fourth or fifth | 1411 |
degree felony violation of section 2907.03, 2907.04, 2907.05, | 1412 |
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the | 1413 |
Revised Code. | 1414 |
(g) The offender at the time of the offense was serving, or | 1415 |
the offender previously had served, a prison term. | 1416 |
(h) The offender committed the offense while under a | 1417 |
community control sanction, while on probation, or while released | 1418 |
from custody on a bond or personal recognizance. | 1419 |
(i) The offender committed the offense while in possession of | 1420 |
a firearm. | 1421 |
(2)(a) If the court makes a finding described in division | 1422 |
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this | 1423 |
section and if the court, after considering the factors set forth | 1424 |
in section 2929.12 of the Revised Code, finds that a prison term | 1425 |
is consistent with the purposes and principles of sentencing set | 1426 |
forth in section 2929.11 of the Revised Code and finds that the | 1427 |
offender is not amenable to an available community control | 1428 |
sanction, the court shall impose a prison term upon the offender. | 1429 |
(b) Except as provided in division (E), (F), or (G) of this | 1430 |
section, if the court does not make a finding described in | 1431 |
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of | 1432 |
this section and if the court, after considering the factors set | 1433 |
forth in section 2929.12 of the Revised Code, finds that a | 1434 |
community control sanction or combination of community control | 1435 |
sanctions is consistent with the purposes and principles of | 1436 |
sentencing set forth in section 2929.11 of the Revised Code, the | 1437 |
court shall impose a community control sanction or combination of | 1438 |
community control sanctions upon the offender. | 1439 |
(C) Except as provided in division (D), (E), (F), or (G) of | 1440 |
this section, in determining whether to impose a prison term as a | 1441 |
sanction for a felony of the third degree or a felony drug offense | 1442 |
that is a violation of a provision of Chapter 2925. of the Revised | 1443 |
Code and that is specified as being subject to this division for | 1444 |
purposes of sentencing, the sentencing court shall comply with the | 1445 |
purposes and principles of sentencing under section 2929.11 of the | 1446 |
Revised Code and with section 2929.12 of the Revised Code. | 1447 |
(D)(1) Except as provided in division (E) or (F) of this | 1448 |
section, for a felony of the first or second degree, for a felony | 1449 |
drug offense that is a violation of any provision of Chapter | 1450 |
2925., 3719., or 4729. of the Revised Code for which a presumption | 1451 |
in favor of a prison term is specified as being applicable, and | 1452 |
for a violation of division (A)(4) of section 2907.05 of the | 1453 |
Revised Code for which a presumption in favor of a prison term is | 1454 |
specified as being applicable, it is presumed that a prison term | 1455 |
is necessary in order to comply with the purposes and principles | 1456 |
of sentencing under section 2929.11 of the Revised Code. Division | 1457 |
(D)(2) of this section does not apply to a presumption established | 1458 |
under this division for a violation of division (A)(4) of section | 1459 |
2907.05 of the Revised Code. | 1460 |
(2) Notwithstanding the presumption established under | 1461 |
division (D)(1) of this section for the offenses listed in that | 1462 |
division other than a violation of division (A)(4) of section | 1463 |
2907.05 of the Revised Code, the sentencing court may impose a | 1464 |
community control sanction or a combination of community control | 1465 |
sanctions instead of a prison term on an offender for a felony of | 1466 |
the first or second degree or for a felony drug offense that is a | 1467 |
violation of any provision of Chapter 2925., 3719., or 4729. of | 1468 |
the Revised Code for which a presumption in favor of a prison term | 1469 |
is specified as being applicable if it makes both of the following | 1470 |
findings: | 1471 |
(a) A community control sanction or a combination of | 1472 |
community control sanctions would adequately punish the offender | 1473 |
and protect the public from future crime, because the applicable | 1474 |
factors under section 2929.12 of the Revised Code indicating a | 1475 |
lesser likelihood of recidivism outweigh the applicable factors | 1476 |
under that section indicating a greater likelihood of recidivism. | 1477 |
(b) A community control sanction or a combination of | 1478 |
community control sanctions would not demean the seriousness of | 1479 |
the offense, because one or more factors under section 2929.12 of | 1480 |
the Revised Code that indicate that the offender's conduct was | 1481 |
less serious than conduct normally constituting the offense are | 1482 |
applicable, and they outweigh the applicable factors under that | 1483 |
section that indicate that the offender's conduct was more serious | 1484 |
than conduct normally constituting the offense. | 1485 |
(E)(1) Except as provided in division (F) of this section, | 1486 |
for any drug offense that is a violation of any provision of | 1487 |
Chapter 2925. of the Revised Code and that is a felony of the | 1488 |
third, fourth, or fifth degree, the applicability of a presumption | 1489 |
under division (D) of this section in favor of a prison term or of | 1490 |
division (B) or (C) of this section in determining whether to | 1491 |
impose a prison term for the offense shall be determined as | 1492 |
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 1493 |
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the | 1494 |
Revised Code, whichever is applicable regarding the violation. | 1495 |
(2) If an offender who was convicted of or pleaded guilty to | 1496 |
a felony violates the conditions of a community control sanction | 1497 |
imposed for the offense solely by reason of producing positive | 1498 |
results on a drug test, the court, as punishment for the violation | 1499 |
of the sanction, shall not order that the offender be imprisoned | 1500 |
unless the court determines on the record either of the following: | 1501 |
(a) The offender had been ordered as a sanction for the | 1502 |
felony to participate in a drug treatment program, in a drug | 1503 |
education program, or in narcotics anonymous or a similar program, | 1504 |
and the offender continued to use illegal drugs after a reasonable | 1505 |
period of participation in the program. | 1506 |
(b) The imprisonment of the offender for the violation is | 1507 |
consistent with the purposes and principles of sentencing set | 1508 |
forth in section 2929.11 of the Revised Code. | 1509 |
(3) If division (B) or (C) of this section applies, a court | 1510 |
that sentences an offender for a drug abuse offense that is a | 1511 |
felony of the third, fourth, or fifth degree may require that the | 1512 |
offender be assessed by a licensed substance abuse counselor | 1513 |
within a specified period of time. The court shall require the | 1514 |
counselor to file a written assessment of the offender with the | 1515 |
court. After considering the written assessment, the court may | 1516 |
impose a community control sanction that includes treatment | 1517 |
authorized by section 3793.02 of the Revised Code if division (B) | 1518 |
or (C) of this section applies. If the court imposes treatment as | 1519 |
a community control sanction, the court shall direct the level and | 1520 |
type of treatment after considering the assessment and | 1521 |
recommendation of treatment providers. | 1522 |
(F) Notwithstanding divisions (A) to (E) of this section, the | 1523 |
court shall impose a prison term or terms under sections 2929.02 | 1524 |
to 2929.06, section 2929.14, section 2929.142, or section 2971.03 | 1525 |
of the Revised Code and except as specifically provided in section | 1526 |
2929.20 or 2967.191 of the Revised Code or when parole is | 1527 |
authorized for the offense under section 2967.13 of the Revised | 1528 |
Code shall not reduce the term or terms pursuant to section | 1529 |
2929.20, section 2967.193, or any other provision of Chapter 2967. | 1530 |
or Chapter 5120. of the Revised Code for any of the following | 1531 |
offenses: | 1532 |
(1) Aggravated murder when death is not imposed or murder; | 1533 |
(2) Any rape, regardless of whether force was involved and | 1534 |
regardless of the age of the victim, or an attempt to commit rape | 1535 |
if, had the offender completed the rape that was attempted, the | 1536 |
offender would have been guilty of a violation of division | 1537 |
(A)(1)(b) of section 2907.02 of the Revised Code and would be | 1538 |
sentenced under section 2971.03 of the Revised Code; | 1539 |
(3) Gross sexual imposition or sexual battery, if the victim | 1540 |
is under thirteen years of age and if any of the following | 1541 |
applies: | 1542 |
(a) Regarding gross sexual imposition, the offender | 1543 |
previously was convicted of or pleaded guilty to rape, the former | 1544 |
offense of felonious sexual penetration, gross sexual imposition, | 1545 |
or sexual battery, and the victim of the previous offense was | 1546 |
under thirteen years of age; | 1547 |
(b) Regarding gross sexual imposition, the offense was | 1548 |
committed on or after August 3, 2006, and evidence other than the | 1549 |
testimony of the victim was admitted in the case corroborating the | 1550 |
violation. | 1551 |
(c) Regarding sexual battery, either of the following | 1552 |
applies: | 1553 |
(i) The offense was committed prior to August 3, 2006, the | 1554 |
offender previously was convicted of or pleaded guilty to rape, | 1555 |
the former offense of felonious sexual penetration, or sexual | 1556 |
battery, and the victim of the previous offense was under thirteen | 1557 |
years of age. | 1558 |
(ii) The offense was committed on or after August 3, 2006. | 1559 |
(4) A felony violation of section 2903.04, 2903.06, 2903.08, | 1560 |
2903.11, 2903.12, or 2903.13 of the Revised Code if the section | 1561 |
requires the imposition of a prison term; | 1562 |
(5) A first, second, or third degree felony drug offense for | 1563 |
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 1564 |
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or | 1565 |
4729.99 of the Revised Code, whichever is applicable regarding the | 1566 |
violation, requires the imposition of a mandatory prison term; | 1567 |
(6) Any offense that is a first or second degree felony and | 1568 |
that is not set forth in division (F)(1), (2), (3), or (4) of this | 1569 |
section, if the offender previously was convicted of or pleaded | 1570 |
guilty to aggravated murder, murder, any first or second degree | 1571 |
felony, or an offense under an existing or former law of this | 1572 |
state, another state, or the United States that is or was | 1573 |
substantially equivalent to one of those offenses; | 1574 |
(7) Any offense that is a third degree felony and either is | 1575 |
a violation of section 2903.04 of the Revised Code or an attempt | 1576 |
to commit a felony of the second degree that is an offense of | 1577 |
violence and involved an attempt to cause serious physical harm to | 1578 |
a person or that resulted in serious physical harm to a person if | 1579 |
the offender previously was convicted of or pleaded guilty to any | 1580 |
of the following offenses: | 1581 |
(a) Aggravated murder, murder, involuntary manslaughter, | 1582 |
rape, felonious sexual penetration as it existed under section | 1583 |
2907.12 of the Revised Code prior to September 3, 1996, a felony | 1584 |
of the first or second degree that resulted in the death of a | 1585 |
person or in physical harm to a person, or complicity in or an | 1586 |
attempt to commit any of those offenses; | 1587 |
(b) An offense under an existing or former law of this state, | 1588 |
another state, or the United States that is or was substantially | 1589 |
equivalent to an offense listed in division (F)(7)(a) of this | 1590 |
section that resulted in the death of a person or in physical harm | 1591 |
to a person. | 1592 |
(8) Any offense, other than a violation of section 2923.12 of | 1593 |
the Revised Code, that is a felony, if the offender had a firearm | 1594 |
on or about the offender's person or under the offender's control | 1595 |
while committing the felony, with respect to a portion of the | 1596 |
sentence imposed pursuant to division (D)(1)(a) of section 2929.14 | 1597 |
of the Revised Code for having the firearm; | 1598 |
(9) Any offense of violence that is a felony, if the offender | 1599 |
wore or carried body armor while committing the felony offense of | 1600 |
violence, with respect to the portion of the sentence imposed | 1601 |
pursuant to division (D)(1)(d) of section 2929.14 of the Revised | 1602 |
Code for wearing or carrying the body armor; | 1603 |
(10) Corrupt activity in violation of section 2923.32 of the | 1604 |
Revised Code when the most serious offense in the pattern of | 1605 |
corrupt activity that is the basis of the offense is a felony of | 1606 |
the first degree; | 1607 |
(11) Any violent sex offense or designated homicide, assault, | 1608 |
or kidnapping offense if, in relation to that offense, the | 1609 |
offender is adjudicated a sexually violent predator; | 1610 |
(12) A violation of division (A)(1) or (2) of section 2921.36 | 1611 |
of the Revised Code, or a violation of division (C) of that | 1612 |
section involving an item listed in division (A)(1) or (2) of that | 1613 |
section, if the offender is an officer or employee of the | 1614 |
department of rehabilitation and correction; | 1615 |
(13) A violation of division (A)(1) or (2) of section 2903.06 | 1616 |
of the Revised Code if the victim of the offense is a peace | 1617 |
officer, as defined in section 2935.01 of the Revised Code, or an | 1618 |
investigator of the bureau of criminal identification and | 1619 |
investigation, as defined in section 2903.11 of the Revised Code, | 1620 |
with respect to the portion of the sentence imposed pursuant to | 1621 |
division (D)(5) of section 2929.14 of the Revised Code; | 1622 |
(14) A violation of division (A)(1) or (2) of section 2903.06 | 1623 |
of the Revised Code if the offender has been convicted of or | 1624 |
pleaded guilty to three or more violations of division (A) or (B) | 1625 |
of section 4511.19 of the Revised Code or an equivalent offense, | 1626 |
as defined in section 2941.1415 of the Revised Code, or three or | 1627 |
more violations of any combination of those divisions and | 1628 |
offenses, with respect to the portion of the sentence imposed | 1629 |
pursuant to division (D)(6) of section 2929.14 of the Revised | 1630 |
Code. | 1631 |
(G) Notwithstanding divisions (A) to (E) of this section, if | 1632 |
an offender is being sentenced for a fourth degree felony OVI | 1633 |
offense or for a third degree felony OVI offense, the court shall | 1634 |
impose upon the offender a mandatory term of local incarceration | 1635 |
or a mandatory prison term in accordance with the following: | 1636 |
(1) If the offender is being sentenced for a fourth degree | 1637 |
felony OVI offense and if the offender has not been convicted of | 1638 |
and has not pleaded guilty to a specification of the type | 1639 |
described in section 2941.1413 of the Revised Code, the court may | 1640 |
impose upon the offender a mandatory term of local incarceration | 1641 |
of sixty days or one hundred twenty days as specified in division | 1642 |
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall | 1643 |
not reduce the term pursuant to section 2929.20, 2967.193, or any | 1644 |
other provision of the Revised Code. The court that imposes a | 1645 |
mandatory term of local incarceration under this division shall | 1646 |
specify whether the term is to be served in a jail, a | 1647 |
community-based correctional facility, a halfway house, or an | 1648 |
alternative residential facility, and the offender shall serve the | 1649 |
term in the type of facility specified by the court. A mandatory | 1650 |
term of local incarceration imposed under division (G)(1) of this | 1651 |
section is not subject to
| 1652 |
1653 | |
1654 | |
provision that pertains to a prison term except as provided in | 1655 |
division (A)(1) of this section. | 1656 |
(2) If the offender is being sentenced for a third degree | 1657 |
felony OVI offense, or if the offender is being sentenced for a | 1658 |
fourth degree felony OVI offense and the court does not impose a | 1659 |
mandatory term of local incarceration under division (G)(1) of | 1660 |
this section, the court shall impose upon the offender a mandatory | 1661 |
prison term of one, two, three, four, or five years if the | 1662 |
offender also is convicted of or also pleads guilty to a | 1663 |
specification of the type described in section 2941.1413 of the | 1664 |
Revised Code or shall impose upon the offender a mandatory prison | 1665 |
term of sixty days or one hundred twenty days as specified in | 1666 |
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code | 1667 |
if the offender has not been convicted of and has not pleaded | 1668 |
guilty to a specification of that type. The court shall not reduce | 1669 |
the term pursuant to section 2929.20, 2967.193, or any other | 1670 |
provision of the Revised Code. The offender shall serve the one-, | 1671 |
two-, three-, four-, or five-year mandatory prison term | 1672 |
consecutively to and prior to the prison term imposed for the | 1673 |
underlying offense and consecutively to any other mandatory prison | 1674 |
term imposed in relation to the offense. In no case shall an | 1675 |
offender who once has been sentenced to a mandatory term of local | 1676 |
incarceration pursuant to division (G)(1) of this section for a | 1677 |
fourth degree felony OVI offense be sentenced to another mandatory | 1678 |
term of local incarceration under that division for any violation | 1679 |
of division (A) of section 4511.19 of the Revised Code. In | 1680 |
addition to the mandatory prison term described in division (G)(2) | 1681 |
of this section, the court may sentence the offender to a | 1682 |
community control sanction under section 2929.16 or 2929.17 of the | 1683 |
Revised Code, but the offender shall serve the prison term prior | 1684 |
to serving the community control sanction. The department of | 1685 |
rehabilitation and correction may place an offender sentenced to a | 1686 |
mandatory prison term under this division in an intensive program | 1687 |
prison established pursuant to section 5120.033 of the Revised | 1688 |
Code if the department gave the sentencing judge prior notice of | 1689 |
its intent to place the offender in an intensive program prison | 1690 |
established under that section and if the judge did not notify the | 1691 |
department that the judge disapproved the placement. Upon the | 1692 |
establishment of the initial intensive program prison pursuant to | 1693 |
section 5120.033 of the Revised Code that is privately operated | 1694 |
and managed by a contractor pursuant to a contract entered into | 1695 |
under section 9.06 of the Revised Code, both of the following | 1696 |
apply: | 1697 |
(a) The department of rehabilitation and correction shall | 1698 |
make a reasonable effort to ensure that a sufficient number of | 1699 |
offenders sentenced to a mandatory prison term under this division | 1700 |
are placed in the privately operated and managed prison so that | 1701 |
the privately operated and managed prison has full occupancy. | 1702 |
(b) Unless the privately operated and managed prison has full | 1703 |
occupancy, the department of rehabilitation and correction shall | 1704 |
not place any offender sentenced to a mandatory prison term under | 1705 |
this division in any intensive program prison established pursuant | 1706 |
to section 5120.033 of the Revised Code other than the privately | 1707 |
operated and managed prison. | 1708 |
(H) If an offender is being sentenced for a sexually oriented | 1709 |
offense committed on or after January 1, 1997, the judge shall | 1710 |
require the offender to submit to a DNA specimen collection | 1711 |
procedure pursuant to section 2901.07 of the Revised Code if | 1712 |
either of the following applies: | 1713 |
(1) The offense was a violent sex offense or a designated | 1714 |
homicide, assault, or kidnapping offense and, in relation to that | 1715 |
offense, the offender was adjudicated a sexually violent predator. | 1716 |
(2) The offense was a violation of division (A)(1)(b) of | 1717 |
section 2907.02 of the Revised Code committed on or after | 1718 |
1719 |
(3) The offense was attempted rape committed on or after | 1720 |
1721 | |
also was convicted of or pleaded guilty to a specification of the | 1722 |
type described in section 2941.1418, 2941.1419, or 2941.1420 of | 1723 |
the Revised Code. | 1724 |
(4) The judge imposing sentence for the sexually oriented | 1725 |
offense determines pursuant to division (B) of section 2950.09 of | 1726 |
the Revised Code that the offender is a sexual predator. | 1727 |
(I) If an offender is being sentenced for a sexually oriented | 1728 |
offense that is not a registration-exempt sexually oriented | 1729 |
offense or for a child-victim oriented offense committed on or | 1730 |
after January 1, 1997, the judge shall include in the sentence a | 1731 |
summary of the offender's duties imposed under sections 2950.04, | 1732 |
2950.041, 2950.05, and 2950.06 of the Revised Code and the | 1733 |
duration of the duties. The judge shall inform the offender, at | 1734 |
the time of sentencing, of those duties and of their duration and, | 1735 |
if required under division (A)(2) of section 2950.03 of the | 1736 |
Revised Code, shall perform the duties specified in that section. | 1737 |
(J)(1) Except as provided in division (J)(2) of this section, | 1738 |
when considering sentencing factors under this section in relation | 1739 |
to an offender who is convicted of or pleads guilty to an attempt | 1740 |
to commit an offense in violation of section 2923.02 of the | 1741 |
Revised Code, the sentencing court shall consider the factors | 1742 |
applicable to the felony category of the violation of section | 1743 |
2923.02 of the Revised Code instead of the factors applicable to | 1744 |
the felony category of the offense attempted. | 1745 |
(2) When considering sentencing factors under this section in | 1746 |
relation to an offender who is convicted of or pleads guilty to an | 1747 |
attempt to commit a drug abuse offense for which the penalty is | 1748 |
determined by the amount or number of unit doses of the controlled | 1749 |
substance involved in the drug abuse offense, the sentencing court | 1750 |
shall consider the factors applicable to the felony category that | 1751 |
the drug abuse offense attempted would be if that drug abuse | 1752 |
offense had been committed and had involved an amount or number of | 1753 |
unit doses of the controlled substance that is within the next | 1754 |
lower range of controlled substance amounts than was involved in | 1755 |
the attempt. | 1756 |
(K) As used in this section, "drug abuse offense" has the | 1757 |
same meaning as in section 2925.01 of the Revised Code. | 1758 |
(L) At the time of sentencing an offender who is a sexual | 1759 |
predator for any sexually oriented offense, if the offender does | 1760 |
not serve a prison term or jail term, the court may require that | 1761 |
the offender be monitored by means of a global positioning device. | 1762 |
If the court requires such monitoring, the cost of monitoring | 1763 |
shall be borne by the offender. If the offender is indigent, the | 1764 |
cost of compliance shall be paid by the crime victims reparations | 1765 |
fund. | 1766 |
Sec. 2929.14. (A) Except as provided in division (C), | 1767 |
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), or (L) of | 1768 |
this section and except in relation to an offense for which a | 1769 |
sentence of death or life imprisonment is to be imposed, if the | 1770 |
court imposing a sentence upon an offender for a felony elects or | 1771 |
is required to impose a prison term on the offender pursuant to | 1772 |
this chapter, the court shall impose a definite prison term that | 1773 |
shall be one of the following: | 1774 |
(1) For a felony of the first degree, the prison term shall | 1775 |
be three, four, five, six, seven, eight, nine, or ten years. | 1776 |
(2) For a felony of the second degree, the prison term shall | 1777 |
be two, three, four, five, six, seven, or eight years. | 1778 |
(3) For a felony of the third degree, the prison term shall | 1779 |
be one, two, three, four, or five years. | 1780 |
(4) For a felony of the fourth degree, the prison term shall | 1781 |
be six, seven, eight, nine, ten, eleven, twelve, thirteen, | 1782 |
fourteen, fifteen, sixteen, seventeen, or eighteen months. | 1783 |
(5) For a felony of the fifth degree, the prison term shall | 1784 |
be six, seven, eight, nine, ten, eleven, or twelve months. | 1785 |
(B) Except as provided in division (C), (D)(1), (D)(2), | 1786 |
(D)(3), (D)(5), (D)(6), (G), or (L) of this section, in section | 1787 |
2907.02 or 2907.05 of the Revised Code, or in Chapter 2925. of the | 1788 |
Revised Code, if the court imposing a sentence upon an offender | 1789 |
for a felony elects or is required to impose a prison term on the | 1790 |
offender, the court shall impose the shortest prison term | 1791 |
authorized for the offense pursuant to division (A) of this | 1792 |
section, unless one or more of the following applies: | 1793 |
(1) The offender was serving a prison term at the time of the | 1794 |
offense, or the offender previously had served a prison term. | 1795 |
(2) The court finds on the record that the shortest prison | 1796 |
term will demean the seriousness of the offender's conduct or will | 1797 |
not adequately protect the public from future crime by the | 1798 |
offender or others. | 1799 |
(C) Except as provided in division (G) or (L) of this section | 1800 |
or in Chapter 2925. of the Revised Code, the court imposing a | 1801 |
sentence upon an offender for a felony may impose the longest | 1802 |
prison term authorized for the offense pursuant to division (A) of | 1803 |
this section only upon offenders who committed the worst forms of | 1804 |
the offense, upon offenders who pose the greatest likelihood of | 1805 |
committing future crimes, upon certain major drug offenders under | 1806 |
division (D)(3) of this section, and upon certain repeat violent | 1807 |
offenders in accordance with division (D)(2) of this section. | 1808 |
(D)(1)(a) Except as provided in division (D)(1)(e) of this | 1809 |
section, if an offender who is convicted of or pleads guilty to a | 1810 |
felony also is convicted of or pleads guilty to a specification of | 1811 |
the type described in section 2941.141, 2941.144, or 2941.145 of | 1812 |
the Revised Code, the court shall impose on the offender one of | 1813 |
the following prison terms: | 1814 |
(i) A prison term of six years if the specification is of the | 1815 |
type described in section 2941.144 of the Revised Code that | 1816 |
charges the offender with having a firearm that is an automatic | 1817 |
firearm or that was equipped with a firearm muffler or silencer on | 1818 |
or about the offender's person or under the offender's control | 1819 |
while committing the felony; | 1820 |
(ii) A prison term of three years if the specification is of | 1821 |
the type described in section 2941.145 of the Revised Code that | 1822 |
charges the offender with having a firearm on or about the | 1823 |
offender's person or under the offender's control while committing | 1824 |
the offense and displaying the firearm, brandishing the firearm, | 1825 |
indicating that the offender possessed the firearm, or using it to | 1826 |
facilitate the offense; | 1827 |
(iii) A prison term of one year if the specification is of | 1828 |
the type described in section 2941.141 of the Revised Code that | 1829 |
charges the offender with having a firearm on or about the | 1830 |
offender's person or under the offender's control while committing | 1831 |
the felony. | 1832 |
(b) If a court imposes a prison term on an offender under | 1833 |
division (D)(1)(a) of this section, the prison term shall not be | 1834 |
reduced pursuant to section 2929.20, section 2967.193, or any | 1835 |
other provision of Chapter 2967. or Chapter 5120. of the Revised | 1836 |
Code. A court shall not impose more than one prison term on an | 1837 |
offender under division (D)(1)(a) of this section for felonies | 1838 |
committed as part of the same act or transaction. | 1839 |
(c) Except as provided in division (D)(1)(e) of this section, | 1840 |
if an offender who is convicted of or pleads guilty to a violation | 1841 |
of section 2923.161 of the Revised Code or to a felony that | 1842 |
includes, as an essential element, purposely or knowingly causing | 1843 |
or attempting to cause the death of or physical harm to another, | 1844 |
also is convicted of or pleads guilty to a specification of the | 1845 |
type described in section 2941.146 of the Revised Code that | 1846 |
charges the offender with committing the offense by discharging a | 1847 |
firearm from a motor vehicle other than a manufactured home, the | 1848 |
court, after imposing a prison term on the offender for the | 1849 |
violation of section 2923.161 of the Revised Code or for the other | 1850 |
felony offense under division (A), (D)(2), or (D)(3) of this | 1851 |
section, shall impose an additional prison term of five years upon | 1852 |
the offender that shall not be reduced pursuant to section | 1853 |
2929.20, section 2967.193, or any other provision of Chapter 2967. | 1854 |
or Chapter 5120. of the Revised Code. A court shall not impose | 1855 |
more than one additional prison term on an offender under division | 1856 |
(D)(1)(c) of this section for felonies committed as part of the | 1857 |
same act or transaction. If a court imposes an additional prison | 1858 |
term on an offender under division (D)(1)(c) of this section | 1859 |
relative to an offense, the court also shall impose a prison term | 1860 |
under division (D)(1)(a) of this section relative to the same | 1861 |
offense, provided the criteria specified in that division for | 1862 |
imposing an additional prison term are satisfied relative to the | 1863 |
offender and the offense. | 1864 |
(d) If an offender who is convicted of or pleads guilty to | 1865 |
an offense of violence that is a felony also is convicted of or | 1866 |
pleads guilty to a specification of the type described in section | 1867 |
2941.1411 of the Revised Code that charges the offender with | 1868 |
wearing or carrying body armor while committing the felony offense | 1869 |
of violence, the court shall impose on the offender a prison term | 1870 |
of two years. The prison term so imposed shall not be reduced | 1871 |
pursuant to section 2929.20, section 2967.193, or any other | 1872 |
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A | 1873 |
court shall not impose more than one prison term on an offender | 1874 |
under division (D)(1)(d) of this section for felonies committed as | 1875 |
part of the same act or transaction. If a court imposes an | 1876 |
additional prison term under division (D)(1)(a) or (c) of this | 1877 |
section, the court is not precluded from imposing an additional | 1878 |
prison term under division (D)(1)(d) of this section. | 1879 |
(e) The court shall not impose any of the prison terms | 1880 |
described in division (D)(1)(a) of this section or any of the | 1881 |
additional prison terms described in division (D)(1)(c) of this | 1882 |
section upon an offender for a violation of section 2923.12 or | 1883 |
2923.123 of the Revised Code. The court shall not impose any of | 1884 |
the prison terms described in division (D)(1)(a) of this section | 1885 |
or any of the additional prison terms described in division | 1886 |
(D)(1)(c) of this section upon an offender for a violation of | 1887 |
section 2923.13 of the Revised Code unless all of the following | 1888 |
apply: | 1889 |
(i) The offender previously has been convicted of aggravated | 1890 |
murder, murder, or any felony of the first or second degree. | 1891 |
(ii) Less than five years have passed since the offender was | 1892 |
released from prison or post-release control, whichever is later, | 1893 |
for the prior offense. | 1894 |
(f) If an offender is convicted of or pleads guilty to a | 1895 |
felony that includes, as an essential element, causing or | 1896 |
attempting to cause the death of or physical harm to another and | 1897 |
also is convicted of or pleads guilty to a specification of the | 1898 |
type described in section 2941.1412 of the Revised Code that | 1899 |
charges the offender with committing the offense by discharging a | 1900 |
firearm at a peace officer as defined in section 2935.01 of the | 1901 |
Revised Code or a corrections officer, as defined in section | 1902 |
2941.1412 of the Revised Code, the court, after imposing a prison | 1903 |
term on the offender for the felony offense under division (A), | 1904 |
(D)(2), or (D)(3) of this section, shall impose an additional | 1905 |
prison term of seven years upon the offender that shall not be | 1906 |
reduced pursuant to section 2929.20, section 2967.193, or any | 1907 |
other provision of Chapter 2967. or Chapter 5120. of the Revised | 1908 |
Code. A court shall not impose more than one additional prison | 1909 |
term on an offender under division (D)(1)(f) of this section for | 1910 |
felonies committed as part of the same act or transaction. If a | 1911 |
court imposes an additional prison term on an offender under | 1912 |
division (D)(1)(f) of this section relative to an offense, the | 1913 |
court shall not impose a prison term under division (D)(1)(a) or | 1914 |
(c) of this section relative to the same offense. | 1915 |
(2)(a) If division (D)(2)(b) of this section does not apply, | 1916 |
the court may impose on an offender, in addition to the longest | 1917 |
prison term authorized or required for the offense, an additional | 1918 |
definite prison term of one, two, three, four, five, six, seven, | 1919 |
eight, nine, or ten years if all of the following criteria are | 1920 |
met: | 1921 |
(i) The offender is convicted of or pleads guilty to a | 1922 |
specification of the type described in section 2941.149 of the | 1923 |
Revised Code that the offender is a repeat violent offender. | 1924 |
(ii) The offense of which the offender currently is convicted | 1925 |
or to which the offender currently pleads guilty is aggravated | 1926 |
murder and the court does not impose a sentence of death or life | 1927 |
imprisonment without parole, murder, terrorism and the court does | 1928 |
not impose a sentence of life imprisonment without parole, any | 1929 |
felony of the first degree that is an offense of violence and the | 1930 |
court does not impose a sentence of life imprisonment without | 1931 |
parole, or any felony of the second degree that is an offense of | 1932 |
violence and the trier of fact finds that the offense involved an | 1933 |
attempt to cause or a threat to cause serious physical harm to a | 1934 |
person or resulted in serious physical harm to a person. | 1935 |
(iii) The court imposes the longest prison term for the | 1936 |
offense that is not life imprisonment without parole. | 1937 |
(iv) The court finds that the prison terms imposed pursuant | 1938 |
to division (D)(2)(a)(iii) of this section and, if applicable, | 1939 |
division (D)(1) or (3) of this section are inadequate to punish | 1940 |
the offender and protect the public from future crime, because the | 1941 |
applicable factors under section 2929.12 of the Revised Code | 1942 |
indicating a greater likelihood of recidivism outweigh the | 1943 |
applicable factors under that section indicating a lesser | 1944 |
likelihood of recidivism. | 1945 |
(v) The court finds that the prison terms imposed pursuant to | 1946 |
division (D)(2)(a)(iii) of this section and, if applicable, | 1947 |
division (D)(1) or (3) of this section are demeaning to the | 1948 |
seriousness of the offense, because one or more of the factors | 1949 |
under section 2929.12 of the Revised Code indicating that the | 1950 |
offender's conduct is more serious than conduct normally | 1951 |
constituting the offense are present, and they outweigh the | 1952 |
applicable factors under that section indicating that the | 1953 |
offender's conduct is less serious than conduct normally | 1954 |
constituting the offense. | 1955 |
(b) The court shall impose on an offender the longest prison | 1956 |
term authorized or required for the offense and shall impose on | 1957 |
the offender an additional definite prison term of one, two, | 1958 |
three, four, five, six, seven, eight, nine, or ten years if all of | 1959 |
the following criteria are met: | 1960 |
(i) The offender is convicted of or pleads guilty to a | 1961 |
specification of the type described in section 2941.149 of the | 1962 |
Revised Code that the offender is a repeat violent offender. | 1963 |
(ii) The offender within the preceding twenty years has been | 1964 |
convicted of or pleaded guilty to three or more offenses described | 1965 |
in division | 1966 |
including all offenses described in that division of which the | 1967 |
offender is convicted or to which the offender pleads guilty in | 1968 |
the current prosecution and all offenses described in that | 1969 |
division of which the offender previously has been convicted or to | 1970 |
which the offender previously pleaded guilty, whether prosecuted | 1971 |
together or separately. | 1972 |
(iii) The offense or offenses of which the offender currently | 1973 |
is convicted or to which the offender currently pleads guilty is | 1974 |
aggravated murder and the court does not impose a sentence of | 1975 |
death or life imprisonment without parole, murder, terrorism and | 1976 |
the court does not impose a sentence of life imprisonment without | 1977 |
parole, any felony of the first degree that is an offense of | 1978 |
violence and the court does not impose a sentence of life | 1979 |
imprisonment without parole, or any felony of the second degree | 1980 |
that is an offense of violence and the trier of fact finds that | 1981 |
the offense involved an attempt to cause or a threat to cause | 1982 |
serious physical harm to a person or resulted in serious physical | 1983 |
harm to a person. | 1984 |
(c) For purposes of division (D)(2)(b) of this section, two | 1985 |
or more offenses committed at the same time or as part of the same | 1986 |
act or event shall be considered one offense, and that one offense | 1987 |
shall be the offense with the greatest penalty. | 1988 |
(d) A sentence imposed under division (D)(2)(a) or (b) of | 1989 |
this section shall not be reduced pursuant to section 2929.20 or | 1990 |
section 2967.193, or any other provision of Chapter 2967. or | 1991 |
Chapter 5120. of the Revised Code. The offender shall serve an | 1992 |
additional prison term imposed under this section consecutively to | 1993 |
and prior to the prison term imposed for the underlying offense. | 1994 |
(e) When imposing a sentence pursuant to division (D)(2)(a) | 1995 |
or (b) of this section, the court shall state its findings | 1996 |
explaining the imposed sentence. | 1997 |
(3)(a) Except when an offender commits a violation of section | 1998 |
2903.01 or 2907.02 of the Revised Code and the penalty imposed for | 1999 |
the violation is life imprisonment or commits a violation of | 2000 |
section 2903.02 of the Revised Code, if the offender commits a | 2001 |
violation of section 2925.03 or 2925.11 of the Revised Code and | 2002 |
that section classifies the offender as a major drug offender and | 2003 |
requires the imposition of a ten-year prison term on the offender, | 2004 |
if the offender commits a felony violation of section 2925.02, | 2005 |
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, | 2006 |
4729.37, or 4729.61, division (C) or (D) of section 3719.172, | 2007 |
division (C) of section 4729.51, or division (J) of section | 2008 |
4729.54 of the Revised Code that includes the sale, offer to sell, | 2009 |
or possession of a schedule I or II controlled substance, with the | 2010 |
exception of marihuana, and the court imposing sentence upon the | 2011 |
offender finds that the offender is guilty of a specification of | 2012 |
the type described in section 2941.1410 of the Revised Code | 2013 |
charging that the offender is a major drug offender, if the court | 2014 |
imposing sentence upon an offender for a felony finds that the | 2015 |
offender is guilty of corrupt activity with the most serious | 2016 |
offense in the pattern of corrupt activity being a felony of the | 2017 |
first degree, or if the offender is guilty of an attempted | 2018 |
violation of section 2907.02 of the Revised Code and, had the | 2019 |
offender completed the violation of section 2907.02 of the Revised | 2020 |
Code that was attempted, the offender would have been subject to a | 2021 |
sentence of life imprisonment or life imprisonment without parole | 2022 |
for the violation of section 2907.02 of the Revised Code, the | 2023 |
court shall impose upon the offender for the felony violation a | 2024 |
ten-year prison term that cannot be reduced pursuant to section | 2025 |
2929.20 or Chapter 2967. or 5120. of the Revised Code. | 2026 |
(b) The court imposing a prison term on an offender under | 2027 |
division (D)(3)(a) of this section may impose an additional prison | 2028 |
term of one, two, three, four, five, six, seven, eight, nine, or | 2029 |
ten years, if the court, with respect to the term imposed under | 2030 |
division (D)(3)(a) of this section and, if applicable, divisions | 2031 |
(D)(1) and (2) of this section, makes both of the findings set | 2032 |
forth in divisions (D)(2)(a)(iv) and (v) of this section. | 2033 |
(4) If the offender is being sentenced for a third or fourth | 2034 |
degree felony OVI offense under division (G)(2) of section 2929.13 | 2035 |
of the Revised Code, the sentencing court shall impose upon the | 2036 |
offender a mandatory prison term in accordance with that division. | 2037 |
In addition to the mandatory prison term, if the offender is being | 2038 |
sentenced for a fourth degree felony OVI offense, the court, | 2039 |
notwithstanding division (A)(4) of this section, may sentence the | 2040 |
offender to a definite prison term of not less than six months and | 2041 |
not more than thirty months, and if the offender is being | 2042 |
sentenced for a third degree felony OVI offense, the sentencing | 2043 |
court may sentence the offender to an additional prison term of | 2044 |
any duration specified in division (A)(3) of this section. In | 2045 |
either case, the additional prison term imposed shall be reduced | 2046 |
by the sixty or one hundred twenty days imposed upon the offender | 2047 |
as the mandatory prison term. The total of the additional prison | 2048 |
term imposed under division (D)(4) of this section plus the sixty | 2049 |
or one hundred twenty days imposed as the mandatory prison term | 2050 |
shall equal a definite term in the range of six months to thirty | 2051 |
months for a fourth degree felony OVI offense and shall equal one | 2052 |
of the authorized prison terms specified in division (A)(3) of | 2053 |
this section for a third degree felony OVI offense. If the court | 2054 |
imposes an additional prison term under division (D)(4) of this | 2055 |
section, the offender shall serve the additional prison term after | 2056 |
the offender has served the mandatory prison term required for the | 2057 |
offense. In addition to the mandatory prison term or mandatory and | 2058 |
additional prison term imposed as described in division (D)(4) of | 2059 |
this section, the court also may sentence the offender to a | 2060 |
community control sanction under section 2929.16 or 2929.17 of the | 2061 |
Revised Code, but the offender shall serve all of the prison terms | 2062 |
so imposed prior to serving the community control sanction. | 2063 |
If the offender is being sentenced for a fourth degree felony | 2064 |
OVI offense under division (G)(1) of section 2929.13 of the | 2065 |
Revised Code and the court imposes a mandatory term of local | 2066 |
incarceration, the court may impose a prison term as described in | 2067 |
division (A)(1) of that section. | 2068 |
(5) If an offender is convicted of or pleads guilty to a | 2069 |
violation of division (A)(1) or (2) of section 2903.06 of the | 2070 |
Revised Code and also is convicted of or pleads guilty to a | 2071 |
specification of the type described in section 2941.1414 of the | 2072 |
Revised Code that charges that the victim of the offense is a | 2073 |
peace officer, as defined in section 2935.01 of the Revised Code, | 2074 |
or an investigator of the bureau of criminal identification and | 2075 |
investigation, as defined in section 2903.11 of the Revised Code, | 2076 |
the court shall impose on the offender a prison term of five | 2077 |
years. If a court imposes a prison term on an offender under | 2078 |
division (D)(5) of this section, the prison term shall not be | 2079 |
reduced pursuant to section 2929.20, section 2967.193, or any | 2080 |
other provision of Chapter 2967. or Chapter 5120. of the Revised | 2081 |
Code. A court shall not impose more than one prison term on an | 2082 |
offender under division (D)(5) of this section for felonies | 2083 |
committed as part of the same act. | 2084 |
(6) If an offender is convicted of or pleads guilty to a | 2085 |
violation of division (A)(1) or (2) of section 2903.06 of the | 2086 |
Revised Code and also is convicted of or pleads guilty to a | 2087 |
specification of the type described in section 2941.1415 of the | 2088 |
Revised Code that charges that the offender previously has been | 2089 |
convicted of or pleaded guilty to three or more violations of | 2090 |
division (A) or (B) of section 4511.19 of the Revised Code or an | 2091 |
equivalent offense, as defined in section 2941.1415 of the Revised | 2092 |
Code, or three or more violations of any combination of those | 2093 |
divisions and offenses, the court shall impose on the offender a | 2094 |
prison term of three years. If a court imposes a prison term on an | 2095 |
offender under division (D)(6) of this section, the prison term | 2096 |
shall not be reduced pursuant to section 2929.20, section | 2097 |
2967.193, or any other provision of Chapter 2967. or Chapter 5120. | 2098 |
of the Revised Code. A court shall not impose more than one prison | 2099 |
term on an offender under division (D)(6) of this section for | 2100 |
felonies committed as part of the same act. | 2101 |
(E)(1)(a) Subject to division (E)(1)(b) of this section, if a | 2102 |
mandatory prison term is imposed upon an offender pursuant to | 2103 |
division (D)(1)(a) of this section for having a firearm on or | 2104 |
about the offender's person or under the offender's control while | 2105 |
committing a felony, if a mandatory prison term is imposed upon an | 2106 |
offender pursuant to division (D)(1)(c) of this section for | 2107 |
committing a felony specified in that division by discharging a | 2108 |
firearm from a motor vehicle, or if both types of mandatory prison | 2109 |
terms are imposed, the offender shall serve any mandatory prison | 2110 |
term imposed under either division consecutively to any other | 2111 |
mandatory prison term imposed under either division or under | 2112 |
division (D)(1)(d) of this section, consecutively to and prior to | 2113 |
any prison term imposed for the underlying felony pursuant to | 2114 |
division (A), (D)(2), or (D)(3) of this section or any other | 2115 |
section of the Revised Code, and consecutively to any other prison | 2116 |
term or mandatory prison term previously or subsequently imposed | 2117 |
upon the offender. | 2118 |
(b) If a mandatory prison term is imposed upon an offender | 2119 |
pursuant to division (D)(1)(d) of this section for wearing or | 2120 |
carrying body armor while committing an offense of violence that | 2121 |
is a felony, the offender shall serve the mandatory term so | 2122 |
imposed consecutively to any other mandatory prison term imposed | 2123 |
under that division or under division (D)(1)(a) or (c) of this | 2124 |
section, consecutively to and prior to any prison term imposed for | 2125 |
the underlying felony under division (A), (D)(2), or (D)(3) of | 2126 |
this section or any other section of the Revised Code, and | 2127 |
consecutively to any other prison term or mandatory prison term | 2128 |
previously or subsequently imposed upon the offender. | 2129 |
(c) If a mandatory prison term is imposed upon an offender | 2130 |
pursuant to division (D)(1)(f) of this section, the offender shall | 2131 |
serve the mandatory prison term so imposed consecutively to and | 2132 |
prior to any prison term imposed for the underlying felony under | 2133 |
division (A), (D)(2), or (D)(3) of this section or any other | 2134 |
section of the Revised Code, and consecutively to any other prison | 2135 |
term or mandatory prison term previously or subsequently imposed | 2136 |
upon the offender. | 2137 |
(2) If an offender who is an inmate in a jail, prison, or | 2138 |
other residential detention facility violates section 2917.02, | 2139 |
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender | 2140 |
who is under detention at a detention facility commits a felony | 2141 |
violation of section 2923.131 of the Revised Code, or if an | 2142 |
offender who is an inmate in a jail, prison, or other residential | 2143 |
detention facility or is under detention at a detention facility | 2144 |
commits another felony while the offender is an escapee in | 2145 |
violation of section 2921.34 of the Revised Code, any prison term | 2146 |
imposed upon the offender for one of those violations shall be | 2147 |
served by the offender consecutively to the prison term or term of | 2148 |
imprisonment the offender was serving when the offender committed | 2149 |
that offense and to any other prison term previously or | 2150 |
subsequently imposed upon the offender. | 2151 |
(3) If a prison term is imposed for a violation of division | 2152 |
(B) of section 2911.01 of the Revised Code, a violation of | 2153 |
division (A) of section 2913.02 of the Revised Code in which the | 2154 |
stolen property is a firearm or dangerous ordnance, or a felony | 2155 |
violation of division (B) of section 2921.331 of the Revised Code, | 2156 |
the offender shall serve that prison term consecutively to any | 2157 |
other prison term or mandatory prison term previously or | 2158 |
subsequently imposed upon the offender. | 2159 |
(4) If multiple prison terms are imposed on an offender for | 2160 |
convictions of multiple offenses, the court may require the | 2161 |
offender to serve the prison terms consecutively if the court | 2162 |
finds that the consecutive service is necessary to protect the | 2163 |
public from future crime or to punish the offender and that | 2164 |
consecutive sentences are not disproportionate to the seriousness | 2165 |
of the offender's conduct and to the danger the offender poses to | 2166 |
the public, and if the court also finds any of the following: | 2167 |
(a) The offender committed one or more of the multiple | 2168 |
offenses while the offender was awaiting trial or sentencing, was | 2169 |
under a sanction imposed pursuant to section 2929.16, 2929.17, or | 2170 |
2929.18 of the Revised Code, or was under post-release control for | 2171 |
a prior offense. | 2172 |
(b) At least two of the multiple offenses were committed as | 2173 |
part of one or more courses of conduct, and the harm caused by two | 2174 |
or more of the multiple offenses so committed was so great or | 2175 |
unusual that no single prison term for any of the offenses | 2176 |
committed as part of any of the courses of conduct adequately | 2177 |
reflects the seriousness of the offender's conduct. | 2178 |
(c) The offender's history of criminal conduct demonstrates | 2179 |
that consecutive sentences are necessary to protect the public | 2180 |
from future crime by the offender. | 2181 |
(5) If a mandatory prison term is imposed upon an offender | 2182 |
pursuant to division (D)(5) or (6) of this section, the offender | 2183 |
shall serve the mandatory prison term consecutively to and prior | 2184 |
to any prison term imposed for the underlying violation of | 2185 |
division (A)(1) or (2) of section 2903.06 of the Revised Code | 2186 |
pursuant to division (A) of this section or section 2929.142 of | 2187 |
the Revised Code. If a mandatory prison term is imposed upon an | 2188 |
offender pursuant to division (D)(5) of this section, and if a | 2189 |
mandatory prison term also is imposed upon the offender pursuant | 2190 |
to division (D)(6) of this section in relation to the same | 2191 |
violation, the offender shall serve the mandatory prison term | 2192 |
imposed pursuant to division (D)(5) of this section consecutively | 2193 |
to and prior to the mandatory prison term imposed pursuant to | 2194 |
division (D)(6) of this section and consecutively to and prior to | 2195 |
any prison term imposed for the underlying violation of division | 2196 |
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to | 2197 |
division (A) of this section or section 2929.142 of the Revised | 2198 |
Code. | 2199 |
(6) When consecutive prison terms are imposed pursuant to | 2200 |
division (E)(1), (2), (3), (4), or (5) of this section, the term | 2201 |
to be served is the aggregate of all of the terms so imposed. | 2202 |
(F)(1) If a court imposes a prison term for a felony of the | 2203 |
first degree, for a felony of the second degree, for a felony sex | 2204 |
offense, or for a felony of the third degree that is not a felony | 2205 |
sex offense and in the commission of which the offender caused or | 2206 |
threatened to cause physical harm to a person, it shall include in | 2207 |
the sentence a requirement that the offender be subject to a | 2208 |
period of post-release control after the offender's release from | 2209 |
imprisonment, in accordance with that division. If a court imposes | 2210 |
a sentence including a prison term of a type described in this | 2211 |
division on or after July 11, 2006, the failure of a court to | 2212 |
include a post-release control requirement in the sentence | 2213 |
pursuant to this division does not negate, limit, or otherwise | 2214 |
affect the mandatory period of post-release control that is | 2215 |
required for the offender under division (B) of section 2967.28 of | 2216 |
the Revised Code. Section 2929.191 of the Revised Code applies if, | 2217 |
prior to July 11, 2006, a court imposed a sentence including a | 2218 |
prison term of a type described in this division and failed to | 2219 |
include in the sentence pursuant to this division a statement | 2220 |
regarding post-release control. | 2221 |
(2) If a court imposes a prison term for a felony of the | 2222 |
third, fourth, or fifth degree that is not subject to division | 2223 |
(F)(1) of this section, it shall include in the sentence a | 2224 |
requirement that the offender be subject to a period of | 2225 |
post-release control after the offender's release from | 2226 |
imprisonment, in accordance with that division, if the parole | 2227 |
board determines that a period of post-release control is | 2228 |
necessary. Section 2929.191 of the Revised Code applies if, prior | 2229 |
to July 11, 2006, a court imposed a sentence including a prison | 2230 |
term of a type described in this division and failed to include in | 2231 |
the sentence pursuant to this division a statement regarding | 2232 |
post-release control. | 2233 |
(G) If a person is convicted of or pleads guilty to a violent | 2234 |
sex offense or a designated homicide, assault, or kidnapping | 2235 |
offense and, in relation to that offense, the offender is | 2236 |
adjudicated a sexually violent predator, if a person is convicted | 2237 |
of or pleads guilty to a violation of division (A)(1)(b) of | 2238 |
section 2907.02 of the Revised Code committed on or after | 2239 |
2240 | |
court does not impose a sentence of life without parole when | 2241 |
authorized pursuant to division (B) of section 2907.02 of the | 2242 |
Revised Code or division (B) of section 2907.02 of the Revised | 2243 |
Code provides that the court shall not sentence the offender | 2244 |
pursuant to section 2971.03 of the Revised Code, or if a person is | 2245 |
convicted of or pleads guilty to attempted rape committed on or | 2246 |
after | 2247 |
specification of the type described in section 2941.1418, | 2248 |
2941.1419, or 2941.1420 of the Revised Code, the court shall | 2249 |
impose sentence upon the offender in accordance with section | 2250 |
2971.03 of the Revised Code, and Chapter 2971. of the Revised Code | 2251 |
applies regarding the prison term or term of life imprisonment | 2252 |
without parole imposed upon the offender and the service of that | 2253 |
term of imprisonment. | 2254 |
(H) If a person who has been convicted of or pleaded guilty | 2255 |
to a felony is sentenced to a prison term or term of imprisonment | 2256 |
under this section, sections 2929.02 to 2929.06 of the Revised | 2257 |
Code, section 2929.142 of the Revised Code, section 2971.03 of the | 2258 |
Revised Code, or any other provision of law, section 5120.163 of | 2259 |
the Revised Code applies regarding the person while the person is | 2260 |
confined in a state correctional institution. | 2261 |
(I) If an offender who is convicted of or pleads guilty to a | 2262 |
felony that is an offense of violence also is convicted of or | 2263 |
pleads guilty to a specification of the type described in section | 2264 |
2941.142 of the Revised Code that charges the offender with having | 2265 |
committed the felony while participating in a criminal gang, the | 2266 |
court shall impose upon the offender an additional prison term of | 2267 |
one, two, or three years. | 2268 |
(J) If an offender who is convicted of or pleads guilty to | 2269 |
aggravated murder, murder, or a felony of the first, second, or | 2270 |
third degree that is an offense of violence also is convicted of | 2271 |
or pleads guilty to a specification of the type described in | 2272 |
section 2941.143 of the Revised Code that charges the offender | 2273 |
with having committed the offense in a school safety zone or | 2274 |
towards a person in a school safety zone, the court shall impose | 2275 |
upon the offender an additional prison term of two years. The | 2276 |
offender shall serve the additional two years consecutively to and | 2277 |
prior to the prison term imposed for the underlying offense. | 2278 |
(K) At the time of sentencing, the court may recommend the | 2279 |
offender for placement in a program of shock incarceration under | 2280 |
section 5120.031 of the Revised Code or for placement in an | 2281 |
intensive program prison under section 5120.032 of the Revised | 2282 |
Code, disapprove placement of the offender in a program of shock | 2283 |
incarceration or an intensive program prison of that nature, or | 2284 |
make no recommendation on placement of the offender. In no case | 2285 |
shall the department of rehabilitation and correction place the | 2286 |
offender in a program or prison of that nature unless the | 2287 |
department determines as specified in section 5120.031 or 5120.032 | 2288 |
of the Revised Code, whichever is applicable, that the offender is | 2289 |
eligible for the placement. | 2290 |
If the court disapproves placement of the offender in a | 2291 |
program or prison of that nature, the department of rehabilitation | 2292 |
and correction shall not place the offender in any program of | 2293 |
shock incarceration or intensive program prison. | 2294 |
If the court recommends placement of the offender in a | 2295 |
program of shock incarceration or in an intensive program prison, | 2296 |
and if the offender is subsequently placed in the recommended | 2297 |
program or prison, the department shall notify the court of the | 2298 |
placement and shall include with the notice a brief description of | 2299 |
the placement. | 2300 |
If the court recommends placement of the offender in a | 2301 |
program of shock incarceration or in an intensive program prison | 2302 |
and the department does not subsequently place the offender in the | 2303 |
recommended program or prison, the department shall send a notice | 2304 |
to the court indicating why the offender was not placed in the | 2305 |
recommended program or prison. | 2306 |
If the court does not make a recommendation under this | 2307 |
division with respect to an offender and if the department | 2308 |
determines as specified in section 5120.031 or 5120.032 of the | 2309 |
Revised Code, whichever is applicable, that the offender is | 2310 |
eligible for placement in a program or prison of that nature, the | 2311 |
department shall screen the offender and determine if there is an | 2312 |
available program of shock incarceration or an intensive program | 2313 |
prison for which the offender is suited. If there is an available | 2314 |
program of shock incarceration or an intensive program prison for | 2315 |
which the offender is suited, the department shall notify the | 2316 |
court of the proposed placement of the offender as specified in | 2317 |
section 5120.031 or 5120.032 of the Revised Code and shall include | 2318 |
with the notice a brief description of the placement. The court | 2319 |
shall have ten days from receipt of the notice to disapprove the | 2320 |
placement. | 2321 |
(L) If a person is convicted of or pleads guilty to | 2322 |
aggravated vehicular homicide in violation of division (A)(1) of | 2323 |
section 2903.06 of the Revised Code and division (B)(2)(c) of that | 2324 |
section applies, the person shall be sentenced pursuant to section | 2325 |
2929.142 of the Revised Code. | 2326 |
Sec. 2929.141. (A) As used in this section, | 2327 |
2328 | |
meaning as | 2329 |
(B) A | 2330 |
violates
| 2331 |
sanction, or any conditions described in division (A) of section | 2332 |
2967.131 of
the Revised Code
that are
imposed upon the | 2333 |
releasee may be
prosecuted for the new
felony.
