As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 127

Representative Williams, S. 

Cosponsors: Representatives Brown, Mallory, Letson, Hagan, Harris 

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A BILL

To amend sections 3923.233, 3923.301, 4701.16,

1

4703.15, 4707.02, 4707.15, 4709.13, 4712.03,

2

4715.30, 4717.14, 4719.03, 4723.07, 4723.28,

3

4723.34, 4725.19, 4725.53, 4727.15, 4728.13,

4

4729.16, 4729.53, 4729.56, 4730.25, 4731.22,

5

4731.224, 4731.225, 4731.226, 4731.25, 4732.17,

6

4733.20, 4734.31, 4734.39, 4735.07, 4735.09,

7

4735.13, 4735.18, 4735.27, 4735.28, 4738.04,

8

4738.07, 4738.12, 4738.18, 4740.06, 4740.10,

9

4741.22, 4747.12, 4749.03, 4749.04, 4749.06,

10

4751.10, 4753.10, 4755.11, 4755.47, 4755.64,

11

4757.36, 4758.30, 4759.07, 4760.13, 4761.09,

12

4762.13, 4763.11, 4765.18, 4765.301, 4774.13,

13

4779.28, and 4781.09 and to enact section 4743.06

14

of the Revised Code to revise the laws governing

15

issuance of certain professional licenses.

16

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

Section 1.  That sections 3923.233, 3923.301, 4701.16,	17
4703.15, 4707.02, 4707.15, 4709.13, 4712.03, 4715.30, 4717.14,	18
4719.03, 4723.07, 4723.28, 4723.34, 4725.19, 4725.53, 4727.15,	19
4728.13, 4729.16, 4729.53, 4729.56, 4730.25, 4731.22, 4731.224,	20
4731.225, 4731.226, 4731.25, 4732.17, 4733.20, 4734.31, 4734.39,	21
4735.07, 4735.09, 4735.13, 4735.18, 4735.27, 4735.28, 4738.04,	22
4738.07, 4738.12, 4738.18, 4740.06, 4740.10, 4741.22, 4747.12,	23
4749.03, 4749.04, 4749.06, 4751.10, 4753.10, 4755.11, 4755.47,	24
4755.64, 4757.36, 4758.30, 4759.07, 4760.13, 4761.09, 4762.13,	25
4763.11, 4765.18, 4765.301, 4774.13, 4779.28, and 4781.09 be	26
amended and section 4743.06 of the Revised Code be enacted to	27
read as follows:	28

Sec. 3923.233.  Notwithstanding any provision of any	29
certificate furnished by an insurer in connection with or pursuant	30
to any group sickness and accident insurance policy delivered,	31
issued, renewed, or used, in or outside this state, on or after	32
January 1, 1985, and notwithstanding any provision of any policy	33
of insurance delivered, issued for delivery, renewed, or used, in	34
or outside this state, on or after January 1, 1985, whenever the	35
policy or certificate is subject to the jurisdiction of this state	36
and provides for reimbursement for any service that may be legally	37
performed by a certified nurse-midwife who is authorized under	38
section 4723.42 of the Revised Code to practice nurse-midwifery,	39
reimbursement under the policy or certificate shall not be denied	40
to a certified nurse-midwife performing the service in	41
collaboration with a licensed physician. The collaborating	42
physician shall be identified on an insurance claim form.	43

The cost of collaboration with a certified nurse-midwife by a	44
licensed physician as required under section 4723.43 of the	45
Revised Code is a reimbursable expense.	46

The division of any reimbursement payment for services	47
performed by a certified nurse-midwife between the nurse-midwife	48
and the nurse-midwife's collaborating physician shall be	49
determined and mutually agreed upon by the certified nurse-midwife	50
and the physician. The division of fees shall not be considered a	51
violation of division (B)(17)(13) of section 4731.22 of the	52
Revised Code. In no case shall the total fees charged exceed the	53
fee the physician would have charged had the physician provided	54
the entire service.	55

Sec. 3923.301.  Every person, the state and any of its	56
instrumentalities, any county, township, school district, or other	57
political subdivision and any of its instrumentalities, and any	58
municipal corporation and any of its instrumentalities that	59
provides payment for health care benefits for any of its employees	60
resident in this state, which benefits are not provided by	61
contract with an insurer qualified to provide sickness and	62
accident insurance or a health insuring corporation, and that	63
includes reimbursement for any service that may be legally	64
performed by a certified nurse-midwife who is authorized under	65
section 4723.42 of the Revised Code to practice nurse-midwifery,	66
shall not deny reimbursement to a certified nurse-midwife	67
performing the service if the service is performed in	68
collaboration with a licensed physician. The collaborating	69
physician shall be identified on the claim form.	70

The cost of collaboration with a certified nurse-midwife by a	71
licensed physician as required under section 4723.43 of the	72
Revised Code is a reimbursable expense.	73

The division of any reimbursement payment for services	74
performed by a certified nurse-midwife between the nurse-midwife	75
and the nurse-midwife's collaborating physician shall be	76
determined and mutually agreed upon by the certified nurse-midwife	77
and the physician. The division of fees shall not be considered a	78
violation of division (B)(17)(13) of section 4731.22 of the	79
Revised Code. In no case shall the total fees charged exceed the	80
fee the physician would have charged had the physician provided	81
the entire service.	82

Sec. 4701.16.  (A) After notice and hearing as provided in	83
Chapter 119. of the Revised Code, the accountancy board may	84
discipline as described in division (B) of this section a person	85
holding an Ohio permit, an Ohio registration, a firm registration,	86
a CPA certificate, or a PA registration or any other person whose	87
activities are regulated by the board for any one or any	88
combination of the following causes:	89

(1) Fraud or deceit in obtaining a firm registration or in	90
obtaining a CPA certificate, a PA registration, an Ohio permit, or	91
an Ohio registration;	92

(2) Dishonesty, fraud, or gross negligence in the practice of	93
public accounting;	94

(3) Violation of any of the provisions of section 4701.14 of	95
the Revised Code;	96

(4) Violation of a rule of professional conduct promulgated	97
by the board under the authority granted by this chapter;	98

(5) Conviction of or plea of guilty to a felonycriminal	99
offense that is substantially related to the practice of public	100
accounting under the laws of any state or of the United States;	101

(6) Conviction of any crime, an element of which is	102
dishonesty or fraud, under the laws of any state or of the United	103
States;	104

(7) Cancellation, revocation, suspension, or refusal to renew	105
authority to practice as a certified public accountant, a public	106
accountant, or a public accounting firm by any other state, for	107
any cause other than failure to pay registration fees in that	108
other state;	109

(8)(7) Suspension or revocation of the right to practice	110
before any state or federal agency;	111

(9)(8) Failure of a holder of a CPA certificate or PA	112
registration to obtain an Ohio permit or an Ohio registration, or	113
the failure of a public accounting firm to obtain a firm	114
registration;	115

(10)(9) Conduct discreditable to the public accounting	116
profession or to the holder of an Ohio permit, Ohio registration,	117
or foreign certificate;	118

(11)(10) Failure of a public accounting firm to comply with	119
section 4701.04 of the Revised Code.	120

(B) For any of the reasons specified in division (A) of this	121
section, the board may do any of the following:	122

(1) Revoke, suspend, or refuse to renew any CPA certificate	123
or PA registration or any Ohio permit, Ohio registration, or firm	124
registration;	125

(2) Disqualify a person who is not a holder of an Ohio permit	126
or a foreign certificate from owning an equity interest in a	127
public accounting firm or qualified firm;	128

(3) Publicly censure a registered firm or a holder of a CPA	129
certificate, a PA registration, an Ohio permit, or an Ohio	130
registration;	131

(4) Levy against a registered firm or a holder of a CPA	132
certificate, a PA registration, an Ohio permit, or an Ohio	133
registration a penalty or fine not to exceed five thousand dollars	134
for each offense. Any fine shall be reasonable and in relation to	135
the severity of the offense.	136

(5) In the case of violations of division (A)(2) or (4) of	137
this section, require completion of remedial continuing education	138
programs prescribed by the board in addition to those required by	139
section 4701.11 of the Revised Code;	140

(6) In the case of violations of division (A)(2) or (4) of	141
this section, require the holder of a CPA certificate, PA	142
registration, or firm registration to submit to a peer review by a	143
professional committee designated by the board, which committee	144
shall report to the board concerning that holder's compliance with	145
generally accepted accounting principles, generally accepted	146
auditing standards, or other generally accepted technical	147
standards;	148

(7) Revoke or suspend the privileges to offer or render	149
attest services in this state or to use a CPA title or designation	150
in this state of an individual who holds a foreign certificate.	151

(C) If the board levies a fine against or suspends the	152
certificate of a person or registration of a person or firm for a	153
violation of division (A)(2) or (4) of this section, it may waive	154
all or any portion of the fine or suspension if the holder of the	155
CPA certificate, PA registration, or firm registration complies	156
fully with division (B)(5) or (6) of this section.	157

(D) As used in this section, a "criminal offense that is	158
substantially related" has the same meaning as in section 4743.06	159
of the Revised Code.	160

Sec. 4703.15. (A) The architects board may by three	161
concurring votes deny renewal of, revoke, or suspend any	162
certificate of qualification to practice architecture, issued or	163
renewed under sections 4703.10, 4703.13, and 4703.14 of the	164
Revised Code, or any certificate of authorization, issued or	165
renewed under sections 4703.13 and 4703.18 of the Revised Code, if	166
proof satisfactory to the board is presented in any of the	167
following cases:	168

(1) In case it is shown that the certificate was obtained by	169
fraud;	170

(2) In case the holder of the certificate has been found	171
guilty by the board or by a court of justice of any fraud or	172
deceit in the holder's professional practice, or has been	173
convicted of a felony by a court of justice of, or pleaded guilty	174
in a court of justice to, a criminal offense that is substantially	175
related to the practice of architecture;	176

(3) In case the holder has been found guilty by the board of	177
gross negligence, incompetency, or misconduct in the performance	178
of the holder's services as an architect or in the practice of	179
architecture;	180

(4) In case the holder of the certificate has been found	181
guilty by the board of signing plans for the construction of a	182
building as a "registered architect" where the holder is not the	183
actual architect of such building and where the holder is without	184
prior written consent of the architect originating the design or	185
other documents used in the plans;	186

(5) In case the holder of the certificate has been found	187
guilty by the board of aiding and abetting another person or	188
persons not properly registered as required by sections 4703.01 to	189
4703.19 of the Revised Code, in the performance of activities that	190
in any manner or extent constitute the practice of architecture.	191

At any time after the expiration of six months from the date	192
of the revocation or suspension of a certificate, the individual,	193
firm, partnership, association, or corporation may apply for	194
reinstatement of the certificate. Upon showing that all loss	195
caused by the individual, firm, partnership, association, or	196
corporation whose certificate has been revoked or suspended has	197
been fully satisfied and that all conditions imposed by the	198
revocation or suspension decision have been complied with, and	199
upon the payment of all costs incurred by the board as a result of	200
the case at issue, the board, at its discretion and upon evidence	201
that in its opinion would so warrant, may restore the certificate.	202

(B) In addition to disciplinary action the board may take	203
against a certificate holder under division (A) of this section or	204
section 4703.151 of the Revised Code, the board may impose a fine	205
against a certificate holder who obtained a certificate by fraud	206
or who is found guilty of any act specified in divisions (A)(2) to	207
(A)(5) of this section or who violates any rule governing the	208
standards of service, conduct, and practice adopted pursuant to	209
section 4703.02 of the Revised Code. The fine imposed shall be not	210
more than one thousand dollars for each offense but shall not	211
exceed five thousand dollars regardless of the number of offenses	212
the certificate holder has committed between the time the fine is	213
imposed and the time any previous fine was imposed.	214

(C) As used in this section, a "criminal offense that is	215
substantially related" has the same meaning as in section 4743.06	216
of the Revised Code.	217

Sec. 4707.02. (A) No person shall act as an auction firm,	218
auctioneer, apprentice auctioneer, or special auctioneer within	219
this state without a license issued by the department of	220
agriculture. No auction shall be conducted in this state except	221
by an auctioneer licensed by the department.	222

The department shall not issue or renew a license if the	223
applicant or licensee has been convicted of a felony or crime	224
involving fraud or theftor pleaded guilty to a criminal offense	225
that is substantially related to the profession of an auction	226
firm, auctioneer, apprentice auctioneer, or special auctioneer in	227
this or another state at any time during the ten years	228
immediately preceding application or renewal.	229

(B) Division (A) of this section does not apply to any of	230
the following:	231

(1) Sales at auction that either are required by law to be	232
at auction, other than sales pursuant to a judicial order or	233
decree, or are conducted by or under the direction of a public	234
authority;	235

(2) The owner of any real or personal property desiring to	236
sell the property at auction, provided that the property was not	237
acquired for the purpose of resale;	238

(3) An auction mediation company;

239

(4) An auction that is conducted in a course of study for	240
auctioneers that is approved by the state auctioneers commission	241
created under section 4707.03 of the Revised Code for purposes of	242
student training and is supervised by a licensed auctioneer;	243

