As Passed by the House

127th General Assembly Regular Session 2007-2008

Am. Sub. S. B. No. 147

Senator Faber 

Cosponsors: Senators Schuring, Grendell, Wagoner, Morano, Seitz, Mumper, Buehrer, Coughlin, Harris, Miller, D., Padgett, Schaffer, Spada, Stivers, Cafaro, Amstutz, Sawyer, Jacobson, Fedor, Smith, Mason, Cates, Wilson 

Representatives Hagan, R., DeBose, Strahorn, Letson, Williams, B., Boyd, Slesnick, Batchelder, Bolon, Chandler, Combs, Domenick, Dyer, Fende, Flowers, Gardner, Gibbs, Grady, Huffman, Hughes, Luckie, McGregor, J., Mecklenborg, Newcomb, Oelslager, Sayre, Yates, Yuko, Zehringer 

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A BILL

To amend sections 103.73, 103.74, and 5120.55 of the

1

Revised Code to permit the Department of

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Rehabilitation and Correction to recruit certain

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licensed health professionals through a loan

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repayment program and to modify the procedures

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used by the Correctional Institution Inspection

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Committee to inspect correctional institutions.

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

Section 1. That sections 103.73, 103.74, and 5120.55 of the	8
Revised Code be amended to read as follows:	9

Sec. 103.73.  (A) The correctional institution inspection	10
committee shall do all of the following:	11

(1) Subject to division (C) of this section, establish and	12
maintain a continuing program of inspection of each state	13
correctional institution used for the custody, control, training,	14
and rehabilitation of persons convicted of crime and of each	15
private correctional facility. Subject to division (C) of this	16
section, the committee may inspect any local correctional	17
institution used for the same purposes. Subject to division (C) of	18
this section, the committee, and each member of the committee, for	19
the purpose of making an inspection pursuant to this section,	20
shall have access to any state or local correctional institution,	21
to any private correctional facility, or to any part of the	22
institution or facility and shall not be required to give advance	23
notice of, or to make prior arrangements before conducting, an	24
inspection.	25

(2) Evaluate and assist in the development of programs to	26
improve the condition or operation of correctional institutions;	27

(3) Prepare a report for submission to the succeeding general	28
assembly of the findings the committee makes in its inspections	29
and of any programs that have been proposed or developed to	30
improve the condition or operation of the correctional	31
institutions in the state. The report shall contain a separate	32
evaluation of the inmate grievance procedure at each state	33
correctional institution. The committee shall submit the report to	34
the succeeding general assembly within fifteen days after	35
commencement of that general assembly's first regular session.	36

(B) Subject to division (C) of this section, the committee	37
shall make an inspection of each state correctional institution	38
each biennium and of each private correctional facility each	39
biennium. The inspection shall include attendance at one general	40
meal period and one rehabilitative or educational program.	41

(C) An inspection of a state correctional institution, a	42
private correctional facility, or a local correctional institution	43
under division (A) or (B) of this section or under section 103.74	44
of the Revised Code, or an inspection under section 103.76 of the	45
Revised Code, is subject to and shall be conducted in accordance	46
with all of the following:	47

(1) The inspection shall not be conducted unless the	48
chairperson of the committee grants prior approval for the	49
inspection. The grant of prior approval shall specify whether the	50
inspection is to be conducted by a subcommittee appointed under	51
section 103.74 of the Revised Code or is to be conducted other	52
than by a subcommittee appointed under that section.	53

(2) The inspection shall not be conducted unless one of the	54
following applies:	55

(a) If the inspection is to be conducted by a subcommittee	56
appointed under section 103.74 of the Revised Code, at least two	57
members appointed to the committee are present for the inspection;	58

(b) If division (C)(2)(a) of this section does not apply, at	59
least one member appointed to the committee and at least one staff	60
member of the committee are present for the inspectionby at least	61
one staff member of the committee and may include one or more of	62
the members appointed to the committee.	63