Upon the | 2334 |
releasee's conviction of or plea of guilty to the new felony, the | 2335 |
court shall impose sentence for the new felony, the court may | 2336 |
terminate the term of
post-release control | 2337 |
2338 | |
2339 | |
the sentencing court or another court of this state imposed the | 2340 |
original prison term
for
which the | 2341 |
is serving a term of post-release control: | 2342 |
(1) In addition to any prison term for the new felony, impose | 2343 |
a prison term for the violation. | 2344 |
The maximum prison term for the violation shall be the greater of | 2345 |
twelve months or the period of post-release control for the | 2346 |
earlier felony minus any time the releasee has spent under | 2347 |
post-release control for the earlier felony or, if the releasee's | 2348 |
prison term was reduced under division (B)(1)(b) of section | 2349 |
5120.032 of the Revised Code, the period of time not served in | 2350 |
prison under the sentence as imposed by the court. | 2351 |
2352 | |
any prison term that is administratively imposed by the parole | 2353 |
board or adult parole authority as a post-release control | 2354 |
sanction. | 2355 |
shall be served consecutively to any prison term imposed for the | 2356 |
new felony. | 2357 |
for the violation | 2358 |
shall not count as | 2359 |
post-release control imposed for the earlier felony. | 2360 |
(2) Impose a sanction under sections 2929.15 to 2929.18 of | 2361 |
the Revised Code for the violation that shall be served | 2362 |
concurrently or consecutively, as specified by the court, with any | 2363 |
community control sanctions for the new felony. | 2364 |
Sec. 2929.15. (A)(1) If in sentencing an offender for a | 2365 |
felony the court is not required to impose a prison term, a | 2366 |
mandatory prison term, or a term of life imprisonment upon the | 2367 |
offender, the court may directly impose a sentence that consists | 2368 |
of one or more community control sanctions authorized pursuant to | 2369 |
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the | 2370 |
court is sentencing an offender for a fourth degree felony OVI | 2371 |
offense under division (G)(1) of section 2929.13 of the Revised | 2372 |
Code, in addition to the mandatory term of local incarceration | 2373 |
imposed under that division and the mandatory fine required by | 2374 |
division (B)(3) of section 2929.18 of the Revised Code, the court | 2375 |
may impose upon the offender a community control sanction or | 2376 |
combination of community control sanctions in accordance with | 2377 |
sections 2929.16 and 2929.17 of the Revised Code. If the court is | 2378 |
sentencing an offender for a third or fourth degree felony OVI | 2379 |
offense under division (G)(2) of section 2929.13 of the Revised | 2380 |
Code, in addition to the mandatory prison term or mandatory prison | 2381 |
term and additional prison term imposed under that division, the | 2382 |
court also may impose upon the offender a community control | 2383 |
sanction or combination of community control sanctions under | 2384 |
section 2929.16 or 2929.17 of the Revised Code, but the offender | 2385 |
shall serve all of the prison terms so imposed prior to serving | 2386 |
the community control sanction. | 2387 |
The duration of all community control sanctions imposed upon | 2388 |
an offender under this division shall not exceed five years. If | 2389 |
the offender absconds or otherwise leaves the jurisdiction of the | 2390 |
court in which the offender resides without obtaining permission | 2391 |
from the court or the offender's probation officer to leave the | 2392 |
jurisdiction of the court, or if the offender is confined in any | 2393 |
institution for the commission of any offense while under a | 2394 |
community control sanction, the period of the community control | 2395 |
sanction ceases to run until the offender is brought before the | 2396 |
court for its further action. If the court sentences the offender | 2397 |
to one or more nonresidential sanctions under section 2929.17 of | 2398 |
the Revised Code, the court shall impose as a condition of the | 2399 |
nonresidential sanctions that, during the period of the sanctions, | 2400 |
the offender must abide by the law and must not leave the state | 2401 |
without the permission of the court or the offender's probation | 2402 |
officer. The court may impose any other conditions of release | 2403 |
under a community control sanction that the court considers | 2404 |
appropriate, including, but not limited to, requiring that the | 2405 |
offender not ingest or be injected with a drug of abuse and submit | 2406 |
to random drug testing as provided in division (D) of this section | 2407 |
to determine whether the offender ingested or was injected with a | 2408 |
drug of abuse and requiring that the results of the drug test | 2409 |
indicate that the offender did not ingest or was not injected with | 2410 |
a drug of abuse. | 2411 |
(2)(a) If a court sentences an offender to any community | 2412 |
control sanction or combination of community control sanctions | 2413 |
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the | 2414 |
Revised Code, the court shall place the offender under the general | 2415 |
control and supervision of a department of probation in the county | 2416 |
that serves the court for purposes of reporting to the court a | 2417 |
violation of any condition of the sanctions, any condition of | 2418 |
release under a community control sanction imposed by the court, a | 2419 |
violation of law, or the departure of the offender from this state | 2420 |
without the permission of the court or the offender's probation | 2421 |
officer. Alternatively, if the offender resides in another county | 2422 |
and a county department of probation has been established in that | 2423 |
county or that county is served by a multicounty probation | 2424 |
department established under section 2301.27 of the Revised Code, | 2425 |
the court may request the court of common pleas of that county to | 2426 |
receive the offender into the general control and supervision of | 2427 |
that county or multicounty department of probation for purposes of | 2428 |
reporting to the court a violation of any condition of the | 2429 |
sanctions, any condition of release under a community control | 2430 |
sanction imposed by the court, a violation of law, or the | 2431 |
departure of the offender from this state without the permission | 2432 |
of the court or the offender's probation officer, subject to the | 2433 |
jurisdiction of the trial judge over and with respect to the | 2434 |
person of the offender, and to the rules governing that department | 2435 |
of probation. | 2436 |
If there is no department of probation in the county that | 2437 |
serves the court, the court shall place the offender, regardless | 2438 |
of the offender's county of residence, under the general control | 2439 |
and supervision of the adult parole authority for purposes of | 2440 |
reporting to the court a violation of any of the sanctions, any | 2441 |
condition of release under a community control sanction imposed by | 2442 |
the court, a violation of law, or the departure of the offender | 2443 |
from this state without the permission of the court or the | 2444 |
offender's probation officer. | 2445 |
(b) If the court imposing sentence upon an offender sentences | 2446 |
the offender to any community control sanction or combination of | 2447 |
community control sanctions authorized pursuant to section | 2448 |
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the | 2449 |
offender violates any condition of the sanctions, any condition of | 2450 |
release under a community control sanction imposed by the court, | 2451 |
violates any law, or departs the state without the permission of | 2452 |
the court or the offender's probation officer, the public or | 2453 |
private person or entity that operates or administers the sanction | 2454 |
or the program or activity that comprises the sanction shall | 2455 |
report the violation or departure directly to the sentencing | 2456 |
court, or shall report the violation or departure to the county or | 2457 |
multicounty department of probation with general control and | 2458 |
supervision over the offender under division (A)(2)(a) of this | 2459 |
section or the officer of that department who supervises the | 2460 |
offender, or, if there is no such department with general control | 2461 |
and supervision over the offender under that division, to the | 2462 |
adult parole authority. If the public or private person or entity | 2463 |
that operates or administers the sanction or the program or | 2464 |
activity that comprises the sanction reports the violation or | 2465 |
departure to the county or multicounty department of probation or | 2466 |
the adult parole authority, the department's or authority's | 2467 |
officers may treat the offender as if the offender were on | 2468 |
probation and in violation of the probation, and shall report the | 2469 |
violation of the condition of the sanction, any condition of | 2470 |
release under a community control sanction imposed by the court, | 2471 |
the violation of law, or the departure from the state without the | 2472 |
required permission to the sentencing court. | 2473 |
(3) If an offender who is eligible for community control | 2474 |
sanctions under this section admits to being drug addicted or the | 2475 |
court has reason to believe that the offender is drug addicted, | 2476 |
and if the offense for which the offender is being sentenced was | 2477 |
related to the addiction, the court may require that the offender | 2478 |
be assessed by a licensed substance abuse counselor within a | 2479 |
specified period of time and shall require the counselor to file a | 2480 |
written assessment of the offender with the court. If a court | 2481 |
imposes treatment as a community control sanction, the court shall | 2482 |
direct the level and type of treatment after consideration of the | 2483 |
written assessment and recommendations of the counselor and other | 2484 |
treatment providers. | 2485 |
(4) If an assessment completed pursuant to division (A)(3) of | 2486 |
this section indicates that the offender is addicted to drugs or | 2487 |
alcohol, the court may include in any community control sanction | 2488 |
imposed for a violation of section 2925.02, 2925.03, 2925.04, | 2489 |
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or | 2490 |
2925.37 of the Revised Code a requirement that the offender | 2491 |
participate in a treatment program certified under section 3793.06 | 2492 |
of the Revised Code. | 2493 |
(B) If the conditions of a community control sanction are | 2494 |
violated or if the offender violates a law or leaves the state | 2495 |
without the permission of the court or the offender's probation | 2496 |
officer, the sentencing court may impose a longer time under the | 2497 |
same sanction if the total time under the sanctions does not | 2498 |
exceed the five-year limit specified in division (A) of this | 2499 |
section, may impose a more restrictive sanction under section | 2500 |
2929.16, 2929.17, or 2929.18 of the Revised Code, or may impose a | 2501 |
prison term on the offender pursuant to section 2929.14 of the | 2502 |
Revised Code. The prison term, if any, imposed upon a violator | 2503 |
pursuant to this division shall be within the range of prison | 2504 |
terms available for the offense for which the sanction that was | 2505 |
violated was imposed and shall not exceed the prison term | 2506 |
specified in the notice provided to the offender at the sentencing | 2507 |
hearing pursuant to division (B)(3) of section 2929.19 of the | 2508 |
Revised Code. The court may reduce the longer period of time that | 2509 |
the offender is required to spend under the longer sanction, the | 2510 |
more restrictive sanction, or a prison term imposed pursuant to | 2511 |
this division by the time the offender successfully spent under | 2512 |
the sanction that was initially imposed. | 2513 |
(C) If an offender, for a significant period of time, | 2514 |
fulfills the conditions of a sanction imposed pursuant to section | 2515 |
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary | 2516 |
manner, the court may reduce the period of time under the sanction | 2517 |
or impose a less restrictive sanction, but the court shall not | 2518 |
permit the offender to violate any law or permit the offender to | 2519 |
leave the state without the permission of the court or the | 2520 |
offender's probation officer. | 2521 |
(D)(1) If a court under division (A)(1) of this section | 2522 |
imposes a condition of release under a community control sanction | 2523 |
that requires the offender to submit to random drug testing, the | 2524 |
department of probation or the adult parole authority that has | 2525 |
general control and supervision of the offender under division | 2526 |
(A)(2)(a) of this section may cause the offender to submit to | 2527 |
random drug testing performed by a laboratory or entity that has | 2528 |
entered into a contract with any of the governmental entities or | 2529 |
officers authorized to enter into a contract with that laboratory | 2530 |
or entity under section 341.26, 753.33, or 5120.63 of the Revised | 2531 |
Code. | 2532 |
(2) If no laboratory or entity described in division (D)(1) | 2533 |
of this section has entered into a contract as specified in that | 2534 |
division, the department of probation or the adult parole | 2535 |
authority that has general control and supervision of the offender | 2536 |
under division (A)(2)(a) of this section shall cause the offender | 2537 |
to submit to random drug testing performed by a reputable public | 2538 |
laboratory to determine whether the individual who is the subject | 2539 |
of the drug test ingested or was injected with a drug of abuse. | 2540 |
(3) A laboratory or entity that has entered into a contract | 2541 |
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code | 2542 |
shall perform the random drug tests under division (D)(1) of this | 2543 |
section in accordance with the applicable standards that are | 2544 |
included in the terms of that contract. A public laboratory shall | 2545 |
perform the random drug tests under division (D)(2) of this | 2546 |
section in accordance with the standards set forth in the policies | 2547 |
and procedures established by the department of rehabilitation and | 2548 |
correction pursuant to section 5120.63 of the Revised Code. An | 2549 |
offender who is required under division (A)(1) of this section to | 2550 |
submit to random drug testing as a condition of release under a | 2551 |
community control sanction and whose test results indicate that | 2552 |
the offender ingested or was injected with a drug of abuse shall | 2553 |
pay the fee for the drug test if the department of probation or | 2554 |
the adult parole authority that has general control and | 2555 |
supervision of the offender requires payment of a fee. A | 2556 |
laboratory or entity that performs the random drug testing on an | 2557 |
offender under division (D)(1) or (2) of this section shall | 2558 |
transmit the results of the drug test to the appropriate | 2559 |
department of probation or the adult parole authority that has | 2560 |
general control and supervision of the offender under division | 2561 |
(A)(2)(a) of this section. | 2562 |
Sec. 2929.17. Except as provided in this section, the court | 2563 |
imposing a sentence for a felony upon an offender who is not | 2564 |
required to serve a mandatory prison term may impose any | 2565 |
nonresidential sanction or combination of nonresidential sanctions | 2566 |
authorized under this section. If the court imposes one or more | 2567 |
nonresidential sanctions authorized under this section, the court | 2568 |
shall impose as a condition of the sanction that, during the | 2569 |
period of the nonresidential sanction, the offender shall abide by | 2570 |
the law and shall not leave the state without the permission of | 2571 |
the court or the offender's probation officer. | 2572 |
The court imposing a sentence for a fourth degree felony OVI | 2573 |
offense under division (G)(1) or (2) of section 2929.13 of the | 2574 |
Revised Code or for a third degree felony OVI offense under | 2575 |
division (G)(2) of that section may impose upon the offender, in | 2576 |
addition to the mandatory term of local incarceration or mandatory | 2577 |
prison term imposed under the applicable division, a | 2578 |
nonresidential sanction or combination of nonresidential sanctions | 2579 |
under this section, and the offender shall serve or satisfy the | 2580 |
sanction or combination of sanctions after the offender has served | 2581 |
the mandatory term of local incarceration or mandatory prison term | 2582 |
required for the offense. The court shall not impose a term in a | 2583 |
drug treatment program as described in division (D) of this | 2584 |
section until after considering an assessment by a properly | 2585 |
credentialed treatment professional. Nonresidential sanctions | 2586 |
include, but are not limited to, the following: | 2587 |
(A) A term of day reporting; | 2588 |
(B) A term of house arrest with electronic monitoring or | 2589 |
continuous alcohol monitoring or both electronic monitoring and | 2590 |
continuous alcohol monitoring, a term of electronic monitoring or | 2591 |
continuous alcohol monitoring without house arrest, or a term of | 2592 |
house arrest without electronic monitoring or continuous alcohol | 2593 |
monitoring; | 2594 |
(C) A term of community service of up to five hundred hours | 2595 |
pursuant to division (B) of section 2951.02 of the Revised Code | 2596 |
or, if the court determines that the offender is financially | 2597 |
incapable of fulfilling a financial sanction described in section | 2598 |
2929.18 of the Revised Code, a term of community service as an | 2599 |
alternative to a financial sanction; | 2600 |
(D) A term in a drug treatment program with a level of | 2601 |
security for the offender as determined | 2602 |
(E) A term of intensive probation supervision; | 2603 |
(F) A term of basic probation supervision; | 2604 |
(G) A term of monitored time; | 2605 |
(H) A term of drug and alcohol use monitoring, including | 2606 |
random drug testing; | 2607 |
(I) A curfew term; | 2608 |
(J) A requirement that the offender obtain employment; | 2609 |
(K) A requirement that the offender obtain education or | 2610 |
training; | 2611 |
(L) Provided the court obtains the prior approval of the | 2612 |
victim, a requirement that the offender participate in | 2613 |
victim-offender mediation; | 2614 |
(M) A license violation report; | 2615 |
(N) If the offense is a violation of section 2919.25 or a | 2616 |
violation of section 2903.11, 2903.12, or 2903.13 of the Revised | 2617 |
Code involving a person who was a family or household member at | 2618 |
the time of the violation, if the offender committed the offense | 2619 |
in the vicinity of one or more children who are not victims of the | 2620 |
offense, and if the offender or the victim of the offense is a | 2621 |
parent, guardian, custodian, or person in loco parentis of one or | 2622 |
more of those children, a requirement that the offender obtain | 2623 |
counseling. This division does not limit the court in requiring | 2624 |
the offender to obtain counseling for any offense or in any | 2625 |
circumstance not specified in this division. | 2626 |
Sec. 2929.19. (A)(1) The court shall hold a sentencing | 2627 |
hearing before imposing a sentence under this chapter upon an | 2628 |
offender who was convicted of or pleaded guilty to a felony and | 2629 |
before resentencing an offender who was convicted of or pleaded | 2630 |
guilty to a felony and whose case was remanded pursuant to section | 2631 |
2953.07 or 2953.08 of the Revised Code. At the hearing, the | 2632 |
offender, the prosecuting attorney, the victim or the victim's | 2633 |
representative in accordance with section 2930.14 of the Revised | 2634 |
Code, and, with the approval of the court, any other person may | 2635 |
present information relevant to the imposition of sentence in the | 2636 |
case. The court shall inform the offender of the verdict of the | 2637 |
jury or finding of the court and ask the offender whether the | 2638 |
offender has anything to say as to why sentence should not be | 2639 |
imposed upon the offender. | 2640 |
(2) Except as otherwise provided in this division, before | 2641 |
imposing sentence on an offender who is being sentenced on or | 2642 |
after January 1, 1997, for a sexually oriented offense that is not | 2643 |
a registration-exempt sexually oriented offense and who is in any | 2644 |
category of offender described in division (B)(1)(a)(i), (ii), or | 2645 |
(iii) of section 2950.09 of the Revised Code, the court shall | 2646 |
conduct a hearing in accordance with division (B) of section | 2647 |
2950.09 of the Revised Code to determine whether the offender is a | 2648 |
sexual predator. The court shall not conduct a hearing under that | 2649 |
division if the offender is being sentenced for a violent sex | 2650 |
offense or a designated homicide, assault, or kidnapping offense | 2651 |
and, in relation to that offense, the offender was adjudicated a | 2652 |
sexually violent predator, if the offender is being sentenced | 2653 |
under section 2971.03 of the Revised Code for a violation of | 2654 |
division (A)(1)(b) of section 2907.02 of the Revised Code | 2655 |
committed on or after | 2656 |
2, 2007, if the offender is sentenced to a term of life without | 2657 |
parole under division (B) of section 2907.02 of the Revised Code, | 2658 |
or if the offender is being sentenced for attempted rape committed | 2659 |
on or after | 2660 |
and a specification of the type described in section 2941.1418, | 2661 |
2941.1419, or 2941.1420 of the Revised Code. Before imposing | 2662 |
sentence on an offender who is being sentenced for a sexually | 2663 |
oriented offense that is not a registration-exempt sexually | 2664 |
oriented offense, the court also shall comply with division (E) of | 2665 |
section 2950.09 of the Revised Code. | 2666 |
Before imposing sentence on or after July 31, 2003, on an | 2667 |
offender who is being sentenced for a child-victim oriented | 2668 |
offense, regardless of when the offense was committed, the court | 2669 |
shall conduct a hearing in accordance with division (B) of section | 2670 |
2950.091 of the Revised Code to determine whether the offender is | 2671 |
a child-victim predator. Before imposing sentence on an offender | 2672 |
who is being sentenced for a child-victim oriented offense, the | 2673 |
court also shall comply with division (E) of section 2950.091 of | 2674 |
the Revised Code. | 2675 |
(B)(1) At the sentencing hearing, the court, before imposing | 2676 |
sentence, shall consider the record, any information presented at | 2677 |
the hearing by any person pursuant to division (A) of this | 2678 |
section, and, if one was prepared, the presentence investigation | 2679 |
report made pursuant to section 2951.03 of the Revised Code or | 2680 |
Criminal Rule 32.2, and any victim impact statement made pursuant | 2681 |
to section 2947.051 of the Revised Code. | 2682 |
(2) The court shall impose a sentence and shall make a | 2683 |
finding that gives its reasons for selecting the sentence imposed | 2684 |
in any of the following circumstances: | 2685 |
(a) Unless the offense is a violent sex offense or designated | 2686 |
homicide, assault, or kidnapping offense for which the court is | 2687 |
required to impose sentence pursuant to division (G) of section | 2688 |
2929.14 of the Revised Code, if it imposes a prison term for a | 2689 |
felony of the fourth or fifth degree or for a felony drug offense | 2690 |
that is a violation of a provision of Chapter 2925. of the Revised | 2691 |
Code and that is specified as being subject to division (B) of | 2692 |
section 2929.13 of the Revised Code for purposes of sentencing, | 2693 |
its reasons for imposing the prison term, based upon the | 2694 |
overriding purposes and principles of felony sentencing set forth | 2695 |
in section 2929.11 of the Revised Code, and any factors listed in | 2696 |
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code | 2697 |
that it found to apply relative to the offender. | 2698 |
(b) If it does not impose a prison term for a felony of the | 2699 |
first or second degree or for a felony drug offense that is a | 2700 |
violation of a provision of Chapter 2925. of the Revised Code and | 2701 |
for which a presumption in favor of a prison term is specified as | 2702 |
being applicable, its reasons for not imposing the prison term and | 2703 |
for overriding the presumption, based upon the overriding purposes | 2704 |
and principles of felony sentencing set forth in section 2929.11 | 2705 |
of the Revised Code, and the basis of the findings it made under | 2706 |
divisions (D)(1) and (2) of section 2929.13 of the Revised Code. | 2707 |
(c) If it imposes consecutive sentences under section 2929.14 | 2708 |
of the Revised Code, its reasons for imposing the consecutive | 2709 |
sentences; | 2710 |
(d) If the sentence is for one offense and it imposes a | 2711 |
prison term for the offense that is the maximum prison term | 2712 |
allowed for that offense by division (A) of section 2929.14 of the | 2713 |
Revised Code or section 2929.142 of the Revised Code, its reasons | 2714 |
for imposing the maximum prison term; | 2715 |
(e) If the sentence is for two or more offenses arising out | 2716 |
of a single incident and it imposes a prison term for those | 2717 |
offenses that is the maximum prison term allowed for the offense | 2718 |
of the highest degree by division (A) of section 2929.14 of the | 2719 |
Revised Code or section 2929.142 of the Revised Code, its reasons | 2720 |
for imposing the maximum prison term. | 2721 |
(3) Subject to division (B)(4) of this section, if the | 2722 |
sentencing court determines at the sentencing hearing that a | 2723 |
prison term is necessary or required, the court shall do all of | 2724 |
the following: | 2725 |
(a) Impose a stated prison term; | 2726 |
(b) | 2727 |
notify the offender that | 2728 |
2729 | |
2730 | |
prison term and include the fact that the prison term is a | 2731 |
mandatory prison term in the journal entry of the sentence; | 2732 |
(c) Notify the offender that the offender will be supervised | 2733 |
under section 2967.28 of the Revised Code after the offender | 2734 |
leaves prison if the offender is being sentenced for a felony of | 2735 |
the first degree or second degree, for a felony sex offense, or | 2736 |
for a felony of the third degree that is not a felony sex offense | 2737 |
and in the commission of which the offender caused or threatened | 2738 |
to cause physical harm to a person. If a court imposes a sentence | 2739 |
including a prison term of a type described in division (B)(3)(c) | 2740 |
of this section on or after July 11, 2006, the failure of a court | 2741 |
to notify the offender pursuant to division (B)(3)(c) of this | 2742 |
section that the offender will be supervised under section 2967.28 | 2743 |
of the Revised Code after the offender leaves prison or to include | 2744 |
in the judgment of conviction entered on the journal a statement | 2745 |
to that effect does not negate, limit, or otherwise affect the | 2746 |
mandatory period of supervision that is required for the offender | 2747 |
under division (B) of section 2967.28 of the Revised Code. Section | 2748 |
2929.191 of the Revised Code applies if, prior to July 11, 2006, a | 2749 |
court imposed a sentence including a prison term of a type | 2750 |
described in division (B)(3)(c) of this section and failed to | 2751 |
notify the offender pursuant to division (B)(3)(c) of this section | 2752 |
regarding post-release control or to include in the judgment of | 2753 |
conviction entered on the journal or in the sentence a statement | 2754 |
regarding post-release control. | 2755 |
(d) Notify the offender that the offender may be supervised | 2756 |
under section 2967.28 of the Revised Code after the offender | 2757 |
leaves prison if the offender is being sentenced for a felony of | 2758 |
the third, fourth, or fifth degree that is not subject to division | 2759 |
(B)(3)(c) of this section. Section 2929.191 of the Revised Code | 2760 |
applies if, prior to July 11, 2006, a court imposed a sentence | 2761 |
including a prison term of a type described in division (B)(3)(d) | 2762 |
of this section and failed to notify the offender pursuant to | 2763 |
division (B)(3)(d) of this section regarding post-release control | 2764 |
or to include in the judgment of conviction entered on the journal | 2765 |
or in the sentence a statement regarding post-release control. | 2766 |
(e) Notify the offender that, if a period of supervision is | 2767 |
imposed following the offender's release from prison, as described | 2768 |
in division (B)(3)(c) or (d) of this section, and if the offender | 2769 |
violates that supervision or a condition of post-release control | 2770 |
imposed under division (B) of section 2967.131 of the Revised | 2771 |
Code, the parole board may impose a prison term, as part of the | 2772 |
sentence, of up to one-half of the stated prison term originally | 2773 |
imposed upon the offender. If a court imposes a sentence including | 2774 |
a prison term on or after July 11, 2006, the failure of a court to | 2775 |
notify the offender pursuant to division (B)(3)(e) of this section | 2776 |
that the parole board may impose a prison term as described in | 2777 |
division (B)(3)(e) of this section for a violation of that | 2778 |
supervision or a condition of post-release control imposed under | 2779 |
division (B) of section 2967.131 of the Revised Code or to include | 2780 |
in the judgment of conviction entered on the journal a statement | 2781 |
to that effect does not negate, limit, or otherwise affect the | 2782 |
authority of the parole board to so impose a prison term for a | 2783 |
violation of that nature if, pursuant to division (D)(1) of | 2784 |
section 2967.28 of the Revised Code, the parole board notifies the | 2785 |
offender prior to the offender's release of the board's authority | 2786 |
to so impose a prison term. Section 2929.191 of the Revised Code | 2787 |
applies if, prior to July 11, 2006, a court imposed a sentence | 2788 |
including a prison term and failed to notify the offender pursuant | 2789 |
to division (B)(3)(e) of this section regarding the possibility of | 2790 |
the parole board imposing a prison term for a violation of | 2791 |
supervision or a condition of post-release control. | 2792 |
(f) Require that the offender not ingest or be injected with | 2793 |
a drug of abuse and submit to random drug testing as provided in | 2794 |
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever | 2795 |
is applicable to the offender who is serving a prison term, and | 2796 |
require that the results of the drug test administered under any | 2797 |
of those sections indicate that the offender did not ingest or was | 2798 |
not injected with a drug of abuse. | 2799 |
(4) If the offender is being sentenced for a violent sex | 2800 |
offense or designated homicide, assault, or kidnapping offense | 2801 |
that the offender committed on or after January 1, 1997, and the | 2802 |
offender is adjudicated a sexually violent predator in relation to | 2803 |
that offense, if the offender is being sentenced for a sexually | 2804 |
oriented offense that is not a registration-exempt sexually | 2805 |
oriented offense and that the offender committed on or after | 2806 |
January 1, 1997, and the court imposing the sentence has | 2807 |
determined pursuant to division (B) of section 2950.09 of the | 2808 |
Revised Code that the offender is a sexual predator, if the | 2809 |
offender is being sentenced on or after July 31, 2003, for a | 2810 |
child-victim oriented offense and the court imposing the sentence | 2811 |
has determined pursuant to division (B) of section 2950.091 of the | 2812 |
Revised Code that the offender is a child-victim predator, if the | 2813 |
offender is being sentenced for an aggravated sexually oriented | 2814 |
offense as defined in section 2950.01 of the Revised Code, if the | 2815 |
offender is being sentenced under section 2971.03 of the Revised | 2816 |
Code for a violation of division (A)(1)(b) of section 2907.02 of | 2817 |
the Revised Code committed on or after | 2818 |
2819 | |
of life without parole under division (B) of section 2907.02 of | 2820 |
the Revised Code, or if the offender is being sentenced for | 2821 |
attempted rape committed on or after | 2822 |
2823 | |
described in section 2941.1418, 2941.1419, or 2941.1420 of the | 2824 |
Revised Code, the court shall include in the offender's sentence a | 2825 |
statement that the offender has been adjudicated a sexual | 2826 |
predator, has been adjudicated a child victim predator, or has | 2827 |
been convicted of or pleaded guilty to an aggravated sexually | 2828 |
oriented offense, whichever is applicable, and shall comply with | 2829 |
the requirements of section 2950.03 of the Revised Code. | 2830 |
Additionally, in the circumstances described in division (G) of | 2831 |
section 2929.14 of the Revised Code, the court shall impose | 2832 |
sentence on the offender as described in that division. | 2833 |
(5) If the sentencing court determines at the sentencing | 2834 |
hearing that a community control sanction should be imposed and | 2835 |
the court is not prohibited from imposing a community control | 2836 |
sanction, the court shall impose a community control sanction. The | 2837 |
court shall notify the offender that, if the conditions of the | 2838 |
sanction are violated, if the offender commits a violation of any | 2839 |
law, or if the offender leaves this state without the permission | 2840 |
of the court or the offender's probation officer, the court may | 2841 |
impose a longer time under the same sanction, may impose a more | 2842 |
restrictive sanction, or may impose a prison term on the offender | 2843 |
and shall indicate the specific prison term that may be imposed as | 2844 |
a sanction for the violation, as selected by the court from the | 2845 |
range of prison terms for the offense pursuant to section 2929.14 | 2846 |
of the Revised Code. | 2847 |
(6) Before imposing a financial sanction under section | 2848 |
2929.18 of the Revised Code or a fine under section 2929.32 of the | 2849 |
Revised Code, the court shall consider the offender's present and | 2850 |
future ability to pay the amount of the sanction or fine. | 2851 |
(7) If the sentencing court sentences the offender to a | 2852 |
sanction of confinement pursuant to section 2929.14 or 2929.16 of | 2853 |
the Revised Code that is to be served in a local detention | 2854 |
facility, as defined in section 2929.36 of the Revised Code, and | 2855 |
if the local detention facility is covered by a policy adopted | 2856 |
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, | 2857 |
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code | 2858 |
and section 2929.37 of the Revised Code, both of the following | 2859 |
apply: | 2860 |
(a) The court shall specify both of the following as part of | 2861 |
the sentence: | 2862 |
(i) If the offender is presented with an itemized bill | 2863 |
pursuant to section 2929.37 of the Revised Code for payment of the | 2864 |
costs of confinement, the offender is required to pay the bill in | 2865 |
accordance with that section. | 2866 |
(ii) If the offender does not dispute the bill described in | 2867 |
division (B)(7)(a)(i) of this section and does not pay the bill by | 2868 |
the times specified in section 2929.37 of the Revised Code, the | 2869 |
clerk of the court may issue a certificate of judgment against the | 2870 |
offender as described in that section. | 2871 |
(b) The sentence automatically includes any certificate of | 2872 |
judgment issued as described in division (B)(7)(a)(ii) of this | 2873 |
section. | 2874 |
(C)(1) If the offender is being sentenced for a fourth degree | 2875 |
felony OVI offense under division (G)(1) of section 2929.13 of the | 2876 |
Revised Code, the court shall impose the mandatory term of local | 2877 |
incarceration in accordance with that division, shall impose a | 2878 |
mandatory fine in accordance with division (B)(3) of section | 2879 |
2929.18 of the Revised Code, and, in addition, may impose | 2880 |
additional sanctions as specified in sections 2929.15, 2929.16, | 2881 |
2929.17, and 2929.18 of the Revised Code. The court shall not | 2882 |
impose a prison term on the offender except that the court may | 2883 |
impose a prison term upon the offender as provided in division | 2884 |
(A)(1) of section 2929.13 of the Revised Code. | 2885 |
(2) If the offender is being sentenced for a third or fourth | 2886 |
degree felony OVI offense under division (G)(2) of section 2929.13 | 2887 |
of the Revised Code, the court shall impose the mandatory prison | 2888 |
term in accordance with that division, shall impose a mandatory | 2889 |
fine in accordance with division (B)(3) of section 2929.18 of the | 2890 |
Revised Code, and, in addition, may impose an additional prison | 2891 |
term as specified in section 2929.14 of the Revised Code. In | 2892 |
addition to the mandatory prison term or mandatory prison term and | 2893 |
additional prison term the court imposes, the court also may | 2894 |
impose a community control sanction on the offender, but the | 2895 |
offender shall serve all of the prison terms so imposed prior to | 2896 |
serving the community control sanction. | 2897 |
(D) The sentencing court, pursuant to division (K) of section | 2898 |
2929.14 of the Revised Code, may recommend placement of the | 2899 |
offender in a program of shock incarceration under section | 2900 |
5120.031 of the Revised Code or an intensive program prison under | 2901 |
section 5120.032 of the Revised Code, disapprove placement of the | 2902 |
offender in a program or prison of that nature, or make no | 2903 |
recommendation. If the court recommends or disapproves placement, | 2904 |
it shall make a finding that gives its reasons for its | 2905 |
recommendation or disapproval. | 2906 |
Sec. 2929.20. (A) As used in this section, "eligible | 2907 |
offender" means any person serving a stated prison term | 2908 |
2909 |
(1) The stated prison term does not include a mandatory | 2910 |
prison term. | 2911 |
(2) The stated prison term includes a mandatory prison term, | 2912 |
and the person has served the mandatory prison term. | 2913 |
(B) Upon the filing of a motion by the eligible offender or | 2914 |
upon its own motion, a sentencing court may reduce the offender's | 2915 |
stated prison term through a judicial release in accordance with | 2916 |
this section. The court shall not reduce the stated prison term of | 2917 |
an offender who is not an eligible offender. An eligible offender | 2918 |
may file a motion for judicial release with the sentencing court | 2919 |
within the following applicable period of time: | 2920 |
(1)(a) Except as otherwise provided in division (B)(1)(b) or | 2921 |
(c) of this section, if the stated prison term was imposed for a | 2922 |
felony of the fourth or fifth degree, the eligible offender may | 2923 |
file the motion not earlier than
thirty
days | 2924 |
2925 | |
institution. | 2926 |
(b) If the stated prison term is five years and is an | 2927 |
aggregate of stated prison terms that are being served | 2928 |
consecutively and that were imposed for any combination of | 2929 |
felonies of the fourth degree and felonies of the fifth degree, | 2930 |
the eligible offender may file the motion after the eligible | 2931 |
offender has served four years of the stated prison term. | 2932 |
(c) If the stated prison term is more than five years | 2933 |
2934 | |
that are being served consecutively and that were imposed for any | 2935 |
combination of felonies of the fourth degree and felonies of the | 2936 |
fifth degree, the eligible offender may file the motion after the | 2937 |
eligible offender has served five years of the stated prison term. | 2938 |
(2) Except as otherwise provided in division (B)(3) or (4) of | 2939 |
this section, if the stated prison term was imposed for a felony | 2940 |
of the first, second, or third degree, the eligible offender may | 2941 |
file the motion not earlier than one hundred eighty days after the | 2942 |
offender is delivered to a state correctional institution. | 2943 |
(3) If the stated prison term is five years, the eligible | 2944 |
offender may file the motion after the eligible offender has | 2945 |
served four years of the stated prison term. | 2946 |
(4) If the stated prison term is more than five years | 2947 |
2948 | |
after the eligible offender has served five years of the stated | 2949 |
prison term. | 2950 |
(5) If the offender's stated prison term includes a mandatory | 2951 |
prison term, the offender shall file the motion within the time | 2952 |
authorized under division (B)(1), (2), (3), or (4) of this section | 2953 |
for the nonmandatory portion of the prison term, but the time for | 2954 |
filing the motion does not begin to run until after the expiration | 2955 |
of the mandatory portion of the prison term. | 2956 |
(C) Upon receipt of a timely motion for judicial release | 2957 |
filed by an eligible offender under division (B) of this section | 2958 |
or upon the sentencing court's own motion made within the | 2959 |
appropriate time period specified in that division, the court may | 2960 |
schedule a hearing on the motion. The court may deny the motion | 2961 |
without a hearing but shall not grant the motion without a | 2962 |
hearing. If a court denies a motion without a hearing, the court | 2963 |
may consider a subsequent judicial release for that eligible | 2964 |
offender on its own motion or a subsequent motion filed by that | 2965 |
eligible offender. If a court denies a motion after a hearing, the | 2966 |
court shall not consider a subsequent motion for that eligible | 2967 |
offender. The court shall hold only one hearing for any eligible | 2968 |
offender. | 2969 |
A hearing under this section shall be conducted in open court | 2970 |
within sixty days after the date on which the motion is filed, | 2971 |
provided that the court may delay the hearing for a period not to | 2972 |
exceed one hundred eighty additional days. If the court holds a | 2973 |
hearing on the motion, the court shall enter a ruling on the | 2974 |
motion within ten days after the hearing. If the court denies the | 2975 |
motion without a hearing, the court shall enter its ruling on the | 2976 |
motion within sixty days after the motion is filed. | 2977 |
(D) If a court schedules a hearing under division (C) of this | 2978 |
section, the court shall notify the eligible offender of the | 2979 |
hearing and shall notify the head of the state correctional | 2980 |
institution in which the eligible offender is confined of the | 2981 |
hearing prior to the hearing. The head of the state correctional | 2982 |
institution immediately shall notify the appropriate person at the | 2983 |
department of rehabilitation and correction of the hearing, and | 2984 |
the department within twenty-four hours after receipt of the | 2985 |
notice, shall post on the database it maintains pursuant to | 2986 |
section 5120.66 of the Revised Code the offender's name and all of | 2987 |
the information specified in division (A)(1)(c)(i) of that | 2988 |
section. If the court schedules a hearing for judicial release, | 2989 |
the court promptly shall give notice of the hearing to the | 2990 |
prosecuting attorney of the county in which the eligible offender | 2991 |
was indicted. Upon receipt of the notice from the court, the | 2992 |
prosecuting attorney shall notify the victim of the offense for | 2993 |
which the stated prison term was imposed or the victim's | 2994 |
representative, pursuant to section 2930.16 of the Revised Code, | 2995 |
of the hearing. | 2996 |
(E) Upon an eligible offender's successful completion of | 2997 |
rehabilitative activities, the head of the state correctional | 2998 |
institution may notify the sentencing court of the offender's | 2999 |
eligibility for judicial release under this section and of the | 3000 |
successful completion of the activities. | 3001 |
(F) Prior to the date of the hearing on a motion for judicial | 3002 |
release under this section, the head of the state correctional | 3003 |
institution in which the eligible offender in question is confined | 3004 |
shall send to the court a report on the eligible offender's | 3005 |
conduct in the institution and in any institution from which the | 3006 |
eligible offender may have been transferred. The report shall | 3007 |
cover the eligible offender's participation in school, vocational | 3008 |
training, work, treatment, and other rehabilitative activities and | 3009 |
any disciplinary action taken against the eligible offender. The | 3010 |
report shall be made part of the record of the hearing. | 3011 |
| 3012 |
release under this section, the eligible offender shall attend the | 3013 |
hearing if ordered to do so by the court. Upon receipt of a copy | 3014 |
of the journal entry containing the order, the head of the state | 3015 |
correctional institution in which the eligible offender is | 3016 |
incarcerated shall deliver the eligible offender to the sheriff of | 3017 |
the county in which the hearing is to be held. The sheriff shall | 3018 |
convey the eligible offender to the hearing and return the | 3019 |
offender to the institution after the hearing. | 3020 |
| 3021 |
this section, the court shall afford the eligible offender and the | 3022 |
eligible offender's attorney an opportunity to present written | 3023 |
information relevant to the motion and shall afford the eligible | 3024 |
offender, if present, and the eligible offender's attorney an | 3025 |
opportunity to present oral information relevant to the motion. | 3026 |
The court shall afford a similar opportunity to the prosecuting | 3027 |
attorney, the victim or the victim's representative, as defined in | 3028 |
section 2930.01 of the Revised Code, and any other person the | 3029 |
court determines is likely to present additional relevant | 3030 |
information. The court shall consider any statement of a victim | 3031 |
made pursuant to section 2930.14 or 2930.17 of the Revised Code, | 3032 |
any victim impact statement prepared pursuant to section 2947.051 | 3033 |
of
the Revised Code, and any report made under division | 3034 |
this section. The court may consider any written statement of any | 3035 |
person submitted to the court pursuant to division | 3036 |
section. After ruling on the motion, the court shall notify the | 3037 |
victim of the ruling in accordance with sections 2930.03 and | 3038 |
2930.16 of the Revised Code. | 3039 |
| 3040 |
this section to an eligible offender who is imprisoned for a | 3041 |
felony of the first or second degree, or to an eligible offender | 3042 |
who committed an offense contained in Chapter 2925. or 3719. of | 3043 |
the Revised Code and for whom there was a presumption under | 3044 |
section 2929.13 of the Revised Code in favor of a prison term, | 3045 |
unless the court, with reference to factors under section 2929.12 | 3046 |
of the Revised Code, finds both of the following: | 3047 |
(a) That a sanction other than a prison term would adequately | 3048 |
punish the offender and protect the public from future criminal | 3049 |
violations by the eligible offender because the applicable factors | 3050 |
indicating a lesser likelihood of recidivism outweigh the | 3051 |
applicable factors indicating a greater likelihood of recidivism; | 3052 |
(b) That a sanction other than a prison term would not demean | 3053 |
the seriousness of the offense because factors indicating that the | 3054 |
eligible offender's conduct in committing the offense was less | 3055 |
serious than conduct normally constituting the offense outweigh | 3056 |
factors indicating that the eligible offender's conduct was more | 3057 |
serious than conduct normally constituting the offense. | 3058 |
(2) A court that grants a judicial release to an eligible | 3059 |
offender under division | 3060 |
the record both findings required in that division and also shall | 3061 |
list all the factors described in that division that were | 3062 |
presented at the hearing. | 3063 |
| 3064 |
under this section, the court shall order the release of the | 3065 |
eligible offender, shall place the eligible offender under an | 3066 |
appropriate community control sanction, under appropriate | 3067 |
community control conditions, and under the supervision of the | 3068 |
department of probation serving the court, and shall reserve the | 3069 |
right to reimpose the sentence that it reduced pursuant to the | 3070 |
judicial release if the offender violates the sanction. If the | 3071 |
court reimposes the reduced sentence pursuant to this reserved | 3072 |
right, it may do so either concurrently with, or consecutive to, | 3073 |
any new sentence imposed upon the eligible offender as a result of | 3074 |
the violation that is a new offense. The period of the community | 3075 |
control sanction shall be no longer than five years. The court, in | 3076 |
its discretion, may reduce the period of the community control | 3077 |
sanction by the amount of time the eligible offender spent in jail | 3078 |
for the offense and in prison. If the court made any findings | 3079 |
pursuant to division | 3080 |
serve a copy of the findings upon counsel for the parties within | 3081 |
fifteen days after the date on which the court grants the motion | 3082 |
for judicial release. | 3083 |
| 3084 |
3085 | |
3086 | |
3087 |
If the court grants a motion for judicial release, the court | 3088 |
shall notify the appropriate person at the department of | 3089 |
rehabilitation and correction of the judicial release, and the | 3090 |
department shall post notice of the release on the database it | 3091 |
maintains pursuant to section 5120.66 of the Revised Code. | 3092 |
| 3093 |
victim to make a statement pursuant to section 2930.14, 2930.17, | 3094 |
or 2946.051 of the Revised Code and any right of a person to | 3095 |
present written information or make a statement pursuant to | 3096 |
division | 3097 |
court, at any time prior to the hearing on the offender's motion | 3098 |
for judicial release, a written statement concerning the effects | 3099 |
of the offender's crime or crimes, the circumstances surrounding | 3100 |
the crime or crimes, the manner in which the crime or crimes were | 3101 |
perpetrated, and the person's opinion as to whether the offender | 3102 |
should be released. | 3103 |
Sec. 2935.36. (A) The prosecuting attorney may establish | 3104 |
pre-trial diversion programs for adults who are accused of | 3105 |
committing criminal offenses and whom the prosecuting attorney | 3106 |
believes probably will not offend again. The prosecuting attorney | 3107 |
may require, as a condition of an accused's participation in the | 3108 |
program, the accused to pay a reasonable fee for supervision | 3109 |
services that include, but are not limited to, monitoring and drug | 3110 |
testing. The programs shall be operated pursuant to written | 3111 |
standards approved by journal entry by the presiding judge or, in | 3112 |
courts with only one judge, the judge of the court of common pleas | 3113 |
and shall not be applicable to any of the following: | 3114 |
(1) Repeat offenders or dangerous offenders; | 3115 |
(2) Persons accused of an offense of violence, of a violation | 3116 |
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31, | 3117 |
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02, | 3118 |
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a | 3119 |
violation of section 2905.01, 2905.02, or 2919.23 of the Revised | 3120 |
Code that, had it occurred prior to July 1, 1996, would have been | 3121 |
a violation of section 2905.04 of the Revised Code as it existed | 3122 |
prior to that date, with the exception that the prosecuting | 3123 |
attorney may permit persons accused of any such offense to enter a | 3124 |
pre-trial diversion program, if the prosecuting attorney finds any | 3125 |
of the following: | 3126 |
(a) The accused did not cause, threaten, or intend serious | 3127 |
physical harm to any person; | 3128 |
(b) The offense was the result of circumstances not likely to | 3129 |
recur; | 3130 |
(c) The accused has no history of prior delinquency or | 3131 |
criminal activity; | 3132 |
(d) The accused has led a law-abiding life for a substantial | 3133 |
time before commission of the alleged offense; | 3134 |
(e) Substantial grounds tending to excuse or justify the | 3135 |
alleged offense. | 3136 |
(3) Persons accused of a violation of Chapter 2925. or 3719. | 3137 |
of the Revised Code; | 3138 |
(4) | 3139 |
3140 | |
3141 | |
3142 | |
3143 |
| 3144 |
Revised Code or a violation of any substantially similar municipal | 3145 |
ordinance. | 3146 |
(B) An accused who enters a diversion program shall do all of | 3147 |
the following: | 3148 |
(1) Waive, in writing and contingent upon the accused's | 3149 |
successful completion of the program, the accused's right to a | 3150 |
speedy trial, the preliminary hearing, the time period within | 3151 |
which the grand jury may consider an indictment against the | 3152 |
accused, and arraignment, unless the hearing, indictment, or | 3153 |
arraignment has already occurred; | 3154 |
(2) Agree, in writing, to the tolling while in the program of | 3155 |
all periods of limitation established by statutes or rules of | 3156 |
court, that are applicable to the offense with which the accused | 3157 |
is charged and to the conditions of the diversion program | 3158 |
established by the prosecuting attorney; | 3159 |
(3) Agree, in writing, to pay any reasonable fee for | 3160 |
supervision services established by the prosecuting attorney. | 3161 |
(C) The trial court, upon the application of the prosecuting | 3162 |
attorney, shall order the release from confinement of any accused | 3163 |
who has agreed to enter a pre-trial diversion program and shall | 3164 |
discharge and release any existing bail and release any sureties | 3165 |
on recognizances and shall release the accused on a recognizance | 3166 |
bond conditioned upon the accused's compliance with the terms of | 3167 |
the diversion program. The prosecuting attorney shall notify every | 3168 |
victim of the crime and the arresting officers of the prosecuting | 3169 |
attorney's intent to permit the accused to enter a pre-trial | 3170 |
diversion program. The victim of the crime and the arresting | 3171 |
officers shall have the opportunity to file written objections | 3172 |
with the prosecuting attorney prior to the commencement of the | 3173 |
pre-trial diversion program. | 3174 |
(D) If the accused satisfactorily completes the diversion | 3175 |
program, the prosecuting attorney shall recommend to the trial | 3176 |
court that the charges against the accused be dismissed, and the | 3177 |
court, upon the recommendation of the prosecuting attorney, shall | 3178 |
dismiss the charges. If the accused chooses not to enter the | 3179 |
prosecuting attorney's diversion program, or if the accused | 3180 |
violates the conditions of the agreement pursuant to which the | 3181 |
accused has been released, the accused may be brought to trial | 3182 |
upon the charges in the manner provided by law, and the waiver | 3183 |
executed pursuant to division (B)(1) of this section shall be void | 3184 |
on the date the accused is removed from the program for the | 3185 |
violation. | 3186 |
(E) As used in this section: | 3187 |
(1) "Repeat offender" means a person who has a history of | 3188 |
persistent criminal activity and whose character and condition | 3189 |
reveal a substantial risk that the person will commit another | 3190 |
offense. It is prima-facie evidence that a person is a repeat | 3191 |
offender if any of the following applies: | 3192 |
(a) Having been convicted of one or more offenses of violence | 3193 |
and having been imprisoned pursuant to sentence for any such | 3194 |
offense, the person commits a subsequent offense of violence; | 3195 |
(b) Having been convicted of one or more sexually oriented | 3196 |
offenses or child-victim oriented offenses, both as defined in | 3197 |
section 2950.01 of the Revised Code, and having been imprisoned | 3198 |
pursuant to sentence for one or more of those offenses, the person | 3199 |
commits a subsequent sexually oriented offense or child-victim | 3200 |
oriented offense; | 3201 |
(c) Having been convicted of one or more theft offenses as | 3202 |
defined in section 2913.01 of the Revised Code and having been | 3203 |
imprisoned pursuant to sentence for one or more of those theft | 3204 |
offenses, the person commits a subsequent theft offense; | 3205 |
(d) Having been convicted of one or more felony drug abuse | 3206 |
offenses as defined in section 2925.01 of the Revised Code and | 3207 |
having been imprisoned pursuant to sentence for one or more of | 3208 |
those felony drug abuse offenses, the person commits a subsequent | 3209 |
felony drug abuse offense; | 3210 |
(e) Having been convicted of two or more felonies and having | 3211 |
been imprisoned pursuant to sentence for one or more felonies, the | 3212 |
person commits a subsequent offense; | 3213 |
(f) Having been convicted of three or more offenses of any | 3214 |
type or degree other than traffic offenses, alcoholic intoxication | 3215 |
offenses, or minor misdemeanors and having been imprisoned | 3216 |
pursuant to sentence for any such offense, the person commits a | 3217 |
subsequent offense. | 3218 |
(2) "Dangerous offender" means a person who has committed an | 3219 |
offense, whose history, character, and condition reveal a | 3220 |
substantial risk that the person will be a danger to others, and | 3221 |
whose conduct has been characterized by a pattern of repetitive, | 3222 |
compulsive, or aggressive behavior with heedless indifference to | 3223 |
the consequences. | 3224 |
Sec. 2943.032. Prior to accepting a guilty plea or a plea of | 3225 |
no contest to an indictment, information, or complaint that | 3226 |
charges a felony, the court shall inform the defendant personally | 3227 |
that, if the defendant pleads guilty or no contest to the felony | 3228 |
so charged or any other
felony | 3229 |
term upon the defendant for the
felony, | 3230 |
3231 |
| 3232 |
3233 | |
3234 |
| 3235 |
3236 | |
3237 | |
3238 |
| 3239 |
3240 | |
3241 |
| 3242 |
3243 | |
3244 |
| 3245 |
post-release control sanction imposed by the parole board upon the | 3246 |
completion of the stated prison term, the parole board may impose | 3247 |
upon the offender a residential sanction that includes a new | 3248 |
prison term of up to nine months. | 3249 |
Sec. 2949.12. Unless the execution of sentence is suspended | 3250 |
or the convicted felon has less than thirty days to serve in | 3251 |
prison and the department of rehabilitation and correction and the | 3252 |
county sheriff agree otherwise, a convicted felon who is sentenced | 3253 |
to serve a term of imprisonment in a state correctional | 3254 |
institution shall be conveyed, within five days after sentencing, | 3255 |
excluding Saturdays, Sundays, and legal holidays, by the sheriff | 3256 |
of the county in which the conviction was had to the facility that | 3257 |
is designated by the department of rehabilitation and correction | 3258 |
for the reception of convicted felons. The sheriff shall deliver | 3259 |
the convicted felon into the custody of the managing officer of | 3260 |
the reception facility and, at that time, unless the department | 3261 |
and the sheriff have agreed to electronically processed prisoner | 3262 |
commitment, shall present the managing officer with a copy of the | 3263 |
convicted felon's sentence that clearly describes each offense for | 3264 |
which the felon was sentenced to a correctional institution, | 3265 |
designates each section of the Revised Code that the felon | 3266 |
violated and that resulted in the felon's conviction and sentence | 3267 |
to a correctional institution, designates the sentence imposed for | 3268 |
each offense for which the felon was sentenced to a correctional | 3269 |
institution, and, pursuant to section 2967.191 of the Revised | 3270 |
Code, specifies the total number of days, if any, that the felon | 3271 |
was confined for any reason prior to conviction and sentence. The | 3272 |
sheriff, at that time, also shall present the managing officer | 3273 |
with a copy of the indictment. The clerk of the court of common | 3274 |
pleas shall furnish the copies of the sentence and indictment. In | 3275 |
the case of a person under the age of eighteen years who is | 3276 |
certified to the court of common pleas by the juvenile court, the | 3277 |
clerk of the court of common pleas also shall attach a copy of the | 3278 |
certification to the copy of the indictment. | 3279 |
The convicted felon shall be assigned to an institution or | 3280 |
designated to be housed in a county, multicounty, municipal, | 3281 |
municipal-county, or multicounty-municipal jail or workhouse, if | 3282 |
authorized pursuant to section 5120.161 of the Revised Code, shall | 3283 |
be conveyed to the institution, jail, or workhouse, and shall be | 3284 |
kept within the institution, jail, or workhouse until the term of | 3285 |
the felon's imprisonment expires, the felon is pardoned, paroled, | 3286 |
or placed under a post-release control sanction, or the felon is | 3287 |
transferred under laws permitting the transfer of prisoners. If | 3288 |
the execution of the felon's sentence is suspended, and the | 3289 |
judgment thereafter affirmed, the felon shall be conveyed, in the | 3290 |
same manner as if the execution of the felon's sentence had not | 3291 |
been suspended, to the reception facility as soon as practicable | 3292 |
after the judge directs the execution of sentence. The trial judge | 3293 |
or other judge of the court, in the judge's discretion and for | 3294 |
good cause shown, may extend the time of the conveyance. | 3295 |
Sec. 2951.021. (A)(1) If a court places a misdemeanor | 3296 |
offender under a community control sanction under section 2929.26, | 3297 |
2929.27, or 2929.28 of the Revised Code or places a felony | 3298 |
offender under a community control sanction under section 2929.16, | 3299 |
2929.17, or 2929.18 of the Revised Code and if the court places | 3300 |
the offender under the control and supervision of a probation | 3301 |
agency, the court may require the offender, as a condition of | 3302 |
community control, to pay a monthly supervision fee of not more | 3303 |
than fifty dollars for supervision services. If the court requires | 3304 |
an offender to pay a monthly supervision fee and the offender will | 3305 |
be under the control of a county department of probation, a | 3306 |
multicounty department of probation, or a municipal court | 3307 |
department of probation established under section 1901.33 of the | 3308 |
Revised Code, the court shall specify whether the offender is to | 3309 |
pay the fee to the probation agency that will have control over | 3310 |
the offender or to the clerk of the court for which the | 3311 |
supervision agency is established. If the court requires an | 3312 |
offender to pay a monthly probation fee and the offender will be | 3313 |
under the control of the adult parole authority, the court shall | 3314 |
specify that the offender is to pay the fee to the clerk of the | 3315 |
court of common pleas. | 3316 |
(2) No person shall be assessed, in any month, more than | 3317 |
fifty dollars in supervision fees. | 3318 |
(3) The prosecuting attorney of the county or the chief legal | 3319 |
officer of a municipal corporation in which is located the court | 3320 |
that imposed sentence upon an offender may bring a civil action to | 3321 |
recover unpaid monthly supervision fees that the offender was | 3322 |
required to pay. Any amount recovered in the civil action shall be | 3323 |
paid into the appropriate county or municipal probation services | 3324 |
fund in accordance with division (B) of this section. | 3325 |
(4) The failure of an offender to comply with a condition of | 3326 |
community control that requires the offender to pay a monthly | 3327 |
supervision fee and that is imposed under division (A)(1) of this | 3328 |
section shall not constitute the basis for the modification of the | 3329 |
offender's community control sanctions pursuant to section 2929.15 | 3330 |
or 2929.25 of the Revised Code but may be considered with any | 3331 |
other factors that form the basis of a modification of a sanction | 3332 |
for violating a community control sanction under those sections. | 3333 |
If the court determines that a misdemeanor offender on community | 3334 |
control failed to pay a monthly supervision fee imposed under | 3335 |
division (A)(1) of this section and that no other factors | 3336 |
warranting the modification of the offender's community control | 3337 |
sanction are present, the court shall remand the offender to the | 3338 |
custody of the probation agency and may impose any additional | 3339 |
conditions of community control upon the offender, including a | 3340 |
requirement that the offender perform community service, as the | 3341 |
ends of justice require. Any requirement imposed pursuant to | 3342 |
division (A)(4) of this section that the offender perform | 3343 |
community service shall be in addition to and shall not limit or | 3344 |
otherwise affect any order that the offender perform community | 3345 |
service pursuant to division (B) of section 2951.02 of the Revised | 3346 |
Code. | 3347 |
(B) Prior to the last day of the month in each month during | 3348 |
the period of community control, an offender who is ordered to pay | 3349 |
a monthly supervision fee under this section shall pay the fee to | 3350 |
the probation agency that has control and supervision over the | 3351 |
offender or to the clerk of the court for which the probation | 3352 |
agency is established, as specified by the court, except that, if | 3353 |
the probation agency is the adult parole authority, the offender | 3354 |
shall pay the fee to the clerk of the court of common pleas. Each | 3355 |
probation agency or clerk of a court that receives any monthly | 3356 |
supervision fees shall keep a record of the monthly supervision | 3357 |
fees that are paid to the agency or the clerk and shall give a | 3358 |
written receipt to each person who pays a supervision fee to the | 3359 |
agency or clerk. | 3360 |
(C) Subject to division (E) of this section, all monthly | 3361 |
supervision fees collected under this section by a probation | 3362 |
agency or the clerk of a court shall be disposed of in the | 3363 |
following manner: | 3364 |
(1) For offenders who are under the control and supervision | 3365 |
of a county department of probation or a municipal court | 3366 |
department of probation in a county-operated municipal court, on | 3367 |
or before the fifth business day of each month, the chief | 3368 |
probation officer, the chief probation officer's designee, or the | 3369 |
clerk of the court shall pay all monthly supervision fees | 3370 |
collected in the previous month to the county treasurer of the | 3371 |
county in which the county department of probation or municipal | 3372 |
court department of probation is established for deposit into the | 3373 |
county probation services fund established in the county treasury | 3374 |
of that county pursuant to division (A)(1) of section 321.44 of | 3375 |
the Revised Code. | 3376 |
(2) For offenders who are under the control and supervision | 3377 |
of a multicounty department of probation, on or before the fifth | 3378 |
business day of each month, the chief probation officer, the chief | 3379 |
probation officer's designee, or the clerk of the court shall pay | 3380 |
all monthly supervision fees collected in the previous month to | 3381 |
the county treasurer of the county in which is located the court | 3382 |
of common pleas that placed the offender under a community control | 3383 |
sanction under the control of the department for deposit into the | 3384 |
county probation services fund established in the county treasury | 3385 |
of that county pursuant to division (A)(1) of section 321.44 of | 3386 |
the Revised Code and for subsequent appropriation and transfer in | 3387 |
accordance with division (A)(2) of that section to the appropriate | 3388 |
multicounty probation services fund established pursuant to | 3389 |
division (B) of that section. | 3390 |
(3) For offenders who are under the control and supervision | 3391 |
of a municipal court department of probation in a municipal court | 3392 |
that is not a county-operated municipal court, on or before the | 3393 |
fifth business day of each month, the chief probation officer, the | 3394 |
chief probation officer's designee, or the clerk of the court | 3395 |
shall pay all monthly supervision fees collected in the previous | 3396 |
month to the treasurer of the municipal corporation for deposit | 3397 |
into the municipal probation services fund established pursuant to | 3398 |
section 737.41 of the Revised Code. | 3399 |
(4) For offenders who are under the control and supervision | 3400 |
of the adult parole authority, the clerk of the court of common | 3401 |
pleas, on or before the fifth business day of January, April, | 3402 |
July, and October, shall pay all monthly supervision fees | 3403 |
collected by the clerk in the previous three months to the | 3404 |
treasurer of the county in which is located the court of common | 3405 |
pleas that placed the offender under a community control sanction | 3406 |
under the control of the authority for deposit into the county | 3407 |
probation services fund established in the county treasury of that | 3408 |
county pursuant to division (A)(1) of section 321.44 of the | 3409 |
Revised Code | 3410 |
3411 | |
3412 | |
3413 |
(D) Not later than the first day of December of each year, | 3414 |
each probation agency or the court of common pleas of a county in | 3415 |
which the court has entered into an agreement with the adult | 3416 |
parole authority pursuant to section 2301.32 of the Revised Code | 3417 |
shall prepare a report regarding its use of money from a county | 3418 |
probation services fund, a multicounty probation services fund, or | 3419 |
a municipal probation services fund, | 3420 |
3421 | |
specify the amount appropriated from the fund to the probation | 3422 |
agency or court during the current calendar year, an estimate of | 3423 |
the amount that the probation agency or court will expend by the | 3424 |
end of the year, a summary of how the amount appropriated has been | 3425 |
expended for probation services, and an estimate of the amount of | 3426 |
supervision fees that the probation agency or court will collect | 3427 |
and pay to the appropriate treasurer for deposit in the | 3428 |
appropriate fund in the next calendar year. The report shall be | 3429 |
filed with one of the following: | 3430 |
(1) If the probation agency is a county department of | 3431 |
probation or a municipal court department of probation in a | 3432 |
county-operated municipal court, with the board of county | 3433 |
commissioners of that county; | 3434 |
(2) If the probation agency is a multicounty department of | 3435 |
probation, with the board of county commissioners of the county | 3436 |
whose treasurer, in accordance with section 2301.27 of the Revised | 3437 |
Code, is designated as the treasurer to whom supervision fees | 3438 |
collected under this section are to be appropriated and | 3439 |
transferred under division (A)(2) of section 321.44 of the Revised | 3440 |
Code; | 3441 |
(3) If the probation agency is a department of probation of a | 3442 |
municipal court that is not a county-operated municipal court, | 3443 |
with the legislative authority of the municipal corporation that | 3444 |
operates the court; | 3445 |
(4) If the | 3446 |
entered into an agreement with the adult parole authority, with | 3447 |
the
| 3448 |
3449 | |
3450 | |
rehabilitation and correction, the chief of the adult parole | 3451 |
authority, and the board of county commissioners in each county | 3452 |
for which the adult parole authority provides probation services. | 3453 |
(E) If the clerk of a court of common pleas or the clerk of a | 3454 |
municipal court collects any monthly supervision fees under this | 3455 |
section, the clerk may retain up to two per cent of the fees so | 3456 |
collected to cover any administrative costs experienced in | 3457 |
complying with the clerk's duties under this section. | 3458 |
Sec. 2951.041. (A)(1) If an offender is charged with a | 3459 |
criminal offense, including but not limited to, a violation of | 3460 |
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of | 3461 |
the Revised Code, and the court has reason to believe that drug or | 3462 |
alcohol usage by the offender was a factor leading to the | 3463 |
offender's criminal behavior, the court may accept, prior to the | 3464 |
entry of a guilty plea, the offender's request for intervention in | 3465 |
lieu of conviction. The request shall include a waiver of the | 3466 |
defendant's right to a speedy trial, the preliminary hearing, the | 3467 |
time period within which the grand jury may consider an indictment | 3468 |
against the offender, and arraignment, unless the hearing, | 3469 |
indictment, or arraignment has already occurred. The court may | 3470 |
reject an offender's request without a hearing. If the court | 3471 |
elects to consider an offender's request, the court shall conduct | 3472 |
a hearing to determine whether the offender is eligible under this | 3473 |
section for intervention in lieu of conviction and shall stay all | 3474 |
criminal proceedings pending the outcome of the hearing. If the | 3475 |
court schedules a hearing, the court shall order an assessment of | 3476 |
the offender for the purpose of determining the offender's | 3477 |
eligibility for intervention in lieu of conviction and | 3478 |
recommending an appropriate intervention plan. | 3479 |
(2) The victim notification provisions of division (C) of | 3480 |
section 2930.08 of the Revised Code apply in relation to any | 3481 |
hearing held under division (A)(1) of this section. | 3482 |
(B) An offender is eligible for intervention in lieu of | 3483 |
conviction if the court finds all of the following: | 3484 |
(1) The offender previously has not been convicted of or | 3485 |
pleaded guilty to a felony offense of violence, previously has not | 3486 |
been through intervention in lieu of conviction under this section | 3487 |
or any similar regimen, and is charged with a felony for which the | 3488 |
court, upon conviction, would impose sentence under division | 3489 |
(B)(2)(b) of section 2929.13 of the Revised Code or with a | 3490 |
misdemeanor. | 3491 |
(2) The offense is not a felony of the first, second, or | 3492 |
third degree, is not an offense of violence, is not a violation of | 3493 |
division (A)(1) or (2) of section 2903.06 of the Revised Code, is | 3494 |
not a violation of division (A)(1) of section 2903.08 of the | 3495 |
Revised Code, is not a violation of division (A) of section | 3496 |
4511.19 of the Revised Code or a municipal ordinance that is | 3497 |
substantially similar to that division, and is not an offense for | 3498 |
which a sentencing court is required to impose a mandatory prison | 3499 |
term, a mandatory term of local incarceration, or a mandatory term | 3500 |
of imprisonment in a jail. | 3501 |
(3) The offender is not charged with a violation of section | 3502 |
2925.02, | 3503 |
charged with a violation of section 2925.03 of the Revised Code | 3504 |
that is a felony of the first, second, third, or fourth degree, | 3505 |
and is not charged with a violation of section 2925.11 of the | 3506 |
Revised Code that is a felony of the first, second, or third | 3507 |
degree. | 3508 |
(4) | 3509 |
3510 | |
3511 | |
3512 | |
3513 | |
3514 |
| 3515 |
licensed provider, certified facility, or licensed and | 3516 |
credentialed professional, including, but not limited to, a | 3517 |
program licensed by the department of alcohol and drug addiction | 3518 |
services pursuant to section 3793.11 of the Revised Code, a | 3519 |
program certified by that department pursuant to section 3793.06 | 3520 |
of the Revised Code, a public or private hospital, the United | 3521 |
States department of veterans affairs, another appropriate agency | 3522 |
of the government of the United States, or a licensed physician, | 3523 |
psychiatrist, psychologist, independent social worker, | 3524 |
professional counselor, or chemical dependency counselor for the | 3525 |
purpose of determining the offender's eligibility for intervention | 3526 |
in lieu of conviction and recommending an appropriate intervention | 3527 |
plan. | 3528 |
| 3529 |
leading to the criminal offense with which the offender is | 3530 |
charged, intervention in lieu of conviction would not demean the | 3531 |
seriousness of the offense, and intervention would substantially | 3532 |
reduce the likelihood of any future criminal activity. | 3533 |
| 3534 |
years of age or older, permanently and totally disabled, under | 3535 |
thirteen years of age, or a peace officer engaged in the officer's | 3536 |
official duties at the time of the alleged offense. | 3537 |
| 3538 |
2925.24 of the Revised Code, the alleged violation did not result | 3539 |
in physical harm to any person, and the offender previously has | 3540 |
not been treated for drug abuse. | 3541 |
| 3542 |
conditions imposed by the court pursuant to division (D) of this | 3543 |
section. | 3544 |
(C) At the conclusion of a hearing held pursuant to division | 3545 |
(A) of this section, the court shall enter its determination as to | 3546 |
whether the offender is eligible for intervention in lieu of | 3547 |
conviction and as to whether to grant the offender's request. If | 3548 |
the court finds under division (B) of this section that the | 3549 |
offender is eligible for intervention in lieu of conviction and | 3550 |
grants the offender's request, the court shall accept the | 3551 |
offender's plea of guilty and waiver of the defendant's right to a | 3552 |
speedy trial, the preliminary hearing, the time period within | 3553 |
which the grand jury may consider an indictment against the | 3554 |
offender, and arraignment, unless the hearing, indictment, or | 3555 |
arraignment has already occurred. In addition, the court then may | 3556 |
stay all criminal proceedings and order the offender to comply | 3557 |
with all terms and conditions imposed by the court pursuant to | 3558 |
division (D) of this section. If the court finds that the offender | 3559 |
is not eligible or does not grant the offender's request, the | 3560 |
criminal proceedings against the offender shall proceed as if the | 3561 |
offender's request for intervention in lieu of conviction had not | 3562 |
been made. | 3563 |
(D) If the court grants an offender's request for | 3564 |
intervention in lieu of conviction, the court shall place the | 3565 |
offender under the general control and supervision of the county | 3566 |
probation department, the adult parole authority, or another | 3567 |
appropriate local probation or court services agency, if one | 3568 |
exists, as if the offender was subject to a community control | 3569 |
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the | 3570 |
Revised Code. The court shall establish an intervention plan for | 3571 |
the offender. The terms and conditions of the intervention plan | 3572 |
shall require the offender, for at least one year from the date on | 3573 |
which the court grants the order of intervention in lieu of | 3574 |
conviction, to abstain from the use of illegal drugs and alcohol, | 3575 |
to participate in drug or alcohol treatment, and to submit to | 3576 |
regular random testing for drug and alcohol use and may include | 3577 |
any other treatment terms and conditions, or terms and conditions | 3578 |
similar to community control sanctions, which may include | 3579 |
community service or restitution, that are ordered by the court. | 3580 |
(E) If the court grants an offender's request for | 3581 |
intervention in lieu of conviction and the court finds that the | 3582 |
offender has successfully completed the intervention plan for the | 3583 |
offender, including the requirement that the offender abstain from | 3584 |
using drugs and alcohol for a period of at least one year from the | 3585 |
date on which the court granted the order of intervention in lieu | 3586 |
of conviction and all other terms and conditions ordered by the | 3587 |
court, the court shall dismiss the proceedings against the | 3588 |
offender. Successful completion of the intervention plan and | 3589 |
period of abstinence under this section shall be without | 3590 |
adjudication of guilt and is not a criminal conviction for | 3591 |
purposes of any disqualification or disability imposed by law and | 3592 |
upon conviction of a crime, and the court may order the sealing of | 3593 |
records related to the offense in question in the manner provided | 3594 |
in sections 2953.31 to 2953.36 of the Revised Code. | 3595 |
(F) If the court grants an offender's request for | 3596 |
intervention in lieu of conviction and the offender fails to | 3597 |
comply with any term or condition imposed as part of the | 3598 |
intervention plan for the offender, the supervising authority for | 3599 |
the offender promptly shall advise the court of this failure, and | 3600 |
the court shall hold a hearing to determine whether the offender | 3601 |
failed to comply with any term or condition imposed as part of the | 3602 |
plan. If the court determines that the offender has failed to | 3603 |
comply with any of those terms and conditions, it shall enter a | 3604 |
finding of guilty and shall impose an appropriate sanction under | 3605 |
Chapter 2929. of the Revised Code. If the court sentences the | 3606 |
offender to a prison term, the court, after consulting with the | 3607 |
department of rehabilitation and correction regarding the | 3608 |
availability of services, may order continued court-supervised | 3609 |
activity and treatment of the offender during the prison term and, | 3610 |
upon consideration of reports received from the department | 3611 |
concerning the offender's progress in the program of activity and | 3612 |
treatment, may consider judicial release under section 2929.20 of | 3613 |
the Revised Code. | 3614 |
(G) As used in this section: | 3615 |
(1) "Community control sanction" has the same meaning as in | 3616 |
section 2929.01 of the Revised Code. | 3617 |
(2) "Intervention in lieu of conviction" means any | 3618 |
court-supervised activity that complies with this section. | 3619 |
(3) "Peace officer" has the same meaning as in section | 3620 |
2935.01 of the Revised Code. | 3621 |
Sec. 2953.08. (A) In addition to any other right to appeal | 3622 |
and except as provided in division (D) of this section, a | 3623 |
defendant who is convicted of or pleads guilty to a felony may | 3624 |
appeal as a matter of right the sentence imposed upon the | 3625 |
defendant on one of the following grounds: | 3626 |
(1) The sentence consisted of or included the maximum prison | 3627 |
term allowed for the offense by division (A) of section 2929.14 of | 3628 |
the Revised Code, the sentence was not imposed pursuant to | 3629 |
division (D)(3)(b) of section 2929.14 of the Revised Code, the | 3630 |
maximum prison term was not required for the offense pursuant to | 3631 |
Chapter 2925. or any other provision of the Revised Code, and the | 3632 |
court imposed the sentence under one of the following | 3633 |
circumstances: | 3634 |
(a) The sentence was imposed for only one offense. | 3635 |
(b) The sentence was imposed for two or more offenses arising | 3636 |
out of a single incident, and the court imposed the maximum prison | 3637 |
term for the offense of the highest degree. | 3638 |
(2) The sentence consisted of or included a prison term, the | 3639 |
offense for which it was imposed is a felony of the fourth or | 3640 |
fifth degree or is a felony drug offense that is a violation of a | 3641 |
provision of Chapter 2925. of the Revised Code and that is | 3642 |
specified as being subject to division (B) of section 2929.13 of | 3643 |
the Revised Code for purposes of sentencing, and the court did not | 3644 |
specify at sentencing that it found one or more factors specified | 3645 |
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised | 3646 |
Code to apply relative to the defendant. If the court specifies | 3647 |
that it found one or more of those factors to apply relative to | 3648 |
the defendant, the defendant is not entitled under this division | 3649 |
to appeal as a matter of right the sentence imposed upon the | 3650 |
offender. | 3651 |
(3) The person was convicted of or pleaded guilty to a | 3652 |
violent sex offense or a designated homicide, assault, or | 3653 |
kidnapping offense, was adjudicated a sexually violent predator in | 3654 |
relation to that offense, and was sentenced pursuant to division | 3655 |
(A)(3) of section 2971.03 of the Revised Code, if the minimum term | 3656 |
of the indefinite term imposed pursuant to division (A)(3) of | 3657 |
section 2971.03 of the Revised Code is the longest term available | 3658 |
for the offense from among the range of terms listed in section | 3659 |
2929.14 of the Revised Code. As used in this division, "designated | 3660 |
homicide, assault, or kidnapping offense" and "violent sex | 3661 |
offense" have the same meanings as in section 2971.01 of the | 3662 |
Revised Code. As used in this division, "adjudicated a sexually | 3663 |
violent predator" has the same meaning as in section 2929.01 of | 3664 |
the Revised Code, and a person is "adjudicated a sexually violent | 3665 |
predator" in the same manner and the same circumstances as are | 3666 |
described in that section. | 3667 |
(4) The sentence is contrary to law. | 3668 |
(5) The sentence consisted of an additional prison term of | 3669 |
ten years imposed pursuant to division (D)(2)(a) of section | 3670 |
2929.14 of the Revised Code. | 3671 |
(6) The sentence consisted of an additional prison term of | 3672 |
ten years imposed pursuant to division (D)(3)(b) of section | 3673 |
2929.14 of the Revised Code. | 3674 |
(B) In addition to any other right to appeal and except as | 3675 |
provided in division (D) of this section, a prosecuting attorney, | 3676 |
a city director of law, village solicitor, or similar chief legal | 3677 |
officer of a municipal corporation, or the attorney general, if | 3678 |
one of those persons prosecuted the case, may appeal as a matter | 3679 |
of right a sentence imposed upon a defendant who is convicted of | 3680 |
or pleads guilty to a felony or, in the circumstances described in | 3681 |
division (B)(3) of this section the modification of a sentence | 3682 |
imposed upon such a defendant, on any of the following grounds: | 3683 |
(1) The sentence did not include a prison term despite a | 3684 |
presumption favoring a prison term for the offense for which it | 3685 |
was imposed, as set forth in section 2929.13 or Chapter 2925. of | 3686 |
the Revised Code. | 3687 |
(2) The sentence is contrary to law. | 3688 |
(3) The sentence is a modification under section 2929.20 of | 3689 |
the Revised Code of a sentence that was imposed for a felony of | 3690 |
the first or second degree. | 3691 |
(C)(1) In addition to the right to appeal a sentence granted | 3692 |
under division (A) or (B) of this section, a defendant who is | 3693 |
convicted of or pleads guilty to a felony may seek leave to appeal | 3694 |
a sentence imposed upon the defendant on the basis that the | 3695 |
sentencing judge has imposed consecutive sentences under division | 3696 |
(E)(3) or (4) of section 2929.14 of the Revised Code and that the | 3697 |
consecutive sentences exceed the maximum prison term allowed by | 3698 |
division (A) of that section for the most serious offense of which | 3699 |
the defendant was convicted. Upon the filing of a motion under | 3700 |
this division, the court of appeals may grant leave to appeal the | 3701 |
sentence if the court determines that the allegation included as | 3702 |
the basis of the motion is true. | 3703 |
(2) A defendant may seek leave to appeal an additional | 3704 |
sentence imposed upon the defendant pursuant to division (D)(2)(a) | 3705 |
or (b) of section 2929.14 of the Revised Code if the additional | 3706 |
sentence is for a definite prison term that is longer than five | 3707 |
years. | 3708 |
(D)(1) A sentence imposed upon a defendant is not subject to | 3709 |
review under this section if the sentence is authorized by law, | 3710 |
has been recommended jointly by the defendant and the prosecution | 3711 |
in the case, and is imposed by a sentencing judge. | 3712 |
(2) Except as provided in division (C)(2) of this section, a | 3713 |
sentence imposed upon a defendant is not subject to review under | 3714 |
this section if the sentence is imposed pursuant to division | 3715 |
(D)(2)(b) of section 2929.14 of the Revised Code. Except as | 3716 |
otherwise provided in this division, a defendant retains all | 3717 |
rights to appeal as provided under this chapter or any other | 3718 |
provision of the Revised Code. A defendant has the right to appeal | 3719 |
under this chapter or any other provision of the Revised Code the | 3720 |
court's application of division (D)(2)(c) of section 2929.14 of | 3721 |
the Revised Code. | 3722 |
(3) A sentence imposed for aggravated murder or murder | 3723 |
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not | 3724 |
subject to review under this section. | 3725 |
(E) A defendant, prosecuting attorney, city director of law, | 3726 |
village solicitor, or chief municipal legal officer shall file an | 3727 |
appeal of a sentence under this section to a court of appeals | 3728 |
within the time limits specified in Rule 4(B) of the Rules of | 3729 |
Appellate Procedure, provided that if the appeal is pursuant to | 3730 |
division (B)(3) of this section, the time limits specified in that | 3731 |
rule shall not commence running until the court grants the motion | 3732 |
that makes the sentence modification in question. A sentence | 3733 |
appeal under this section shall be consolidated with any other | 3734 |
appeal in the case. If no other appeal is filed, the court of | 3735 |
appeals may review only the portions of the trial record that | 3736 |
pertain to sentencing. | 3737 |
(F) On the appeal of a sentence under this section, the | 3738 |
record to be reviewed shall include all of the following, as | 3739 |
applicable: | 3740 |
(1) Any presentence, psychiatric, or other investigative | 3741 |
report that was submitted to the court in writing before the | 3742 |
sentence was imposed. An appellate court that reviews a | 3743 |
presentence investigation report prepared pursuant to section | 3744 |
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in | 3745 |
connection with the appeal of a sentence under this section shall | 3746 |
comply with division (D)(3) of section 2951.03 of the Revised Code | 3747 |
when the appellate court is not using the presentence | 3748 |
investigation report, and the appellate court's use of a | 3749 |
presentence investigation report of that nature in connection with | 3750 |
the appeal of a sentence under this section does not affect the | 3751 |
otherwise confidential character of the contents of that report as | 3752 |