(5)(a) An auction that is sponsored by a nonprofit or	244
charitable organization that is registered in this state under	245
Chapter 1702. or Chapter 1716. of the Revised Code, respectively,	246
if the auction only involves the property of the members of the	247
organization and the auction is part of a fair that is organized	248
by an agricultural society under Chapter 1711. of the Revised Code	249
or by the Ohio expositions commission under Chapter 991. of the	250
Revised Code at which an auctioneer who is licensed under this	251
chapter physically conducts the auction; or	252

(b) Sales at an auction sponsored by a charitable, religious,	253
or civic organization that is tax exempt under subsection	254
501(c)(3) of the Internal Revenue Code, or by a public school,	255
chartered nonpublic school, or community school, if no person in	256
the business of organizing, arranging, or conducting an auction	257
for compensation and no consignor of consigned items sold at the	258
auction, except such organization or school, receives	259
compensation from the proceeds of the auction. As used in	260
division (B)(5)(b) of this section, "compensation" means money, a	261
thing of value other than participation in a charitable event, or	262
a financial benefit.	263

(6) A person licensed as a livestock dealer under Chapter	264
943. of the Revised Code who exclusively sells livestock and uses	265
an auctioneer who is licensed under this chapter to conduct the	266
auction;	267

(7) A person licensed as a motor vehicle auction owner under	268
Chapter 4517. of the Revised Code who exclusively sells motor	269
vehicles to a person licensed under Chapter 4517. of the Revised	270
Code and who uses an auctioneer who is licensed under this	271
chapter to conduct the auction;	272

(8) A person who sells real or personal property by means of	273
the internet.	274

(C)(1) No person shall advertise or hold oneself out as an	275
auction firm, auctioneer, apprentice auctioneer, or special	276
auctioneer without a license issued by the department of	277
agriculture.	278

(2) Division (C)(1) of this section does not apply to an	279
individual who is the subject of an advertisement regarding an	280
auction conducted under division (B)(5)(b) of this section.	281

(D) As used in this section, a "criminal offense that is	282
substantially related" has the same meaning as in section 4743.06	283
of the Revised Code.	284

Sec. 4707.15. TheAs used in this section, a "criminal	285
offense that is substantially related" has the same meaning as in	286
section 4743.06 of the Revised Code.	287

The department of agriculture may deny, refuse to renew,	288
suspend, or revoke the license of any auction firm, auctioneer,	289
apprentice auctioneer, or special auctioneer for any of the	290
following causes:	291

(A) Obtaining a license through false or fraudulent	292
representation;	293

(B) Making any substantial misrepresentation in an	294
application for a license;	295

(C) A continued course of misrepresentation or for making	296
false promises through agents, advertising, or otherwise;	297

(D) Specifying that an auction is a reserve auction, absolute	298
auction, or estate auction, but not conducting the auction as	299
specified;	300

(E) Failing to account for or remit, within a reasonable	301
time, any money or property belonging to others that comes into	302
the licensee's possession, and for commingling funds of others	303
with the licensee's own, or failing to keep funds of others in an	304
escrow or trust account, except that in the case of a transaction	305
involving real estate, such funds shall be maintained in	306
accordance with division (A)(26) of section 4735.18 of the Revised	307
Code;	308

(F) Paying valuable consideration to any person who has	309
violated this chapter;	310

(G) Conviction inIn a court of competent jurisdiction of	311
this state or any other state, conviction of or plea of guilty to	312
a criminal offense involving fraud, forgery, embezzlement, false	313
pretenses, extortion, conspiracy to defraud, or another similar	314
offense or a felonythat is substantially related to the	315
profession of auctioneer, apprentice auctioneer, or special	316
auctioneer;	317

(H) Violation of this chapter or rules adopted under it;

318

(I) Failure to furnish voluntarily at the time of execution,	319
copies of all written instruments prepared by the auctioneer or	320
auction firm;	321

(J) Any conduct of a person that is licensed under this	322
chapter that demonstrates bad faith, dishonesty, incompetency, or	323
untruthfulness;	324

(K) Any other conduct that constitutes improper, fraudulent,	325
or dishonest dealings;	326

(L) Failing prior to the sale at public auction to enter into	327
a written contract with the owner or consignee of any property to	328
be sold, containing the terms and conditions upon which the	329
licensee received the property for auction;	330

(M) The use of any power of attorney to circumvent this	331
chapter;	332

(N) Failure to display the sign required under section	333
4707.22 of the Revised Code and a notice conspicuously at the	334
clerk's desk or on a bid card that clearly states the terms and	335
conditions of the auction;	336

(O) Failure to notify the department of any conviction of a	337
felony or crime involving fraud within fifteen days of conviction;	338

(P) Aiding an unlicensed person in the performance of	339
services or acts that require a license under this chapter;	340

(Q) The suspension or revocation of a license to engage in	341
auctioneering or other disciplinary action by the licensing	342
authority of another state;	343

(R) The refusal or disapproval by the licensing authority of	344
another state of an application for a license to engage in	345
auctioneering;	346

(S) Failure of a licensee to notify the department of	347
agriculture within fifteen days of a disciplinary action against	348
the licensee by another state's applicable governing authority;	349

(T) Engaging in auctioneering or providing auction services	350
without a license or during the suspension of a license;	351

(U) Attempting to cheat or cheating on an auctioneer	352
examination or aiding another to cheat on an examination.	353

Sec. 4709.13.  (A) The barber board may refuse to issue or	354
renew or may suspend or revoke or impose conditions upon any	355
license issued pursuant to this chapter for any one or more of the	356
following causes:	357

(1) Conviction of or plea of guilty to a felonycriminal	358
offense that is substantially related to the practice of barbering	359
shown by a certified copy of the record of the court of	360
conviction;	361

(2) Advertising by means of knowingly false or deceptive	362
statements;	363

(3) Habitual drunkenness or possession of or addiction to the	364
use of any controlled drug prohibited by state or federal law;	365

(4) Immoral or unprofessional conduct;

366

(5) Continuing to be employed in a barber shop wherein rules	367
of the board or department of health are violated;	368

(6) Employing any person who does not have a current Ohio	369
license to perform the practice of barbering;	370

(7) Owning, managing, operating, or controlling any barber	371
school or portion thereof, wherein the practice of barbering is	372
carried on, whether in the same building or not, without	373
displaying a sign at all entrances to the places where the	374
barbering is carried on, indicating that the work therein is done	375
by students exclusively;	376

(8) Owning, managing, operating, or controlling any barber	377
shop, unless it displays a recognizable sign or barber pole	378
indicating that it is a barber shop, and the sign or pole is	379
clearly visible at the main entrance to the shop;	380

(9) Violating any sanitary rules approved by the department	381
of health or the board;	382

(10) Employing another person to perform or himself	383
personally perform the practice of barbering in a licensed barber	384
shop unless that person is licensed as a barber under this	385
chapter;	386

(11) Gross incompetence.

387

(B) Prior to taking any action under division (A) of this	388
section, the board shall provide the person with a statement of	389
the charges against himthe person and notice of the time and	390
place of a hearing on the charges. The board shall conduct the	391
hearing according to Chapter 119. of the Revised Code. Any person	392
dissatisfied with a decision of the board may appeal the board's	393
decision to the court of common pleas in Franklin county.	394

(C) The board may adopt rules in accordance with Chapter 119.	395
of the Revised Code, specifying additional grounds upon which the	396
board may take action under division (A) of this section.	397

(D) As used in this section, a "criminal offense that is	398
substantially related" has the same meaning as in section 4743.06	399
of the Revised Code.	400

Sec. 4712.03. AfterAs used in this section, a "criminal	401
offense that is substantially related" has the same meaning as in	402
section 4743.06 of the Revised Code.	403

After notice and a hearing conducted in accordance with	404
Chapter 119. of the Revised Code, the superintendent of financial	405
institutions may suspend, revoke, or refuse to issue or renew a	406
certificate of registration if any of the following conditions	407
applies to the applicant for registration or registrant:	408

(A) The applicant or registrant obtained a certificate of	409
registration through any false or fraudulent representation or	410
made any substantial misrepresentation in any registration	411
application.	412

(B) The applicant or registrant made false promises through	413
advertising or other means or engaged in a continued course of	414
misrepresentations.	415

(C) The applicant or registrant violated any provision of	416
Chapter 1345. or sections 4712.01 to 4712.14 of the Revised Code	417
or the rules adopted thereunder.	418

(D) The applicant or registrant was convicted of, or pleaded	419
guilty to, in a court of competent jurisdiction of this state or	420
any other state, of a felony or any criminal offense involving	421
fraudcriminal offense that is substantially related to practice	422
as a credit services organization, or failed to notify the	423
division of financial institutions of any such conviction or	424
guilty plea.	425

(E) The applicant or registrant engaged in conduct that	426
constituted improper, fraudulent, or dishonest dealings.	427

Sec. 4715.30.  (A) The holder of a certificate or license	428
issued under this chapter is subject to disciplinary action by the	429
state dental board for any of the following reasons:	430

(1) Employing or cooperating in fraud or material deception	431
in applying for or obtaining a license or certificate;	432

(2) Obtaining or attempting to obtain money or anything of	433
value by intentional misrepresentation or material deception in	434
the course of practice;	435

(3) Advertising services in a false or misleading manner or	436
violating the board's rules governing time, place, and manner of	437
advertising;	438

(4) Conviction of or plea of guilty to a misdemeanor	439
committed in the course of practice or of any felonycriminal	440
offense that is substantially related to the practice of	441
dentistry;	442

(5) Engaging in lewd or immoral conduct in connection with	443
the provision of dental services;	444

(6) Selling, prescribing, giving away, or administering drugs	445
for other than legal and legitimate therapeutic purposes, or	446
conviction of violating any law of this state or the federal	447
government regulating the possession, distribution, or use of any	448
drug;	449

(7) Providing or allowing dental hygienists, expanded	450
function dental auxiliaries, or other practitioners of auxiliary	451
dental occupations working under the certificate or license	452
holder's supervision, or a dentist holding a temporary limited	453
continuing education license under division (C) of section 4715.16	454
of the Revised Code working under the certificate or license	455
holder's direct supervision, to provide dental care that departs	456
from or fails to conform to accepted standards for the profession,	457
whether or not injury to a patient results;	458

(8) Inability to practice under accepted standards of the	459
profession because of physical or mental disability, dependence on	460
alcohol or other drugs, or excessive use of alcohol or other	461
drugs;	462

(9) Violation of any provision of this chapter or any rule	463
adopted thereunder;	464

(10) Failure to use universal blood and body fluid	465
precautions established by rules adopted under section 4715.03 of	466
the Revised Code;	467

(11) Waiving the payment of all or any part of a deductible	468
or copayment that a patient, pursuant to a health insurance or	469
health care policy, contract, or plan that covers dental services,	470
would otherwise be required to pay if the waiver is used as an	471
enticement to a patient or group of patients to receive health	472
care services from that provider.	473

(12) Advertising that the certificate or license holder will	474
waive the payment of all or any part of a deductible or copayment	475
that a patient, pursuant to a health insurance or health care	476
policy, contract, or plan that covers dental services, would	477
otherwise be required to pay.	478

(B) A manager, proprietor, operator, or conductor of a dental	479
facility shall be subject to disciplinary action if any dentist,	480
dental hygienist, expanded function dental auxiliary, or qualified	481
personnel providing services in the facility is found to have	482
committed a violation listed in division (A) of this section and	483
the manager, proprietor, operator, or conductor knew of the	484
violation and permitted it to occur on a recurring basis.	485

(C) Subject to Chapter 119. of the Revised Code, the board	486
may take one or more of the following disciplinary actions if one	487
or more of the grounds for discipline listed in divisions (A) and	488
(B) of this section exist:	489

(1) Censure the license or certificate holder;

490

(2) Place the license or certificate on probationary status	491
for such period of time the board determines necessary and require	492
the holder to:	493

(a) Report regularly to the board upon the matters which are	494
the basis of probation;	495

(b) Limit practice to those areas specified by the board;

496

(c) Continue or renew professional education until a	497
satisfactory degree of knowledge or clinical competency has been	498
attained in specified areas.	499

(3) Suspend the certificate or license;

500

(4) Revoke the certificate or license.