(3) Unless the chairperson of the committee determines that	64
the inspection must be conducted outside of normal business hours	65
for any reason, including emergency circumstances or a justifiable	66
cause that perpetuates the mission of the committee, and the	67
chairperson specifies in the grant of prior approval for the	68
inspection that the chairperson has so determined, the inspection	69
shall be conducted only during normal business hours. If the	70
chairperson determines that the inspection must be conducted	71
outside of normal business hours and the chairperson specifies in	72
the grant of prior approval for the inspection that the	73
chairperson has so determined, the inspection may be conducted	74
outside of normal business hours.	75

(4) If the inspection is to be conducted by a subcommittee	76
appointed under section 103.74 of the Revised Code, no staff	77
member of the committee may be present on the inspection unless	78
the chairperson of the committee, in the grant of prior approval	79
for the inspection, specifically authorizes staff members to be	80
present on the inspection. If the inspection is to be conducted	81
other than by a subcommittee appointed under that section, staff	82
members may be present on the inspection regardless of whether the	83
grant of prior approval contains a specific authorization for	84
staff members to be present on the inspection.	85

(D) As used in this section:

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(1) "Local public entity," "out-of-state prisoner," and	87
"private contractor" have the same meanings as in section 9.07 of	88
the Revised Code.	89

(2) "Private correctional facility" means a correctional	90
facility in this state that houses out-of-state prisoners and that	91
is operated by a private contractor under a contract with a local	92
public entity pursuant to section 9.07 of the Revised Code.	93

Sec. 103.74. Subject to division (C) of section 103.73 of	94
the Revised Code, the chairperson of theThe correctional	95
institution inspection committee may appoint subcommittees, each	96
to consist of at least two members, for the purpose of conducting	97
inspections pursuant to section 103.73 or 103.76 of the Revised	98
Code.	99

The committee may employ a director and any other nonlegal	100
staff, who shall be in the unclassified service of the state, that	101
are necessary for the committee to carry out its duties and may	102
contract for the services of whatever nonlegal technical advisors	103
are necessary for the committee to carry out its duties. The	104
attorney general shall act as legal counsel to the committee.	105

The chairperson and vice-chairperson of the legislative	106
service commission shall fix the compensation of the director. The	107
director, with the approval of the director of the legislative	108
service commission, shall fix the compensation of other staff of	109
the committee in accordance with a salary schedule established by	110
the director of the legislative service commission. Contracts for	111
the services of necessary technical advisors shall be approved by	112
the director of the legislative service commission.	113

The general assembly shall biennially appropriate to the	114
correctional institution inspection committee an amount sufficient	115
to enable the committee to perform its duties. Salaries and	116
expenses incurred by the committee shall be paid from that	117
appropriation upon vouchers approved by the chairperson of the	118
committee.	119

Sec. 5120.55.  (A) As used in this section, "physician"	120
"licensed health professional" means an individualany or all of	121
the following:	122

(1) A dentist who holds a current, valid license issued under	123
Chapter 4715. of the Revised Code to practice dentistry;	124

(2) A licensed practical nurse who holds a current, valid	125
license issued under Chapter 4723. of the Revised Code that	126
authorizes the practice of nursing as a licensed practical nurse;	127

(3) An optometrist who holds a current, valid certificate of	128
licensure issued under Chapter 4725. of the Revised Code that	129
authorizes the holder to engage in the practice of optometry;	130

(4) A physician who is authorized under Chapter 4731. of the	131
Revised Code to practice medicine and surgery, osteopathic	132
medicine and surgery, or podiatry;	133

(5) A psychologist who holds a current, valid license issued	134
under Chapter 4732. of the Revised Code that authorizes the	135
practice of psychology as a licensed psychologist;	136

(6) A registered nurse who holds a current, valid license	137
issued under Chapter 4723. of the Revised Code that authorizes the	138
practice of nursing as a registered nurse regardless of whether	139
the nurse is authorized to practice as an advanced practice nurse	140
as defined in section 4723.01 of the Revised Code.	141

(B)(1) The department of rehabilitation and correction may	142
establish a physician recruitment program under which the	143
department, by means of a contract entered into under division (C)	144
of this section, agrees to repay all or part of the principal and	145
interest of a government or other educational loan incurred by a	146
physicianlicensed health professional who agrees to provide	147
services to inmates of correctional institutions under the	148
department's administration. To	149