described in division (D)(1) of section 2951.03 of the Revised | 3753 |
Code and does not cause that report to become a public record, as | 3754 |
defined in section 149.43 of the Revised Code, following the | 3755 |
appellate court's use of the report. | 3756 |
(2) The trial record in the case in which the sentence was | 3757 |
imposed; | 3758 |
(3) Any oral or written statements made to or by the court at | 3759 |
the sentencing hearing at which the sentence was imposed; | 3760 |
(4) Any written findings that the court was required to make | 3761 |
in connection with the modification of the sentence pursuant to a | 3762 |
judicial release under division | 3763 |
Revised Code. | 3764 |
(G)(1) If the sentencing court was required to make the | 3765 |
findings required by division (B) or (D) of section 2929.13, | 3766 |
division (D)(2)(e) or (E)(4) of section 2929.14, or division | 3767 |
3768 | |
imposition or modification of the sentence, and if the sentencing | 3769 |
court failed to state the required findings on the record, the | 3770 |
court hearing an appeal under division (A), (B), or (C) of this | 3771 |
section shall remand the case to the sentencing court and instruct | 3772 |
the sentencing court to state, on the record, the required | 3773 |
findings. | 3774 |
(2) The court hearing an appeal under division (A), (B), or | 3775 |
(C) of this section shall review the record, including the | 3776 |
findings underlying the sentence or modification given by the | 3777 |
sentencing court. | 3778 |
The appellate court may increase, reduce, or otherwise modify | 3779 |
a sentence that is appealed under this section or may vacate the | 3780 |
sentence and remand the matter to the sentencing court for | 3781 |
resentencing. The appellate court's standard for review is not | 3782 |
whether the sentencing court abused its discretion. The appellate | 3783 |
court may take any action authorized by this division if it | 3784 |
clearly and convincingly finds either of the following: | 3785 |
(a) That the record does not support the sentencing court's | 3786 |
findings under division (B) or (D) of section 2929.13, division | 3787 |
(D)(2)(e) or (E)(4) of section 2929.14, or division | 3788 |
section 2929.20 of the Revised Code, whichever, if any, is | 3789 |
relevant; | 3790 |
(b) That the sentence is otherwise contrary to law. | 3791 |
(H) A judgment or final order of a court of appeals under | 3792 |
this section may be appealed, by leave of court, to the supreme | 3793 |
court. | 3794 |
(I)(1) There is hereby established the felony sentence appeal | 3795 |
cost oversight committee, consisting of eight members. One member | 3796 |
shall be the chief justice of the supreme court or a | 3797 |
representative of the court designated by the chief justice, one | 3798 |
member shall be a member of the senate appointed by the president | 3799 |
of the senate, one member shall be a member of the house of | 3800 |
representatives appointed by the speaker of the house of | 3801 |
representatives, one member shall be the director of budget and | 3802 |
management or a representative of the office of budget and | 3803 |
management designated by the director, one member shall be a judge | 3804 |
of a court of appeals, court of common pleas, municipal court, or | 3805 |
county court appointed by the chief justice of the supreme court, | 3806 |
one member shall be the state public defender or a representative | 3807 |
of the office of the state public defender designated by the state | 3808 |
public defender, one member shall be a prosecuting attorney | 3809 |
appointed by the Ohio prosecuting attorneys association, and one | 3810 |
member shall be a county commissioner appointed by the county | 3811 |
commissioners association of Ohio. No more than three of the | 3812 |
appointed members of the committee may be members of the same | 3813 |
political party. | 3814 |
The president of the senate, the speaker of the house of | 3815 |
representatives, the chief justice of the supreme court, the Ohio | 3816 |
prosecuting attorneys association, and the county commissioners | 3817 |
association of Ohio shall make the initial appointments to the | 3818 |
committee of the appointed members no later than ninety days after | 3819 |
July 1, 1996. Of those initial appointments to the committee, the | 3820 |
members appointed by the speaker of the house of representatives | 3821 |
and the Ohio prosecuting attorneys association shall serve a term | 3822 |
ending two years after July 1, 1996, the member appointed by the | 3823 |
chief justice of the supreme court shall serve a term ending three | 3824 |
years after July 1, 1996, and the members appointed by the | 3825 |
president of the senate and the county commissioners association | 3826 |
of Ohio shall serve terms ending four years after July 1, 1996. | 3827 |
Thereafter, terms of office of the appointed members shall be for | 3828 |
four years, with each term ending on the same day of the same | 3829 |
month as did the term that it succeeds. Members may be | 3830 |
reappointed. Vacancies shall be filled in the same manner provided | 3831 |
for original appointments. A member appointed to fill a vacancy | 3832 |
occurring prior to the expiration of the term for which that | 3833 |
member's predecessor was appointed shall hold office as a member | 3834 |
for the remainder of the predecessor's term. An appointed member | 3835 |
shall continue in office subsequent to the expiration date of that | 3836 |
member's term until that member's successor takes office or until | 3837 |
a period of sixty days has elapsed, whichever occurs first. | 3838 |
If the chief justice of the supreme court, the director of | 3839 |
the office of budget and management, or the state public defender | 3840 |
serves as a member of the committee, that person's term of office | 3841 |
as a member shall continue for as long as that person holds office | 3842 |
as chief justice, director of the office of budget and management, | 3843 |
or state public defender. If the chief justice of the supreme | 3844 |
court designates a representative of the court to serve as a | 3845 |
member, the director of budget and management designates a | 3846 |
representative of the office of budget and management to serve as | 3847 |
a member, or the state public defender designates a representative | 3848 |
of the office of the state public defender to serve as a member, | 3849 |
the person so designated shall serve as a member of the commission | 3850 |
for as long as the official who made the designation holds office | 3851 |
as chief justice, director of the office of budget and management, | 3852 |
or state public defender or until that official revokes the | 3853 |
designation. | 3854 |
The chief justice of the supreme court or the representative | 3855 |
of the supreme court appointed by the chief justice shall serve as | 3856 |
chairperson of the committee. The committee shall meet within two | 3857 |
weeks after all appointed members have been appointed and shall | 3858 |
organize as necessary. Thereafter, the committee shall meet at | 3859 |
least once every six months or more often upon the call of the | 3860 |
chairperson or the written request of three or more members, | 3861 |
provided that the committee shall not meet unless moneys have been | 3862 |
appropriated to the judiciary budget administered by the supreme | 3863 |
court specifically for the purpose of providing financial | 3864 |
assistance to counties under division (I)(2) of this section and | 3865 |
the moneys so appropriated then are available for that purpose. | 3866 |
The members of the committee shall serve without | 3867 |
compensation, but, if moneys have been appropriated to the | 3868 |
judiciary budget administered by the supreme court specifically | 3869 |
for the purpose of providing financial assistance to counties | 3870 |
under division (I)(2) of this section, each member shall be | 3871 |
reimbursed out of the moneys so appropriated that then are | 3872 |
available for actual and necessary expenses incurred in the | 3873 |
performance of official duties as a committee member. | 3874 |
(2) The state criminal sentencing commission periodically | 3875 |
shall provide to the felony sentence appeal cost oversight | 3876 |
committee all data the commission collects pursuant to division | 3877 |
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the | 3878 |
data from the state criminal sentencing commission, the felony | 3879 |
sentence appeal cost oversight committee periodically shall review | 3880 |
the data; determine whether any money has been appropriated to the | 3881 |
judiciary budget administered by the supreme court specifically | 3882 |
for the purpose of providing state financial assistance to | 3883 |
counties in accordance with this division for the increase in | 3884 |
expenses the counties experience as a result of the felony | 3885 |
sentence appeal provisions set forth in this section or as a | 3886 |
result of a postconviction relief proceeding brought under | 3887 |
division (A)(2) of section 2953.21 of the Revised Code or an | 3888 |
appeal of a judgment in that proceeding; if it determines that any | 3889 |
money has been so appropriated, determine the total amount of | 3890 |
moneys that have been so appropriated specifically for that | 3891 |
purpose and that then are available for that purpose; and develop | 3892 |
a recommended method of distributing those moneys to the counties. | 3893 |
The committee shall send a copy of its recommendation to the | 3894 |
supreme court. Upon receipt of the committee's recommendation, the | 3895 |
supreme court shall distribute to the counties, based upon that | 3896 |
recommendation, the moneys that have been so appropriated | 3897 |
specifically for the purpose of providing state financial | 3898 |
assistance to counties under this division and that then are | 3899 |
available for that purpose. | 3900 |
Sec. 2953.13. When a defendant has been committed to a state | 3901 |
correctional
institution and the judgment | 3902 |
commitment was made | 3903 |
entitled to | 3904 |
remanded to the trial court for any reason, the clerk of the court | 3905 |
reversing the judgment or remanding the case, under the seal | 3906 |
3907 | |
remand to the warden of the state correctional institution. | 3908 |
The warden, on receipt of the certificate, if a discharge of | 3909 |
the defendant is
ordered, shall forthwith discharge | 3910 |
defendant from the state correctional institution. | 3911 |
If a new trial is ordered or the case is remanded, the warden | 3912 |
shall forthwith cause the defendant to be conveyed to the jail of | 3913 |
the county in which | 3914 |
to the custody of the sheriff | 3915 |
Sec. 2967.03. The adult parole authority may exercise its | 3916 |
functions and duties in relation to the pardon, commutation of | 3917 |
sentence, or reprieve of a convict upon direction of the governor | 3918 |
or upon its own initiative. It may exercise its functions and | 3919 |
duties in relation to the parole of a prisoner who is eligible for | 3920 |
parole upon the initiative of the head of the institution in which | 3921 |
the prisoner is confined or upon its own initiative. It may | 3922 |
exercise its functions and duties in relation to the medical | 3923 |
release of a prisoner when the head of the institution notifies | 3924 |
the authority of the prisoner's medical incapacitation, terminal | 3925 |
illness, or imminent danger of death in accordance with rules | 3926 |
adopted by the authority under section 2967.05 of the Revised | 3927 |
Code. When a prisoner becomes eligible for parole, the head of the | 3928 |
institution in which the prisoner is confined shall notify the | 3929 |
authority in the manner prescribed by the authority. The authority | 3930 |
may investigate and examine, or cause the investigation and | 3931 |
examination of, prisoners confined in state correctional | 3932 |
institutions concerning their conduct in the institutions, their | 3933 |
mental and moral qualities and characteristics, their knowledge of | 3934 |
a trade or profession, their former means of livelihood, their | 3935 |
family relationships, and any other matters affecting their | 3936 |
fitness to be at liberty without being a threat to society. | 3937 |
The authority may recommend to the governor the pardon, | 3938 |
commutation of sentence, medical release, or reprieve of any | 3939 |
convict or prisoner or grant a parole to any prisoner for whom | 3940 |
parole is authorized, if in its judgment there is reasonable | 3941 |
ground to believe that granting a pardon, commutation, medical | 3942 |
release, or reprieve to the convict or paroling the prisoner would | 3943 |
further the interests of justice and be consistent with the | 3944 |
welfare and security of society. However, the authority shall not | 3945 |
recommend a pardon | 3946 |
of, or grant a parole to, any convict or prisoner until the | 3947 |
authority has complied with the applicable notice requirements of | 3948 |
sections 2930.16 and 2967.12 of the Revised Code and until it has | 3949 |
considered any statement made by a victim or a victim's | 3950 |
representative that is relevant to the convict's or prisoner's | 3951 |
case and that was sent to the authority pursuant to section | 3952 |
2930.17 of the Revised Code, any other statement made by a victim | 3953 |
or a victim's representative that is relevant to the convict's or | 3954 |
prisoner's case and that was received by the authority after it | 3955 |
provided notice of the pendency of the action under sections | 3956 |
2930.16 and 2967.12 of the Revised Code, and any written statement | 3957 |
of any person submitted to the court pursuant to division | 3958 |
of section 2967.12 of the Revised Code. If a victim, victim's | 3959 |
representative, or the victim's spouse, parent, sibling, or child | 3960 |
appears at a full board hearing of the parole board and gives | 3961 |
testimony as authorized by section 5149.101 of the Revised Code, | 3962 |
the authority shall consider the testimony in determining whether | 3963 |
to grant a parole. The trial judge and prosecuting attorney of the | 3964 |
trial court in which a person was convicted shall furnish to the | 3965 |
authority, at the request of the authority, a summarized statement | 3966 |
of the facts proved at the trial and of all other facts having | 3967 |
reference to the propriety of recommending a
pardon | 3968 |
commutation, or medical release, or granting a parole, together | 3969 |
with a recommendation for or against a pardon, commutation, | 3970 |
medical release, or parole, and the reasons for the | 3971 |
recommendation. The trial judge, the prosecuting attorney, | 3972 |
specified law enforcement agency members, and a representative of | 3973 |
the prisoner may appear at a full board hearing of the parole | 3974 |
board and give testimony in regard to the grant of a parole to the | 3975 |
prisoner as authorized by section 5149.101 of the Revised Code. | 3976 |
All state and local officials shall furnish information to the | 3977 |
authority, when so requested by it in the performance of its | 3978 |
duties. | 3979 |
The adult parole authority shall exercise its functions and | 3980 |
duties in relation to the release of prisoners who are serving a | 3981 |
stated prison term in accordance with section 2967.28 of the | 3982 |
Revised Code. | 3983 |
Sec. 2967.05. Upon the recommendation of the director of | 3984 |
rehabilitation and correction, accompanied by a certificate of the | 3985 |
attending physician that a prisoner or convict is terminally ill, | 3986 |
medically incapacitated, or in imminent danger of death, the | 3987 |
governor may order
| 3988 |
3989 | |
3990 | |
3991 | |
3992 | |
3993 | |
3994 | |
3995 | |
3996 | |
to investigate or cause to be investigated the prisoner and make a | 3997 |
recommendation in the manner set forth in section 2967.03 of the | 3998 |
Revised Code. An inmate released under this section shall be | 3999 |
subject to supervision by the adult parole authority in accordance | 4000 |
with any recommendation of the adult parole authority that is | 4001 |
approved by the governor. The adult parole authority shall adopt | 4002 |
rules pursuant to section 119.03 of the Revised Code to establish | 4003 |
the eligibility and procedure for medical release of an inmate | 4004 |
when an inmate is terminally ill, medically incapacitated, or in | 4005 |
imminent danger of death. | 4006 |
Sec. 2967.141. (A) As used in this section, "alternative | 4007 |
residential facility" has the same meaning as in section 2929.01 | 4008 |
of the Revised Code. | 4009 |
(B) The department of rehabilitation and correction, through | 4010 |
its division of parole and community services, may operate or | 4011 |
contract for the operation of one or more violation sanction | 4012 |
centers as an alternative residential facility. A violation | 4013 |
sanction center operated under authority of this division is not a | 4014 |
prison | 4015 |
section 2929.01 of the Revised Code. A violation sanction center | 4016 |
operated under authority of this division may be used for either | 4017 |
of the following purposes: | 4018 |
(1) Service of the term of a more restrictive post-release | 4019 |
control sanction that the parole board, subsequent to a hearing, | 4020 |
imposes pursuant to division (F)(2) of section 2967.28 of the | 4021 |
Revised Code upon a releasee who has violated a post-release | 4022 |
control sanction imposed upon the releasee under that section; | 4023 |
(2) Service of a sanction that the adult parole authority or | 4024 |
parole board imposes upon a parolee whom the authority determines | 4025 |
to be a parole violator because of a violation of the terms and | 4026 |
conditions of the parolee's parole or conditional pardon. | 4027 |
(C) If a violation sanction center is established under the | 4028 |
authority of this section, notwithstanding the fact that the | 4029 |
center is an alternative residential facility for the purposes | 4030 |
described in division (B) of this section, the center shall be | 4031 |
used only for the purposes described in that division. A violation | 4032 |
sanction center established under the authority of this section is | 4033 |
not an alternative residential facility for the purpose of | 4034 |
imposing sentence on an offender who is convicted of or pleads | 4035 |
guilty to a felony, and a court that is sentencing an offender for | 4036 |
a felony pursuant to sections 2929.11 to 2929.19 of the Revised | 4037 |
Code shall not sentence the offender to a community residential | 4038 |
sanction that requires the offender to serve a term in the center. | 4039 |
(D) If a releasee is ordered to serve a sanction in a | 4040 |
violation sanction center, as described in division (B)(1) of this | 4041 |
section, all of the following apply: | 4042 |
(1) The releasee shall not be considered to be under a new | 4043 |
prison term for a violation of post-release control. | 4044 |
(2) The time the releasee serves in the center shall not | 4045 |
count toward, and shall not be considered in determining, the | 4046 |
maximum cumulative prison term for all violations that is | 4047 |
described in division (F)(3) of section 2967.28 of the Revised | 4048 |
Code. | 4049 |
(3) The time the releasee serves in the center shall count as | 4050 |
part of, and shall be credited toward, the remaining period of | 4051 |
post-release control that is applicable to the releasee. | 4052 |
Sec. 2967.28. (A) As used in this section: | 4053 |
(1) "Monitored time" means the monitored time sanction | 4054 |
specified in section 2929.17 of the Revised Code. | 4055 |
(2) "Deadly weapon" and "dangerous ordnance" have the same | 4056 |
meanings as in section 2923.11 of the Revised Code. | 4057 |
(3) "Felony sex offense" means a violation of a section | 4058 |
contained in Chapter 2907. of the Revised Code that is a felony. | 4059 |
(B) Each sentence to a prison term for a felony of the first | 4060 |
degree, for a felony of the second degree, for a felony sex | 4061 |
offense, or for a felony of the third degree that is not a felony | 4062 |
sex offense and in the commission of which the offender caused or | 4063 |
threatened to cause physical harm to a person shall include a | 4064 |
requirement that the offender be subject to a period of | 4065 |
post-release control imposed by the parole board after the | 4066 |
offender's release from imprisonment. If a court imposes a | 4067 |
sentence including a prison term of a type described in this | 4068 |
division on or after | 4069 |
2006, the failure of a sentencing court to notify the offender | 4070 |
pursuant to division (B)(3)(c) of section 2929.19 of the Revised | 4071 |
Code of this requirement or to include in the judgment of | 4072 |
conviction entered on the journal a statement that the offender's | 4073 |
sentence includes this requirement does not negate, limit, or | 4074 |
otherwise affect the mandatory period of supervision that is | 4075 |
required for the offender under this division. Section 2929.191 of | 4076 |
the Revised Code applies if, prior to | 4077 |
4078 | |
prison term of a type described in this division and failed to | 4079 |
notify the offender pursuant to division (B)(3)(c) of section | 4080 |
2929.19 of the Revised Code regarding post-release control or to | 4081 |
include in the judgment of conviction entered on the journal or in | 4082 |
the sentence pursuant to division (F)(1) of section 2929.14 of the | 4083 |
Revised Code a statement regarding post-release control. Unless | 4084 |
reduced by the parole board pursuant to division (D) of this | 4085 |
section when authorized under that division, a period of | 4086 |
post-release control required by this division for an offender | 4087 |
shall be of one of the following periods: | 4088 |
(1) For a felony of the first degree or for a felony sex | 4089 |
offense, five years; | 4090 |
(2) For a felony of the second degree that is not a felony | 4091 |
sex offense, three years; | 4092 |
(3) For a felony of the third degree that is not a felony sex | 4093 |
offense and in the commission of which the offender caused or | 4094 |
threatened physical harm to a person, three years. | 4095 |
(C) Any sentence to a prison term for a felony of the third, | 4096 |
fourth, or fifth degree that is not subject to division (B)(1) or | 4097 |
(3) of this section shall include a requirement that the offender | 4098 |
be subject to a period of post-release control of up to three | 4099 |
years after the offender's release from imprisonment, if the | 4100 |
parole board, in accordance with division (D) of this section, | 4101 |
determines that a period of post-release control is necessary for | 4102 |
that offender. Section 2929.191 of the Revised Code applies if, | 4103 |
prior to | 4104 |
court imposed a sentence including a prison term of a type | 4105 |
described in this division and failed to notify the offender | 4106 |
pursuant to division (B)(3)(d) of section 2929.19 of the Revised | 4107 |
Code regarding post-release control or to include in the judgment | 4108 |
of conviction entered on the journal or in the sentence pursuant | 4109 |
to division (F)(2) of section 2929.14 of the Revised Code a | 4110 |
statement regarding post-release control. Pursuant to an agreement | 4111 |
entered into under section 2967.29 of the Revised Code, a court of | 4112 |
common pleas or parole board may impose sanctions or conditions on | 4113 |
an offender who is placed on post-release control under this | 4114 |
division. | 4115 |
(D)(1) Before the prisoner is released from imprisonment, the | 4116 |
parole board or, pursuant to an agreement under section 2967.29 of | 4117 |
the Revised Code, the court shall impose upon a prisoner described | 4118 |
in division (B) of this section, may impose upon a prisoner | 4119 |
described in division (C) of this section, and shall impose upon a | 4120 |
prisoner described in division (B)(2)(b) of section 5120.031 or in | 4121 |
division (B)(1) of section 5120.032 of the Revised Code, one or | 4122 |
more post-release control sanctions to apply during the prisoner's | 4123 |
period of post-release control. Whenever the board or court | 4124 |
imposes one or more post-release control sanctions upon a | 4125 |
prisoner, the board or court, in addition to imposing the | 4126 |
sanctions, also shall include as a condition of the post-release | 4127 |
control that the | 4128 |
without permission of the court or the
| 4129 |
offender's
parole or probation officer and that the
| 4130 |
4131 | |
other conditions of release under a post-release control sanction | 4132 |
that the board or court considers appropriate, and the conditions | 4133 |
of release may include any community residential sanction, | 4134 |
community nonresidential sanction, or financial sanction that the | 4135 |
sentencing court was authorized to impose pursuant to sections | 4136 |
2929.16, 2929.17, and 2929.18 of the Revised Code. Prior to the | 4137 |
release of a prisoner for whom it will impose one or more | 4138 |
post-release control sanctions under this division, the parole | 4139 |
board or court shall review the prisoner's criminal history, all | 4140 |
juvenile court adjudications finding the prisoner, while a | 4141 |
juvenile, to be a delinquent child, and the record of the | 4142 |
prisoner's conduct while imprisoned. The parole board or court | 4143 |
shall consider any recommendation regarding post-release control | 4144 |
sanctions for the prisoner made by the office of victims' | 4145 |
services. After considering those materials, the board or court | 4146 |
shall determine, for a prisoner described in division (B) of this | 4147 |
section, division (B)(2)(b) of section 5120.031, or division | 4148 |
(B)(1) of section 5120.032 of the Revised Code, which post-release | 4149 |
control sanction or combination of post-release control sanctions | 4150 |
is reasonable under the circumstances or, for a prisoner described | 4151 |
in division (C) of this section, whether a post-release control | 4152 |
sanction is necessary and, if so, which post-release control | 4153 |
sanction or combination of post-release control sanctions is | 4154 |
reasonable under the circumstances. In the case of a prisoner | 4155 |
convicted of a felony of the fourth or fifth degree other than a | 4156 |
felony sex offense, the board or court shall presume that | 4157 |
monitored time is the appropriate post-release control sanction | 4158 |
unless the board or court determines that a more restrictive | 4159 |
sanction is warranted. A post-release control sanction imposed | 4160 |
under this division takes effect upon the prisoner's release from | 4161 |
imprisonment. | 4162 |
Regardless of whether the prisoner was sentenced to the | 4163 |
prison term prior to, on, or after | 4164 |
4165 | |
whom it will impose one or more post-release control sanctions | 4166 |
under this division, the parole board shall notify the prisoner | 4167 |
that, if the prisoner violates any sanction so imposed or any | 4168 |
condition of post-release control described in division (B) of | 4169 |
section 2967.131 of the Revised Code that is imposed on the | 4170 |
prisoner, the parole board may impose a prison term of up to | 4171 |
one-half of the stated prison term originally imposed upon the | 4172 |
prisoner. | 4173 |
(2) At any time after a prisoner is released from | 4174 |
imprisonment and during the period of post-release control | 4175 |
applicable to the releasee, the adult parole authority or, | 4176 |
pursuant to an agreement under section 2967.29 of the Revised | 4177 |
Code, the court may review the releasee's behavior under the | 4178 |
post-release control sanctions imposed upon the releasee under | 4179 |
this section. The authority or court may determine, based upon the | 4180 |
review and in accordance with the standards established under | 4181 |
division (E) of this section, that a more restrictive or a less | 4182 |
restrictive sanction is appropriate and may impose a different | 4183 |
sanction. | 4184 |
4185 | |
The authority also may recommend that the parole board or court | 4186 |
increase or reduce the duration of the period of post-release | 4187 |
control imposed by the court. If the authority recommends that the | 4188 |
board or court increase the duration of post-release control, the | 4189 |
board or court shall review the releasee's behavior and may | 4190 |
increase the duration of the period of post-release control | 4191 |
imposed by the court up to eight years. If the authority | 4192 |
recommends that the board or court reduce the duration of control | 4193 |
for an
offense described in division
(B) | 4194 |
this section, the board or court shall review the releasee's | 4195 |
behavior and may reduce the duration of the period of control | 4196 |
imposed by the court. In no case shall the board or court reduce | 4197 |
the duration
of the period of
control imposed | 4198 |
offense described in division (B)(1) of this section to a period | 4199 |
less than the length of the stated prison term originally imposed, | 4200 |
and in no case shall the board or court permit the releasee to | 4201 |
leave the state without permission of the court or the releasee's | 4202 |
parole or probation officer. | 4203 |
(E) The department of rehabilitation and correction, in | 4204 |
accordance with Chapter 119. of the Revised Code, shall adopt | 4205 |
rules that do all of the following: | 4206 |
(1) Establish standards for the imposition by the parole | 4207 |
board of post-release control sanctions under this section that | 4208 |
are consistent with the overriding purposes and sentencing | 4209 |
principles set forth in section 2929.11 of the Revised Code and | 4210 |
that are appropriate to the needs of releasees; | 4211 |
(2) Establish standards by which the parole board can | 4212 |
determine which prisoners described in division (C) of this | 4213 |
section should be placed under a period of post-release control; | 4214 |
(3) Establish standards to be used by the parole board in | 4215 |
reducing the duration of the period of post-release control | 4216 |
imposed by the court when authorized under division (D) of this | 4217 |
section, in imposing a more restrictive post-release control | 4218 |
sanction than monitored time upon a prisoner convicted of a felony | 4219 |
of the fourth or fifth degree other than a felony sex offense, or | 4220 |
in imposing a less restrictive control sanction upon a releasee | 4221 |
based on the releasee's activities including, but not limited to, | 4222 |
remaining free from criminal activity and from the abuse of | 4223 |
alcohol or other drugs, successfully participating in approved | 4224 |
rehabilitation programs, maintaining employment, and paying | 4225 |
restitution to the victim or meeting the terms of other financial | 4226 |
sanctions; | 4227 |
(4) Establish standards to be used by the adult parole | 4228 |
authority in modifying a releasee's post-release control sanctions | 4229 |
pursuant to division (D)(2) of this section; | 4230 |
(5) Establish standards to be used by the adult parole | 4231 |
authority or parole board in imposing further sanctions under | 4232 |
division (F) of this section on releasees who violate post-release | 4233 |
control sanctions, including standards that do the following: | 4234 |
(a) Classify violations according to the degree of | 4235 |
seriousness; | 4236 |
(b) Define the circumstances under which formal action by the | 4237 |
parole board is warranted; | 4238 |
(c) Govern the use of evidence at violation hearings; | 4239 |
(d) Ensure procedural due process to an alleged violator; | 4240 |
(e) Prescribe nonresidential community control sanctions for | 4241 |
most misdemeanor and technical violations; | 4242 |
(f) Provide procedures for the return of a releasee to | 4243 |
imprisonment for violations of post-release control. | 4244 |
(F)(1) Whenever the parole board imposes one or more | 4245 |
post-release control sanctions upon an offender under this | 4246 |
section, the offender upon release from imprisonment shall be | 4247 |
under the general jurisdiction of the adult parole authority and | 4248 |
generally shall be supervised by the field services section | 4249 |
through its staff of parole and field officers as described in | 4250 |
section 5149.04 of the Revised Code, as if the offender had been | 4251 |
placed on parole. If the offender upon release from imprisonment | 4252 |
violates the post-release control sanction or any conditions | 4253 |
described in division (A) of section 2967.131 of the Revised Code | 4254 |
that are imposed on the offender, the public or private person or | 4255 |
entity that operates or administers the sanction or the program or | 4256 |
activity that comprises the sanction shall report the violation | 4257 |
directly to the adult parole authority or to the officer of the | 4258 |
authority who supervises the offender. The authority's officers | 4259 |
may treat the offender as if the offender were on parole and in | 4260 |
violation of the parole, and otherwise shall comply with this | 4261 |
section. | 4262 |
(2) If the adult parole authority or, pursuant to an | 4263 |
agreement under section 2967.29 of the Revised Code, the court | 4264 |
determines that a releasee has violated a post-release control | 4265 |
sanction or any conditions described in division (A) of section | 4266 |
2967.131 of the Revised Code imposed upon the releasee and that a | 4267 |
more restrictive sanction is appropriate, the authority or court | 4268 |
may impose a more restrictive sanction upon the releasee, in | 4269 |
accordance with the standards established under division (E) of | 4270 |
this section, or may report the violation to the parole board for | 4271 |
a hearing pursuant to division (F)(3) of this section. The | 4272 |
authority or court may not, pursuant to this division, increase | 4273 |
the duration of the releasee's post-release control or impose as a | 4274 |
post-release control sanction a residential sanction that includes | 4275 |
a prison term, but the authority or court may impose on the | 4276 |
releasee any other residential sanction, nonresidential sanction, | 4277 |
or financial sanction that the sentencing court was authorized to | 4278 |
impose pursuant to sections 2929.16, 2929.17, and 2929.18 of the | 4279 |
Revised Code. | 4280 |
(3) The parole board or, pursuant to an agreement under | 4281 |
section 2967.29 of the Revised Code, the court may hold a hearing | 4282 |
on any alleged violation by a releasee of a post-release control | 4283 |
sanction or any conditions described in division (A) of section | 4284 |
2967.131 of the Revised Code that are imposed upon the releasee. | 4285 |
If after the hearing the board or court finds that the releasee | 4286 |
violated the sanction or condition, the board or court may | 4287 |
increase the duration of the releasee's post-release control up to | 4288 |
the maximum duration authorized by division (B) or (C) of this | 4289 |
section or impose a more restrictive post-release control | 4290 |
sanction. When appropriate, the board or court may impose as a | 4291 |
post-release control sanction a residential sanction that includes | 4292 |
a prison term. The board or court shall consider a prison term as | 4293 |
a post-release control sanction imposed for a violation of | 4294 |
post-release control when the violation involves a deadly weapon | 4295 |
or dangerous ordnance, physical harm or attempted serious physical | 4296 |
harm to a person, or sexual misconduct, or when the releasee | 4297 |
committed repeated violations of post-release control sanctions. | 4298 |
4299 | |
section 5120.032 of the Revised Code, the period of a prison term | 4300 |
that is imposed as a post-release control sanction under this | 4301 |
division shall not exceed nine months, and the maximum cumulative | 4302 |
prison term for all violations under this division shall not | 4303 |
exceed one-half of the stated prison term originally imposed upon | 4304 |
the offender as part of this sentence. If a releasee's stated | 4305 |
prison term was reduced pursuant to section 5120.032 of the | 4306 |
Revised Code, the period of a prison term that is imposed as a | 4307 |
post-release control sanction under this division and the maximum | 4308 |
cumulative prison term for all violations under this division | 4309 |
shall not exceed the period of time not served in prison under the | 4310 |
sentence imposed by the court. The period of a prison term that is | 4311 |
imposed as a post-release control sanction under this division | 4312 |
shall not count as, or be credited toward, the remaining period of | 4313 |
post-release control. | 4314 |
If an offender is imprisoned for a felony committed while | 4315 |
under post-release control supervision and is again released on | 4316 |
post-release control for a period of time determined by division | 4317 |
(F)(4)(d) of this section, the maximum cumulative prison term for | 4318 |
all violations under this division shall not exceed one-half of | 4319 |
the total stated prison terms of the earlier felony, reduced by | 4320 |
any prison term administratively imposed by the parole board or | 4321 |
court, plus one-half of the total stated prison term of the new | 4322 |
felony. | 4323 |
(4) Any period of post-release control shall commence upon an | 4324 |
offender's actual release from prison. If an offender is serving | 4325 |
an indefinite prison term or a life sentence in addition to a | 4326 |
stated prison term, the offender shall serve the period of | 4327 |
post-release control in the following manner: | 4328 |
(a) If a period of post-release control is imposed upon the | 4329 |
offender and if the offender also is subject to a period of parole | 4330 |
under a life sentence or an indefinite sentence, and if the period | 4331 |
of post-release control ends prior to the period of parole, the | 4332 |
offender shall be supervised on parole. The offender shall receive | 4333 |
credit for post-release control supervision during the period of | 4334 |
parole. The offender is not eligible for final release under | 4335 |
section 2967.16 of the Revised Code until the post-release control | 4336 |
period otherwise would have ended. | 4337 |
(b) If a period of post-release control is imposed upon the | 4338 |
offender and if the offender also is subject to a period of parole | 4339 |
under an indefinite sentence, and if the period of parole ends | 4340 |
prior to the period of post-release control, the offender shall be | 4341 |
supervised on post-release control. The requirements of parole | 4342 |
supervision shall be satisfied during the post-release control | 4343 |
period. | 4344 |
(c) If an offender is subject to more than one period of | 4345 |
post-release control, the period of post-release control for all | 4346 |
of the sentences shall be the period of post-release control that | 4347 |
expires last, as determined by the parole board or court. Periods | 4348 |
of post-release control shall be served concurrently and shall not | 4349 |
be imposed consecutively to each other. | 4350 |
(d) The period of post-release control for a releasee who | 4351 |
commits a felony while under post-release control for an earlier | 4352 |
felony shall be the longer of the period of post-release control | 4353 |
specified for the new felony under division (B) or (C) of this | 4354 |
section or the time remaining under the period of post-release | 4355 |
control imposed for the earlier felony as determined by the parole | 4356 |
board or court. | 4357 |
Sec. 2967.29. (A) A court of common pleas may cooperate with | 4358 |
the department of rehabilitation and correction in the supervision | 4359 |
of offenders who return to the court's territorial jurisdiction | 4360 |
after serving a prison term. The court, after consultation with | 4361 |
the board of county commissioners, may enter into an agreement | 4362 |
with the department allowing the court and the parole board to | 4363 |
make joint decisions relating to parole and post-release control | 4364 |
to the extent permitted by section 2967.28 of the Revised Code. | 4365 |
(B) An agreement made under this section shall include at | 4366 |
least all of the following: | 4367 |
(1) The categories of offenders with regard to which the | 4368 |
court may participate in making decisions; | 4369 |
(2) The process by which the offenders in each category will | 4370 |
be identified; | 4371 |
(3) The process by which the court and the parole board will | 4372 |
monitor offenders and make recommendations regarding programming | 4373 |
while the offenders are in prison; | 4374 |
(4) The process by which the court will participate in | 4375 |
setting appropriate sanctions and conditions on offenders who | 4376 |
leave prison on post-release control or parole; | 4377 |
(5) The process by which the court may participate in | 4378 |
reducing the duration of the period of post-release control; | 4379 |
(6) Guidelines for the supervision of offenders under | 4380 |
post-release control or parole supervision; | 4381 |
(7) Guidelines for sanctions for violations of parole or | 4382 |
post-release control; | 4383 |
(8) Provisions that take into account the perspective of | 4384 |
affected victims. | 4385 |
(C) A court that enters into an agreement under this section | 4386 |
shall provide the department of rehabilitation and correction with | 4387 |
a presentence investigation upon the offender's admission to | 4388 |
prison. The department shall provide the court with a summary of | 4389 |
an offender's progress while in prison prior to the release of the | 4390 |
offender. | 4391 |
Sec. 3923.233. Notwithstanding any provision of any | 4392 |
certificate furnished by an insurer in connection with or pursuant | 4393 |
to any group sickness and accident insurance policy delivered, | 4394 |
issued, renewed, or used, in or outside this state, on or after | 4395 |
January 1, 1985, and notwithstanding any provision of any policy | 4396 |
of insurance delivered, issued for delivery, renewed, or used, in | 4397 |
or outside this state, on or after January 1, 1985, whenever the | 4398 |
policy or certificate is subject to the jurisdiction of this state | 4399 |
and provides for reimbursement for any service that may be legally | 4400 |
performed by a certified nurse-midwife who is authorized under | 4401 |
section 4723.42 of the Revised Code to practice nurse-midwifery, | 4402 |
reimbursement under the policy or certificate shall not be denied | 4403 |
to a certified nurse-midwife performing the service in | 4404 |
collaboration with a licensed physician. The collaborating | 4405 |
physician shall be identified on an insurance claim form. | 4406 |
The cost of collaboration with a certified nurse-midwife by a | 4407 |
licensed physician as required under section 4723.43 of the | 4408 |
Revised Code is a reimbursable expense. | 4409 |
The division of any reimbursement payment for services | 4410 |
performed by a certified nurse-midwife between the nurse-midwife | 4411 |
and the nurse-midwife's collaborating physician shall be | 4412 |
determined and mutually agreed upon by the certified nurse-midwife | 4413 |
and the physician. The division of fees shall not be considered a | 4414 |
violation of division (B) | 4415 |
Revised Code. In no case shall the total fees charged exceed the | 4416 |
fee the physician would have charged had the physician provided | 4417 |
the entire service. | 4418 |
Sec. 3923.301. Every person, the state and any of its | 4419 |
instrumentalities, any county, township, school district, or other | 4420 |
political subdivision and any of its instrumentalities, and any | 4421 |
municipal corporation and any of its instrumentalities that | 4422 |
provides payment for health care benefits for any of its employees | 4423 |
resident in this state, which benefits are not provided by | 4424 |
contract with an insurer qualified to provide sickness and | 4425 |
accident insurance or a health insuring corporation, and that | 4426 |
includes reimbursement for any service that may be legally | 4427 |
performed by a certified nurse-midwife who is authorized under | 4428 |
section 4723.42 of the Revised Code to practice nurse-midwifery, | 4429 |
shall not deny reimbursement to a certified nurse-midwife | 4430 |
performing the service if the service is performed in | 4431 |
collaboration with a licensed physician. The collaborating | 4432 |
physician shall be identified on the claim form. | 4433 |
The cost of collaboration with a certified nurse-midwife by a | 4434 |
licensed physician as required under section 4723.43 of the | 4435 |
Revised Code is a reimbursable expense. | 4436 |
The division of any reimbursement payment for services | 4437 |
performed by a certified nurse-midwife between the nurse-midwife | 4438 |
and the nurse-midwife's collaborating physician shall be | 4439 |
determined and mutually agreed upon by the certified nurse-midwife | 4440 |
and the physician. The division of fees shall not be considered a | 4441 |
violation of
division (B) | 4442 |
Revised Code. In no case shall the total fees charged exceed the | 4443 |
fee the physician would have charged had the physician provided | 4444 |
the entire service. | 4445 |
Sec. 4507.50. (A) The registrar of motor vehicles or a | 4446 |
deputy registrar, upon receipt of an application filed in | 4447 |
compliance with section 4507.51 of the Revised Code by any person | 4448 |
who is a resident or a temporary resident of this state and, | 4449 |
except as otherwise provided in this section, is not licensed as | 4450 |
an operator of a motor vehicle in this state or another licensing | 4451 |
jurisdiction, and, except as provided in division (B) of this | 4452 |
section, upon receipt of a fee of three dollars and fifty cents, | 4453 |
shall issue an identification card to that person. | 4454 |
Any person who is a resident or temporary resident of this | 4455 |
state whose Ohio driver's or commercial driver's license has been | 4456 |
suspended or canceled, upon application in compliance with section | 4457 |
4507.51 of the Revised Code and, except as provided in division | 4458 |
(B) of this section, payment of a fee of three dollars and fifty | 4459 |
cents, may be issued a temporary identification card. The | 4460 |
temporary identification card shall be identical to an | 4461 |
identification card, except that it shall be printed on its face | 4462 |
with a statement that the card is valid during the effective dates | 4463 |
of the suspension or cancellation of the cardholder's license, or | 4464 |
until the birthday of the cardholder in the fourth year after the | 4465 |
date on which it is issued, whichever is shorter. The cardholder | 4466 |
shall surrender the identification card to the registrar or any | 4467 |
deputy registrar before the cardholder's driver's or commercial | 4468 |
driver's license is restored or reissued. | 4469 |
Except as provided in division (B) of this section, the | 4470 |
deputy registrar shall be allowed a fee of two dollars and | 4471 |
seventy-five cents commencing on July 1, 2001, three dollars and | 4472 |
twenty-five cents commencing on January 1, 2003, and three dollars | 4473 |
and fifty cents commencing on January 1, 2004, for each | 4474 |
identification card issued under this section. The fee allowed to | 4475 |
the deputy registrar shall be in addition to the fee for issuing | 4476 |
an identification card. | 4477 |
Neither the registrar nor any deputy registrar shall charge a | 4478 |
fee in excess of one dollar and fifty cents for laminating an | 4479 |
identification card or temporary identification card. A deputy | 4480 |
registrar laminating such a card shall retain the entire amount of | 4481 |
the fee charged for lamination, less the actual cost to the | 4482 |
registrar of the laminating materials used for that lamination, as | 4483 |
specified in the contract executed by the bureau for the | 4484 |
laminating materials and laminating equipment. The deputy | 4485 |
registrar shall forward the amount of the cost of the laminating | 4486 |
materials to the registrar for deposit as provided in this | 4487 |
section. | 4488 |
The fee collected for issuing an identification card under | 4489 |
this section, except the fee allowed to the deputy registrar, | 4490 |
shall be paid into the state treasury to the credit of the state | 4491 |
bureau of motor vehicles fund created in section 4501.25 of the | 4492 |
Revised Code. | 4493 |
(B)(1) A disabled veteran who has a service-connected | 4494 |
disability rated at one hundred per cent by the veterans' | 4495 |
administration may apply to the registrar or a deputy registrar | 4496 |
for the issuance to that veteran of an identification card or a | 4497 |
temporary identification card under this section without payment | 4498 |
of any fee prescribed in division (A) of this section, including | 4499 |
any lamination fee. | 4500 |
An application made under division (B)(1) of this section | 4501 |
shall be accompanied by such documentary evidence of disability as | 4502 |
the registrar may require by rule. | 4503 |
(2) A person who has been released from a state correctional | 4504 |
institution and has received an identification card from the | 4505 |
department of rehabilitation and correction under section 5120.59 | 4506 |
of the Revised Code may apply to the registrar or a deputy | 4507 |
registrar for the issuance to that person of an identification | 4508 |
card under this section without payment of any fee, including any | 4509 |
lamination fee, prescribed in division (A) of this section. | 4510 |
Sec. 4507.51. (A)(1) Every application for an identification | 4511 |
card or duplicate shall be made on a form furnished by the | 4512 |
registrar of motor vehicles, shall be signed by the applicant, and | 4513 |
by the applicant's parent or guardian if the applicant is under | 4514 |
eighteen years of age, and shall contain the following information | 4515 |
pertaining to the applicant: name, date of birth, sex, general | 4516 |
description including the applicant's height, weight, hair color, | 4517 |
and eye color, address, and social security number. The | 4518 |
application also shall state whether an applicant wishes to | 4519 |
certify willingness to make an anatomical gift under section | 4520 |
2108.04 of the Revised Code and shall include information about | 4521 |
the requirements of that section that apply to persons who are | 4522 |
less than eighteen years of age. The statement regarding | 4523 |
willingness to make such a donation shall be given no | 4524 |
consideration in the decision of whether to issue an | 4525 |
identification card. Each applicant shall be photographed in color | 4526 |
at the time of making application. | 4527 |
(2) The application also shall state whether the applicant | 4528 |
has executed a valid durable power of attorney for health care | 4529 |
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has | 4530 |
executed a declaration governing the use or continuation, or the | 4531 |
withholding or withdrawal, of life-sustaining treatment pursuant | 4532 |
to sections 2133.01 to 2133.15 of the Revised Code and, if the | 4533 |
applicant has executed either type of instrument, whether the | 4534 |
applicant wishes the identification card issued to indicate that | 4535 |
the applicant has executed the instrument. | 4536 |
(3) The registrar or deputy registrar, in accordance with | 4537 |
section 3503.11 of the Revised Code, shall register as an elector | 4538 |
any person who applies for an identification card or duplicate if | 4539 |
the applicant is eligible and wishes to be registered as an | 4540 |
elector. The decision of an applicant whether to register as an | 4541 |
elector shall be given no consideration in the decision of whether | 4542 |
to issue the applicant an identification card or duplicate. | 4543 |
(B) The application for an identification card or duplicate | 4544 |
shall be filed in the office of the registrar or deputy registrar. | 4545 |
Each applicant shall present documentary evidence as required by | 4546 |
the registrar of the applicant's age and identity, and the | 4547 |
applicant shall swear that all information given is true. An | 4548 |
identification card issued by the department of rehabilitation and | 4549 |
correction under section 5120.59 of the Revised Code shall be | 4550 |
sufficient documentary evidence under this division. Upon issuing | 4551 |
an identification card under this section for a person who has | 4552 |
been issued an identification card under section 5120.59 of the | 4553 |
Revised Code, the registrar or deputy registrar shall destroy the | 4554 |
identification card issued under section 5120.59 of the Revised | 4555 |
Code. | 4556 |
All applications for an identification card or duplicate | 4557 |
shall be filed in duplicate, and if submitted to a deputy | 4558 |
registrar, a copy shall be forwarded to the registrar. The | 4559 |
registrar shall prescribe rules for the manner in which a deputy | 4560 |
registrar is to file and maintain applications and other records. | 4561 |
The registrar shall maintain a suitable, indexed record of all | 4562 |
applications denied and cards issued or canceled. | 4563 |
Sec. 4701.16. (A) After notice and hearing as provided in | 4564 |
Chapter 119. of the Revised Code, the accountancy board may | 4565 |
discipline as described in division (B) of this section a person | 4566 |
holding an Ohio permit, an Ohio registration, a firm registration, | 4567 |
a CPA certificate, or a PA registration or any other person whose | 4568 |
activities are regulated by the board for any one or any | 4569 |
combination of the following causes: | 4570 |
(1) Fraud or deceit in obtaining a firm registration or in | 4571 |
obtaining a CPA certificate, a PA registration, an Ohio permit, or | 4572 |
an Ohio registration; | 4573 |
(2) Dishonesty, fraud, or gross negligence in the practice of | 4574 |
public accounting; | 4575 |
(3) Violation of any of the provisions of section 4701.14 of | 4576 |
the Revised Code; | 4577 |
(4) Violation of a rule of professional conduct promulgated | 4578 |
by the board under the authority granted by this chapter; | 4579 |
(5) | 4580 |
4581 |
| 4582 |
dishonesty or fraud, under the laws of any state or of the United | 4583 |
States; | 4584 |
| 4585 |
renew authority to practice as a certified public accountant, a | 4586 |
public accountant, or a public accounting firm by any other state, | 4587 |
for any cause other than failure to pay registration fees in that | 4588 |
other state; | 4589 |
| 4590 |
before any state or federal agency; | 4591 |
| 4592 |
registration to obtain an Ohio permit or an Ohio registration, or | 4593 |
the failure of a public accounting firm to obtain a firm | 4594 |
registration; | 4595 |
| 4596 |
profession or to the holder of an Ohio permit, Ohio registration, | 4597 |
or foreign certificate; | 4598 |
| 4599 |
section 4701.04 of the Revised Code. | 4600 |
(B) For any of the reasons specified in division (A) of this | 4601 |
section, the board may do any of the following: | 4602 |
(1) Revoke, suspend, or refuse to renew any CPA certificate | 4603 |
or PA registration or any Ohio permit, Ohio registration, or firm | 4604 |
registration; | 4605 |
(2) Disqualify a person who is not a holder of an Ohio permit | 4606 |
or a foreign certificate from owning an equity interest in a | 4607 |
public accounting firm or qualified firm; | 4608 |
(3) Publicly censure a registered firm or a holder of a CPA | 4609 |
certificate, a PA registration, an Ohio permit, or an Ohio | 4610 |
registration; | 4611 |
(4) Levy against a registered firm or a holder of a CPA | 4612 |
certificate, a PA registration, an Ohio permit, or an Ohio | 4613 |
registration a penalty or fine not to exceed five thousand dollars | 4614 |
for each offense. Any fine shall be reasonable and in relation to | 4615 |
the severity of the offense. | 4616 |
(5) In the case of violations of division (A)(2) or (4) of | 4617 |
this section, require completion of remedial continuing education | 4618 |
programs prescribed by the board in addition to those required by | 4619 |
section 4701.11 of the Revised Code; | 4620 |
(6) In the case of violations of division (A)(2) or (4) of | 4621 |
this section, require the holder of a CPA certificate, PA | 4622 |
registration, or firm registration to submit to a peer review by a | 4623 |
professional committee designated by the board, which committee | 4624 |
shall report to the board concerning that holder's compliance with | 4625 |
generally accepted accounting principles, generally accepted | 4626 |
auditing standards, or other generally accepted technical | 4627 |
standards; | 4628 |
(7) Revoke or suspend the privileges to offer or render | 4629 |
attest services in this state or to use a CPA title or designation | 4630 |
in this state of an individual who holds a foreign certificate. | 4631 |
(C) If the board levies a fine against or suspends the | 4632 |
certificate of a person or registration of a person or firm for a | 4633 |
violation of division (A)(2) or (4) of this section, it may waive | 4634 |
all or any portion of the fine or suspension if the holder of the | 4635 |
CPA certificate, PA registration, or firm registration complies | 4636 |
fully with division (B)(5) or (6) of this section. | 4637 |
Sec. 4703.15. (A) The state board of examiners of architects | 4638 |
may by three concurring votes deny renewal of, revoke, or suspend | 4639 |
any certificate of qualification to practice architecture, issued | 4640 |
or renewed under sections 4703.10, 4703.13, and 4703.14 of the | 4641 |
Revised Code, or any certificate of authorization, issued or | 4642 |
renewed under sections 4703.13 and 4703.18 of the Revised Code, if | 4643 |
proof satisfactory to the board is presented in any of the | 4644 |
following cases: | 4645 |
(1) In case it is shown that the certificate was obtained by | 4646 |
fraud; | 4647 |
(2) In case the holder of the certificate has been found | 4648 |
guilty by the board or by a court of justice of any fraud or | 4649 |
deceit in the holder's professional practice | 4650 |
4651 |
(3) In case the holder has been found guilty by the board of | 4652 |
gross negligence, incompetency, or misconduct in the performance | 4653 |
of the holder's services as an architect or in the practice of | 4654 |
architecture; | 4655 |
(4) In case the holder of the certificate has been found | 4656 |
guilty by the board of signing plans for the construction of a | 4657 |
building as a "registered architect" where the holder is not the | 4658 |
actual architect of such building and where the holder is without | 4659 |
prior written consent of the architect originating the design or | 4660 |
other documents used in the plans; | 4661 |
(5) In case the holder of the certificate has been found | 4662 |
guilty by the board of aiding and abetting another person or | 4663 |
persons not properly registered as required by sections 4703.01 to | 4664 |
4703.19 of the Revised Code, in the performance of activities that | 4665 |
in any manner or extent constitute the practice of architecture. | 4666 |
At any time after the expiration of six months from the date | 4667 |
of the revocation or suspension of a certificate, the individual, | 4668 |
firm, partnership, association, or corporation may apply for | 4669 |
reinstatement of the certificate. Upon showing that all loss | 4670 |
caused by the individual, firm, partnership, association, or | 4671 |
corporation whose certificate has been revoked or suspended has | 4672 |
been fully satisfied and that all conditions imposed by the | 4673 |
revocation or suspension decision have been complied with, and | 4674 |
upon the payment of all costs incurred by the board as a result of | 4675 |
the case at issue, the board, at its discretion and upon evidence | 4676 |
that in its opinion would so warrant, may restore the certificate. | 4677 |
(B) In addition to disciplinary action the board may take | 4678 |
against a certificate holder under division (A) of this section or | 4679 |
section 4703.151 of the Revised Code, the board may impose a fine | 4680 |
against a certificate holder who obtained a certificate by fraud | 4681 |
or who is found guilty of any act specified in divisions (A)(2) to | 4682 |
(A)(5) of this section or who violates any rule governing the | 4683 |
standards of service, conduct, and practice adopted pursuant to | 4684 |
section 4703.02 of the Revised Code. The fine imposed shall be not | 4685 |
more than one thousand dollars for each offense but shall not | 4686 |
exceed five thousand dollars regardless of the number of offenses | 4687 |
the certificate holder has committed between the time the fine is | 4688 |
imposed and the time any previous fine was imposed. | 4689 |
Sec. 4707.02. No person shall act as an auction firm, | 4690 |
auctioneer, apprentice auctioneer, or special auctioneer within | 4691 |
this state without a license issued by the department of | 4692 |
agriculture. No auction shall be conducted in this state except by | 4693 |
an auctioneer licensed by the department. | 4694 |
The department shall not issue or renew a license if the | 4695 |
applicant or licensee has been convicted of a | 4696 |
involving fraud or theft in this or another state at any time | 4697 |
during the ten years immediately preceding application or renewal. | 4698 |
This section does not apply to: | 4699 |
(A) Sales at auction that either are required by law to be at | 4700 |
auction, other than sales pursuant to a judicial order or decree, | 4701 |
or that are conducted by or under the direction of a public | 4702 |
authority; | 4703 |
(B) The owner of any real or personal property desiring to | 4704 |
sell the property at auction, provided that the property was not | 4705 |
acquired for the purpose of resale; | 4706 |
(C) An auction mediation company; | 4707 |
(D) An auction that is conducted in a course of study for | 4708 |
auctioneers that is approved by the state auctioneers commission | 4709 |
created under section 4707.03 of the Revised Code for purposes of | 4710 |
student training and is supervised by a licensed auctioneer; | 4711 |
(E) An auction that is sponsored by a nonprofit or charitable | 4712 |
organization that is registered in this state under Chapter 1702. | 4713 |
or Chapter 1716. of the Revised Code, respectively, if the auction | 4714 |
only involves the property of the members of the organization and | 4715 |
the auction is part of a fair that is organized by an agricultural | 4716 |
society under Chapter 1711. of the Revised Code or by the Ohio | 4717 |
expositions commission under Chapter 991. of the Revised Code at | 4718 |
which an auctioneer who is licensed under this chapter physically | 4719 |
conducts the auction; | 4720 |
(F) A person licensed as a livestock dealer under Chapter | 4721 |
943. of the Revised Code who exclusively sells livestock and uses | 4722 |
an auctioneer who is licensed under this chapter to conduct the | 4723 |
auction; | 4724 |
(G) A person licensed as a motor vehicle auction owner under | 4725 |
Chapter 4517. of the Revised Code who exclusively sells motor | 4726 |
vehicles and who uses an auctioneer who is licensed under this | 4727 |
chapter to conduct the auction; | 4728 |
(H) A person who sells real or personal property by means of | 4729 |
the internet. | 4730 |
Sec. 4709.13. (A) The barber board may refuse to issue or | 4731 |
renew or may suspend or revoke or impose conditions upon any | 4732 |
license issued pursuant to this chapter for any one or more of the | 4733 |
following causes: | 4734 |
(1) Conviction of a | 4735 |
4736 | |
related to the fitness or ability of the applicant or licensee to | 4737 |
perform the duties and meet the responsibilities of a barber; | 4738 |
(2) Advertising by means of knowingly false or deceptive | 4739 |
statements; | 4740 |
(3) Habitual drunkenness or possession of or addiction to the | 4741 |
use of any controlled drug prohibited by state or federal law; | 4742 |
(4) Immoral or unprofessional conduct; | 4743 |
(5) Continuing to be employed in a barber shop wherein rules | 4744 |
of the board or department of health are violated; | 4745 |
(6) Employing any person who does not have a current Ohio | 4746 |
license to perform the practice of barbering; | 4747 |
(7) Owning, managing, operating, or controlling any barber | 4748 |
school or portion thereof, wherein the practice of barbering is | 4749 |
carried on, whether in the same building or not, without | 4750 |
displaying a sign at all entrances to the places where the | 4751 |
barbering is carried on, indicating that the work therein is done | 4752 |
by students exclusively; | 4753 |
(8) Owning, managing, operating, or controlling any barber | 4754 |
shop, unless it displays a recognizable sign or barber pole | 4755 |
indicating that it is a barber shop, and the sign or pole is | 4756 |
clearly visible at the main entrance to the shop; | 4757 |
(9) Violating any sanitary rules approved by the department | 4758 |
of health or the board; | 4759 |
(10) Employing another person to perform or | 4760 |
personally perform the practice of barbering in a licensed barber | 4761 |
shop unless that person is licensed as a barber under this | 4762 |
chapter; | 4763 |
(11) Gross incompetence. | 4764 |
(B) Prior to taking any action under division (A) of this | 4765 |
section, the board shall provide the person with a statement of | 4766 |
the charges against | 4767 |
place of a hearing on the charges. The board shall conduct the | 4768 |
hearing according to Chapter 119. of the Revised Code. Any person | 4769 |
dissatisfied with a decision of the board may appeal the board's | 4770 |
decision to the court of common pleas in Franklin county. | 4771 |
(C) The board may adopt rules in accordance with Chapter 119. | 4772 |
of the Revised Code, specifying additional grounds upon which the | 4773 |
board may take action under division (A) of this section. | 4774 |
Sec. 4712.03. After notice and a hearing conducted in | 4775 |
accordance with Chapter 119. of the Revised Code, the | 4776 |
superintendent of financial institutions may suspend, revoke, or | 4777 |
refuse to issue or renew a certificate of registration if any of | 4778 |
the following conditions applies to the applicant for registration | 4779 |
or registrant: | 4780 |
(A) The applicant or registrant obtained a certificate of | 4781 |
registration through any false or fraudulent representation or | 4782 |
made any substantial misrepresentation in any registration | 4783 |
application. | 4784 |
(B) The applicant or registrant made false promises through | 4785 |
advertising or other means or engaged in a continued course of | 4786 |
misrepresentations. | 4787 |
(C) The applicant or registrant violated any provision of | 4788 |
Chapter 1345. or sections 4712.01 to 4712.14 of the Revised Code | 4789 |
or the rules adopted thereunder. | 4790 |
(D) The applicant or registrant was convicted, in a court of | 4791 |
competent jurisdiction of this state or any other state, of | 4792 |
4793 | |
related to the fitness or ability of the applicant or registrant | 4794 |
to perform the duties and meet the responsibilities of a credit | 4795 |
services organization or failed to notify the division of | 4796 |
financial institutions of any such conviction. | 4797 |
(E) The applicant or registrant engaged in conduct that | 4798 |
constituted improper, fraudulent, or dishonest dealings. | 4799 |
Sec. 4715.30. (A) The holder of a certificate or license | 4800 |
issued under this chapter is subject to disciplinary action by the | 4801 |
state dental board for any of the following reasons: | 4802 |
(1) Employing or cooperating in fraud or material deception | 4803 |
in applying for or obtaining a license or certificate; | 4804 |
(2) Obtaining or attempting to obtain money or anything of | 4805 |
value by intentional misrepresentation or material deception in | 4806 |
the course of practice; | 4807 |
(3) Advertising services in a false or misleading manner or | 4808 |
violating the board's rules governing time, place, and manner of | 4809 |
advertising; | 4810 |
(4) Conviction of a | 4811 |
4812 | |
to the fitness or ability of the applicant, certificate holder, or | 4813 |
licensee to perform the duties and meet the responsibilities of a | 4814 |
dentist or dental hygienist; | 4815 |
(5) Engaging in lewd or immoral conduct in connection with | 4816 |
the provision of dental services; | 4817 |
(6) Selling, prescribing, giving away, or administering drugs | 4818 |
for other than legal and legitimate therapeutic purposes, or | 4819 |
conviction of violating any law of this state or the federal | 4820 |
government regulating the possession, distribution, or use of any | 4821 |
drug; | 4822 |
(7) Providing or allowing dental hygienists, expanded | 4823 |
function dental auxiliaries, or other practitioners of auxiliary | 4824 |
dental occupations working under the certificate or license | 4825 |
holder's supervision, or a dentist holding a temporary limited | 4826 |
continuing education license under division (C) of section 4715.16 | 4827 |
of the Revised Code working under the certificate or license | 4828 |
holder's direct supervision, to provide dental care that departs | 4829 |
from or fails to conform to accepted standards for the profession, | 4830 |
whether or not injury to a patient results; | 4831 |
(8) Inability to practice under accepted standards of the | 4832 |
profession because of physical or mental disability, dependence on | 4833 |
alcohol or other drugs, or excessive use of alcohol or other | 4834 |
drugs; | 4835 |
(9) Violation of any provision of this chapter or any rule | 4836 |
adopted thereunder; | 4837 |
(10) Failure to use universal blood and body fluid | 4838 |
precautions established by rules adopted under section 4715.03 of | 4839 |
the Revised Code; | 4840 |
(11) Waiving the payment of all or any part of a deductible | 4841 |
or copayment that a patient, pursuant to a health insurance or | 4842 |
health care policy, contract, or plan that covers dental services, | 4843 |
would otherwise be required to pay if the waiver is used as an | 4844 |
enticement to a patient or group of patients to receive health | 4845 |
care services from that provider. | 4846 |
(12) Advertising that the certificate or license holder will | 4847 |
waive the payment of all or any part of a deductible or copayment | 4848 |
that a patient, pursuant to a health insurance or health care | 4849 |
policy, contract, or plan that covers dental services, would | 4850 |
otherwise be required to pay. | 4851 |
(B) A manager, proprietor, operator, or conductor of a dental | 4852 |
facility shall be subject to disciplinary action if any dentist, | 4853 |
dental hygienist, expanded function dental auxiliary, or qualified | 4854 |
personnel providing services in the facility is found to have | 4855 |
committed a violation listed in division (A) of this section and | 4856 |
the manager, proprietor, operator, or conductor knew of the | 4857 |
violation and permitted it to occur on a recurring basis. | 4858 |
(C) Subject to Chapter 119. of the Revised Code, the board | 4859 |
may take one or more of the following disciplinary actions if one | 4860 |
or more of the grounds for discipline listed in divisions (A) and | 4861 |
(B) of this section exist: | 4862 |
(1) Censure the license or certificate holder; | 4863 |
(2) Place the license or certificate on probationary status | 4864 |
for such period of time the board determines necessary and require | 4865 |
the holder to: | 4866 |
(a) Report regularly to the board upon the matters which are | 4867 |
the basis of probation; | 4868 |
(b) Limit practice to those areas specified by the board; | 4869 |
(c) Continue or renew professional education until a | 4870 |
satisfactory degree of knowledge or clinical competency has been | 4871 |
attained in specified areas. | 4872 |
(3) Suspend the certificate or license; | 4873 |
(4) Revoke the certificate or license. | 4874 |
Where the board places a holder of a license or certificate | 4875 |
on probationary status pursuant to division (C)(2) of this | 4876 |
section, the board may subsequently suspend or revoke the license | 4877 |
or certificate if it determines that the holder has not met the | 4878 |
requirements of the probation or continues to engage in activities | 4879 |
that constitute grounds for discipline pursuant to division (A) or | 4880 |
(B) of this section. | 4881 |
Any order suspending a license or certificate shall state the | 4882 |
conditions under which the license or certificate will be | 4883 |
restored, which may include a conditional restoration during which | 4884 |
time the holder is in a probationary status pursuant to division | 4885 |
(C)(2) of this section. The board shall restore the license or | 4886 |
certificate unconditionally when such conditions are met. | 4887 |
(D) If the physical or mental condition of a license or | 4888 |
certificate holder is at issue in a disciplinary proceeding, the | 4889 |
board may order the license or certificate holder to submit to | 4890 |
reasonable examinations by an individual designated or approved by | 4891 |
the board and at the board's expense. The physical examination may | 4892 |
be conducted by any individual authorized by the Revised Code to | 4893 |
do so, including a physician assistant, a clinical nurse | 4894 |
specialist, a certified nurse practitioner, or a certified | 4895 |
nurse-midwife. Any written documentation of the physical | 4896 |
examination shall be completed by the individual who conducted the | 4897 |
examination. | 4898 |
Failure to comply with an order for an examination shall be | 4899 |
grounds for summary suspension of a license or certificate under | 4900 |
division (E) of this section. | 4901 |
(E) If the board has reason to believe that the holder | 4902 |
represents a clear and immediate danger to the public health and | 4903 |
safety if the holder is allowed to continue to practice, or if the | 4904 |
holder has failed to comply with an order under division (D) of | 4905 |
this section, the board may apply to the court of common pleas of | 4906 |
the county in which the holder resides for an order temporarily | 4907 |
suspending the holder's license or certificate, without a prior | 4908 |
hearing being afforded by the board, until the board conducts an | 4909 |
adjudication hearing pursuant to Chapter 119. of the Revised Code. | 4910 |
If the court temporarily suspends a holder's license or | 4911 |
certificate, the board shall give written notice of the suspension | 4912 |
personally or by certified mail to the license or certificate | 4913 |
holder. Such notice shall include specific facts and reasons for | 4914 |
finding a clear and immediate danger to the public health and | 4915 |
safety and shall inform the license or certificate holder of the | 4916 |
right to a hearing pursuant to Chapter 119. of the Revised Code. | 4917 |
(F) Any holder of a certificate or license issued under this | 4918 |
chapter who has pleaded guilty to, has been convicted of, or has | 4919 |
had a judicial finding of eligibility for intervention in lieu of | 4920 |
conviction entered against the holder in this state for aggravated | 4921 |
murder, murder, voluntary manslaughter, felonious assault, | 4922 |
kidnapping, rape, sexual battery, gross sexual imposition, | 4923 |
aggravated arson, aggravated robbery, or aggravated burglary, or | 4924 |
who has pleaded guilty to, has been convicted of, or has had a | 4925 |
judicial finding of eligibility for treatment or intervention in | 4926 |
lieu of conviction entered against the holder in another | 4927 |
jurisdiction for any substantially equivalent criminal offense, is | 4928 |
automatically suspended from practice under this chapter in this | 4929 |
state and any certificate or license issued to the holder under | 4930 |
this chapter is automatically suspended, as of the date of the | 4931 |
guilty plea, conviction, or judicial finding, whether the | 4932 |
proceedings are brought in this state or another jurisdiction. | 4933 |
Continued practice by an individual after the suspension of the | 4934 |
individual's certificate or license under this division shall be | 4935 |
considered practicing without a certificate or license. The board | 4936 |
shall notify the suspended individual of the suspension of the | 4937 |
individual's certificate or license under this division by | 4938 |
certified mail or in person in accordance with section 119.07 of | 4939 |
the Revised Code. If an individual whose certificate or license is | 4940 |
suspended under this division fails to make a timely request for | 4941 |
an adjudicatory hearing, the board shall enter a final order | 4942 |
revoking the individual's certificate or license. | 4943 |
(G) Notwithstanding divisions (A)(11) and (12) of this | 4944 |
section, sanctions shall not be imposed against any licensee who | 4945 |
waives deductibles and copayments: | 4946 |
(1) In compliance with the health benefit plan that expressly | 4947 |
allows such a practice. Waiver of the deductibles or copayments | 4948 |
shall be made only with the full knowledge and consent of the plan | 4949 |
purchaser, payer, and third-party administrator. Such consent | 4950 |
shall be made available to the board upon request. | 4951 |
(2) For professional services rendered to any other person | 4952 |
licensed pursuant to this chapter to the extent allowed by this | 4953 |
chapter and the rules of the board. | 4954 |
Sec. 4717.14. (A) The board of embalmers and funeral | 4955 |
directors may refuse to grant or renew, or may suspend or revoke, | 4956 |
any license issued under this chapter for any of the following | 4957 |
reasons: | 4958 |
(1) The license was obtained by fraud or misrepresentation | 4959 |
either in the application or in passing the examination. | 4960 |
(2) The applicant or licensee has been convicted of | 4961 |
4962 | |
4963 | |
ability of the applicant or licensee to perform the duties and | 4964 |
meet the responsibilities of an embalmer or funeral director. | 4965 |
(3) The applicant or licensee has purposely violated any | 4966 |
provision of sections 4717.01 to 4717.15 or a rule adopted under | 4967 |
any of those sections; division (A) or (B) of section 4717.23; | 4968 |
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), | 4969 |
or divisions (H) to (K) of section 4717.26; division (D)(1) of | 4970 |
section 4717.27; or divisions (A) to (C) of section 4717.28 of the | 4971 |
Revised Code; any rule or order of the department of health or a | 4972 |
board of health of a health district governing the disposition of | 4973 |
dead human bodies; or any other rule or order applicable to the | 4974 |
applicant or licensee. | 4975 |
(4) The applicant or licensee has committed immoral or | 4976 |
unprofessional conduct. | 4977 |
(5) The applicant or licensee knowingly permitted an | 4978 |
unlicensed person, other than a person serving an apprenticeship, | 4979 |
to engage in the profession or business of embalming or funeral | 4980 |
directing under the applicant's or licensee's supervision. | 4981 |
(6) The applicant or licensee has been habitually | 4982 |
intoxicated, or is addicted to the use of morphine, cocaine, or | 4983 |
other habit-forming or illegal drugs. | 4984 |
(7) The applicant or licensee has refused to promptly submit | 4985 |
the custody of a dead human body upon the express order of the | 4986 |
person legally entitled to the body. | 4987 |
(8) The licensee loaned the licensee's own license, or the | 4988 |
applicant or licensee borrowed or used the license of another | 4989 |
person, or knowingly aided or abetted the granting of an improper | 4990 |
license. | 4991 |
(9) The applicant or licensee transferred a license to | 4992 |
operate a funeral home, embalming facility, or crematory from one | 4993 |
owner or operator to another, or from one location to another, | 4994 |
without notifying the board. | 4995 |
(10) The applicant or licensee mislead the public by using | 4996 |
false or deceptive advertising. | 4997 |
(B)(1) The board of embalmers and funeral directors shall | 4998 |
refuse to grant or renew, or shall suspend or revoke, an | 4999 |
embalmer's, funeral director's, funeral home, or embalming | 5000 |
facility license only in accordance with Chapter 119. of the | 5001 |
Revised Code. | 5002 |
(2) The board shall send to the crematory review board | 5003 |
written notice that it proposes to refuse to issue or renew, or | 5004 |
proposes to suspend or revoke, a license to operate a crematory | 5005 |
facility. If, after the conclusion of the adjudicatory hearing on | 5006 |
the matter conducted under division (E) of section 4717.03 of the | 5007 |
Revised Code, the board of embalmers and funeral directors finds | 5008 |
that any of the circumstances described in divisions (A)(1) to | 5009 |
(10) of this section apply to the person named in its proposed | 5010 |
action, the board may issue a final order under division (E) of | 5011 |
section 4717.03 of the Revised Code refusing to issue or renew, or | 5012 |
suspending or revoking, the person's license to operate a | 5013 |
crematory facility. | 5014 |
(C) If the board of embalmers and funeral directors | 5015 |
determines that there is clear and convincing evidence that any of | 5016 |
the circumstances described in divisions (A)(1) to (10) of this | 5017 |
section apply to the holder of a license issued under this chapter | 5018 |
and that the licensee's continued practice presents a danger of | 5019 |
immediate and serious harm to the public, the board may suspend | 5020 |
the licensee's license without a prior adjudicatory hearing. The | 5021 |
executive director of the board shall prepare written allegations | 5022 |
for consideration by the board. | 5023 |
The board, after reviewing the written allegations, may | 5024 |
suspend a license without a prior hearing. | 5025 |
The board shall issue a written order of suspension by | 5026 |
certified mail or in person in accordance with section 119.07 of | 5027 |
the Revised Code. Such an order is not subject to suspension by | 5028 |
the court during the pendency of any appeal filed under section | 5029 |
119.12 of the Revised Code. If the holder of an embalmer's, | 5030 |
funeral director's, funeral home, or embalming facility license | 5031 |
requests an adjudicatory hearing by the board, the date set for | 5032 |
the hearing shall be within fifteen days, but not earlier than | 5033 |
seven days, after the licensee has requested a hearing, unless the | 5034 |
board and the licensee agree to a different time for holding the | 5035 |
hearing. | 5036 |
Upon issuing a written order of suspension to the holder of a | 5037 |
license to operate a crematory facility, the board of embalmers | 5038 |
and funeral directors shall send written notice of the issuance of | 5039 |
the order to the crematory review board. The crematory review | 5040 |
board shall hold an adjudicatory hearing on the order under | 5041 |
division (E) of section 4717.03 of the Revised Code within fifteen | 5042 |
days, but not earlier than seven days, after the issuance of the | 5043 |
order, unless the crematory review board and the licensee agree to | 5044 |
a different time for holding the adjudicatory hearing. | 5045 |
Any summary suspension imposed under this division shall | 5046 |
remain in effect, unless reversed on appeal, until a final | 5047 |
adjudicatory order issued by the board of embalmers and funeral | 5048 |
directors pursuant to this division and Chapter 119. of the | 5049 |
Revised Code, or division (E) of section 4717.03 of the Revised | 5050 |
Code, as applicable, becomes effective. The board of embalmers and | 5051 |
funeral directors shall issue its final adjudicatory order within | 5052 |
sixty days after the completion of its hearing or, in the case of | 5053 |
the summary suspension of a license to operate a crematory | 5054 |
facility, within sixty days after completion of the adjudicatory | 5055 |
hearing by the crematory review board. A failure to issue the | 5056 |
order within that time results in the dissolution of the summary | 5057 |
suspension order, but does not invalidate any subsequent final | 5058 |
adjudicatory order. | 5059 |
(D) Any holder of a license issued under this chapter who has | 5060 |
pleaded guilty to, has been found by a judge or jury to be guilty | 5061 |
of, or has had a judicial finding of eligibility for treatment in | 5062 |
lieu of conviction entered against the individual in this state | 5063 |
for aggravated murder, murder, voluntary manslaughter, felonious | 5064 |
assault, kidnapping, rape, sexual battery, gross sexual | 5065 |
imposition, aggravated arson, aggravated robbery, or aggravated | 5066 |
burglary, or who has pleaded guilty to, has been found by a judge | 5067 |
or jury to be guilty of, or has had a judicial finding of | 5068 |
eligibility for treatment in lieu of conviction entered against | 5069 |
the individual in another jurisdiction for any substantially | 5070 |
equivalent criminal offense, is hereby suspended from practice | 5071 |
under this chapter by operation of law, and any license issued to | 5072 |
the individual under this chapter is hereby suspended by operation | 5073 |
of law as of the date of the guilty plea, verdict or finding of | 5074 |
guilt, or judicial finding of eligibility for treatment in lieu of | 5075 |
conviction, regardless of whether the proceedings are brought in | 5076 |
this state or another jurisdiction. The board shall notify the | 5077 |
suspended individual of the suspension of the individual's license | 5078 |
by the operation of this division by certified mail or in person | 5079 |
in accordance with section 119.07 of the Revised Code. If an | 5080 |
individual whose license is suspended under this division fails to | 5081 |
make a timely request for an adjudicatory hearing, the board shall | 5082 |
enter a final order revoking the license. | 5083 |
(E) No person whose license has been suspended or revoked | 5084 |
under or by the operation of this section shall practice embalming | 5085 |
or funeral directing or operate a funeral home, embalming | 5086 |
facility, or crematory facility until the board has reinstated the | 5087 |
person's license. | 5088 |
Sec. 4719.03. (A) Except as otherwise provided in division | 5089 |
(B) of this section, the attorney general shall issue a | 5090 |
certificate of registration or registration renewal as a telephone | 5091 |
solicitor to any applicant or registrant that submits a completed | 5092 |
application for the certificate, as specified under section | 5093 |
4719.02 of the Revised Code, and pays, as applicable, the | 5094 |
registration fee or renewal fee prescribed pursuant to rule of the | 5095 |
attorney general adopted under section 4719.10 of the Revised | 5096 |
Code. All fees collected under this division shall be deposited | 5097 |
into the state treasury to the credit of the telemarketing fraud | 5098 |
enforcement fund created in section 4719.17 of the Revised Code. | 5099 |
The certificate of registration or registration renewal shall | 5100 |
expire one year after the date on which it is issued. | 5101 |
(B) After an adjudication conducted in accordance with | 5102 |
Chapter 119. of the Revised Code, the attorney general may deny a | 5103 |
certificate of registration or registration renewal or may suspend | 5104 |
or revoke a certificate if the attorney general finds, by a | 5105 |
preponderance of the evidence, that any of the following | 5106 |
conditions apply: | 5107 |
(1) The applicant or registrant obtained a certificate of | 5108 |
registration or registration renewal through any false or | 5109 |
fraudulent representation or made any material misrepresentation | 5110 |
in any registration application. | 5111 |
(2) The applicant or registrant made false promises through | 5112 |
advertising or other means or engaged in a continued course of | 5113 |
misrepresentations. | 5114 |
(3) The applicant or registrant violated any provision of | 5115 |
Chapter 1345. or sections 4719.01 to 4719.18 of the Revised Code | 5116 |
or a rule adopted under that chapter or those sections. | 5117 |
(4) In a court of competent jurisdiction of this state or any | 5118 |
other state or of the United States, the applicant or registrant | 5119 |
was convicted of, pleaded guilty to, or entered a plea of no | 5120 |
contest for | 5121 |
racketeering, a violation of federal or state securities law, or a | 5122 |
theft offense as defined in section 2913.01 of the Revised Code or | 5123 |
in a similar law of any other state or of the United States, or | 5124 |
failed to notify the attorney general of any conviction of that | 5125 |
type as required under division (H) of section 4719.08 of the | 5126 |
Revised Code. | 5127 |
(5) The applicant or registrant engaged in conduct that | 5128 |
constituted improper, fraudulent, or dishonest dealings. | 5129 |
Sec. 4723.07. In accordance with Chapter 119. of the Revised | 5130 |
Code, the board of nursing shall adopt and may amend and rescind | 5131 |
rules that establish all of the following: | 5132 |
(A) Provisions for the board's government and control of its | 5133 |
actions and business affairs; | 5134 |
(B) Minimum curricula and standards for nursing education | 5135 |
programs that prepare graduates to be licensed under this chapter | 5136 |
and procedures for granting, renewing, and withdrawing approval of | 5137 |
those programs; | 5138 |
(C) Criteria that applicants for licensure must meet to be | 5139 |
eligible to take examinations for licensure; | 5140 |
(D) Standards and procedures for renewal of the licenses and | 5141 |
certificates issued by the board; | 5142 |
(E) Standards for approval of continuing nursing education | 5143 |
programs and courses for registered nurses, licensed practical | 5144 |
nurses, certified registered nurse anesthetists, clinical nurse | 5145 |
specialists, certified nurse-midwives, and certified nurse | 5146 |
practitioners. The standards may provide for approval of | 5147 |
continuing nursing education programs and courses that have been | 5148 |
approved by other state boards of nursing or by national | 5149 |
accreditation systems for nursing, including, but not limited to, | 5150 |
the American nurses' credentialing center and the national | 5151 |
association for practical nurse education and service. | 5152 |
(F) Standards that persons must meet to be authorized by the | 5153 |
board to approve continuing nursing education programs and courses | 5154 |
and a schedule by which that authorization expires and may be | 5155 |
renewed; | 5156 |
(G) Requirements, including continuing education | 5157 |
requirements, for restoring inactive nursing licenses, dialysis | 5158 |
technician certificates, and community health worker certificates, | 5159 |
and for restoring nursing licenses, dialysis technician | 5160 |
certificates, and community health worker certificates that have | 5161 |
lapsed through failure to renew; | 5162 |
(H) Conditions that may be imposed for reinstatement of a | 5163 |
nursing license, dialysis technician certificate, or community | 5164 |
health worker certificate following action taken under section | 5165 |
3123.47, 4723.28, 4723.281, or 4723.86 of the Revised Code | 5166 |
resulting in a license or certificate suspension; | 5167 |
(I) Standards for approval of peer support programs for | 5168 |
persons who hold a nursing license, dialysis technician | 5169 |
certificate, or community health worker certificate; | 5170 |
(J) Requirements for board approval of courses in medication | 5171 |
administration by licensed practical nurses; | 5172 |
(K) Criteria for evaluating the qualifications of an | 5173 |