501

Where the board places a holder of a license or certificate	502
on probationary status pursuant to division (C)(2) of this	503
section, the board may subsequently suspend or revoke the license	504
or certificate if it determines that the holder has not met the	505
requirements of the probation or continues to engage in activities	506
that constitute grounds for discipline pursuant to division (A) or	507
(B) of this section.	508

Any order suspending a license or certificate shall state the	509
conditions under which the license or certificate will be	510
restored, which may include a conditional restoration during which	511
time the holder is in a probationary status pursuant to division	512
(C)(2) of this section. The board shall restore the license or	513
certificate unconditionally when such conditions are met.	514

(D) If the physical or mental condition of a license or	515
certificate holder is at issue in a disciplinary proceeding, the	516
board may order the license or certificate holder to submit to	517
reasonable examinations by an individual designated or approved by	518
the board and at the board's expense. The physical examination may	519
be conducted by any individual authorized by the Revised Code to	520
do so, including a physician assistant, a clinical nurse	521
specialist, a certified nurse practitioner, or a certified	522
nurse-midwife. Any written documentation of the physical	523
examination shall be completed by the individual who conducted the	524
examination.	525

Failure to comply with an order for an examination shall be	526
grounds for summary suspension of a license or certificate under	527
division (E) of this section.	528

(E) If the board has reason to believe that the holder	529
represents a clear and immediate danger to the public health and	530
safety if the holder is allowed to continue to practice, or if the	531
holder has failed to comply with an order under division (D) of	532
this section, the board may apply to the court of common pleas of	533
the county in which the holder resides for an order temporarily	534
suspending the holder's license or certificate, without a prior	535
hearing being afforded by the board, until the board conducts an	536
adjudication hearing pursuant to Chapter 119. of the Revised Code.	537
If the court temporarily suspends a holder's license or	538
certificate, the board shall give written notice of the suspension	539
personally or by certified mail to the license or certificate	540
holder. Such notice shall include specific facts and reasons for	541
finding a clear and immediate danger to the public health and	542
safety and shall inform the license or certificate holder of the	543
right to a hearing pursuant to Chapter 119. of the Revised Code.	544

(F) Any holder of a certificate or license issued under this	545
chapter who has pleaded guilty to, has been convicted of, or has	546
had a judicial finding of eligibility for intervention in lieu of	547
conviction entered against the holder in this state for aggravated	548
murder, murder, voluntary manslaughter, felonious assault,	549
kidnapping, rape, sexual battery, gross sexual imposition,	550
aggravated arson, aggravated robbery, or aggravated burglary, or	551
who has pleaded guilty to, has been convicted of, or has had a	552
judicial finding of eligibility for treatment or intervention in	553
lieu of conviction entered against the holder in another	554
jurisdiction for any substantially equivalent criminal offense, is	555
automatically suspended from practice under this chapter in this	556
state and any certificate or license issued to the holder under	557
this chapter is automatically suspended, as of the date of the	558
guilty plea, conviction, or judicial finding, whether the	559
proceedings are brought in this state or another jurisdiction.	560
Continued practice by an individual after the suspension of the	561
individual's certificate or license under this division shall be	562
considered practicing without a certificate or license. The board	563
shall notify the suspended individual of the suspension of the	564
individual's certificate or license under this division by	565
certified mail or in person in accordance with section 119.07 of	566
the Revised Code. If an individual whose certificate or license is	567
suspended under this division fails to make a timely request for	568
an adjudicatory hearing, the board shall enter a final order	569
revoking the individual's certificate or license.	570

(G) Notwithstanding divisions (A)(11) and (12) of this	571
section, sanctions shall not be imposed against any licensee who	572
waives deductibles and copayments:	573

(1) In compliance with the health benefit plan that expressly	574
allows such a practice. Waiver of the deductibles or copayments	575
shall be made only with the full knowledge and consent of the plan	576
purchaser, payer, and third-party administrator. Such consent	577
shall be made available to the board upon request.	578

(2) For professional services rendered to any other person	579
licensed pursuant to this chapter to the extent allowed by this	580
chapter and the rules of the board.	581

(H) As used in this section, a "criminal offense that is	582
substantially related" has the same meaning as in section 4743.06	583
of the Revised Code.	584

Sec. 4717.14.  (A) The board of embalmers and funeral	585
directors may refuse to grant or renew, or may suspend or revoke,	586
any license issued under this chapter for any of the following	587
reasons:	588

(1) The license was obtained by fraud or misrepresentation	589
either in the application or in passing the examination.	590

(2) The applicant or licensee has been convicted of or has	591
pleaded guilty to a felony or of any crime involving moral	592
turpitudecriminal offense that is substantially related to the	593
profession of imbalming or funeral directing.	594

(3) The applicant or licensee has purposely violated any	595
provision of sections 4717.01 to 4717.15 or a rule adopted under	596
any of those sections; division (A) or (B) of section 4717.23;	597
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	598
or divisions (H) to (K) of section 4717.26; division (D)(1) of	599
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	600
Revised Code; any rule or order of the department of health or a	601
board of health of a health district governing the disposition of	602
dead human bodies; or any other rule or order applicable to the	603
applicant or licensee.	604

(4) The applicant or licensee has committed immoral or	605
unprofessional conduct.	606

(5) The applicant or licensee knowingly permitted an	607
unlicensed person, other than a person serving an apprenticeship,	608
to engage in the profession or business of embalming or funeral	609
directing under the applicant's or licensee's supervision.	610

(6) The applicant or licensee has been habitually	611
intoxicated, or is addicted to the use of morphine, cocaine, or	612
other habit-forming or illegal drugs.	613

(7) The applicant or licensee has refused to promptly submit	614
the custody of a dead human body upon the express order of the	615
person legally entitled to the body.	616

(8) The licensee loaned the licensee's own license, or the	617
applicant or licensee borrowed or used the license of another	618
person, or knowingly aided or abetted the granting of an improper	619
license.	620

(9) The applicant or licensee transferred a license to	621
operate a funeral home, embalming facility, or crematory from one	622
owner or operator to another, or from one location to another,	623
without notifying the board.	624

(10) The applicant or licensee mislead the public by using	625
false or deceptive advertising.	626

(B)(1) The board of embalmers and funeral directors shall	627
refuse to grant or renew, or shall suspend or revoke, an	628
embalmer's, funeral director's, funeral home, or embalming	629
facility license only in accordance with Chapter 119. of the	630
Revised Code.	631

(2) The board shall send to the crematory review board	632
written notice that it proposes to refuse to issue or renew, or	633
proposes to suspend or revoke, a license to operate a crematory	634
facility. If, after the conclusion of the adjudicatory hearing on	635
the matter conducted under division (E) of section 4717.03 of the	636
Revised Code, the board of embalmers and funeral directors finds	637
that any of the circumstances described in divisions (A)(1) to	638
(10) of this section apply to the person named in its proposed	639
action, the board may issue a final order under division (E) of	640
section 4717.03 of the Revised Code refusing to issue or renew, or	641
suspending or revoking, the person's license to operate a	642
crematory facility.	643

(C) If the board of embalmers and funeral directors	644
determines that there is clear and convincing evidence that any of	645
the circumstances described in divisions (A)(1) to (10) of this	646
section apply to the holder of a license issued under this chapter	647
and that the licensee's continued practice presents a danger of	648
immediate and serious harm to the public, the board may suspend	649
the licensee's license without a prior adjudicatory hearing. The	650
executive director of the board shall prepare written allegations	651
for consideration by the board.	652

The board, after reviewing the written allegations, may	653
suspend a license without a prior hearing.	654

The board shall issue a written order of suspension by	655
certified mail or in person in accordance with section 119.07 of	656
the Revised Code. Such an order is not subject to suspension by	657
the court during the pendency of any appeal filed under section	658
119.12 of the Revised Code. If the holder of an embalmer's,	659
funeral director's, funeral home, or embalming facility license	660
requests an adjudicatory hearing by the board, the date set for	661
the hearing shall be within fifteen days, but not earlier than	662
seven days, after the licensee has requested a hearing, unless the	663
board and the licensee agree to a different time for holding the	664
hearing.	665

Upon issuing a written order of suspension to the holder of a	666
license to operate a crematory facility, the board of embalmers	667
and funeral directors shall send written notice of the issuance of	668
the order to the crematory review board. The crematory review	669
board shall hold an adjudicatory hearing on the order under	670
division (E) of section 4717.03 of the Revised Code within fifteen	671
days, but not earlier than seven days, after the issuance of the	672
order, unless the crematory review board and the licensee agree to	673
a different time for holding the adjudicatory hearing.	674

Any summary suspension imposed under this division shall	675
remain in effect, unless reversed on appeal, until a final	676
adjudicatory order issued by the board of embalmers and funeral	677
directors pursuant to this division and Chapter 119. of the	678
Revised Code, or division (E) of section 4717.03 of the Revised	679
Code, as applicable, becomes effective. The board of embalmers and	680
funeral directors shall issue its final adjudicatory order within	681
sixty days after the completion of its hearing or, in the case of	682
the summary suspension of a license to operate a crematory	683
facility, within sixty days after completion of the adjudicatory	684
hearing by the crematory review board. A failure to issue the	685
order within that time results in the dissolution of the summary	686
suspension order, but does not invalidate any subsequent final	687
adjudicatory order.	688

(D) Any holder of a license issued under this chapter who has	689
pleaded guilty to, has been found by a judge or jury to be guilty	690
of, or has had a judicial finding of eligibility for treatment in	691
lieu of conviction entered against the individual in this state	692
for aggravated murder, murder, voluntary manslaughter, felonious	693
assault, kidnapping, rape, sexual battery, gross sexual	694
imposition, aggravated arson, aggravated robbery, or aggravated	695
burglary, or who has pleaded guilty to, has been found by a judge	696
or jury to be guilty of, or has had a judicial finding of	697
eligibility for treatment in lieu of conviction entered against	698
the individual in another jurisdiction for any substantially	699
equivalent criminal offense, is hereby suspended from practice	700
under this chapter by operation of law, and any license issued to	701
the individual under this chapter is hereby suspended by operation	702
of law as of the date of the guilty plea, verdict or finding of	703
guilt, or judicial finding of eligibility for treatment in lieu of	704
conviction, regardless of whether the proceedings are brought in	705
this state or another jurisdiction. The board shall notify the	706
suspended individual of the suspension of the individual's license	707
by the operation of this division by certified mail or in person	708
in accordance with section 119.07 of the Revised Code. If an	709
individual whose license is suspended under this division fails to	710
make a timely request for an adjudicatory hearing, the board shall	711
enter a final order revoking the license.	712

(E) No person whose license has been suspended or revoked	713
under or by the operation of this section shall practice embalming	714
or funeral directing or operate a funeral home, embalming	715
facility, or crematory facility until the board has reinstated the	716
person's license.	717

(F) As used in this section, a "criminal offense that is	718
substantially related" has the same meaning as in section 4743.06	719
of the Revised Code.	720

Sec. 4719.03.  (A) Except as otherwise provided in division	721
(B) of this section, the attorney general shall issue a	722
certificate of registration or registration renewal as a telephone	723
solicitor to any applicant or registrant that submits a completed	724
application for the certificate, as specified under section	725
4719.02 of the Revised Code, and pays, as applicable, the	726
registration fee or renewal fee prescribed pursuant to rule of the	727
attorney general adopted under section 4719.10 of the Revised	728
Code. All fees collected under this division shall be deposited	729
into the state treasury to the credit of the telemarketing fraud	730
enforcement fund created in section 4719.17 of the Revised Code.	731
The certificate of registration or registration renewal shall	732
expire one year after the date on which it is issued.	733

(B) After an adjudication conducted in accordance with	734
Chapter 119. of the Revised Code, the attorney general may deny a	735
certificate of registration or registration renewal or may suspend	736
or revoke a certificate if the attorney general finds, by a	737
preponderance of the evidence, that any of the following	738
conditions apply:	739

(1) The applicant or registrant obtained a certificate of	740
registration or registration renewal through any false or	741
fraudulent representation or made any material misrepresentation	742
in any registration application.	743

(2) The applicant or registrant made false promises through	744
advertising or other means or engaged in a continued course of	745
misrepresentations.	746

(3) The applicant or registrant violated any provision of	747
Chapter 1345. or sections 4719.01 to 4719.18 of the Revised Code	748
or a rule adopted under that chapter or those sections.	749

(4) In a court of competent jurisdiction of this state or any	750
other state or of the United States, the applicant or registrant	751
was convicted of, pleaded guilty to, or entered a plea of no	752
contest for a felony, engaging in a pattern of corrupt activity,	753
racketeering, a violation of federal or state securities law, or a	754
theft offense as defined in section 2913.01 of the Revised Code	755
criminal offense that is substantially related to the profession	756
of telephone solicitor or in a similar law of any other state or	757
of the United States, or failed to notify the attorney general of	758
any conviction or plea of that type as required under division	759
(H) of section 4719.08 of the Revised Code.	760

(5) The applicant or registrant engaged in conduct that	761
constituted improper, fraudulent, or dishonest dealings.	762

(C) As used in this section, a "criminal offense that is	763
substantially related" has the same meaning as in section 4743.06	764
of the Revised Code.	765

Sec. 4723.07.  In accordance with Chapter 119. of the Revised	766
Code, the board of nursing shall adopt and may amend and rescind	767
rules that establish all of the following:	768

(A) Provisions for the board's government and control of its	769
actions and business affairs;	770

(B) Minimum curricula and standards for nursing education	771
programs that prepare graduates to be licensed under this chapter	772
and procedures for granting, renewing, and withdrawing approval of	773
those programs;	774

(C) Criteria that applicants for licensure must meet to be	775
eligible to take examinations for licensure;	776

(D) Standards and procedures for renewal of the licenses and	777
certificates issued by the board;	778

(E) Standards for approval of continuing nursing education	779
programs and courses for registered nurses, licensed practical	780
nurses, certified registered nurse anesthetists, clinical nurse	781
specialists, certified nurse-midwives, and certified nurse	782
practitioners. The standards may provide for approval of	783
continuing nursing education programs and courses that have been	784
approved by other state boards of nursing or by national	785
accreditation systems for nursing, including, but not limited to,	786
the American nurses' credentialing center and the national	787
association for practical nurse education and service.	788