(2)(a) For a physician to be eligible to participate in the	150
program, athe physician must have attended a school that was,	151
during the time of attendance, a medical school or osteopathic	152
medical school in this country accredited by the liaison committee	153
on medical education or the American osteopathic association, a	154
college of podiatry in this country recognized as being in good	155
standing under section 4731.53 of the Revised Code, or a medical	156
school, osteopathic medical school, or college of podiatry located	157
outside this country that was acknowledged by the world health	158
organization and verified by a member state of that organization	159
as operating within that state's jurisdiction.	160

(b) For a nurse to be eligible to participate in the program,	161
the nurse must have attended a school that was, during the time of	162
attendance, a nursing school in this country accredited by the	163
commission on collegiate nursing education or the national league	164
for nursing accrediting commission or a nursing school located	165
outside this country that was acknowledged by the world health	166
organization and verified by a member state of that organization	167
as operating within that state's jurisdiction.	168

(c) For a dentist to be eligible to participate in the	169
program, the dentist must have attended a school that was, during	170
the time of attendance, a dental college that enabled the dentist	171
to meet the requirements specified in section 4715.10 of the	172
Revised Code to be granted a license to practice dentistry.	173

(d) For an optometrist to be eligible to participate in the	174
program, the optometrist must have attended a school of optometry	175
that was, during the time of attendance, approved by the state	176
board of optometry.	177

(e) For a psychologist to be eligible to participate in the	178
program, the psychologist must have attended an educational	179
institution that, during the time of attendance, maintained a	180
specific degree program recognized by the state board of	181
psychology as acceptable for fulfilling the requirement of	182
division (B)(4) of section 4732.10 of the Revised Code.	183

(C) The department shall enter into a contract with each	184
physicianlicensed health professional it recruits under this	185
section. Each contract shall include at least the following	186
terms:	187

(1) The physicianlicensed health professional agrees to	188
provide a specified scope of medical, osteopathic medical, or	189
podiatric, optometric, psychological, nursing, or dental services	190
to inmates of one or more specified state correctional	191
institutions for a specified number of hours per week for a	192
specified number of years.	193

(2) The department agrees to repay all or a specified portion	194
of the principal and interest of a government or other educational	195
loan taken by the physicianlicensed health professional for the	196
following expenses to attend, for up to a maximum of four years,	197
a school that qualifies the physicianlicensed health	198
professional to participate in the program:	199

(a) Tuition;

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(b) Other educational expenses for specific purposes,	201
including fees, books, and laboratory expenses, in amounts	202
determined to be reasonable in accordance with rules adopted under	203
division (D) of this section;	204

(c) Room and board, in an amount determined to be reasonable	205
in accordance with rules adopted under division (D) of this	206
section.	207

(3) The physicianlicensed health professional agrees to pay	208
the department a specified amount, which shall be no less than	209
the amount already paid by the department pursuant to its	210
agreement, as damages if the physicianlicensed health	211
professional fails to complete the service obligation agreed to	212
or fails to comply with other specified terms of the contract.	213
The contract may vary the amount of damages based on the portion	214
of the physician's service obligation that remains uncompleted.	215

(4) Other terms agreed upon by the parties.

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The physician'slicensed health professional's lending	217
institution or the Ohio board of regents, may be a party to the	218
contract. The contract may include an assignment to the department	219
of the physician'slicensed health professional's duty to repay	220
the principal and interest of the loan.	221

(D) If the department elects to implement the physician	222
recruitment program, it shall adopt rules in accordance with	223
Chapter 119. of the Revised Code that establish all of the	224
following:	225

(1) Criteria for designating institutions for which	226
physicianslicensed health professionals will be recruited;	227

(2) Criteria for selecting physicianslicensed health	228
professionals for participation in the program;	229

(3) Criteria for determining the portion of a physician's	230
loan which the department will agree to repay;	231

(4) Criteria for determining reasonable amounts of the	232
expenses described in divisions (C)(2)(b) and (c) of this section;	233

(5) Procedures for monitoring compliance by physiciansa	234
licensed health professional with the terms of their contracts	235
the contract the licensed health professional enters into under	236
this section;	237

(6) Any other criteria or procedures necessary to implement	238
the program.	239

Section 2. That existing sections 103.73, 103.74, and 5120.55	240
of the Revised Code are hereby repealed.	241