applicant for a license to practice nursing as a registered nurse | 5174 |
or licensed practical nurse, a certificate of authority issued | 5175 |
under division (E) of section 4723.41 of the Revised Code, a | 5176 |
dialysis technician certificate, or a community health worker | 5177 |
certificate by the board's endorsement of the applicant's | 5178 |
authority to practice issued by the licensing agency of another | 5179 |
state; | 5180 |
(L) Universal blood and body fluid precautions that shall be | 5181 |
used by each person holding a nursing license or dialysis | 5182 |
technician certificate issued under this chapter who performs | 5183 |
exposure-prone invasive procedures. The rules shall define and | 5184 |
establish requirements for universal blood and body fluid | 5185 |
precautions that include the following: | 5186 |
(1) Appropriate use of hand washing; | 5187 |
(2) Disinfection and sterilization of equipment; | 5188 |
(3) Handling and disposal of needles and other sharp | 5189 |
instruments; | 5190 |
(4) Wearing and disposal of gloves and other protective | 5191 |
garments and devices. | 5192 |
(M) Standards and procedures for approving certificates of | 5193 |
authority to practice nursing as a certified registered nurse | 5194 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 5195 |
or certified nurse practitioner, and for renewal of those | 5196 |
certificates; | 5197 |
(N) Quality assurance standards for certified registered | 5198 |
nurse anesthetists, clinical nurse specialists, certified | 5199 |
nurse-midwives, or certified nurse practitioners; | 5200 |
(O) Additional criteria for the standard care arrangement | 5201 |
required by section 4723.431 of the Revised Code entered into by a | 5202 |
clinical nurse specialist, certified nurse-midwife, or certified | 5203 |
nurse practitioner and the nurse's collaborating physician or | 5204 |
podiatrist; | 5205 |
(P) Continuing education standards for clinical nurse | 5206 |
specialists who are exempt under division (C) of section 4723.41 | 5207 |
of the Revised Code from the requirement of having passed a | 5208 |
certification examination; | 5209 |
(Q) For purposes of division (B) | 5210 |
of the Revised Code, the actions, omissions, or other | 5211 |
circumstances that constitute failure to establish and maintain | 5212 |
professional boundaries with a patient. | 5213 |
The board may adopt other rules necessary to carry out the | 5214 |
provisions of this chapter. The rules shall be adopted in | 5215 |
accordance with Chapter 119. of the Revised Code. | 5216 |
Sec. 4723.28. (A) The board of nursing, by a vote of a | 5217 |
quorum, may revoke or may refuse to grant a nursing license, | 5218 |
certificate of authority, or dialysis technician certificate to a | 5219 |
person found by the board to have committed fraud in passing an | 5220 |
examination required to obtain the license, certificate of | 5221 |
authority, or dialysis technician certificate or to have committed | 5222 |
fraud, misrepresentation, or deception in applying for or securing | 5223 |
any nursing license, certificate of authority, or dialysis | 5224 |
technician certificate issued by the board. | 5225 |
(B) Subject to division (N) of this section, the board of | 5226 |
nursing, by a vote of a quorum, may impose one or more of the | 5227 |
following sanctions: deny, revoke, suspend, or place restrictions | 5228 |
on any nursing license, certificate of authority, or dialysis | 5229 |
technician certificate issued by the board; reprimand or otherwise | 5230 |
discipline a holder of a nursing license, certificate of | 5231 |
authority, or dialysis technician certificate; or impose a fine of | 5232 |
not more than five hundred dollars per violation. The sanctions | 5233 |
may be imposed for any of the following: | 5234 |
(1) Denial, revocation, suspension, or restriction of | 5235 |
authority to practice a health care occupation, including nursing | 5236 |
or practice as a dialysis technician, for any reason other than a | 5237 |
failure to renew, in Ohio or another state or jurisdiction; | 5238 |
(2) Engaging in the practice of nursing or engaging in | 5239 |
practice as a dialysis technician, having failed to renew a | 5240 |
nursing license or dialysis technician certificate issued under | 5241 |
this chapter, or while a nursing license or dialysis technician | 5242 |
certificate is under suspension; | 5243 |
(3) Conviction of, a plea of guilty to, a judicial finding of | 5244 |
guilt of, a judicial finding of guilt resulting from a plea of no | 5245 |
contest to, or a judicial finding of eligibility for intervention | 5246 |
in lieu of conviction for, a misdemeanor committed in the course | 5247 |
of practice; | 5248 |
(4) Conviction of, a plea of guilty to, a judicial finding of | 5249 |
guilt of, a judicial finding of guilt resulting from a plea of no | 5250 |
contest to, or a judicial finding of eligibility for intervention | 5251 |
in
lieu of conviction for | 5252 |
5253 | |
related to the person's fitness or ability to perform the duties | 5254 |
and responsibilities of a nursing licensee or a holder of a | 5255 |
certificate of authority or dialysis technician certificate under | 5256 |
this chapter; | 5257 |
(5) Selling, giving away, or administering drugs or | 5258 |
therapeutic devices for other than legal and legitimate | 5259 |
therapeutic purposes; or conviction of, a plea of guilty to, a | 5260 |
judicial finding of guilt of, a judicial finding of guilt | 5261 |
resulting from a plea of no contest to, or a judicial finding of | 5262 |
eligibility for intervention in lieu of conviction for, violating | 5263 |
any municipal, state, county, or federal drug law; | 5264 |
(6) Conviction of, a plea of guilty to, a judicial finding of | 5265 |
guilt of, a judicial finding of guilt resulting from a plea of no | 5266 |
contest to, or a judicial finding of eligibility for intervention | 5267 |
in lieu of conviction for, an act in another jurisdiction that | 5268 |
would
| 5269 |
constitute a criminal offense substantially related to the | 5270 |
person's fitness or ability to perform the duties and | 5271 |
responsibilities of a nursing licensee or a holder of a | 5272 |
certificate of authority or dialysis technician certificate under | 5273 |
this chapter; | 5274 |
(7) | 5275 |
5276 | |
5277 | |
5278 | |
5279 |
| 5280 |
dangerous drug, as defined in section 4729.01 of the Revised Code, | 5281 |
in any way not in accordance with a legal, valid prescription | 5282 |
issued for that individual; | 5283 |
| 5284 |
substances, other habit-forming drugs, or alcohol or other | 5285 |
chemical substances to an extent that impairs ability to practice; | 5286 |
| 5287 |
acceptable and prevailing standards of safe nursing care because | 5288 |
of habitual or excessive use of drugs, alcohol, or other chemical | 5289 |
substances that impair the ability to practice; | 5290 |
| 5291 |
acceptable and prevailing standards of safe nursing care because | 5292 |
of a physical or mental disability; | 5293 |
| 5294 |
a patient of the means to summon assistance; | 5295 |
| 5296 |
of value by intentional misrepresentation or material deception in | 5297 |
the course of practice; | 5298 |
| 5299 |
ill or mentally incompetent. The board may restore the person's | 5300 |
nursing license or dialysis technician certificate upon | 5301 |
adjudication by a probate court of the person's restoration to | 5302 |
competency or upon submission to the board of other proof of | 5303 |
competency. | 5304 |
| 5305 |
department of defense or the veterans administration of the United | 5306 |
States for any act that violates or would violate this chapter; | 5307 |
| 5308 |
it; | 5309 |
| 5310 |
license or dialysis technician certificate by the board; | 5311 |
| 5312 |
precautions established by rules adopted under section 4723.07 of | 5313 |
the Revised Code; | 5314 |
| 5315 |
and prevailing standards of safe nursing care or safe dialysis | 5316 |
care; | 5317 |
| 5318 |
activities that exceed the practice of nursing as a registered | 5319 |
nurse; | 5320 |
| 5321 |
in activities that exceed the practice of nursing as a licensed | 5322 |
practical nurse; | 5323 |
| 5324 |
activities that exceed those permitted under section 4723.72 of | 5325 |
the Revised Code; | 5326 |
| 5327 |
practice of nursing without a license or practice as a dialysis | 5328 |
technician without a certificate issued under this chapter; | 5329 |
| 5330 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 5331 |
or certified nurse practitioner, except as provided in division | 5332 |
(M) of this section, either of the following: | 5333 |
(a) Waiving the payment of all or any part of a deductible or | 5334 |
copayment that a patient, pursuant to a health insurance or health | 5335 |
care policy, contract, or plan that covers such nursing services, | 5336 |
would otherwise be required to pay if the waiver is used as an | 5337 |
enticement to a patient or group of patients to receive health | 5338 |
care services from that provider; | 5339 |
(b) Advertising that the nurse will waive the payment of all | 5340 |
or any part of a deductible or copayment that a patient, pursuant | 5341 |
to a health insurance or health care policy, contract, or plan | 5342 |
that covers such nursing services, would otherwise be required to | 5343 |
pay. | 5344 |
| 5345 |
participation in the chemical dependency monitoring program | 5346 |
established under section 4723.35 of the Revised Code; | 5347 |
| 5348 |
required under the practice intervention and improvement program | 5349 |
established under section 4723.282 of the Revised Code; | 5350 |
| 5351 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 5352 |
or certified nurse practitioner: | 5353 |
(a) Engaging in activities that exceed those permitted for | 5354 |
the nurse's nursing specialty under section 4723.43 of the Revised | 5355 |
Code; | 5356 |
(b) Failure to meet the quality assurance standards | 5357 |
established under section 4723.07 of the Revised Code. | 5358 |
| 5359 |
certified nurse-midwife, or certified nurse practitioner, failure | 5360 |
to maintain a standard care arrangement in accordance with section | 5361 |
4723.431 of the Revised Code or to practice in accordance with the | 5362 |
standard care arrangement; | 5363 |
| 5364 |
certified nurse-midwife, or certified nurse practitioner who holds | 5365 |
a certificate to prescribe issued under section 4723.48 of the | 5366 |
Revised Code, failure to prescribe drugs and therapeutic devices | 5367 |
in accordance with section 4723.481 of the Revised Code; | 5368 |
| 5369 |
an abortion, or otherwise performing or inducing an abortion; | 5370 |
| 5371 |
boundaries with a patient, as specified in rules adopted under | 5372 |
section 4723.07 of the Revised Code; | 5373 |
| 5374 |
is consensual, engaging with a patient other than the spouse of | 5375 |
the registered nurse, licensed practical nurse, or dialysis | 5376 |
technician in any of the following: | 5377 |
(a) Sexual contact, as defined in section 2907.01 of the | 5378 |
Revised Code; | 5379 |
(b) Verbal behavior that is sexually demeaning to the patient | 5380 |
or may be reasonably interpreted by the patient as sexually | 5381 |
demeaning. | 5382 |
| 5383 |
the Revised Code. | 5384 |
(C) Disciplinary actions taken by the board under divisions | 5385 |
(A) and (B) of this section shall be taken pursuant to an | 5386 |
adjudication conducted under Chapter 119. of the Revised Code, | 5387 |
except that in lieu of a hearing, the board may enter into a | 5388 |
consent agreement with an individual to resolve an allegation of a | 5389 |
violation of this chapter or any rule adopted under it. A consent | 5390 |
agreement, when ratified by a vote of a quorum, shall constitute | 5391 |
the findings and order of the board with respect to the matter | 5392 |
addressed in the agreement. If the board refuses to ratify a | 5393 |
consent agreement, the admissions and findings contained in the | 5394 |
agreement shall be of no effect. | 5395 |
(D) The hearings of the board shall be conducted in | 5396 |
accordance with Chapter 119. of the Revised Code, the board may | 5397 |
appoint a hearing examiner, as provided in section 119.09 of the | 5398 |
Revised Code, to conduct any hearing the board is authorized to | 5399 |
hold under Chapter 119. of the Revised Code. | 5400 |
In any instance in which the board is required under Chapter | 5401 |
119. of the Revised Code to give notice of an opportunity for a | 5402 |
hearing and the applicant or license holder does not make a timely | 5403 |
request for a hearing in accordance with section 119.07 of the | 5404 |
Revised Code, the board is not required to hold a hearing, but may | 5405 |
adopt, by a vote of a quorum, a final order that contains the | 5406 |
board's findings. In the final order, the board may order any of | 5407 |
the sanctions listed in division (A) or (B) of this section. | 5408 |
(E) If a criminal action is brought against a registered | 5409 |
nurse, licensed practical nurse, or dialysis technician for an act | 5410 |
or crime described in divisions (B)(3) to | 5411 |
and the action is dismissed by the trial court other than on the | 5412 |
merits, the board shall conduct an adjudication to determine | 5413 |
whether the registered nurse, licensed practical nurse, or | 5414 |
dialysis technician committed the act on which the action was | 5415 |
based. If the board determines on the basis of the adjudication | 5416 |
that the registered nurse, licensed practical nurse, or dialysis | 5417 |
technician committed the act, or if the registered nurse, licensed | 5418 |
practical nurse, or dialysis technician fails to participate in | 5419 |
the adjudication, the board may take action as though the | 5420 |
registered nurse, licensed practical nurse, or dialysis technician | 5421 |
had been convicted of the act. | 5422 |
If the board takes action on the basis of a conviction, plea, | 5423 |
or a judicial
finding as described
in divisions (B)(3) to | 5424 |
of this section that is overturned on appeal, the registered | 5425 |
nurse, licensed practical nurse, or dialysis technician may, on | 5426 |
exhaustion of the appeal process, petition the board for | 5427 |
reconsideration of its action. On receipt of the petition and | 5428 |
supporting court documents, the board shall temporarily rescind | 5429 |
its action. If the board determines that the decision on appeal | 5430 |
was a decision on the merits, it shall permanently rescind its | 5431 |
action. If the board determines that the decision on appeal was | 5432 |
not a decision on the merits, it shall conduct an adjudication to | 5433 |
determine whether the registered nurse, licensed practical nurse, | 5434 |
or dialysis technician committed the act on which the original | 5435 |
conviction, plea, or judicial finding was based. If the board | 5436 |
determines on the basis of the adjudication that the registered | 5437 |
nurse, licensed practical nurse, or dialysis technician committed | 5438 |
such act, or if the registered nurse, licensed practical nurse, or | 5439 |
dialysis technician does not request an adjudication, the board | 5440 |
shall reinstate its action; otherwise, the board shall permanently | 5441 |
rescind its action. | 5442 |
Notwithstanding the provision of division (C)(2) of section | 5443 |
2953.32 of the Revised Code specifying that if records pertaining | 5444 |
to a criminal case are sealed under that section the proceedings | 5445 |
in the case shall be deemed not to have occurred, sealing of the | 5446 |
records of a conviction on which the board has based an action | 5447 |
under this section shall have no effect on the board's action or | 5448 |
any sanction imposed by the board under this section. | 5449 |
The board shall not be required to seal, destroy, redact, or | 5450 |
otherwise modify its records to reflect the court's sealing of | 5451 |
conviction records. | 5452 |
(F) The board may investigate an individual's criminal | 5453 |
background in performing its duties under this section. | 5454 |
(G) During the course of an investigation conducted under | 5455 |
this section, the board may compel any registered nurse, licensed | 5456 |
practical nurse, or dialysis technician or applicant under this | 5457 |
chapter to submit to a mental or physical examination, or both, as | 5458 |
required by the board and at the expense of the individual, if the | 5459 |
board finds reason to believe that the individual under | 5460 |
investigation may have a physical or mental impairment that may | 5461 |
affect the individual's ability to provide safe nursing care. | 5462 |
Failure of any individual to submit to a mental or physical | 5463 |
examination when directed constitutes an admission of the | 5464 |
allegations, unless the failure is due to circumstances beyond the | 5465 |
individual's control, and a default and final order may be entered | 5466 |
without the taking of testimony or presentation of evidence. | 5467 |
If the board finds that an individual is impaired, the board | 5468 |
shall require the individual to submit to care, counseling, or | 5469 |
treatment approved or designated by the board, as a condition for | 5470 |
initial, continued, reinstated, or renewed authority to practice. | 5471 |
The individual shall be afforded an opportunity to demonstrate to | 5472 |
the board that the individual can begin or resume the individual's | 5473 |
occupation in compliance with acceptable and prevailing standards | 5474 |
of care under the provisions of the individual's authority to | 5475 |
practice. | 5476 |
For purposes of this division, any registered nurse, licensed | 5477 |
practical nurse, or dialysis technician or applicant under this | 5478 |
chapter shall be deemed to have given consent to submit to a | 5479 |
mental or physical examination when directed to do so in writing | 5480 |
by the board, and to have waived all objections to the | 5481 |
admissibility of testimony or examination reports that constitute | 5482 |
a privileged communication. | 5483 |
(H) The board shall investigate evidence that appears to show | 5484 |
that any person has violated any provision of this chapter or any | 5485 |
rule of the board. Any person may report to the board any | 5486 |
information the person may have that appears to show a violation | 5487 |
of any provision of this chapter or rule of the board. In the | 5488 |
absence of bad faith, any person who reports such information or | 5489 |
who testifies before the board in any adjudication conducted under | 5490 |
Chapter 119. of the Revised Code shall not be liable for civil | 5491 |
damages as a result of the report or testimony. | 5492 |
(I) All of the following apply under this chapter with | 5493 |
respect to the confidentiality of information: | 5494 |
(1) Information received by the board pursuant to an | 5495 |
investigation is confidential and not subject to discovery in any | 5496 |
civil action, except that the board may disclose information to | 5497 |
law enforcement officers and government entities investigating a | 5498 |
registered nurse, licensed practical nurse, or dialysis technician | 5499 |
or a person who may have engaged in the unauthorized practice of | 5500 |
nursing. No law enforcement officer or government entity with | 5501 |
knowledge of any information disclosed by the board pursuant to | 5502 |
this division shall divulge the information to any other person or | 5503 |
government entity except for the purpose of an adjudication by a | 5504 |
court or licensing or registration board or officer to which the | 5505 |
person to whom the information relates is a party. | 5506 |
(2) If an investigation requires a review of patient records, | 5507 |
the investigation and proceeding shall be conducted in such a | 5508 |
manner as to protect patient confidentiality. | 5509 |
(3) All adjudications and investigations of the board shall | 5510 |
be considered civil actions for the purposes of section 2305.252 | 5511 |
of the Revised Code. | 5512 |
(4) Any board activity that involves continued monitoring of | 5513 |
an individual as part of or following any disciplinary action | 5514 |
taken under this section shall be conducted in a manner that | 5515 |
maintains the individual's confidentiality. Information received | 5516 |
or maintained by the board with respect to the board's monitoring | 5517 |
activities is confidential and not subject to discovery in any | 5518 |
civil action. | 5519 |
(J) Any action taken by the board under this section | 5520 |
resulting in a suspension from practice shall be accompanied by a | 5521 |
written statement of the conditions under which the person may be | 5522 |
reinstated to practice. | 5523 |
(K) When the board refuses to grant a license or certificate | 5524 |
to an applicant, revokes a license or certificate, or refuses to | 5525 |
reinstate a license or certificate, the board may specify that its | 5526 |
action is permanent. An individual subject to permanent action | 5527 |
taken by the board is forever ineligible to hold a license or | 5528 |
certificate of the type that was refused or revoked and the board | 5529 |
shall not accept from the individual an application for | 5530 |
reinstatement of the license or certificate or for a new license | 5531 |
or certificate. | 5532 |
(L) No unilateral surrender of a nursing license, certificate | 5533 |
of authority, or dialysis technician certificate issued under this | 5534 |
chapter shall be effective unless accepted by majority vote of the | 5535 |
board. No application for a nursing license, certificate of | 5536 |
authority, or dialysis technician certificate issued under this | 5537 |
chapter may be withdrawn without a majority vote of the board. The | 5538 |
board's jurisdiction to take disciplinary action under this | 5539 |
section is not removed or limited when an individual has a license | 5540 |
or certificate classified as inactive or fails to renew a license | 5541 |
or certificate. | 5542 |
(M) Sanctions shall not be imposed under division (B)(24) of | 5543 |
this section against any licensee who waives deductibles and | 5544 |
copayments as follows: | 5545 |
(1) In compliance with the health benefit plan that expressly | 5546 |
allows such a practice. Waiver of the deductibles or copayments | 5547 |
shall be made only with the full knowledge and consent of the plan | 5548 |
purchaser, payer, and third-party administrator. Documentation of | 5549 |
the consent shall be made available to the board upon request. | 5550 |
(2) For professional services rendered to any other person | 5551 |
licensed pursuant to this chapter to the extent allowed by this | 5552 |
chapter and the rules of the board. | 5553 |
(N)(1) Any person who enters a prelicensure nursing education | 5554 |
program on or after June 1, 2003, and who subsequently applies | 5555 |
under division (A) of section 4723.09 of the Revised Code for | 5556 |
licensure to practice as a registered nurse or as a licensed | 5557 |
practical nurse and any person who applies under division (B) of | 5558 |
that section for license by endorsement to practice nursing as a | 5559 |
registered nurse or as a licensed practical nurse shall submit a | 5560 |
request to the bureau of criminal identification and investigation | 5561 |
for the bureau to conduct a criminal records check of the | 5562 |
applicant and to send the results to the board, in accordance with | 5563 |
section 4723.09 of the Revised Code. | 5564 |
The board shall refuse to grant a license to practice nursing | 5565 |
as a registered nurse or as a licensed practical nurse under | 5566 |
section 4723.09 of the Revised Code to a person who entered a | 5567 |
prelicensure nursing education program on or after June 1, 2003, | 5568 |
and applied under division (A) of section 4723.09 of the Revised | 5569 |
Code for the license or a person who applied under division (B) of | 5570 |
that section for the license, if the criminal records check | 5571 |
performed in accordance with division (C) of that section | 5572 |
indicates that the person has pleaded guilty to, been convicted | 5573 |
of, or has had a judicial finding of guilt for violating section | 5574 |
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03, | 5575 |
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a | 5576 |
substantially similar law of another state, the United States, or | 5577 |
another country. | 5578 |
(2) Any person who enters a dialysis training program on or | 5579 |
after June 1, 2003, and who subsequently applies for a certificate | 5580 |
to practice as a dialysis technician shall submit a request to the | 5581 |
bureau of criminal identification and investigation for the bureau | 5582 |
to conduct a criminal records check of the applicant and to send | 5583 |
the results to the board, in accordance with section 4723.75 of | 5584 |
the Revised Code. | 5585 |
The board shall refuse to issue a certificate to practice as | 5586 |
a dialysis technician under section 4723.75 of the Revised Code to | 5587 |
a person who entered a dialysis training program on or after June | 5588 |
1, 2003, and whose criminal records check performed in accordance | 5589 |
with division (C) of that section indicates that the person has | 5590 |
pleaded guilty to, been convicted of, or has had a judicial | 5591 |
finding of guilt for violating section 2903.01, 2903.02, 2903.03, | 5592 |
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or | 5593 |
2911.11 of the Revised Code or a substantially similar law of | 5594 |
another state, the United States, or another country. | 5595 |
Sec. 4725.19. (A) In accordance with Chapter 119. of the | 5596 |
Revised Code and by an affirmative vote of a majority of its | 5597 |
members, the state board of optometry, for any of the reasons | 5598 |
specified in division (B) of this section, shall refuse to grant a | 5599 |
certificate of licensure to an applicant and may, with respect to | 5600 |
a licensed optometrist, do one or more of the following: | 5601 |
(1) Suspend the operation of any certificate of licensure, | 5602 |
topical ocular pharmaceutical agents certificate, or therapeutic | 5603 |
pharmaceutical agents certificate, or all certificates granted by | 5604 |
it to the optometrist; | 5605 |
(2) Permanently revoke any or all of the certificates; | 5606 |
(3) Limit or otherwise place restrictions on any or all of | 5607 |
the certificates; | 5608 |
(4) Reprimand the optometrist; | 5609 |
(5) Impose a monetary penalty. If the reason for which the | 5610 |
board is imposing the penalty involves a criminal offense that | 5611 |
carries a fine under the Revised Code, the penalty shall not | 5612 |
exceed the maximum fine that may be imposed for the criminal | 5613 |
offense. In any other case, the penalty imposed by the board shall | 5614 |
not exceed five hundred dollars. | 5615 |
(B) The sanctions specified in division (A) of this section | 5616 |
may be taken by the board for any of the following reasons: | 5617 |
(1) Committing fraud in passing the licensing examination or | 5618 |
making false or purposely misleading statements in an application | 5619 |
for a certificate of licensure; | 5620 |
(2) | 5621 |
5622 |
| 5623 |
the practice of optometry; | 5624 |
| 5625 |
substantially related to the person's fitness or ability to | 5626 |
perform the duties and responsibilities of an optometrist, | 5627 |
regardless of the jurisdiction in which the act was committed; | 5628 |
| 5629 |
5630 | |
5631 |
| 5632 |
restriction placed by the board on any certificate issued by the | 5633 |
board; | 5634 |
| 5635 |
division (A)(1), (2), or (3) of section 4725.01 of the Revised | 5636 |
Code when the certificate authorizing that practice is under | 5637 |
suspension, in which case the board shall permanently revoke the | 5638 |
certificate; | 5639 |
| 5640 |
another state or country or being subject to any other sanction by | 5641 |
the optometric licensing authority of another state or country, | 5642 |
other than sanctions imposed for the nonpayment of fees; | 5643 |
| 5644 |
prevailing standards of care in the practice of optometry as | 5645 |
followed by similar practitioners under the same or similar | 5646 |
circumstances, regardless of whether actual injury to a patient is | 5647 |
established; | 5648 |
| 5649 |
| 5650 |
examinations, or other products or services by any means that | 5651 |
would deceive or mislead the public; | 5652 |
| 5653 |
narcotics, or any other substance which impairs the intellect and | 5654 |
judgment to such an extent as to hinder or diminish the | 5655 |
performance of the duties included in the person's practice of | 5656 |
optometry; | 5657 |
| 5658 |
division (A)(2) or (3) of section 4725.01 of the Revised Code | 5659 |
without authority to do so or, if authorized, in a manner | 5660 |
inconsistent with the authority granted; | 5661 |
| 5662 |
division (A) of section 4725.21 or section 4725.31 of the Revised | 5663 |
Code; | 5664 |
| 5665 |
establishing temporary offices, in which case the board shall | 5666 |
suspend all certificates held by the optometrist; | 5667 |
| 5668 |
(a) Waiving the payment of all or any part of a deductible or | 5669 |
copayment that a patient, pursuant to a health insurance or health | 5670 |
care policy, contract, or plan that covers optometric services, | 5671 |
would otherwise be required to pay if the waiver is used as an | 5672 |
enticement to a patient or group of patients to receive health | 5673 |
care services from that optometrist. | 5674 |
(b) Advertising that the optometrist will waive the payment | 5675 |
of all or any part of a deductible or copayment that a patient, | 5676 |
pursuant to a health insurance or health care policy, contract, or | 5677 |
plan that covers optometric services, would otherwise be required | 5678 |
to pay. | 5679 |
(C) Any person who is the holder of a certificate of | 5680 |
licensure, or who is an applicant for a certificate of licensure | 5681 |
against whom is preferred any charges, shall be furnished by the | 5682 |
board with a copy of the complaint and shall have a hearing before | 5683 |
the board in accordance with Chapter 119. of the Revised Code. | 5684 |
(D) Sanctions shall
not be imposed under division (B) | 5685 |
(14) of this section against any optometrist who waives | 5686 |
deductibles and copayments: | 5687 |
(1) In compliance with the health benefit plan that expressly | 5688 |
allows such a practice. Waiver of the deductibles or copayments | 5689 |
shall be made only with the full knowledge and consent of the plan | 5690 |
purchaser, payer, and third-party administrator. Documentation of | 5691 |
the consent shall be made available to the board upon request. | 5692 |
(2) For professional services rendered to any other | 5693 |
optometrist licensed by the board, to the extent allowed by | 5694 |
sections 4725.01 to 4725.34 of the Revised Code and the rules of | 5695 |
the board. | 5696 |
Sec. 4725.53. (A) The Ohio optical dispensers board, by a | 5697 |
majority vote of its members, may refuse to grant a license and, | 5698 |
in accordance with Chapter 119. of the Revised Code, may suspend | 5699 |
or revoke the license of a licensed dispensing optician or impose | 5700 |
a fine or order restitution pursuant to division (B) of this | 5701 |
section on any of the following grounds: | 5702 |
(1) Conviction of a | 5703 |
5704 | |
fitness or ability to perform the duties and responsibilities of a | 5705 |
dispensing optician; | 5706 |
(2) Obtaining or attempting to obtain a license by fraud or | 5707 |
deception; | 5708 |
(3) Obtaining any fee or making any sale of an optical aid by | 5709 |
means of fraud or misrepresentation; | 5710 |
(4) Habitual indulgence in the use of controlled substances | 5711 |
or other habit-forming drugs, or in the use of alcoholic liquors | 5712 |
to an extent that affects professional competency; | 5713 |
(5) Finding by a court of competent jurisdiction that the | 5714 |
applicant or licensee is incompetent by reason of mental illness | 5715 |
and no subsequent finding by the court of competency; | 5716 |
(6) Finding by a court of law that the licensee is guilty of | 5717 |
incompetence or negligence in the dispensing of optical aids; | 5718 |
(7) Knowingly permitting or employing a person whose license | 5719 |
has been suspended or revoked or an unlicensed person to engage in | 5720 |
optical dispensing; | 5721 |
(8) Permitting another person to use | 5722 |
license; | 5723 |
(9) Engaging in optical dispensing not pursuant to the | 5724 |
prescription of a licensed physician or licensed optometrist, but | 5725 |
nothing in this section shall prohibit the duplication or | 5726 |
replacement of previously prepared optical aids, except contact | 5727 |
lenses shall not be duplicated or replaced without a written | 5728 |
prescription; | 5729 |
(10) Violation of sections 4725.40 to 4725.59 of the Revised | 5730 |
Code; | 5731 |
(11) Waiving the payment of all or any part of a deductible | 5732 |
or copayment that a patient, pursuant to a health insurance or | 5733 |
health care policy, contract, or plan that covers optical | 5734 |
dispensing services, would otherwise be required to pay if the | 5735 |
waiver is used as an enticement to a patient or group of patients | 5736 |
to receive health care services from that provider. | 5737 |
(12) Advertising that | 5738 |
of all or any part of a deductible or copayment that a patient, | 5739 |
pursuant to a health insurance or health care policy, contract, or | 5740 |
plan that covers optical dispensing services, would otherwise be | 5741 |
required to pay. | 5742 |
(B) The board may impose a fine of not more than five hundred | 5743 |
dollars for a first occurrence of an action that is grounds for | 5744 |
discipline under this section and of not less than five hundred | 5745 |
nor more than one thousand dollars for a subsequent occurrence, or | 5746 |
may order the licensee to make restitution to a person who has | 5747 |
suffered a financial loss as a result of the licensee's failure to | 5748 |
comply with sections 4725.40 to 4725.59 of the Revised Code. | 5749 |
(C) Notwithstanding divisions (A)(11) and (12) of this | 5750 |
section, sanctions shall not be imposed against any licensee who | 5751 |
waives deductibles and copayments: | 5752 |
(1) In compliance with the health benefit plan that expressly | 5753 |
allows such a practice. Waiver of the deductibles or copays shall | 5754 |
be made only with the full | 5755 |
plan purchaser, payer, and third-party administrator. Such consent | 5756 |
shall be made available to the board upon request. | 5757 |
(2) For professional services rendered to any other person | 5758 |
licensed pursuant to this chapter to the extent allowed by this | 5759 |
chapter and the rules of the board. | 5760 |
Sec. 4727.15. (A) No person licensed as a pawnbroker under | 5761 |
this chapter, and
no agent, officer, or employee | 5762 |
person licensed as a pawnbroker under this chapter, shall violate | 5763 |
this chapter. | 5764 |
(B) | 5765 |
5766 | |
5767 | |
5768 | |
5769 | |
5770 | |
5771 |
| 5772 |
employee, manager, officer, director, shareholder, member, or | 5773 |
partner of a licensee
| 5774 |
5775 | |
5776 | |
related to the person's fitness or ability to perform the duties | 5777 |
and responsibilities of a pawnbroker, the superintendent may | 5778 |
suspend the license of the licensee without a prior hearing to | 5779 |
protect the public interest and subsequently may act to revoke the | 5780 |
license of
the licensee
pursuant to
| 5781 |
Revised Code. | 5782 |
| 5783 |
5784 | |
5785 | |
5786 | |
person's fitness or ability to perform the duties and | 5787 |
responsibilities of a pawnbroker, the superintendent may assess a | 5788 |
penalty against the
licensee | 5789 |
5790 | |
Revised Code. | 5791 |
Sec. 4728.13. (A) No person, firm, partnership, corporation, | 5792 |
or association,
and no agent, officer, or employee | 5793 |
person, firm, partnership, corporation, or association, shall | 5794 |
violate this chapter. The division of financial institutions upon | 5795 |
a | 5796 |
substantially related to the licensee's fitness or ability to | 5797 |
perform the duties and responsibilities of a precious metals | 5798 |
dealer may revoke any license theretofore issued to the person, | 5799 |
firm, partnership,
corporation, or association. | 5800 |
5801 | |
5802 | |
5803 | |
5804 |
(B) No person shall obstruct or refuse to permit any | 5805 |
investigation conducted under this chapter by the superintendent | 5806 |
of financial institutions, a person acting on behalf of an agency | 5807 |
or a political subdivision of this state, or a law enforcement | 5808 |
officer. All articles purchased by a person licensed under this | 5809 |
chapter shall be made promptly available for inspection by these | 5810 |
officials. | 5811 |
(C) In any proceeding or action brought under this chapter, | 5812 |
the burden of proving an exemption from a requirement of this | 5813 |
chapter falls on the person claiming the benefit of the exemption. | 5814 |
Sec. 4729.16. (A) The state board of pharmacy, after notice | 5815 |
and hearing in accordance with Chapter 119. of the Revised Code, | 5816 |
may revoke, suspend, limit, place on probation, or refuse to grant | 5817 |
or renew an identification card, or may impose a monetary penalty | 5818 |
or forfeiture not to exceed in severity any fine designated under | 5819 |
the Revised Code for a similar offense, or in the case of a | 5820 |
violation of a section of the Revised Code that does not bear a | 5821 |
penalty, a monetary penalty or forfeiture of not more than five | 5822 |
hundred dollars, if the board finds a pharmacist or pharmacy | 5823 |
intern: | 5824 |
(1) Guilty of a | 5825 |
substantially related to the person's fitness or ability to | 5826 |
perform the duties and responsibilities of the holder of a | 5827 |
pharmacist or pharmacy intern license; | 5828 |
(2) Guilty of dishonesty or unprofessional conduct in the | 5829 |
practice of pharmacy; | 5830 |
(3) Addicted to or abusing liquor or drugs or impaired | 5831 |
physically or mentally to such a degree as to render the | 5832 |
pharmacist or pharmacy intern unfit to practice pharmacy; | 5833 |
(4) | 5834 |
5835 |
| 5836 |
attempting to violate, or aiding and abetting the violation of any | 5837 |
of the provisions of this chapter, sections 3715.52 to 3715.72 of | 5838 |
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or | 5839 |
any rule adopted by the board under those provisions; | 5840 |
| 5841 |
pharmacy intern to practice pharmacy; | 5842 |
| 5843 |
pharmacy intern's name to an illegal practitioner of pharmacy or | 5844 |
having professional connection with an illegal practitioner of | 5845 |
pharmacy; | 5846 |
| 5847 |
made in the practice of pharmacy with any other individual, | 5848 |
including, but not limited to, any licensed health professional | 5849 |
authorized to prescribe drugs or any owner, manager, or employee | 5850 |
of a health care facility, residential care facility, or nursing | 5851 |
home; | 5852 |
| 5853 |
into pursuant to section 4729.39 of the Revised Code; | 5854 |
| 5855 |
in applying for or securing a license or identification card | 5856 |
issued by the board under this chapter or under Chapter 3715. or | 5857 |
3719. of the Revised Code. | 5858 |
(B) Any individual whose identification card is revoked, | 5859 |
suspended, or refused, shall return the identification card and | 5860 |
license to the offices of the state board of pharmacy within ten | 5861 |
days after receipt of notice of such action. | 5862 |
(C) As used in this section: | 5863 |
"Unprofessional conduct in the practice of pharmacy" includes | 5864 |
any of the following: | 5865 |
(1) Advertising or displaying signs that promote dangerous | 5866 |
drugs to the public in a manner that is false or misleading; | 5867 |
(2) Except as provided in section 4729.281 of the Revised | 5868 |
Code, the sale of any drug for which a prescription is required, | 5869 |
without having received a prescription for the drug; | 5870 |
(3) Knowingly dispensing medication pursuant to false or | 5871 |
forged prescriptions; | 5872 |
(4) Knowingly failing to maintain complete and accurate | 5873 |
records of all dangerous drugs received or dispensed in compliance | 5874 |
with federal laws and regulations and state laws and rules; | 5875 |
(5) Obtaining any remuneration by fraud, misrepresentation, | 5876 |
or deception. | 5877 |
(D) The board may suspend a license or identification card | 5878 |
under division (B) of section 3719.121 of the Revised Code by | 5879 |
utilizing a telephone conference call to review the allegations | 5880 |
and take a vote. | 5881 |
(E) If, pursuant to an adjudication under Chapter 119. of the | 5882 |
Revised Code, the board has reasonable cause to believe that a | 5883 |
pharmacist or pharmacy intern is physically or mentally impaired, | 5884 |
the board may require the pharmacist or pharmacy intern to submit | 5885 |
to a physical or mental examination, or both. | 5886 |
Sec. 4729.53. (A) The board of pharmacy shall not register | 5887 |
any person as a wholesale distributor of dangerous drugs unless | 5888 |
the applicant for registration furnishes satisfactory proof to the | 5889 |
board of pharmacy that | 5890 |
following: | 5891 |
(1) That if the applicant has been convicted of a violation | 5892 |
of any federal, state, or local law relating to drug samples, | 5893 |
wholesale or retail drug distribution, or distribution of | 5894 |
controlled substances or of a | 5895 |
substantially related to the person's fitness or ability to | 5896 |
perform the duties and responsibilities of a wholesale distributor | 5897 |
of dangerous drugs, or if a federal, state, or local governmental | 5898 |
entity has suspended or revoked any current or prior license or | 5899 |
registration of the applicant for the manufacture or sale of any | 5900 |
dangerous drugs, including controlled substances, the applicant, | 5901 |
to the satisfaction of the board,
assures that | 5902 |
has in place adequate safeguards to prevent the recurrence of any | 5903 |
such violations; | 5904 |
(2) The applicant's past experience in the manufacture or | 5905 |
distribution of dangerous drugs, including controlled substances, | 5906 |
is acceptable to the board. | 5907 |
(3) The applicant is equipped as to land, buildings, | 5908 |
equipment, and personnel to properly carry on the business of a | 5909 |
wholesale distributor of dangerous drugs, including providing | 5910 |
adequate security for and proper storage conditions and handling | 5911 |
for dangerous drugs, and is complying with the requirements under | 5912 |
this chapter and the rules adopted pursuant thereto for | 5913 |
maintaining and making available records to properly identified | 5914 |
board officials and federal, state, and local law enforcement | 5915 |
agencies. | 5916 |
(4) Personnel employed by the applicant have the appropriate | 5917 |
education or experience, as determined by the board, to assume | 5918 |
responsibility for positions related to compliance with this | 5919 |
chapter and the rules adopted pursuant thereto. | 5920 |
(5) The applicant has designated the name and address of a | 5921 |
person to whom communications from the board may be directed and | 5922 |
upon whom the notices and citations provided for in section | 5923 |
4729.56 of the Revised Code may be served. | 5924 |
(6) Adequate safeguards are assured to prevent the sale of | 5925 |
dangerous drugs to any person other than those named in division | 5926 |
(B) of section 4729.51 of the Revised Code. | 5927 |
(7) Any other requirement or qualification the board, by rule | 5928 |
adopted in accordance with Chapter 119. of the Revised Code, | 5929 |
considers relevant to and consistent with the public safety and | 5930 |
health. | 5931 |
(B) The board may refuse to register or renew the | 5932 |
registration certificate of any person if the board determines | 5933 |
that the granting of the registration certificate or its renewal | 5934 |
is not in the public interest. | 5935 |
Sec. 4729.56. (A) In accordance with Chapter 119. of the | 5936 |
Revised Code, the board of pharmacy may suspend, revoke, or refuse | 5937 |
to renew any registration certificate issued to a wholesale | 5938 |
distributor of dangerous drugs pursuant to section 4729.52 of the | 5939 |
Revised Code or may impose a monetary penalty or forfeiture not to | 5940 |
exceed in severity any fine designated under the Revised Code for | 5941 |
a similar offense or one thousand dollars if the acts committed | 5942 |
are not classified as an offense by the Revised Code for any of | 5943 |
the following causes: | 5944 |
(1) Making any false material statements in an application | 5945 |
for registration as a wholesale distributor of dangerous drugs; | 5946 |
(2) Violating any federal, state, or local drug law; any | 5947 |
provision of this chapter or Chapter 2925., 3715., or 3719. of the | 5948 |
Revised Code; or any rule of the board; | 5949 |
(3) A conviction of a | 5950 |
related to the person's fitness or ability to perform the duties | 5951 |
and responsibilities of a wholesale distributor of dangerous | 5952 |
drugs; | 5953 |
(4) Ceasing to satisfy the qualifications for registration | 5954 |
under section 4729.53 of the Revised Code or the rules of the | 5955 |
board. | 5956 |
(B) Upon the suspension or revocation of the registration | 5957 |
certificate of any wholesale distributor of dangerous drugs, the | 5958 |
distributor shall immediately surrender | 5959 |
registration certificate to the board. | 5960 |
(C) If the board suspends, revokes, or refuses to renew any | 5961 |
registration certificate issued to a wholesale distributor of | 5962 |
dangerous drugs and determines that there is clear and convincing | 5963 |
evidence of a danger of immediate and serious harm to any person, | 5964 |
the board may place under seal all dangerous drugs owned by or in | 5965 |
the possession, custody, or control of the affected wholesale | 5966 |
distributor of dangerous drugs. Except as provided in this | 5967 |
division, the board shall not dispose of the dangerous drugs | 5968 |
sealed under this division until the wholesale distributor of | 5969 |
dangerous drugs exhausts all of | 5970 |
rights under Chapter 119. of the Revised Code. The court involved | 5971 |
in such an appeal may order the board, during the pendency of the | 5972 |
appeal, to sell sealed dangerous drugs that are perishable. The | 5973 |
board shall deposit the proceeds of the sale with the court. | 5974 |
Sec. 4730.25. (A) The state medical board, by an affirmative | 5975 |
vote of not fewer than six members, may revoke or may refuse to | 5976 |
grant a certificate to practice as a physician assistant or a | 5977 |
certificate to prescribe to a person found by the board to have | 5978 |
committed fraud, misrepresentation, or deception in applying for | 5979 |
or securing the certificate. | 5980 |
(B) The board, by an affirmative vote of not fewer than six | 5981 |
members, shall, to the extent permitted by law, limit, revoke, or | 5982 |
suspend an individual's certificate to practice as a physician | 5983 |
assistant or certificate to prescribe, refuse to issue a | 5984 |
certificate to an applicant, refuse to reinstate a certificate, or | 5985 |
reprimand or place on probation the holder of a certificate for | 5986 |
any of the following reasons: | 5987 |
(1) Failure to practice in accordance with the conditions | 5988 |
under which the supervising physician's supervision agreement with | 5989 |
the physician assistant was approved, including the requirement | 5990 |
that when practicing under a particular supervising physician, the | 5991 |
physician assistant must practice only according to the physician | 5992 |
supervisory plan the board approved for that physician or the | 5993 |
policies of the health care facility in which the supervising | 5994 |
physician and physician assistant are practicing; | 5995 |
(2) Failure to comply with the requirements of this chapter, | 5996 |
Chapter 4731. of the Revised Code, or any rules adopted by the | 5997 |
board; | 5998 |
(3) Violating or attempting to violate, directly or | 5999 |
indirectly, or assisting in or abetting the violation of, or | 6000 |
conspiring to violate, any provision of this chapter, Chapter | 6001 |
4731. of the Revised Code, or the rules adopted by the board; | 6002 |
(4) Inability to practice according to acceptable and | 6003 |
prevailing standards of care by reason of mental illness or | 6004 |
physical illness, including physical deterioration that adversely | 6005 |
affects cognitive, motor, or perceptive skills; | 6006 |
(5) Impairment of ability to practice according to acceptable | 6007 |
and prevailing standards of care because of habitual or excessive | 6008 |
use or abuse of drugs, alcohol, or other substances that impair | 6009 |
ability to practice; | 6010 |
(6) Administering drugs for purposes other than those | 6011 |
authorized under this chapter; | 6012 |
(7) Willfully betraying a professional confidence; | 6013 |
(8) Making a false, fraudulent, deceptive, or misleading | 6014 |
statement in soliciting or advertising for employment as a | 6015 |
physician assistant; in connection with any solicitation or | 6016 |
advertisement for patients; in relation to the practice of | 6017 |
medicine as it pertains to physician assistants; or in securing or | 6018 |
attempting to secure a certificate to practice as a physician | 6019 |
assistant, a certificate to prescribe, or approval of a | 6020 |
supervision agreement. | 6021 |
As used in this division, "false, fraudulent, deceptive, or | 6022 |
misleading statement" means a statement that includes a | 6023 |
misrepresentation of fact, is likely to mislead or deceive because | 6024 |
of a failure to disclose material facts, is intended or is likely | 6025 |
to create false or unjustified expectations of favorable results, | 6026 |
or includes representations or implications that in reasonable | 6027 |
probability will cause an ordinarily prudent person to | 6028 |
misunderstand or be deceived. | 6029 |
(9) Representing, with the purpose of obtaining compensation | 6030 |
or other advantage personally or for any other person, that an | 6031 |
incurable disease or injury, or other incurable condition, can be | 6032 |
permanently cured; | 6033 |
(10) The obtaining of, or attempting to obtain, money or | 6034 |
anything of value by fraudulent misrepresentations in the course | 6035 |
of practice; | 6036 |
(11) A plea of guilty to, a judicial finding of guilt of, or | 6037 |
a judicial finding of eligibility for intervention in lieu of | 6038 |
conviction for | 6039 |
the person's fitness or ability to perform the duties and | 6040 |
responsibilities of a physician assistant; | 6041 |
(12) Commission of an act that constitutes | 6042 |
state a criminal offense substantially related to the person's | 6043 |
fitness or ability to perform the duties and responsibilities of a | 6044 |
physician assistant, regardless of the jurisdiction in which the | 6045 |
act was committed; | 6046 |
(13) | 6047 |
6048 | |
6049 |
| 6050 |
6051 | |
6052 |
| 6053 |
6054 | |
6055 |
| 6056 |
6057 | |
6058 |
| 6059 |
a judicial finding of eligibility for intervention in lieu of | 6060 |
conviction for violating any state or federal law regulating the | 6061 |
possession, distribution, or use of any drug, including | 6062 |
trafficking in drugs; | 6063 |
| 6064 |
agency responsible for regulating the practice of physician | 6065 |
assistants in another state, for any reason other than the | 6066 |
nonpayment of fees: the limitation, revocation, or suspension of | 6067 |
an individual's license to practice; acceptance of an individual's | 6068 |
license surrender; denial of a license; refusal to renew or | 6069 |
reinstate a license; imposition of probation; or issuance of an | 6070 |
order of censure or other reprimand; | 6071 |
| 6072 |
standards of care of similar physician assistants under the same | 6073 |
or similar circumstances, regardless of whether actual injury to a | 6074 |
patient is established; | 6075 |
| 6076 |
certificate to practice as a physician assistant, a certificate to | 6077 |
prescribe, a physician supervisory plan, or supervision agreement; | 6078 |
| 6079 |
precautions established by rules adopted under section 4731.051 of | 6080 |
the Revised Code; | 6081 |
| 6082 |
by the board under section 4730.26 of the Revised Code, including | 6083 |
failure to comply with a subpoena or order issued by the board or | 6084 |
failure to answer truthfully a question presented by the board at | 6085 |
a deposition or in written interrogatories, except that failure to | 6086 |
cooperate with an investigation shall not constitute grounds for | 6087 |
discipline under this section if a court of competent jurisdiction | 6088 |
has issued an order that either quashes a subpoena or permits the | 6089 |
individual to withhold the testimony or evidence in issue; | 6090 |
| 6091 |
the Revised Code; | 6092 |
| 6093 |
an abortion, or otherwise performing or inducing an abortion. | 6094 |
(C) Disciplinary actions taken by the board under divisions | 6095 |
(A) and (B) of this section shall be taken pursuant to an | 6096 |
adjudication under Chapter 119. of the Revised Code, except that | 6097 |
in lieu of an adjudication, the board may enter into a consent | 6098 |
agreement with a physician assistant or applicant to resolve an | 6099 |
allegation of a violation of this chapter or any rule adopted | 6100 |
under it. A consent agreement, when ratified by an affirmative | 6101 |
vote of not fewer than six members of the board, shall constitute | 6102 |
the findings and order of the board with respect to the matter | 6103 |
addressed in the agreement. If the board refuses to ratify a | 6104 |
consent agreement, the admissions and findings contained in the | 6105 |
consent agreement shall be of no force or effect. | 6106 |
(D) For purposes of | 6107 |
6108 | |
by a finding by the board, pursuant to an adjudication under | 6109 |
Chapter 119. of the Revised Code, that the applicant or | 6110 |
certificate holder committed the act in question. The board shall | 6111 |
have no jurisdiction under these divisions in cases where the | 6112 |
trial court renders a final judgment in the certificate holder's | 6113 |
favor and that judgment is based upon an adjudication on the | 6114 |
merits. The board shall have jurisdiction under these divisions in | 6115 |
cases where the trial court issues an order of dismissal upon | 6116 |
technical or procedural grounds. | 6117 |
(E) The sealing of conviction records by any court shall have | 6118 |
no effect upon a prior board order entered under the provisions of | 6119 |
this section or upon the board's jurisdiction to take action under | 6120 |
the provisions of this section if, based upon a plea of guilty, a | 6121 |
judicial finding of guilt, or a judicial finding of eligibility | 6122 |
for intervention in lieu of conviction, the board issued a notice | 6123 |
of opportunity for a hearing prior to the court's order to seal | 6124 |
the records. The board shall not be required to seal, destroy, | 6125 |
redact, or otherwise modify its records to reflect the court's | 6126 |
sealing of conviction records. | 6127 |
(F) For purposes of this division, any individual who holds a | 6128 |
certificate issued under this chapter, or applies for a | 6129 |
certificate issued under this chapter, shall be deemed to have | 6130 |
given consent to submit to a mental or physical examination when | 6131 |
directed to do so in writing by the board and to have waived all | 6132 |
objections to the admissibility of testimony or examination | 6133 |
reports that constitute a privileged communication. | 6134 |
(1) In enforcing division (B)(4) of this section, the board, | 6135 |
upon a showing of a possible violation, may compel any individual | 6136 |
who holds a certificate issued under this chapter or who has | 6137 |
applied for a certificate pursuant to this chapter to submit to a | 6138 |
mental examination, physical examination, including an HIV test, | 6139 |
or both a mental and physical examination. The expense of the | 6140 |
examination is the responsibility of the individual compelled to | 6141 |
be examined. Failure to submit to a mental or physical examination | 6142 |
or consent to an HIV test ordered by the board constitutes an | 6143 |
admission of the allegations against the individual unless the | 6144 |
failure is due to circumstances beyond the individual's control, | 6145 |
and a default and final order may be entered without the taking of | 6146 |
testimony or presentation of evidence. If the board finds a | 6147 |
physician assistant unable to practice because of the reasons set | 6148 |
forth in division (B)(4) of this section, the board shall require | 6149 |
the physician assistant to submit to care, counseling, or | 6150 |
treatment by physicians approved or designated by the board, as a | 6151 |
condition for an initial, continued, reinstated, or renewed | 6152 |
certificate. An individual affected under this division shall be | 6153 |
afforded an opportunity to demonstrate to the board the ability to | 6154 |
resume practicing in compliance with acceptable and prevailing | 6155 |
standards of care. | 6156 |
(2) For purposes of division (B)(5) of this section, if the | 6157 |
board has reason to believe that any individual who holds a | 6158 |
certificate issued under this chapter or any applicant for a | 6159 |
certificate suffers such impairment, the board may compel the | 6160 |
individual to submit to a mental or physical examination, or both. | 6161 |
The expense of the examination is the responsibility of the | 6162 |
individual compelled to be examined. Any mental or physical | 6163 |
examination required under this division shall be undertaken by a | 6164 |
treatment provider or physician qualified to conduct such | 6165 |
examination and chosen by the board. | 6166 |
Failure to submit to a mental or physical examination ordered | 6167 |
by the board constitutes an admission of the allegations against | 6168 |
the individual unless the failure is due to circumstances beyond | 6169 |
the individual's control, and a default and final order may be | 6170 |
entered without the taking of testimony or presentation of | 6171 |
evidence. If the board determines that the individual's ability to | 6172 |
practice is impaired, the board shall suspend the individual's | 6173 |
certificate or deny the individual's application and shall require | 6174 |
the individual, as a condition for initial, continued, reinstated, | 6175 |
or renewed certification to practice or prescribe, to submit to | 6176 |
treatment. | 6177 |
Before being eligible to apply for reinstatement of a | 6178 |
certificate suspended under this division, the physician assistant | 6179 |
shall demonstrate to the board the ability to resume practice or | 6180 |
prescribing in compliance with acceptable and prevailing standards | 6181 |
of care. The demonstration shall include the following: | 6182 |
(a) Certification from a treatment provider approved under | 6183 |
section 4731.25 of the Revised Code that the individual has | 6184 |
successfully completed any required inpatient treatment; | 6185 |
(b) Evidence of continuing full compliance with an aftercare | 6186 |
contract or consent agreement; | 6187 |
(c) Two written reports indicating that the individual's | 6188 |
ability to practice has been assessed and that the individual has | 6189 |
been found capable of practicing according to acceptable and | 6190 |
prevailing standards of care. The reports shall be made by | 6191 |
individuals or providers approved by the board for making such | 6192 |
assessments and shall describe the basis for their determination. | 6193 |
The board may reinstate a certificate suspended under this | 6194 |
division after such demonstration and after the individual has | 6195 |
entered into a written consent agreement. | 6196 |
When the impaired physician assistant resumes practice or | 6197 |
prescribing, the board shall require continued monitoring of the | 6198 |
physician assistant. The monitoring shall include compliance with | 6199 |
the written consent agreement entered into before reinstatement or | 6200 |
with conditions imposed by board order after a hearing, and, upon | 6201 |
termination of the consent agreement, submission to the board for | 6202 |
at least two years of annual written progress reports made under | 6203 |
penalty of falsification stating whether the physician assistant | 6204 |
has maintained sobriety. | 6205 |
(G) If the secretary and supervising member determine that | 6206 |
there is clear and convincing evidence that a physician assistant | 6207 |
has violated division (B) of this section and that the | 6208 |
individual's continued practice or prescribing presents a danger | 6209 |
of immediate and serious harm to the public, they may recommend | 6210 |
that the board suspend the individual's certificate to practice or | 6211 |
prescribe without a prior hearing. Written allegations shall be | 6212 |
prepared for consideration by the board. | 6213 |
The board, upon review of those allegations and by an | 6214 |
affirmative vote of not fewer than six of its members, excluding | 6215 |
the secretary and supervising member, may suspend a certificate | 6216 |
without a prior hearing. A telephone conference call may be | 6217 |
utilized for reviewing the allegations and taking the vote on the | 6218 |
summary suspension. | 6219 |
The board shall issue a written order of suspension by | 6220 |
certified mail or in person in accordance with section 119.07 of | 6221 |
the Revised Code. The order shall not be subject to suspension by | 6222 |
the court during pendency of any appeal filed under section 119.12 | 6223 |
of the Revised Code. If the physician assistant requests an | 6224 |
adjudicatory hearing by the board, the date set for the hearing | 6225 |
shall be within fifteen days, but not earlier than seven days, | 6226 |
after the physician assistant requests the hearing, unless | 6227 |
otherwise agreed to by both the board and the certificate holder. | 6228 |
A summary suspension imposed under this division shall remain | 6229 |
in effect, unless reversed on appeal, until a final adjudicative | 6230 |
order issued by the board pursuant to this section and Chapter | 6231 |
119. of the Revised Code becomes effective. The board shall issue | 6232 |
its final adjudicative order within sixty days after completion of | 6233 |
its hearing. Failure to issue the order within sixty days shall | 6234 |
result in dissolution of the summary suspension order, but shall | 6235 |
not invalidate any subsequent, final adjudicative order. | 6236 |
(H) If the board takes
action under
division (B)(11) | 6237 |
6238 | |
plea, or judicial finding of eligibility for intervention in lieu | 6239 |
of conviction is overturned on appeal, upon exhaustion of the | 6240 |
criminal appeal, a petition for reconsideration of the order may | 6241 |
be filed with the board along with appropriate court documents. | 6242 |
Upon receipt of a petition and supporting court documents, the | 6243 |
board shall reinstate the certificate to practice or prescribe. | 6244 |
The board may then hold an adjudication under Chapter 119. of the | 6245 |
Revised Code to determine whether the individual committed the act | 6246 |
in question. Notice of opportunity for hearing shall be given in | 6247 |
accordance with Chapter 119. of the Revised Code. If the board | 6248 |
finds, pursuant to an adjudication held under this division, that | 6249 |
the individual committed the act, or if no hearing is requested, | 6250 |
it may order any of the sanctions identified under division (B) of | 6251 |
this section. | 6252 |
(I) The certificate to practice issued to a physician | 6253 |
assistant and the physician assistant's practice in this state are | 6254 |
automatically suspended as of the date the physician assistant | 6255 |
pleads guilty to, is found by a judge or jury to be guilty of, or | 6256 |
is subject to a judicial finding of eligibility for intervention | 6257 |
in lieu of conviction in this state or treatment or intervention | 6258 |
in lieu of conviction in another state for any of the following | 6259 |
criminal offenses in this state or a substantially equivalent | 6260 |
criminal offense in another jurisdiction: aggravated murder, | 6261 |
murder, voluntary manslaughter, felonious assault, kidnapping, | 6262 |
rape, sexual battery, gross sexual imposition, aggravated arson, | 6263 |
aggravated robbery, or aggravated burglary. Continued practice | 6264 |
after the suspension shall be considered practicing without a | 6265 |
certificate. | 6266 |
The board shall notify the individual subject to the | 6267 |
suspension by certified mail or in person in accordance with | 6268 |
section 119.07 of the Revised Code. If an individual whose | 6269 |
certificate is suspended under this division fails to make a | 6270 |
timely request for an adjudication under Chapter 119. of the | 6271 |
Revised Code, the board shall enter a final order permanently | 6272 |
revoking the individual's certificate to practice. | 6273 |
(J) In any instance in which the board is required by Chapter | 6274 |
119. of the Revised Code to give notice of opportunity for hearing | 6275 |
and the individual subject to the notice does not timely request a | 6276 |
hearing in accordance with section 119.07 of the Revised Code, the | 6277 |
board is not required to hold a hearing, but may adopt, by an | 6278 |
affirmative vote of not fewer than six of its members, a final | 6279 |
order that contains the board's findings. In that final order, the | 6280 |
board may order any of the sanctions identified under division (A) | 6281 |
or (B) of this section. | 6282 |
(K) Any action taken by the board under division (B) of this | 6283 |
section resulting in a suspension shall be accompanied by a | 6284 |
written statement of the conditions under which the physician | 6285 |
assistant's certificate may be reinstated. The board shall adopt | 6286 |
rules in accordance with Chapter 119. of the Revised Code | 6287 |
governing conditions to be imposed for reinstatement. | 6288 |
Reinstatement of a certificate suspended pursuant to division (B) | 6289 |
of this section requires an affirmative vote of not fewer than six | 6290 |
members of the board. | 6291 |
(L) When the board refuses to grant to an applicant a | 6292 |
certificate to practice as a physician assistant or a certificate | 6293 |
to prescribe, revokes an individual's certificate, refuses to | 6294 |
issue a certificate, or refuses to reinstate an individual's | 6295 |
certificate, the board may specify that its action is permanent. | 6296 |
An individual subject to a permanent action taken by the board is | 6297 |
forever thereafter ineligible to hold the certificate and the | 6298 |
board shall not accept an application for reinstatement of the | 6299 |
certificate or for issuance of a new certificate. | 6300 |
(M) Notwithstanding any other provision of the Revised Code, | 6301 |
all of the following apply: | 6302 |
(1) The surrender of a certificate issued under this chapter | 6303 |
is not effective unless or until accepted by the board. | 6304 |
Reinstatement of a certificate surrendered to the board requires | 6305 |
an affirmative vote of not fewer than six members of the board. | 6306 |
(2) An application made under this chapter for a certificate, | 6307 |
approval of a physician supervisory plan, or approval of a | 6308 |
supervision agreement may not be withdrawn without approval of the | 6309 |
board. | 6310 |
(3) Failure by an individual to renew a certificate in | 6311 |
accordance with section 4730.14 or section 4730.48 of the Revised | 6312 |
Code shall not remove or limit the board's jurisdiction to take | 6313 |
disciplinary action under this section against the individual. | 6314 |
Sec. 4731.22. (A) The state medical board, by an affirmative | 6315 |
vote of not fewer than six of its members, may revoke or may | 6316 |
refuse to grant a certificate to a person found by the board to | 6317 |
have committed fraud during the administration of the examination | 6318 |
for a certificate to practice or to have committed fraud, | 6319 |
misrepresentation, or deception in applying for or securing any | 6320 |
certificate to practice or certificate of registration issued by | 6321 |
the board. | 6322 |
(B) The board, by an affirmative vote of not fewer than six | 6323 |
members, shall, to the extent permitted by law, limit, revoke, or | 6324 |
suspend an individual's certificate to practice, refuse to | 6325 |
register an individual, refuse to reinstate a certificate, or | 6326 |
reprimand or place on probation the holder of a certificate for | 6327 |
one or more of the following reasons: | 6328 |
(1) Permitting one's name or one's certificate to practice or | 6329 |
certificate of registration to be used by a person, group, or | 6330 |
corporation when the individual concerned is not actually | 6331 |
directing the treatment given; | 6332 |
(2) Failure to maintain minimal standards applicable to the | 6333 |
selection or administration of drugs, or failure to employ | 6334 |
acceptable scientific methods in the selection of drugs or other | 6335 |
modalities for treatment of disease; | 6336 |
(3) Selling, giving away, personally furnishing, prescribing, | 6337 |
or administering drugs for other than legal and legitimate | 6338 |
therapeutic purposes or a plea of guilty to, a judicial finding of | 6339 |
guilt of, or a judicial finding of eligibility for intervention in | 6340 |
lieu of conviction of, a violation of any federal or state law | 6341 |
regulating the possession, distribution, or use of any drug; | 6342 |
(4) Willfully betraying a professional confidence. | 6343 |
For purposes of this division, "willfully betraying a | 6344 |
professional confidence" does not include providing any | 6345 |
information, documents, or reports to a child fatality review | 6346 |
board under sections 307.621 to 307.629 of the Revised Code and | 6347 |
does not include the making of a report of an employee's use of a | 6348 |
drug of abuse, or a report of a condition of an employee other | 6349 |
than one involving the use of a drug of abuse, to the employer of | 6350 |
the employee as described in division (B) of section 2305.33 of | 6351 |
the Revised Code. Nothing in this division affects the immunity | 6352 |
from civil liability conferred by that section upon a physician | 6353 |
who makes either type of report in accordance with division (B) of | 6354 |
that section. As used in this division, "employee," "employer," | 6355 |
and "physician" have the same meanings as in section 2305.33 of | 6356 |
the Revised Code. | 6357 |
(5) Making a false, fraudulent, deceptive, or misleading | 6358 |
statement in the solicitation of or advertising for patients; in | 6359 |
relation to the practice of medicine and surgery, osteopathic | 6360 |
medicine and surgery, podiatric medicine and surgery, or a limited | 6361 |
branch of medicine; or in securing or attempting to secure any | 6362 |
certificate to practice or certificate of registration issued by | 6363 |
the board. | 6364 |
As used in this division, "false, fraudulent, deceptive, or | 6365 |
misleading statement" means a statement that includes a | 6366 |
misrepresentation of fact, is likely to mislead or deceive because | 6367 |
of a failure to disclose material facts, is intended or is likely | 6368 |
to create false or unjustified expectations of favorable results, | 6369 |
or includes representations or implications that in reasonable | 6370 |
probability will cause an ordinarily prudent person to | 6371 |
misunderstand or be deceived. | 6372 |
(6) A departure from, or the failure to conform to, minimal | 6373 |
standards of care of similar practitioners under the same or | 6374 |
similar circumstances, whether or not actual injury to a patient | 6375 |
is established; | 6376 |
(7) Representing, with the purpose of obtaining compensation | 6377 |
or other advantage as personal gain or for any other person, that | 6378 |
an incurable disease or injury, or other incurable condition, can | 6379 |
be permanently cured; | 6380 |
(8) The obtaining of, or attempting to obtain, money or | 6381 |
anything of value by fraudulent misrepresentations in the course | 6382 |
of practice; | 6383 |
(9) A plea of guilty to, a judicial finding of guilt of, or a | 6384 |
judicial finding of eligibility for intervention in lieu of | 6385 |
conviction for | 6386 |
the person's fitness or ability to perform the duties and | 6387 |
responsibilities of a certificate holder under this chapter; | 6388 |
(10) Commission of an act that constitutes | 6389 |
state a criminal offense substantially related to the person's | 6390 |
fitness or ability to perform the duties and responsibilities of a | 6391 |
certificate holder under this chapter, regardless of the | 6392 |
jurisdiction in which the act was committed; | 6393 |
(11) | 6394 |
6395 | |
6396 |
| 6397 |
6398 | |
6399 |
| 6400 |
6401 | |
6402 |
| 6403 |
6404 | |
6405 |
| 6406 |
board upon a certificate to practice; | 6407 |
| 6408 |
this chapter; | 6409 |
| 6410 |
Revised Code, engaging in the division of fees for referral of | 6411 |
patients, or the receiving of a thing of value in return for a | 6412 |
specific referral of a patient to utilize a particular service or | 6413 |
business; | 6414 |
| 6415 |
violation of any provision of a code of ethics of the American | 6416 |
medical association, the American osteopathic association, the | 6417 |
American podiatric medical association, or any other national | 6418 |
professional organizations that the board specifies by rule. The | 6419 |
state medical board shall obtain and keep on file current copies | 6420 |
of the codes of ethics of the various national professional | 6421 |
organizations. The individual whose certificate is being suspended | 6422 |
or revoked shall not be found to have violated any provision of a | 6423 |
code of ethics of an organization not appropriate to the | 6424 |
individual's profession. | 6425 |
For purposes of this division, a "provision of a code of | 6426 |
ethics of a national professional organization" does not include | 6427 |
any provision that would preclude the making of a report by a | 6428 |
physician of an employee's use of a drug of abuse, or of a | 6429 |
condition of an employee other than one involving the use of a | 6430 |
drug of abuse, to the employer of the employee as described in | 6431 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 6432 |
this division affects the immunity from civil liability conferred | 6433 |
by that section upon a physician who makes either type of report | 6434 |
in accordance with division (B) of that section. As used in this | 6435 |
division, "employee," "employer," and "physician" have the same | 6436 |
meanings as in section 2305.33 of the Revised Code. | 6437 |
| 6438 |
prevailing standards of care by reason of mental illness or | 6439 |
physical illness, including, but not limited to, physical | 6440 |
deterioration that adversely affects cognitive, motor, or | 6441 |
perceptive skills. | 6442 |
In enforcing this division, the board, upon a showing of a | 6443 |
possible violation, may compel any individual authorized to | 6444 |
practice by this chapter or who has submitted an application | 6445 |
pursuant to this chapter to submit to a mental examination, | 6446 |
physical examination, including an HIV test, or both a mental and | 6447 |
a physical examination. The expense of the examination is the | 6448 |
responsibility of the individual compelled to be examined. Failure | 6449 |
to submit to a mental or physical examination or consent to an HIV | 6450 |
test ordered by the board constitutes an admission of the | 6451 |
allegations against the individual unless the failure is due to | 6452 |
circumstances beyond the individual's control, and a default and | 6453 |
final order may be entered without the taking of testimony or | 6454 |
presentation of evidence. If the board finds an individual unable | 6455 |
to practice because of the reasons set forth in this division, the | 6456 |
board shall require the individual to submit to care, counseling, | 6457 |
or treatment by physicians approved or designated by the board, as | 6458 |
a condition for initial, continued, reinstated, or renewed | 6459 |
authority to practice. An individual affected under this division | 6460 |
shall be afforded an opportunity to demonstrate to the board the | 6461 |
ability to resume practice in compliance with acceptable and | 6462 |
prevailing standards under the provisions of the individual's | 6463 |
certificate. For the purpose of this division, any individual who | 6464 |
applies for or receives a certificate to practice under this | 6465 |
chapter accepts the privilege of practicing in this state and, by | 6466 |
so doing, shall be deemed to have given consent to submit to a | 6467 |
mental or physical examination when directed to do so in writing | 6468 |
by the board, and to have waived all objections to the | 6469 |
admissibility of testimony or examination reports that constitute | 6470 |
a privileged communication. | 6471 |
| 6472 |
section 4731.225 or 4731.281 of the Revised Code, and subject to | 6473 |
section 4731.226 of the Revised Code, violating or attempting to | 6474 |
violate, directly or indirectly, or assisting in or abetting the | 6475 |
violation of, or conspiring to violate, any provisions of this | 6476 |
chapter or any rule promulgated by the board. | 6477 |
This division does not apply to a violation or attempted | 6478 |
violation of, assisting in or abetting the violation of, or a | 6479 |
conspiracy to violate, any provision of this chapter or any rule | 6480 |
adopted by the board that would preclude the making of a report by | 6481 |
a physician of an employee's use of a drug of abuse, or of a | 6482 |
condition of an employee other than one involving the use of a | 6483 |
drug of abuse, to the employer of the employee as described in | 6484 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 6485 |
this division affects the immunity from civil liability conferred | 6486 |
by that section upon a physician who makes either type of report | 6487 |
in accordance with division (B) of that section. As used in this | 6488 |
division, "employee," "employer," and "physician" have the same | 6489 |
meanings as in section 2305.33 of the Revised Code. | 6490 |
| 6491 |
or of any abortion rule adopted by the public health council | 6492 |
pursuant to section 3701.341 of the Revised Code; | 6493 |
| 6494 |
responsible for regulating the practice of medicine and surgery, | 6495 |
osteopathic medicine and surgery, podiatric medicine and surgery, | 6496 |
or the limited branches of medicine in another jurisdiction, for | 6497 |
any reason other than the nonpayment of fees: the limitation, | 6498 |
revocation, or suspension of an individual's license to practice; | 6499 |
acceptance of an individual's license surrender; denial of a | 6500 |
license; refusal to renew or reinstate a license; imposition of | 6501 |
probation; or issuance of an order of censure or other reprimand; | 6502 |
| 6503 |
or the performance or inducement of an abortion upon a pregnant | 6504 |
woman with actual knowledge that the conditions specified in | 6505 |
division (B) of section 2317.56 of the Revised Code have not been | 6506 |
satisfied or with a heedless indifference as to whether those | 6507 |
conditions have been satisfied, unless an affirmative defense as | 6508 |
specified in division (H)(2) of that section would apply in a | 6509 |
civil action authorized by division (H)(1) of that section; | 6510 |
| 6511 |
or termination of clinical privileges by the United States | 6512 |
department of defense or department of veterans affairs or the | 6513 |
termination or suspension of a certificate of registration to | 6514 |
prescribe drugs by the drug enforcement administration of the | 6515 |
United States department of justice; | 6516 |
| 6517 |
medicare or medicaid programs by the department of health and | 6518 |
human services or other responsible agency for any act or acts | 6519 |
that also would constitute a violation of division (B)(2), (3), | 6520 |
(6), (8), or | 6521 |
| 6522 |
acceptable and prevailing standards of care because of habitual or | 6523 |
excessive use or abuse of drugs, alcohol, or other substances that | 6524 |
impair ability to practice. | 6525 |
For the purposes of this division, any individual authorized | 6526 |
to practice by this chapter accepts the privilege of practicing in | 6527 |
this state subject to supervision by the board. By filing an | 6528 |
application for or holding a certificate to practice under this | 6529 |
chapter, an individual shall be deemed to have given consent to | 6530 |
submit to a mental or physical examination when ordered to do so | 6531 |
by the board in writing, and to have waived all objections to the | 6532 |
admissibility of testimony or examination reports that constitute | 6533 |
privileged communications. | 6534 |
If it has reason to believe that any individual authorized to | 6535 |
practice by this chapter or any applicant for certification to | 6536 |
practice suffers such impairment, the board may compel the | 6537 |
individual to submit to a mental or physical examination, or both. | 6538 |
The expense of the examination is the responsibility of the | 6539 |
individual compelled to be examined. Any mental or physical | 6540 |
examination required under this division shall be undertaken by a | 6541 |
treatment provider or physician who is qualified to conduct the | 6542 |
examination and who is chosen by the board. | 6543 |
Failure to submit to a mental or physical examination ordered | 6544 |
by the board constitutes an admission of the allegations against | 6545 |
the individual unless the failure is due to circumstances beyond | 6546 |
the individual's control, and a default and final order may be | 6547 |
entered without the taking of testimony or presentation of | 6548 |
evidence. If the board determines that the individual's ability to | 6549 |
practice is impaired, the board shall suspend the individual's | 6550 |
certificate or deny the individual's application and shall require | 6551 |
the individual, as a condition for initial, continued, reinstated, | 6552 |
or renewed certification to practice, to submit to treatment. | 6553 |
Before being eligible to apply for reinstatement of a | 6554 |
certificate suspended under this division, the impaired | 6555 |
practitioner shall demonstrate to the board the ability to resume | 6556 |
practice in compliance with acceptable and prevailing standards of | 6557 |
care under the provisions of the practitioner's certificate. The | 6558 |
demonstration shall include, but shall not be limited to, the | 6559 |
following: | 6560 |
(a) Certification from a treatment provider approved under | 6561 |
section 4731.25 of the Revised Code that the individual has | 6562 |
successfully completed any required inpatient treatment; | 6563 |
(b) Evidence of continuing full compliance with an aftercare | 6564 |
contract or consent agreement; | 6565 |
(c) Two written reports indicating that the individual's | 6566 |
ability to practice has been assessed and that the individual has | 6567 |
been found capable of practicing according to acceptable and | 6568 |
prevailing standards of care. The reports shall be made by | 6569 |
individuals or providers approved by the board for making the | 6570 |
assessments and shall describe the basis for their determination. | 6571 |
The board may reinstate a certificate suspended under this | 6572 |
division after that demonstration and after the individual has | 6573 |
entered into a written consent agreement. | 6574 |
When the impaired practitioner resumes practice, the board | 6575 |
shall require continued monitoring of the individual. The | 6576 |
monitoring shall include, but not be limited to, compliance with | 6577 |
the written consent agreement entered into before reinstatement or | 6578 |
with conditions imposed by board order after a hearing, and, upon | 6579 |
termination of the consent agreement, submission to the board for | 6580 |
at least two years of annual written progress reports made under | 6581 |
penalty of perjury stating whether the individual has maintained | 6582 |
sobriety. | 6583 |
| 6584 |
or 4731.69 of the Revised Code; | 6585 |
| 6586 |
(a) Waiving the payment of all or any part of a deductible or | 6587 |
copayment that a patient, pursuant to a health insurance or health | 6588 |
care policy, contract, or plan that covers the individual's | 6589 |
services, otherwise would be required to pay if the waiver is used | 6590 |
as an enticement to a patient or group of patients to receive | 6591 |
health care services from that individual; | 6592 |
(b) Advertising that the individual will waive the payment of | 6593 |
all or any part of a deductible or copayment that a patient, | 6594 |
pursuant to a health insurance or health care policy, contract, or | 6595 |
plan that covers the individual's services, otherwise would be | 6596 |
required to pay. | 6597 |
| 6598 |
precautions established by rules adopted under section 4731.051 of | 6599 |
the Revised Code; | 6600 |
| 6601 |
acknowledgment of the notice from, a patient when required by | 6602 |
section 4731.143 of the Revised Code prior to providing | 6603 |
nonemergency professional services, or failure to maintain that | 6604 |
notice in the patient's file; | 6605 |
| 6606 |
assistant to maintain supervision in accordance with the | 6607 |
requirements of Chapter 4730. of the Revised Code and the rules | 6608 |
adopted under that chapter; | 6609 |
| 6610 |
standard care arrangement with a clinical nurse specialist, | 6611 |
certified nurse-midwife, or certified nurse practitioner with whom | 6612 |
the physician or podiatrist is in collaboration pursuant to | 6613 |
section 4731.27 of the Revised Code or failure to fulfill the | 6614 |
responsibilities of collaboration after entering into a standard | 6615 |
care arrangement; | 6616 |
| 6617 |
agreement entered into with a pharmacist pursuant to section | 6618 |
4729.39 of the Revised Code; | 6619 |
| 6620 |
by the board under division (F) of this section, including failure | 6621 |
to comply with a subpoena or order issued by the board or failure | 6622 |
to answer truthfully a question presented by the board at a | 6623 |
deposition or in written interrogatories, except that failure to | 6624 |
cooperate with an investigation shall not constitute grounds for | 6625 |
discipline under this section if a court of competent jurisdiction | 6626 |
has issued an order that either quashes a subpoena or permits the | 6627 |
individual to withhold the testimony or evidence in issue; | 6628 |
| 6629 |
with Chapter 4762. of the Revised Code and the board's rules for | 6630 |
supervision of an acupuncturist; | 6631 |
| 6632 |
in accordance with Chapter 4760. of the Revised Code and the | 6633 |
board's rules for supervision of an anesthesiologist assistant; | 6634 |
| 6635 |
the Revised Code. | 6636 |
(C) Disciplinary actions taken by the board under divisions | 6637 |
(A) and (B) of this section shall be taken pursuant to an | 6638 |
adjudication under Chapter 119. of the Revised Code, except that | 6639 |
in lieu of an adjudication, the board may enter into a consent | 6640 |
agreement with an individual to resolve an allegation of a | 6641 |
violation of this chapter or any rule adopted under it. A consent | 6642 |
agreement, when ratified by an affirmative vote of not fewer than | 6643 |
six members of the board, shall constitute the findings and order | 6644 |
of the board with respect to the matter addressed in the | 6645 |
agreement. If the board refuses to ratify a consent agreement, the | 6646 |
admissions and findings contained in the consent agreement shall | 6647 |
be of no force or effect. | 6648 |
If the board takes disciplinary action against an individual | 6649 |
under division (B) of this section for a second or subsequent plea | 6650 |
of guilty to, or judicial finding of guilt of, a violation of | 6651 |
section 2919.123 of the Revised Code, the disciplinary action | 6652 |
shall consist of a suspension of the individual's certificate to | 6653 |
practice for a period of at least one year or, if determined | 6654 |
appropriate by the board, a more serious sanction involving the | 6655 |
individual's certificate to practice. Any consent agreement | 6656 |
entered into under this division with an individual that pertains | 6657 |
to a second or subsequent plea of guilty to, or judicial finding | 6658 |
of guilt of, a violation of that section shall provide for a | 6659 |
suspension of the individual's certificate to practice for a | 6660 |
period of at least one year or, if determined appropriate by the | 6661 |
board, a more serious sanction involving the individual's | 6662 |
certificate to practice. | 6663 |
(D) For purposes of | 6664 |
6665 | |
by a finding by the board, pursuant to an adjudication under | 6666 |
Chapter 119. of the Revised Code, that the individual committed | 6667 |
the act. The board does not have jurisdiction under those | 6668 |
divisions if the trial court renders a final judgment in the | 6669 |
individual's favor and that judgment is based upon an adjudication | 6670 |
on the merits. The board has jurisdiction under those divisions if | 6671 |
the trial court issues an order of dismissal upon technical or | 6672 |
procedural grounds. | 6673 |
(E) The sealing of conviction records by any court shall have | 6674 |
no effect upon a prior board order entered under this section or | 6675 |
upon the board's jurisdiction to take action under this section | 6676 |
if, based upon a plea of guilty, a judicial finding of guilt, or a | 6677 |
judicial finding of eligibility for intervention in lieu of | 6678 |
conviction, the board issued a notice of opportunity for a hearing | 6679 |
prior to the court's order to seal the records. The board shall | 6680 |
not be required to seal, destroy, redact, or otherwise modify its | 6681 |
records to reflect the court's sealing of conviction records. | 6682 |
(F)(1) The board shall investigate evidence that appears to | 6683 |
show that a person has violated any provision of this chapter or | 6684 |
any rule adopted under it. Any person may report to the board in a | 6685 |
signed writing any information that the person may have that | 6686 |
appears to show a violation of any provision of this chapter or | 6687 |
any rule adopted under it. In the absence of bad faith, any person | 6688 |
who reports information of that nature or who testifies before the | 6689 |
board in any adjudication conducted under Chapter 119. of the | 6690 |
Revised Code shall not be liable in damages in a civil action as a | 6691 |
result of the report or testimony. Each complaint or allegation of | 6692 |
a violation received by the board shall be assigned a case number | 6693 |
and shall be recorded by the board. | 6694 |
(2) Investigations of alleged violations of this chapter or | 6695 |
any rule adopted under it shall be supervised by the supervising | 6696 |
member elected by the board in accordance with section 4731.02 of | 6697 |
the Revised Code and by the secretary as provided in section | 6698 |
4731.39 of the Revised Code. The president may designate another | 6699 |
member of the board to supervise the investigation in place of the | 6700 |
supervising member. No member of the board who supervises the | 6701 |
investigation of a case shall participate in further adjudication | 6702 |
of the case. | 6703 |
(3) In investigating a possible violation of this chapter or | 6704 |