(F) Standards that persons must meet to be authorized by the	789
board to approve continuing nursing education programs and courses	790
and a schedule by which that authorization expires and may be	791
renewed;	792

(G) Requirements, including continuing education	793
requirements, for restoring inactive nursing licenses, dialysis	794
technician certificates, and community health worker certificates,	795
and for restoring nursing licenses, dialysis technician	796
certificates, and community health worker certificates that have	797
lapsed through failure to renew;	798

(H) Conditions that may be imposed for reinstatement of a	799
nursing license, dialysis technician certificate, or community	800
health worker certificate following action taken under section	801
3123.47, 4723.28, 4723.281, or 4723.86 of the Revised Code	802
resulting in a license or certificate suspension;	803

(I) Standards for approval of peer support programs for	804
persons who hold a nursing license, dialysis technician	805
certificate, or community health worker certificate;	806

(J) Requirements for board approval of courses in medication	807
administration by licensed practical nurses;	808

(K) Criteria for evaluating the qualifications of an	809
applicant for a license to practice nursing as a registered nurse	810
or licensed practical nurse, a certificate of authority issued	811
under division (E) of section 4723.41 of the Revised Code, a	812
dialysis technician certificate, or a community health worker	813
certificate by the board's endorsement of the applicant's	814
authority to practice issued by the licensing agency of another	815
state;	816

(L) Universal blood and body fluid precautions that shall be	817
used by each person holding a nursing license or dialysis	818
technician certificate issued under this chapter who performs	819
exposure-prone invasive procedures. The rules shall define and	820
establish requirements for universal blood and body fluid	821
precautions that include the following:	822

(1) Appropriate use of hand washing;

823

(2) Disinfection and sterilization of equipment;

824

(3) Handling and disposal of needles and other sharp	825
instruments;	826

(4) Wearing and disposal of gloves and other protective	827
garments and devices.	828

(M) Standards and procedures for approving certificates of	829
authority to practice nursing as a certified registered nurse	830
anesthetist, clinical nurse specialist, certified nurse-midwife,	831
or certified nurse practitioner, and for renewal of those	832
certificates;	833

(N) Quality assurance standards for certified registered	834
nurse anesthetists, clinical nurse specialists, certified	835
nurse-midwives, or certified nurse practitioners;	836

(O) Additional criteria for the standard care arrangement	837
required by section 4723.431 of the Revised Code entered into by a	838
clinical nurse specialist, certified nurse-midwife, or certified	839
nurse practitioner and the nurse's collaborating physician or	840
podiatrist;	841

(P) Continuing education standards for clinical nurse	842
specialists who are exempt under division (C) of section 4723.41	843
of the Revised Code from the requirement of having passed a	844
certification examination;	845

(Q) For purposes of division (B)(31)(29) of section 4723.28	846
of the Revised Code, the actions, omissions, or other	847
circumstances that constitute failure to establish and maintain	848
professional boundaries with a patient.	849

The board may adopt other rules necessary to carry out the	850
provisions of this chapter. The rules shall be adopted in	851
accordance with Chapter 119. of the Revised Code.	852

Sec. 4723.28.  (A) The board of nursing, by a vote of a	853
quorum, may revoke or may refuse to grant a nursing license,	854
certificate of authority, or dialysis technician certificate to a	855
person found by the board to have committed fraud in passing an	856
examination required to obtain the license, certificate of	857
authority, or dialysis technician certificate or to have committed	858
fraud, misrepresentation, or deception in applying for or securing	859
any nursing license, certificate of authority, or dialysis	860
technician certificate issued by the board.	861

(B) Subject to division (N) of this section, the board of	862
nursing, by a vote of a quorum, may impose one or more of the	863
following sanctions: deny, revoke, suspend, or place restrictions	864
on any nursing license, certificate of authority, or dialysis	865
technician certificate issued by the board; reprimand or otherwise	866
discipline a holder of a nursing license, certificate of	867
authority, or dialysis technician certificate; or impose a fine of	868
not more than five hundred dollars per violation. The sanctions	869
may be imposed for any of the following:	870

(1) Denial, revocation, suspension, or restriction of	871
authority to practice a health care occupation, including nursing	872
or practice as a dialysis technician, for any reason other than a	873
failure to renew, in Ohio or another state or jurisdiction;	874

(2) Engaging in the practice of nursing or engaging in	875
practice as a dialysis technician, having failed to renew a	876
nursing license or dialysis technician certificate issued under	877
this chapter, or while a nursing license or dialysis technician	878
certificate is under suspension;	879

(3) Conviction of, a plea of guilty to, a judicial finding of	880
guilt of, a judicial finding of guilt resulting from a plea of no	881
contest to, or a judicial finding of eligibility for intervention	882
in lieu of conviction for, a misdemeanor committed in the course	883
of practice;	884

(4) Conviction of, a plea of guilty to, a judicial finding of	885
guilt of, a judicial finding of guilt resulting from a plea of no	886
contest to, or a judicial finding of eligibility for intervention	887
in lieu of conviction for, any felony or of any crime involving	888
gross immorality or moral turpitudea criminal offense that is	889
substantially related to the practice of nursing or practice as a	890
dialysis technician;	891

(5)(4) Selling, giving away, or administering drugs or	892
therapeutic devices for other than legal and legitimate	893
therapeutic purposes; or conviction of, a plea of guilty to, a	894
judicial finding of guilt of, a judicial finding of guilt	895
resulting from a plea of no contest to, or a judicial finding of	896
eligibility for intervention in lieu of conviction for, violating	897
any municipal, state, county, or federal drug law;	898

(6)(5) Conviction of, a plea of guilty to, a judicial finding	899
of guilt of, a judicial finding of guilt resulting from a plea of	900
no contest to, or a judicial finding of eligibility for	901
intervention in lieu of conviction for, an act in another	902
jurisdiction that would constitute a felony or a crime of moral	903
turpitude in Ohiocriminal offense that is substantially related	904
to the practice of nursing or practice as a dialysis technician;	905

(7) Conviction of, a plea of guilty to, a judicial finding of	906
guilt of, a judicial finding of guilt resulting from a plea of no	907
contest to, or a judicial finding of eligibility for intervention	908
in lieu of conviction for, an act in the course of practice in	909
another jurisdiction that would constitute a misdemeanor in Ohio;	910

(8)(6) Self-administering or otherwise taking into the body	911
any dangerous drug, as defined in section 4729.01 of the Revised	912
Code, in any way not in accordance with a legal, valid	913
prescription issued for that individual;	914

(9)(7) Habitual indulgence in the use of controlled	915
substances, other habit-forming drugs, or alcohol or other	916
chemical substances to an extent that impairs ability to practice;	917

(10)(8) Impairment of the ability to practice according to	918
acceptable and prevailing standards of safe nursing care because	919
of habitual or excessive use of drugs, alcohol, or other chemical	920
substances that impair the ability to practice;	921

(11)(9) Impairment of the ability to practice according to	922
acceptable and prevailing standards of safe nursing care because	923
of a physical or mental disability;	924

(12)(10) Assaulting or causing harm to a patient or depriving	925
a patient of the means to summon assistance;	926

(13)(11) Obtaining or attempting to obtain money or anything	927
of value by intentional misrepresentation or material deception in	928
the course of practice;	929

(14)(12) Adjudication by a probate court of being mentally	930
ill or mentally incompetent. The board may restore the person's	931
nursing license or dialysis technician certificate upon	932
adjudication by a probate court of the person's restoration to	933
competency or upon submission to the board of other proof of	934
competency.	935

(15)(13) The suspension or termination of employment by the	936
department of defense or the veterans administration of the United	937
States for any act that violates or would violate this chapter;	938

(16)(14) Violation of this chapter or any rules adopted under	939
it;	940

(17)(15) Violation of any restrictions placed on a nursing	941
license or dialysis technician certificate by the board;	942

(18)(16) Failure to use universal blood and body fluid	943
precautions established by rules adopted under section 4723.07 of	944
the Revised Code;	945

(19)(17) Failure to practice in accordance with acceptable	946
and prevailing standards of safe nursing care or safe dialysis	947
care;	948

(20)(18) In the case of a registered nurse, engaging in	949
activities that exceed the practice of nursing as a registered	950
nurse;	951

(21)(19) In the case of a licensed practical nurse, engaging	952
in activities that exceed the practice of nursing as a licensed	953
practical nurse;	954

(22)(20) In the case of a dialysis technician, engaging in	955
activities that exceed those permitted under section 4723.72 of	956
the Revised Code;	957

(23)(21) Aiding and abetting a person in that person's	958
practice of nursing without a license or practice as a dialysis	959
technician without a certificate issued under this chapter;	960

(24)(22) In the case of a certified registered nurse	961
anesthetist, clinical nurse specialist, certified nurse-midwife,	962
or certified nurse practitioner, except as provided in division	963
(M) of this section, either of the following:	964

(a) Waiving the payment of all or any part of a deductible or	965
copayment that a patient, pursuant to a health insurance or health	966
care policy, contract, or plan that covers such nursing services,	967
would otherwise be required to pay if the waiver is used as an	968
enticement to a patient or group of patients to receive health	969
care services from that provider;	970

(b) Advertising that the nurse will waive the payment of all	971
or any part of a deductible or copayment that a patient, pursuant	972
to a health insurance or health care policy, contract, or plan	973
that covers such nursing services, would otherwise be required to	974
pay.	975

(25)(23) Failure to comply with the terms and conditions of	976
participation in the chemical dependency monitoring program	977
established under section 4723.35 of the Revised Code;	978

(26)(24) Failure to comply with the terms and conditions	979
required under the practice intervention and improvement program	980
established under section 4723.282 of the Revised Code;	981

(27)(25) In the case of a certified registered nurse	982
anesthetist, clinical nurse specialist, certified nurse-midwife,	983
or certified nurse practitioner:	984

(a) Engaging in activities that exceed those permitted for	985
the nurse's nursing specialty under section 4723.43 of the Revised	986
Code;	987

(b) Failure to meet the quality assurance standards	988
established under section 4723.07 of the Revised Code.	989

(28)(26) In the case of a clinical nurse specialist,	990
certified nurse-midwife, or certified nurse practitioner, failure	991
to maintain a standard care arrangement in accordance with section	992
4723.431 of the Revised Code or to practice in accordance with the	993
standard care arrangement;	994

(29)(27) In the case of a clinical nurse specialist,	995
certified nurse-midwife, or certified nurse practitioner who holds	996
a certificate to prescribe issued under section 4723.48 of the	997
Revised Code, failure to prescribe drugs and therapeutic devices	998
in accordance with section 4723.481 of the Revised Code;	999

(30)(28) Prescribing any drug or device to perform or induce	1000
an abortion, or otherwise performing or inducing an abortion;	1001

(31)(29) Failure to establish and maintain professional	1002
boundaries with a patient, as specified in rules adopted under	1003
section 4723.07 of the Revised Code;	1004

(32)(30) Regardless of whether the contact or verbal behavior	1005
is consensual, engaging with a patient other than the spouse of	1006
the registered nurse, licensed practical nurse, or dialysis	1007
technician in any of the following:	1008

(a) Sexual contact, as defined in section 2907.01 of the	1009
Revised Code;	1010

(b) Verbal behavior that is sexually demeaning to the patient	1011
or may be reasonably interpreted by the patient as sexually	1012
demeaning.	1013

(33)(31) Assisting suicide as defined in section 3795.01 of	1014
the Revised Code.	1015

(C) Disciplinary actions taken by the board under divisions	1016
(A) and (B) of this section shall be taken pursuant to an	1017
adjudication conducted under Chapter 119. of the Revised Code,	1018
except that in lieu of a hearing, the board may enter into a	1019
consent agreement with an individual to resolve an allegation of a	1020
violation of this chapter or any rule adopted under it. A consent	1021
agreement, when ratified by a vote of a quorum, shall constitute	1022
the findings and order of the board with respect to the matter	1023
addressed in the agreement. If the board refuses to ratify a	1024
consent agreement, the admissions and findings contained in the	1025
agreement shall be of no effect.	1026

(D) The hearings of the board shall be conducted in	1027
accordance with Chapter 119. of the Revised Code, the board may	1028
appoint a hearing examiner, as provided in section 119.09 of the	1029
Revised Code, to conduct any hearing the board is authorized to	1030
hold under Chapter 119. of the Revised Code.	1031

In any instance in which the board is required under Chapter	1032
119. of the Revised Code to give notice of an opportunity for a	1033
hearing and the applicant or license holder does not make a timely	1034
request for a hearing in accordance with section 119.07 of the	1035
Revised Code, the board is not required to hold a hearing, but may	1036
adopt, by a vote of a quorum, a final order that contains the	1037
board's findings. In the final order, the board may order any of	1038
the sanctions listed in division (A) or (B) of this section.	1039

(E) If a criminal action is brought against a registered	1040
nurse, licensed practical nurse, or dialysis technician for an act	1041
or crime described in divisions (B)(3) to (7)(5) of this section	1042
and the action is dismissed by the trial court other than on the	1043
merits, the board shall conduct an adjudication to determine	1044
whether the registered nurse, licensed practical nurse, or	1045
dialysis technician committed the act on which the action was	1046
based. If the board determines on the basis of the adjudication	1047
that the registered nurse, licensed practical nurse, or dialysis	1048
technician committed the act, or if the registered nurse, licensed	1049
practical nurse, or dialysis technician fails to participate in	1050
the adjudication, the board may take action as though the	1051
registered nurse, licensed practical nurse, or dialysis technician	1052
had been convicted of the act.	1053

If the board takes action on the basis of a conviction, plea,	1054
or a judicial finding as described in divisions (B)(3) to (7)(5)	1055
of this section that is overturned on appeal, the registered	1056
nurse, licensed practical nurse, or dialysis technician may, on	1057
exhaustion of the appeal process, petition the board for	1058
reconsideration of its action. On receipt of the petition and	1059
supporting court documents, the board shall temporarily rescind	1060
its action. If the board determines that the decision on appeal	1061
was a decision on the merits, it shall permanently rescind its	1062
action. If the board determines that the decision on appeal was	1063
not a decision on the merits, it shall conduct an adjudication to	1064
determine whether the registered nurse, licensed practical nurse,	1065
or dialysis technician committed the act on which the original	1066
conviction, plea, or judicial finding was based. If the board	1067
determines on the basis of the adjudication that the registered	1068
nurse, licensed practical nurse, or dialysis technician committed	1069
such act, or if the registered nurse, licensed practical nurse, or	1070
dialysis technician does not request an adjudication, the board	1071
shall reinstate its action; otherwise, the board shall permanently	1072
rescind its action.	1073

Notwithstanding the provision of division (C)(2) of section	1074
2953.32 of the Revised Code specifying that if records pertaining	1075
to a criminal case are sealed under that section the proceedings	1076
in the case shall be deemed not to have occurred, sealing of the	1077
records of a conviction on which the board has based an action	1078
under this section shall have no effect on the board's action or	1079
any sanction imposed by the board under this section.	1080

The board shall not be required to seal, destroy, redact, or	1081
otherwise modify its records to reflect the court's sealing of	1082
conviction records.	1083

(F) The board may investigate an individual's criminal	1084
background in performing its duties under this section.	1085

(G) During the course of an investigation conducted under	1086
this section, the board may compel any registered nurse, licensed	1087
practical nurse, or dialysis technician or applicant under this	1088
chapter to submit to a mental or physical examination, or both, as	1089
required by the board and at the expense of the individual, if the	1090
board finds reason to believe that the individual under	1091
investigation may have a physical or mental impairment that may	1092
affect the individual's ability to provide safe nursing care.	1093
Failure of any individual to submit to a mental or physical	1094
examination when directed constitutes an admission of the	1095
allegations, unless the failure is due to circumstances beyond the	1096
individual's control, and a default and final order may be entered	1097
without the taking of testimony or presentation of evidence.	1098

If the board finds that an individual is impaired, the board	1099
shall require the individual to submit to care, counseling, or	1100
treatment approved or designated by the board, as a condition for	1101
initial, continued, reinstated, or renewed authority to practice.	1102
The individual shall be afforded an opportunity to demonstrate to	1103
the board that the individual can begin or resume the individual's	1104
occupation in compliance with acceptable and prevailing standards	1105
of care under the provisions of the individual's authority to	1106
practice.	1107

For purposes of this division, any registered nurse, licensed	1108
practical nurse, or dialysis technician or applicant under this	1109
chapter shall be deemed to have given consent to submit to a	1110
mental or physical examination when directed to do so in writing	1111
by the board, and to have waived all objections to the	1112
admissibility of testimony or examination reports that constitute	1113
a privileged communication.	1114

(H) The board shall investigate evidence that appears to show	1115
that any person has violated any provision of this chapter or any	1116
rule of the board. Any person may report to the board any	1117
information the person may have that appears to show a violation	1118
of any provision of this chapter or rule of the board. In the	1119
absence of bad faith, any person who reports such information or	1120
who testifies before the board in any adjudication conducted under	1121
Chapter 119. of the Revised Code shall not be liable for civil	1122
damages as a result of the report or testimony.	1123

(I) All of the following apply under this chapter with	1124
respect to the confidentiality of information:	1125

(1) Information received by the board pursuant to an	1126
investigation is confidential and not subject to discovery in any	1127
civil action, except that the board may disclose information to	1128
law enforcement officers and government entities investigating a	1129
registered nurse, licensed practical nurse, or dialysis technician	1130
or a person who may have engaged in the unauthorized practice of	1131
nursing. No law enforcement officer or government entity with	1132
knowledge of any information disclosed by the board pursuant to	1133
this division shall divulge the information to any other person or	1134
government entity except for the purpose of an adjudication by a	1135
court or licensing or registration board or officer to which the	1136
person to whom the information relates is a party.	1137

(2) If an investigation requires a review of patient records,	1138
the investigation and proceeding shall be conducted in such a	1139
manner as to protect patient confidentiality.	1140

(3) All adjudications and investigations of the board shall	1141
be considered civil actions for the purposes of section 2305.252	1142
of the Revised Code.	1143

(4) Any board activity that involves continued monitoring of	1144
an individual as part of or following any disciplinary action	1145
taken under this section shall be conducted in a manner that	1146
maintains the individual's confidentiality. Information received	1147
or maintained by the board with respect to the board's monitoring	1148
activities is confidential and not subject to discovery in any	1149
civil action.	1150

(J) Any action taken by the board under this section	1151
resulting in a suspension from practice shall be accompanied by a	1152
written statement of the conditions under which the person may be	1153
reinstated to practice.	1154

(K) When the board refuses to grant a license or certificate	1155
to an applicant, revokes a license or certificate, or refuses to	1156
reinstate a license or certificate, the board may specify that its	1157
action is permanent. An individual subject to permanent action	1158
taken by the board is forever ineligible to hold a license or	1159
certificate of the type that was refused or revoked and the board	1160
shall not accept from the individual an application for	1161
reinstatement of the license or certificate or for a new license	1162
or certificate.	1163

(L) No unilateral surrender of a nursing license, certificate	1164
of authority, or dialysis technician certificate issued under this	1165
chapter shall be effective unless accepted by majority vote of the	1166
board. No application for a nursing license, certificate of	1167
authority, or dialysis technician certificate issued under this	1168
chapter may be withdrawn without a majority vote of the board. The	1169
board's jurisdiction to take disciplinary action under this	1170
section is not removed or limited when an individual has a license	1171
or certificate classified as inactive or fails to renew a license	1172
or certificate.	1173

(M) Sanctions shall not be imposed under division (B)(24)(22)	1174
of this section against any licensee who waives deductibles and	1175
copayments as follows:	1176

(1) In compliance with the health benefit plan that expressly	1177
allows such a practice. Waiver of the deductibles or copayments	1178
shall be made only with the full knowledge and consent of the plan	1179
purchaser, payer, and third-party administrator. Documentation of	1180
the consent shall be made available to the board upon request.	1181

(2) For professional services rendered to any other person	1182
licensed pursuant to this chapter to the extent allowed by this	1183
chapter and the rules of the board.	1184

(N)(1) Any person who enters a prelicensure nursing education	1185
program on or after June 1, 2003, and who subsequently applies	1186
under division (A) of section 4723.09 of the Revised Code for	1187
licensure to practice as a registered nurse or as a licensed	1188
practical nurse and any person who applies under division (B) of	1189
that section for license by endorsement to practice nursing as a	1190
registered nurse or as a licensed practical nurse shall submit a	1191
request to the bureau of criminal identification and investigation	1192
for the bureau to conduct a criminal records check of the	1193
applicant and to send the results to the board, in accordance with	1194
section 4723.09 of the Revised Code.	1195

The board shall refuse to grant a license to practice nursing	1196
as a registered nurse or as a licensed practical nurse under	1197
section 4723.09 of the Revised Code to a person who entered a	1198
prelicensure nursing education program on or after June 1, 2003,	1199
and applied under division (A) of section 4723.09 of the Revised	1200
Code for the license or a person who applied under division (B) of	1201
that section for the license, if the criminal records check	1202
performed in accordance with division (C) of that section	1203
indicates that the person has pleaded guilty to, been convicted	1204
of, or has had a judicial finding of guilt for violating section	1205
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	1206
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	1207
substantially similar law of another state, the United States, or	1208
another country.	1209

(2) Any person who enters a dialysis training program on or	1210
after June 1, 2003, and who subsequently applies for a certificate	1211
to practice as a dialysis technician shall submit a request to the	1212
bureau of criminal identification and investigation for the bureau	1213
to conduct a criminal records check of the applicant and to send	1214
the results to the board, in accordance with section 4723.75 of	1215
the Revised Code.	1216

The board shall refuse to issue a certificate to practice as	1217
a dialysis technician under section 4723.75 of the Revised Code to	1218
a person who entered a dialysis training program on or after June	1219
1, 2003, and whose criminal records check performed in accordance	1220
with division (C) of that section indicates that the person has	1221
pleaded guilty to, been convicted of, or has had a judicial	1222
finding of guilt for violating section 2903.01, 2903.02, 2903.03,	1223
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or	1224
2911.11 of the Revised Code or a substantially similar law of	1225
another state, the United States, or another country.	1226

(O) As used in this section, a "criminal offense that is	1227
substantially related" has the same meaning as in section 4743.06	1228
of the Revised Code.	1229

Sec. 4723.34.  (A) Reports to the board of nursing shall be	1230
made as follows:	1231

(1) Every employer of registered nurses, licensed practical	1232
nurses, or dialysis technicians shall report to the board of	1233
nursing the name of any current or former employee who holds a	1234
nursing license or dialysis technician certificate issued under	1235
this chapter who has engaged in conduct that would be grounds for	1236
disciplinary action by the board under section 4723.28 of the	1237
Revised Code.	1238

Every employer of certified community health workers shall	1239
report to the board the name of any current or former employee who	1240
holds a community health worker certificate issued under this	1241
chapter who has engaged in conduct that would be grounds for	1242
disciplinary action by the board under section 4723.86 of the	1243
Revised Code.	1244

Every employer of medication aides shall report to the board	1245
the name of any current or former employee who holds a medication	1246
aide certificate issued under this chapter who has engaged in	1247
conduct that would be grounds for disciplinary action by the board	1248
under section 4723.652 of the Revised Code.	1249

(2) Nursing associations shall report to the board the name	1250
of any registered nurse or licensed practical nurse and dialysis	1251
technician associations shall report to the board the name of any	1252
dialysis technician who has been investigated and found to	1253
constitute a danger to the public health, safety, and welfare	1254
because of conduct that would be grounds for disciplinary action	1255
by the board under section 4723.28 of the Revised Code, except	1256
that an association is not required to report the individual's	1257
name if the individual is maintaining satisfactory participation	1258
in a peer support program approved by the board under rules	1259
adopted under section 4723.07 of the Revised Code.	1260

Community health worker associations shall report to the	1261
board the name of any certified community health worker who has	1262
been investigated and found to constitute a danger to the public	1263
health, safety, and welfare because of conduct that would be	1264
grounds for disciplinary action by the board under section 4723.86	1265
of the Revised Code, except that an association is not required to	1266
report the individual's name if the individual is maintaining	1267
satisfactory participation in a peer support program approved by	1268
the board under rules adopted under section 4723.07 of the Revised	1269
Code.	1270

Medication aide associations shall report to the board the	1271
name of any medication aide who has been investigated and found to	1272
constitute a danger to the public health, safety, and welfare	1273
because of conduct that would be grounds for disciplinary action	1274
by the board under section 4723.652 of the Revised Code, except	1275
that an association is not required to report the individual's	1276
name if the individual is maintaining satisfactory participation	1277
in a peer support program approved by the board under rules	1278
adopted under section 4723.69 of the Revised Code.	1279

(3) If the prosecutor in a case described in divisions (B)(3)	1280
to (5)and (4) of section 4723.28 of the Revised Code, or in a	1281
case where the trial court issued an order of dismissal upon	1282
technical or procedural grounds of a charge of a misdemeanor	1283
committed in the course of practice, a felony charge, or a charge	1284
of gross immorality or moral turpitude, knows or has reason to	1285
believe that the person charged is licensed under this chapter to	1286
practice nursing as a registered nurse or as a licensed practical	1287
nurse or holds a certificate issued under this chapter to practice	1288
as a dialysis technician, the prosecutor shall notify the board of	1289
nursing. With regard to certified community health workers and	1290
medication aides, if the prosecutor in a case involving a charge	1291
of a misdemeanor committed in the course of employment, a felony	1292
charge, or a charge of gross immorality or moral turpitude,	1293
including a case dismissed on technical or procedural grounds,	1294
knows or has reason to believe that the person charged holds a	1295
community health worker or medication aide certificate issued	1296
under this chapter, the prosecutor shall notify the board.	1297

Each notification required by this division shall be made on	1298
forms prescribed and provided by the board. The report shall	1299
include the name and address of the license or certificate holder,	1300
the charge, and the certified court documents recording the	1301
action.	1302

(B) If any person fails to provide a report required by this	1303
section, the board may seek an order from a court of competent	1304
jurisdiction compelling submission of the report.	1305

Sec. 4725.19.  (A) In accordance with Chapter 119. of the	1306
Revised Code and by an affirmative vote of a majority of its	1307
members, the state board of optometry, for any of the reasons	1308
specified in division (B) of this section, shall refuse to grant a	1309
certificate of licensure to an applicant and may, with respect to	1310
a licensed optometrist, do one or more of the following:	1311