any rule adopted under this chapter, the board may administer | 6705 |
oaths, order the taking of depositions, issue subpoenas, and | 6706 |
compel the attendance of witnesses and production of books, | 6707 |
accounts, papers, records, documents, and testimony, except that a | 6708 |
subpoena for patient record information shall not be issued | 6709 |
without consultation with the attorney general's office and | 6710 |
approval of the secretary and supervising member of the board. | 6711 |
Before issuance of a subpoena for patient record information, the | 6712 |
secretary and supervising member shall determine whether there is | 6713 |
probable cause to believe that the complaint filed alleges a | 6714 |
violation of this chapter or any rule adopted under it and that | 6715 |
the records sought are relevant to the alleged violation and | 6716 |
material to the investigation. The subpoena may apply only to | 6717 |
records that cover a reasonable period of time surrounding the | 6718 |
alleged violation. | 6719 |
On failure to comply with any subpoena issued by the board | 6720 |
and after reasonable notice to the person being subpoenaed, the | 6721 |
board may move for an order compelling the production of persons | 6722 |
or records pursuant to the Rules of Civil Procedure. | 6723 |
A subpoena issued by the board may be served by a sheriff, | 6724 |
the sheriff's deputy, or a board employee designated by the board. | 6725 |
Service of a subpoena issued by the board may be made by | 6726 |
delivering a copy of the subpoena to the person named therein, | 6727 |
reading it to the person, or leaving it at the person's usual | 6728 |
place of residence. When the person being served is a person whose | 6729 |
practice is authorized by this chapter, service of the subpoena | 6730 |
may be made by certified mail, restricted delivery, return receipt | 6731 |
requested, and the subpoena shall be deemed served on the date | 6732 |
delivery is made or the date the person refuses to accept | 6733 |
delivery. | 6734 |
A sheriff's deputy who serves a subpoena shall receive the | 6735 |
same fees as a sheriff. Each witness who appears before the board | 6736 |
in obedience to a subpoena shall receive the fees and mileage | 6737 |
provided for witnesses in civil cases in the courts of common | 6738 |
pleas. | 6739 |
(4) All hearings and investigations of the board shall be | 6740 |
considered civil actions for the purposes of section 2305.252 of | 6741 |
the Revised Code. | 6742 |
(5) Information received by the board pursuant to an | 6743 |
investigation is confidential and not subject to discovery in any | 6744 |
civil action. | 6745 |
The board shall conduct all investigations and proceedings in | 6746 |
a manner that protects the confidentiality of patients and persons | 6747 |
who file complaints with the board. The board shall not make | 6748 |
public the names or any other identifying information about | 6749 |
patients or complainants unless proper consent is given or, in the | 6750 |
case of a patient, a waiver of the patient privilege exists under | 6751 |
division (B) of section 2317.02 of the Revised Code, except that | 6752 |
consent or a waiver of that nature is not required if the board | 6753 |
possesses reliable and substantial evidence that no bona fide | 6754 |
physician-patient relationship exists. | 6755 |
The board may share any information it receives pursuant to | 6756 |
an investigation, including patient records and patient record | 6757 |
information, with law enforcement agencies, other licensing | 6758 |
boards, and other governmental agencies that are prosecuting, | 6759 |
adjudicating, or investigating alleged violations of statutes or | 6760 |
administrative rules. An agency or board that receives the | 6761 |
information shall comply with the same requirements regarding | 6762 |
confidentiality as those with which the state medical board must | 6763 |
comply, notwithstanding any conflicting provision of the Revised | 6764 |
Code or procedure of the agency or board that applies when it is | 6765 |
dealing with other information in its possession. In a judicial | 6766 |
proceeding, the information may be admitted into evidence only in | 6767 |
accordance with the Rules of Evidence, but the court shall require | 6768 |
that appropriate measures are taken to ensure that confidentiality | 6769 |
is maintained with respect to any part of the information that | 6770 |
contains names or other identifying information about patients or | 6771 |
complainants whose confidentiality was protected by the state | 6772 |
medical board when the information was in the board's possession. | 6773 |
Measures to ensure confidentiality that may be taken by the court | 6774 |
include sealing its records or deleting specific information from | 6775 |
its records. | 6776 |
(6) On a quarterly basis, the board shall prepare a report | 6777 |
that documents the disposition of all cases during the preceding | 6778 |
three months. The report shall contain the following information | 6779 |
for each case with which the board has completed its activities: | 6780 |
(a) The case number assigned to the complaint or alleged | 6781 |
violation; | 6782 |
(b) The type of certificate to practice, if any, held by the | 6783 |
individual against whom the complaint is directed; | 6784 |
(c) A description of the allegations contained in the | 6785 |
complaint; | 6786 |
(d) The disposition of the case. | 6787 |
The report shall state how many cases are still pending and | 6788 |
shall be prepared in a manner that protects the identity of each | 6789 |
person involved in each case. The report shall be a public record | 6790 |
under section 149.43 of the Revised Code. | 6791 |
(G) If the secretary and supervising member determine that | 6792 |
there is clear and convincing evidence that an individual has | 6793 |
violated division (B) of this section and that the individual's | 6794 |
continued practice presents a danger of immediate and serious harm | 6795 |
to the public, they may recommend that the board suspend the | 6796 |
individual's certificate to practice without a prior hearing. | 6797 |
Written allegations shall be prepared for consideration by the | 6798 |
board. | 6799 |
The board, upon review of those allegations and by an | 6800 |
affirmative vote of not fewer than six of its members, excluding | 6801 |
the secretary and supervising member, may suspend a certificate | 6802 |
without a prior hearing. A telephone conference call may be | 6803 |
utilized for reviewing the allegations and taking the vote on the | 6804 |
summary suspension. | 6805 |
The board shall issue a written order of suspension by | 6806 |
certified mail or in person in accordance with section 119.07 of | 6807 |
the Revised Code. The order shall not be subject to suspension by | 6808 |
the court during pendency of any appeal filed under section 119.12 | 6809 |
of the Revised Code. If the individual subject to the summary | 6810 |
suspension requests an adjudicatory hearing by the board, the date | 6811 |
set for the hearing shall be within fifteen days, but not earlier | 6812 |
than seven days, after the individual requests the hearing, unless | 6813 |
otherwise agreed to by both the board and the individual. | 6814 |
Any summary suspension imposed under this division shall | 6815 |
remain in effect, unless reversed on appeal, until a final | 6816 |
adjudicative order issued by the board pursuant to this section | 6817 |
and Chapter 119. of the Revised Code becomes effective. The board | 6818 |
shall issue its final adjudicative order within sixty days after | 6819 |
completion of its hearing. A failure to issue the order within | 6820 |
sixty days shall result in dissolution of the summary suspension | 6821 |
order but shall not invalidate any subsequent, final adjudicative | 6822 |
order. | 6823 |
(H) If the board takes action under division
(B)(9) | 6824 |
6825 | |
plea, or judicial finding of eligibility for intervention in lieu | 6826 |
of conviction is overturned on appeal, upon exhaustion of the | 6827 |
criminal appeal, a petition for reconsideration of the order may | 6828 |
be filed with the board along with appropriate court documents. | 6829 |
Upon receipt of a petition of that nature and supporting court | 6830 |
documents, the board shall reinstate the individual's certificate | 6831 |
to practice. The board may then hold an adjudication under Chapter | 6832 |
119. of the Revised Code to determine whether the individual | 6833 |
committed the act in question. Notice of an opportunity for a | 6834 |
hearing shall be given in accordance with Chapter 119. of the | 6835 |
Revised Code. If the board finds, pursuant to an adjudication held | 6836 |
under this division, that the individual committed the act or if | 6837 |
no hearing is requested, the board may order any of the sanctions | 6838 |
identified under division (B) of this section. | 6839 |
(I) The certificate to practice issued to an individual under | 6840 |
this chapter and the individual's practice in this state are | 6841 |
automatically suspended as of the date of the individual's second | 6842 |
or subsequent plea of guilty to, or judicial finding of guilt of, | 6843 |
a violation of section 2919.123 of the Revised Code, or the date | 6844 |
the individual pleads guilty to, is found by a judge or jury to be | 6845 |
guilty of, or is subject to a judicial finding of eligibility for | 6846 |
intervention in lieu of conviction in this state or treatment or | 6847 |
intervention in lieu of conviction in another jurisdiction for any | 6848 |
of the following criminal offenses in this state or a | 6849 |
substantially equivalent criminal offense in another jurisdiction: | 6850 |
aggravated murder, murder, voluntary manslaughter, felonious | 6851 |
assault, kidnapping, rape, sexual battery, gross sexual | 6852 |
imposition, aggravated arson, aggravated robbery, or aggravated | 6853 |
burglary. Continued practice after suspension shall be considered | 6854 |
practicing without a certificate. | 6855 |
The board shall notify the individual subject to the | 6856 |
suspension by certified mail or in person in accordance with | 6857 |
section 119.07 of the Revised Code. If an individual whose | 6858 |
certificate is automatically suspended under this division fails | 6859 |
to make a timely request for an adjudication under Chapter 119. of | 6860 |
the Revised Code, the board shall do whichever of the following is | 6861 |
applicable: | 6862 |
(1) If the automatic suspension under this division is for a | 6863 |
second or subsequent plea of guilty to, or judicial finding of | 6864 |
guilt of, a violation of section 2919.123 of the Revised Code, the | 6865 |
board shall enter an order suspending the individual's certificate | 6866 |
to practice for a period of at least one year or, if determined | 6867 |
appropriate by the board, imposing a more serious sanction | 6868 |
involving the individual's certificate to practice. | 6869 |
(2) In all circumstances in which division (I)(1) of this | 6870 |
section does not apply, enter a final order permanently revoking | 6871 |
the individual's certificate to practice. | 6872 |
(J) If the board is required by Chapter 119. of the Revised | 6873 |
Code to give notice of an opportunity for a hearing and if the | 6874 |
individual subject to the notice does not timely request a hearing | 6875 |
in accordance with section 119.07 of the Revised Code, the board | 6876 |
is not required to hold a hearing, but may adopt, by an | 6877 |
affirmative vote of not fewer than six of its members, a final | 6878 |
order that contains the board's findings. In that final order, the | 6879 |
board may order any of the sanctions identified under division (A) | 6880 |
or (B) of this section. | 6881 |
(K) Any action taken by the board under division (B) of this | 6882 |
section resulting in a suspension from practice shall be | 6883 |
accompanied by a written statement of the conditions under which | 6884 |
the individual's certificate to practice may be reinstated. The | 6885 |
board shall adopt rules governing conditions to be imposed for | 6886 |
reinstatement. Reinstatement of a certificate suspended pursuant | 6887 |
to division (B) of this section requires an affirmative vote of | 6888 |
not fewer than six members of the board. | 6889 |
(L) When the board refuses to grant a certificate to an | 6890 |
applicant, revokes an individual's certificate to practice, | 6891 |
refuses to register an applicant, or refuses to reinstate an | 6892 |
individual's certificate to practice, the board may specify that | 6893 |
its action is permanent. An individual subject to a permanent | 6894 |
action taken by the board is forever thereafter ineligible to hold | 6895 |
a certificate to practice and the board shall not accept an | 6896 |
application for reinstatement of the certificate or for issuance | 6897 |
of a new certificate. | 6898 |
(M) Notwithstanding any other provision of the Revised Code, | 6899 |
all of the following apply: | 6900 |
(1) The surrender of a certificate issued under this chapter | 6901 |
shall not be effective unless or until accepted by the board. | 6902 |
Reinstatement of a certificate surrendered to the board requires | 6903 |
an affirmative vote of not fewer than six members of the board. | 6904 |
(2) An application for a certificate made under the | 6905 |
provisions of this chapter may not be withdrawn without approval | 6906 |
of the board. | 6907 |
(3) Failure by an individual to renew a certificate of | 6908 |
registration in accordance with this chapter shall not remove or | 6909 |
limit the board's jurisdiction to take any disciplinary action | 6910 |
under this section against the individual. | 6911 |
(N) Sanctions shall not be imposed under division
(B) | 6912 |
of this section against any person who waives deductibles and | 6913 |
copayments as follows: | 6914 |
(1) In compliance with the health benefit plan that expressly | 6915 |
allows such a practice. Waiver of the deductibles or copayments | 6916 |
shall be made only with the full knowledge and consent of the plan | 6917 |
purchaser, payer, and third-party administrator. Documentation of | 6918 |
the consent shall be made available to the board upon request. | 6919 |
(2) For professional services rendered to any other person | 6920 |
authorized to practice pursuant to this chapter, to the extent | 6921 |
allowed by this chapter and rules adopted by the board. | 6922 |
(O) Under the board's investigative duties described in this | 6923 |
section and subject to division (F) of this section, the board | 6924 |
shall develop and implement a quality intervention program | 6925 |
designed to improve through remedial education the clinical and | 6926 |
communication skills of individuals authorized under this chapter | 6927 |
to practice medicine and surgery, osteopathic medicine and | 6928 |
surgery, and podiatric medicine and surgery. In developing and | 6929 |
implementing the quality intervention program, the board may do | 6930 |
all of the following: | 6931 |
(1) Offer in appropriate cases as determined by the board an | 6932 |
educational and assessment program pursuant to an investigation | 6933 |
the board conducts under this section; | 6934 |
(2) Select providers of educational and assessment services, | 6935 |
including a quality intervention program panel of case reviewers; | 6936 |
(3) Make referrals to educational and assessment service | 6937 |
providers and approve individual educational programs recommended | 6938 |
by those providers. The board shall monitor the progress of each | 6939 |
individual undertaking a recommended individual educational | 6940 |
program. | 6941 |
(4) Determine what constitutes successful completion of an | 6942 |
individual educational program and require further monitoring of | 6943 |
the individual who completed the program or other action that the | 6944 |
board determines to be appropriate; | 6945 |
(5) Adopt rules in accordance with Chapter 119. of the | 6946 |
Revised Code to further implement the quality intervention | 6947 |
program. | 6948 |
An individual who participates in an individual educational | 6949 |
program pursuant to this division shall pay the financial | 6950 |
obligations arising from that educational program. | 6951 |
Sec. 4731.224. (A) Within sixty days after the imposition of | 6952 |
any formal disciplinary action taken by any health care facility, | 6953 |
including a hospital, health care facility operated by a health | 6954 |
insuring corporation, ambulatory surgical center, or similar | 6955 |
facility, against any individual holding a valid certificate to | 6956 |
practice issued pursuant to this chapter, the chief administrator | 6957 |
or executive officer of the facility shall report to the state | 6958 |
medical board the name of the individual, the action taken by the | 6959 |
facility, and a summary of the underlying facts leading to the | 6960 |
action taken. Upon request, the board shall be provided certified | 6961 |
copies of the patient records that were the basis for the | 6962 |
facility's action. Prior to release to the board, the summary | 6963 |
shall be approved by the peer review committee that reviewed the | 6964 |
case or by the governing board of the facility. As used in this | 6965 |
division, "formal disciplinary action" means any action resulting | 6966 |
in the revocation, restriction, reduction, or termination of | 6967 |
clinical privileges for violations of professional ethics, or for | 6968 |
reasons of medical incompetence, medical malpractice, or drug or | 6969 |
alcohol abuse. "Formal disciplinary action" includes a summary | 6970 |
action, an action that takes effect notwithstanding any appeal | 6971 |
rights that may exist, and an action that results in an individual | 6972 |
surrendering clinical privileges while under investigation and | 6973 |
during proceedings regarding the action being taken or in return | 6974 |
for not being investigated or having proceedings held. "Formal | 6975 |
disciplinary action" does not include any action taken for the | 6976 |
sole reason of failure to maintain records on a timely basis or | 6977 |
failure to attend staff or section meetings. | 6978 |
The filing or nonfiling of a report with the board, | 6979 |
investigation by the board, or any disciplinary action taken by | 6980 |
the board, shall not preclude any action by a health care facility | 6981 |
to suspend, restrict, or revoke the individual's clinical | 6982 |
privileges. | 6983 |
In the absence of fraud or bad faith, no individual or entity | 6984 |
that provides patient records to the board shall be liable in | 6985 |
damages to any person as a result of providing the records. | 6986 |
(B) If any individual authorized to practice under this | 6987 |
chapter or any professional association or society of such | 6988 |
individuals believes that a violation of any provision of this | 6989 |
chapter, Chapter 4730., 4760., or 4762. of the Revised Code, or | 6990 |
any rule of the board has occurred, the individual, association, | 6991 |
or society shall report to the board the information upon which | 6992 |
the belief is based. This division does not require any treatment | 6993 |
provider approved by the board under section 4731.25 of the | 6994 |
Revised Code or any employee, agent, or representative of such a | 6995 |
provider to make reports with respect to an impaired practitioner | 6996 |
participating in treatment or aftercare for substance abuse as | 6997 |
long as the practitioner maintains participation in accordance | 6998 |
with the requirements of section 4731.25 of the Revised Code, and | 6999 |
as long as the treatment provider or employee, agent, or | 7000 |
representative of the provider has no reason to believe that the | 7001 |
practitioner has violated any provision of this chapter or any | 7002 |
rule adopted under it, other than the provisions of division | 7003 |
(B) | 7004 |
does not require reporting by any member of an impaired | 7005 |
practitioner committee established by a health care facility or by | 7006 |
any representative or agent of a committee or program sponsored by | 7007 |
a professional association or society of individuals authorized to | 7008 |
practice under this chapter to provide peer assistance to | 7009 |
practitioners with substance abuse problems with respect to a | 7010 |
practitioner who has been referred for examination to a treatment | 7011 |
program approved by the board under section 4731.25 of the Revised | 7012 |
Code if the practitioner cooperates with the referral for | 7013 |
examination and with any determination that the practitioner | 7014 |
should enter treatment and as long as the committee member, | 7015 |
representative, or agent has no reason to believe that the | 7016 |
practitioner has ceased to participate in the treatment program in | 7017 |
accordance with section 4731.25 of the Revised Code or has | 7018 |
violated any provision of this chapter or any rule adopted under | 7019 |
it,
other than the provisions
of division (B) | 7020 |
4731.22 of the Revised Code. | 7021 |
(C) Any professional association or society composed | 7022 |
primarily of doctors of medicine and surgery, doctors of | 7023 |
osteopathic medicine and surgery, doctors of podiatric medicine | 7024 |
and surgery, or practitioners of limited branches of medicine that | 7025 |
suspends or revokes an individual's membership for violations of | 7026 |
professional ethics, or for reasons of professional incompetence | 7027 |
or professional malpractice, within sixty days after a final | 7028 |
decision shall report to the board, on forms prescribed and | 7029 |
provided by the board, the name of the individual, the action | 7030 |
taken by the professional organization, and a summary of the | 7031 |
underlying facts leading to the action taken. | 7032 |
The filing of a report with the board or decision not to file | 7033 |
a report, investigation by the board, or any disciplinary action | 7034 |
taken by the board, does not preclude a professional organization | 7035 |
from taking disciplinary action against an individual. | 7036 |
(D) Any insurer providing professional liability insurance to | 7037 |
an individual authorized to practice under this chapter, or any | 7038 |
other entity that seeks to indemnify the professional liability of | 7039 |
such an individual, shall notify the board within thirty days | 7040 |
after the final disposition of any written claim for damages where | 7041 |
such disposition results in a payment exceeding twenty-five | 7042 |
thousand dollars. The notice shall contain the following | 7043 |
information: | 7044 |
(1) The name and address of the person submitting the | 7045 |
notification; | 7046 |
(2) The name and address of the insured who is the subject of | 7047 |
the claim; | 7048 |
(3) The name of the person filing the written claim; | 7049 |
(4) The date of final disposition; | 7050 |
(5) If applicable, the identity of the court in which the | 7051 |
final disposition of the claim took place. | 7052 |
(E) The board may investigate possible violations of this | 7053 |
chapter or the rules adopted under it that are brought to its | 7054 |
attention as a result of the reporting requirements of this | 7055 |
section, except that the board shall conduct an investigation if a | 7056 |
possible violation involves repeated malpractice. As used in this | 7057 |
division, "repeated malpractice" means three or more claims for | 7058 |
medical malpractice within the previous five-year period, each | 7059 |
resulting in a judgment or settlement in excess of twenty-five | 7060 |
thousand dollars in favor of the claimant, and each involving | 7061 |
negligent conduct by the practicing individual. | 7062 |
(F) All summaries, reports, and records received and | 7063 |
maintained by the board pursuant to this section shall be held in | 7064 |
confidence and shall not be subject to discovery or introduction | 7065 |
in evidence in any federal or state civil action involving a | 7066 |
health care professional or facility arising out of matters that | 7067 |
are the subject of the reporting required by this section. The | 7068 |
board may use the information obtained only as the basis for an | 7069 |
investigation, as evidence in a disciplinary hearing against an | 7070 |
individual whose practice is regulated under this chapter, or in | 7071 |
any subsequent trial or appeal of a board action or order. | 7072 |
The board may disclose the summaries and reports it receives | 7073 |
under this section only to health care facility committees within | 7074 |
or outside this state that are involved in credentialing or | 7075 |
recredentialing the individual or in reviewing the individual's | 7076 |
clinical privileges. The board shall indicate whether or not the | 7077 |
information has been verified. Information transmitted by the | 7078 |
board shall be subject to the same confidentiality provisions as | 7079 |
when maintained by the board. | 7080 |
(G) Except for reports filed by an individual pursuant to | 7081 |
division (B) of this section, the board shall send a copy of any | 7082 |
reports or summaries it receives pursuant to this section to the | 7083 |
individual who is the subject of the reports or summaries. The | 7084 |
individual shall have the right to file a statement with the board | 7085 |
concerning the correctness or relevance of the information. The | 7086 |
statement shall at all times accompany that part of the record in | 7087 |
contention. | 7088 |
(H) An individual or entity that, pursuant to this section, | 7089 |
reports to the board or refers an impaired practitioner to a | 7090 |
treatment provider approved by the board under section 4731.25 of | 7091 |
the Revised Code shall not be subject to suit for civil damages as | 7092 |
a result of the report, referral, or provision of the information. | 7093 |
(I) In the absence of fraud or bad faith, no professional | 7094 |
association or society of individuals authorized to practice under | 7095 |
this chapter that sponsors a committee or program to provide peer | 7096 |
assistance to practitioners with substance abuse problems, no | 7097 |
representative or agent of such a committee or program, and no | 7098 |
member of the state medical board shall be held liable in damages | 7099 |
to any person by reason of actions taken to refer a practitioner | 7100 |
to a treatment provider approved under section 4731.25 of the | 7101 |
Revised Code for examination or treatment. | 7102 |
Sec. 4731.225. If the holder of a certificate issued under | 7103 |
this chapter violates division (A), (B), or (C) of section 4731.66 | 7104 |
or section 4731.69 of the Revised Code, or if any other person | 7105 |
violates division (B) or (C) of section 4731.66 or section 4731.69 | 7106 |
of the Revised Code, the state medical board, pursuant to an | 7107 |
adjudication under Chapter 119. of the Revised Code and an | 7108 |
affirmative vote of not fewer than six of its members, shall: | 7109 |
(A) For a first violation, impose a civil penalty of not more | 7110 |
than five thousand dollars; | 7111 |
(B) For each subsequent violation, impose a civil penalty of | 7112 |
not more than twenty thousand dollars and, if the violator is a | 7113 |
certificate holder, proceed
under division (B) | 7114 |
4731.22 of the Revised Code. | 7115 |
Sec. 4731.226. (A)(1) An individual whom the state medical | 7116 |
board licenses, certificates, or otherwise legally authorizes to | 7117 |
engage in the practice of medicine and surgery, osteopathic | 7118 |
medicine and surgery, or podiatric medicine and surgery may render | 7119 |
the professional services of a doctor of medicine and surgery, | 7120 |
osteopathic medicine and surgery, or podiatric medicine and | 7121 |
surgery within this state through a corporation formed under | 7122 |
division (B) of section 1701.03 of the Revised Code, a limited | 7123 |
liability company formed under Chapter 1705. of the Revised Code, | 7124 |
a partnership, or a professional association formed under Chapter | 7125 |
1785. of the Revised Code. Division (A)(1) of this section does | 7126 |
not preclude an individual of that nature from rendering | 7127 |
professional services as a doctor of medicine and surgery, | 7128 |
osteopathic medicine and surgery, or podiatric medicine and | 7129 |
surgery through another form of business entity, including, but | 7130 |
not limited to, a nonprofit corporation or foundation, or in | 7131 |
another manner that is authorized by or in accordance with this | 7132 |
chapter, another chapter of the Revised Code, or rules of the | 7133 |
state medical board adopted pursuant to this chapter. | 7134 |
(2) An individual whom the state medical board authorizes to | 7135 |
engage in the practice of mechanotherapy may render the | 7136 |
professional services of a mechanotherapist within this state | 7137 |
through a corporation formed under division (B) of section 1701.03 | 7138 |
of the Revised Code, a limited liability company formed under | 7139 |
Chapter 1705. of the Revised Code, a partnership, or a | 7140 |
professional association formed under Chapter 1785. of the Revised | 7141 |
Code. Division (A)(2) of this section does not preclude an | 7142 |
individual of that nature from rendering professional services as | 7143 |
a mechanotherapist through another form of business entity, | 7144 |
including, but not limited to, a nonprofit corporation or | 7145 |
foundation, or in another manner that is authorized by or in | 7146 |
accordance with this chapter, another chapter of the Revised Code, | 7147 |
or rules of the state medical board adopted pursuant to this | 7148 |
chapter. | 7149 |
(B) A corporation, limited liability company, partnership, or | 7150 |
professional association described in division (A) of this section | 7151 |
may be formed for the purpose of providing a combination of the | 7152 |
professional services of the following individuals who are | 7153 |
licensed, certificated, or otherwise legally authorized to | 7154 |
practice their respective professions: | 7155 |
(1) Optometrists who are authorized to practice optometry | 7156 |
under Chapter 4725. of the Revised Code; | 7157 |
(2) Chiropractors who are authorized to practice chiropractic | 7158 |
under Chapter 4734. of the Revised Code; | 7159 |
(3) Psychologists who are authorized to practice psychology | 7160 |
under Chapter 4732. of the Revised Code; | 7161 |
(4) Registered or licensed practical nurses who are | 7162 |
authorized to practice nursing as registered nurses or as licensed | 7163 |
practical nurses under Chapter 4723. of the Revised Code; | 7164 |
(5) Pharmacists who are authorized to practice pharmacy under | 7165 |
Chapter 4729. of the Revised Code; | 7166 |
(6) Physical therapists who are authorized to practice | 7167 |
physical therapy under sections 4755.40 to 4755.56 of the Revised | 7168 |
Code; | 7169 |
(7) Occupational therapists who are authorized to practice | 7170 |
occupational therapy under sections 4755.04 to 4755.13 of the | 7171 |
Revised Code; | 7172 |
(8) Mechanotherapists who are authorized to practice | 7173 |
mechanotherapy under section 4731.151 of the Revised Code; | 7174 |
(9) Doctors of medicine and surgery, osteopathic medicine and | 7175 |
surgery, or podiatric medicine and surgery who are authorized for | 7176 |
their respective practices under this chapter. | 7177 |
(C) Division (B) of this section shall apply notwithstanding | 7178 |
a provision of a code of ethics
described in
division (B) | 7179 |
of section 4731.22 of the Revised Code that prohibits either of | 7180 |
the following: | 7181 |
(1) A doctor of medicine and surgery, osteopathic medicine | 7182 |
and surgery, or podiatric medicine and surgery from engaging in | 7183 |
the doctor's authorized practice in combination with a person who | 7184 |
is licensed, certificated, or otherwise legally authorized to | 7185 |
engage in the practice of optometry, chiropractic, psychology, | 7186 |
nursing, pharmacy, physical therapy, occupational therapy, or | 7187 |
mechanotherapy, but who is not also licensed, certificated, or | 7188 |
otherwise legally authorized to practice medicine and surgery, | 7189 |
osteopathic medicine and surgery, or podiatric medicine and | 7190 |
surgery. | 7191 |
(2) A mechanotherapist from engaging in the practice of | 7192 |
mechanotherapy in combination with a person who is licensed, | 7193 |
certificated, or otherwise legally authorized to engage in the | 7194 |
practice of optometry, chiropractic, psychology, nursing, | 7195 |
pharmacy, physical therapy, occupational therapy, medicine and | 7196 |
surgery, osteopathic medicine and surgery, or podiatric medicine | 7197 |
and surgery, but who is not also licensed, certificated, or | 7198 |
otherwise legally authorized to engage in the practice of | 7199 |
mechanotherapy. | 7200 |
Sec. 4731.25. The state medical board, in accordance with | 7201 |
Chapter 119. of the Revised Code, shall adopt and may amend and | 7202 |
rescind rules establishing standards for approval of physicians | 7203 |
and facilities as treatment providers for impaired practitioners | 7204 |
who are regulated under this chapter or Chapter 4730., 4760., or | 7205 |
4762. of the Revised Code. The rules shall include standards for | 7206 |
both inpatient and outpatient treatment. The rules shall provide | 7207 |
that in order to be approved, a treatment provider must have the | 7208 |
capability of making an initial examination to determine what type | 7209 |
of treatment an impaired practitioner requires. Subject to the | 7210 |
rules, the board shall review and approve treatment providers on a | 7211 |
regular basis. The board, at its discretion, may withdraw or deny | 7212 |
approval subject to the rules. | 7213 |
An approved impaired practitioner treatment provider shall: | 7214 |
(A) Report to the board the name of any practitioner | 7215 |
suffering or showing evidence of suffering impairment as described | 7216 |
in division (B)(5) of section 4730.25 of the Revised Code, | 7217 |
division (B) | 7218 |
division (B)(6) of section 4760.13 of the Revised Code, or | 7219 |
division (B)(6) of section 4762.13 of the Revised Code who fails | 7220 |
to comply within one week with a referral for examination; | 7221 |
(B) Report to the board the name of any impaired practitioner | 7222 |
who fails to enter treatment within forty-eight hours following | 7223 |
the provider's determination that the practitioner needs | 7224 |
treatment; | 7225 |
(C) Require every practitioner who enters treatment to agree | 7226 |
to a treatment contract establishing the terms of treatment and | 7227 |
aftercare, including any required supervision or restrictions of | 7228 |
practice during treatment or aftercare; | 7229 |
(D) Require a practitioner to suspend practice upon entry | 7230 |
into any required inpatient treatment; | 7231 |
(E) Report to the board any failure by an impaired | 7232 |
practitioner to comply with the terms of the treatment contract | 7233 |
during inpatient or outpatient treatment or aftercare; | 7234 |
(F) Report to the board the resumption of practice of any | 7235 |
impaired practitioner before the treatment provider has made a | 7236 |
clear determination that the practitioner is capable of practicing | 7237 |
according to acceptable and prevailing standards of care; | 7238 |
(G) Require a practitioner who resumes practice after | 7239 |
completion of treatment to comply with an aftercare contract that | 7240 |
meets the requirements of rules adopted by the board for approval | 7241 |
of treatment providers; | 7242 |
(H) Report the identity of any practitioner practicing under | 7243 |
the terms of an aftercare contract to hospital administrators, | 7244 |
medical chiefs of staff, and chairpersons of impaired practitioner | 7245 |
committees of all health care institutions at which the | 7246 |
practitioner holds clinical privileges or otherwise practices. If | 7247 |
the practitioner does not hold clinical privileges at any health | 7248 |
care institution, the treatment provider shall report the | 7249 |
practitioner's identity to the impaired practitioner committee of | 7250 |
the county medical society, osteopathic academy, or podiatric | 7251 |
medical association in every county in which the practitioner | 7252 |
practices. If there are no impaired practitioner committees in the | 7253 |
county, the treatment provider shall report the practitioner's | 7254 |
identity to the president or other designated member of the county | 7255 |
medical society, osteopathic academy, or podiatric medical | 7256 |
association. | 7257 |
(I) Report to the board the identity of any practitioner who | 7258 |
suffers a relapse at any time during or following aftercare. | 7259 |
Any individual authorized to practice under this chapter who | 7260 |
enters into treatment by an approved treatment provider shall be | 7261 |
deemed to have waived any confidentiality requirements that would | 7262 |
otherwise prevent the treatment provider from making reports | 7263 |
required under this section. | 7264 |
In the absence of fraud or bad faith, no person or | 7265 |
organization that conducts an approved impaired practitioner | 7266 |
treatment program, no member of such an organization, and no | 7267 |
employee, representative, or agent of the treatment provider shall | 7268 |
be held liable in damages to any person by reason of actions taken | 7269 |
or recommendations made by the treatment provider or its | 7270 |
employees, representatives, or agents. | 7271 |
Sec. 4732.02. The governor, with the advice and consent of | 7272 |
the senate, shall appoint a state board of psychology consisting | 7273 |
of nine persons who are citizens of the United States and | 7274 |
residents of this state. Three members shall be patient advocates | 7275 |
who are not mental health professionals and who either are parents | 7276 |
or other relatives of a person who has received or is receiving | 7277 |
mental health services or are representatives of organizations | 7278 |
that represent persons who have received or are receiving mental | 7279 |
health services. At least one patient advocate member shall be a | 7280 |
parent or other relative of a mental health service recipient, and | 7281 |
at least one patient advocate member shall be a representative of | 7282 |
an organization representing mental health service recipients. | 7283 |
Each of the remaining members shall be a licensed psychologist or | 7284 |
a licensed school psychologist. The terms of the licensed | 7285 |
psychologist and licensed school psychologist members that are in | 7286 |
effect on
| 7287 |
continue as
under the law in effect prior to
| 7288 |
7289 | |
positions are
created on
| 7290 |
14, 2002, one shall replace the current member who is not a | 7291 |
psychologist or other health professional at the end of that | 7292 |
member's term, one shall be appointed for a term that ends on | 7293 |
October 5, 2003, and one shall be appointed for a term that ends | 7294 |
on October 5, 2006. Thereafter, terms of office for all members | 7295 |
shall be for five years, commencing on the sixth day of October | 7296 |
and ending on the fifth day of October. Each member shall hold | 7297 |
office from the date of appointment until the end of the term for | 7298 |
which the member was appointed. Any member appointed to fill a | 7299 |
vacancy occurring prior to the expiration of the term for which | 7300 |
the member's predecessor was appointed shall hold office for the | 7301 |
remainder of such term. Any member shall continue in office | 7302 |
subsequent to the expiration date of the member's term until the | 7303 |
member's successor takes office, or until a period of sixty days | 7304 |
has elapsed, whichever occurs first. No person shall be appointed | 7305 |
to more than two five-year terms in succession. The licensed | 7306 |
psychologist and licensed school psychologist members of the board | 7307 |
shall be so chosen that they represent the diverse fields of | 7308 |
specialization and practice in the profession of psychology and | 7309 |
the profession of school psychology. The governor may make such | 7310 |
appointments from lists submitted annually by the Ohio | 7311 |
psychological association and by the Ohio school psychologists | 7312 |
association. A vacancy in an unexpired term shall be filled in the | 7313 |
same manner as the original appointment. | 7314 |
The governor may remove any member for malfeasance, | 7315 |
misfeasance, or nonfeasance after a hearing in accordance with | 7316 |
Chapter 119. of the Revised Code. The governor shall remove, after | 7317 |
a hearing in accordance with Chapter 119. of the Revised Code, any | 7318 |
member who has been convicted of or pleaded guilty to the | 7319 |
commission of a | 7320 |
the person's fitness or ability to perform the duties and | 7321 |
responsibilities of a board member under any law of this state, | 7322 |
another state, or the United States. No person may be appointed to | 7323 |
the board
who has been convicted of or pleaded guilty to a
| 7324 |
criminal offense substantially related to the person's fitness or | 7325 |
ability to perform the duties and responsibilities of a board | 7326 |
member under any law of this state, another state, or the United | 7327 |
States. | 7328 |
Sec. 4732.17. (A) The state board of psychology may refuse | 7329 |
to issue a license to any applicant, may issue a reprimand, or | 7330 |
suspend or revoke the license of any licensed psychologist or | 7331 |
licensed school psychologist, on any of the following grounds: | 7332 |
(1) Conviction | 7333 |
7334 | |
court of a criminal offense substantially related to the person's | 7335 |
fitness or ability to perform the duties and responsibilities of a | 7336 |
psychologist or school psychologist; | 7337 |
(2) Using fraud or deceit in the procurement of the license | 7338 |
to practice psychology or school psychology or knowingly assisting | 7339 |
another in the procurement of such a license through fraud or | 7340 |
deceit; | 7341 |
(3) Accepting commissions or rebates or other forms of | 7342 |
remuneration for referring persons to other professionals; | 7343 |
(4) Willful, unauthorized communication of information | 7344 |
received in professional confidence; | 7345 |
(5) Being negligent in the practice of psychology or school | 7346 |
psychology; | 7347 |
(6) Using any controlled substance or alcoholic beverage to | 7348 |
an extent that such use impairs the person's ability to perform | 7349 |
the work of a psychologist or school psychologist with safety to | 7350 |
the public; | 7351 |
(7) Subject to section 4732.28 of the Revised Code, violating | 7352 |
any rule of professional conduct promulgated by the board; | 7353 |
(8) Practicing in an area of psychology for which the person | 7354 |
is clearly untrained or incompetent; | 7355 |
(9) An adjudication by a court, as provided in section | 7356 |
5122.301 of the Revised Code, that the person is incompetent for | 7357 |
the purpose of holding the license. Such person may have the | 7358 |
person's license issued or restored only upon determination by a | 7359 |
court that the person is competent for the purpose of holding the | 7360 |
license and upon the decision by the board that such license be | 7361 |
issued or restored. The board may require an examination prior to | 7362 |
such issuance or restoration. | 7363 |
(10) Waiving the payment of all or any part of a deductible | 7364 |
or copayment that a patient, pursuant to a health insurance or | 7365 |
health care policy, contract, or plan that covers psychological | 7366 |
services, would otherwise be required to pay if the waiver is used | 7367 |
as an enticement to a patient or group of patients to receive | 7368 |
health care services from that provider; | 7369 |
(11) Advertising that the person will waive the payment of | 7370 |
all or any part of a deductible or copayment that a patient, | 7371 |
pursuant to a health insurance or health care policy, contract, or | 7372 |
plan that covers psychological services, would otherwise be | 7373 |
required to pay; | 7374 |
(12) Notwithstanding division (A)(10) and (11) of this | 7375 |
section, sanctions shall not be imposed against any licensee who | 7376 |
waives deductibles and copayments: | 7377 |
(a) In compliance with the health benefit plan that expressly | 7378 |
allows such a practice. Waiver of the deductibles or copays shall | 7379 |
be made only with the full knowledge and consent of the plan | 7380 |
purchaser, payer, and third-party administrator. Such consent | 7381 |
shall be made available to the board upon request. | 7382 |
(b) For professional services rendered to any other person | 7383 |
licensed pursuant to this chapter to the extent allowed by this | 7384 |
chapter and the rules of the board. | 7385 |
(B) Except as provided in section 4732.171 of the Revised | 7386 |
Code, before the board may deny, suspend, or revoke a license | 7387 |
under this section, or otherwise discipline the holder of a | 7388 |
license, written charges shall be filed with the board by the | 7389 |
secretary and a hearing shall be had thereon in accordance with | 7390 |
Chapter 119. of the Revised Code. | 7391 |
Sec. 4733.20. (A) Pursuant to this section, the state board | 7392 |
of registration for professional engineers and surveyors may fine, | 7393 |
revoke, suspend, refuse to renew, or limit the registration, or | 7394 |
reprimand, place on probation, deny an applicant the opportunity | 7395 |
to sit for an examination or to have an examination scored, or | 7396 |
impose any combination of these disciplinary measures on any | 7397 |
applicant or registrant, or revoke the certificate of | 7398 |
authorization of any holder found to be or to have been engaged in | 7399 |
any one or more of the following acts or practices: | 7400 |
(1) Any fraud or deceit in obtaining registration or a | 7401 |
certificate of authorization; | 7402 |
(2) Any gross negligence, incompetency, or misconduct in the | 7403 |
practice of professional engineering or professional surveying as | 7404 |
a registered professional engineer or registered professional | 7405 |
surveyor; | 7406 |
(3) Aiding or abetting any person to practice professional | 7407 |
engineering or professional surveying illegally in the state; | 7408 |
(4)
Conviction of or plea of guilty to any | 7409 |
7410 | |
to the person's fitness or ability to perform the duties and | 7411 |
responsibilities of an engineer or surveyor; | 7412 |
(5) Violation of this chapter or any rule adopted by the | 7413 |
board; | 7414 |
(6) Violation of any condition of limitation placed by the | 7415 |
board upon the registration of any professional engineer or | 7416 |
professional surveyor; | 7417 |
(7) Failure to abide by or comply with examination | 7418 |
instructions. | 7419 |
(B) The board shall cause to have prepared and shall adopt a | 7420 |
code of ethics, which it shall make known to every registrant. The | 7421 |
board may revise and amend this code of ethics from time to time | 7422 |
in accordance with Chapter 119. of the Revised Code. | 7423 |
(C) Any person may file with the board a complaint alleging | 7424 |
fraud, deceit, gross negligence, incompetency, misconduct, or | 7425 |
violation of this chapter or any rule adopted by the board | 7426 |
pursuant to section 4733.07 of the Revised Code. Complaints shall | 7427 |
be in writing. | 7428 |
(D) The board may investigate any registrant or holder of a | 7429 |
certificate of authorization to determine whether the registrant | 7430 |
or certificate holder is or has been engaged in any one or more of | 7431 |
the acts or practices listed in division (A) of this section. The | 7432 |
board, by subpoena, may compel witnesses to appear and testify in | 7433 |
relation to any investigation under this chapter and may require, | 7434 |
by subpoena duces tecum, the production and copying of any book, | 7435 |
paper, or document pertaining to an investigation. If a person | 7436 |
fails to comply with the subpoena or subpoena duces tecum, the | 7437 |
board may apply to the Franklin county court of common pleas for | 7438 |
an order compelling the person to comply or, for the failure to do | 7439 |
so, to be held in contempt of court. | 7440 |
(E) If the board determines there is cause to believe that an | 7441 |
applicant, registrant, or a holder of a certificate of | 7442 |
authorization is or has been engaged in any act or practice listed | 7443 |
in division (A) of this section, the board shall issue a written | 7444 |
charge and notify the applicant, registrant, or certificate holder | 7445 |
of the right to an adjudication hearing, in accordance with | 7446 |
Chapter 119. of the Revised Code. If the accused applicant, | 7447 |
registrant, or holder of a certificate of authorization fails or | 7448 |
refuses to appear, or does not request a hearing within the time | 7449 |
period specified in Chapter 119. of the Revised Code, the board | 7450 |
may determine the validity of the charge and issue an adjudication | 7451 |
order in accordance with Chapter 119. of the Revised Code. | 7452 |
(F) If a majority of the board votes in favor of sustaining | 7453 |
the charge, the board shall impose one or any combination of the | 7454 |
following disciplinary measures: | 7455 |
(1) Reprimanding the individual; | 7456 |
(2) Imposing a fine on the individual of not more than one | 7457 |
thousand dollars for each offense committed by the individual; | 7458 |
(3) Refusing to renew, suspending, or revoking the | 7459 |
individual's registration, or revoking the holder's certificate of | 7460 |
authorization; | 7461 |
(4) Refusing to allow an applicant to take an examination; | 7462 |
(5) Refusing to score an applicant's examination. | 7463 |
The board, for good cause shown, may reregister any person or | 7464 |
reissue a certificate of authorization to any corporation, firm, | 7465 |
partnership, association, or limited liability company whose | 7466 |
registration or certificate has been revoked or suspended. | 7467 |
(G) Any applicant, registrant, or certificate holder | 7468 |
aggrieved by any action of the board in fining the registrant or | 7469 |
denying, suspending, refusing to renew, or revoking the | 7470 |
registrant's registration or a certificate of authorization, or | 7471 |
denying an applicant the opportunity to take an examination or to | 7472 |
have an examination scored may appeal such action to the proper | 7473 |
court under section 119.12 of the Revised Code. | 7474 |
(H) A new certificate of authorization to replace any | 7475 |
certificate revoked, lost, destroyed, or mutilated, may be issued, | 7476 |
subject to the rules of the board, upon payment of a fee | 7477 |
established by the board at an amount adequate to cover the | 7478 |
expense of issuing a duplicate certificate of authorization. | 7479 |
Sec. 4734.31. (A) The state chiropractic board may take any | 7480 |
of the actions specified in division (B) of this section against | 7481 |
an individual who has applied for or holds a license to practice | 7482 |
chiropractic in this state if any of the reasons specified in | 7483 |
division (C) of this section for taking action against an | 7484 |
individual are applicable. Except as provided in division (D) of | 7485 |
this section, actions taken against an individual shall be taken | 7486 |
in accordance with Chapter 119. of the Revised Code. The board may | 7487 |
specify that any action it takes is a permanent action. The | 7488 |
board's authority to take action against an individual is not | 7489 |
removed or limited by the individual's failure to renew a license. | 7490 |
(B) In its imposition of sanctions against an individual, the | 7491 |
board may do any of the following: | 7492 |
(1) Refuse to issue, renew, restore, or reinstate a license | 7493 |
to practice chiropractic; | 7494 |
(2) Reprimand or censure a license holder; | 7495 |
(3) Place limits, restrictions, or probationary conditions on | 7496 |
a license holder's practice; | 7497 |
(4) Impose a civil fine of not more than five thousand | 7498 |
dollars according to a schedule of fines specified in rules that | 7499 |
the board shall adopt
in accordance with
| 7500 |
the Revised Code. | 7501 |
(5) Suspend a license for a limited or indefinite period; | 7502 |
(6) Revoke a license. | 7503 |
(C) The board may take the actions specified in division (B) | 7504 |
of this section for any of the following reasons: | 7505 |
(1) A plea of guilty to, a judicial finding of guilt of, or | 7506 |
a judicial finding of eligibility for intervention in lieu of | 7507 |
conviction for | 7508 |
the person's fitness or ability to perform the duties and | 7509 |
responsibilities of a chiropractor in any jurisdiction, in which | 7510 |
case a certified copy of the court record shall be conclusive | 7511 |
evidence of the conviction; | 7512 |
(2) Commission of an act that constitutes a felony in this | 7513 |
state, regardless of the jurisdiction in which the act was | 7514 |
committed; | 7515 |
(3) | 7516 |
7517 | |
7518 | |
7519 | |
7520 |
| 7521 |
7522 | |
7523 |
| 7524 |
7525 | |
7526 | |
7527 | |
7528 |
| 7529 |
7530 | |
7531 |
| 7532 |
rules adopted under it governing the practice of chiropractic; | 7533 |
| 7534 |
the board, including failure to comply with a subpoena or order | 7535 |
issued by the board or failure to answer truthfully a question | 7536 |
presented by the board at a deposition or in written | 7537 |
interrogatories, except that failure to cooperate with an | 7538 |
investigation shall not constitute grounds for discipline under | 7539 |
this section if the board or a court of competent jurisdiction has | 7540 |
issued an order that either quashes a subpoena or permits the | 7541 |
individual to withhold the testimony or evidence in issue; | 7542 |
| 7543 |
a person or entity that violates any provision of this chapter or | 7544 |
the rules adopted under it, unless the chiropractor makes a good | 7545 |
faith effort to have the person or entity comply with the | 7546 |
provisions; | 7547 |
| 7548 |
chiropractor's reporting to the board or any other agency with | 7549 |
jurisdiction any violation of the law or for cooperating with the | 7550 |
board of another agency in the investigation of any violation of | 7551 |
the law; | 7552 |
| 7553 |
conspiring with any person in that person's violation of any | 7554 |
provision of this chapter or the rules adopted under it, including | 7555 |
the practice of chiropractic without a license, or aiding, | 7556 |
abetting, assisting, counseling, or conspiring with any person in | 7557 |
that person's unlicensed practice of any other health care | 7558 |
profession that has licensing requirements; | 7559 |
| 7560 |
filed, or signed in connection with the practice of chiropractic, | 7561 |
knowingly making or filing a report or record that is false, | 7562 |
intentionally or negligently failing to file a report or record | 7563 |
required by federal, state, or local law or willfully impeding or | 7564 |
obstructing the required filing, or inducing another person to | 7565 |
engage in any such acts; | 7566 |
| 7567 |
the board or any agent of the board during any investigation or | 7568 |
other official proceeding conducted by the board under this | 7569 |
chapter or in any filing that must be submitted to the board; | 7570 |
| 7571 |
outcome of an official board proceeding through bribery or any | 7572 |
other improper means; | 7573 |
| 7574 |
agent of the board in the discharge of the board's duties; | 7575 |
| 7576 |
that the person is rendered unfit for the practice of | 7577 |
chiropractic; | 7578 |
| 7579 |
acceptable and prevailing standards of care by reason of chemical | 7580 |
dependency, mental illness, or physical illness, including | 7581 |
conditions in which physical deterioration has adversely affected | 7582 |
the person's cognitive, motor, or perceptive skills and conditions | 7583 |
in which a chiropractor's continued practice may pose a danger to | 7584 |
the chiropractor or the public; | 7585 |
| 7586 |
the person's practice of chiropractic, including acts involving | 7587 |
sexual abuse, sexual misconduct, or sexual exploitation; | 7588 |
| 7589 |
| 7590 |
records in the English language documenting each patient's care, | 7591 |
including, as appropriate, records of the following: dates of | 7592 |
treatment, services rendered, examinations, tests, x-ray reports, | 7593 |
referrals, and the diagnosis or clinical impression and clinical | 7594 |
treatment plan provided to the patient; | 7595 |
| 7596 |
disclosing patient information gained during the chiropractor's | 7597 |
professional relationship with a patient without obtaining the | 7598 |
patient's authorization for the disclosure; | 7599 |
| 7600 |
willful or gross neglect, in the practice of chiropractic; | 7601 |
| 7602 |
recognized by the board as a general duty or the exercise of due | 7603 |
care in the practice of chiropractic, regardless of whether injury | 7604 |
results to a patient from the failure to perform or negligent | 7605 |
performance of the act; | 7606 |
| 7607 |
may impair the ability to practice chiropractic safely and | 7608 |
skillfully; | 7609 |
| 7610 |
beyond the scope of the practice of chiropractic as established | 7611 |
under this chapter and the rules adopted under this chapter; | 7612 |
| 7613 |
responsibilities as a chiropractor when not qualified to perform | 7614 |
those responsibilities, if the person knew or had reason to know | 7615 |
that the person was not qualified to perform them; | 7616 |
| 7617 |
of a chiropractor to an employee or other individual when the | 7618 |
delegating chiropractor knows or had reason to know that the | 7619 |
employee or other individual is not qualified by training, | 7620 |
experience, or professional licensure to perform the | 7621 |
responsibilities; | 7622 |
| 7623 |
of a chiropractor to an employee or other individual in a | 7624 |
negligent manner or failing to provide proper supervision of the | 7625 |
employee or other individual to whom the responsibilities are | 7626 |
delegated; | 7627 |
| 7628 |
practitioner for consultation or treatment when the chiropractor | 7629 |
knows or has reason to know that the referral is in the best | 7630 |
interest of the patient; | 7631 |
| 7632 |
advantage by fraud or misrepresentation; | 7633 |
| 7634 |
representations in the practice of chiropractic; | 7635 |
| 7636 |
misleading advertising or other solicitations for patients or | 7637 |
knowingly having professional connection with any person that | 7638 |
advertises or solicits for patients in such a manner; | 7639 |
| 7640 |
established or adopted by the board under section 4734.16 of the | 7641 |
Revised Code; | 7642 |
| 7643 |
receipt of a license specified under section 4734.20 of the | 7644 |
Revised Code; | 7645 |
| 7646 |
of fees, by the chiropractic licensing authority of another state | 7647 |
or country; | 7648 |
| 7649 |
the clinic, office, or other place in which chiropractic services | 7650 |
are provided; | 7651 |
| 7652 |
(a) Waiving the payment of all or any part of a deductible or | 7653 |
copayment that a patient, pursuant to a health insurance or health | 7654 |
care policy, contract, or plan that covers the chiropractor's | 7655 |
services, otherwise would be required to pay if the waiver is used | 7656 |
as an enticement to a patient or group of patients to receive | 7657 |
health care services from that chiropractor; | 7658 |
(b) Advertising that the chiropractor will waive the payment | 7659 |
of all or any part of a deductible or copayment that a patient, | 7660 |
pursuant to a health insurance or health care policy, contract, or | 7661 |
plan that covers the chiropractor's services, otherwise would be | 7662 |
required to pay. | 7663 |
(D) The adjudication requirements of Chapter 119. of the | 7664 |
Revised Code apply to the board when taking actions against an | 7665 |
individual under this section, except as follows: | 7666 |
(1) An applicant is not entitled to an adjudication for | 7667 |
failing to meet the conditions specified under section 4734.20 of | 7668 |
the Revised Code for receipt of a license that involve the board's | 7669 |
examination on jurisprudence or the examinations of the national | 7670 |
board of chiropractic examiners. | 7671 |
(2) A person is not entitled to an adjudication if the person | 7672 |
fails to make a timely request for a hearing, in accordance with | 7673 |
Chapter 119. of the Revised Code. | 7674 |
(3) In lieu of an adjudication, the board may accept the | 7675 |
surrender of a license from a chiropractor. | 7676 |
(4) In lieu of an adjudication, the board may enter into a | 7677 |
consent agreement with an individual to resolve an allegation of a | 7678 |
violation of this chapter or any rule adopted under it. A consent | 7679 |
agreement, when ratified by the board, shall constitute the | 7680 |
findings and order of the board with respect to the matter | 7681 |
addressed in the agreement. If the board refuses to ratify a | 7682 |
consent agreement, the admissions and findings contained in the | 7683 |
consent agreement shall be of no force or effect. | 7684 |
(E) This section does not require the board to hire, | 7685 |
contract with, or retain the services of an expert witness when | 7686 |
the board takes action against a chiropractor concerning | 7687 |
compliance with acceptable and prevailing standards of care. As | 7688 |
part of an action taken concerning compliance with acceptable and | 7689 |
prevailing standards of care, the board may rely on the knowledge | 7690 |
of its members for purposes of making a determination of | 7691 |
compliance, notwithstanding any expert testimony presented by the | 7692 |
chiropractor that contradicts the knowledge and opinions of the | 7693 |
members of the board. | 7694 |
(F) The sealing of conviction records by a court shall have | 7695 |
no effect on a prior board order entered under this section or on | 7696 |
the board's jurisdiction to take action under this section if, | 7697 |
based on a plea of guilty, a judicial finding of guilt, or a | 7698 |
judicial finding of eligibility for intervention in lieu of | 7699 |
conviction, the board issued a notice of opportunity for a hearing | 7700 |
prior to the court's order to seal the records. The board shall | 7701 |
not be required to seal, destroy, redact, or otherwise modify its | 7702 |
records to reflect the court's sealing of conviction records. | 7703 |
(G) Actions shall not be taken pursuant to division | 7704 |
(C) | 7705 |
deductibles and copayments as follows: | 7706 |
(1) In compliance with the health benefit plan that expressly | 7707 |
allows a practice of that nature. Waiver of the deductibles or | 7708 |
copayments shall be made only with the full knowledge and consent | 7709 |
of the plan purchaser, payer, and third-party administrator. | 7710 |
Documentation of the consent shall be made available to the board | 7711 |
upon request. | 7712 |
(2) For professional services rendered to any other person | 7713 |
licensed pursuant to this chapter, to the extent allowed by this | 7714 |
chapter and the rules of the board. | 7715 |
Sec. 4734.39. (A) For purposes of the state chiropractic | 7716 |
board's
enforcement of division (C) | 7717 |
4734.31 of the Revised Code, an individual who applies for or | 7718 |
receives a license under this chapter accepts the privilege of | 7719 |
practicing chiropractic in this state and, by so doing, shall be | 7720 |
deemed to have given consent to submit to a mental or physical | 7721 |
examination when directed to do so in writing by the board in its | 7722 |
enforcement of those divisions, and to have waived all objections | 7723 |
to the admissibility of testimony or examination reports that | 7724 |
constitute a privileged communication. | 7725 |
(B) If the board has reason to believe that a chiropractor or | 7726 |
applicant suffers an impairment described in division (C) | 7727 |
or | 7728 |
compel the individual to submit to a mental or physical | 7729 |
examination, or both. The expense of the examination is the | 7730 |
responsibility of the individual compelled to be examined. Any | 7731 |
mental or physical examination required under this section shall | 7732 |
be undertaken by a provider who is qualified to conduct the | 7733 |
examination and who is chosen by the board. | 7734 |
Failure to submit to a mental or physical examination ordered | 7735 |
by the board constitutes an admission of the allegations against | 7736 |
the individual unless the failure is due to circumstances beyond | 7737 |
the individual's control. A default and final order may be entered | 7738 |
without the taking of testimony or presentation of evidence. | 7739 |
If the board determines that an individual's ability to | 7740 |
practice is impaired, the board shall suspend the individual's | 7741 |
license or deny the individual's application and shall require the | 7742 |
individual, as a condition for initial, continued, reinstated, | 7743 |
restored, or renewed certification to practice, to submit to care, | 7744 |
counseling, or treatment. | 7745 |
(C) Before being eligible to apply for reinstatement of a | 7746 |
license suspended under division (C) | 7747 |
the Revised Code or the chemical dependency provisions of division | 7748 |
(C) | 7749 |
individual shall demonstrate to the board the ability to resume | 7750 |
practice in compliance with acceptable and prevailing standards of | 7751 |
care in the practice of chiropractic. If rules have been adopted | 7752 |
under section 4734.40 of the Revised Code, the demonstration shall | 7753 |
include, but shall not be limited to, the following: | 7754 |
(1) Certification from a treatment provider approved under | 7755 |
section 4734.40 of the Revised Code that the individual has | 7756 |
successfully completed any required inpatient treatment; | 7757 |
(2) Evidence of continuing full compliance with an aftercare | 7758 |
contract or consent agreement; | 7759 |
(3) Two written reports indicating that the individual's | 7760 |
ability to practice has been assessed and that the individual has | 7761 |
been found capable of practicing according to acceptable and | 7762 |
prevailing standards of care. The reports shall be made by | 7763 |
individuals or providers approved by the board for making the | 7764 |
assessments and shall describe the basis for their determination. | 7765 |
The board may reinstate a license suspended under this | 7766 |
division after that demonstration and after the individual has | 7767 |
entered into a written consent agreement. | 7768 |
When the impaired individual resumes practice, the board | 7769 |
shall require continued monitoring of the individual. The | 7770 |
monitoring shall include, but not be limited to, compliance with | 7771 |
the written consent agreement entered into before reinstatement or | 7772 |
with conditions imposed by board order after a hearing, and, upon | 7773 |
termination of the consent agreement, submission to the board for | 7774 |
at least two years of annual written progress reports made under | 7775 |
penalty of perjury stating whether the individual has maintained | 7776 |
sobriety. | 7777 |
Sec. 4735.07. (A) The superintendent of real estate, with | 7778 |
the consent of the Ohio real estate commission, may enter into | 7779 |
agreements with recognized national testing services to administer | 7780 |
the real estate broker's examination under the superintendent's | 7781 |
supervision and control, consistent with the requirements of this | 7782 |
chapter as to the contents of such examination. | 7783 |
(B) No applicant for a real estate broker's license shall | 7784 |
take the broker's examination who has not established to the | 7785 |
satisfaction of the superintendent that the applicant: | 7786 |
(1) Is honest, truthful, and of good reputation; | 7787 |
(2)(a) Has not been convicted of a | 7788 |
7789 | |
fitness or ability to perform the duties and responsibilities of a | 7790 |
real estate broker, or if the applicant has been so convicted, the | 7791 |
superintendent has disregarded the conviction because the | 7792 |
applicant has proven to the superintendent, by a preponderance of | 7793 |
the evidence, that the applicant's activities and employment | 7794 |
record since the conviction show that the applicant is honest, | 7795 |
truthful, and of good reputation, and there is no basis in fact | 7796 |
for believing that the applicant again will violate the laws | 7797 |
involved; | 7798 |
(b) Has not been finally adjudged by a court to have violated | 7799 |
any municipal, state, or federal civil rights laws relevant to the | 7800 |
protection of purchasers or sellers of real estate or, if the | 7801 |
applicant has been so adjudged, at least two years have passed | 7802 |
since the court decision and the superintendent has disregarded | 7803 |
the adjudication because the applicant has proven, by a | 7804 |
preponderance of the evidence, that the applicant's activities and | 7805 |
employment record since the adjudication show that the applicant | 7806 |
is honest, truthful, and of good reputation, and there is no basis | 7807 |
in fact for believing that the applicant will again violate the | 7808 |
laws involved. | 7809 |
(3) Has not, during any period in which the applicant was | 7810 |
licensed under this chapter, violated any provision of, or any | 7811 |
rule adopted pursuant to, this chapter, or, if the applicant has | 7812 |
violated any such provision or rule, has established to the | 7813 |
satisfaction of the superintendent that the applicant will not | 7814 |
again violate such provision or rule; | 7815 |
(4) Is at least eighteen years of age; | 7816 |
(5) Has been a licensed real estate broker or salesperson for | 7817 |
at least two years; during at least two of the five years | 7818 |
preceding the person's application, has worked as a licensed real | 7819 |
estate broker or salesperson for an average of at least thirty | 7820 |
hours per week; and has completed one of the following: | 7821 |
(a) At least twenty real estate transactions, in which | 7822 |
property was sold for another by the applicant while acting in the | 7823 |
capacity of a real estate broker or salesperson; | 7824 |
(b) Such equivalent experience as is defined by rules adopted | 7825 |
by the commission. | 7826 |
(6)(a) If licensed as a real estate salesperson prior to | 7827 |
August 1, 2001, successfully has completed at an institution of | 7828 |
higher education all of the following: | 7829 |
(i) Thirty hours of classroom instruction in real estate | 7830 |
practice; | 7831 |
(ii) Thirty hours of classroom instruction that includes the | 7832 |
subjects of Ohio real estate law, municipal, state, and federal | 7833 |
civil rights law, new case law on housing discrimination, | 7834 |
desegregation issues, and methods of eliminating the effects of | 7835 |
prior discrimination. If feasible, the classroom instruction in | 7836 |
Ohio real estate law shall be taught by a member of the faculty of | 7837 |
an accredited law school. If feasible, the classroom instruction | 7838 |
in municipal, state, and federal civil rights law, new case law on | 7839 |
housing discrimination, desegregation issues, and methods of | 7840 |
eliminating the effects of prior discrimination shall be taught by | 7841 |
a staff member of the Ohio civil rights commission who is | 7842 |
knowledgeable with respect to those subjects. The requirements of | 7843 |
this division do not apply to an applicant who is admitted to | 7844 |
practice before the supreme court. | 7845 |
(iii) Thirty hours of classroom instruction in real estate | 7846 |
appraisal; | 7847 |
(iv) Thirty hours of classroom instruction in real estate | 7848 |
finance; | 7849 |
(v) Three quarter hours, or its equivalent in semester hours, | 7850 |
in financial management; | 7851 |
(vi) Three quarter hours, or its equivalent in semester | 7852 |
hours, in human resource or personnel management; | 7853 |
(vii) Three quarter hours, or its equivalent in semester | 7854 |
hours, in applied business economics; | 7855 |
(viii) Three quarter hours, or its equivalent in semester | 7856 |
hours, in business law. | 7857 |
(b) If licensed as a real estate salesperson on or after | 7858 |
August 1, 2001, successfully has completed at an institution of | 7859 |
higher education all of the following: | 7860 |
(i) Forty hours of classroom instruction in real estate | 7861 |
practice; | 7862 |
(ii) Forty hours of classroom instruction that includes the | 7863 |
subjects of Ohio real estate law, municipal, state, and federal | 7864 |
civil rights law, new case law on housing discrimination, | 7865 |
desegregation issues, and methods of eliminating the effects of | 7866 |
prior discrimination. If feasible, the classroom instruction in | 7867 |
Ohio real estate law shall be taught by a member of the faculty of | 7868 |
an accredited law school. If feasible, the classroom instruction | 7869 |
in municipal, state, and federal civil rights law, new case law on | 7870 |
housing discrimination, desegregation issues, and methods of | 7871 |
eliminating the effects of prior discrimination shall be taught by | 7872 |
a staff member of the Ohio civil rights commission who is | 7873 |
knowledgeable with respect to those subjects. The requirements of | 7874 |
this division do not apply to an applicant who is admitted to | 7875 |
practice before the supreme court. | 7876 |
(iii) Twenty hours of classroom instruction in real estate | 7877 |
appraisal; | 7878 |
(iv) Twenty hours of classroom instruction in real estate | 7879 |
finance; | 7880 |
(v) The training in the amount of hours specified under | 7881 |
divisions (B)(6)(a)(v), (vi), (vii), and (viii) of this section. | 7882 |
(c) Division (B)(6)(a) or (b) of this section does not apply | 7883 |
to any applicant who holds a valid real estate salesperson's | 7884 |
license issued prior to January 2, 1972. Divisions (B)(6)(a)(v), | 7885 |
(vi), (vii), and (viii) or division (B)(6)(b)(v) of this section | 7886 |
do not apply to any applicant who holds a valid real estate | 7887 |
salesperson's license issued prior to January 3, 1984. | 7888 |
(7) If licensed as a real estate salesperson on or after | 7889 |
January 3, 1984, satisfactorily has completed a minimum of two | 7890 |
years of post-secondary education, or its equivalent in semester | 7891 |
or quarter hours, at an institution of higher education, and has | 7892 |
fulfilled the requirements of division (B)(6)(a) or (b) of this | 7893 |
section. The requirements of division (B)(6)(a) or (b) of this | 7894 |
section may be included in the two years of post-secondary | 7895 |
education, or its equivalent in semester or quarter hours, that is | 7896 |
required by this division. | 7897 |
(C) Each applicant for a broker's license shall be examined | 7898 |
in the principles of real estate practice, Ohio real estate law, | 7899 |
and financing and appraisal, and as to the duties of real estate | 7900 |
brokers and real estate salespersons, the applicant's knowledge of | 7901 |
real estate transactions and instruments relating to them, and the | 7902 |
canons of business ethics pertaining to them. The commission from | 7903 |
time to time shall promulgate such canons and cause them to be | 7904 |
published in printed form. | 7905 |
(D) Examinations shall be administered with reasonable | 7906 |
accommodations in accordance with the requirements of the | 7907 |
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42 | 7908 |
U.S.C. 12101. The contents of an examination shall be consistent | 7909 |
with the requirements of division (B)(6) of this section and with | 7910 |
the other specific requirements of this section. An applicant who | 7911 |
has completed the requirements of division (B)(6) of this section | 7912 |
at the time of application shall be examined no later than twelve | 7913 |
months after the applicant is notified of admission to the | 7914 |
examination. | 7915 |
(E) The superintendent may waive one or more of the | 7916 |
requirements of this section in the case of an application from a | 7917 |
nonresident real estate broker pursuant to a reciprocity agreement | 7918 |
with the licensing authority of the state from which the | 7919 |
nonresident applicant holds a valid real estate broker license. | 7920 |
(F) There shall be no limit placed on the number of times an | 7921 |
applicant may retake the examination. | 7922 |
(G)(1) No later than twelve months after the date of issue of | 7923 |
a real estate broker's license to a licensee, the licensee shall | 7924 |
submit proof satisfactory to the superintendent, on forms made | 7925 |
available by the superintendent, of the completion of ten hours of | 7926 |
classroom instruction in real estate brokerage at an institution | 7927 |
of higher education or any other institution that is approved by | 7928 |
the commission. That instruction shall include, but not be limited | 7929 |
to, current issues in managing a real estate company or office. | 7930 |
If the required proof of completion is not submitted to the | 7931 |
superintendent within twelve months of the date a license is | 7932 |
issued under this section, the license of the real estate broker | 7933 |
is suspended automatically without the taking of any action by the | 7934 |
superintendent. The broker's license shall not be reactivated by | 7935 |
the superintendent until it is established, to the satisfaction of | 7936 |
the superintendent, that the requirements of this division have | 7937 |
been met and that the licensee is in compliance with this chapter. | 7938 |
A licensee's license is revoked automatically without the taking | 7939 |
of any action by the superintendent if the licensee fails to | 7940 |
submit proof of completion of the education requirements specified | 7941 |
under division (G)(1) of this section within twelve months of the | 7942 |
date the license is suspended. | 7943 |
(2) If the license of a real estate broker is suspended | 7944 |
pursuant to division (G)(1) of this section, the license of a real | 7945 |
estate salesperson associated with that broker correspondingly is | 7946 |
suspended pursuant to division (H) of section 4735.20 of the | 7947 |
Revised Code. However, the suspended license of the associated | 7948 |
real estate salesperson shall be reactivated and no fee shall be | 7949 |
charged or collected for that reactivation if all of the following | 7950 |
occur: | 7951 |
(a) That broker subsequently submits satisfactory proof to | 7952 |
the superintendent that the broker has complied with the | 7953 |
requirements of division (G)(1) of this section and requests that | 7954 |
the broker's license as a real estate broker be reactivated; | 7955 |
(b) The superintendent then reactivates the broker's license | 7956 |
as a real estate broker; | 7957 |
(c) The associated real estate salesperson intends to | 7958 |
continue to be associated with that broker and otherwise is in | 7959 |
compliance with this chapter. | 7960 |
Sec. 4735.09. (A) Application for a license as a real estate | 7961 |
salesperson shall be made to the superintendent of real estate on | 7962 |
forms furnished by the superintendent and signed by the applicant. | 7963 |
The application shall be in the form prescribed by the | 7964 |
superintendent and shall contain such information as is required | 7965 |
by this chapter and the rules of the Ohio real estate commission. | 7966 |
The application shall be accompanied by the recommendation of the | 7967 |
real estate broker with whom the applicant is associated or with | 7968 |
whom the applicant intends to be associated, certifying that the | 7969 |
applicant is honest, truthful, and of good reputation, has not | 7970 |
been convicted of a | 7971 |
criminal offense substantially related to the applicant's fitness | 7972 |
or ability to perform the duties and responsibilities of a real | 7973 |
estate salesperson, and has not been finally adjudged by a court | 7974 |
to have violated any municipal, state, or federal civil rights | 7975 |
laws relevant to the protection of purchasers or sellers of real | 7976 |
estate, which conviction or adjudication the applicant has not | 7977 |
disclosed to the superintendent, and recommending that the | 7978 |
applicant be admitted to the real estate salesperson examination. | 7979 |
(B) A fee of forty-nine dollars shall accompany the | 7980 |
application, which fee includes the fee for the initial year of | 7981 |
the licensing period, if a license is issued. The application fee | 7982 |
shall be retained by the superintendent if the applicant is | 7983 |
admitted to the examination for the license or the examination | 7984 |
requirement is waived, but, if an applicant is not so admitted and | 7985 |
a waiver is not involved, one-half of the fee shall be retained by | 7986 |
the superintendent to cover the expenses of processing the | 7987 |
application and the other one-half shall be returned to the | 7988 |
applicant. A fee of forty-nine dollars shall be charged by the | 7989 |
superintendent for each successive application made by the | 7990 |
applicant. Four dollars of each application fee shall be credited | 7991 |
to the real estate education and research fund. | 7992 |
(C) There shall be no limit placed on the number of times an | 7993 |
applicant may retake the examination. | 7994 |
(D) The superintendent, with the consent of the commission, | 7995 |
may enter into an agreement with a recognized national testing | 7996 |
service to administer the real estate salesperson's examination | 7997 |
under the superintendent's supervision and control, consistent | 7998 |
with the requirements of this chapter as to the contents of the | 7999 |
examination. | 8000 |
If the superintendent, with the consent of the commission, | 8001 |
enters into an agreement with a national testing service to | 8002 |
administer the real estate salesperson's examination, the | 8003 |
superintendent may require an applicant to pay the testing | 8004 |
service's examination fee directly to the testing service. If the | 8005 |
superintendent requires the payment of the examination fee | 8006 |
directly to the testing service, each applicant shall submit to | 8007 |
the superintendent a processing fee in an amount determined by the | 8008 |
Ohio real estate commission pursuant to division (A)(1) of section | 8009 |
4735.10 of the Revised Code. | 8010 |
(E) The superintendent shall issue a real estate | 8011 |
salesperson's license when satisfied that the applicant has | 8012 |
received a passing score on each portion of the salesperson's | 8013 |
examination as determined by rule by the real estate commission, | 8014 |
except that the superintendent may waive one or more of the | 8015 |
requirements of this section in the case of an applicant who is a | 8016 |
licensed real estate salesperson in another state pursuant to a | 8017 |
reciprocity agreement with the licensing authority of the state | 8018 |
from which the applicant holds a valid real estate salesperson's | 8019 |
license. | 8020 |
(F) No applicant for a salesperson's license shall take the | 8021 |
salesperson's examination who has not established to the | 8022 |
satisfaction of the superintendent that the applicant: | 8023 |
(1) Is honest, truthful, and of good reputation; | 8024 |
(2)(a) Has not been convicted of a | 8025 |
8026 | |
applicant's fitness or ability to perform the duties and | 8027 |
responsibilities of a real estate salesperson or, if the applicant | 8028 |
has been so convicted, the superintendent has disregarded the | 8029 |
conviction because the applicant has proven to the superintendent, | 8030 |
by a preponderance of the evidence, that the applicant's | 8031 |
activities and employment record since the conviction show that | 8032 |
the applicant is honest, truthful, and of good reputation, and | 8033 |
there is no basis in fact for believing that the applicant again | 8034 |
will violate the laws involved; | 8035 |
(b) Has not been finally adjudged by a court to have violated | 8036 |
any municipal, state, or federal civil rights laws relevant to the | 8037 |
protection of purchasers or sellers of real estate or, if the | 8038 |
applicant has been so adjudged, at least two years have passed | 8039 |
since the court decision and the superintendent has disregarded | 8040 |
the adjudication because the applicant has proven, by a | 8041 |
preponderance of the evidence, that the applicant is honest, | 8042 |
truthful, and of good reputation, and there is no basis in fact | 8043 |
for believing that the applicant again will violate the laws | 8044 |
involved. | 8045 |
(3) Has not, during any period in which the applicant was | 8046 |
licensed under this chapter, violated any provision of, or any | 8047 |
rule adopted pursuant to this chapter, or, if the applicant has | 8048 |
violated such provision or rule, has established to the | 8049 |
satisfaction of the superintendent that the applicant will not | 8050 |
again violate such provision or rule; | 8051 |
(4) Is at least eighteen years of age; | 8052 |
(5) If born after the year 1950, has a high school diploma or | 8053 |
its equivalent as recognized by the state department of education; | 8054 |
(6)(a) If beginning instruction prior to August 1, 2001, has | 8055 |
successfully completed at an institution of higher education all | 8056 |
of the following: | 8057 |
(i) Thirty hours of classroom instruction in real estate | 8058 |
practice; | 8059 |
(ii) Thirty hours of classroom instruction that includes the | 8060 |
subjects of Ohio real estate law, municipal, state, and federal | 8061 |
civil rights law, new case law on housing discrimination, | 8062 |
desegregation issues, and methods of eliminating the effects of | 8063 |
prior discrimination. If feasible, the classroom instruction in | 8064 |
Ohio real estate law shall be taught by a member of the faculty of | 8065 |
an accredited law school. If feasible, the classroom instruction | 8066 |
in municipal, state, and federal civil rights law, new case law on | 8067 |
housing discrimination, desegregation issues, and methods of | 8068 |
eliminating the effects of prior discrimination shall be taught by | 8069 |
a staff member of the Ohio civil rights commission who is | 8070 |
knowledgeable with respect to those subjects. The requirements of | 8071 |
this division do not apply to an applicant who is admitted to | 8072 |
practice before the supreme court. | 8073 |
(iii) Thirty hours of classroom instruction in real estate | 8074 |
appraisal; | 8075 |
(iv) Thirty hours of classroom instruction in real estate | 8076 |
finance. | 8077 |
(b) Any person who has not been licensed as a real estate | 8078 |
salesperson or broker within a four-year period immediately | 8079 |
preceding the person's current application for the salesperson's | 8080 |
examination shall have successfully completed the classroom | 8081 |
instruction required by division (F)(6)(a) of this section within | 8082 |
a ten-year period immediately preceding the person's current | 8083 |
application for the salesperson's examination. | 8084 |
(7) If beginning instruction, as determined by the | 8085 |
superintendent, on or after August 1, 2001, has successfully | 8086 |
completed at an institution of higher education all of the | 8087 |
following: | 8088 |
(a) Forty hours of classroom instruction in real estate | 8089 |
practice; | 8090 |
(b) Forty hours of classroom instruction that includes the | 8091 |
subjects of Ohio real estate law, municipal, state, and federal | 8092 |
civil rights law, new case law on housing discrimination, | 8093 |
desegregation issues, and methods of eliminating the effects of | 8094 |
prior discrimination. If feasible, the classroom instruction in | 8095 |
Ohio real estate law shall be taught by a member of the faculty of | 8096 |
an accredited law school. If feasible, the classroom instruction | 8097 |
in municipal, state, and federal civil rights law, new case law on | 8098 |
housing discrimination, desegregation issues, and methods of | 8099 |
eliminating the effects of prior discrimination shall be taught by | 8100 |
a staff member of the Ohio civil rights commission who is | 8101 |
knowledgeable with respect to those subjects. The requirements of | 8102 |
this division do not apply to an applicant who is admitted to | 8103 |
practice before the supreme court. | 8104 |
(c) Twenty hours of classroom instruction in real estate | 8105 |
appraisal; | 8106 |
(d) Twenty hours of classroom instruction in real estate | 8107 |
finance. | 8108 |
(G) No later than twelve months after the date of issue of a | 8109 |
real estate salesperson license to a licensee, the licensee shall | 8110 |
submit proof satisfactory to the superintendent, on forms made | 8111 |
available by the superintendent, of completion, at an institution | 8112 |
of higher education or any other institution approved by the | 8113 |
commission, of ten hours of classroom instruction in real estate | 8114 |
courses that cover current issues regarding consumers, real estate | 8115 |
practice, ethics, and real estate law. | 8116 |
If proof of completion of the required instruction is not | 8117 |
submitted within twelve months of the date a license is issued | 8118 |
under this section, the licensee's license is suspended | 8119 |
automatically without the taking of any action by the | 8120 |
superintendent. The superintendent immediately shall notify the | 8121 |
broker with whom such salesperson is associated of the suspension | 8122 |
of the salesperson's license. A salesperson whose license has been | 8123 |
suspended under this division shall have twelve months after the | 8124 |
date of the suspension of the salesperson's license to submit | 8125 |
proof of successful completion of the instruction required under | 8126 |
this division. No such license shall be reactivated by the | 8127 |
superintendent until it is established, to the satisfaction of the | 8128 |
superintendent, that the requirements of this division have been | 8129 |
met and that the licensee is in compliance with this chapter. A | 8130 |
licensee's license is revoked automatically without the taking of | 8131 |
any action by the superintendent when the licensee fails to submit | 8132 |
the required proof of completion of the education requirements | 8133 |
under division (G) of this section within twelve months of the | 8134 |
date the license is suspended. | 8135 |
(H) Examinations shall be administered with reasonable | 8136 |
accommodations in accordance with the requirements of the | 8137 |
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42 | 8138 |
U.S.C. 12101. The contents of an examination shall be consistent | 8139 |
with the classroom instructional requirements of division (F)(6) | 8140 |
or (7) of this section. An applicant who has completed the | 8141 |
classroom instructional requirements of division (F)(6) or (7) of | 8142 |
this section at the time of application shall be examined no later | 8143 |
than twelve months after the applicant is notified of the | 8144 |
applicant's admission to the examination. | 8145 |
Sec. 4735.13. (A) The license of a real estate broker shall | 8146 |
be prominently displayed in the office or place of business of the | 8147 |
broker, and no license shall authorize the licensee to do business | 8148 |
except from the location specified in it. If the broker maintains | 8149 |
more than one place of business within the state, the broker shall | 8150 |
apply for and procure a duplicate license for each branch office | 8151 |
maintained by the broker. Each branch office shall be in the | 8152 |
charge of a licensed broker or salesperson. The branch office | 8153 |
license shall be prominently displayed at the branch office | 8154 |
location. | 8155 |
(B) The license of each real estate salesperson shall be | 8156 |