(1) Suspend the operation of any certificate of licensure,	1312
topical ocular pharmaceutical agents certificate, or therapeutic	1313
pharmaceutical agents certificate, or all certificates granted by	1314
it to the optometrist;	1315

(2) Permanently revoke any or all of the certificates;

1316

(3) Limit or otherwise place restrictions on any or all of	1317
the certificates;	1318

(4) Reprimand the optometrist;

1319

(5) Impose a monetary penalty. If the reason for which the	1320
board is imposing the penalty involves a criminal offense that	1321
carries a fine under the Revised Code, the penalty shall not	1322
exceed the maximum fine that may be imposed for the criminal	1323
offense. In any other case, the penalty imposed by the board shall	1324
not exceed five hundred dollars.	1325

(B) The sanctions specified in division (A) of this section	1326
may be taken by the board for any of the following reasons:	1327

(1) Committing fraud in passing the licensing examination or	1328
making false or purposely misleading statements in an application	1329
for a certificate of licensure;	1330

(2) Being at any time guilty of immorality, regardless of the	1331
jurisdiction in which the act was committed;	1332

(3) Being guilty of dishonesty or unprofessional conduct in	1333
the practice of optometry;	1334

(4) Being at any time guilty ofCommission of a felony	1335
criminal offense that is substantially related to the practice of	1336
optometry, regardless of the jurisdiction in which the act	1337
criminal offense was committed;	1338

(5) Being at any time guilty of a misdemeanor committed in	1339
the course of practice, regardless of the jurisdiction in which	1340
the act was committed;	1341

(6) Violating the conditions of any limitation or other	1342
restriction placed by the board on any certificate issued by the	1343
board;	1344

(7)(6) Engaging in the practice of optometry as provided in	1345
division (A)(1), (2), or (3) of section 4725.01 of the Revised	1346
Code when the certificate authorizing that practice is under	1347
suspension, in which case the board shall permanently revoke the	1348
certificate;	1349

(8)(7) Being denied a license to practice optometry in	1350
another state or country or being subject to any other sanction by	1351
the optometric licensing authority of another state or country,	1352
other than sanctions imposed for the nonpayment of fees;	1353

(9)(8) Departing from or failing to conform to acceptable and	1354
prevailing standards of care in the practice of optometry as	1355
followed by similar practitioners under the same or similar	1356
circumstances, regardless of whether actual injury to a patient is	1357
established;	1358

(10)(9) Failing to maintain comprehensive patient records;

1359

(11)(10) Advertising a price of optical accessories, eye	1360
examinations, or other products or services by any means that	1361
would deceive or mislead the public;	1362

(12)(11) Being addicted to the use of alcohol, stimulants,	1363
narcotics, or any other substance which impairs the intellect and	1364
judgment to such an extent as to hinder or diminish the	1365
performance of the duties included in the person's practice of	1366
optometry;	1367

(13)(12) Engaging in the practice of optometry as provided in	1368
division (A)(2) or (3) of section 4725.01 of the Revised Code	1369
without authority to do so or, if authorized, in a manner	1370
inconsistent with the authority granted;	1371

(14)(13) Failing to make a report to the board as required by	1372
division (A) of section 4725.21 or section 4725.31 of the Revised	1373
Code;	1374

(15)(14) Soliciting patients from door to door or	1375
establishing temporary offices, in which case the board shall	1376
suspend all certificates held by the optometrist;	1377

(16)(15) Except as provided in division (D) of this section:

1378

(a) Waiving the payment of all or any part of a deductible or	1379
copayment that a patient, pursuant to a health insurance or health	1380
care policy, contract, or plan that covers optometric services,	1381
would otherwise be required to pay if the waiver is used as an	1382
enticement to a patient or group of patients to receive health	1383
care services from that optometrist.	1384

(b) Advertising that the optometrist will waive the payment	1385
of all or any part of a deductible or copayment that a patient,	1386
pursuant to a health insurance or health care policy, contract, or	1387
plan that covers optometric services, would otherwise be required	1388
to pay.	1389

(C) Any person who is the holder of a certificate of	1390
licensure, or who is an applicant for a certificate of licensure	1391
against whom is preferred any charges, shall be furnished by the	1392
board with a copy of the complaint and shall have a hearing before	1393
the board in accordance with Chapter 119. of the Revised Code.	1394

(D) Sanctions shall not be imposed under division (B)(16)(15)	1395
of this section against any optometrist who waives deductibles and	1396
copayments:	1397

(1) In compliance with the health benefit plan that expressly	1398
allows such a practice. Waiver of the deductibles or copayments	1399
shall be made only with the full knowledge and consent of the plan	1400
purchaser, payer, and third-party administrator. Documentation of	1401
the consent shall be made available to the board upon request.	1402

(2) For professional services rendered to any other	1403
optometrist licensed by the board, to the extent allowed by	1404
sections 4725.01 to 4725.34 of the Revised Code and the rules of	1405
the board.	1406

(E) As used in this section, a "criminal offense that is	1407
substantially related" has the same meaning as in section 4743.06	1408
of the Revised Code.	1409

Sec. 4725.53.  (A) The Ohio optical dispensers board, by a	1410
majority vote of its members, may refuse to grant a license and,	1411
in accordance with Chapter 119. of the Revised Code, may suspend	1412
or revoke the license of a licensed dispensing optician or impose	1413
a fine or order restitution pursuant to division (B) of this	1414
section on any of the following grounds:	1415

(1) Conviction of a felony or a crime involving moral	1416
turpitudeor plea of guilty to a criminal offense that is	1417
substantially related to the practice of optical dispensing;	1418

(2) Obtaining or attempting to obtain a license by fraud or	1419
deception;	1420

(3) Obtaining any fee or making any sale of an optical aid by	1421
means of fraud or misrepresentation;	1422

(4) Habitual indulgence in the use of controlled substances	1423
or other habit-forming drugs, or in the use of alcoholic liquors	1424
to an extent that affects professional competency;	1425

(5) Finding by a court of competent jurisdiction that the	1426
applicant or licensee is incompetent by reason of mental illness	1427
and no subsequent finding by the court of competency;	1428

(6) Finding by a court of law that the licensee is guilty of	1429
incompetence or negligence in the dispensing of optical aids;	1430

(7) Knowingly permitting or employing a person whose license	1431
has been suspended or revoked or an unlicensed person to engage in	1432
optical dispensing;	1433

(8) Permitting another person to use histhe licensee's	1434
license;	1435

(9) Engaging in optical dispensing not pursuant to the	1436
prescription of a licensed physician or licensed optometrist, but	1437
nothing in this section shall prohibit the duplication or	1438
replacement of previously prepared optical aids, except contact	1439
lenses shall not be duplicated or replaced without a written	1440
prescription;	1441

(10) Violation of sections 4725.40 to 4725.59 of the Revised	1442
Code;	1443

(11) Waiving the payment of all or any part of a deductible	1444
or copayment that a patient, pursuant to a health insurance or	1445
health care policy, contract, or plan that covers optical	1446
dispensing services, would otherwise be required to pay if the	1447
waiver is used as an enticement to a patient or group of patients	1448
to receive health care services from that provider.	1449

(12) Advertising that hethe licensee will waive the payment	1450
of all or any part of a deductible or copayment that a patient,	1451
pursuant to a health insurance or health care policy, contract, or	1452
plan that covers optical dispensing services, would otherwise be	1453
required to pay.	1454

(B) The board may impose a fine of not more than five hundred	1455
dollars for a first occurrence of an action that is grounds for	1456
discipline under this section and of not less than five hundred	1457
nor more than one thousand dollars for a subsequent occurrence, or	1458
may order the licensee to make restitution to a person who has	1459
suffered a financial loss as a result of the licensee's failure to	1460
comply with sections 4725.40 to 4725.59 of the Revised Code.	1461

(C) Notwithstanding divisions (A)(11) and (12) of this	1462
section, sanctions shall not be imposed against any licensee who	1463
waives deductibles and copayments:	1464

(1) In compliance with the health benefit plan that expressly	1465
allows such a practice. Waiver of the deductibles or copays shall	1466
be made only with the full knowlege and consent of the plan	1467
purchaser, payer, and third-party administrator. Such consent	1468
shall be made available to the board upon request.	1469

(2) For professional services rendered to any other person	1470
licensed pursuant to this chapter to the extent allowed by this	1471
chapter and the rules of the board.	1472

(D) As used in this section, a "criminal offense that is	1473
substantially related" has the same meaning as in section 4743.06	1474
of the Revised Code.	1475

Sec. 4727.15.  (A) No person licensed as a pawnbroker under	1476
this chapter, and no agent, officer, or employee thereof, shall	1477
violate this chapter.	1478

(B) Upon the criminal conviction of a licensee or any	1479
employee, manager, officer, director, shareholder, member, or	1480
partner of a licensee for a violation of this chapter, the	1481
superintendent of financial institutions may suspend the license	1482
of the licensee without a prior hearing to protect the public	1483
interest and subsequently may act to revoke the license of the	1484
licensee pursuant to chapterChapter 119. of the Revised Code.	1485

(C) Upon the criminal conviction of a licensee or any	1486
employee, manager, officer, director, shareholder, member, or	1487
partner of a licensee under any section in Title XXIX of the	1488
Revised Code or under federal law for theft, receiving stolen	1489
property, or money laundering, the superintendent may suspend the	1490
license of the licensee without a prior hearing to protect the	1491
public interest and subsequently may act to revoke the license of	1492
the licensee pursuant to chapterChapter 119. of the Revised Code.	1493

(D) Upon the criminal conviction of or a plea of guilty by a	1494
licensee under any section of Title XXIX of the Revised Code or	1495
under federal law for a crimecriminal offense substantially	1496
related to the profession of pawnbroker other than theft,	1497
receiving stolen property, or money laundering, the superintendent	1498
may assess a penalty against the licensee or act to revoke or	1499
suspend the license of the licensee pursuant to chapterChapter	1500
119. of the Revised Code.	1501

(E) As used in this section, a "criminal offense that is	1502
substantially related" has the same meaning as in section 4743.06	1503
of the Revised Code.	1504

Sec. 4728.13.  (A) No person, firm, partnership, corporation,	1505
or association, and no agent, officer, or employee thereof, shall	1506
violate this chapter. The division of financial institutions upon	1507
a criminal conviction for a violation of this chapter shall revoke	1508
any license theretofore issued to the person, firm, partnership,	1509
corporation, or association. The division also may revoke or	1510
suspend the license of any licensee in accordance with section	1511
4728.03 of the Revised Code upon a criminal conviction of or plea	1512
of guilty by the licensee for any felonycriminal offense or crime	1513
involving moral turpitudesubstantially related to the profession	1514
of precious metals dealer.	1515

(B) No person shall obstruct or refuse to permit any	1516
investigation conducted under this chapter by the superintendent	1517
of financial institutions, a person acting on behalf of an agency	1518
or a political subdivision of this state, or a law enforcement	1519
officer. All articles purchased by a person licensed under this	1520
chapter shall be made promptly available for inspection by these	1521
officials.	1522

(C) In any proceeding or action brought under this chapter,	1523
the burden of proving an exemption from a requirement of this	1524
chapter falls on the person claiming the benefit of the exemption.	1525

(D) As used in this section, a "criminal offense that is	1526
substantially related" has the same meaning as in section 4743.06	1527
of the Revised Code.	1528

Sec. 4729.16.  (A) The state board of pharmacy, after notice	1529
and hearing in accordance with Chapter 119. of the Revised Code,	1530
may revoke, suspend, limit, place on probation, or refuse to grant	1531
or renew an identification card, or may impose a monetary penalty	1532
or forfeiture not to exceed in severity any fine designated under	1533
the Revised Code for a similar offense, or in the case of a	1534
violation of a section of the Revised Code that does not bear a	1535
penalty, a monetary penalty or forfeiture of not more than five	1536
hundred dollars, if the board finds a pharmacist or pharmacy	1537
intern:	1538

(1) Guilty of a felony or gross immoralitycriminal offense	1539
substantially related to the practice of pharmacy;	1540

(2) Guilty of dishonesty or unprofessional conduct in the	1541
practice of pharmacy;	1542

(3) Addicted to or abusing liquor or drugs or impaired	1543
physically or mentally to such a degree as to render the	1544
pharmacist or pharmacy intern unfit to practice pharmacy;	1545

(4) Has been convicted of a misdemeanor related to, or	1546
committed in, the practice of pharmacy;	1547

(5) Guilty of willfully violating, conspiring to violate,	1548
attempting to violate, or aiding and abetting the violation of any	1549
of the provisions of this chapter, sections 3715.52 to 3715.72 of	1550
the Revised Code, Chapter 2925. or 3719. of the Revised Code, or	1551
any rule adopted by the board under those provisions;	1552

(6)(5) Guilty of permitting anyone other than a pharmacist or	1553
pharmacy intern to practice pharmacy;	1554

(7)(6) Guilty of knowingly lending the pharmacist's or	1555
pharmacy intern's name to an illegal practitioner of pharmacy or	1556
having professional connection with an illegal practitioner of	1557
pharmacy;	1558

(8)(7) Guilty of dividing or agreeing to divide remuneration	1559
made in the practice of pharmacy with any other individual,	1560
including, but not limited to, any licensed health professional	1561
authorized to prescribe drugs or any owner, manager, or employee	1562
of a health care facility, residential care facility, or nursing	1563
home;	1564

(9)(8) Has violated the terms of a consult agreement entered	1565
into pursuant to section 4729.39 of the Revised Code;	1566

(10)(9) Has committed fraud, misrepresentation, or deception	1567
in applying for or securing a license or identification card	1568
issued by the board under this chapter or under Chapter 3715. or	1569
3719. of the Revised Code.	1570

(B) Any individual whose identification card is revoked,	1571
suspended, or refused, shall return the identification card and	1572
license to the offices of the state board of pharmacy within ten	1573
days after receipt of notice of such action.	1574

(C) As used in this section:

1575

(1) "Unprofessional conduct in the practice of pharmacy"	1576
includes any of the following:	1577

(1)(a) Advertising or displaying signs that promote dangerous	1578
drugs to the public in a manner that is false or misleading;	1579

(2)(b) Except as provided in section 4729.281 of the Revised	1580
Code, the sale of any drug for which a prescription is required,	1581
without having received a prescription for the drug;	1582

(3)(c) Knowingly dispensing medication pursuant to false or	1583
forged prescriptions;	1584

(4)(d) Knowingly failing to maintain complete and accurate	1585
records of all dangerous drugs received or dispensed in compliance	1586
with federal laws and regulations and state laws and rules;	1587

(5)(e) Obtaining any remuneration by fraud,	1588
misrepresentation, or deception.	1589

(2) A "criminal offense that is substantially related" has	1590
the same meaning as in section 4743.06 of the Revised Code.	1591

(D) The board may suspend a license or identification card	1592
under division (B) of section 3719.121 of the Revised Code by	1593
utilizing a telephone conference call to review the allegations	1594
and take a vote.	1595

(E) If, pursuant to an adjudication under Chapter 119. of the	1596
Revised Code, the board has reasonable cause to believe that a	1597
pharmacist or pharmacy intern is physically or mentally impaired,	1598
the board may require the pharmacist or pharmacy intern to submit	1599
to a physical or mental examination, or both.	1600

Sec. 4729.53.  (A) The board of pharmacy shall not register	1601
any person as a wholesale distributor of dangerous drugs unless	1602
the applicant for registration furnishes satisfactory proof to the	1603
board of pharmacy that hethe applicant meets all of the	1604
following:	1605

(1) That if the applicant has been convicted of or pleaded	1606
guilty to a violation of any federal, state, or local law	1607
relating to drug samples, wholesale or retail drug distribution,	1608
or distribution of controlled substances or of a felonycriminal	1609
offense substantially related to the profession of wholesale	1610
distributor of dangerous drugs, or if a federal, state, or local	1611
governmental entity has suspended or revoked any current or prior	1612
license or registration of the applicant for the manufacture or	1613
sale of any dangerous drugs, including controlled substances, the	1614
applicant, to the satisfaction of the board, assures that hethe	1615
applicant has in place adequate safeguards to prevent the	1616
recurrence of any such violations;	1617

(2) The applicant's past experience in the manufacture or	1618
distribution of dangerous drugs, including controlled substances,	1619
is acceptable to the board.	1620

(3) The applicant is equipped as to land, buildings,	1621
equipment, and personnel to properly carry on the business of a	1622
wholesale distributor of dangerous drugs, including providing	1623
adequate security for and proper storage conditions and handling	1624
for dangerous drugs, and is complying with the requirements under	1625
this chapter and the rules adopted pursuant thereto for	1626
maintaining and making available records to properly identified	1627
board officials and federal, state, and local law enforcement	1628
agencies.	1629

(4) Personnel employed by the applicant have the appropriate	1630
education or experience, as determined by the board, to assume	1631
responsibility for positions related to compliance with this	1632
chapter and the rules adopted pursuant thereto.	1633

(5) The applicant has designated the name and address of a	1634
person to whom communications from the board may be directed and	1635
upon whom the notices and citations provided for in section	1636
4729.56 of the Revised Code may be served.	1637

(6) Adequate safeguards are assured to prevent the sale of	1638
dangerous drugs to any person other than those named in division	1639
(B) of section 4729.51 of the Revised Code.	1640

(7) Any other requirement or qualification the board, by rule	1641
adopted in accordance with Chapter 119. of the Revised Code,	1642
considers relevant to and consistent with the public safety and	1643
health.	1644

(B) The board may refuse to register or renew the	1645
registration certificate of any person if the board determines	1646
that the granting of the registration certificate or its renewal	1647
is not in the public interest.	1648

(C) As used in this section, a "criminal offense that is	1649
substantially related" has the same meaning as in section 4743.06	1650
of the Revised Code.	1651

Sec. 4729.56.  (A) In accordance with Chapter 119. of the	1652
Revised Code, the board of pharmacy may suspend, revoke, or refuse	1653
to renew any registration certificate issued to a wholesale	1654
distributor of dangerous drugs pursuant to section 4729.52 of the	1655
Revised Code or may impose a monetary penalty or forfeiture not to	1656
exceed in severity any fine designated under the Revised Code for	1657
a similar offense or one thousand dollars if the acts committed	1658
are not classified as an offense by the Revised Code for any of	1659
the following causes:	1660

(1) Making any false material statements in an application	1661
for registration as a wholesale distributor of dangerous drugs;	1662

(2) Violating any federal, state, or local drug law; any	1663
provision of this chapter or Chapter 2925., 3715., or 3719. of the	1664
Revised Code; or any rule of the board;	1665

(3) A conviction of a felonyor plea of guilty to a criminal	1666
offense that is substantially related to the practice of pharmacy;	1667

(4) Ceasing to satisfy the qualifications for registration	1668
under section 4729.53 of the Revised Code or the rules of the	1669
board.	1670

(B) Upon the suspension or revocation of the registration	1671
certificate of any wholesale distributor of dangerous drugs, the	1672
distributor shall immediately surrender histhe distributor's	1673
registration certificate to the board.	1674

(C) If the board suspends, revokes, or refuses to renew any	1675
registration certificate issued to a wholesale distributor of	1676
dangerous drugs and determines that there is clear and convincing	1677
evidence of a danger of immediate and serious harm to any person,	1678
the board may place under seal all dangerous drugs owned by or in	1679
the possession, custody, or control of the affected wholesale	1680
distributor of dangerous drugs. Except as provided in this	1681
division, the board shall not dispose of the dangerous drugs	1682
sealed under this division until the wholesale distributor of	1683
dangerous drugs exhausts all of histhe distributor's appeal	1684
rights under Chapter 119. of the Revised Code. The court involved	1685
in such an appeal may order the board, during the pendency of the	1686
appeal, to sell sealed dangerous drugs that are perishable. The	1687
board shall deposit the proceeds of the sale with the court.	1688

(D) As used in this section, a "criminal offense that is	1689
substantially related" has the same meaning as in section 4743.06	1690
of the Revised Code.	1691

Sec. 4730.25.  (A) The state medical board, by an affirmative	1692
vote of not fewer than six members, may revoke or may refuse to	1693
grant a certificate to practice as a physician assistant or a	1694
certificate to prescribe to a person found by the board to have	1695
committed fraud, misrepresentation, or deception in applying for	1696
or securing the certificate.	1697

(B) The board, by an affirmative vote of not fewer than six	1698
members, shall, to the extent permitted by law, limit, revoke, or	1699
suspend an individual's certificate to practice as a physician	1700
assistant or certificate to prescribe, refuse to issue a	1701
certificate to an applicant, refuse to reinstate a certificate, or	1702
reprimand or place on probation the holder of a certificate for	1703
any of the following reasons:	1704

(1) Failure to practice in accordance with the conditions	1705
under which the supervising physician's supervision agreement with	1706
the physician assistant was approved, including the requirement	1707
that when practicing under a particular supervising physician, the	1708
physician assistant must practice only according to the physician	1709
supervisory plan the board approved for that physician or the	1710
policies of the health care facility in which the supervising	1711
physician and physician assistant are practicing;	1712

(2) Failure to comply with the requirements of this chapter,	1713
Chapter 4731. of the Revised Code, or any rules adopted by the	1714
board;	1715

(3) Violating or attempting to violate, directly or	1716
indirectly, or assisting in or abetting the violation of, or	1717
conspiring to violate, any provision of this chapter, Chapter	1718
4731. of the Revised Code, or the rules adopted by the board;	1719

(4) Inability to practice according to acceptable and	1720
prevailing standards of care by reason of mental illness or	1721
physical illness, including physical deterioration that adversely	1722
affects cognitive, motor, or perceptive skills;	1723

(5) Impairment of ability to practice according to acceptable	1724
and prevailing standards of care because of habitual or excessive	1725
use or abuse of drugs, alcohol, or other substances that impair	1726
ability to practice;	1727

(6) Administering drugs for purposes other than those	1728
authorized under this chapter;	1729

(7) Willfully betraying a professional confidence;

1730

(8) Making a false, fraudulent, deceptive, or misleading	1731
statement in soliciting or advertising for employment as a	1732
physician assistant; in connection with any solicitation or	1733
advertisement for patients; in relation to the practice of	1734
medicine as it pertains to physician assistants; or in securing or	1735
attempting to secure a certificate to practice as a physician	1736
assistant, a certificate to prescribe, or approval of a	1737
supervision agreement.	1738

As used in this division, "false, fraudulent, deceptive, or	1739
misleading statement" means a statement that includes a	1740
misrepresentation of fact, is likely to mislead or deceive because	1741
of a failure to disclose material facts, is intended or is likely	1742
to create false or unjustified expectations of favorable results,	1743
or includes representations or implications that in reasonable	1744
probability will cause an ordinarily prudent person to	1745
misunderstand or be deceived.	1746

(9) Representing, with the purpose of obtaining compensation	1747
or other advantage personally or for any other person, that an	1748
incurable disease or injury, or other incurable condition, can be	1749
permanently cured;	1750

(10) The obtaining of, or attempting to obtain, money or	1751
anything of value by fraudulent misrepresentations in the course	1752
of practice;	1753

(11) A plea of guilty to, a judicial finding of guilt of, or	1754
a judicial finding of eligibility for intervention in lieu of	1755
conviction for, a felonycriminal offense that is substantially	1756
related to practice as a physician assistant;	1757

(12) Commission of an act that constitutes a felonycriminal	1758
offense that is substantially related to practice as a physician	1759
assistant in this state, regardless of the jurisdiction in which	1760
the act was committed;	1761

(13) A plea of guilty to, a judicial finding of guilt of, or	1762
a judicial finding of eligibility for intervention in lieu of	1763
conviction for, a misdemeanor committed in the course of practice;	1764

(14) A plea of guilty to, a judicial finding of guilt of, or	1765
a judicial finding of eligibility for intervention in lieu of	1766
conviction for, a misdemeanor involving moral turpitude;	1767

(15) Commission of an act in the course of practice that	1768
constitutes a misdemeanor in this state, regardless of the	1769
jurisdiction in which the act was committed;	1770

(16) Commission of an act involving moral turpitude that	1771
constitutes a misdemeanor in this state, regardless of the	1772
jurisdiction in which the act was committed;	1773

(17) A plea of guilty to, a judicial finding of guilt of, or	1774
a judicial finding of eligibility for intervention in lieu of	1775
conviction for violating any state or federal law regulating the	1776
possession, distribution, or use of any drug, including	1777
trafficking in drugs;	1778

(18)(14) Any of the following actions taken by the state	1779
agency responsible for regulating the practice of physician	1780
assistants in another state, for any reason other than the	1781
nonpayment of fees: the limitation, revocation, or suspension of	1782
an individual's license to practice; acceptance of an individual's	1783
license surrender; denial of a license; refusal to renew or	1784
reinstate a license; imposition of probation; or issuance of an	1785
order of censure or other reprimand;	1786

(19)(15) A departure from, or failure to conform to, minimal	1787
standards of care of similar physician assistants under the same	1788
or similar circumstances, regardless of whether actual injury to a	1789
patient is established;	1790

(20)(16) Violation of the conditions placed by the board on a	1791
certificate to practice as a physician assistant, a certificate to	1792
prescribe, a physician supervisory plan, or supervision agreement;	1793

(21)(17) Failure to use universal blood and body fluid	1794
precautions established by rules adopted under section 4731.051 of	1795
the Revised Code;	1796

(22)(18) Failure to cooperate in an investigation conducted	1797
by the board under section 4730.26 of the Revised Code, including	1798
failure to comply with a subpoena or order issued by the board or	1799
failure to answer truthfully a question presented by the board at	1800
a deposition or in written interrogatories, except that failure to	1801
cooperate with an investigation shall not constitute grounds for	1802
discipline under this section if a court of competent jurisdiction	1803
has issued an order that either quashes a subpoena or permits the	1804
individual to withhold the testimony or evidence in issue;	1805

(23)(19) Assisting suicide as defined in section 3795.01 of	1806
the Revised Code;	1807

(24)(20) Prescribing any drug or device to perform or induce	1808
an abortion, or otherwise performing or inducing an abortion.	1809