mailed to and remain in the possession of the licensed broker with | 8157 |
whom the salesperson is or is to be associated until the licensee | 8158 |
places the license on inactive status or until the salesperson | 8159 |
leaves the brokerage or is terminated. The broker shall keep each | 8160 |
salesperson's license in a way that it can, and shall on request, | 8161 |
be made immediately available for public inspection at the office | 8162 |
or place of business of the broker. Except as provided in | 8163 |
divisions (G) and (H) of this section, immediately upon the | 8164 |
salesperson's leaving the association or termination of the | 8165 |
association of a real estate salesperson with the broker, the | 8166 |
broker shall return the salesperson's license to the | 8167 |
superintendent of real estate. | 8168 |
The failure of a broker to return the license of a real | 8169 |
estate salesperson or broker who leaves or who is terminated, via | 8170 |
certified mail return receipt requested, within three business | 8171 |
days of the receipt of a written request from the superintendent | 8172 |
for the return of the license, is prima-facie evidence of | 8173 |
misconduct under division (A)(6) of section 4735.18 of the Revised | 8174 |
Code. | 8175 |
(C) Any licensee who is convicted of a | 8176 |
8177 | |
to the person's fitness or ability to perform the duties and | 8178 |
responsibilities of a real estate broker or salesperson or of | 8179 |
violating any federal, state, or municipal civil rights law | 8180 |
pertaining to discrimination in housing, or any court that issues | 8181 |
a finding of an unlawful discriminatory practice pertaining to | 8182 |
housing accommodations described in division (H) of section | 8183 |
4112.02 of the Revised Code or that convicts a licensee of a | 8184 |
violation of any municipal civil rights law pertaining to housing | 8185 |
discrimination, shall notify the superintendent of the conviction | 8186 |
or finding within fifteen days. If a licensee fails to notify the | 8187 |
superintendent within the required time, the superintendent | 8188 |
immediately may revoke the license of the licensee. | 8189 |
Any court that convicts a licensee of a violation of any | 8190 |
municipal civil rights law pertaining to housing discrimination | 8191 |
also shall notify the Ohio civil rights commission within fifteen | 8192 |
days of the conviction. | 8193 |
(D) In case of any change of business location, a broker | 8194 |
shall give notice in writing to the superintendent, whereupon the | 8195 |
superintendent shall issue new licenses for the unexpired period | 8196 |
without charge. If a broker changes a business location without | 8197 |
giving the required notice and without receiving new licenses that | 8198 |
action is prima-facie evidence of misconduct under division (A)(6) | 8199 |
of section 4735.18 of the Revised Code. | 8200 |
(E) If a real estate broker desires to associate with another | 8201 |
real estate broker in the capacity of a real estate salesperson, | 8202 |
the broker shall apply to the superintendent to deposit the | 8203 |
broker's real estate broker's license with the superintendent and | 8204 |
for the issuance of a real estate salesperson's license. The | 8205 |
application shall be made on a form prescribed by the | 8206 |
superintendent and shall be accompanied by the recommendation of | 8207 |
the real estate broker with whom the applicant intends to become | 8208 |
associated and a fee of twenty-five dollars for the real estate | 8209 |
salesperson's license. Four dollars of the fee shall be credited | 8210 |
to the real estate education and research fund. If the | 8211 |
superintendent is satisfied that the applicant is honest, | 8212 |
truthful, and of good reputation, has not been convicted of a | 8213 |
felony or a crime involving moral turpitude, and has not been | 8214 |
finally adjudged by a court to have violated any municipal, state, | 8215 |
or federal civil rights laws relevant to the protection of | 8216 |
purchasers or sellers of real estate, and that the association of | 8217 |
the real estate broker and the applicant will be in the public | 8218 |
interest, the superintendent shall grant the application and issue | 8219 |
a real estate salesperson's license to the applicant. Any license | 8220 |
so deposited with the superintendent shall be subject to this | 8221 |
chapter. A broker who intends to deposit the broker's license with | 8222 |
the superintendent, as provided in this section, shall give | 8223 |
written notice of this fact in a format prescribed by the | 8224 |
superintendent to all salespersons associated with the broker when | 8225 |
applying to place the broker's license on deposit. | 8226 |
(F) If a real estate broker desires to become a member or | 8227 |
officer of a partnership, association, limited liability company, | 8228 |
limited liability partnership, or corporation that is or intends | 8229 |
to become a licensed real estate broker, the broker shall notify | 8230 |
the superintendent of the broker's intentions. The notice of | 8231 |
intention shall be on a form prescribed by the superintendent and | 8232 |
shall be accompanied by a fee of twenty-five dollars. Four dollars | 8233 |
of the fee shall be credited to the real estate education and | 8234 |
research fund. | 8235 |
No real estate broker who is a member or officer of a | 8236 |
partnership, association, limited liability company, limited | 8237 |
liability partnership, or corporation that is a licensed real | 8238 |
estate broker shall perform any acts as a real estate broker other | 8239 |
than as the agent of the partnership, association, limited | 8240 |
liability company, limited liability partnership, or corporation, | 8241 |
and such broker shall not have any real estate salespersons | 8242 |
associated with the broker. | 8243 |
(G) If a real estate broker or salesperson enters the armed | 8244 |
forces, the broker or salesperson may place the broker's or | 8245 |
salesperson's license on deposit with the Ohio real estate | 8246 |
commission. The licensee shall not be required to renew the | 8247 |
license until the renewal date that follows the date of discharge | 8248 |
from the armed forces. Any license deposited with the commission | 8249 |
shall be subject to this chapter. Any licensee whose license is on | 8250 |
deposit under this division and who fails to meet the continuing | 8251 |
education requirements of section 4735.141 of the Revised Code | 8252 |
because the licensee is in the armed forces shall satisfy the | 8253 |
commission that the licensee has complied with the continuing | 8254 |
education requirements within twelve months of the licensee's | 8255 |
discharge. The commission shall notify the licensee of the | 8256 |
licensee's obligations under section 4735.141 of the Revised Code | 8257 |
at the time the licensee applies for reactivation of the | 8258 |
licensee's license. | 8259 |
(H) If a licensed real estate salesperson submits an | 8260 |
application to the superintendent to leave the association of one | 8261 |
broker to associate with a different broker, the broker possessing | 8262 |
the licensee's license need not return the salesperson's license | 8263 |
to the superintendent. The superintendent may process the | 8264 |
application regardless of whether the licensee's license is | 8265 |
returned to the superintendent. | 8266 |
Sec. 4735.27. (A) An application to act as a foreign real | 8267 |
estate dealer shall be in writing and filed with the | 8268 |
superintendent of real estate. It shall be in the form the | 8269 |
superintendent prescribes and shall contain the following | 8270 |
information: | 8271 |
(1) The name and address of the applicant; | 8272 |
(2) A description of the applicant, including, if the | 8273 |
applicant is a partnership, unincorporated association, or any | 8274 |
similar form of business organization, the names and the residence | 8275 |
and business addresses of all partners, officers, directors, | 8276 |
trustees, or managers of the organization, and the limitation of | 8277 |
the liability of any partner or member; and if the applicant is a | 8278 |
corporation, a list of its officers and directors, and the | 8279 |
residence and business addresses of each, and, if it is a foreign | 8280 |
corporation, a copy of its articles of incorporation in addition; | 8281 |
(3) The location and addresses of the principal office and | 8282 |
all other offices of the applicant; | 8283 |
(4) A general description of the business of the applicant | 8284 |
prior to the application, including a list of states in which the | 8285 |
applicant is a licensed foreign real estate dealer; | 8286 |
(5) The names and addresses of all | 8287 |
the applicant at the date of the application; | 8288 |
(6) The nature of the business of the applicant, and its | 8289 |
places of business, for the ten-year period preceding the date of | 8290 |
application. | 8291 |
(B) Every nonresident applicant shall name a person within | 8292 |
this state upon whom process against the applicant may be served | 8293 |
and shall give the complete residence and business address of the | 8294 |
person designated. Every applicant shall file an irrevocable | 8295 |
written consent, executed and acknowledged by an individual duly | 8296 |
authorized to give such consent, that actions growing out of a | 8297 |
fraud committed by the applicant in connection with the sale in | 8298 |
this state of foreign real estate may be commenced against it, in | 8299 |
the proper court of any county in this state in which a cause of | 8300 |
action for such fraud may arise or in which the plaintiff in such | 8301 |
action may reside, by serving on the secretary of state any proper | 8302 |
process or pleading authorized by the laws of this state, in the | 8303 |
event that the applicant if a resident of this state, or the | 8304 |
person designated by the nonresident applicant, cannot be found at | 8305 |
the address given. The consent shall stipulate that the service of | 8306 |
process on the secretary of state shall be taken in all courts to | 8307 |
be as valid and binding as if service had been made upon the | 8308 |
foreign real estate dealer. If the applicant is a corporation or | 8309 |
an unincorporated association, the consent shall be accompanied by | 8310 |
a certified copy of the resolution of the board of directors, | 8311 |
trustees, or managers of the corporation or association, | 8312 |
authorizing such individual to execute the consent. | 8313 |
(C) The superintendent may investigate any applicant for a | 8314 |
dealer's license, and may require any additional information | 8315 |
the superintendent considers necessary to determine the business | 8316 |
repute and qualifications of the applicant to act as a foreign | 8317 |
real estate dealer. If the application for a dealer's license | 8318 |
involves investigation outside this state, the superintendent may | 8319 |
require the applicant to advance sufficient funds to pay any of | 8320 |
the actual expenses of the investigation, and an itemized | 8321 |
statement of such expense shall be furnished to the applicant. | 8322 |
(D) Every applicant shall take a written examination, | 8323 |
prescribed and conducted by the superintendent, which covers | 8324 |
the applicant's knowledge of the principles of real estate | 8325 |
practice, real estate law, financing and appraisal, real estate | 8326 |
transactions and instruments relating to them, canons of business | 8327 |
ethics relating to real estate transactions, and the duties of | 8328 |
foreign real
estate dealers and | 8329 |
the examination, when administered by the superintendent, is | 8330 |
seventy-five dollars. If the applicant does not appear for the | 8331 |
examination, the fee shall be forfeited and a new application and | 8332 |
fee shall be filed, unless good cause for the failure to appear is | 8333 |
shown to the superintendent. The requirement of an examination may | 8334 |
be waived in whole or in part by the superintendent if an | 8335 |
applicant is licensed as a real estate broker by any state. | 8336 |
Any applicant who fails the examination twice shall wait six | 8337 |
months before applying to retake the examination. | 8338 |
(E) No person shall take the foreign real estate dealer's | 8339 |
examination who has not established to the satisfaction of the | 8340 |
superintendent that | 8341 |
(1) Has not been convicted of a | 8342 |
8343 | |
applicant's fitness or ability to perform the duties and | 8344 |
responsibilities of a foreign real estate dealer or, if | 8345 |
applicant has been so convicted, the superintendent has | 8346 |
disregarded the conviction because the applicant has proven to the | 8347 |
superintendent, by a preponderance of the evidence, that | 8348 |
applicant's activities and employment record since the conviction | 8349 |
show
that | 8350 |
reputation,
and there is no
basis in fact for believing that | 8351 |
the applicant again will violate the laws involved; | 8352 |
(2) Has not been finally adjudged by a court to have violated | 8353 |
any municipal, state, or federal civil rights laws relevant to the | 8354 |
protection of purchasers or sellers of real
estate or, if | 8355 |
applicant has been so adjudged, at least two years have passed | 8356 |
since the court decision and the superintendent has disregarded | 8357 |
the adjudication because the applicant has proven, by a | 8358 |
preponderance of the evidence, that | 8359 |
and employment record since the adjudication show that | 8360 |
applicant is honest, truthful, and of good reputation, and there | 8361 |
is
no basis in fact
for believing that | 8362 |
violate the laws involved; | 8363 |
(3) Has not, during any period for which | 8364 |
licensed under this chapter or any former section of the Revised | 8365 |
Code applicable to licensed foreign real estate dealers or | 8366 |
8367 | |
adopted pursuant
to, this chapter or that section, or, if | 8368 |
applicant has violated any such provision or rule, has established | 8369 |
to the satisfaction of the
superintendent that | 8370 |
will not again violate the provision or rule. | 8371 |
(F) If the superintendent finds that an applicant for a | 8372 |
license as a foreign real estate dealer, or each named member, | 8373 |
manager, or officer of a partnership, association, or corporate | 8374 |
applicant is at least eighteen years of age, is of good business | 8375 |
repute, has passed the examination required under this section or | 8376 |
has had the requirement of an examination waived, and appears | 8377 |
otherwise qualified, the superintendent shall issue a license to | 8378 |
the applicant to engage in business in this state as a foreign | 8379 |
real estate dealer. Dealers licensed pursuant to this section | 8380 |
shall employ as | 8381 |
persons licensed pursuant to section 4735.28 of the Revised Code. | 8382 |
If at
any time such | 8383 |
or
new | 8384 |
notify the superintendent and shall file with the division of real | 8385 |
estate the names and
addresses of new | 8386 |
(G) If the applicant merely is renewing | 8387 |
license for the previous year, the application need contain only | 8388 |
the information required by divisions (A)(2), (3), and (6) of this | 8389 |
section. | 8390 |
Sec. 4735.28. (A) An application to act as a foreign real | 8391 |
estate | 8392 |
superintendent of real estate. It shall be in the form the | 8393 |
superintendent prescribes and shall contain the following | 8394 |
information: | 8395 |
(1) The name and complete residence and business addresses of | 8396 |
the applicant; | 8397 |
(2) The name of the foreign real estate dealer who is | 8398 |
employing the applicant or who intends to employ | 8399 |
applicant; | 8400 |
(3) The age and education of the applicant, and | 8401 |
applicant's experience in the sale of foreign real estate; whether | 8402 |
8403 | |
if so, when;
whether | 8404 |
license by the
superintendent;
and whether | 8405 |
ever been licensed or refused a license or any similar permit by | 8406 |
any division or superintendent of real estate, by whatsoever name | 8407 |
known or designated, anywhere; | 8408 |
(4) The nature of the employment, and the names and addresses | 8409 |
of the employers, of the applicant for the period of ten years | 8410 |
immediately preceding the date of the application. | 8411 |
(B) Every applicant shall take a written examination, | 8412 |
prescribed and conducted by the superintendent, which covers | 8413 |
the applicant's knowledge of the principles of real estate | 8414 |
practice, real estate law, financing and appraisal, real estate | 8415 |
transactions and instruments relating to them, canons of business | 8416 |
ethics relating to real estate transactions, and the duties of | 8417 |
foreign real
estate | 8418 |
examination, when administered by the superintendent, is fifty | 8419 |
dollars. If the applicant does not appear for the examination, the | 8420 |
fee shall be forfeited and a new application and fee shall be | 8421 |
filed, unless good cause for the failure to appear is shown to the | 8422 |
superintendent. The requirement of an examination may be waived in | 8423 |
whole or in part by the superintendent if an applicant is licensed | 8424 |
as a real
estate broker or | 8425 |
Any applicant who fails the examination twice shall wait six | 8426 |
months before applying to retake the examination. | 8427 |
(C) No person shall take the foreign real estate
| 8428 |
salesperson's examination who has not established to the | 8429 |
satisfaction of the superintendent that | 8430 |
(1) Has not been convicted of a | 8431 |
8432 | |
applicant's fitness or ability to perform the duties and | 8433 |
responsibilities of a foreign real estate salesperson or, if | 8434 |
the applicant has been so convicted, the superintendent has | 8435 |
disregarded the conviction because the applicant has proven to the | 8436 |
superintendent, by a preponderance of the evidence, that | 8437 |
applicant's activities and employment record since the conviction | 8438 |
show
that
| 8439 |
reputation,
and there is no
basis in fact for believing that | 8440 |
the applicant again will violate the laws involved; | 8441 |
(2) Has not been finally adjudged by a court to have violated | 8442 |
any municipal, state, or federal civil rights laws relevant to the | 8443 |
protection of purchasers or sellers of real
estate or, if | 8444 |
applicant has been so adjudged, at least two years have passed | 8445 |
since the court decision and the superintendent has disregarded | 8446 |
the adjudication because the applicant has proven, by a | 8447 |
preponderance of the evidence, that | 8448 |
and employment record since the adjudication show that | 8449 |
applicant is honest, truthful, and of good reputation, and there | 8450 |
is
no basis in fact
for believing that | 8451 |
violate the laws; | 8452 |
(3) Has not, during any period for which | 8453 |
licensed under this chapter or any former section of the Revised | 8454 |
Code
| 8455 |
or
| 8456 |
adopted pursuant
to, this chapter or that section, or, if | 8457 |
applicant has violated any such provision or rule, has established | 8458 |
to the satisfaction of the
superintendent that | 8459 |
will not again violate the provision or rule. | 8460 |
(D) Every | 8461 |
be licensed by the superintendent of real estate and shall be | 8462 |
employed only by the licensed foreign real estate dealer specified | 8463 |
on | 8464 |
(E) If the superintendent finds that the applicant is of good | 8465 |
business repute, appears to be qualified to act as a foreign real | 8466 |
estate | 8467 |
provisions of this chapter, and that the dealer in the application | 8468 |
is a licensed foreign real estate dealer, the superintendent, upon | 8469 |
payment of the fees prescribed by section 4735.15 of the Revised | 8470 |
Code, shall issue a license to the applicant authorizing | 8471 |
applicant to
act as | 8472 |
the application. | 8473 |
Sec. 4738.07. The registrar of motor vehicles shall deny the | 8474 |
application of any person for a license under this chapter and | 8475 |
refuse to issue him a license if the registrar finds that the | 8476 |
applicant: | 8477 |
(A) Has made false statement of a material fact in his | 8478 |
application; | 8479 |
(B) Has not complied with sections 4738.01 to 4738.15 of the | 8480 |
Revised Code: | 8481 |
(C) Is of bad business repute or has habitually defaulted on | 8482 |
financial obligations; | 8483 |
(D) Has been convicted of a | 8484 |
substantially related to the applicant's fitness or ability to | 8485 |
perform the duties and responsibilities of a licensee under this | 8486 |
chapter; | 8487 |
(E) Has been guilty of a fraudulent act in connection with | 8488 |
dealing in salvage motor vehicles or when operating as a motor | 8489 |
vehicle salvage dealer, salvage motor vehicle auction, or salvage | 8490 |
motor vehicle pool; | 8491 |
(F) Is insolvent; | 8492 |
(G) Is of insufficient responsibility to assure the prompt | 8493 |
payment of any final judgments which might reasonably be entered | 8494 |
against him because of the transaction of his business during the | 8495 |
period of the license applied for; | 8496 |
(H) Has no established place of business; | 8497 |
(I) Has less than twelve months prior to said application, | 8498 |
been denied a license under this chapter. | 8499 |
If the applicant is a corporation or partnership, the | 8500 |
registrar may refuse to issue a license if any officer, director, | 8501 |
or partner of the applicant has been guilty of any act or omission | 8502 |
which would be cause for refusing or revoking a license issued to | 8503 |
the officer, director, or partner as an individual. The | 8504 |
registrar's finding may be based upon facts contained in the | 8505 |
application or upon any other information which he may have. | 8506 |
Immediately upon denying an application for any of the reasons in | 8507 |
this section, the registrar shall enter a final order together | 8508 |
with his findings and certify the same to the motor vehicle | 8509 |
salvage dealer's licensing board. | 8510 |
An applicant who has been refused a license may appeal from | 8511 |
the action of the registrar to the motor vehicle salvage dealer's | 8512 |
licensing board in the manner prescribed in section 4738.12 of the | 8513 |
Revised Code. | 8514 |
Sec. 4738.12. The motor vehicle salvage dealer's licensing | 8515 |
board shall hear appeals which may be taken from an order of the | 8516 |
registrar of motor vehicles, refusing to issue a license. All | 8517 |
appeals from any order of the registrar refusing to issue any | 8518 |
license upon proper application made must be taken within thirty | 8519 |
days from the date of the order, or the order is final and | 8520 |
conclusive. All appeals from orders of the registrar must be by | 8521 |
petition in writing and verified under oath by the applicant whose | 8522 |
application for license has been denied, and must set forth the | 8523 |
reason why, in the petitioner's opinion, the order of the | 8524 |
registrar is not correct. In appeals the board may make | 8525 |
investigation to determine the correctness and legality of the | 8526 |
order of the registrar. | 8527 |
The board may make rules governing its actions relative to | 8528 |
the suspension and revocation of licenses and may, upon its own | 8529 |
motion, and shall, upon the verified complaint in writing of any | 8530 |
person, investigate the conduct of any licensee under this | 8531 |
chapter. The board shall suspend or revoke or notify the registrar | 8532 |
to refuse to renew any license if any ground existed upon which | 8533 |
the license would have been refused, or if a ground exists which | 8534 |
would be cause for refusal to issue a license. | 8535 |
The board may suspend or revoke any license if the licensee | 8536 |
has in any manner violated the rules issued pursuant to sections | 8537 |
4738.01 to 4738.16 of the Revised Code, or has been convicted of | 8538 |
committing a | 8539 |
8540 | |
related to the person's fitness or ability to perform the duties | 8541 |
and responsibilities of a licensee under this chapter. | 8542 |
Sec. 4738.18. (A) Any person licensed under division (A) of | 8543 |
section 4738.03 of the Revised Code who wishes to purchase salvage | 8544 |
motor vehicles at salvage motor vehicle auctions or salvage motor | 8545 |
vehicle pools shall make application to the registrar of motor | 8546 |
vehicles for a buyer's identification card. The application shall | 8547 |
be on a form prescribed by the registrar and shall contain the | 8548 |
applicant's name, principal business address, the license number | 8549 |
under which the applicant will be making purchases, and such other | 8550 |
information as the registrar requires. In lieu of directly | 8551 |
obtaining a buyer's identification card or in addition thereto, | 8552 |
any person licensed under division (A) of section 4738.03 of the | 8553 |
Revised Code may designate up to two employees to act as buyers | 8554 |
for the licensee. The licensee shall make application for a | 8555 |
buyer's identification card for each employee in the same manner | 8556 |
as for a card for the licensee. | 8557 |
(B) The fee for each buyer's identification card shall be | 8558 |
thirty-five dollars. | 8559 |
(C) Beginning on | 8560 |
September 16, 2004, each buyer's identification card shall expire | 8561 |
biennially on a day within the two-year cycle that is prescribed | 8562 |
by the registrar, unless sooner suspended or revoked. Before the | 8563 |
first day after the day prescribed by the registrar in the year | 8564 |
that the card expires, each cardholder shall file an application | 8565 |
for renewal of the card, in a form that the registrar prescribes. | 8566 |
A buyer's identification card is nontransferable. If the holder of | 8567 |
a card no longer possesses a valid salvage motor vehicle dealer's | 8568 |
license, or if an employee of the licensee leaves the employment | 8569 |
of the licensee, the buyer's identification card of that person is | 8570 |
invalid and the holder shall return the card to the registrar. | 8571 |
(D) Any person who holds a valid salvage motor vehicle | 8572 |
dealer's license from another state that imposes qualifications | 8573 |
and requirements with respect to the license that are equivalent | 8574 |
to those required by Chapter 4738. of the Revised Code may make | 8575 |
application and receive a buyer's identification card. The person | 8576 |
shall make application to the registrar who shall, based upon the | 8577 |
registrar's investigation, issue a buyer's identification card to | 8578 |
those applicants who the registrar determines are qualified. | 8579 |
(E) All applicants for a buyer's identification card must be | 8580 |
of good financial repute and not have been convicted of a
| 8581 |
criminal offense substantially related to the applicant's fitness | 8582 |
or ability to perform the duties and responsibilities of a | 8583 |
licensee under this chapter as verified by a report from a law | 8584 |
enforcement agency and credit report furnished to the registrar by | 8585 |
the applicant. | 8586 |
(F) The registrar may revoke or suspend the license of any | 8587 |
salvage motor vehicle dealer who allows the dealer's card or the | 8588 |
card of any employee to be used by any unauthorized person. | 8589 |
Sec. 4740.06. (A) Any individual who applies for a license | 8590 |
shall file a written application with the appropriate section of | 8591 |
the Ohio construction industry licensing board, accompanied with | 8592 |
the application fee as determined pursuant to section 4740.09 of | 8593 |
the Revised Code. The individual shall file the application not | 8594 |
more than sixty days nor less than thirty days prior to the date | 8595 |
of the examination. The application shall be on the form the | 8596 |
section prescribes and verified by the applicant's oath. The | 8597 |
applicant shall provide information satisfactory to the section | 8598 |
showing that the applicant meets the requirements of division (B) | 8599 |
of this section. | 8600 |
(B) To qualify to take an examination, an individual shall: | 8601 |
(1) Be at least eighteen years of age; | 8602 |
(2) Be a United States citizen or legal alien who produces | 8603 |
valid documentation to demonstrate the individual is a legal | 8604 |
resident of the United States; | 8605 |
(3) Either have been a tradesperson in the type of licensed | 8606 |
trade for which the application is filed for not less than five | 8607 |
years immediately prior to the date the application is filed, be | 8608 |
an engineer, have three years of business experience in the | 8609 |
construction industry, or have other experience acceptable to the | 8610 |
appropriate section of the board; | 8611 |
(4) Maintain contractor's liability insurance, including | 8612 |
without limitation, complete operations coverage, in an amount the | 8613 |
appropriate section of the board determines; | 8614 |
(5) Not have done any of the following: | 8615 |
(a) Been convicted of or pleaded
guilty to a | 8616 |
8617 | |
substantially related to the applicant's fitness or ability to | 8618 |
perform the duties and responsibilities of a licensee under this | 8619 |
chapter; | 8620 |
(b) Violated this chapter or any rule adopted pursuant to it; | 8621 |
(c) Obtained or renewed a license issued pursuant to this | 8622 |
chapter, or any order, ruling, or authorization of the board or a | 8623 |
section of the board by fraud, misrepresentation, or deception; | 8624 |
(d) Engaged in fraud, misrepresentation, or deception in the | 8625 |
conduct of business. | 8626 |
(C) When an applicant for licensure as a contractor in a | 8627 |
licensed trade meets the qualifications set forth in division (B) | 8628 |
of this section and passes the required examination, the | 8629 |
appropriate section of the board, within ninety days after the | 8630 |
application was filed, shall authorize the administrative section | 8631 |
of the board to license the applicant for the type of contractor's | 8632 |
license for which the applicant qualifies. A section of the board | 8633 |
may withdraw its authorization to the administrative section for | 8634 |
issuance of a license for good cause shown, on the condition that | 8635 |
notice of that withdrawal is given prior to the administrative | 8636 |
section's issuance of the license. | 8637 |
(D) Each license expires one year after the date of issue. An | 8638 |
individual holding a valid, unexpired license may renew the | 8639 |
license, without reexamination, by submitting an application to | 8640 |
the appropriate section of the board not more than ninety calendar | 8641 |
days before the expiration of the license, along with the renewal | 8642 |
fee the section requires and proof of compliance with the | 8643 |
applicable continuing education requirements. The applicant shall | 8644 |
provide information in the renewal application satisfactory to | 8645 |
demonstrate to the appropriate section that the applicant | 8646 |
continues to meet the requirements of division (B) of this | 8647 |
section. | 8648 |
Upon application and within one calendar year after a license | 8649 |
has expired, a section may waive any of the requirements for | 8650 |
renewal of a license upon finding that an applicant substantially | 8651 |
meets the renewal requirements or that failure to timely apply for | 8652 |
renewal is due to excusable neglect. A section that waives | 8653 |
requirements for renewal of a license may impose conditions upon | 8654 |
the licensee and assess a late filing fee of not more than double | 8655 |
the usual renewal fee. An applicant shall satisfy any condition | 8656 |
the section imposes before a license is reissued. | 8657 |
(E) An individual holding a valid license may request the | 8658 |
section of the board that authorized that license to place the | 8659 |
license in inactive status under conditions, and for a period of | 8660 |
time, as that section determines. | 8661 |
(F) Except for the ninety-day extension provided for a | 8662 |
license assigned to a business entity under division (D) of | 8663 |
section 4740.07 of the Revised Code, a license held by an | 8664 |
individual immediately terminates upon the death of the | 8665 |
individual. | 8666 |
(G) Nothing in any license issued by the Ohio construction | 8667 |
industry licensing board shall be construed to limit or eliminate | 8668 |
any requirement of or any license issued by the Ohio fire marshal. | 8669 |
Sec. 4740.10. (A) The appropriate section of the Ohio | 8670 |
construction industry licensing board may take any of the | 8671 |
following actions against a licensee who violates Chapter 4740. of | 8672 |
the Revised Code: | 8673 |
(1) Impose a fine on the licensee, not exceeding one thousand | 8674 |
dollars per violation per day; | 8675 |
(2) Direct the administrative section to suspend the | 8676 |
licensee's license for a period of time the section establishes; | 8677 |
(3) Direct the administrative section to revoke the | 8678 |
licensee's license; | 8679 |
(4) Require the licensee to complete additional continuing | 8680 |
education course work. Any continuing education course work | 8681 |
completed pursuant to this division may not count toward any other | 8682 |
continuing education requirements this chapter establishes. | 8683 |
(5) Direct the administrative section to refuse to issue or | 8684 |
renew a license if the section finds that the applicant or | 8685 |
licensee has done any of the following: | 8686 |
(a) Been convicted of a | 8687 |
8688 | |
fitness or ability to perform the duties and responsibilities of a | 8689 |
licensee under this chapter; | 8690 |
(b) Violated any provision of this chapter or the rules | 8691 |
adopted pursuant thereto; | 8692 |
(c) Obtained a license or any order, ruling, or authorization | 8693 |
of the board by fraud, misrepresentation, or deception; | 8694 |
(d) Engaged in fraud, misrepresentation, or deception in the | 8695 |
conduct of business. | 8696 |
(B) The appropriate section of the board shall determine the | 8697 |
length of time that a license is to be suspended and whether or | 8698 |
when an individual whose license has been revoked may apply for | 8699 |
reinstatement. The appropriate section of the board may accept or | 8700 |
refuse an application for reinstatement and may require an | 8701 |
examination for reinstatement. | 8702 |
(C) The appropriate section of the board may investigate any | 8703 |
alleged violation of this chapter or the rules adopted pursuant to | 8704 |
it. If, after an investigation, a section determines that any | 8705 |
person has engaged or is engaging in any practice that violates | 8706 |
this chapter or the rules adopted pursuant to it, that section may | 8707 |
apply to the court of common pleas of the county in which the | 8708 |
violation occurred or is occurring for an injunction or other | 8709 |
appropriate relief to enjoin or terminate the violation. | 8710 |
(D) Any person who wishes to make a complaint against a | 8711 |
person who holds a license shall submit the complaint in writing | 8712 |
to the appropriate section of the board within three years after | 8713 |
the date of the action or event upon which the complaint is based. | 8714 |
Sec. 4741.22. The state veterinary medical licensing board | 8715 |
may refuse to issue or renew a license, limited license, | 8716 |
registration, or temporary permit to or of any applicant who, and | 8717 |
may issue a reprimand to, suspend or revoke the license, limited | 8718 |
license, registration, or the temporary permit of, or impose a | 8719 |
civil penalty pursuant to this section upon any person holding a | 8720 |
license, limited license, or temporary permit to practice | 8721 |
veterinary medicine or any person registered as a registered | 8722 |
veterinary technician who: | 8723 |
(A) In the conduct of the person's practice does not conform | 8724 |
to the rules of the board or the standards of the profession | 8725 |
governing proper, humane, sanitary, and hygienic methods to be | 8726 |
used in the care and treatment of animals; | 8727 |
(B) Uses fraud, misrepresentation, or deception in any | 8728 |
application or examination for licensure, or any other | 8729 |
documentation created in the course of practicing veterinary | 8730 |
medicine; | 8731 |
(C) Is found to be physically or psychologically addicted to | 8732 |
alcohol or an illegal or controlled substance, as defined in | 8733 |
section 3719.01 of the Revised Code, to such a degree as to render | 8734 |
the person unfit to practice veterinary medicine; | 8735 |
(D) Directly or indirectly employs or lends the person's | 8736 |
services to a solicitor for the purpose of obtaining patients; | 8737 |
(E) Obtains a fee on the assurance that an incurable disease | 8738 |
can be cured; | 8739 |
(F) Advertises in a manner that violates section 4741.21 of | 8740 |
the Revised Code; | 8741 |
(G) Divides fees or charges or has any arrangement to share | 8742 |
fees or charges with any other person, except on the basis of | 8743 |
services performed; | 8744 |
(H) Sells any biologic containing living, dead, or sensitized | 8745 |
organisms or products of those organisms, except in a manner that | 8746 |
the board by rule has prescribed; | 8747 |
(I) Is convicted of or pleads guilty to any | 8748 |
8749 | |
substantially related to the person's fitness or ability to | 8750 |
perform the duties and responsibilities of a veterinarian or | 8751 |
veterinary technician or fails to report to the board within sixty | 8752 |
days of the individual's conviction of, plea of guilty to, or | 8753 |
treatment in lieu of conviction involving | 8754 |
8755 | |
8756 |
(J) Is convicted of any violation of section 959.13 of the | 8757 |
Revised Code; | 8758 |
(K) Swears falsely in any affidavit required to be made by | 8759 |
the person in the course of the practice of veterinary medicine; | 8760 |
(L) Fails to report promptly to the proper official any known | 8761 |
reportable disease; | 8762 |
(M) Fails to report promptly vaccinations or the results of | 8763 |
tests when required to do so by law or rule; | 8764 |
(N) Has been adjudicated incompetent for the purpose of | 8765 |
holding the license or permit by a court, as provided in Chapter | 8766 |
2111. of the Revised Code, and has not been restored to legal | 8767 |
capacity for that purpose; | 8768 |
(O) Permits a person who is not a licensed veterinarian, a | 8769 |
veterinary student, or a registered veterinary technician to | 8770 |
engage in work or perform duties in violation of this chapter; | 8771 |
(P) Is guilty of gross incompetence or gross negligence; | 8772 |
(Q) Has had a license to practice veterinary medicine or a | 8773 |
license, registration, or certificate to engage in activities as a | 8774 |
registered veterinary technician revoked, suspended, or acted | 8775 |
against by disciplinary action by an agency similar to this board | 8776 |
of another state, territory, or country or the District of | 8777 |
Columbia; | 8778 |
(R) Is or has practiced with a revoked, suspended, inactive, | 8779 |
expired, or terminated license or registration; | 8780 |
(S) Represents self as a specialist unless certified as a | 8781 |
specialist by the board; | 8782 |
(T) In the person's capacity as a veterinarian or registered | 8783 |
veterinary technician makes or files a report, health certificate, | 8784 |
vaccination certificate, or other document that the person knows | 8785 |
is false or negligently or intentionally fails to file a report or | 8786 |
record required by any applicable state or federal law; | 8787 |
(U) Fails to use reasonable care in the administration of | 8788 |
drugs or acceptable scientific methods in the selection of those | 8789 |
drugs or other modalities for treatment of a disease or in conduct | 8790 |
of surgery; | 8791 |
(V) Makes available a dangerous drug, as defined in section | 8792 |
4729.01 of the Revised Code, to any person other than for the | 8793 |
specific treatment of an animal patient; | 8794 |
(W) Refuses to permit a board investigator or the board's | 8795 |
designee to inspect the person's business premises during regular | 8796 |
business hours, except as provided in division (A) of section | 8797 |
4741.26 of the Revised Code; | 8798 |
(X) Violates any order of the board or fails to comply with a | 8799 |
subpoena of the board; | 8800 |
(Y) Fails to maintain medical records as required by rule of | 8801 |
the board; | 8802 |
(Z) Engages in cruelty to animals; | 8803 |
(AA) Uses, prescribes, or sells any veterinary prescription | 8804 |
drug or biologic, or prescribes any extra-label use of any | 8805 |
over-the-counter drug or dangerous drug in the absence of a valid | 8806 |
veterinary-client-patient relationship. | 8807 |
Before the board may revoke, deny, refuse to renew, or | 8808 |
suspend a license, registration, or temporary permit or otherwise | 8809 |
discipline the holder of a license, registration, or temporary | 8810 |
permit, the executive director shall file written charges with the | 8811 |
board. The board shall conduct a hearing on the charges as | 8812 |
provided in Chapter 119. of the Revised Code. | 8813 |
If the board, after a hearing conducted pursuant to Chapter | 8814 |
119. of the Revised Code, revokes, refuses to renew, or suspends a | 8815 |
license, registration, or temporary permit for a violation of this | 8816 |
section, section 4741.23, division (C) or (D) of section 4741.19, | 8817 |
or division (B), (C), or (D) of section 4741.21 of the Revised | 8818 |
Code, the board may impose a civil penalty upon the holder of the | 8819 |
license, permit, or registration of not less than one hundred | 8820 |
dollars or more than one thousand dollars. In addition to the | 8821 |
civil penalty and any other penalties imposed pursuant to this | 8822 |
chapter, the board may assess any holder of a license, permit, or | 8823 |
registration the costs of the hearing conducted under this section | 8824 |
if the board determines that the holder has violated any provision | 8825 |
for which the board may impose a civil penalty under this section. | 8826 |
Sec. 4743.06. Each board, commission, or agency created under | 8827 |
or by virtue of Title XLVII of the Revised Code shall determine | 8828 |
which criminal offenses are substantially related to a person's | 8829 |
fitness and ability to perform the duties and responsibilities of | 8830 |
the profession or occupation regulated by the board, commission, | 8831 |
or agency. Not later than one hundred eighty days after the | 8832 |
effective date of this section, every board, commission, or agency | 8833 |
of that type shall promulgate a rule pursuant to Chapter 119. of | 8834 |
the Revised Code that lists by Revised Code section number and | 8835 |
name of the offense every criminal offense it determines to be | 8836 |
substantially related to a person's fitness and ability to perform | 8837 |
the duties and responsibilities of the profession or occupation it | 8838 |
regulates and states the reasons why it determined that the | 8839 |
criminal offense is substantially related to a person's fitness | 8840 |
and ability to perform the duties and responsibilities of the | 8841 |
profession or occupation. | 8842 |
Sec. 4747.12. The hearing aid dealers and fitters licensing | 8843 |
board may revoke or suspend a license or permit if the person who | 8844 |
holds such license or permit: | 8845 |
(A) Is convicted of a | 8846 |
8847 | |
fitness or ability to perform the duties and responsibilities of a | 8848 |
hearing aid dealer or fitter. The record of conviction, or a copy | 8849 |
thereof certified by the clerk of the court or by the judge in | 8850 |
whose court the conviction occurs, is conclusive evidence of such | 8851 |
conviction; | 8852 |
(B) Procured a license or permit by fraud or deceit practiced | 8853 |
upon the board; | 8854 |
(C) Obtained any fee or made any sale of a hearing aid by | 8855 |
fraud or misrepresentation; | 8856 |
(D) Knowingly employed any person without a license or a | 8857 |
person whose license was suspended or revoked to engage in the | 8858 |
fitting or sale of hearing aids; | 8859 |
(E) Used or caused or promoted the use of any advertising | 8860 |
matter, promotional literature, testimonial, guarantee, warranty, | 8861 |
label, brand, insignia, or any other representation, however | 8862 |
disseminated or published, which is misleading, deceptive, or | 8863 |
untruthful; | 8864 |
(F) Advertised a particular model or type of hearing aid for | 8865 |
sale when purchasers or prospective purchasers responding to the | 8866 |
advertisement cannot purchase the specified model or type of | 8867 |
hearing aid; | 8868 |
(G) Represented or advertised that the service or advice of a | 8869 |
person licensed to practice medicine will be used or made | 8870 |
available in the selection, fitting, adjustment, maintenance, or | 8871 |
repair of hearing aids when such is not true, or using the words | 8872 |
"doctor," "clinic," or similar words, abbreviations, or symbols | 8873 |
which connote the medical profession when such use is not | 8874 |
accurate; | 8875 |
(H) Is found by the board to be a person of habitual | 8876 |
intemperance or gross immorality; | 8877 |
(I) Advertised a manufacturer's product or used a | 8878 |
manufacturer's name or trademark in a manner which suggested the | 8879 |
existence of a relationship with the manufacturer which did not or | 8880 |
does not exist; | 8881 |
(J) Fitted or sold, or attempted to fit or sell, a hearing | 8882 |
aid to a person without first utilizing the appropriate procedures | 8883 |
and instruments required for proper fitting of hearing aids; | 8884 |
(K) Engaged in the fitting and sale of hearing aids under a | 8885 |
false name or an alias; | 8886 |
(L) Engaged in the practice of dealing in or fitting of | 8887 |
hearing aids while suffering from a contagious or infectious | 8888 |
disease; | 8889 |
(M) Was found by the board to be guilty of gross incompetence | 8890 |
or negligence in the fitting or sale of hearing aids; | 8891 |
(N) Permitted another person to use | 8892 |
license. | 8893 |
Sec. 4749.03. (A)(1) Any individual, including a partner in | 8894 |
a partnership, may be licensed as a private investigator under a | 8895 |
class B license, or as a security guard provider under a class C | 8896 |
license, or as a private investigator and a security guard | 8897 |
provider under a class A license, if the individual meets all of | 8898 |
the following requirements: | 8899 |
(a) Has a good reputation for integrity, has not been | 8900 |
convicted of a | 8901 |
8902 | |
to the person's fitness or ability to perform the duties and | 8903 |
responsibilities of a private investigator or security guard | 8904 |
provider, and has not been adjudicated incompetent for the purpose | 8905 |
of holding the license, as provided in section 5122.301 of the | 8906 |
Revised Code, without having been restored to legal capacity for | 8907 |
that purpose. | 8908 |
(b) Depending upon the class of license for which application | 8909 |
is made, for a continuous period of at least two years immediately | 8910 |
preceding application for a license, has been engaged in | 8911 |
investigatory or security services work for a law enforcement or | 8912 |
other public agency engaged in investigatory activities, or for a | 8913 |
private investigator or security guard provider, or engaged in the | 8914 |
practice of law, or has acquired equivalent experience as | 8915 |
determined by rule of the director of public safety. | 8916 |
(c) Demonstrates competency as a private investigator or | 8917 |
security guard provider by passing an examination devised for this | 8918 |
purpose by the director, except that any individually licensed | 8919 |
person who qualifies a corporation for licensure shall not be | 8920 |
required to be reexamined if the person qualifies the corporation | 8921 |
in the same capacity that the person was individually licensed. | 8922 |
(d) Submits evidence of comprehensive general liability | 8923 |
insurance coverage, or other equivalent guarantee approved by the | 8924 |
director in such form and in principal amounts satisfactory to the | 8925 |
director, but not less than one hundred thousand dollars for each | 8926 |
person and three hundred thousand dollars for each occurrence for | 8927 |
bodily injury liability, and one hundred thousand dollars for | 8928 |
property damage liability. | 8929 |
(e) Pays the requisite examination and license fees. | 8930 |
(2) A corporation may be licensed as a private investigator | 8931 |
under a class B license, or as a security guard provider under a | 8932 |
class C license, or as a private investigator and a security guard | 8933 |
provider under a class A license, if an application for licensure | 8934 |
is filed by an officer of the corporation and the officer, another | 8935 |
officer, or the qualifying agent of the corporation satisfies the | 8936 |
requirements of divisions (A)(1) and (F)(1) of this section. | 8937 |
Officers and the statutory agent of a corporation shall be | 8938 |
determined in accordance with Chapter 1701. of the Revised Code. | 8939 |
(3) At least one partner in a partnership shall be licensed | 8940 |
as a private investigator, or as a security guard provider, or as | 8941 |
a private investigator and a security guard provider. Partners in | 8942 |
a partnership shall be determined as provided for in Chapter 1775. | 8943 |
of the Revised Code. | 8944 |
(B) An application for a class A, B, or C license shall be | 8945 |
completed in the form the director prescribes. In the case of an | 8946 |
individual, the application shall state the applicant's name, | 8947 |
birth date, citizenship, physical description, current residence, | 8948 |
residences for the preceding ten years, current employment, | 8949 |
employment for the preceding seven years, experience | 8950 |
qualifications, the location of each of the applicant's offices in | 8951 |
this state, and any other information that is necessary in order | 8952 |
for the director to comply with the requirements of this chapter. | 8953 |
In the case of a corporation, the application shall state the name | 8954 |
of the officer or qualifying agent filing the application; the | 8955 |
state in which the corporation is incorporated and the date of | 8956 |
incorporation; the states in which the corporation is authorized | 8957 |
to transact business; the name of its qualifying agent; the name | 8958 |
of the officer or qualifying agent of the corporation who | 8959 |
satisfies the requirements of divisions (A)(1) and (F)(1) of this | 8960 |
section and the birth date, citizenship, physical description, | 8961 |
current residence, residences for the preceding ten years, current | 8962 |
employment, employment for the preceding seven years, and | 8963 |
experience qualifications of that officer or qualifying agent; and | 8964 |
other information that the director requires. A corporation may | 8965 |
specify in its application information relative to one or more | 8966 |
individuals who satisfy the requirements of divisions (A)(1) and | 8967 |
(F)(1) of this section. | 8968 |
The application described in this division shall be | 8969 |
accompanied by all of the following: | 8970 |
(1) One recent full-face photograph of the applicant or, in | 8971 |
the case of a corporation, of each officer or qualifying agent | 8972 |
specified in the application as satisfying the requirements of | 8973 |
divisions (A)(1) and (F)(1) of this section; | 8974 |
(2) Character references from at least five reputable | 8975 |
citizens for the applicant or, in the case of a corporation, for | 8976 |
each officer or qualifying agent specified in the application as | 8977 |
satisfying the requirements of divisions (A)(1) and (F)(1) of this | 8978 |
section, each of whom has known the applicant, officer, or | 8979 |
qualifying agent for at least five years preceding the | 8980 |
application, and none of whom are connected with the applicant, | 8981 |
officer, or qualifying agent by blood or marriage; | 8982 |
(3) An examination fee of twenty-five dollars for the | 8983 |
applicant or, in the case of a corporation, for each officer or | 8984 |
qualifying agent specified in the application as satisfying the | 8985 |
requirements of divisions (A)(1) and (F)(1) of this section, and a | 8986 |
license fee in the amount the director determines, not to exceed | 8987 |
three hundred seventy-five dollars. The license fee shall be | 8988 |
refunded if a license is not issued. | 8989 |
(C)(1) Each individual applying for a license and each | 8990 |
individual specified by a corporation as an officer or qualifying | 8991 |
agent in an application shall submit one complete set of | 8992 |
fingerprints directly to the superintendent of the bureau of | 8993 |
criminal identification and investigation for the purpose of | 8994 |
conducting a criminal records check. The individual shall provide | 8995 |
the fingerprints using a method the superintendent prescribes | 8996 |
pursuant to division (C)(2) of section 109.572 of the Revised Code | 8997 |
and fill out the form the superintendent prescribes pursuant to | 8998 |
division (C)(1) of section 109.572 of the Revised Code. An | 8999 |
applicant who intends to carry a firearm as defined in section | 9000 |
2923.11 of the Revised Code in the course of business or | 9001 |
employment shall so notify the superintendent. This notification | 9002 |
is in addition to any other requirement related to carrying a | 9003 |
firearm that applies to the applicant. The individual or | 9004 |
corporation requesting the criminal records check shall pay the | 9005 |
fee the superintendent prescribes. | 9006 |
(2) The superintendent shall conduct the criminal records | 9007 |
check as set forth in division (B) of section 109.572 of the | 9008 |
Revised Code. If an applicant intends to carry a firearm in the | 9009 |
course of business or employment, the superintendent shall make a | 9010 |
request to the federal bureau of investigation for any information | 9011 |
and review the information the bureau provides pursuant to | 9012 |
division (B)(2) of section 109.572 of the Revised Code. The | 9013 |
superintendent shall submit all results of the completed | 9014 |
investigation to the director of public safety. | 9015 |
(3) If the director determines that the applicant, officer, | 9016 |
or qualifying agent meets the requirements of divisions (A)(1)(a), | 9017 |
(b), and (d) of this section and that an officer or qualifying | 9018 |
agent meets the requirement of division (F)(1) of this section, | 9019 |
the director shall notify the applicant, officer, or agent of the | 9020 |
time and place for the examination. If the director determines | 9021 |
that an applicant does not meet the requirements of divisions | 9022 |
(A)(1)(a), (b), and (d) of this section, the director shall notify | 9023 |
the applicant that the applicant's application is refused and | 9024 |
refund the license fee. If the director determines that none of | 9025 |
the individuals specified in the application of a corporation as | 9026 |
satisfying the requirements of divisions (A)(1) and (F)(1) of this | 9027 |
section meet the requirements of divisions (A)(1)(a), (b), and (d) | 9028 |
and (F)(1) of this section, the director shall notify the | 9029 |
corporation that its application is refused and refund the license | 9030 |
fee. If the bureau assesses the director a fee for any | 9031 |
investigation, the director, in addition to any other fee assessed | 9032 |
pursuant to this chapter, may assess the applicant, officer, or | 9033 |
qualifying agent, as appropriate, a fee that is equal to the fee | 9034 |
assessed by the bureau. | 9035 |
(D) If upon application, investigation, and examination, the | 9036 |
director finds that the applicant or, in the case of a | 9037 |
corporation, any officer or qualifying agent specified in the | 9038 |
application as satisfying the requirements of divisions (A)(1) and | 9039 |
(F)(1) of this section, meets the applicable requirements, the | 9040 |
director shall issue the applicant or the corporation a class A, | 9041 |
B, or C license. The director also shall issue an identification | 9042 |
card to an applicant, but not an officer or qualifying agent of a | 9043 |
corporation, who meets the applicable requirements. The license | 9044 |
and identification card shall state the licensee's name, the | 9045 |
classification of the license, the location of the licensee's | 9046 |
principal place of business in this state, and the expiration date | 9047 |
of the license, and, in the case of a corporation, it also shall | 9048 |
state the name of each officer or qualifying agent who satisfied | 9049 |
the requirements of divisions (A)(1) and (F)(1) of this section. | 9050 |
Licenses expire on the first day of March following the date | 9051 |
of initial issue, and on the first day of March of each year | 9052 |
thereafter. Annual renewals shall be according to the standard | 9053 |
renewal procedures contained in Chapter 4745. of the Revised Code, | 9054 |
upon payment of an annual renewal fee the director determines, not | 9055 |
to exceed two hundred seventy-five dollars. No license shall be | 9056 |
renewed if the licensee or, in the case of a corporation, each | 9057 |
officer or qualifying agent who qualified the corporation for | 9058 |
licensure no longer meets the applicable requirements of this | 9059 |
section. No license shall be renewed unless the licensee provides | 9060 |
evidence of workers' compensation risk coverage and unemployment | 9061 |
compensation insurance coverage, other than for clerical employees | 9062 |
and excepting sole proprietors who are exempted therefrom, as | 9063 |
provided for in Chapters 4123. and 4141. of the Revised Code, | 9064 |
respectively, as well as the licensee's state tax identification | 9065 |
number. No reexamination shall be required for renewal of a | 9066 |
current license. | 9067 |
For purposes of this chapter, a class A, B, or C license | 9068 |
issued to a corporation shall be considered as also having | 9069 |
licensed the individuals who qualified the corporation for | 9070 |
licensure, for as long as they are associated with the | 9071 |
corporation. | 9072 |
For purposes of this division, "sole proprietor" means an | 9073 |
individual licensed under this chapter who does not employ any | 9074 |
other individual. | 9075 |
(E) The director may issue a duplicate copy of a license | 9076 |
issued under this section for the purpose of replacement of a | 9077 |
lost, spoliated, or destroyed license, upon payment of a fee the | 9078 |
director determines, not exceeding twenty-five dollars. Any change | 9079 |
in license classification requires new application and application | 9080 |
fees. | 9081 |
(F)(1) In order to qualify a corporation for a class A, B, or | 9082 |
C license, an officer or qualifying agent may qualify another | 9083 |
corporation for similar licensure, provided that the officer or | 9084 |
qualifying agent is actively engaged in the business of both | 9085 |
corporations. | 9086 |
(2) Each officer or qualifying agent who qualifies a | 9087 |
corporation for class A, B, or C licensure shall surrender any | 9088 |
personal license of a similar nature that the officer or | 9089 |
qualifying agent possesses. | 9090 |
(3) Upon written notification to the director, completion of | 9091 |
an application similar to that for original licensure, surrender | 9092 |
of the corporation's current license, and payment of a twenty-five | 9093 |
dollar fee, a corporation's class A, B, or C license may be | 9094 |
transferred to another corporation. | 9095 |
(4) Upon written notification to the director, completion of | 9096 |
an application similar to that for an individual seeking class A, | 9097 |
B, or C licensure, payment of a twenty-five dollar fee, and, if | 9098 |
the individual was the only individual that qualified a | 9099 |
corporation for licensure, surrender of the corporation's license, | 9100 |
any officer or qualifying agent who qualified a corporation for | 9101 |
licensure under this chapter may obtain a similar license in the | 9102 |
individual's own name without reexamination. A request by an | 9103 |
officer or qualifying agent for an individual license shall not | 9104 |
affect a corporation's license unless the individual is the only | 9105 |
individual that qualified the corporation for licensure or all the | 9106 |
other individuals who qualified the corporation for licensure | 9107 |
submit such requests. | 9108 |
(G) If a corporation is for any reason no longer associated | 9109 |
with an individual who qualified it for licensure under this | 9110 |
chapter, an officer of the corporation shall notify the director | 9111 |
of that fact by certified mail, return receipt requested, within | 9112 |
ten days after the association terminates. If the notification is | 9113 |
so given, the individual was the only individual that qualified | 9114 |
the corporation for licensure, and the corporation submits the | 9115 |
name of another officer or qualifying agent to qualify the | 9116 |
corporation for the license within thirty days after the | 9117 |
association terminates, the corporation may continue to operate in | 9118 |
the business of private investigation, the business of security | 9119 |
services, or both businesses in this state under that license for | 9120 |
ninety days after the association terminates. If the officer or | 9121 |
qualifying agent whose name is submitted satisfies the | 9122 |
requirements of divisions (A)(1) and (F)(1) of this section, the | 9123 |
director shall issue a new license to the corporation within that | 9124 |
ninety-day period. The names of more than one individual may be | 9125 |
submitted. | 9126 |
Sec. 4749.04. (A) The director of public safety may revoke, | 9127 |
suspend, or refuse to renew, when a renewal form has been | 9128 |
submitted, the license of any private investigator or security | 9129 |
guard provider, or the registration of any employee of a private | 9130 |
investigator or security guard provider, for any of the following: | 9131 |
(1) Violation of any of the provisions of division (B) or (C) | 9132 |
of section 4749.13 of the Revised Code; | 9133 |
(2) Conviction of a | 9134 |
9135 | |
fitness or ability to perform the duties and responsibilities of a | 9136 |
licensee or registrant under this chapter; | 9137 |
(3) Violation of any rule of the director governing private | 9138 |
investigators, the business of private investigation, security | 9139 |
guard providers, or the business of security services; | 9140 |
(4) Testifying falsely under oath, or suborning perjury, in | 9141 |
any judicial proceeding; | 9142 |
(5) Failure to satisfy the requirements specified in division | 9143 |
(D) of section 4749.03 of the Revised Code. | 9144 |
Any person whose license or registration is revoked, | 9145 |
suspended, or not renewed when a renewal form is submitted may | 9146 |
appeal in accordance with Chapter 119. of the Revised Code. | 9147 |
(B) In lieu of suspending, revoking, or refusing to renew the | 9148 |
class A, B, or C license, or of suspending, revoking, or refusing | 9149 |
to renew the registration of an employee of a class A, B, or C | 9150 |
licensee, the director may impose a civil penalty of not more | 9151 |
than one hundred dollars for each calendar day of a violation of | 9152 |
any of the provisions of this section or of division (B) or (C) of | 9153 |
section 4749.13 of the Revised Code or of a violation of any rule | 9154 |
of the director governing private investigators, the business of | 9155 |
private investigation, security guard providers, or the business | 9156 |
of security services. | 9157 |
Sec. 4749.06. (A) Each class A, B, or C licensee shall | 9158 |
register the licensee's investigator or security guard employees, | 9159 |
with the department of public safety, which shall maintain a | 9160 |
record of each licensee and registered employee and make it | 9161 |
available, upon request, to any law enforcement agency. The class | 9162 |
A, B, or C licensee shall file an application to register a new | 9163 |
employee no sooner than three days nor later than seven calendar | 9164 |
days after the date on which the employee is hired. | 9165 |
(B)(1) Each employee's registration application shall be | 9166 |
accompanied by one recent photograph of the employee, the | 9167 |
employee's physical description, and the registration fee the | 9168 |
director determines, not to exceed forty dollars. | 9169 |
(2) The employee shall submit one complete set of | 9170 |
fingerprints directly to the superintendent of the bureau of | 9171 |
criminal identification and investigation for the purpose of | 9172 |
conducting a criminal records check. The employee shall provide | 9173 |
the fingerprints using a method the superintendent prescribes | 9174 |
pursuant to division (C)(2) of section 109.572 of the Revised Code | 9175 |
and fill out the form the superintendent prescribes pursuant to | 9176 |
division (C)(1) of section 109.572 of the Revised Code. An | 9177 |
employee who intends to carry a firearm as defined in section | 9178 |
2923.11 of the Revised Code in the course of business or | 9179 |
employment shall so notify the superintendent. This notification | 9180 |
is in addition to any other requirement related to carrying a | 9181 |
firearm that applies to the employee. The individual or | 9182 |
corporation requesting the criminal records check shall pay the | 9183 |
fee the superintendent prescribes. | 9184 |
The superintendent shall conduct the criminal records check | 9185 |
as set forth in division (B) of section 109.572 of the Revised | 9186 |
Code. If an employee intends to carry a firearm in the course of | 9187 |
business or employment, pursuant to division (B)(2) of section | 9188 |
109.572 of the Revised Code the superintendent shall make a | 9189 |
request of the federal bureau of investigation for any information | 9190 |
and review the information the bureau provides. The superintendent | 9191 |
shall submit all results of the completed investigation to the | 9192 |
director of public safety. | 9193 |
(3) If, after investigation, the bureau finds that the | 9194 |
employee
has not been
convicted of a | 9195 |
9196 | |
fitness or ability to perform the duties and responsibilities of a | 9197 |
registered investigator or security guard employee, the director | 9198 |
shall issue to the employee an identification card bearing the | 9199 |
license number and signature of the licensee, which in the case of | 9200 |
a corporation shall be the signature of its president or its | 9201 |
qualifying agent, and containing the employee's name, address, | 9202 |
age, physical description, and right thumb print or other | 9203 |
identifying mark as the director prescribes, a recent photograph | 9204 |
of the employee, and the employee's signature. The director may | 9205 |
issue a duplicate of a lost, spoliated, or destroyed | 9206 |
identification card issued under this section, upon payment of a | 9207 |
fee fixed by the director, not exceeding five dollars. | 9208 |
(C) Except as provided in division (E) of this section, no | 9209 |
class A, B, or C licensee shall permit an employee, other than an | 9210 |
individual who qualified a corporation for licensure, to engage in | 9211 |
the business of private investigation, the business of security | 9212 |
services, or both businesses until the employee receives an | 9213 |
identification card from the department, except that pending the | 9214 |
issuance of an identification card, a class A, B, or C licensee | 9215 |
may offer for hire security guard or investigator employees | 9216 |
provided the licensee obtains a waiver from the person who | 9217 |
receives, for hire, security guard or investigative services, | 9218 |
acknowledging that the person is aware the employees have not | 9219 |
completed their registration and agreeing to their employment. | 9220 |
(D) If a class A, B, or C licensee, or a registered employee | 9221 |
of a class A, B, or C licensee, intends to carry a firearm, as | 9222 |
defined in section 2923.11 of the Revised Code, in the course of | 9223 |
engaging in the business or employment, the licensee or registered | 9224 |
employee shall satisfactorily complete a firearms basic training | 9225 |
program that includes twenty hours of handgun training and five | 9226 |
hours of training in the use of other firearms, if any other | 9227 |
firearm is to be used, or equivalency training, if authorized, or | 9228 |
shall be a former peace officer who previously had successfully | 9229 |
completed a firearms training course, shall receive a certificate | 9230 |
of satisfactory completion of that program or written evidence of | 9231 |
approval of the equivalency training, shall file an application | 9232 |
for registration, shall receive a firearm-bearer notation on the | 9233 |
licensee's or registered employee's identification card, and shall | 9234 |
annually requalify on a firearms range, all as described in | 9235 |
division (A) of section 4749.10 of the Revised Code. A private | 9236 |
investigator, security guard provider, or employee is authorized | 9237 |
to carry a firearm only in accordance with that division. | 9238 |
(E) This section does not apply to commissioned peace | 9239 |
officers, as defined in division (B) of section 2935.01 of the | 9240 |
Revised Code, working for, either as an employee or independent | 9241 |
contractor, a class A, B, or C licensee. For purposes of this | 9242 |
chapter, a commissioned peace officer is an employee exempt from | 9243 |
registration. | 9244 |
(F) The registration of an investigator or security guard | 9245 |
employee expires annually on the anniversary date of its initial | 9246 |
issuance. Annual renewals shall be made pursuant to procedures the | 9247 |
director establishes by rule and upon payment of a renewal fee the | 9248 |
director determines, not to exceed thirty-five dollars. The | 9249 |
director shall not renew the registration of any investigator or | 9250 |
security guard employee who no longer meets the requirements of | 9251 |
this section. No background check is required for annual renewal, | 9252 |
but an investigator or security guard employee shall report any | 9253 |
felony conviction to the employer and the director of public | 9254 |
safety as a condition of continued registration. | 9255 |
Sec. 4751.10. The license or registration, or both, or the | 9256 |
temporary license of any person practicing or offering to practice | 9257 |
nursing home administration, shall be revoked or suspended by the | 9258 |
board of examiners of nursing home administrators if such licensee | 9259 |
or temporary licensee: | 9260 |
(A) Is unfit or incompetent by reason of negligence, habits, | 9261 |
or other causes; | 9262 |
(B) Has willfully or repeatedly violated any of the | 9263 |
provisions of Chapter 4751. of the Revised Code or the regulations | 9264 |
adopted thereunder; or willfully or repeatedly acted in a manner | 9265 |
inconsistent with the health and safety of the patients of the | 9266 |
nursing home in which | 9267 |
administrator; | 9268 |
(C) Is guilty of fraud or deceit in the practice of nursing | 9269 |
home
administration or in | 9270 |
licensee's admission to such practice; | 9271 |
(D) Has been convicted in a court of competent jurisdiction, | 9272 |
either within or
without this state, of a | 9273 |
substantially related to the person's fitness or ability to | 9274 |
perform the duties and responsibilities of a nursing home | 9275 |
administrator. | 9276 |
Proceedings under this section shall be instituted by the | 9277 |
board or shall be begun by filing with the board charges in | 9278 |
writing and under oath. | 9279 |
Sec. 4753.10. In accordance with Chapter 119. of the Revised | 9280 |
Code, the board of speech-language pathology and audiology may | 9281 |
reprimand or place on probation a speech-language pathologist or | 9282 |
audiologist or suspend, revoke, or refuse to issue or renew the | 9283 |
license of a speech-language pathologist or audiologist. | 9284 |
Disciplinary actions may be taken by the board for conduct that | 9285 |
may result from but not necessarily be limited to: | 9286 |
(A) Fraud, deception, or misrepresentation in obtaining or | 9287 |
attempting to obtain a license; | 9288 |
(B) Fraud, deception, or misrepresentation in using a | 9289 |
license; | 9290 |
(C) Altering a license; | 9291 |
(D) Aiding or abetting unlicensed practice; | 9292 |
(E) Committing fraud, deception, or misrepresentation in the | 9293 |
practice of speech-language pathology or audiology including: | 9294 |
(1) Making or filing a false report or record in the practice | 9295 |
of speech-language pathology or audiology; | 9296 |
(2) Submitting a false statement to collect a fee; | 9297 |
(3) Obtaining a fee through fraud, deception, or | 9298 |
misrepresentation, or accepting commissions or rebates or other | 9299 |
forms of remuneration for referring persons to others. | 9300 |
(F) Using or promoting or causing the use of any misleading, | 9301 |
deceiving, improbable, or untruthful advertising matter, | 9302 |
promotional literature, testimonial, guarantee, warranty, label, | 9303 |
brand, insignia, or any other representation; | 9304 |
(G) Falsely representing the use or availability of services | 9305 |
or advice of a physician; | 9306 |
(H) Misrepresenting the applicant, licensee, or holder by | 9307 |
using the word "doctor" or any similar word, abbreviation, or | 9308 |
symbol if the use is not accurate or if the degree was not | 9309 |
obtained from an accredited institution; | 9310 |
(I) Committing any act of dishonorable, immoral, or | 9311 |
unprofessional conduct while engaging in the practice of | 9312 |
speech-language pathology or audiology; | 9313 |
(J) Engaging in illegal, incompetent, or habitually negligent | 9314 |
practice; | 9315 |
(K) Providing professional services while: | 9316 |
(1) Mentally incompetent; | 9317 |
(2) Under the influence of alcohol; | 9318 |
(3) Using any narcotic or controlled substance or other drug | 9319 |
that is in excess of therapeutic amounts or without valid medical | 9320 |
indication. | 9321 |
(L) Providing services or promoting the sale of devices, | 9322 |
appliances, or products to a person who cannot reasonably be | 9323 |
expected to benefit from such services, devices, appliances, or | 9324 |
products in accordance with results obtained utilizing appropriate | 9325 |
assessment procedures and instruments; | 9326 |
(M) Violating this chapter or any lawful order given or rule | 9327 |
adopted by the board; | 9328 |
(N) Being convicted of or pleading guilty or nolo contendere | 9329 |
to a | 9330 |
offense substantially related to the person's fitness or ability | 9331 |
to perform the duties and responsibilities of a speech-language | 9332 |
pathologist or audiologist, whether or not any appeal or other | 9333 |
proceeding is pending to have the conviction or plea set aside; | 9334 |
(O) Being disciplined by a licensing or disciplinary | 9335 |
authority of this or any other state or country or convicted or | 9336 |
disciplined by a court of this or any other state or country for | 9337 |
an act that would be grounds for disciplinary action under this | 9338 |
section. | 9339 |
After revocation of a license under this section, application | 9340 |
may be made to the board for reinstatement. The board, in | 9341 |
accordance with an order of revocation as issued under Chapter | 9342 |
119. of the Revised Code, may require an examination for such | 9343 |
reinstatement. | 9344 |
If any person has engaged in any practice which constitutes | 9345 |
an offense under the provisions of this chapter or rules | 9346 |
promulgated thereunder by the board, the board may apply to the | 9347 |
court of common pleas of the county for an injunction or other | 9348 |
appropriate order restraining such conduct, and the court may | 9349 |
issue such order. | 9350 |
Any person who wishes to make a complaint against any person | 9351 |
licensed pursuant to this chapter shall submit the complaint in | 9352 |
writing to the board within one year from the date of the action | 9353 |
or event upon which the complaint is based. The board shall | 9354 |
determine whether the allegations in the complaint are of a | 9355 |
sufficiently serious nature to warrant formal disciplinary charges | 9356 |
against the licensee pursuant to this section. If the board | 9357 |
determines that formal disciplinary charges are warranted, it | 9358 |
shall proceed in accordance with the procedures established in | 9359 |
Chapter 119. of the Revised Code. | 9360 |
Sec. 4755.11. (A) In accordance with Chapter 119. of the | 9361 |
Revised Code, the occupational therapy section of the Ohio | 9362 |
occupational therapy, physical therapy, and athletic trainers | 9363 |
board may suspend, revoke, or refuse to issue or renew an | 9364 |
occupational therapist license, occupational therapy assistant | 9365 |
license, occupational therapist limited permit, occupational | 9366 |
therapy assistant limited permit, or reprimand, fine, or place a | 9367 |
license or limited permit holder on probation, for any of the | 9368 |
following: | 9369 |
(1) Conviction of | 9370 |
9371 | |
ability of the licensee or applicant to perform the duties and | 9372 |
responsibilities of an occupational therapist or occupational | 9373 |
therapy assistant, regardless of the state or country in which the | 9374 |
conviction occurred; | 9375 |
(2) Violation of any provision of sections 4755.04 to 4755.13 | 9376 |
of the Revised Code; | 9377 |
(3) Violation of any lawful order or rule of the occupational | 9378 |
therapy section; | 9379 |
(4) Obtaining or attempting to obtain a license or limited | 9380 |
permit issued by the occupational therapy section by fraud or | 9381 |
deception, including the making of a false, fraudulent, deceptive, | 9382 |
or misleading statements in relation to these activities; | 9383 |
(5) Negligence, unprofessional conduct, or gross misconduct | 9384 |
in the practice of the profession of occupational therapy; | 9385 |
(6) Accepting commissions or rebates or other forms of | 9386 |
remuneration for referring persons to other professionals; | 9387 |
(7) Communicating, without authorization, information | 9388 |
received in professional confidence; | 9389 |
(8) Using controlled substances, habit forming drugs, or | 9390 |
alcohol to an extent that it impairs the ability to perform the | 9391 |
work of an occupational therapist, occupational therapy assistant, | 9392 |
occupational therapist limited permit holder, or occupational | 9393 |
therapy assistant limited permit holder; | 9394 |
(9) Practicing in an area of occupational therapy for which | 9395 |
the individual is untrained or incompetent; | 9396 |
(10) Failing the licensing or Ohio jurisprudence examination; | 9397 |
(11) Aiding, abetting, directing, or supervising the | 9398 |
unlicensed practice of occupational therapy; | 9399 |
(12) Denial, revocation, suspension, or restriction of | 9400 |
authority to practice a health care occupation, including | 9401 |
occupational therapy, for any reason other than a failure to | 9402 |
renew, in Ohio or another state or jurisdiction; | 9403 |
(13) Except as provided in division (B) of this section: | 9404 |
(a) Waiving the payment of all or any part of a deductible or | 9405 |
copayment that a patient, pursuant to a health insurance or health | 9406 |
care policy, contract, or plan that covers occupational therapy, | 9407 |
would otherwise be required to pay if the waiver is used as an | 9408 |
enticement to a patient or group of patients to receive health | 9409 |
care services from that provider; | 9410 |
(b) Advertising that the individual will waive the payment of | 9411 |
all or any part of a deductible or copayment that a patient, | 9412 |
pursuant to a health insurance or health care policy, contract, or | 9413 |
plan that covers occupational therapy, would otherwise be required | 9414 |
to pay. | 9415 |
(14) Working or representing oneself as an occupational | 9416 |
therapist, occupational therapy assistant, occupational therapist | 9417 |
limited permit holder, or occupational therapy assistant limited | 9418 |
permit holder without a current and valid license or limited | 9419 |
permit issued by the occupational therapy section; | 9420 |
(15) Engaging in a deceptive trade practice, as defined in | 9421 |
section 4165.02 of the Revised Code; | 9422 |
(16) Violation of the standards of ethical conduct in the | 9423 |
practice of occupational therapy as identified by the occupational | 9424 |
therapy section; | 9425 |
(17) A departure from, or the failure to conform to, minimal | 9426 |
standards of care required of licensees or limited permit holders, | 9427 |
whether or not actual injury to a patient is established; | 9428 |
(18) An adjudication by a court that the applicant, licensee, | 9429 |
or limited permit holder is incompetent for the purpose of holding | 9430 |
a license or limited permit and has not thereafter been restored | 9431 |
to legal capacity for that purpose; | 9432 |
(19)(a) Except as provided in division (A)(19)(b) of this | 9433 |
section, failure to cooperate with an investigation conducted by | 9434 |
the occupational therapy section, including failure to comply with | 9435 |
a subpoena or orders issued by the section or failure to answer | 9436 |
truthfully a question presented by the section at a deposition or | 9437 |
in written interrogatories. | 9438 |
(b) Failure to cooperate with an investigation does not | 9439 |
constitute grounds for discipline under this section if a court of | 9440 |
competent jurisdiction issues an order that either quashes a | 9441 |
subpoena or permits the individual to withhold the testimony or | 9442 |
evidence at issue. | 9443 |
(20) Conviction of a misdemeanor reasonably related to the | 9444 |
practice of occupational therapy, regardless of the state or | 9445 |
country in which the conviction occurred; | 9446 |
(21) Inability to practice according to acceptable and | 9447 |
prevailing standards of care because of mental or physical | 9448 |
illness, including physical deterioration that adversely affects | 9449 |
cognitive, motor, or perception skills; | 9450 |
(22) Violation of conditions, limitations, or agreements | 9451 |
placed by the occupational therapy section on a license or limited | 9452 |
permit to practice; | 9453 |
(23) Making a false, fraudulent, deceptive, or misleading | 9454 |
statement in the solicitation of or advertising for patients in | 9455 |
relation to the practice of occupational therapy; | 9456 |
(24) Failure to complete continuing education requirements as | 9457 |
prescribed in rules adopted by the occupational therapy section | 9458 |
under section 4755.06 of the Revised Code. | 9459 |
(B) Sanctions shall not be imposed under division (A)(13) of | 9460 |
this section against any individual who waives deductibles and | 9461 |
copayments as follows: | 9462 |
(1) In compliance with the health benefit plan that expressly | 9463 |
allows such a practice. Waiver of the deductibles or copayments | 9464 |
shall be made only with the full knowledge and consent of the plan | 9465 |
purchaser, payer, and third-party administrator. Documentation of | 9466 |
the consent shall be made available to the section upon request. | 9467 |
(2) For professional services rendered to any other person | 9468 |
licensed pursuant to sections 4755.04 to 4755.13 of the Revised | 9469 |
Code to the extent allowed by those sections and the rules of the | 9470 |
occupational therapy section. | 9471 |
(C) Except as provided in division (D) of this section, the | 9472 |
suspension or revocation of a license or limited permit under this | 9473 |
section is not effective until either the order for suspension or | 9474 |
revocation has been affirmed following an adjudication hearing, or | 9475 |
the time for requesting a hearing has elapsed. | 9476 |
When a license or limited permit is revoked under this | 9477 |
section, application for reinstatement may not be made sooner than | 9478 |
one year after the date of revocation. The occupational therapy | 9479 |
section may accept or refuse an application for reinstatement and | 9480 |
may require that the applicant pass an examination as a condition | 9481 |
of reinstatement. | 9482 |
When a license or limited permit holder is placed on | 9483 |
probation under this section, the occupational therapy section's | 9484 |
probation order shall be accompanied by a statement of the | 9485 |
conditions under which the individual may be removed from | 9486 |
probation and restored to unrestricted practice. | 9487 |
(D) On receipt of a complaint that a person who holds a | 9488 |
license or limited permit issued by the occupational therapy | 9489 |
section has committed any of the prohibited actions listed in | 9490 |
division (A) of this section, the section may immediately suspend | 9491 |
the license or limited permit prior to holding a hearing in | 9492 |
accordance with Chapter 119. of the Revised Code if it determines, | 9493 |
based on the complaint, that the licensee or limited permit holder | 9494 |
poses an immediate threat to the public. The section shall notify | 9495 |
the licensee or limited permit holder of the suspension in | 9496 |
accordance with section 119.07 of the Revised Code. If the | 9497 |
individual whose license or limited permit is suspended fails to | 9498 |
make a timely request for an adjudication under Chapter 119. of | 9499 |
the Revised Code, the section shall enter a final order | 9500 |
permanently revoking the individual's license or limited permit. | 9501 |
(E) If any person other than a person who holds a license or | 9502 |
limited permit issued under section 4755.08 of the Revised Code | 9503 |
has engaged in any practice that is prohibited under sections | 9504 |
4755.04 to 4755.13 of the Revised Code or the rules of the | 9505 |
occupational therapy section, the section may apply to the court | 9506 |
of common pleas of the county in which the violation occurred, for | 9507 |
an injunction or other appropriate order restraining this conduct, | 9508 |
and the court shall issue this order. | 9509 |
Sec. 4755.47. (A) In accordance with Chapter 119. of the | 9510 |
Revised Code, the physical therapy section of the Ohio | 9511 |
occupational therapy, physical therapy, and athletic trainers | 9512 |
board may refuse to grant a license to an applicant for an initial | 9513 |
or renewed license as a physical therapist or physical therapist | 9514 |
assistant or, by an affirmative vote of not less than five | 9515 |
members, may limit, suspend, or revoke the license of a physical | 9516 |
therapist or physical therapist assistant or reprimand, fine, or | 9517 |
place a license holder on probation, on any of the following | 9518 |
grounds: | 9519 |
(1) Habitual indulgence in the use of controlled substances, | 9520 |
other habit-forming drugs, or alcohol to an extent that affects | 9521 |
the individual's professional competency; | 9522 |
(2) Conviction of a | 9523 |
9524 | |
fitness or ability to perform the duties and responsibilities of a | 9525 |
physical therapist or physical therapist assistant, regardless of | 9526 |
the state or country in which the conviction occurred; | 9527 |
(3) Obtaining or attempting to obtain a license issued by the | 9528 |
physical therapy section by fraud or deception, including the | 9529 |
making of a false, fraudulent, deceptive, or misleading statement; | 9530 |
(4) An adjudication by a court, as provided in section | 9531 |
5122.301 of the Revised Code, that the applicant or licensee is | 9532 |
incompetent for the purpose of holding the license and has not | 9533 |
thereafter been restored to legal capacity for that purpose; | 9534 |
(5) Subject to section 4755.471 of the Revised Code, | 9535 |
violation of the code of ethics adopted by the physical therapy | 9536 |
section; | 9537 |
(6) Violating or attempting to violate, directly or | 9538 |
indirectly, or assisting in or abetting the violation of or | 9539 |
conspiring to violate sections 4755.40 to 4755.56 of the Revised | 9540 |
Code or any order issued or rule adopted under those sections; | 9541 |
(7) Failure of one or both of the examinations required under | 9542 |
section 4755.43 or 4755.431 of the Revised Code; | 9543 |
(8) Permitting the use of one's name or license by a person, | 9544 |
group, or corporation when the one permitting the use is not | 9545 |
directing the treatment given; | 9546 |
(9) Denial, revocation, suspension, or restriction of | 9547 |
authority to practice a health care occupation, including physical | 9548 |
therapy, for any reason other than a failure to renew, in Ohio or | 9549 |
another state or jurisdiction; | 9550 |
(10) Failure to maintain minimal standards of practice in the | 9551 |
administration or handling of drugs, as defined in section 4729.01 | 9552 |
of the Revised Code, or failure to employ acceptable scientific | 9553 |
methods in the selection of drugs, as defined in section 4729.01 | 9554 |
of the Revised Code, or other modalities for treatment; | 9555 |
(11) Willful betrayal of a professional confidence; | 9556 |
(12) Making a false, fraudulent, deceptive, or misleading | 9557 |
statement in the solicitation of or advertising for patients in | 9558 |
relation to the practice of physical therapy; | 9559 |
(13) A departure from, or the failure to conform to, minimal | 9560 |
standards of care required of licensees when under the same or | 9561 |
similar circumstances, whether or not actual injury to a patient | 9562 |
is established; | 9563 |
(14) Obtaining, or attempting to obtain, money or anything of | 9564 |
value by fraudulent misrepresentations in the course of practice; | 9565 |
(15) Violation of the conditions of limitation or agreements | 9566 |
placed by the physical therapy section on a license to practice; | 9567 |
(16) Failure to renew a license in accordance with section | 9568 |
4755.46 of the Revised Code; | 9569 |
(17) Except as provided in section 4755.471 of the Revised | 9570 |
Code, engaging in the division of fees for referral of patients or | 9571 |
receiving anything of value in return for a specific referral of a | 9572 |
patient to utilize a particular service or business; | 9573 |
(18) Inability to practice according to acceptable and | 9574 |
prevailing standards of care because of mental illness or physical | 9575 |
illness, including physical deterioration that adversely affects | 9576 |
cognitive, motor, or perception skills; | 9577 |
(19) The revocation, suspension, restriction, or termination | 9578 |
of clinical privileges by the United States department of defense | 9579 |
or department of veterans affairs; | 9580 |
(20) Termination or suspension from participation in the | 9581 |
medicare or medicaid program established under Title XVIII and | 9582 |
Title XIX, respectively, of the "Social Security Act," 49 Stat. | 9583 |
620 (1935), 42 U.S.C. 301, as amended, for an act or acts that | 9584 |
constitute a violation of sections 4755.40 to 4755.56 of the | 9585 |
Revised Code; | 9586 |
(21) Failure of a physical therapist to maintain supervision | 9587 |
of a student, physical therapist assistant, unlicensed support | 9588 |
personnel, other assistant personnel, or a license applicant in | 9589 |
accordance with the requirements of sections 4755.40 to 4755.56 of | 9590 |
the Revised Code and rules adopted under those sections; | 9591 |
(22) Failure to complete continuing education requirements as | 9592 |
prescribed in section 4755.51 or 4755.511 of the Revised Code or | 9593 |
to satisfy any rules applicable to continuing education | 9594 |
requirements that are adopted by the physical therapy section; | 9595 |
(23) Conviction of a misdemeanor when the act that | 9596 |
constitutes the misdemeanor occurs during the practice of physical | 9597 |
therapy; | 9598 |
(24)(a) Except as provided in division (A)(24)(b) of this | 9599 |
section, failure to cooperate with an investigation conducted by | 9600 |
the physical therapy section, including failure to comply with a | 9601 |
subpoena or orders issued by the section or failure to answer | 9602 |
truthfully a question presented by the section at a deposition or | 9603 |
in written interrogatories. | 9604 |
(b) Failure to cooperate with an investigation does not | 9605 |
constitute grounds for discipline under this section if a court of | 9606 |
competent jurisdiction issues an order that either quashes a | 9607 |
subpoena or permits the individual to withhold the testimony or | 9608 |
evidence at issue. | 9609 |
(25) Regardless of whether the contact or verbal behavior is | 9610 |
consensual, engaging with a patient other than the spouse of the | 9611 |
physical therapist or physical therapist assistant, in any of the | 9612 |
following: | 9613 |
(a) Sexual contact, as defined in section 2907.01 of the | 9614 |
Revised Code; | 9615 |
(b) Verbal behavior that is sexually demeaning to the patient | 9616 |
or may be reasonably interpreted by the patient as sexually | 9617 |
demeaning. | 9618 |
(26) Failure to notify the physical therapy section of a | 9619 |
change in name, business address, or home address within thirty | 9620 |
days after the date of change; | 9621 |
(27) Except as provided in division (B) of this section: | 9622 |
(a) Waiving the payment of all or any part of a deductible or | 9623 |
copayment that a patient, pursuant to a health insurance or health | 9624 |
care policy, contract, or plan that covers physical therapy, would | 9625 |
otherwise be required to pay if the waiver is used as an | 9626 |
enticement to a patient or group of patients to receive health | 9627 |
care services from that provider; | 9628 |
(b) Advertising that the individual will waive the payment of | 9629 |
all or any part of a deductible or copayment that a patient, | 9630 |
pursuant to a health insurance or health care policy, contract, or | 9631 |
plan that covers physical therapy, would otherwise be required to | 9632 |
pay; | 9633 |
(28) Violation of any section of this chapter or rule adopted | 9634 |
under it. | 9635 |
(B) Sanctions shall not be imposed under division (A)(27) of | 9636 |
this section against any individual who waives deductibles and | 9637 |
copayments as follows: | 9638 |
(1) In compliance with the health benefit plan that expressly | 9639 |
allows such a practice. Waiver of the deductibles or copayments | 9640 |
shall be made only with the full knowledge and consent of the plan | 9641 |
purchaser, payer, and third-party administrator. Documentation of | 9642 |
the consent shall be made available to the physical therapy | 9643 |
section upon request. | 9644 |
(2) For professional services rendered to any other person | 9645 |
licensed pursuant to sections 4755.40 to 4755.56 of the Revised | 9646 |
Code to the extent allowed by those sections and the rules of the | 9647 |
physical therapy section. | 9648 |
(C) When a license is revoked under this section, application | 9649 |
for reinstatement may not be made sooner than one year after the | 9650 |
date of revocation. The physical therapy section may accept or | 9651 |
refuse an application for reinstatement and may require that the | 9652 |
applicant pass an examination as a condition for reinstatement. | 9653 |
When a license holder is placed on probation under this | 9654 |
section, the physical therapy section's order for placement on | 9655 |
probation shall be accompanied by a statement of the conditions | 9656 |
under which the individual may be removed from probation and | 9657 |
restored to unrestricted practice. | 9658 |
(D) When an application for an initial or renewed license is | 9659 |
refused under this section, the physical therapy section shall | 9660 |
notify the applicant in writing of the section's decision to | 9661 |
refuse issuance of a license and the reason for its decision. | 9662 |
(E) On receipt of a complaint that a person licensed by the | 9663 |
physical therapy section has committed any of the actions listed | 9664 |
in division (A) of this section, the physical therapy section may | 9665 |
immediately suspend the license of the physical therapist or | 9666 |
physical therapist assistant prior to holding a hearing in | 9667 |
accordance with Chapter 119. of the Revised Code if it determines, | 9668 |
based on the complaint, that the person poses an immediate threat | 9669 |
to the public. The physical therapy section shall notify the | 9670 |
person of the suspension in accordance with section 119.07 of the | 9671 |
Revised Code. If the person fails to make a timely request for an | 9672 |
adjudication under Chapter 119. of the Revised Code, the physical | 9673 |
therapy section shall enter a final order permanently revoking the | 9674 |
person's license. | 9675 |
Sec. 4755.64. (A) In accordance with Chapter 119. of the | 9676 |
Revised Code, the athletic trainers section of the Ohio | 9677 |
occupational therapy, physical therapy, and athletic trainers | 9678 |
board may suspend, revoke, or refuse to issue or renew an athletic | 9679 |
trainers license, or reprimand, fine, or place a licensee on | 9680 |
probation, for any of the following: | 9681 |
(1) Conviction of a | 9682 |
9683 | |
the applicant or licensee to perform the duties and | 9684 |
responsibilities of an athletic trainer, regardless of the state | 9685 |
or country in which the conviction occurred; | 9686 |
(2) Violation of sections 4755.61 to 4755.65 of the Revised | 9687 |
Code or any order issued or rule adopted thereunder; | 9688 |
(3) Obtaining a license through fraud, false or misleading | 9689 |
representation, or concealment of material facts; | 9690 |
(4) Negligence or gross misconduct in the practice of | 9691 |
athletic training; | 9692 |
(5) Violating the standards of ethical conduct in the | 9693 |
practice of athletic training as adopted by the athletic trainers | 9694 |
section under section 4755.61 of the Revised Code; | 9695 |
(6) Using any controlled substance or alcohol to the extent | 9696 |
that the ability to practice athletic training at a level of | 9697 |
competency is impaired; | 9698 |
(7) Practicing in an area of athletic training for which the | 9699 |
individual is untrained, incompetent, or practicing without the | 9700 |
referral of a practitioner licensed under Chapter 4731. of the | 9701 |
Revised Code, a dentist licensed under Chapter 4715. of the | 9702 |
Revised Code, a chiropractor licensed under Chapter 4734. of the | 9703 |
Revised Code, or a physical therapist licensed under this chapter; | 9704 |
(8) Employing, directing, or supervising a person in the | 9705 |
performance of athletic training procedures who is not authorized | 9706 |
to practice as a licensed athletic trainer under this chapter; | 9707 |
(9) Misrepresenting educational attainments or the functions | 9708 |
the individual is authorized to perform for the purpose of | 9709 |
obtaining some benefit related to the individual's athletic | 9710 |
training practice; | 9711 |
(10) Failing the licensing examination; | 9712 |
(11) Aiding or abetting the unlicensed practice of athletic | 9713 |
training; | 9714 |
(12) Denial, revocation, suspension, or restriction of | 9715 |
authority to practice a health care occupation, including athletic | 9716 |
training, for any reason other than a failure to renew, in Ohio or | 9717 |
another state or jurisdiction. | 9718 |
(B) If the athletic trainers section places a licensee on | 9719 |
probation under division (A) of this section, the section's order | 9720 |
for placement on probation shall be accompanied by a written | 9721 |
statement of the conditions under which the person may be removed | 9722 |
from probation and restored to unrestricted practice. | 9723 |
(C) A licensee whose license has been revoked under division | 9724 |
(A) of this section may apply to the athletic trainers section for | 9725 |
reinstatement of the license one year following the date of | 9726 |
revocation. The athletic trainers section may accept or deny the | 9727 |
application for reinstatement and may require that the applicant | 9728 |
pass an examination as a condition for reinstatement. | 9729 |
(D) On receipt of a complaint that a person licensed by the | 9730 |
athletic trainers section has committed any of the prohibited | 9731 |
actions listed in division (A) of this section, the section may | 9732 |
immediately suspend the license of a licensed athletic trainer | 9733 |
prior to holding a hearing in accordance with Chapter 119. of the | 9734 |
Revised Code if it determines, based on the complaint, that the | 9735 |
licensee poses an immediate threat to the public. The section | 9736 |
shall notify the licensed athletic trainer of the suspension in | 9737 |
accordance with section 119.07 of the Revised Code. If the | 9738 |
individual whose license is suspended fails to make a timely | 9739 |
request for an adjudication under Chapter 119. of the Revised | 9740 |
Code, the section shall enter a final order permanently revoking | 9741 |
the individual's license. | 9742 |
Sec. 4757.36. (A) The professional standards committees of | 9743 |
the counselor, social worker, and marriage and family therapist | 9744 |
board, in accordance with Chapter 119. of the Revised Code, may | 9745 |
refuse to issue a license or certificate of registration applied | 9746 |
for under this chapter; refuse to renew a license or certificate | 9747 |
of registration issued under this chapter; suspend, revoke, or | 9748 |
otherwise restrict a license or certificate of registration issued | 9749 |
under this chapter; or reprimand a person holding a license or | 9750 |
certificate of registration issued under this chapter. Such | 9751 |
actions may be taken by the appropriate committee if the applicant | 9752 |
for a license or certificate of registration or the person holding | 9753 |
a license or certificate of registration has: | 9754 |
(1) Committed a violation of any provision of this chapter or | 9755 |
rules adopted under it; | 9756 |
(2) Knowingly made a false statement on an application for | 9757 |
licensure or registration, or for renewal of a license or | 9758 |
certificate of registration; | 9759 |
(3) Accepted a commission or rebate for referring persons to | 9760 |
any professionals licensed, certified, or registered by any court | 9761 |
or board, commission, department, division, or other agency of the | 9762 |
state, including, but not limited to, individuals practicing | 9763 |
counseling, social work, or marriage and family therapy or | 9764 |
practicing in fields related to counseling, social work, or | 9765 |
marriage and family therapy; | 9766 |
(4) Failed to comply with section 4757.12 of the Revised | 9767 |
Code; | 9768 |
(5) Been convicted in this or any
other state of any | 9769 |
9770 | |
related to the person's fitness or ability to perform the duties | 9771 |
and responsibilities of a holder of a license or certificate under | 9772 |
this chapter; | 9773 |
(6) Had the ability to perform properly as a professional | 9774 |
clinical counselor, professional counselor, independent marriage | 9775 |
and family therapist, marriage and family therapist, social work | 9776 |
assistant, social worker, or independent social worker impaired | 9777 |
due to the use of alcohol or other drugs or any other physical or | 9778 |
mental condition; | 9779 |
(7) Been convicted in this state or in any other state of a | 9780 |
misdemeanor committed in the course of practice as a professional | 9781 |
clinical counselor, professional counselor, independent marriage | 9782 |
and family therapist, marriage and family therapist, social work | 9783 |
assistant, social worker, or independent social worker; | 9784 |
(8) Practiced outside the scope of practice applicable to | 9785 |
that person; | 9786 |
(9) Practiced without complying with the supervision | 9787 |
requirements specified under sections 4757.21 and 4757.26, and | 9788 |
division (F) of section 4757.30, of the Revised Code; | 9789 |
(10) Violated the person's code of ethical practice adopted | 9790 |
by rule of the board pursuant to section 4757.11 of the Revised | 9791 |
Code; | 9792 |
(11) Had a license or certificate of registration revoked or | 9793 |
suspended, or voluntarily surrendered a license or certificate of | 9794 |
registration in another state or jurisdiction for an offense that | 9795 |
would be a violation of this chapter. | 9796 |
(B) One year or more after the date of suspension or | 9797 |
revocation of a license or certificate of registration under this | 9798 |
section, application may be made to the appropriate professional | 9799 |
standards committee for reinstatement. The committee may accept or | 9800 |
refuse an application for reinstatement. If a license has been | 9801 |
suspended or revoked, the committee may require an examination for | 9802 |
reinstatement. | 9803 |
Sec. 4758.30. (A) The chemical dependency professionals | 9804 |
board, in accordance with Chapter 119. of the Revised Code, may | 9805 |
refuse to issue a license or certificate applied for under this | 9806 |
chapter; refuse to renew a license or certificate issued under | 9807 |
this chapter; suspend, revoke, or otherwise restrict a license or | 9808 |
certificate issued under this chapter; or reprimand an individual | 9809 |
holding a license or certificate issued under this chapter. These | 9810 |
actions may be taken by the board regarding the applicant for a | 9811 |
license or certificate or the individual holding a license or | 9812 |
certificate for one or more of the following reasons: | 9813 |
(1) Violation of any provision of this chapter or rules | 9814 |
adopted under it; | 9815 |
(2) Knowingly making a false statement on an application for | 9816 |
a license or certificate or for renewal, restoration, or | 9817 |
reinstatement of a license or certificate; | 9818 |
(3) Acceptance of a commission or rebate for referring an | 9819 |
individual to a person who holds a license or certificate issued | 9820 |
by, or who is registered with, an entity of state government, | 9821 |
including persons practicing chemical dependency counseling, | 9822 |
alcohol and other drug prevention services, or fields related to | 9823 |
chemical dependency counseling or alcohol and other drug | 9824 |
prevention services; | 9825 |
(4) Conviction in this or any other state of any | 9826 |
9827 | |
to the person's fitness or ability to perform the duties and | 9828 |
responsibilities of a holder of a license or certificate under | 9829 |
this chapter; | 9830 |
(5) Conviction in this or any other state of a misdemeanor | 9831 |
committed in the course of practice as an independent chemical | 9832 |
dependency counselor, chemical dependency counselor III, chemical | 9833 |
dependency counselor II, chemical dependency counselor I, chemical | 9834 |
dependency counselor assistant, prevention specialist II, | 9835 |
prevention specialist I, or registered applicant; | 9836 |
(6) Inability to practice as an independent chemical | 9837 |
dependency counselor, chemical dependency counselor III, chemical | 9838 |
dependency counselor II, chemical dependency counselor I, chemical | 9839 |
dependency counselor assistant, prevention specialist II, | 9840 |
prevention specialist I, or registered applicant due to abuse of | 9841 |
or dependency on alcohol or other drugs or other physical or | 9842 |
mental condition; | 9843 |
(7) Practicing outside the individual's scope of practice; | 9844 |
(8) Practicing without complying with the supervision | 9845 |
requirements specified under section 4758.56, 4758.59, or 4758.61 | 9846 |
of the Revised Code; | 9847 |
(9) Violation of the code of ethical practice and | 9848 |
professional conduct for chemical dependency counseling or alcohol | 9849 |
and other drug prevention services adopted by the board pursuant | 9850 |
to section 4758.23 of the Revised Code; | 9851 |
(10) Revocation of a license or certificate or voluntary | 9852 |
surrender of a license or certificate in another state or | 9853 |
jurisdiction for an offense that would be a violation of this | 9854 |
chapter. | 9855 |
(B) An individual whose license or certificate has been | 9856 |
suspended or revoked under this section may apply to the board for | 9857 |
reinstatement after an amount of time the board shall determine in | 9858 |
accordance with rules adopted under section 4758.20 of the Revised | 9859 |
Code. The board may accept or refuse an application for | 9860 |
reinstatement. The board may require an examination for | 9861 |
reinstatement of a license or certificate that has been suspended | 9862 |
or revoked. | 9863 |
Sec. 4759.07. (A) The Ohio board of dietetics may, in | 9864 |
accordance with Chapter 119. of the Revised Code, refuse to issue, | 9865 |
review, or renew, or may suspend, revoke, or impose probationary | 9866 |
conditions upon any license or permit to practice dietetics, if | 9867 |
the applicant has: | 9868 |
(1) Violated sections 4759.02 to 4759.10 of the Revised Code | 9869 |
or rules adopted under those sections; | 9870 |
(2) Knowingly made a false statement in | 9871 |
for licensure or license renewal; | 9872 |
(3) Been convicted of any | 9873 |
9874 | |
person's fitness or ability to perform the duties and | 9875 |
responsibilities of a dietitian; | 9876 |
(4) Been impaired in | 9877 |
dietitian due to the use of a controlled substance or alcoholic | 9878 |
beverage; | 9879 |
(5) | 9880 |
9881 |
| 9882 |
practice of dietetics. | 9883 |
(B) One year or more after the date of suspension or | 9884 |
revocation of a license or permit, an application for | 9885 |
reinstatement of the license or permit may be made to the board. | 9886 |
The board shall grant or deny reinstatement with a hearing, at the | 9887 |
request of the applicant, in accordance with Chapter 119. of the | 9888 |
Revised Code and may impose conditions upon the reinstatement, | 9889 |
including the requirement of passing an examination approved by | 9890 |
the board. | 9891 |
Sec. 4760.13. (A) The state medical board, by an affirmative | 9892 |
vote of not fewer than six members, may revoke or may refuse to | 9893 |
grant a certificate of registration as an anesthesiologist | 9894 |
assistant to a person found by the board to have committed fraud, | 9895 |
misrepresentation, or deception in applying for or securing the | 9896 |
certificate. | 9897 |
(B) The board, by an affirmative vote of not fewer than six | 9898 |
members, shall, to the extent permitted by law, limit, revoke, or | 9899 |
suspend an individual's certificate of registration as an | 9900 |
anesthesiologist assistant, refuse to issue a certificate to an | 9901 |
applicant, refuse to reinstate a certificate, or reprimand or | 9902 |
place on probation the holder of a certificate for any of the | 9903 |
following reasons: | 9904 |
(1) Permitting the holder's name or certificate to be used by | 9905 |
another person; | 9906 |
(2) Failure to comply with the requirements of this chapter, | 9907 |
Chapter 4731. of the Revised Code, or any rules adopted by the | 9908 |
board; | 9909 |
(3) Violating or attempting to violate, directly or | 9910 |
indirectly, or assisting in or abetting the violation of, or | 9911 |
conspiring to violate, any provision of this chapter, Chapter | 9912 |
4731. of the Revised Code, or the rules adopted by the board; | 9913 |
(4) A departure from, or failure to conform to, minimal | 9914 |
standards of care of similar practitioners under the same or | 9915 |
similar circumstances whether or not actual injury to the patient | 9916 |
is established; | 9917 |
(5) Inability to practice according to acceptable and | 9918 |
prevailing standards of care by reason of mental illness or | 9919 |
physical illness, including physical deterioration that adversely | 9920 |
affects cognitive, motor, or perceptive skills; | 9921 |
(6) Impairment of ability to practice according to acceptable | 9922 |
and prevailing standards of care because of habitual or excessive | 9923 |
use or abuse of drugs, alcohol, or other substances that impair | 9924 |
ability to practice; | 9925 |
(7) Willfully betraying a professional confidence; | 9926 |
(8) Making a false, fraudulent, deceptive, or misleading | 9927 |
statement in securing or attempting to secure a certificate of | 9928 |
registration to practice as an anesthesiologist assistant. | 9929 |
As used in this division, "false, fraudulent, deceptive, or | 9930 |
misleading statement" means a statement that includes a | 9931 |
misrepresentation of fact, is likely to mislead or deceive because | 9932 |
of a failure to disclose material facts, is intended or is likely | 9933 |
to create false or unjustified expectations of favorable results, | 9934 |
or includes representations or implications that in reasonable | 9935 |
probability will cause an ordinarily prudent person to | 9936 |
misunderstand or be deceived. | 9937 |
(9) The obtaining of, or attempting to obtain, money or a | 9938 |
thing of value by fraudulent misrepresentations in the course of | 9939 |
practice; | 9940 |
(10) A plea of guilty to, a judicial finding of guilt of, or | 9941 |
a judicial finding of eligibility for intervention in lieu of | 9942 |
conviction for | 9943 |
the person's fitness or ability to perform the duties and | 9944 |
responsibilities of an anesthesiologist assistant; | 9945 |
(11) Commission of an act that constitutes | 9946 |
state a criminal offense substantially related to the person's | 9947 |
fitness or ability to perform the duties and responsibilities of | 9948 |
an anesthesiologist assistant, regardless of the jurisdiction in | 9949 |
which the act was committed; | 9950 |
(12) | 9951 |
9952 | |
9953 |
| 9954 |
9955 | |
9956 |
| 9957 |
9958 | |
9959 |
| 9960 |
9961 | |
9962 |
| 9963 |
a judicial finding of eligibility for intervention in lieu of | 9964 |
conviction for violating any state or federal law regulating the | 9965 |
possession, distribution, or use of any drug, including | 9966 |
trafficking in drugs; | 9967 |
| 9968 |
agency responsible for regulating the practice of anesthesiologist | 9969 |
assistants in another jurisdiction, for any reason other than the | 9970 |
nonpayment of fees: the limitation, revocation, or suspension of | 9971 |
an individual's license to practice; acceptance of an individual's | 9972 |
license surrender; denial of a license; refusal to renew or | 9973 |
reinstate a license; imposition of probation; or issuance of an | 9974 |
order of censure or other reprimand; | 9975 |
| 9976 |
certificate of registration; | 9977 |
| 9978 |
precautions established by rules adopted under section 4731.051 of | 9979 |
the Revised Code; | 9980 |
| 9981 |
by the board under section 4760.14 of the Revised Code, including | 9982 |
failure to comply with a subpoena or order issued by the board or | 9983 |
failure to answer truthfully a question presented by the board at | 9984 |
a deposition or in written interrogatories, except that failure to | 9985 |
cooperate with an investigation shall not constitute grounds for | 9986 |
discipline under this section if a court of competent jurisdiction | 9987 |
has issued an order that either quashes a subpoena or permits the | 9988 |
individual to withhold the testimony or evidence in issue; | 9989 |
| 9990 |
established by the national commission for the certification of | 9991 |
anesthesiologist assistants; | 9992 |
| 9993 |
revocation or failure to maintain certification from the national | 9994 |
commission for certification of anesthesiologist assistants. | 9995 |
(C) Disciplinary actions taken by the board under divisions | 9996 |
(A) and (B) of this section shall be taken pursuant to an | 9997 |
adjudication under Chapter 119. of the Revised Code, except that | 9998 |
in lieu of an adjudication, the board may enter into a consent | 9999 |
agreement with an anesthesiologist assistant or applicant to | 10000 |
resolve an allegation of a violation of this chapter or any rule | 10001 |
adopted under it. A consent agreement, when ratified by an | 10002 |
affirmative vote of not fewer than six members of the board, shall | 10003 |
constitute the findings and order of the board with respect to the | 10004 |
matter addressed in the agreement. If the board refuses to ratify | 10005 |
a consent agreement, the admissions and findings contained in the | 10006 |
consent agreement shall be of no force or effect. | 10007 |
(D) For purposes of | 10008 |
10009 | |
by a finding by the board, pursuant to an adjudication under | 10010 |
Chapter 119. of the Revised Code, that the applicant or | 10011 |
certificate holder committed the act in question. The board shall | 10012 |
have no jurisdiction under these divisions in cases where the | 10013 |
trial court renders a final judgment in the certificate holder's | 10014 |
favor and that judgment is based upon an adjudication on the | 10015 |
merits. The board shall have jurisdiction under these divisions in | 10016 |
cases where the trial court issues an order of dismissal on | 10017 |
technical or procedural grounds. | 10018 |
(E) The sealing of conviction records by any court shall have | 10019 |
no effect on a prior board order entered under the provisions of | 10020 |
this section or on the board's jurisdiction to take action under | 10021 |
the provisions of this section if, based upon a plea of guilty, a | 10022 |
judicial finding of guilt, or a judicial finding of eligibility | 10023 |
for intervention in lieu of conviction, the board issued a notice | 10024 |
of opportunity for a hearing prior to the court's order to seal | 10025 |
the records. The board shall not be required to seal, destroy, | 10026 |
redact, or otherwise modify its records to reflect the court's | 10027 |
sealing of conviction records. | 10028 |
(F) For purposes of this division, any individual who holds a | 10029 |
certificate of registration issued under this chapter, or applies | 10030 |
for a certificate of registration, shall be deemed to have given | 10031 |
consent to submit to a mental or physical examination when | 10032 |
directed to do so in writing by the board and to have waived all | 10033 |
objections to the admissibility of testimony or examination | 10034 |
reports that constitute a privileged communication. | 10035 |
(1) In enforcing division (B)(5) of this section, the board, | 10036 |
on a showing of a possible violation, may compel any individual | 10037 |
who holds a certificate of registration issued under this chapter | 10038 |
or who has applied for a certificate of registration pursuant to | 10039 |
this chapter to submit to a mental or physical examination, or | 10040 |
both. A physical examination may include an HIV test. The expense | 10041 |
of the examination is the responsibility of the individual | 10042 |
compelled to be examined. Failure to submit to a mental or | 10043 |
physical examination or consent to an HIV test ordered by the | 10044 |
board constitutes an admission of the allegations against the | 10045 |
individual unless the failure is due to circumstances beyond the | 10046 |
individual's control, and a default and final order may be entered | 10047 |
without the taking of testimony or presentation of evidence. If | 10048 |
the board finds an anesthesiologist assistant unable to practice | 10049 |
because of the reasons set forth in division (B)(5) of this | 10050 |
section, the board shall require the anesthesiologist assistant to | 10051 |
submit to care, counseling, or treatment by physicians approved or | 10052 |
designated by the board, as a condition for an initial, continued, | 10053 |
reinstated, or renewed certificate of registration. An individual | 10054 |
affected by this division shall be afforded an opportunity to | 10055 |
demonstrate to the board the ability to resume practicing in | 10056 |
compliance with acceptable and prevailing standards of care. | 10057 |
(2) For purposes of division (B)(6) of this section, if the | 10058 |
board has reason to believe that any individual who holds a | 10059 |
certificate of registration issued under this chapter or any | 10060 |
applicant for a certificate of registration suffers such | 10061 |
impairment, the board may compel the individual to submit to a | 10062 |
mental or physical examination, or both. The expense of the | 10063 |
examination is the responsibility of the individual compelled to | 10064 |
be examined. Any mental or physical examination required under | 10065 |
this division shall be undertaken by a treatment provider or | 10066 |
physician qualified to conduct such examination and chosen by the | 10067 |
board. | 10068 |
Failure to submit to a mental or physical examination ordered | 10069 |
by the board constitutes an admission of the allegations against | 10070 |
the individual unless the failure is due to circumstances beyond | 10071 |
the individual's control, and a default and final order may be | 10072 |
entered without the taking of testimony or presentation of | 10073 |
evidence. If the board determines that the individual's ability to | 10074 |
practice is impaired, the board shall suspend the individual's | 10075 |
certificate or deny the individual's application and shall require | 10076 |
the individual, as a condition for an initial, continued, | 10077 |
reinstated, or renewed certificate of registration, to submit to | 10078 |
treatment. | 10079 |
Before being eligible to apply for reinstatement of a | 10080 |
certificate suspended under this division, the anesthesiologist | 10081 |
assistant shall demonstrate to the board the ability to resume | 10082 |
practice in compliance with acceptable and prevailing standards of | 10083 |
care. The demonstration shall include the following: | 10084 |
(a) Certification from a treatment provider approved under | 10085 |
section 4731.25 of the Revised Code that the individual has | 10086 |
successfully completed any required inpatient treatment; | 10087 |
(b) Evidence of continuing full compliance with an aftercare | 10088 |
contract or consent agreement; | 10089 |
(c) Two written reports indicating that the individual's | 10090 |
ability to practice has been assessed and that the individual has | 10091 |
been found capable of practicing according to acceptable and | 10092 |
prevailing standards of care. The reports shall be made by | 10093 |
individuals or providers approved by the board for making such | 10094 |
assessments and shall describe the basis for their determination. | 10095 |
The board may reinstate a certificate suspended under this | 10096 |
division after such demonstration and after the individual has | 10097 |
entered into a written consent agreement. | 10098 |
When the impaired anesthesiologist assistant resumes | 10099 |
practice, the board shall require continued monitoring of the | 10100 |
anesthesiologist assistant. The monitoring shall include | 10101 |
monitoring of compliance with the written consent agreement | 10102 |
entered into before reinstatement or with conditions imposed by | 10103 |
board order after a hearing, and, on termination of the consent | 10104 |
agreement, submission to the board for at least two years of | 10105 |
annual written progress reports made under penalty of | 10106 |
falsification stating whether the anesthesiologist assistant has | 10107 |
maintained sobriety. | 10108 |
(G) If the secretary and supervising member determine that | 10109 |
there is clear and convincing evidence that an anesthesiologist | 10110 |
assistant has violated division (B) of this section and that the | 10111 |
individual's continued practice presents a danger of immediate and | 10112 |
serious harm to the public, they may recommend that the board | 10113 |
suspend the individual's certificate or registration without a | 10114 |
prior hearing. Written allegations shall be prepared for | 10115 |
consideration by the board. | 10116 |
The board, on review of the allegations and by an affirmative | 10117 |
vote of not fewer than six of its members, excluding the secretary | 10118 |
and supervising member, may suspend a certificate without a prior | 10119 |
hearing. A telephone conference call may be utilized for reviewing | 10120 |
the allegations and taking the vote on the summary suspension. | 10121 |
The board shall issue a written order of suspension by | 10122 |
certified mail or in person in accordance with section 119.07 of | 10123 |
the Revised Code. The order shall not be subject to suspension by | 10124 |
the court during pendency of any appeal filed under section 119.12 | 10125 |
of the Revised Code. If the anesthesiologist assistant requests an | 10126 |
adjudicatory hearing by the board, the date set for the hearing | 10127 |
shall be within fifteen days, but not earlier than seven days, | 10128 |
after the anesthesiologist assistant requests the hearing, unless | 10129 |
otherwise agreed to by both the board and the certificate holder. | 10130 |
A summary suspension imposed under this division shall remain | 10131 |
in effect, unless reversed on appeal, until a final adjudicative | 10132 |
order issued by the board pursuant to this section and Chapter | 10133 |
119. of the Revised Code becomes effective. The board shall issue | 10134 |
its final adjudicative order within sixty days after completion of | 10135 |
its hearing. Failure to issue the order within sixty days shall | 10136 |
result in dissolution of the summary suspension order, but shall | 10137 |
not invalidate any subsequent, final adjudicative order. | 10138 |
(H) If the board takes
action under
division (B)(11) | 10139 |
10140 | |
plea, or judicial finding of eligibility for intervention in lieu | 10141 |
of conviction is overturned on appeal, on exhaustion of the | 10142 |
criminal appeal, a petition for reconsideration of the order may | 10143 |
be filed with the board along with appropriate court documents. On | 10144 |
receipt of a petition and supporting court documents, the board | 10145 |
shall reinstate the certificate of registration. The board may | 10146 |
then hold an adjudication under Chapter 119. of the Revised Code | 10147 |
to determine whether the individual committed the act in question. | 10148 |
Notice of opportunity for hearing shall be given in accordance | 10149 |
with Chapter 119. of the Revised Code. If the board finds, | 10150 |
pursuant to an adjudication held under this division, that the | 10151 |
individual committed the act, or if no hearing is requested, it | 10152 |
may order any of the sanctions specified in division (B) of this | 10153 |
section. | 10154 |
(I) The certificate of registration of an anesthesiologist | 10155 |
assistant and the assistant's practice in this state are | 10156 |
automatically suspended as of the date the anesthesiologist | 10157 |
assistant pleads guilty to, is found by a judge or jury to be | 10158 |
guilty of, or is subject to a judicial finding of eligibility for | 10159 |
intervention in lieu of conviction in this state or treatment of | 10160 |
intervention in lieu of conviction in another jurisdiction for any | 10161 |
of the following criminal offenses in this state or a | 10162 |
substantially equivalent criminal offense in another jurisdiction: | 10163 |
aggravated murder, murder, voluntary manslaughter, felonious | 10164 |
assault, kidnapping, rape, sexual battery, gross sexual | 10165 |
imposition, aggravated arson, aggravated robbery, or aggravated | 10166 |
burglary. Continued practice after the suspension shall be | 10167 |
considered practicing without a certificate. | 10168 |
The board shall notify the individual subject to the | 10169 |
suspension by certified mail or in person in accordance with | 10170 |
section 119.07 of the Revised Code. If an individual whose | 10171 |
certificate is suspended under this division fails to make a | 10172 |
timely request for an adjudication under Chapter 119. of the | 10173 |
Revised Code, the board shall enter a final order permanently | 10174 |
revoking the individual's certificate of registration. | 10175 |
(J) In any instance in which the board is required by Chapter | 10176 |
119. of the Revised Code to give notice of opportunity for hearing | 10177 |
and the individual subject to the notice does not timely request a | 10178 |
hearing in accordance with section 119.07 of the Revised Code, the | 10179 |
board is not required to hold a hearing, but may adopt, by an | 10180 |
affirmative vote of not fewer than six of its members, a final | 10181 |
order that contains the board's findings. In the final order, the | 10182 |
board may order any of the sanctions identified under division (A) | 10183 |
or (B) of this section. | 10184 |
(K) Any action taken by the board under division (B) of this | 10185 |
section resulting in a suspension shall be accompanied by a | 10186 |
written statement of the conditions under which the | 10187 |
anesthesiologist assistant's certificate may be reinstated. The | 10188 |
board shall adopt rules in accordance with Chapter 119. of the | 10189 |
Revised Code governing conditions to be imposed for reinstatement. | 10190 |
Reinstatement of a certificate suspended pursuant to division (B) | 10191 |
of this section requires an affirmative vote of not fewer than six | 10192 |
members of the board. | 10193 |
(L) When the board refuses to grant a certificate of | 10194 |
registration as an anesthesiologist assistant to an applicant, | 10195 |
revokes an individual's certificate of registration, refuses to | 10196 |
renew a certificate of registration, or refuses to reinstate an | 10197 |
individual's certificate of registration, the board may specify | 10198 |
that its action is permanent. An individual subject to a permanent | 10199 |
action taken by the board is forever thereafter ineligible to hold | 10200 |
a certificate of registration as an anesthesiologist assistant and | 10201 |
the board shall not accept an application for reinstatement of the | 10202 |
certificate or for issuance of a new certificate. | 10203 |
(M) Notwithstanding any other provision of the Revised Code, | 10204 |
all of the following apply: | 10205 |
(1) The surrender of a certificate of registration issued | 10206 |
under this chapter is not effective unless or until accepted by | 10207 |
the board. Reinstatement of a certificate surrendered to the board | 10208 |
requires an affirmative vote of not fewer than six members of the | 10209 |
board. | 10210 |
(2) An application made under this chapter for a certificate | 10211 |
of registration may not be withdrawn without approval of the | 10212 |
board. | 10213 |
(3) Failure by an individual to renew a certificate of | 10214 |
registration in accordance with section 4760.06 of the Revised | 10215 |
Code shall not remove or limit the board's jurisdiction to take | 10216 |
disciplinary action under this section against the individual. | 10217 |
Sec. 4760.15. (A) As used in this section, "prosecutor" has | 10218 |
the same meaning as in section 2935.01 of the Revised Code. | 10219 |
(B) Whenever any person holding a valid certificate issued | 10220 |
pursuant to this chapter pleads guilty to, is subject to a | 10221 |
judicial finding of guilt of, or is subject to a judicial finding | 10222 |
of eligibility for intervention in lieu of conviction for a | 10223 |
violation of Chapter 2907., 2925., or 3719. of the Revised Code or | 10224 |
of any substantively comparable ordinance of a municipal | 10225 |
corporation in connection with the person's practice, the | 10226 |
prosecutor in the case, on forms prescribed and provided by the | 10227 |
state medical board, shall promptly notify the board of the | 10228 |
conviction. Within thirty days of receipt of that information, the | 10229 |
board shall initiate action in accordance with Chapter 119. of the | 10230 |
Revised Code to determine whether to suspend or revoke the | 10231 |
certificate under section 4760.13 of the Revised Code. | 10232 |
(C) The prosecutor in any case against any person holding a | 10233 |
valid certificate of registration issued pursuant to this chapter, | 10234 |
on forms prescribed and provided by the state medical board, shall | 10235 |
notify
the board of | 10236 |
| 10237 |
court of, or a judicial finding of eligibility for intervention in | 10238 |
lieu of conviction
for
a | 10239 |
related to the person's fitness or ability to perform the duties | 10240 |
and responsibilities of an anesthesiologist assistant, or a case | 10241 |
in which the trial court issues an order of dismissal upon | 10242 |
technical or procedural grounds of a
| 10243 |
| 10244 |
10245 | |
10246 | |
10247 | |
10248 | |
10249 | |
10250 |
| 10251 |
10252 | |
10253 | |
10254 | |
10255 | |
10256 |
The report shall include the name and address of the | 10257 |
certificate holder, the nature of the offense for which the action | 10258 |
was taken, and the certified court documents recording the action. | 10259 |
Sec. 4761.09. (A) The Ohio respiratory care board may refuse | 10260 |
to issue or renew a license or a limited permit, may issue a | 10261 |
reprimand, may suspend or permanently revoke a license or limited | 10262 |
permit, or may place a license or limited permit holder on | 10263 |
probation, on any of the following grounds: | 10264 |
(1) A plea of guilty to, a judicial finding of guilt of, or a | 10265 |
judicial finding of eligibility for intervention in lieu of | 10266 |
conviction for
| 10267 |
10268 | |
ability to perform the duties and responsibilities of a | 10269 |
respiratory care professional, in which case a certified copy of | 10270 |
the court record shall be conclusive evidence of the matter; | 10271 |
(2) Violating any provision of this chapter or an order or | 10272 |
rule of the board; | 10273 |
(3) Assisting another person in that person's violation of | 10274 |
any provision of this chapter or an order or rule of the board; | 10275 |
(4) Obtaining a license or limited permit by means of fraud, | 10276 |
false or misleading representation, or concealment of material | 10277 |
facts or making any other material misrepresentation to the board; | 10278 |
(5) Being guilty of negligence or gross misconduct in the | 10279 |
practice of respiratory care; | 10280 |
(6) Violating the standards of ethical conduct adopted by the | 10281 |
board, in the practice of respiratory care; | 10282 |
(7) Engaging in dishonorable, unethical, or unprofessional | 10283 |
conduct of a character likely to deceive, defraud, or harm the | 10284 |
public; | 10285 |
(8) Using any dangerous drug, as defined in section 4729.01 | 10286 |
of the Revised Code, or alcohol to the extent that the use impairs | 10287 |
the ability to practice respiratory care at an acceptable level of | 10288 |
competency; | 10289 |
(9) Practicing respiratory care while mentally incompetent; | 10290 |
(10) Accepting commissions, rebates, or other forms of | 10291 |
remuneration for patient referrals; | 10292 |
(11) Practicing in an area of respiratory care for which the | 10293 |
person is clearly untrained or incompetent or practicing in a | 10294 |
manner that conflicts with section 4761.17 of the Revised Code; | 10295 |
(12) Employing, directing, or supervising a person who is not | 10296 |
authorized to practice respiratory care under this chapter in the | 10297 |
performance of respiratory care procedures; | 10298 |
(13) Misrepresenting educational attainments or authorized | 10299 |
functions for the purpose of obtaining some benefit related to the | 10300 |
practice of respiratory care; | 10301 |
(14) Assisting suicide as defined in section 3795.01 of the | 10302 |
Revised Code. | 10303 |
Before the board may take any action under this section, | 10304 |
other than issuance of a summary suspension order under division | 10305 |
(C) of this section, the executive director of the board shall | 10306 |
prepare and file written charges with the board. Disciplinary | 10307 |
actions taken by the board under this section shall be taken | 10308 |
pursuant to an adjudication under Chapter 119. of the Revised | 10309 |
Code, except that in lieu of an adjudication, the board may enter | 10310 |
into a consent agreement to resolve an allegation of a violation | 10311 |
of this chapter or any rule adopted under it. A consent agreement, | 10312 |
when ratified by the board, shall constitute the findings and | 10313 |
order of the board with respect to the matter addressed in the | 10314 |
agreement. If the board refuses to ratify a consent agreement, the | 10315 |
admissions and findings contained in the consent agreement shall | 10316 |
be of no effect. | 10317 |
(B) If the board orders a license or limited permit holder | 10318 |
placed on probation, the order shall be accompanied by a written | 10319 |
statement of the conditions under which the person may be restored | 10320 |
to practice. | 10321 |
The person may reapply to the board for original issuance of | 10322 |
a license after one year following the date the license was | 10323 |
denied. | 10324 |
A person may apply to the board for the reinstatement of a | 10325 |
license or limited permit after one year following the date of | 10326 |
suspension or refusal to renew. The board may accept or refuse the | 10327 |
application for reinstatement and may require that the applicant | 10328 |
pass a reexamination as a condition of eligibility for | 10329 |
reinstatement. | 10330 |
(C) If the president and secretary of the board determine | 10331 |
that there is clear and convincing evidence that a license or | 10332 |
limited permit holder has committed an act that is grounds for | 10333 |
board action under division (A) of this section and that continued | 10334 |
practice by the license or permit holder presents a danger of | 10335 |
immediate and serious harm to the public, the president and | 10336 |
secretary may recommend that the board suspend the license or | 10337 |
limited permit without a prior hearing. The president and | 10338 |
secretary shall submit in writing to the board the allegations | 10339 |
causing them to recommend the suspension. | 10340 |
On review of the allegations, the board, by a vote of not | 10341 |
less than seven of its members, may suspend a license or limited | 10342 |
permit without a prior hearing. The board may review the | 10343 |
allegations and vote on the suspension by a telephone conference | 10344 |
call. | 10345 |
If the board votes to suspend a license or limited permit | 10346 |
under this division, the board shall issue a written order of | 10347 |
summary suspension to the license or limited permit holder in | 10348 |
accordance with section 119.07 of the Revised Code. If the license | 10349 |
or limited permit holder requests a hearing by the board, the | 10350 |
board shall conduct the hearing in accordance with Chapter 119. of | 10351 |
the Revised Code. Notwithstanding section 119.12 of the Revised | 10352 |
Code, a court of common pleas shall not grant a suspension of the | 10353 |
board's order of summary suspension pending determination of an | 10354 |
appeal filed under that section. | 10355 |
Any order of summary suspension issued under this division | 10356 |
shall remain in effect until a final adjudication order issued by | 10357 |
the board pursuant to division (A) of this section becomes | 10358 |
effective. The board shall issue its final adjudication order | 10359 |
regarding an order of summary suspension issued under this | 10360 |
division not later than sixty days after completion of its | 10361 |
hearing. Failure to issue the order within sixty days shall result | 10362 |
in immediate dissolution of the suspension order, but shall not | 10363 |
invalidate any subsequent, final adjudication order. | 10364 |
Sec. 4762.13. (A) The state medical board, by an affirmative | 10365 |
vote of not fewer than six members, may revoke or may refuse to | 10366 |
grant a certificate of registration as an acupuncturist to a | 10367 |
person found by the board to have committed fraud, | 10368 |
misrepresentation, or deception in applying for or securing the | 10369 |
certificate. | 10370 |
(B) The board, by an affirmative vote of not fewer than six | 10371 |
members, shall, to the extent permitted by law, limit, revoke, or | 10372 |
suspend an individual's certificate of registration as an | 10373 |
acupuncturist, refuse to issue a certificate to an applicant, | 10374 |
refuse to reinstate a certificate, or reprimand or place on | 10375 |
probation the holder of a certificate for any of the following | 10376 |
reasons: | 10377 |
(1) Permitting the holder's name or certificate to be used by | 10378 |
another person; | 10379 |
(2) Failure to comply with the requirements of this chapter, | 10380 |
Chapter 4731. of the Revised Code, or any rules adopted by the | 10381 |
board; | 10382 |
(3) Violating or attempting to violate, directly or | 10383 |
indirectly, or assisting in or abetting the violation of, or | 10384 |
conspiring to violate, any provision of this chapter, Chapter | 10385 |
4731. of the Revised Code, or the rules adopted by the board; | 10386 |
(4) A departure from, or failure to conform to, minimal | 10387 |
standards of care of similar practitioners under the same or | 10388 |
similar circumstances whether or not actual injury to the patient | 10389 |
is established; | 10390 |
(5) Inability to practice according to acceptable and | 10391 |
prevailing standards of care by reason of mental illness or | 10392 |
physical illness, including physical deterioration that adversely | 10393 |
affects cognitive, motor, or perceptive skills; | 10394 |
(6) Impairment of ability to practice according to acceptable | 10395 |
and prevailing standards of care because of habitual or excessive | 10396 |
use or abuse of drugs, alcohol, or other substances that impair | 10397 |
ability to practice; | 10398 |
(7) Willfully betraying a professional confidence; | 10399 |
(8) Making a false, fraudulent, deceptive, or misleading | 10400 |
statement in soliciting or advertising for patients or in securing | 10401 |
or attempting to secure a certificate of registration to practice | 10402 |
as an acupuncturist. | 10403 |
As used in this division, "false, fraudulent, deceptive, or | 10404 |
misleading statement" means a statement that includes a | 10405 |
misrepresentation of fact, is likely to mislead or deceive because | 10406 |
of a failure to disclose material facts, is intended or is likely | 10407 |
to create false or unjustified expectations of favorable results, | 10408 |
or includes representations or implications that in reasonable | 10409 |
probability will cause an ordinarily prudent person to | 10410 |
misunderstand or be deceived. | 10411 |
(9) Representing, with the purpose of obtaining compensation | 10412 |
or other advantage personally or for any other person, that an | 10413 |
incurable disease or injury, or other incurable condition, can be | 10414 |
permanently cured; | 10415 |
(10) The obtaining of, or attempting to obtain, money or a | 10416 |
thing of value by fraudulent misrepresentations in the course of | 10417 |
practice; | 10418 |
(11) A plea of guilty to, a judicial finding of guilt of, or | 10419 |
a judicial finding of eligibility for intervention in lieu of | 10420 |
conviction for | 10421 |
the person's fitness or ability to perform the duties and | 10422 |
responsibilities of an acupuncturist; | 10423 |
(12) Commission of an act that constitutes | 10424 |
state a criminal offense substantially related to the person's | 10425 |
fitness or ability to perform the duties and responsibilities of | 10426 |
an acupuncturist, regardless of the jurisdiction in which the act | 10427 |
was committed; | 10428 |
(13) | 10429 |
10430 | |
10431 |
| 10432 |
10433 | |
10434 |
| 10435 |
10436 | |
10437 |
| 10438 |
10439 | |
10440 |
| 10441 |
10442 | |
10443 | |
10444 | |
10445 |
| 10446 |
responsible for regulating the practice of acupuncture in another | 10447 |
jurisdiction, for any reason other than the nonpayment of fees: | 10448 |
the limitation, revocation, or suspension of an individual's | 10449 |
license to practice; acceptance of an individual's license | 10450 |
surrender; denial of a license; refusal to renew or reinstate a | 10451 |
license; imposition of probation; or issuance of an order of | 10452 |
censure or other reprimand; | 10453 |
| 10454 |
certificate of registration; | 10455 |
| 10456 |
precautions established by rules adopted under section 4731.051 of | 10457 |
the Revised Code; | 10458 |
| 10459 |
by the board under section 4762.14 of the Revised Code, including | 10460 |
failure to comply with a subpoena or order issued by the board or | 10461 |
failure to answer truthfully a question presented by the board at | 10462 |
a deposition or in written interrogatories, except that failure to | 10463 |
cooperate with an investigation shall not constitute grounds for | 10464 |
discipline under this section if a court of competent jurisdiction | 10465 |
has issued an order that either quashes a subpoena or permits the | 10466 |
individual to withhold the testimony or evidence in issue; | 10467 |
| 10468 |
certification commission for acupuncture and oriental medicine | 10469 |
regarding professional ethics, commitment to patients, commitment | 10470 |
to the profession, and commitment to the public. | 10471 |
(C) Disciplinary actions taken by the board under divisions | 10472 |
(A) and (B) of this section shall be taken pursuant to an | 10473 |
adjudication under Chapter 119. of the Revised Code, except that | 10474 |
in lieu of an adjudication, the board may enter into a consent | 10475 |
agreement with an acupuncturist or applicant to resolve an | 10476 |
allegation of a violation of this chapter or any rule adopted | 10477 |
under it. A consent agreement, when ratified by an affirmative | 10478 |
vote of not fewer than six members of the board, shall constitute | 10479 |
the findings and order of the board with respect to the matter | 10480 |
addressed in the agreement. If the board refuses to ratify a | 10481 |
consent agreement, the admissions and findings contained in the | 10482 |
consent agreement shall be of no force or effect. | 10483 |
(D) For purposes of | 10484 |
10485 | |
by a finding by the board, pursuant to an adjudication under | 10486 |
Chapter 119. of the Revised Code, that the applicant or | 10487 |
certificate holder committed the act in question. The board shall | 10488 |
have no jurisdiction under these divisions in cases where the | 10489 |
trial court renders a final judgment in the certificate holder's | 10490 |
favor and that judgment is based upon an adjudication on the | 10491 |
merits. The board shall have jurisdiction under these divisions in | 10492 |
cases where the trial court issues an order of dismissal upon | 10493 |
technical or procedural grounds. | 10494 |
(E) The sealing of conviction records by any court shall have | 10495 |
no effect upon a prior board order entered under the provisions of | 10496 |
this section or upon the board's jurisdiction to take action under | 10497 |
the provisions of this section if, based upon a plea of guilty, a | 10498 |
judicial finding of guilt, or a judicial finding of eligibility | 10499 |
for intervention in lieu of conviction, the board issued a notice | 10500 |
of opportunity for a hearing prior to the court's order to seal | 10501 |
the records. The board shall not be required to seal, destroy, | 10502 |
redact, or otherwise modify its records to reflect the court's | 10503 |
sealing of conviction records. | 10504 |
(F) For purposes of this division, any individual who holds a | 10505 |
certificate of registration issued under this chapter, or applies | 10506 |
for a certificate of registration, shall be deemed to have given | 10507 |
consent to submit to a mental or physical examination when | 10508 |
directed to do so in writing by the board and to have waived all | 10509 |
objections to the admissibility of testimony or examination | 10510 |
reports that constitute a privileged communication. | 10511 |
(1) In enforcing division (B)(5) of this section, the board, | 10512 |
upon a showing of a possible violation, may compel any individual | 10513 |
who holds a certificate of registration issued under this chapter | 10514 |
or who has applied for a certificate of registration pursuant to | 10515 |
this chapter to submit to a mental examination, physical | 10516 |
examination, including an HIV test, or both a mental and physical | 10517 |
examination. The expense of the examination is the responsibility | 10518 |
of the individual compelled to be examined. Failure to submit to a | 10519 |
mental or physical examination or consent to an HIV test ordered | 10520 |
by the board constitutes an admission of the allegations against | 10521 |
the individual unless the failure is due to circumstances beyond | 10522 |
the individual's control, and a default and final order may be | 10523 |
entered without the taking of testimony or presentation of | 10524 |
evidence. If the board finds an acupuncturist unable to practice | 10525 |
because of the reasons set forth in division (B)(5) of this | 10526 |
section, the board shall require the acupuncturist to submit to | 10527 |
care, counseling, or treatment by physicians approved or | 10528 |
designated by the board, as a condition for an initial, continued, | 10529 |
reinstated, or renewed certificate of registration. An individual | 10530 |
affected by this division shall be afforded an opportunity to | 10531 |
demonstrate to the board the ability to resume practicing in | 10532 |
compliance with acceptable and prevailing standards of care. | 10533 |
(2) For purposes of division (B)(6) of this section, if the | 10534 |
board has reason to believe that any individual who holds a | 10535 |
certificate of registration issued under this chapter or any | 10536 |
applicant for a certificate of registration suffers such | 10537 |
impairment, the board may compel the individual to submit to a | 10538 |
mental or physical examination, or both. The expense of the | 10539 |
examination is the responsibility of the individual compelled to | 10540 |
be examined. Any mental or physical examination required under | 10541 |
this division shall be undertaken by a treatment provider or | 10542 |
physician qualified to conduct such examination and chosen by the | 10543 |
board. | 10544 |
Failure to submit to a mental or physical examination ordered | 10545 |
by the board constitutes an admission of the allegations against | 10546 |
the individual unless the failure is due to circumstances beyond | 10547 |
the individual's control, and a default and final order may be | 10548 |
entered without the taking of testimony or presentation of | 10549 |
evidence. If the board determines that the individual's ability to | 10550 |
practice is impaired, the board shall suspend the individual's | 10551 |
certificate or deny the individual's application and shall require | 10552 |
the individual, as a condition for an initial, continued, | 10553 |
reinstated, or renewed certificate of registration, to submit to | 10554 |
treatment. | 10555 |
Before being eligible to apply for reinstatement of a | 10556 |
certificate suspended under this division, the acupuncturist shall | 10557 |
demonstrate to the board the ability to resume practice in | 10558 |
compliance with acceptable and prevailing standards of care. The | 10559 |
demonstration shall include the following: | 10560 |
(a) Certification from a treatment provider approved under | 10561 |
section 4731.25 of the Revised Code that the individual has | 10562 |
successfully completed any required inpatient treatment; | 10563 |
(b) Evidence of continuing full compliance with an aftercare | 10564 |
contract or consent agreement; | 10565 |
(c) Two written reports indicating that the individual's | 10566 |
ability to practice has been assessed and that the individual has | 10567 |
been found capable of practicing according to acceptable and | 10568 |
prevailing standards of care. The reports shall be made by | 10569 |
individuals or providers approved by the board for making such | 10570 |
assessments and shall describe the basis for their determination. | 10571 |
The board may reinstate a certificate suspended under this | 10572 |
division after such demonstration and after the individual has | 10573 |
entered into a written consent agreement. | 10574 |
When the impaired acupuncturist resumes practice, the board | 10575 |
shall require continued monitoring of the acupuncturist. The | 10576 |
monitoring shall include monitoring of compliance with the written | 10577 |
consent agreement entered into before reinstatement or with | 10578 |
conditions imposed by board order after a hearing, and, upon | 10579 |
termination of the consent agreement, submission to the board for | 10580 |
at least two years of annual written progress reports made under | 10581 |
penalty of falsification stating whether the acupuncturist has | 10582 |
maintained sobriety. | 10583 |
(G) If the secretary and supervising member determine that | 10584 |
there is clear and convincing evidence that an acupuncturist has | 10585 |
violated division (B) of this section and that the individual's | 10586 |
continued practice presents a danger of immediate and serious harm | 10587 |
to the public, they may recommend that the board suspend the | 10588 |
individual's certificate of registration without a prior hearing. | 10589 |
Written allegations shall be prepared for consideration by the | 10590 |
board. | 10591 |
The board, upon review of the allegations and by an | 10592 |
affirmative vote of not fewer than six of its members, excluding | 10593 |
the secretary and supervising member, may suspend a certificate | 10594 |
without a prior hearing. A telephone conference call may be | 10595 |
utilized for reviewing the allegations and taking the vote on the | 10596 |
summary suspension. | 10597 |
The board shall issue a written order of suspension by | 10598 |
certified mail or in person in accordance with section 119.07 of | 10599 |
the Revised Code. The order shall not be subject to suspension by | 10600 |
the court during pendency of any appeal filed under section 119.12 | 10601 |
of the Revised Code. If the acupuncturist requests an adjudicatory | 10602 |
hearing by the board, the date set for the hearing shall be within | 10603 |
fifteen days, but not earlier than seven days, after the | 10604 |
acupuncturist requests the hearing, unless otherwise agreed to by | 10605 |
both the board and the certificate holder. | 10606 |
A summary suspension imposed under this division shall remain | 10607 |
in effect, unless reversed on appeal, until a final adjudicative | 10608 |
order issued by the board pursuant to this section and Chapter | 10609 |
119. of the Revised Code becomes effective. The board shall issue | 10610 |
its final adjudicative order within sixty days after completion of | 10611 |
its hearing. Failure to issue the order within sixty days shall | 10612 |
result in dissolution of the summary suspension order, but shall | 10613 |
not invalidate any subsequent, final adjudicative order. | 10614 |
(H) If the board takes
action under
division (B)(11) | 10615 |
10616 | |
plea, or judicial finding of eligibility for intervention in lieu | 10617 |
of conviction is overturned on appeal, upon exhaustion of the | 10618 |
criminal appeal, a petition for reconsideration of the order may | 10619 |
be filed with the board along with appropriate court documents. | 10620 |
Upon receipt of a petition and supporting court documents, the | 10621 |
board shall reinstate the certificate of registration. The board | 10622 |
may then hold an adjudication under Chapter 119. of the Revised | 10623 |
Code to determine whether the individual committed the act in | 10624 |
question. Notice of opportunity for hearing shall be given in | 10625 |
accordance with Chapter 119. of the Revised Code. If the board | 10626 |
finds, pursuant to an adjudication held under this division, that | 10627 |
the individual committed the act, or if no hearing is requested, | 10628 |
it may order any of the sanctions specified in division (B) of | 10629 |
this section. | 10630 |
(I) The certificate of registration of an acupuncturist and | 10631 |
the acupuncturist's practice in this state are automatically | 10632 |
suspended as of the date the acupuncturist pleads guilty to, is | 10633 |
found by a judge or jury to be guilty of, or is subject to a | 10634 |
judicial finding of eligibility for intervention in lieu of | 10635 |
conviction in this state or treatment or intervention in lieu of | 10636 |
conviction in another jurisdiction for any of the following | 10637 |
criminal offenses in this state or a substantially equivalent | 10638 |
criminal offense in another jurisdiction: aggravated murder, | 10639 |
murder, voluntary manslaughter, felonious assault, kidnapping, | 10640 |
rape, sexual battery, gross sexual imposition, aggravated arson, | 10641 |
aggravated robbery, or aggravated burglary. Continued practice | 10642 |
after the suspension shall be considered practicing without a | 10643 |
certificate. | 10644 |
The board shall notify the individual subject to the | 10645 |
suspension by certified mail or in person in accordance with | 10646 |
section 119.07 of the Revised Code. If an individual whose | 10647 |
certificate is suspended under this division fails to make a | 10648 |
timely request for an adjudication under Chapter 119. of the | 10649 |
Revised Code, the board shall enter a final order permanently | 10650 |
revoking the individual's certificate of registration. | 10651 |
(J) In any instance in which the board is required by Chapter | 10652 |
119. of the Revised Code to give notice of opportunity for hearing | 10653 |
and the individual subject to the notice does not timely request a | 10654 |
hearing in accordance with section 119.07 of the Revised Code, the | 10655 |
board is not required to hold a hearing, but may adopt, by an | 10656 |
affirmative vote of not fewer than six of its members, a final | 10657 |
order that contains the board's findings. In the final order, the | 10658 |
board may order any of the sanctions identified under division (A) | 10659 |
or (B) of this section. | 10660 |
(K) Any action taken by the board under division (B) of this | 10661 |
section resulting in a suspension shall be accompanied by a | 10662 |
written statement of the conditions under which the | 10663 |
acupuncturist's certificate may be reinstated. The board shall | 10664 |
adopt rules in accordance with Chapter 119. of the Revised Code | 10665 |
governing conditions to be imposed for reinstatement. | 10666 |
Reinstatement of a certificate suspended pursuant to division (B) | 10667 |
of this section requires an affirmative vote of not fewer than six | 10668 |
members of the board. | 10669 |
(L) When the board refuses to grant a certificate of | 10670 |
registration as an acupuncturist to an applicant, revokes an | 10671 |
individual's certificate of registration, refuses to renew a | 10672 |
certificate of registration, or refuses to reinstate an | 10673 |
individual's certificate of registration, the board may specify | 10674 |
that its action is permanent. An individual subject to a permanent | 10675 |
action taken by the board is forever thereafter ineligible to hold | 10676 |
a certificate of registration as an acupuncturist and the board | 10677 |
shall not accept an application for reinstatement of the | 10678 |
certificate or for issuance of a new certificate. | 10679 |
(M) Notwithstanding any other provision of the Revised Code, | 10680 |
all of the following apply: | 10681 |
(1) The surrender of a certificate of registration as an | 10682 |
acupuncturist issued under this chapter is not effective unless or | 10683 |
until accepted by the board. Reinstatement of a certificate | 10684 |
surrendered to the board requires an affirmative vote of not fewer | 10685 |
than six members of the board. | 10686 |
(2) An application made under this chapter for a certificate | 10687 |
of registration may not be withdrawn without approval of the | 10688 |
board. | 10689 |
(3) Failure by an individual to renew a certificate of | 10690 |
registration in accordance with section 4762.06 of the Revised | 10691 |
Code shall not remove or limit the board's jurisdiction to take | 10692 |
disciplinary action under this section against the individual. | 10693 |
Sec. 4762.15. (A) As used in this section, "prosecutor" has | 10694 |
the same meaning as in section 2935.01 of the Revised Code. | 10695 |
(B) Whenever any person holding a valid certificate issued | 10696 |
pursuant to this chapter pleads guilty to, is subject to a | 10697 |
judicial finding of guilt of, or is subject to a judicial finding | 10698 |
of eligibility for intervention in lieu of conviction for a | 10699 |
violation of Chapter 2907., 2925., or 3719. of the Revised Code or | 10700 |
of any substantively comparable ordinance of a municipal | 10701 |
corporation in connection with the person's practice, the | 10702 |
prosecutor in the case, on forms prescribed and provided by the | 10703 |
state medical board, shall promptly notify the board of the | 10704 |
conviction. Within thirty days of receipt of that information, the | 10705 |
board shall initiate action in accordance with Chapter 119. of the | 10706 |
Revised Code to determine whether to suspend or revoke the | 10707 |
certificate under section 4762.13 of the Revised Code. | 10708 |
(C) The prosecutor in any case against any person holding a | 10709 |
valid certificate issued pursuant to this chapter, on forms | 10710 |
prescribed and provided by the state medical board, shall notify | 10711 |
the board of any | 10712 |
| 10713 |
court of, or judicial finding of eligibility for intervention in | 10714 |
lieu of conviction
for
a | 10715 |
related to the person's fitness or ability to perform the duties | 10716 |
and responsibilities of an acupuncturist or a case in which the | 10717 |
trial court issues an order of dismissal upon technical or | 10718 |
procedural grounds of a
| 10719 |
| 10720 |
10721 | |
10722 | |
10723 | |
10724 | |
10725 | |
10726 |
| 10727 |
10728 | |
10729 | |
10730 | |
10731 | |
10732 | |
related to the person's fitness or ability to perform the duties | 10733 |
and responsibilities of an acupuncturist. | 10734 |
The report shall include the name and address of the | 10735 |
certificate holder, the nature of the offense for which the action | 10736 |
was taken, and the certified court documents recording the action. | 10737 |
Sec. 4763.11. (A) Within five business days after a person | 10738 |
files a signed written complaint against a person certified, | 10739 |
registered, or licensed under this chapter with the division of | 10740 |
real estate, the superintendent of real estate shall acknowledge | 10741 |
receipt of the complaint or request and send a notice to the | 10742 |
certificate holder, registrant, or licensee describing the acts of | 10743 |
which there is a complaint. The acknowledgement to the complainant | 10744 |
and the notice to the certificate holder, registrant, or licensee | 10745 |
shall state that an informal meeting will be held with the | 10746 |
complainant, the certificate holder, registrant, or licensee, and | 10747 |
an investigator from the investigation and audit section of the | 10748 |
division, if the complainant and certificate holder, registrant, | 10749 |
or licensee both file a request for such a meeting within ten | 10750 |
business days thereafter on a form the superintendent provides. | 10751 |
(B) If the complainant and certificate holder, registrant, or | 10752 |
licensee both file with the division requests for an informal | 10753 |
meeting, the superintendent shall notify the complainant and | 10754 |
certificate holder, registrant, or licensee of the date of the | 10755 |
meeting, which shall be within twenty business days thereafter, | 10756 |
except that the complainant, certificate holder, registrant, or | 10757 |
licensee may request an extension of up to fifteen business days | 10758 |
for good cause shown. If the complainant and certificate holder, | 10759 |
registrant, or licensee reach an accommodation at an informal | 10760 |
meeting, the investigator shall so report to the superintendent | 10761 |
and to the complainant and certificate holder, registrant, or | 10762 |
licensee and the complaint file shall be closed, unless, based | 10763 |
upon the investigator's report, the superintendent finds evidence | 10764 |
that the certificate holder, registrant, or licensee has violated | 10765 |
division (G) of this section. | 10766 |
(C) If the complainant and certificate holder, registrant, or | 10767 |
licensee fail to agree to an informal meeting or fail to reach an | 10768 |
accommodation, or if the superintendent finds evidence of a | 10769 |
violation of division (G) of this section pursuant to an | 10770 |
investigation conducted pursuant to division (B)(9) of section | 10771 |
4763.03 of the Revised Code, the superintendent shall, within five | 10772 |
business days of such determination, notify the complainant and | 10773 |
certificate holder, registrant, or licensee and investigate the | 10774 |
conduct of the certificate holder, registrant, or licensee against | 10775 |
whom the complaint is filed. | 10776 |
(D) Within sixty business days after receipt of the | 10777 |
complaint, or, if an informal meeting is held, within sixty days | 10778 |
after such meeting, the investigator shall file a written report | 10779 |
of the results of the investigation with the superintendent. | 10780 |
Within ten business days thereafter, the superintendent shall | 10781 |
review the report and determine whether there exists reasonable | 10782 |
and substantial evidence of a violation of division (G) of this | 10783 |
section by the certificate holder, registrant, or licensee. If the | 10784 |
superintendent finds such evidence exists, within five business | 10785 |
days of that determination, the superintendent shall notify the | 10786 |
complainant and certificate holder, registrant, or licensee of the | 10787 |
determination. The certificate holder, registrant, or licensee may | 10788 |
request a hearing pursuant to Chapter 119. of the Revised Code. If | 10789 |
the superintendent finds that such evidence does not exist, within | 10790 |
five business days thereafter, the superintendent shall notify the | 10791 |
complainant and certificate holder, registrant, or licensee of | 10792 |
that determination and the basis for the determination. Within | 10793 |
fifteen business days after the superintendent notifies the | 10794 |
complainant and certificate holder, registrant, or licensee that | 10795 |
such evidence does not exist, the complainant may file with the | 10796 |
division a request that the real estate appraiser board review the | 10797 |
determination. If the complainant files such request, the board | 10798 |
shall review the determination at the next regularly scheduled | 10799 |
meeting held at least fifteen business days after the request is | 10800 |
filed but no longer than six months after the request is filed. | 10801 |
The board may hear the testimony of the complainant, certificate | 10802 |
holder, registrant, or licensee at the meeting upon the request of | 10803 |
that party. If the board affirms the determination of the | 10804 |
superintendent, the superintendent shall notify the complainant | 10805 |
and the certificate holder, registrant, or licensee within five | 10806 |
business days thereafter. If the board reverses the determination | 10807 |
of the superintendent, a hearing shall be held and the complainant | 10808 |
and certificate holder, registrant, or licensee notified as | 10809 |
provided in this division. | 10810 |
(E) The board shall review the referee's or examiner's report | 10811 |
and the evidence at the next regularly scheduled board meeting | 10812 |
held at least fifteen business days after receipt of the referee's | 10813 |
or examiner's report. The board may hear the testimony of the | 10814 |
complainant, certificate holder, registrant, or licensee upon | 10815 |
request. If the complainant is the Ohio civil rights commission, | 10816 |
the board shall review the complaint | 10817 |
(F) If the board determines that a licensee, registrant, or | 10818 |
certificate holder has violated this chapter for which | 10819 |
disciplinary action may be taken under division (G) of this | 10820 |
section, after review of the referee's or examiner's report and | 10821 |
the evidence as provided in division (E) of this section, the | 10822 |
board shall order the disciplinary action the board considers | 10823 |
appropriate, which may include, but is not limited to, any of the | 10824 |
following: | 10825 |
(1) Reprimand of the certificate holder, registrant, or | 10826 |
licensee; | 10827 |
(2) Suspension of the certificate, registration, or license | 10828 |
for a specific period of time; | 10829 |
(3) Suspension of the certificate, registration, or license | 10830 |
until the certificate holder, registrant, or licensee complies | 10831 |
with conditions the board sets, including but not limited to, | 10832 |
successful completion of the real estate appraiser examination | 10833 |
described in division (D) of section 4763.05 of the Revised Code | 10834 |
or completion of a specific number of hours of continuing | 10835 |
education instruction in courses or seminars approved by the | 10836 |
board; | 10837 |
(4) Revocation of the certificate, registration, or license. | 10838 |
The decision and order of the board is final, subject to | 10839 |
review in the manner provided for in Chapter 119. of the Revised | 10840 |
Code and appeal to any court of common pleas. | 10841 |
(G) The board shall take any disciplinary action authorized | 10842 |
by this section against a certificate holder, registrant, or | 10843 |
licensee who is found to have committed any of the following acts, | 10844 |
omissions, or violations during the appraiser's certification, | 10845 |
registration, or licensure: | 10846 |
(1) Procuring or attempting to procure a certificate, | 10847 |
registration, or license pursuant to this chapter by knowingly | 10848 |
making a false statement, submitting false information, refusing | 10849 |
to provide complete information in response to a question in an | 10850 |
application for certification, registration, or licensure, or by | 10851 |
any means of fraud or misrepresentation; | 10852 |
(2) Paying, or attempting to pay, anything of value, other | 10853 |
than the fees or assessments required by this chapter, to any | 10854 |
member or employee of the board for the purpose of procuring a | 10855 |
certificate, registration, or license; | 10856 |
(3) Being convicted in a criminal proceeding for a | 10857 |
10858 | |
related to the person's fitness or ability to perform the duties | 10859 |
and responsibilities of a person certified, registered, or | 10860 |
licensed under this chapter; | 10861 |
(4) Dishonesty, fraud, or misrepresentation, with the intent | 10862 |
to either benefit the certificate holder, registrant, or licensee | 10863 |
or another person or injure another person; | 10864 |
(5) Violation of any of the standards for the development or | 10865 |
communication of real estate appraisals set forth in this chapter | 10866 |
and rules of the board; | 10867 |
(6) Failure or refusal to exercise reasonable diligence in | 10868 |
developing an appraisal, preparing an appraisal report, or | 10869 |
communicating an appraisal; | 10870 |
(7) Negligence or incompetence in developing an appraisal, in | 10871 |
preparing an appraisal report, or in communicating an appraisal; | 10872 |
(8) Willfully disregarding or violating this chapter or the | 10873 |
rules adopted thereunder; | 10874 |
(9) Accepting an appraisal assignment where the employment is | 10875 |
contingent upon the appraiser preparing or reporting a | 10876 |
predetermined estimate, analysis, or opinion, or where the fee to | 10877 |
be paid for the appraisal is contingent upon the opinion, | 10878 |
conclusion, or valuation attained or upon the consequences | 10879 |
resulting from the appraisal assignment; | 10880 |
(10) Violating the confidential nature of governmental | 10881 |
records to which the certificate holder, registrant, or licensee | 10882 |
gained access through employment or engagement as an appraiser by | 10883 |
a governmental agency; | 10884 |
(11) Entry of final judgment against the certificate holder, | 10885 |
registrant, or licensee on the grounds of fraud, deceit, | 10886 |
misrepresentation, or gross negligence in the making of any | 10887 |
appraisal of real estate; | 10888 |
(12) Violating any federal or state civil rights law; | 10889 |
(13) Having published advertising, whether printed, radio, | 10890 |
display, or of any other nature, which was misleading or | 10891 |
inaccurate in any material particular, or in any way having | 10892 |
misrepresented any appraisal or specialized service; | 10893 |
(14) Failing to maintain records for five years as required | 10894 |
by section 4763.14 of the Revised Code. | 10895 |
(H) The board immediately shall notify the superintendent of | 10896 |
real estate of any disciplinary action taken under this section | 10897 |
against a certificate holder, registrant, or licensee who also is | 10898 |
licensed under Chapter 4735. of the Revised Code, and also shall | 10899 |
notify any other federal, state, or local agency and any other | 10900 |
public or private association that the board determines is | 10901 |
responsible for licensing or otherwise regulating the professional | 10902 |
or business activity of the appraiser. Additionally, the board | 10903 |
shall notify the complainant and any other party who may have | 10904 |
suffered financial loss because of the certificate holder's, | 10905 |
registrant's, or licensee's violations, that the complainant or | 10906 |
other party may sue for recovery under section 4763.16 of the | 10907 |
Revised Code. The notice provided under this division shall | 10908 |
specify the conduct for which the certificate holder, registrant, | 10909 |
or licensee was disciplined and the disciplinary action taken by | 10910 |
the board and the result of that conduct. | 10911 |
(I) A certificate holder, registrant, or licensee shall | 10912 |
notify the board of the existence of a criminal conviction of the | 10913 |
type described in division (G)(3) of this section within fifteen | 10914 |
days of the conviction. | 10915 |
(J) If the board determines that a certificate holder, | 10916 |
registrant, or licensee has violated this chapter for which | 10917 |
disciplinary action may be taken under division (G) of this | 10918 |
section as a result of an investigation conducted by the | 10919 |
superintendent upon the superintendent's own motion or upon the | 10920 |
request of the board, the superintendent shall notify the | 10921 |
certificate holder, registrant, or licensee of the certificate | 10922 |
holder's, registrant's, or licensee's right to a hearing pursuant | 10923 |
to Chapter 119. of the Revised Code and to an appeal of a final | 10924 |
determination of such administrative proceedings to any court of | 10925 |
common pleas. | 10926 |
Sec. 4765.18. The state board of emergency medical services | 10927 |
may suspend or revoke a certificate of accreditation or a | 10928 |
certificate of approval issued under section 4765.17 of the | 10929 |
Revised Code for any of the following reasons: | 10930 |
(A) Violation of this chapter or any rule adopted under it; | 10931 |
(B) Furnishing of false, misleading, or incomplete | 10932 |
information to the board; | 10933 |
(C) The signing of an application or the holding of a | 10934 |
certificate of accreditation by a person who has pleaded guilty to | 10935 |
or has been convicted of a | 10936 |
10937 | |
offense substantially related to the person's fitness or ability | 10938 |
to perform the duties and responsibilities of an operator of an | 10939 |
emergency medical services training program or emergency medical | 10940 |
services continuing education program; | 10941 |
(D) The signing of an application or the holding of a | 10942 |
certificate of accreditation by a person who is addicted to the | 10943 |
use of any controlled substance or has been adjudicated | 10944 |
incompetent for that purpose by a court, as provided in section | 10945 |
5122.301 of the Revised Code; | 10946 |
(E) Violation of any commitment made in an application for a | 10947 |
certificate of accreditation or certificate of approval; | 10948 |
(F) Presentation to prospective students of misleading, | 10949 |
false, or fraudulent information relating to the emergency medical | 10950 |
services training program or emergency medical services continuing | 10951 |
education program, employment opportunities, or opportunities for | 10952 |
enrollment in accredited institutions of higher education after | 10953 |
entering or completing courses offered by the operator of a | 10954 |
program; | 10955 |
(G) Failure to maintain in a safe and sanitary condition | 10956 |
premises and equipment used in conducting courses of study; | 10957 |
(H) Failure to maintain financial resources adequate for the | 10958 |
satisfactory conduct of courses of study or to retain a sufficient | 10959 |
number of certified instructors; | 10960 |
(I) Discrimination in the acceptance of students upon the | 10961 |
basis of race, color, religion, sex, or national origin. | 10962 |
Sec. 4765.301. (A) An appointing authority may request the | 10963 |
superintendent of BCII to conduct a criminal records check with | 10964 |
respect to any person who is under consideration for appointment | 10965 |
or employment as an emergency medical technician-basic, an | 10966 |
emergency medical technician-intermediate, or an emergency medical | 10967 |
technician-paramedic. | 10968 |
(B)(1) The appointing authority may request that the | 10969 |
superintendent of BCII obtain information from the federal bureau | 10970 |
of investigation as a part of the criminal records check requested | 10971 |
pursuant to division (A) of this section. | 10972 |
(2) An appointing authority authorized by division (A) of | 10973 |
this section to request a criminal records check shall provide to | 10974 |
each person for whom the appointing authority intends to request a | 10975 |
criminal records check a copy of the form prescribed pursuant to | 10976 |
division (C)(1) of section 109.578 of the Revised Code and a | 10977 |
standard impression sheet to obtain fingerprint impressions | 10978 |
prescribed pursuant to division (C)(2) of section 109.578 of the | 10979 |
Revised Code, obtain the completed form and impression sheet from | 10980 |
the person, and forward the completed form and impression sheet to | 10981 |
the superintendent of BCII at the time the criminal records check | 10982 |
is requested. | 10983 |
(3) Any person subject to a criminal records check who | 10984 |
receives a copy of the form and a copy of the impression sheet | 10985 |
pursuant to division (B)(2) of this section and who is requested | 10986 |
to complete the form and provide a set of fingerprint impressions | 10987 |
shall complete the form or provide all the information necessary | 10988 |
to complete the form and shall provide the impression sheet with | 10989 |
the impressions of the person's fingerprints. If a person fails to | 10990 |
provide the information necessary to complete the form or fails to | 10991 |
provide impressions of the person's fingerprints, the appointing | 10992 |
authority shall not appoint or employ the person as an emergency | 10993 |
medical technician-basic, an emergency medical | 10994 |
technician-intermediate, or an emergency medical | 10995 |
technician-paramedic. | 10996 |
(C)(1) Except as otherwise provided in division (C)(2) of | 10997 |
this section, an appointing authority shall not appoint or employ | 10998 |
a person as an emergency medical technician-basic, an emergency | 10999 |
medical technician-intermediate, or an emergency medical | 11000 |
technician-paramedic if the appointing authority has requested a | 11001 |
criminal records check pursuant to division (A) of this section | 11002 |
and the criminal records check indicates that the person | 11003 |
previously has been convicted of or pleaded guilty to any of the | 11004 |
following: | 11005 |
(a) A | 11006 |
person's fitness or ability to perform the duties and | 11007 |
responsibilities of an EMT-basic, EMT-I, or paramedic; | 11008 |
(b) A violation of section 2909.03 of the Revised Code; | 11009 |
(c) A violation of an existing or former law of this state, | 11010 |
any other state, or the United States that is substantially | 11011 |
equivalent to any of the offenses described in division (C)(1)(a) | 11012 |
or (b) of this section. | 11013 |
(2) Notwithstanding division (C)(1) of this section, an | 11014 |
appointing authority may appoint or employ a person as an | 11015 |
emergency medical technician-basic, an emergency medical | 11016 |
technician-intermediate, or an emergency medical | 11017 |
technician-paramedic if all of the following apply: | 11018 |
(a) The appointing authority has requested a criminal records | 11019 |
check pursuant to division (A) of this section. | 11020 |
(b) The criminal records check indicates that the person | 11021 |
previously has been convicted of or pleaded guilty to any of the | 11022 |
offenses described in division (C)(1) of this section. | 11023 |
(c) The person meets rehabilitation standards established in | 11024 |
rules adopted under division (E) of this section. | 11025 |
(3) If an appointing authority requests a criminal records | 11026 |
check pursuant to division (A) of this section, the appointing | 11027 |
authority may appoint or employ a person as an emergency medical | 11028 |
technician-basic, an emergency medical technician-intermediate, or | 11029 |
an emergency medical technician-paramedic conditionally until the | 11030 |
criminal records check is completed and the appointing authority | 11031 |
receives the results. If the results of the criminal records check | 11032 |
indicate that, pursuant to division (C)(1) of this section, the | 11033 |
person subject to the criminal records check is disqualified from | 11034 |
appointment or employment, the appointing authority shall release | 11035 |
the person from appointment or employment. | 11036 |
(D) The appointing authority shall pay to the bureau of | 11037 |
criminal identification and investigation the fee prescribed | 11038 |
pursuant to division (C)(3) of section 109.578 of the Revised Code | 11039 |
for each criminal records check conducted in accordance with that | 11040 |
section. The appointing authority may charge the applicant who is | 11041 |
subject to the criminal records check a fee for the costs the | 11042 |
appointing authority incurs in obtaining the criminal records | 11043 |
check. A fee charged under this division shall not exceed the | 11044 |
amount of fees the appointing authority pays for the criminal | 11045 |
records check. If a fee is charged under this division, the | 11046 |
appointing authority shall notify the applicant at the time of the | 11047 |
applicant's initial application for appointment or employment of | 11048 |
the amount of the fee and that, unless the fee is paid, the | 11049 |
applicant will not be considered for appointment or employment. | 11050 |
(E) The appointing authority shall adopt rules in accordance | 11051 |
with Chapter 119. of the Revised Code to implement this section. | 11052 |
The rules shall include rehabilitation standards a person who has | 11053 |
been convicted of or pleaded guilty to an offense listed in | 11054 |
division (C)(1) of this section must meet for the appointing | 11055 |
authority to appoint or employ the person as an emergency medical | 11056 |
technician-basic, an emergency medical technician-intermediate, or | 11057 |
an emergency medical technician-paramedic. | 11058 |
(F) An appointing authority that intends to request a | 11059 |
criminal records check for an applicant shall inform each | 11060 |
applicant, at the time of the person's initial application for | 11061 |
appointment or employment, that the applicant is required to | 11062 |
provide a set of impressions of the person's fingerprints and that | 11063 |
the appointing authority requires a criminal records check to be | 11064 |
conducted and satisfactorily completed in accordance with section | 11065 |
109.578 of the Revised Code. | 11066 |
(G) As used in this section: | 11067 |
(1) "Appointing authority" means any person or body that has | 11068 |
the authority to hire, appoint, or employ emergency medical | 11069 |
technicians-basic, emergency medical technicians-intermediate, or | 11070 |
emergency medical technicians-paramedic. | 11071 |
(2) "Criminal records check" has the same meaning as in | 11072 |
section 109.578 of the Revised Code. | 11073 |
(3) "Superintendent of BCII" has the same meaning as in | 11074 |
section 2151.86 of the Revised Code. | 11075 |
Sec. 4771.18. (A) The Ohio athletic commission may refuse to | 11076 |
grant or renew a registration, or may suspend or revoke a | 11077 |
registration of an athlete agent upon proof satisfactory to the | 11078 |
commission that the athlete agent or an employee or representative | 11079 |
of the athlete agent has done any of the following: | 11080 |
(1) Made false or misleading statements of a material nature | 11081 |
in an application for registration as an athlete agent; | 11082 |
(2) Been convicted of or pleaded guilty to | 11083 |
offense | 11084 |
related to the person's fitness or ability to perform the duties | 11085 |
and responsibilities of an athlete agent in this or another state; | 11086 |
(3) Been convicted of or pleaded guilty to an offense | 11087 |
involving illegal gambling; | 11088 |
(4) Engaged in conduct that has a significant adverse impact | 11089 |
on the applicant's credibility, integrity, or competence to serve | 11090 |
in a fiduciary capacity; | 11091 |
(5) Misappropriated funds or engaged in other specific | 11092 |
conduct that would render the applicant unfit to serve in a | 11093 |
fiduciary capacity, including being convicted of or pleading | 11094 |
guilty to offenses involving embezzlement, theft, or fraud; | 11095 |
(6) Violated a provision of this chapter or a rule adopted | 11096 |
under this chapter. | 11097 |
(B) Upon receiving a complaint of a violation of this chapter | 11098 |
or a rule adopted under it, the commission shall conduct an | 11099 |
investigation of the complaint. If the commission finds reasonable | 11100 |
cause to believe a violation occurred, the commission shall | 11101 |
conduct a hearing in accordance with Chapter 119. of the Revised | 11102 |
Code to determine if a violation occurred. If the commission finds | 11103 |
a violation occurred, the commission may suspend or revoke, or | 11104 |
refuse to issue or renew, the registration of an athlete agent for | 11105 |
such period of time as the commission finds appropriate. | 11106 |
Upon completion of an investigation, if the commission finds | 11107 |
no reasonable grounds to believe a violation occurred, the | 11108 |
commission shall certify without a hearing that no violation | 11109 |
occurred. The commission shall serve the certification on all | 11110 |
parties addressed in the complaint by certified mail, return | 11111 |
receipt requested. The certification shall be considered a final | 11112 |
resolution of the matter if no objection to the certification is | 11113 |
filed. A party involved in the complaint may file an objection to | 11114 |
the certification with the commission within ten days after the | 11115 |
date the certification is mailed. If a party files an objection to | 11116 |
the certification within the prescribed period, the commission, | 11117 |
within its discretion, may conduct a hearing in accordance with | 11118 |
Chapter 119. of the Revised Code to determine if a violation | 11119 |
occurred. | 11120 |
Sec. 4779.28. (A) The board may, pursuant to an adjudication | 11121 |
under Chapter 119. of the Revised Code and by a vote of not fewer | 11122 |
than four of its members, limit, revoke, or suspend a license | 11123 |
issued under this chapter, refuse to issue a license to an | 11124 |
applicant, or reprimand or place on probation a license holder for | 11125 |
any of the following reasons: | 11126 |
(1) Conviction of, or a plea of guilty to, a | 11127 |
11128 | |
related to the person's fitness or ability to perform the duties | 11129 |
and responsibilities of a license holder under this chapter; | 11130 |
(2) Any violation of this chapter; | 11131 |
(3) Committing fraud, misrepresentation, or deception in | 11132 |
applying for or securing a license issued under this chapter; | 11133 |
(4) Habitual use of drugs or intoxicants to the extent that | 11134 |
it renders the person unfit to practice; | 11135 |
(5) Violation of any rule adopted by the board under section | 11136 |
4779.08 of the Revised Code; | 11137 |
(6) A departure from, or failure to conform to, minimal | 11138 |
standards of care of similar orthotists, prosthetists, | 11139 |
orthotists-prosthetists, or pedorthists under the same or similar | 11140 |
circumstances, regardless of whether actual injury to a patient is | 11141 |
established; | 11142 |
(7) Obtaining or attempting to obtain money or anything of | 11143 |
value by fraudulent misrepresentation in the course of practice; | 11144 |
(8) Publishing a false, fraudulent, deceptive, or misleading | 11145 |
statement; | 11146 |
(9) Waiving the payment of all or part of a deductible or | 11147 |
copayment that a patient, pursuant to a health insurance or health | 11148 |
care policy, contract, or plan, would otherwise be required to | 11149 |
pay, if the waiver is used as an enticement to a patient or group | 11150 |
of patients to receive health care services from a person who | 11151 |
holds a license issued under this chapter; | 11152 |
(10) Advertising that a person who holds a license issued | 11153 |
under this chapter will waive the payment of all or part of a | 11154 |
deductible or copayment that a patient, pursuant to a health | 11155 |
insurance or health care policy, contract, or plan, that covers | 11156 |
the person's services, would otherwise be required to pay. | 11157 |
(B) For the purpose of investigating whether a person is | 11158 |
engaging or has engaged in conduct described in division (A) of | 11159 |
this section, the board may administer oaths, order the taking of | 11160 |
depositions, issue subpoenas, examine witnesses, and compel the | 11161 |
attendance of witnesses and production of books, accounts, papers, | 11162 |
records, documents, and testimony. | 11163 |
Sec. 4781.09. (A) The manufactured homes commission may deny, | 11164 |
suspend, revoke, or refuse to renew the license of any | 11165 |
manufactured home installer for any of the following reasons: | 11166 |
(1) Failure to satisfy the requirements of section 4781.08 or | 11167 |
4781.10 of the Revised Code; | 11168 |
(2) Violation of this chapter or any rule adopted pursuant to | 11169 |
it; | 11170 |
(3) Making a material misstatement in an application for a | 11171 |
license; | 11172 |
(4) Installing manufactured housing without a license or | 11173 |
without being under the supervision of a licensed manufactured | 11174 |
housing installer; | 11175 |
(5) Failure to appear for a hearing before the commission or | 11176 |
to comply with any final adjudication order of the commission | 11177 |
issued pursuant to this chapter; | 11178 |
(6) Conviction of a | 11179 |
11180 | |
fitness or ability to perform the duties and responsibilities of a | 11181 |
manufactured home installer; | 11182 |
(7) Having had a license revoked, suspended, or denied by the | 11183 |
commission during the preceding two years; | 11184 |
(8) Having had a license revoked, suspended, or denied by | 11185 |
another state or jurisdiction during the preceding two years; | 11186 |
(9) Engaging in conduct in another state or jurisdiction that | 11187 |
would violate this chapter if committed in this state. | 11188 |
(10) Failing to provide written notification of an | 11189 |
installation pursuant to division (D) of section 4781.11 of the | 11190 |
Revised Code to a county treasurer or county auditor. | 11191 |
(B)(1) Any person whose license or license application is | 11192 |
revoked, suspended, denied, or not renewed or upon whom a civil | 11193 |
penalty is imposed pursuant to division (C) of this section may | 11194 |
request an adjudication hearing on the matter within thirty days | 11195 |
after receipt of the notice of the action. The hearing shall be | 11196 |
held in accordance with Chapter 119. of the Revised Code. | 11197 |
(2) Any licensee or applicant may appeal an order made | 11198 |
pursuant to an adjudication hearing in the manner provided in | 11199 |
section 119.12 of the Revised Code. | 11200 |
(C) As an alternative to suspending, revoking, or refusing to | 11201 |
renew a manufactured housing | 11202 |
commission may impose a civil penalty of not less than one hundred | 11203 |
dollars or more than five hundred dollars per violation of this | 11204 |
chapter or any rule adopted pursuant to it. The commission shall | 11205 |
deposit penalties in the occupational licensing and regulatory | 11206 |
fund pursuant to section 4743.05 of the Revised Code. | 11207 |
(D) A person whose license is suspended, revoked, or not | 11208 |
renewed may apply for a new license two years after the date on | 11209 |
which the license was suspended, revoked, or not renewed. | 11210 |
Sec. 5120.07. (A) There is hereby created the ex-offender | 11211 |
reentry coalition consisting of the following fifteen members or | 11212 |
their designees: | 11213 |
(1) The director of rehabilitation and correction; | 11214 |
(2) The director of aging; | 11215 |
(3) The director of alcohol and drug addiction services; | 11216 |
(4) The director of development; | 11217 |
(5) The superintendent of public instruction; | 11218 |
(6) The director of health; | 11219 |
(7) The director of job and family services; | 11220 |
(8) The director of mental health; | 11221 |
(9) The director of mental retardation and developmental | 11222 |
disabilities; | 11223 |
(10) The director of public safety; | 11224 |
(11) The director of youth services; | 11225 |
(12) The chancellor of the Ohio board of regents; | 11226 |
(13) The director of the governor's office of external | 11227 |
affairs and economic opportunity; | 11228 |
(14) The director of the governor's office of faith-based and | 11229 |
community initiatives; | 11230 |
(15) The director of the rehabilitation services commission. | 11231 |
(B) The members of the coalition shall serve without | 11232 |
compensation. The director of rehabilitation and correction or the | 11233 |
director's designee shall be the chairperson of the coalition. | 11234 |
(C) In consultation with persons interested and involved in | 11235 |
the reentry of ex-offenders into the community, including but not | 11236 |
limited to, service providers, community-based organizations, and | 11237 |
local governments, the coalition shall identify and examine social | 11238 |
service barriers and other obstacles to the reentry of | 11239 |
ex-offenders into the community. Not later than one year after the | 11240 |
effective date of this act and on or before the same date of each | 11241 |
year thereafter, the coalition shall submit to the speaker of the | 11242 |
house of representatives and the president of the senate a report, | 11243 |
including recommendations for legislative action, on the | 11244 |
activities of the coalition and the barriers affecting the | 11245 |
successful reentry of ex-offenders into the community. The report | 11246 |
shall analyze the effects of those barriers on ex-offenders and on | 11247 |
their children and other family members in various areas, | 11248 |
including but not limited to, the following: | 11249 |
(1) Admission to public and other housing; | 11250 |
(2) Child support obligations and procedures; | 11251 |
(3) Parental incarceration and family reunification; | 11252 |
(4) Social security benefits, veterans' benefits, food | 11253 |
stamps, and other forms of public assistance; | 11254 |
(5) Employment; | 11255 |
(6) Education programs and financial assistance; | 11256 |
(7) Substance abuse, mental health, and sex offender | 11257 |
treatment programs and financial assistance; | 11258 |
(8) Civic and political participation; | 11259 |
(9) Other collateral consequences under the Revised Code or | 11260 |
the Ohio administrative code law that may result from a criminal | 11261 |
conviction. | 11262 |
Sec. 5120.52. The department of rehabilitation and | 11263 |
correction may enter into a contract with any person or with a | 11264 |
political subdivision in which a state correctional institution is | 11265 |
located under which | 11266 |
sewage treatment services for the person or political subdivision | 11267 |
if the institution has a water or sewage treatment facility with | 11268 |
sufficient excess capacity to provide the services. | 11269 |
Any such contract shall include all of the following: | 11270 |
(A) Limitations on the quantity of sewage that the facility | 11271 |
will accept or the quantity of potable water that the facility | 11272 |
will provide that are compatible with the needs of the state | 11273 |
correctional institution; | 11274 |
(B) The bases for calculating reasonable rates to be charged | 11275 |
the person or political subdivision for potable water or for | 11276 |
sewage treatment services and for adjusting the rates; | 11277 |
(C) All other provisions the department considers necessary | 11278 |
or proper to protect the interests of the state in the facility | 11279 |
and the purpose for which it was constructed. | 11280 |
All amounts due the department under the contract shall be | 11281 |
paid to the department by the person or political subdivision at | 11282 |
the times specified in the contract. The department shall deposit | 11283 |
all such amounts in the state treasury to the credit of the | 11284 |
correctional institution water and sewage treatment facility | 11285 |
services fund, which is hereby created. The fund shall be used by | 11286 |
the department to pay costs associated with operating and | 11287 |
maintaining the water or sewage treatment facility. | 11288 |
Sec. 5120.53. (A) If a treaty between the United States and | 11289 |
a foreign country provides for the transfer or exchange, from one | 11290 |
of the signatory countries to the other signatory country, of | 11291 |
convicted offenders who are citizens or nationals of the other | 11292 |
signatory country, the governor, subject to and in accordance with | 11293 |
the terms of the treaty, may authorize the director of | 11294 |
rehabilitation and correction to allow the transfer or exchange of | 11295 |
convicted offenders and to take any action necessary to initiate | 11296 |
participation in the treaty. If the governor grants the director | 11297 |
the authority described in this division, the director may take | 11298 |
the necessary action to initiate participation in the treaty and, | 11299 |
subject to and in accordance with division (B) of this section and | 11300 |
the terms of the treaty, may allow the transfer or exchange to a | 11301 |
foreign country that has signed the treaty of any convicted | 11302 |
offender who is a citizen or national of that signatory country. | 11303 |
(B)(1) No convicted offender who | 11304 |
11305 | |
11306 | |
11307 | |
11308 | |
11309 | |
11310 | |
11311 | |
11312 | |
11313 | |
11314 | |
11315 | |
death in this state shall be transferred or exchanged to another | 11316 |
country pursuant to a treaty of the type described in division (A) | 11317 |
of this section. | 11318 |
(2) If a convicted offender is serving a term of imprisonment | 11319 |
in this state and the offender is a citizen or national of a | 11320 |
foreign country that has signed a treaty of the type described in | 11321 |
division (A) of this section, if the governor has granted the | 11322 |
director of rehabilitation and correction the authority described | 11323 |
in that division, and if the transfer or exchange of the offender | 11324 |
is not barred by division (B)(1) of this section, the director or | 11325 |
the director's designee may approve the offender for transfer or | 11326 |
exchange pursuant to the treaty if the director or the designee, | 11327 |
after consideration of the factors set forth in the rules adopted | 11328 |
by the department under division (D) of this section and all other | 11329 |
relevant factors, determines that the transfer or exchange of the | 11330 |
offender is appropriate. | 11331 |
(C) Notwithstanding any provision of the Revised Code | 11332 |
regarding the parole eligibility of, or the duration or | 11333 |
calculation of a sentence of imprisonment imposed upon, an | 11334 |
offender, if a convicted offender is serving a term of | 11335 |
imprisonment in this state and the offender is a citizen or | 11336 |
national of a foreign country that has signed a treaty of the type | 11337 |
described in division (A) of this section, if the offender is | 11338 |
serving an indefinite term of imprisonment, if the offender is | 11339 |
barred from being transferred or exchanged pursuant to the treaty | 11340 |
due to the indefinite nature of the offender's term of | 11341 |
imprisonment, and if in accordance with division (B)(2) of this | 11342 |
section the director of rehabilitation and correction or the | 11343 |
director's designee approves the offender for transfer or exchange | 11344 |
pursuant to the treaty, the parole board, pursuant to rules | 11345 |
adopted by the director, shall set a date certain for the release | 11346 |
of the offender. To the extent possible, the date certain that is | 11347 |
set shall be reasonably proportionate to the indefinite term of | 11348 |
imprisonment that the offender is serving. The date certain that | 11349 |
is set for the release of the offender shall be considered only | 11350 |
for purposes of facilitating the international transfer or | 11351 |
exchange of the offender, shall not be viable or actionable for | 11352 |
any other purpose, and shall not create any expectation or | 11353 |
guarantee of release. If an offender for whom a date certain for | 11354 |
release is set under this division is not transferred to or | 11355 |
exchanged with the foreign country pursuant to the treaty, the | 11356 |
date certain is null and void, and the offender's release shall be | 11357 |
determined pursuant to the laws and rules of this state pertaining | 11358 |
to parole eligibility and the duration and calculation of an | 11359 |
indefinite sentence of imprisonment. | 11360 |
(D) If the governor, pursuant to division (A) of this | 11361 |
section, authorizes the director of rehabilitation and correction | 11362 |
to allow any transfer or exchange of convicted offenders as | 11363 |
described in that division, the director shall adopt rules under | 11364 |
Chapter 119. of the Revised Code to implement the provisions of | 11365 |
this section. The rules shall include a rule that requires the | 11366 |
director or the director's designee, in determining whether to | 11367 |
approve a convicted offender who is serving a term of imprisonment | 11368 |
in this state for transfer or exchange pursuant to a treaty of the | 11369 |
type described in division (A) of this section, to consider all of | 11370 |
the following factors: | 11371 |
(1) The nature of the offense for which the offender is | 11372 |
serving the term of imprisonment in this state; | 11373 |
(2) The likelihood that, if the offender is transferred or | 11374 |
exchanged to a foreign country pursuant to the treaty, the | 11375 |
offender will serve a shorter period of time in imprisonment in | 11376 |
the foreign country than the offender would serve if the offender | 11377 |
is not transferred or exchanged to the foreign country pursuant to | 11378 |
the treaty; | 11379 |
(3) The likelihood that, if the offender is transferred or | 11380 |
exchanged to a foreign country pursuant to the treaty, the | 11381 |
offender will return or attempt to return to this state after the | 11382 |
offender has been released from imprisonment in the foreign | 11383 |
country; | 11384 |
(4) The degree of any shock to the conscience of justice and | 11385 |
society that will be experienced in this state if the offender is | 11386 |
transferred or exchanged to a foreign country pursuant to the | 11387 |
treaty; | 11388 |
(5) All other factors that the department determines are | 11389 |
relevant to the determination. | 11390 |
Sec. 5120.59. Before a prisoner is released from a state | 11391 |
correctional institution, the department of rehabilitation and | 11392 |
correction shall attempt to verify the prisoner's identification | 11393 |
and social security number. If the department is not able to | 11394 |
verify the prisoner's identification and social security number, | 11395 |
and if the prisoner has no other documentary evidence required by | 11396 |
the registrar of motor vehicles for the issuance of an | 11397 |
identification card under section 4507.50 of the Revised Code, the | 11398 |
department shall issue to the prisoner upon the prisoner's release | 11399 |
an identification card that the prisoner may present to the | 11400 |
registrar or a deputy registrar of motor vehicles to obtain an | 11401 |
identification card under section 4507.50 of the Revised Code. The | 11402 |
director of rehabilitation and correction may adopt rules for the | 11403 |
implementation of this section. | 11404 |
Sec. 5120.63. (A) As used in this section: | 11405 |
(1) "Random drug testing" means a procedure in which blood or | 11406 |
urine specimens are collected from individuals chosen by | 11407 |
automatic, random selection and without prearrangement or | 11408 |
planning, for the purpose of scientifically analyzing the | 11409 |
specimens to determine whether the individual ingested or was | 11410 |
injected with a drug of abuse. | 11411 |
(2) "State correctional institution" has the same meaning as | 11412 |
in section 2967.01 of the Revised Code. | 11413 |
(3) "Stated prison term" has the same meaning as in section | 11414 |
2929.01 of the Revised Code. | 11415 |
(B) The department of rehabilitation and correction shall | 11416 |
establish and administer a statewide random drug testing program | 11417 |
in which all persons who were convicted of or pleaded guilty to a | 11418 |
felony offense and are serving a stated prison term in a state | 11419 |
correctional institution shall submit to random drug testing. The | 11420 |
department may enter into contracts with laboratories or entities | 11421 |
in the state that are accredited by the national institute on drug | 11422 |
abuse to perform blood or urine specimen collection, | 11423 |
documentation, maintenance, transportation, preservation, storage, | 11424 |
and analyses and other duties required under this section in the | 11425 |
performance of random drug testing of prisoners in those | 11426 |
correctional institutions. The terms of any contract entered into | 11427 |
under this division shall include a requirement that the | 11428 |
laboratory or entity and its employees, the superintendents, | 11429 |
managing officers, and employees of state correctional | 11430 |
institutions, all employees of the department, and all other | 11431 |
persons comply with the standards for the performance of random | 11432 |
drug testing as specified in the policies and procedures | 11433 |
established by the department under division (D) of this section. | 11434 |
If no laboratory or entity has entered into a contract as | 11435 |
specified in this division, the department shall cause a prisoner | 11436 |
to submit to random drug testing performed by a reputable public | 11437 |
laboratory to determine whether the prisoner ingested or was | 11438 |
injected with a drug of abuse. | 11439 |
(C) A prisoner who is subjected to random drug testing under | 11440 |
this section and whose test indicates that the prisoner ingested | 11441 |
or was injected with a drug of abuse shall pay the fee for that | 11442 |
positive test and other subsequent test fees as a sanction | 11443 |
specified by the department of rehabilitation and correction | 11444 |
pursuant to division (D)(6) of this section. | 11445 |
(D) The department of rehabilitation and correction shall | 11446 |
establish policies and procedures to implement the random drug | 11447 |
testing program established under this section. The policies and | 11448 |
procedures shall include, but are not limited to, provisions that | 11449 |
do the following: | 11450 |
(1) Establish standards for the performance of random drug | 11451 |
testing that include, but are not limited to, standards governing | 11452 |
the following: | 11453 |
(a) The collection by the laboratory or entity described in | 11454 |
division (B) of this section of blood or urine specimens of | 11455 |
individuals in a scientifically or medically approved manner and | 11456 |
under reasonable and sanitary conditions; | 11457 |
(b) The collection and testing by the laboratory or entity | 11458 |
described in division (B) of this section of blood or urine | 11459 |
specimens with due regard for the privacy of the individual being | 11460 |
tested and in a manner reasonably calculated to prevent | 11461 |
substitutions or interference with the collection and testing of | 11462 |
the specimens; | 11463 |
(c) The documentation of blood or urine specimens collected | 11464 |
by the laboratory or entity described in division (B) of this | 11465 |
section and documentation procedures that reasonably preclude the | 11466 |
possibility of erroneous identification of test results and that | 11467 |
provide the individual being tested an opportunity to furnish | 11468 |
information identifying any prescription or nonprescription drugs | 11469 |
used by the individual in connection with a medical condition; | 11470 |
(d) The collection, maintenance, storage, and transportation | 11471 |
by the laboratory or entity described in division (B) of this | 11472 |
section of blood or urine specimens in a manner that reasonably | 11473 |
precludes the possibility of contamination or adulteration of the | 11474 |
specimens; | 11475 |
(e) The testing by the laboratory or entity described in | 11476 |
division (B) of this section of blood or urine specimen of an | 11477 |
individual to determine whether the individual ingested or was | 11478 |
injected with a drug of abuse, in a manner that conforms to | 11479 |
scientifically accepted analytical methods and procedures and that | 11480 |
may include verification or confirmation of any positive test | 11481 |
result by a reliable analytical method; | 11482 |
(f) The analysis of an individual's blood or urine specimen | 11483 |
by an employee of the laboratory or entity described in division | 11484 |
(B) of this section who is qualified by education, training, and | 11485 |
experience to perform that analysis and whose regular duties | 11486 |
include the analysis of blood or urine specimens to determine the | 11487 |
presence of a drug of abuse and whether the individual who is the | 11488 |
subject of the test ingested or was injected with a drug of abuse. | 11489 |
(2) Specify the frequency of performing random drug testing | 11490 |
of prisoners in a state correctional institution; | 11491 |
(3) Prescribe procedures for the automatic, random selection | 11492 |
of prisoners in a state correctional institution to submit to | 11493 |
random drug testing under this section; | 11494 |
(4) Provide for reasonable safeguards for the transmittal | 11495 |
from the laboratory or entity described in division (B) of this | 11496 |
section to the department of the results of the random drug | 11497 |
testing of prisoners in state correctional institutions pursuant | 11498 |
to division (F) of this section; | 11499 |
(5) Establish a reasonable fee to cover the costs associated | 11500 |
with random drug testing and analyses performed by a laboratory or | 11501 |
entity under this section and establish procedures for the | 11502 |
collection of those fees from the prisoners subjected to the drug | 11503 |
test; | 11504 |
(6) Establish guidelines for imposing sanctions upon a | 11505 |
prisoner whose test results indicate that the prisoner ingested or | 11506 |
was injected with a drug of abuse. | 11507 |
(E) The warden of each correctional institution, pursuant to | 11508 |
the contract entered into under division (B) of this section or, | 11509 |
if no contract was entered into under that division, pursuant to | 11510 |
the policies and procedures established by the department of | 11511 |
rehabilitation and correction under division (D) of this section, | 11512 |
shall facilitate the collection, documentation, maintenance, and | 11513 |
transportation by the laboratory or entity described in division | 11514 |
(B) of this section, of the blood or urine specimens of the | 11515 |
prisoners in the state correctional institution who are subject to | 11516 |
random drug testing. | 11517 |
(F) A laboratory or entity that performs random drug testing | 11518 |
of prisoners and analyses of blood or urine specimens under this | 11519 |
section shall transmit the results of each drug test to the | 11520 |
department of rehabilitation and correction. The department shall | 11521 |
file for record the results of the drug tests that indicate | 11522 |
whether or not each prisoner in the state correctional institution | 11523 |
who was subjected to the drug test ingested or was injected with a | 11524 |
drug of abuse. The department shall send a copy of the results of | 11525 |
the drug tests to the warden of the state correctional institution | 11526 |
in which the prisoner who was subjected to the drug test is | 11527 |
confined. The warden shall give appropriate notice of the drug | 11528 |
test results to each prisoner who was subjected to the drug test | 11529 |
and whose drug test results indicate that the prisoner ingested or | 11530 |
was injected with a drug of abuse. In accordance with | 11531 |
institutional disciplinary procedures, the warden shall afford | 11532 |
that prisoner an opportunity to be heard regarding the results of | 11533 |
the drug test and to present contrary evidence at a hearing held | 11534 |
before the warden within thirty days after notification to the | 11535 |
prisoner under this division. After the hearing, if a hearing is | 11536 |
held, the warden shall make a determination regarding any evidence | 11537 |
presented by the prisoner. If the warden rejects the evidence | 11538 |
presented by the prisoner at the hearing or if no hearing is held | 11539 |
under this division, the warden may subject the prisoner to | 11540 |
sanctions that include payment of the fee for the test. | 11541 |
(G) | 11542 |
11543 | |
11544 | |
11545 | |
11546 | |
11547 | |
11548 | |
11549 |
| 11550 |
under this section or collected by the adult parole authority | 11551 |
under section 2929.15, 2951.05, or 2967.131 of the Revised Code | 11552 |
shall be forwarded to the treasurer of state for deposit in the | 11553 |
offender financial responsibility fund created in division (I) of | 11554 |
section 5120.56 of the Revised Code. | 11555 |
Sec. 5120.70. There is hereby created in the state treasury | 11556 |
the federal equitable sharing fund. The director of rehabilitation | 11557 |
and correction shall deposit in the fund all money received by the | 11558 |
department from the federal government as equitable sharing | 11559 |
payments under 28 U.S.C. 524. The director shall establish rules | 11560 |
pursuant to Chapter 119. of the Revised Code for the operation of | 11561 |
the fund. | 11562 |
Sec. 5139.02. (A)(1) As used in this section, "managing | 11563 |
officer"
means | 11564 |
assistant deputy director, a superintendent, a regional | 11565 |
administrator, a deputy superintendent, or the superintendent of | 11566 |
schools of the department of youth services, a member of the | 11567 |
release authority, the chief of staff to the release authority, | 11568 |
and the victims administrator of the office of victim services. | 11569 |
(2) Each division established by the director of youth | 11570 |
services shall consist of managing officers and other employees, | 11571 |
including those employed in institutions and regions as necessary | 11572 |
to perform the functions assigned to them.
The director | 11573 |
11574 | |
officer of the department shall supervise the work of each | 11575 |
division and determine general policies governing the exercise of | 11576 |
powers vested in the department and assigned to each division. The | 11577 |
appropriate managing officer or deputy director is responsible to | 11578 |
the director | 11579 |
direction, and supervision of the work of the division or unit and | 11580 |
for the exercise of the powers and the performance of the duties | 11581 |
of the department assigned to it and, with the director's | 11582 |
approval, may establish bureaus or other administrative units | 11583 |
within the department. | 11584 |
(B) The director shall appoint all managing officers, who | 11585 |
shall be in the unclassified civil service. The director may | 11586 |
appoint a person who holds a certified position in the classified | 11587 |
service within the department to a position as a managing officer | 11588 |
within the department. A person appointed pursuant to this | 11589 |
division to a position as a managing officer shall retain the | 11590 |
right to resume the position and status held by the person in the | 11591 |
classified service immediately prior to the person's appointment | 11592 |
as managing officer, regardless of the number of positions the | 11593 |
person held in the unclassified service. A managing officer's | 11594 |
right to resume a position in the classified service may only be | 11595 |
exercised when the director demotes the managing officer to a pay | 11596 |
range lower than the managing officer's current pay range or | 11597 |
revokes the managing officer's appointment to the position of | 11598 |
managing officer. A managing officer forfeits the right to resume | 11599 |
a position in the classified service when the managing officer is | 11600 |
removed from the position of managing officer due to incompetence, | 11601 |
inefficiency, dishonesty, drunkenness, immoral conduct, | 11602 |
insubordination, discourteous treatment of the public, neglect of | 11603 |
duty, violation of this chapter or Chapter 124. of the Revised | 11604 |
Code, the rules of the director of youth services or the director | 11605 |
of administrative services, any other failure of good behavior, | 11606 |
any other acts of misfeasance, malfeasance, or nonfeasance in | 11607 |
office, or conviction of a felony. A managing officer also | 11608 |
forfeits the right to resume a position in the classified service | 11609 |
upon transfer to a different agency. | 11610 |
Reinstatement to a position in the classified service shall | 11611 |
be to the position held in the classified service immediately | 11612 |
prior to appointment as managing officer, or to another position | 11613 |
certified by the director of administrative services as being | 11614 |
substantially equal to that position. If the position the person | 11615 |
previously held in the classified service immediately prior to | 11616 |
appointment as a managing officer has been placed in the | 11617 |
unclassified service or is otherwise unavailable, the person shall | 11618 |
be appointed to a position in the classified service within the | 11619 |
department that the director of administrative services certifies | 11620 |
is comparable in compensation to the position the person | 11621 |
previously held in the classified service. Service as a managing | 11622 |
officer shall be counted as service in the position in the | 11623 |
classified service held by the person immediately prior to the | 11624 |
person's appointment as a managing officer. If a person is | 11625 |
reinstated to a position in the classified service under this | 11626 |
division, the person shall be returned to the pay range and step | 11627 |
to which the person had been assigned at the time of the | 11628 |
appointment as managing officer. Longevity, where applicable, | 11629 |
shall be calculated pursuant to the provisions of section 124.181 | 11630 |
of the Revised Code. | 11631 |
(C) Each person appointed as a managing officer shall have | 11632 |
received special training and shall have experience in the type of | 11633 |
work that the person's division is required to perform. Each | 11634 |
managing officer, under the supervision of the director, has | 11635 |
entire charge of the division, institution, unit, or region for | 11636 |
which the managing officer is appointed and, with the director's | 11637 |
approval, shall appoint necessary employees and may remove them | 11638 |
for cause. | 11639 |
(D) The director may designate one or more deputy directors | 11640 |
to sign any personnel actions on the director's behalf. The | 11641 |
director shall make a designation in a writing signed by the | 11642 |
director, and the designation shall remain in effect until the | 11643 |
director revokes or supersedes it with a new designation. | 11644 |
Sec. 5139.18. (A) Except with respect to children who are | 11645 |
granted a judicial release to court supervision pursuant to | 11646 |
division (B) of section 2152.22 of the Revised Code, the | 11647 |
department of youth services is responsible for locating homes or | 11648 |
jobs for children released from its institutions, for supervision | 11649 |
of children released from its institutions, and for providing or | 11650 |
arranging for the provision to those children of appropriate | 11651 |
services that are required to facilitate their satisfactory | 11652 |
community adjustment. Regional administrators through their staff | 11653 |
of parole officers shall supervise children paroled or released to | 11654 |
community supervision in a manner that insures as nearly as | 11655 |
possible the children's rehabilitation and that provides maximum | 11656 |
protection to the general public. All state and local officials | 11657 |
shall furnish any information to juvenile parole officers that | 11658 |
they may request in the performance of their duties. | 11659 |
(B) The department of youth services shall exercise general | 11660 |
supervision over all children who have been released on placement | 11661 |
from any of its institutions other than children who are granted a | 11662 |
judicial release to court supervision pursuant to division (B) of | 11663 |
section 2152.22 of the Revised Code. The director of youth | 11664 |
services, with the consent and approval of the board of county | 11665 |
commissioners of any county, may contract with the public children | 11666 |
services agency of that county, the department of probation of | 11667 |
that county established pursuant to section 2301.27 of the Revised | 11668 |
Code, or the probation department or service established pursuant | 11669 |
to sections 2151.01 to 2151.54 of the Revised Code for the | 11670 |
provision of direct supervision and control over and the provision | 11671 |
of supportive assistance to all children who have been released on | 11672 |
placement into that county from any of its institutions, or, with | 11673 |
the consent of the juvenile judge or the administrative judge of | 11674 |
the juvenile court of any county, contract with any other public | 11675 |
agency, institution, or organization that is qualified to provide | 11676 |
the care and supervision that is required under the terms and | 11677 |
conditions of the child's treatment plan for the provision of | 11678 |
direct supervision and control over and the provision of | 11679 |
supportive assistance to all children who have been released on | 11680 |
placement into that county from any of its institutions. | 11681 |
(C) A juvenile parole officer shall furnish to a child placed | 11682 |
on community control under the parole officer's supervision a | 11683 |
statement of the conditions of parole and shall instruct the child | 11684 |
regarding them. The parole officer shall keep informed concerning | 11685 |
the conduct and condition of a child under the parole officer's | 11686 |
supervision and shall report on the child's conduct to the judge | 11687 |
as the judge directs. A parole officer shall use all suitable | 11688 |
methods to aid a child on community control and to improve the | 11689 |
child's conduct and condition. A parole officer shall keep full | 11690 |
and accurate records of work done for children under the parole | 11691 |
officer's supervision. | 11692 |
(D) In accordance with division (D) of section 2151.14 of the | 11693 |
Revised Code, a court may issue an order requiring boards of | 11694 |
education, governing bodies of chartered nonpublic schools, public | 11695 |
children services agencies, private child placing agencies, | 11696 |
probation departments, law enforcement agencies, and prosecuting | 11697 |
attorneys that have records related to the child in question to | 11698 |
provide copies of one or more specified records, or specified | 11699 |
information in one or more specified records, that the individual | 11700 |
or entity has with respect to the child to the department of youth | 11701 |
services when the department has custody of the child or is | 11702 |
performing any services for the child that are required by the | 11703 |
juvenile court or by statute, and the department requests the | 11704 |
records in accordance with division (D)(3)(a) of section 2151.14 | 11705 |
of the Revised Code. | 11706 |
(E) Whenever any placement official has reasonable cause to | 11707 |
believe that any child released by a court pursuant to section | 11708 |
2152.22 of the Revised Code has violated the conditions of the | 11709 |
child's placement, the official may request, in writing, from the | 11710 |
committing court or transferee court a custodial order, and, upon | 11711 |
reasonable and probable cause, the court may order any sheriff, | 11712 |
deputy sheriff, constable, or police officer to apprehend the | 11713 |
child. A child so apprehended may be confined in the detention | 11714 |
facility of the county in which the child is apprehended until | 11715 |
further order of the court. If a child who was released on | 11716 |
supervised release by the release authority of the department of | 11717 |
youth services or a child who was granted a judicial release to | 11718 |
department of youth services supervision violates the conditions | 11719 |
of the supervised release or judicial release, section 5139.52 of | 11720 |
the Revised Code applies with respect to that child. | 11721 |
Sec. 5139.281. The department of youth services shall adopt | 11722 |
rules prescribing the manner of application for financial | 11723 |
assistance under this section for the operation and maintenance of | 11724 |
a detention facility provided, or district detention facility | 11725 |
established, under section 2151.41 of the Revised Code and | 11726 |
prescribing minimum standards of operation, including criteria for | 11727 |
programs of education, training, counseling, recreation, health, | 11728 |
and safety, and qualifications of personnel with which a facility | 11729 |
shall comply as a condition of eligibility for assistance under | 11730 |
this section. If the board of county commissioners providing a | 11731 |
detention facility or the board of trustees of a district | 11732 |
detention facility applies to the department for assistance and if | 11733 |
the department finds that the application is in accordance with | 11734 |
the rules adopted under this section and that the facility meets | 11735 |
the minimum standards adopted under this section, the department | 11736 |
may grant assistance to the applicant board for the operation and | 11737 |
maintenance of each facility in an amount not to exceed fifty per | 11738 |
cent of the approved annual operating cost. The board shall make a | 11739 |
separate application for each year for which assistance is | 11740 |
requested. | 11741 |
The department shall adopt any necessary rules for the care, | 11742 |
treatment, and training in a district detention facility of | 11743 |
children found to be delinquent children and committed to the | 11744 |
facility by the juvenile court under section 2151.19 of the | 11745 |
Revised Code and may approve for this purpose any facility that is | 11746 |
found to be in compliance with the rules it adopts. | 11747 |
The department shall | 11748 |
months, in-service training programs approved by the department | 11749 |
for staff members of detention facilities or district detention | 11750 |
facilities | 11751 |
11752 |
Sec. 5139.31. The department of youth services may inspect | 11753 |
any school, forestry camp, district detention facility, or other | 11754 |
facility for which an application for financial assistance has | 11755 |
been made to the department under section 2152.43 or 2151.651 of | 11756 |
the Revised Code or for which financial assistance has been | 11757 |
granted by the department under section 5139.27, 5139.271, or | 11758 |
5139.281 of the Revised Code. The inspection may include, but need | 11759 |
not be limited to, examination and evaluation of the physical | 11760 |
condition of the school, forestry camp, district detention | 11761 |
facility, or other facility, including any equipment used in | 11762 |
connection with it; observation and
evaluation
of the
| 11763 |
programming and treatment of children admitted to it; examination | 11764 |
and analysis and copying of any papers, records, or other | 11765 |
documents relating to the qualifications of personnel, the | 11766 |
commitment of children to it, and its administration. | 11767 |
Sec. 5139.36. (A) In accordance with this section and the | 11768 |
rules adopted under it and from funds appropriated to the | 11769 |
department of youth services for the purposes of this section, the | 11770 |
department shall make grants that provide financial resources to | 11771 |
operate community corrections facilities for felony delinquents. | 11772 |
(B)(1) Each community corrections facility that intends to | 11773 |
seek a grant under this section shall file an application with the | 11774 |
department of youth services at the time and in accordance with | 11775 |
the procedures that the department shall establish by rules | 11776 |
adopted in accordance with Chapter 119. of the Revised Code. In | 11777 |
addition to other items required to be included in the | 11778 |
application, a plan that satisfies both of the following shall be | 11779 |
included: | 11780 |
(a) It reduces the number of felony delinquents committed to | 11781 |
the department from the county or counties associated with the | 11782 |
community corrections facility. | 11783 |
(b) It ensures equal access for minority felony delinquents | 11784 |
to the programs and services for which a potential grant would be | 11785 |
used. | 11786 |
(2) The department of youth services shall review each | 11787 |
application submitted pursuant to division (B)(1) of this section | 11788 |
to determine whether the plan described in that division, the | 11789 |
community corrections facility, and the application comply with | 11790 |
this section and the rules adopted under it. | 11791 |
(C) To be eligible for a grant under this section and for | 11792 |
continued receipt of moneys comprising a grant under this section, | 11793 |
a community corrections facility shall satisfy at least all of the | 11794 |
following requirements: | 11795 |
(1) Be constructed, reconstructed, improved, or financed by | 11796 |
the Ohio building authority pursuant to section 307.021 of the | 11797 |
Revised Code and Chapter 152. of the Revised Code for the use of | 11798 |
the department of youth services and be designated as a community | 11799 |
corrections facility; | 11800 |
(2) Have written standardized criteria governing the types of | 11801 |
felony delinquents that are eligible for the programs and services | 11802 |
provided by the facility; | 11803 |
(3) Have a written standardized intake screening process and | 11804 |
an intake committee that at least performs both of the following | 11805 |
tasks: | 11806 |
(a) Screens all eligible felony delinquents who are being | 11807 |
considered for admission to the facility in lieu of commitment to | 11808 |
the department; | 11809 |
(b) Notifies, within ten days after the date of the referral | 11810 |
of a felony delinquent to the facility, the committing court | 11811 |
whether the felony delinquent will be admitted to the facility. | 11812 |
(4) Comply with all applicable fiscal and program rules that | 11813 |
the department adopts in accordance with Chapter 119. of the | 11814 |
Revised Code and demonstrate that felony delinquents served by the | 11815 |
facility have been or will be diverted from a commitment to the | 11816 |
department. | 11817 |
(D) The department of youth services shall determine the | 11818 |
method of distribution of the funds appropriated for grants under | 11819 |
this section to community corrections facilities. | 11820 |
(E)(1) The department of youth services shall adopt rules in | 11821 |
accordance with Chapter 119. of the Revised Code to establish the | 11822 |
minimum occupancy threshold of community corrections facilities. | 11823 |
(2) The department may make referrals for the placement of | 11824 |
children in its custody to a community corrections facility. At | 11825 |
least forty-five days prior to the referral of a child or within | 11826 |
any shorter period prior to the referral of the child that the | 11827 |
committing court may allow, the department shall notify the | 11828 |
committing court of its intent to place the child in a community | 11829 |
corrections facility. The court shall have thirty days after the | 11830 |
receipt of the notice to approve or disapprove the placement. If | 11831 |
the court does not respond to the notice of the placement within | 11832 |
that thirty-day period, the department shall proceed with the | 11833 |
placement and debit the county in accordance with sections 5139.41 | 11834 |
to 5139.43 of the Revised Code. A child placed in a community | 11835 |
corrections facility pursuant to this division shall remain in the | 11836 |
legal custody of the department of youth services during the | 11837 |
period in which the child is in the community corrections | 11838 |
facility. | 11839 |
(3) Counties that are not associated with a community | 11840 |
corrections facility may refer children to a community corrections | 11841 |
facility with the consent of the facility. The department of youth | 11842 |
services shall debit the county that makes the referral in | 11843 |
accordance with sections 5139.41 to 5139.43 of the Revised Code. | 11844 |
(F) | 11845 |
corrections facility | 11846 |
11847 | |
once per quarter. A community corrections facility | 11848 |
reimburse the members of the board or other governing body of the | 11849 |
facility and the members of an advisory board created by the board | 11850 |
or other governing body of the facility for their actual and | 11851 |
necessary expenses incurred in the performance of their official | 11852 |
duties | 11853 |
governing body of the facility and the members of an advisory | 11854 |
11855 | |
facility shall serve without compensation. | 11856 |
Sec. 5139.38. Within ninety days prior to the expiration of | 11857 |
the prescribed minimum period of institutionalization of a felony | 11858 |
delinquent committed to the department of youth services and with | 11859 |
prior | 11860 |
department may transfer the felony delinquent to a community | 11861 |
facility | 11862 |
11863 | |
11864 | |
section 5139.18 of the Revised Code. For purposes of transfers | 11865 |
under this section, both of the following apply: | 11866 |
(A) The community facility may be a community corrections | 11867 |
facility that has received a grant pursuant to section 5139.36 of | 11868 |
the Revised Code, a community residential program with which the | 11869 |
department has contracted for purposes of this section, or another | 11870 |
private entity with which the department has contracted for | 11871 |
purposes of this section. Division (E) of section 5139.36 of the | 11872 |
Revised Code does not apply in connection with a transfer of a | 11873 |
felony delinquent that is made to a community corrections facility | 11874 |
pursuant to this section. | 11875 |
(B) During the period in which the felony delinquent is in | 11876 |
the community facility, the felony delinquent shall remain in the | 11877 |
custody of the department. | 11878 |
Sec. 5139.41. The appropriation made to the department of | 11879 |
youth services for care and custody of felony delinquents shall be | 11880 |
expended in accordance with the following procedure that the | 11881 |
department shall use for each year of a biennium. The procedure | 11882 |
shall be consistent with sections 5139.41 to 5139.43 of the | 11883 |
Revised Code and shall be developed in accordance with the | 11884 |
following guidelines: | 11885 |
(A) The line item appropriation for the care and custody of | 11886 |
felony delinquents shall provide funding for operational costs for | 11887 |
the following: | 11888 |
(1) Institutions and the diagnosis, care, or treatment of | 11889 |
felony delinquents at facilities pursuant to contracts entered | 11890 |
into under section 5139.08 of the Revised Code; | 11891 |
(2) Community corrections facilities constructed, | 11892 |
reconstructed, improved, or financed as described in section | 11893 |
5139.36 of the Revised Code for the purpose of providing | 11894 |
alternative placement and services for felony delinquents who have | 11895 |
been diverted from care and custody in institutions; | 11896 |
(3) County juvenile courts that administer programs and | 11897 |
services for prevention, early intervention, diversion, treatment, | 11898 |
and rehabilitation services and programs that are provided for | 11899 |
alleged or adjudicated unruly or delinquent children or for | 11900 |
children who are at risk of becoming unruly or delinquent | 11901 |
children; | 11902 |
(4) Administrative expenses the department incurs in | 11903 |
connection with the felony delinquent care and custody programs | 11904 |
described in section 5139.43 of the Revised Code. | 11905 |
(B) From the appropriated line item for the care and custody | 11906 |
of felony delinquents, the department, with the advice of the | 11907 |
RECLAIM advisory committee established under section 5139.44 of | 11908 |
the Revised Code, shall allocate annual operational funds for | 11909 |
county juvenile programs, institutional care and custody, | 11910 |
community corrections facilities care and custody, and | 11911 |
administrative expenses incurred by the department associated with | 11912 |
felony delinquent care and custody programs. The department, with | 11913 |
the advice of the RECLAIM advisory committee, shall adjust these | 11914 |
allocations, when modifications to this line item are made by | 11915 |
legislative or executive action. | 11916 |
(C) The department shall divide county juvenile program | 11917 |
allocations among county juvenile courts that administer programs | 11918 |
and services for prevention, early intervention, diversion, | 11919 |
treatment, and rehabilitation that are provided for alleged or | 11920 |
adjudicated unruly or delinquent children or for children who are | 11921 |
at risk of becoming unruly or delinquent children. The department | 11922 |
shall base funding on the county's previous year's ratio of the | 11923 |
department's institutional and community correctional facilities | 11924 |
commitments to that county's four year average of felony | 11925 |
adjudications, | 11926 |
11927 |
(1) The department shall give to each county a proportional | 11928 |
allocation of commitment credits. The proportional allocation of | 11929 |
commitment credits shall be calculated by the following | 11930 |
procedures: | 11931 |
(a) The department shall determine for each county and for | 11932 |
the state a four year average of felony adjudications. | 11933 |
(b) The department shall determine for each county and for | 11934 |
the state the number of charged bed days, for both the department | 11935 |
and community correctional facilities, from the previous year. | 11936 |
(c) The department shall divide the statewide total number of | 11937 |
charged bed days by the statewide total number of felony | 11938 |
adjudications, which quotient shall then be multiplied by a factor | 11939 |
determined by the department. | 11940 |
(d) The department shall calculate the county's allocation of | 11941 |
credits by multiplying the number of adjudications for each court | 11942 |
by the result determined pursuant to division (C)(1)(c) of this | 11943 |
section. | 11944 |
(2) The department shall subtract from the allocation | 11945 |
determined pursuant to division (C)(1) of this section a credit | 11946 |
for every chargeable bed day a youth stays in a department | 11947 |
institution and two-thirds of credit for every chargeable bed day | 11948 |
a youth stays in a community correctional facility, except for | 11949 |
public safety beds. At the end of the year, the department shall | 11950 |
divide the amount of remaining credits of that county's allocation | 11951 |
by the total number of remaining credits to all counties, to | 11952 |
determine the county's percentage, which shall then be applied to | 11953 |
the total county allocation to determine the county's payment for | 11954 |
the fiscal year. | 11955 |
(3) The department shall pay counties three times during the | 11956 |
fiscal year to allow for credit reporting and audit adjustments, | 11957 |
and modifications to the appropriated line item for the care and | 11958 |
custody of felony delinquents, as described in this section. The | 11959 |
department shall pay fifty per cent of the payment by the | 11960 |
fifteenth of July of each fiscal year, twenty-five per cent by the | 11961 |
fifteenth of January of that fiscal year, and twenty-five per cent | 11962 |
of the payment by the fifteenth of June of that fiscal year. | 11963 |
(D) In fiscal year 2004, the payment of county juvenile | 11964 |
programs shall be based on the following procedure: | 11965 |
(1) The department shall divide the funding earned by each | 11966 |
court in fiscal year 2003 by the aggregate funding of all courts, | 11967 |
resulting in a percentage. | 11968 |
(2) The department shall apply the percentage determined | 11969 |
under division (D)(1) of this section to the total county juvenile | 11970 |
program allocation for fiscal year 2004 to determine each court's | 11971 |
total payment. | 11972 |
(3) The department shall make payments in accordance with the | 11973 |
schedule established in division (C)(3) of this section. | 11974 |
Sec. 5139.43. (A) The department of youth services shall | 11975 |
operate a felony delinquent care and custody program that shall be | 11976 |
operated in accordance with the formula developed pursuant to | 11977 |
section 5139.41 of the Revised Code, subject to the conditions | 11978 |
specified in this section. | 11979 |
(B)(1) Each juvenile court shall use the moneys disbursed to | 11980 |
it by the department of youth services pursuant to division (B) of | 11981 |
section 5139.41 of the Revised Code in accordance with the | 11982 |
applicable provisions of division (B)(2) of this section and shall | 11983 |
transmit the moneys to the county treasurer for deposit in | 11984 |
accordance with this division. The county treasurer shall create | 11985 |
in the county treasury a fund that shall be known as the felony | 11986 |
delinquent care and custody fund and shall deposit in that fund | 11987 |
the moneys disbursed to the juvenile court pursuant to division | 11988 |
(B) of section 5139.41 of the Revised Code. The county treasurer | 11989 |
also shall deposit into that fund the state subsidy funds granted | 11990 |
to the county pursuant to section 5139.34 of the Revised Code. The | 11991 |
moneys disbursed to the juvenile court pursuant to division (B) of | 11992 |
section 5139.41 of the Revised Code and deposited pursuant to this | 11993 |
division in the felony delinquent care and custody fund shall not | 11994 |
be commingled with any other county funds except state subsidy | 11995 |
funds granted to the county pursuant to section 5139.34 of the | 11996 |
Revised Code; shall not be used for any capital construction | 11997 |
projects; upon an order of the juvenile court and subject to | 11998 |
appropriation by the board of county commissioners, shall be | 11999 |
disbursed to the juvenile court for use in accordance with the | 12000 |
applicable provisions of division (B)(2) of this section; shall | 12001 |
not revert to the county general fund at the end of any fiscal | 12002 |
year; and shall carry over in the felony delinquent care and | 12003 |
custody fund from the end of any fiscal year to the next fiscal | 12004 |
year. The moneys disbursed to the juvenile court pursuant to | 12005 |
division (B) of section 5139.41 of the Revised Code and deposited | 12006 |
pursuant to this division in the felony delinquent care and | 12007 |
custody fund shall be in addition to, and shall not be used to | 12008 |
reduce, any usual annual increase in county funding that the | 12009 |
juvenile court is eligible to receive or the current level of | 12010 |
county funding of the juvenile court and of any programs or | 12011 |
services for delinquent children, unruly children, or juvenile | 12012 |
traffic offenders. | 12013 |
(2)(a) A county and the juvenile court that serves the county | 12014 |
shall use the moneys in its felony delinquent care and custody | 12015 |
fund in accordance with rules that the department of youth | 12016 |
services adopts pursuant to division (D) of section 5139.04 of the | 12017 |
Revised Code and as follows: | 12018 |
(i) The moneys in the fund that represent state subsidy funds | 12019 |
granted to the county pursuant to section 5139.34 of the Revised | 12020 |
Code shall be used to aid in the support of prevention, early | 12021 |
intervention, diversion, treatment, and rehabilitation programs | 12022 |
that are provided for alleged or adjudicated unruly children or | 12023 |
delinquent children or for children who are at risk of becoming | 12024 |
unruly children or delinquent children. The county shall not use | 12025 |
for capital improvements more than fifteen per cent of the moneys | 12026 |
in the fund that represent the applicable annual grant of those | 12027 |
state subsidy funds. | 12028 |
(ii) The moneys in the fund that were disbursed to the | 12029 |
juvenile court pursuant to division (B) of section 5139.41 of the | 12030 |
Revised Code and deposited pursuant to division (B)(1) of this | 12031 |
section in the fund shall be used to provide programs and services | 12032 |
for the training, treatment, or rehabilitation of felony | 12033 |
delinquents that are alternatives to their commitment to the | 12034 |
department, including, but not limited to, community residential | 12035 |
programs, day treatment centers, services within the home, and | 12036 |
electronic monitoring, and shall be used in connection with | 12037 |
training, treatment, rehabilitation, early intervention, or other | 12038 |
programs or services for any delinquent child, unruly child, or | 12039 |
juvenile traffic offender who is under the jurisdiction of the | 12040 |
juvenile court. | 12041 |
The fund also may be used for prevention, early intervention, | 12042 |
diversion, treatment, and rehabilitation programs that are | 12043 |
provided for alleged or adjudicated unruly children, delinquent | 12044 |
children, or juvenile traffic offenders or for children who are at | 12045 |
risk of becoming unruly children, delinquent children, or juvenile | 12046 |
traffic offenders. Consistent with division (B)(1) of this | 12047 |
section, a county and the juvenile court of a county shall not use | 12048 |
any of those moneys for capital construction projects. | 12049 |
(iii) Moneys in the fund shall not be used to support | 12050 |
programs or services that do not comply with federal juvenile | 12051 |
justice and delinquency prevention core requirements or to support | 12052 |
programs or services that research has shown to be ineffective. | 12053 |
(iv) The county and the juvenile court that serves the county | 12054 |
may | 12055 |
12056 | |
12057 | |
provide out-of-home placement | 12058 |
12059 | |
12060 | |
12061 | |
centers, community rehabilitation centers, or community | 12062 |
corrections facilities approved by the department pursuant to | 12063 |
standards adopted by the department, licensed by an authorized | 12064 |
state agency, or accredited by the American correctional | 12065 |
association or another national organization recognized by the | 12066 |
department. | 12067 |
(b) Each juvenile court shall comply with division (B)(3)(d) | 12068 |
of this section as implemented by the department. If a juvenile | 12069 |
court fails to comply with division (B)(3)(d) of this section, the | 12070 |
department shall not be required to make any disbursements in | 12071 |
accordance with division (C) or (D) of section 5139.41 or division | 12072 |
(C)(2) of section 5139.34 of the Revised Code. | 12073 |
(3) In accordance with rules adopted by the department | 12074 |
pursuant to division (D) of section 5139.04 of the Revised Code, | 12075 |
each juvenile court and the county served by that juvenile court | 12076 |
shall do all of the following that apply: | 12077 |
(a) The juvenile court shall prepare an annual grant | 12078 |
agreement and application for funding that satisfies the | 12079 |
requirements of this section and section 5139.34 of the Revised | 12080 |
Code and that pertains to the use, upon an order of the juvenile | 12081 |
court and subject to appropriation by the board of county | 12082 |
commissioners, of the moneys in its felony delinquent care and | 12083 |
custody fund for specified programs, care, and services as | 12084 |
described in division (B)(2)(a) of this section, shall submit that | 12085 |
agreement and application to the county family and children first | 12086 |
council, the regional family and children first council, or the | 12087 |
local intersystem services to children cluster as described in | 12088 |
sections 121.37 and 121.38 of the Revised Code, whichever is | 12089 |
applicable, and shall file that agreement and application with the | 12090 |
department for its approval. The annual grant agreement and | 12091 |
application for funding shall include a method of ensuring equal | 12092 |
access for minority youth to the programs, care, and services | 12093 |
specified in it. | 12094 |
The department may approve an annual grant agreement and | 12095 |
application for funding only if the juvenile court involved has | 12096 |
complied with the preparation, submission, and filing requirements | 12097 |
described in division (B)(3)(a) of this section. If the juvenile | 12098 |
court complies with those requirements and the department approves | 12099 |
that agreement and application, the juvenile court and the county | 12100 |
served by the juvenile court may expend the state subsidy funds | 12101 |
granted to the county pursuant to section 5139.34 of the Revised | 12102 |
Code only in accordance with division (B)(2)(a) of this section, | 12103 |
the rules pertaining to state subsidy funds that the department | 12104 |
adopts pursuant to division (D) of section 5139.04 of the Revised | 12105 |
Code, and the approved agreement and application. | 12106 |
(b) By the thirty-first day of August of each year, the | 12107 |
juvenile court shall file with the department a report that | 12108 |
contains all of the statistical and other information for each | 12109 |
month of the prior state fiscal year. If the juvenile court fails | 12110 |
to file the report required by division (B)(3)(b) of this section | 12111 |
by the thirty-first day of August of any year, the department | 12112 |
shall not disburse any payment of state subsidy funds to which the | 12113 |
county otherwise is entitled pursuant to section 5139.34 of the | 12114 |
Revised Code and shall not disburse pursuant to division (B) of | 12115 |
section 5139.41 of the Revised Code the applicable allocation | 12116 |
until the juvenile court fully complies with division (B)(3)(b) of | 12117 |
this section. | 12118 |
(c) If the department requires the juvenile court to prepare | 12119 |
monthly statistical reports and to submit the reports on forms | 12120 |
provided by the department, the juvenile court shall file those | 12121 |
reports with the department on the forms so provided. If the | 12122 |
juvenile court fails to prepare and submit those monthly | 12123 |
statistical reports within the department's timelines, the | 12124 |
department shall not disburse any payment of state subsidy funds | 12125 |
to which the county otherwise is entitled pursuant to section | 12126 |
5139.34 of the Revised Code and shall not disburse pursuant to | 12127 |
division (B) of section 5139.41 of the Revised Code the applicable | 12128 |
allocation until the juvenile court fully complies with division | 12129 |
(B)(3)(c) of this section. If the juvenile court fails to prepare | 12130 |
and submit those monthly statistical reports within one hundred | 12131 |
eighty days of the date the department establishes for their | 12132 |
submission, the department shall not disburse any payment of state | 12133 |
subsidy funds to which the county otherwise is entitled pursuant | 12134 |
to section 5139.34 of the Revised Code and shall not disburse | 12135 |
pursuant to division (B) of section 5139.41 of the Revised Code | 12136 |
the applicable allocation, and the state subsidy funds and the | 12137 |
remainder of the applicable allocation shall revert to the | 12138 |
department. If a juvenile court states in a monthly statistical | 12139 |
report that the juvenile court adjudicated within a state fiscal | 12140 |
year five hundred or more children to be delinquent children for | 12141 |
committing acts that would be felonies if committed by adults and | 12142 |
if the department determines that the data in the report may be | 12143 |
inaccurate, the juvenile court shall have an independent auditor | 12144 |
or other qualified entity certify the accuracy of the data on a | 12145 |
date determined by the department. | 12146 |
(d) If the department requires the juvenile court and the | 12147 |
county to participate in a fiscal monitoring program or another | 12148 |
monitoring program that is conducted by the department to ensure | 12149 |
compliance by the juvenile court and the county with division (B) | 12150 |
of this section, the juvenile court and the county shall | 12151 |
participate in the program and fully comply with any guidelines | 12152 |
for the performance of audits adopted by the department pursuant | 12153 |
to that program and all requests made by the department pursuant | 12154 |
to that program for information necessary to reconcile fiscal | 12155 |
accounting. If an audit that is performed pursuant to a fiscal | 12156 |
monitoring program or another monitoring program described in this | 12157 |
division determines that the juvenile court or the county used | 12158 |
moneys in the county's felony delinquent care and custody fund for | 12159 |
expenses that are not authorized under division (B) of this | 12160 |
section, within forty-five days after the department notifies the | 12161 |
county of the unauthorized expenditures, the county either shall | 12162 |
repay the amount of the unauthorized expenditures from the county | 12163 |
general revenue fund to the state's general revenue fund or shall | 12164 |
file a written appeal with the department. If an appeal is timely | 12165 |
filed, the director of the department shall render a decision on | 12166 |
the appeal and shall notify the appellant county or its juvenile | 12167 |
court of that decision within forty-five days after the date that | 12168 |
the appeal is filed. If the director denies an appeal, the | 12169 |
county's fiscal agent shall repay the amount of the unauthorized | 12170 |
expenditures from the county general revenue fund to the state's | 12171 |
general revenue fund within thirty days after receiving the | 12172 |
director's notification
of the appeal decision. | 12173 |
12174 | |
12175 | |
12176 | |
12177 | |
12178 | |
12179 | |
12180 | |
12181 | |
12182 | |
12183 | |
12184 | |
12185 | |
12186 | |
12187 | |
12188 |
(C) The determination of which county a reduction of the | 12189 |
care and custody allocation will be charged against for a | 12190 |
particular youth shall be made as outlined below for all youths | 12191 |
who do not qualify as public safety beds. The determination of | 12192 |
which county a reduction of the care and custody allocation will | 12193 |
be charged against shall be made as follows until each youth is | 12194 |
released: | 12195 |
(1) In the event of a commitment, the reduction shall be | 12196 |
charged against the committing county. | 12197 |
(2) In the event of a recommitment, the reduction shall be | 12198 |
charged against the original committing county until the | 12199 |
expiration of the minimum period of institutionalization under the | 12200 |
original order of commitment or until the date on which the youth | 12201 |
is admitted to the department of youth services pursuant to the | 12202 |
order of recommitment, whichever is later. Reductions of the | 12203 |
allocation shall be charged against the county that recommitted | 12204 |
the youth after the minimum expiration date of the original | 12205 |
commitment. | 12206 |
(3) In the event of a revocation of a release on parole, the | 12207 |
reduction shall be charged against the county that revokes the | 12208 |
youth's parole. | 12209 |
(D) A juvenile court is not precluded by its allocation | 12210 |
amount for the care and custody of felony delinquents from | 12211 |
committing a felony delinquent to the department of youth services | 12212 |
for care and custody in an institution or a community corrections | 12213 |
facility when the juvenile court determines that the commitment is | 12214 |
appropriate. | 12215 |
Sec. 5139.50. (A) The release authority of the department of | 12216 |
youth services is hereby created as a bureau in the department. | 12217 |
The release authority shall consist of five members who are | 12218 |
appointed by the director of youth services and who have the | 12219 |
qualifications specified in division (B) of this section. The | 12220 |
members of the release authority shall devote their full time to | 12221 |
the duties of the release authority and shall neither seek nor | 12222 |
hold other public office. The members shall be in the unclassified | 12223 |
civil service. | 12224 |
(B) A person appointed as a member of the release authority | 12225 |
shall have a bachelor's degree from an accredited college or | 12226 |
university or equivalent relevant experience and shall have the | 12227 |
skills, training, or experience necessary to analyze issues of | 12228 |
law, administration, and public policy. The membership of the | 12229 |
release authority shall represent, insofar as practicable, the | 12230 |
diversity found in the children in the legal custody of the | 12231 |
department of youth services. | 12232 |
In appointing the five members, the director shall ensure | 12233 |
that the appointments include all of the following: | 12234 |
(1) At least four members who have five or more years of | 12235 |
experience in criminal justice, juvenile justice, or an equivalent | 12236 |
relevant profession; | 12237 |
(2) At least one member who has experience in victim services | 12238 |
or advocacy or who has been a victim of a crime or is a family | 12239 |
member of a victim; | 12240 |
(3) At least one member who has experience in direct care | 12241 |
services to delinquent children. | 12242 |
(C) The initial appointments of members of the release | 12243 |
authority shall be for a term of six years for the chairperson and | 12244 |
one member, a term of four years for two members, and a term of | 12245 |
two years for one member. Thereafter, members shall be appointed | 12246 |
for six-year terms until the effective date of this amendment, | 12247 |
after which members shall be appointed for four-year terms. At the | 12248 |
conclusion of a term, a member shall hold office until the | 12249 |
appointment and qualification of the member's successor. The | 12250 |
director shall fill a vacancy occurring before the expiration of a | 12251 |
term for the remainder of that term and, if a member is on | 12252 |
extended leave or disability status for more than thirty work | 12253 |
days, may appoint an interim member to fulfill the duties of that | 12254 |
member.
A member may be reappointed | 12255 |
12256 | |
12257 | |
the director. | 12258 |
(D) The director of youth services shall designate as | 12259 |
chairperson of the release authority one of the members who has | 12260 |
experience in criminal justice, juvenile justice, or an equivalent | 12261 |
relevant profession. The chairperson shall be a managing officer | 12262 |
of the department, shall supervise the members of the board and | 12263 |
the other staff in the bureau, and shall perform all duties and | 12264 |
functions necessary to ensure that the release authority | 12265 |
discharges its responsibilities. The chairperson shall serve as | 12266 |
the official spokesperson for the release authority. | 12267 |
(E) The release authority shall do all of the following: | 12268 |
(1) Serve as the final and sole authority for making | 12269 |
decisions, in the interests of public safety and the children | 12270 |
involved, regarding the release and discharge of all children | 12271 |
committed to the legal custody of the department of youth | 12272 |
services, except children placed by a juvenile court on judicial | 12273 |
release to court supervision or on judicial release to department | 12274 |
of youth services supervision, children who have not completed a | 12275 |
prescribed minimum period of time or prescribed period of time in | 12276 |
a secure facility, or children who are required to remain in a | 12277 |
secure facility until they attain twenty-one years of age; | 12278 |
(2) Establish written policies and procedures for conducting | 12279 |
reviews of the status for all youth in the custody of the | 12280 |
department, setting or modifying dates of release and discharge, | 12281 |
specifying the duration, terms, and conditions of release to be | 12282 |
carried out in supervised release subject to the addition of | 12283 |
additional consistent terms and conditions by a court in | 12284 |
accordance with section 5139.51 of the Revised Code, and giving a | 12285 |
child notice of all reviews; | 12286 |
(3) Maintain records of its official actions, decisions, | 12287 |
orders, and hearing summaries and make the records accessible in | 12288 |
accordance with division (D) of section 5139.05 of the Revised | 12289 |
Code; | 12290 |
(4) Cooperate with public and private agencies, communities, | 12291 |
private groups, and individuals for the development and | 12292 |
improvement of its services; | 12293 |
(5) Collect, develop, and maintain statistical information | 12294 |
regarding its services and decisions; | 12295 |
(6) Submit to the director an annual report that includes a | 12296 |
description of the operations of the release authority, an | 12297 |
evaluation of its effectiveness, recommendations for statutory, | 12298 |
budgetary, or other changes necessary to improve its | 12299 |
effectiveness, and any other information required by the director. | 12300 |
(F) The release authority may do any of the following: | 12301 |
(1) Conduct inquiries, investigations, and reviews and hold | 12302 |
hearings and other proceedings necessary to properly discharge its | 12303 |
responsibilities; | 12304 |
(2) Issue subpoenas, enforceable in a court of law, to compel | 12305 |
a person to appear, give testimony, or produce documentary | 12306 |
information or other tangible items relating to a matter under | 12307 |
inquiry, investigation, review, or hearing; | 12308 |
(3) Administer oaths and receive testimony of persons under | 12309 |
oath; | 12310 |
(4) Request assistance, services, and information from a | 12311 |
public agency to enable the authority to discharge its | 12312 |
responsibilities and receive the assistance, services, and | 12313 |
information from the public agency in a reasonable period of time; | 12314 |
(5) Request from a public agency or any other entity that | 12315 |
provides or has provided services to a child committed to the | 12316 |
department's legal custody information to enable the release | 12317 |
authority to properly discharge its responsibilities with respect | 12318 |
to that child and receive the information from the public agency | 12319 |
or other entity in a reasonable period of time. | 12320 |
(G) The release authority may delegate responsibilities to | 12321 |
hearing officers or other designated staff under the release | 12322 |
authority's auspices. However, the release authority shall not | 12323 |
delegate its authority to make final decisions regarding policy or | 12324 |
the release of a child. | 12325 |
The release authority shall adopt a written policy and | 12326 |
procedures governing appeals of its release and discharge | 12327 |
decisions. | 12328 |
(H) The legal staff of the department of youth services shall | 12329 |
provide assistance to the release authority in the formulation of | 12330 |
policy and in its handling of individual cases. | 12331 |
Sec. 5145.01. Courts shall impose sentences to a state | 12332 |
correctional institution for felonies pursuant to sections 2929.13 | 12333 |
and 2929.14 of the Revised Code. All prison terms may be ended in | 12334 |
the manner provided by law, but no prison term shall exceed the | 12335 |
maximum term provided for the felony of which the prisoner was | 12336 |
convicted as extended pursuant to section
2929.141 | 12337 |
2967.28 of the Revised Code. | 12338 |
If a prisoner is sentenced for two or more separate felonies, | 12339 |
the prisoner's term of imprisonment shall run as a concurrent | 12340 |
sentence, except if the consecutive sentence provisions of | 12341 |
sections 2929.14 and 2929.41 of the Revised Code apply. If | 12342 |
sentenced consecutively, for the purposes of sections 5145.01 to | 12343 |
5145.27 of the Revised Code, the prisoner shall be held to be | 12344 |
serving one continuous term of imprisonment. | 12345 |
If a court imposes a sentence to a state correctional | 12346 |
institution for a felony of the fourth or fifth degree, the | 12347 |
department of rehabilitation and correction, notwithstanding the | 12348 |
court's designation of a state correctional institution as the | 12349 |
place of service of the sentence, may designate that the person | 12350 |
sentenced is to be housed in a county, multicounty, municipal, | 12351 |
municipal-county, or multicounty-municipal jail or workhouse if | 12352 |
authorized pursuant to section 5120.161 of the Revised Code. | 12353 |
If, through oversight or otherwise, a person is sentenced to | 12354 |
a state correctional institution under a definite term for an | 12355 |
offense for which a definite term of imprisonment is not provided | 12356 |
by statute, the sentence shall not thereby become void, but the | 12357 |
person shall be subject to the liabilities of such sections and | 12358 |
receive the benefits thereof, as if the person had been sentenced | 12359 |
in the manner required by this section. | 12360 |
As used in this section, "prison term" has the same meaning | 12361 |
as in section 2929.01 of the Revised Code. | 12362 |
Sec. 5145.163. (A) As used in this section: | 12363 |
(1) "Customer model enterprise" means an enterprise conducted | 12364 |
under a federal prison industries enhancement certification | 12365 |
program in which a private party participates in the enterprise | 12366 |
only as a purchaser of goods and services. | 12367 |
(2) "Employer model enterprise" means an enterprise conducted | 12368 |
under a federal prison industries enhancement certification | 12369 |
program in which a private party participates in the enterprise as | 12370 |
an operator of the enterprise. | 12371 |
(3) "Injury" means a diagnosable injury to an inmate | 12372 |
supported by medical findings that it was sustained in the course | 12373 |
of and arose out of authorized work activity that was an integral | 12374 |
part of the inmate's participation in the Ohio penal industries | 12375 |
program. | 12376 |
(4)
"Inmate" | 12377 |
12378 | |
rehabilitation and correction | 12379 |
12380 | |
the federal prison industries enhancement certification program. | 12381 |
12382 | |
12383 |
| 12384 |
program" means the program authorized pursuant to 18 U.S.C. 1761. | 12385 |
(6) "Loss of earning capacity" means an impairment of the | 12386 |
body of an inmate to a degree that makes the inmate unable to | 12387 |
return to work activity under the Ohio penal industries program | 12388 |
and results in a reduction of compensation earned by the inmate at | 12389 |
the time the injury occurred. | 12390 |
(B) | 12391 |
12392 | |
12393 | |
shall
| 12394 |
policy of disability
insurance | 12395 |
12396 | |
injury and for medical treatment of the injury following the | 12397 |
inmate's release from prison. If the enterprise for which the | 12398 |
inmate works is a customer model enterprise, Ohio penal industries | 12399 |
shall purchase the policy. If the enterprise for which the inmate | 12400 |
works is an employer model enterprise, the private participant | 12401 |
shall purchase the policy. The person required to purchase the | 12402 |
policy shall submit proof of coverage to the prison labor advisory | 12403 |
board before the enterprise begins operation. | 12404 |
(C) | 12405 |
12406 | |
12407 | |
12408 | |
12409 | |
12410 | |
after an inmate sustains an injury, the inmate may file a | 12411 |
disability claim with the person required to purchase the policy | 12412 |
of disability insurance. Upon the request of the insurer, the | 12413 |
inmate shall be medically examined, and the insurer shall | 12414 |
determine the inmate's entitlement to disability benefits based on | 12415 |
the medical examination. The inmate shall accept or reject an | 12416 |
award within thirty days after a determination of the inmate's | 12417 |
entitlement to the award. | 12418 |
benefits
shall
be | 12419 |
prison | 12420 |
12421 | |
12422 | |
12423 | |
benefits payable to the inmate shall be reduced by sick leave | 12424 |
benefits or other compensation for lost pay made by Ohio penal | 12425 |
industries to the inmate due to an injury that rendered the inmate | 12426 |
unable to work. An inmate shall not | 12427 |
benefits for injuries occurring as the result of a fight, assault, | 12428 |
horseplay, purposely self-inflicted injury, use of alcohol or | 12429 |
controlled substances, misuse of prescription drugs, or other | 12430 |
activity that is prohibited by the department's or institution's | 12431 |
inmate conduct rules or the work rules of the private participant | 12432 |
in the enterprise. | 12433 |
(D) | 12434 |
12435 | |
12436 | |
12437 | |
12438 |
| 12439 |
the department of rehabilitation and correction or the private | 12440 |
12441 | |
12442 | |
participant in an enterprise. | 12443 |
| 12444 |
12445 | |
receive compensation or benefits under Chapter 4121., 4123., | 12446 |
4127., or 4131. of the Revised Code for any injury, death, or | 12447 |
occupational disease received in the course of, and arising out | 12448 |
of, participation in | 12449 |
claim for an injury arising from an inmate's participation in the | 12450 |
program is specifically excluded from the jurisdiction of the Ohio | 12451 |
bureau of workers' compensation and the industrial commission of | 12452 |
Ohio. | 12453 |
| 12454 |
12455 | |
shall be the inmate's exclusive remedy against the insurer, the | 12456 |
private
| 12457 |
an inmate rejects an award or a disability claim is denied, the | 12458 |
inmate may bring an action in the court of claims within the | 12459 |
appropriate period of limitations. | 12460 |
| 12461 |
benefits under this
| 12462 |
12463 | |
reincarcerated, the benefits shall immediately cease but shall | 12464 |
resume upon the inmate's subsequent | 12465 |
from incarceration. | 12466 |
Sec. 5149.06. | 12467 |
services section is to assist the counties in developing their own | 12468 |
probation services on either a single-county or multiple-county | 12469 |
basis. The section, within limits of available personnel and | 12470 |
funds, may supervise selected probationers from local courts. | 12471 |
| 12472 |
12473 | |
12474 | |
12475 | |
12476 | |
12477 | |
12478 | |
12479 | |
12480 | |
12481 | |
12482 | |
12483 | |
12484 | |
12485 | |
12486 | |
12487 | |
12488 | |
12489 | |
12490 |
Section 2. That existing sections 9.06, 121.05, 321.44, | 12491 |
341.192, 1713.34, 2921.36, 2929.01, 2929.12, 2929.13, 2929.14, | 12492 |
2929.141, 2929.15, 2929.17, 2929.19, 2929.20, 2935.36, 2943.032, | 12493 |
2949.12, 2951.021, 2951.041, 2953.08, 2953.13, 2967.03, 2967.05, | 12494 |
2967.141, 2967.28, 3923.233, 3923.301, 4507.50, 4507.51, 4701.16, | 12495 |
4703.15, 4707.02, 4709.13, 4712.03, 4715.30, 4717.14, 4719.03, | 12496 |
4723.07, 4723.28, 4725.19, 4725.53, 4727.15, 4728.13, 4729.16, | 12497 |
4729.53, 4729.56, 4730.25, 4731.22, 4731.224, 4731.225, 4731.226, | 12498 |
4731.25, 4732.02, 4732.17, 4733.20, 4734.31, 4734.39, 4735.07, | 12499 |
4735.09, 4735.13, 4735.27, 4735.28, 4738.07, 4738.12, 4738.18, | 12500 |
4740.06, 4740.10, 4741.22, 4747.12, 4749.03, 4749.04, 4749.06, | 12501 |
4751.10, 4753.10, 4755.11, 4755.47, 4755.64, 4757.36, 4758.30, | 12502 |
4759.07, 4760.13, 4760.15, 4761.09, 4762.13, 4762.15, 4763.11, | 12503 |
4765.18, 4765.301, 4771.18, 4779.28, 4781.09, 5120.52, 5120.53, | 12504 |
5120.63, 5139.02, 5139.18, 5139.281, 5139.31, 5139.36, 5139.38, | 12505 |
5139.41, 5139.43, 5139.50, 5145.01, 5145.163, and 5149.06 and | 12506 |
section 2967.11 of the Revised Code is hereby repealed. | 12507 |
Section 3. Sections 2929.01 and 2929.19 of the Revised Code | 12508 |
are presented in this act as composites of the sections as amended | 12509 |
by both Am. Sub. H.B. 461 and Am. Sub. S.B. 260 of the 126th | 12510 |
General Assembly. Sections 2929.13 and 2929.14 of the Revised Code | 12511 |
are presented in this act as composites of the sections as amended | 12512 |
by Am. Sub. H.B. 461, Am. Sub. S.B. 260, and Sub. S.B. 281 all of | 12513 |
the 126th General Assembly. The General Assembly, applying the | 12514 |
principle stated in division (B) of section 1.52 of the Revised | 12515 |
Code that amendments are to be harmonized if reasonably capable of | 12516 |
simultaneous operation, finds that the composites are the | 12517 |
resulting versions of the sections in effect prior to the | 12518 |
effective date of the sections as presented in this act. | 12519 |