(C) Disciplinary actions taken by the board under divisions	1810
(A) and (B) of this section shall be taken pursuant to an	1811
adjudication under Chapter 119. of the Revised Code, except that	1812
in lieu of an adjudication, the board may enter into a consent	1813
agreement with a physician assistant or applicant to resolve an	1814
allegation of a violation of this chapter or any rule adopted	1815
under it. A consent agreement, when ratified by an affirmative	1816
vote of not fewer than six members of the board, shall constitute	1817
the findings and order of the board with respect to the matter	1818
addressed in the agreement. If the board refuses to ratify a	1819
consent agreement, the admissions and findings contained in the	1820
consent agreement shall be of no force or effect.	1821

(D) For purposes of divisionsdivision (B)(12), (15), and	1822
(16) of this section, the commission of the act may be established	1823
by a finding by the board, pursuant to an adjudication under	1824
Chapter 119. of the Revised Code, that the applicant or	1825
certificate holder committed the act in question. The board shall	1826
have no jurisdiction under these divisionsthat division in cases	1827
where the trial court renders a final judgment in the certificate	1828
holder's favor and that judgment is based upon an adjudication on	1829
the merits. The board shall have jurisdiction under these	1830
divisionsthat division in cases where the trial court issues an	1831
order of dismissal upon technical or procedural grounds.	1832

(E) The sealing of conviction records by any court shall have	1833
no effect upon a prior board order entered under the provisions of	1834
this section or upon the board's jurisdiction to take action under	1835
the provisions of this section if, based upon a plea of guilty, a	1836
judicial finding of guilt, or a judicial finding of eligibility	1837
for intervention in lieu of conviction, the board issued a notice	1838
of opportunity for a hearing prior to the court's order to seal	1839
the records. The board shall not be required to seal, destroy,	1840
redact, or otherwise modify its records to reflect the court's	1841
sealing of conviction records.	1842

(F) For purposes of this division, any individual who holds a	1843
certificate issued under this chapter, or applies for a	1844
certificate issued under this chapter, shall be deemed to have	1845
given consent to submit to a mental or physical examination when	1846
directed to do so in writing by the board and to have waived all	1847
objections to the admissibility of testimony or examination	1848
reports that constitute a privileged communication.	1849

(1) In enforcing division (B)(4) of this section, the board,	1850
upon a showing of a possible violation, may compel any individual	1851
who holds a certificate issued under this chapter or who has	1852
applied for a certificate pursuant to this chapter to submit to a	1853
mental examination, physical examination, including an HIV test,	1854
or both a mental and physical examination. The expense of the	1855
examination is the responsibility of the individual compelled to	1856
be examined. Failure to submit to a mental or physical examination	1857
or consent to an HIV test ordered by the board constitutes an	1858
admission of the allegations against the individual unless the	1859
failure is due to circumstances beyond the individual's control,	1860
and a default and final order may be entered without the taking of	1861
testimony or presentation of evidence. If the board finds a	1862
physician assistant unable to practice because of the reasons set	1863
forth in division (B)(4) of this section, the board shall require	1864
the physician assistant to submit to care, counseling, or	1865
treatment by physicians approved or designated by the board, as a	1866
condition for an initial, continued, reinstated, or renewed	1867
certificate. An individual affected under this division shall be	1868
afforded an opportunity to demonstrate to the board the ability to	1869
resume practicing in compliance with acceptable and prevailing	1870
standards of care.	1871

(2) For purposes of division (B)(5) of this section, if the	1872
board has reason to believe that any individual who holds a	1873
certificate issued under this chapter or any applicant for a	1874
certificate suffers such impairment, the board may compel the	1875
individual to submit to a mental or physical examination, or both.	1876
The expense of the examination is the responsibility of the	1877
individual compelled to be examined. Any mental or physical	1878
examination required under this division shall be undertaken by a	1879
treatment provider or physician qualified to conduct such	1880
examination and chosen by the board.	1881

Failure to submit to a mental or physical examination ordered	1882
by the board constitutes an admission of the allegations against	1883
the individual unless the failure is due to circumstances beyond	1884
the individual's control, and a default and final order may be	1885
entered without the taking of testimony or presentation of	1886
evidence. If the board determines that the individual's ability to	1887
practice is impaired, the board shall suspend the individual's	1888
certificate or deny the individual's application and shall require	1889
the individual, as a condition for initial, continued, reinstated,	1890
or renewed certification to practice or prescribe, to submit to	1891
treatment.	1892

Before being eligible to apply for reinstatement of a	1893
certificate suspended under this division, the physician assistant	1894
shall demonstrate to the board the ability to resume practice or	1895
prescribing in compliance with acceptable and prevailing standards	1896
of care. The demonstration shall include the following:	1897

(a) Certification from a treatment provider approved under	1898
section 4731.25 of the Revised Code that the individual has	1899
successfully completed any required inpatient treatment;	1900

(b) Evidence of continuing full compliance with an aftercare	1901
contract or consent agreement;	1902

(c) Two written reports indicating that the individual's	1903
ability to practice has been assessed and that the individual has	1904
been found capable of practicing according to acceptable and	1905
prevailing standards of care. The reports shall be made by	1906
individuals or providers approved by the board for making such	1907
assessments and shall describe the basis for their determination.	1908

The board may reinstate a certificate suspended under this	1909
division after such demonstration and after the individual has	1910
entered into a written consent agreement.	1911

When the impaired physician assistant resumes practice or	1912
prescribing, the board shall require continued monitoring of the	1913
physician assistant. The monitoring shall include compliance with	1914
the written consent agreement entered into before reinstatement or	1915
with conditions imposed by board order after a hearing, and, upon	1916
termination of the consent agreement, submission to the board for	1917
at least two years of annual written progress reports made under	1918
penalty of falsification stating whether the physician assistant	1919
has maintained sobriety.	1920

(G) If the secretary and supervising member determine that	1921
there is clear and convincing evidence that a physician assistant	1922
has violated division (B) of this section and that the	1923
individual's continued practice or prescribing presents a danger	1924
of immediate and serious harm to the public, they may recommend	1925
that the board suspend the individual's certificate to practice or	1926
prescribe without a prior hearing. Written allegations shall be	1927
prepared for consideration by the board.	1928

The board, upon review of those allegations and by an	1929
affirmative vote of not fewer than six of its members, excluding	1930
the secretary and supervising member, may suspend a certificate	1931
without a prior hearing. A telephone conference call may be	1932
utilized for reviewing the allegations and taking the vote on the	1933
summary suspension.	1934

The board shall issue a written order of suspension by	1935
certified mail or in person in accordance with section 119.07 of	1936
the Revised Code. The order shall not be subject to suspension by	1937
the court during pendency of any appeal filed under section 119.12	1938
of the Revised Code. If the physician assistant requests an	1939
adjudicatory hearing by the board, the date set for the hearing	1940
shall be within fifteen days, but not earlier than seven days,	1941
after the physician assistant requests the hearing, unless	1942
otherwise agreed to by both the board and the certificate holder.	1943

A summary suspension imposed under this division shall remain	1944
in effect, unless reversed on appeal, until a final adjudicative	1945
order issued by the board pursuant to this section and Chapter	1946
119. of the Revised Code becomes effective. The board shall issue	1947
its final adjudicative order within sixty days after completion of	1948
its hearing. Failure to issue the order within sixty days shall	1949
result in dissolution of the summary suspension order, but shall	1950
not invalidate any subsequent, final adjudicative order.	1951

(H) If the board takes action under division (B)(11), (13),	1952
or (14) of this section, and the judicial finding of guilt, guilty	1953
plea, or judicial finding of eligibility for intervention in lieu	1954
of conviction is overturned on appeal, upon exhaustion of the	1955
criminal appeal, a petition for reconsideration of the order may	1956
be filed with the board along with appropriate court documents.	1957
Upon receipt of a petition and supporting court documents, the	1958
board shall reinstate the certificate to practice or prescribe.	1959
The board may then hold an adjudication under Chapter 119. of the	1960
Revised Code to determine whether the individual committed the act	1961
in question. Notice of opportunity for hearing shall be given in	1962
accordance with Chapter 119. of the Revised Code. If the board	1963
finds, pursuant to an adjudication held under this division, that	1964
the individual committed the act, or if no hearing is requested,	1965
it may order any of the sanctions identified under division (B) of	1966
this section.	1967

(I) The certificate to practice issued to a physician	1968
assistant and the physician assistant's practice in this state are	1969
automatically suspended as of the date the physician assistant	1970
pleads guilty to, is found by a judge or jury to be guilty of, or	1971
is subject to a judicial finding of eligibility for intervention	1972
in lieu of conviction in this state or treatment or intervention	1973
in lieu of conviction in another state for any of the following	1974
criminal offenses in this state or a substantially equivalent	1975
criminal offense in another jurisdiction: aggravated murder,	1976
murder, voluntary manslaughter, felonious assault, kidnapping,	1977
rape, sexual battery, gross sexual imposition, aggravated arson,	1978
aggravated robbery, or aggravated burglary. Continued practice	1979
after the suspension shall be considered practicing without a	1980
certificate.	1981

The board shall notify the individual subject to the	1982
suspension by certified mail or in person in accordance with	1983
section 119.07 of the Revised Code. If an individual whose	1984
certificate is suspended under this division fails to make a	1985
timely request for an adjudication under Chapter 119. of the	1986
Revised Code, the board shall enter a final order permanently	1987
revoking the individual's certificate to practice.	1988

(J) In any instance in which the board is required by Chapter	1989
119. of the Revised Code to give notice of opportunity for hearing	1990
and the individual subject to the notice does not timely request a	1991
hearing in accordance with section 119.07 of the Revised Code, the	1992
board is not required to hold a hearing, but may adopt, by an	1993
affirmative vote of not fewer than six of its members, a final	1994
order that contains the board's findings. In that final order, the	1995
board may order any of the sanctions identified under division (A)	1996
or (B) of this section.	1997

(K) Any action taken by the board under division (B) of this	1998
section resulting in a suspension shall be accompanied by a	1999
written statement of the conditions under which the physician	2000
assistant's certificate may be reinstated. The board shall adopt	2001
rules in accordance with Chapter 119. of the Revised Code	2002
governing conditions to be imposed for reinstatement.	2003
Reinstatement of a certificate suspended pursuant to division (B)	2004
of this section requires an affirmative vote of not fewer than six	2005
members of the board.	2006

(L) When the board refuses to grant to an applicant a	2007
certificate to practice as a physician assistant or a certificate	2008
to prescribe, revokes an individual's certificate, refuses to	2009
issue a certificate, or refuses to reinstate an individual's	2010
certificate, the board may specify that its action is permanent.	2011
An individual subject to a permanent action taken by the board is	2012
forever thereafter ineligible to hold the certificate and the	2013
board shall not accept an application for reinstatement of the	2014
certificate or for issuance of a new certificate.	2015

(M) Notwithstanding any other provision of the Revised Code,	2016
all of the following apply:	2017

(1) The surrender of a certificate issued under this chapter	2018
is not effective unless or until accepted by the board.	2019
Reinstatement of a certificate surrendered to the board requires	2020
an affirmative vote of not fewer than six members of the board.	2021

(2) An application made under this chapter for a certificate,	2022
approval of a physician supervisory plan, or approval of a	2023
supervision agreement may not be withdrawn without approval of the	2024
board.	2025

(3) Failure by an individual to renew a certificate in	2026
accordance with section 4730.14 or section 4730.48 of the Revised	2027
Code shall not remove or limit the board's jurisdiction to take	2028
disciplinary action under this section against the individual.	2029

(N) As used in this section, a "criminal offense that is	2030
substantially related" has the same meaning as in section 4743.06	2031
of the Revised Code.	2032

Sec. 4731.22.  (A) The state medical board, by an affirmative	2033
vote of not fewer than six of its members, may revoke or may	2034
refuse to grant a certificate to a person found by the board to	2035
have committed fraud during the administration of the examination	2036
for a certificate to practice or to have committed fraud,	2037
misrepresentation, or deception in applying for or securing any	2038
certificate to practice or certificate of registration issued by	2039
the board.	2040

(B) The board, by an affirmative vote of not fewer than six	2041
members, shall, to the extent permitted by law, limit, revoke, or	2042
suspend an individual's certificate to practice, refuse to	2043
register an individual, refuse to reinstate a certificate, or	2044
reprimand or place on probation the holder of a certificate for	2045
one or more of the following reasons:	2046

(1) Permitting one's name or one's certificate to practice or	2047
certificate of registration to be used by a person, group, or	2048
corporation when the individual concerned is not actually	2049
directing the treatment given;	2050

(2) Failure to maintain minimal standards applicable to the	2051
selection or administration of drugs, or failure to employ	2052
acceptable scientific methods in the selection of drugs or other	2053
modalities for treatment of disease;	2054

(3) Selling, giving away, personally furnishing, prescribing,	2055
or administering drugs for other than legal and legitimate	2056
therapeutic purposes or a plea of guilty to, a judicial finding of	2057
guilt of, or a judicial finding of eligibility for intervention in	2058
lieu of conviction of, a violation of any federal or state law	2059
regulating the possession, distribution, or use of any drug;	2060

(4) Willfully betraying a professional confidence.

2061

For purposes of this division, "willfully betraying a	2062
professional confidence" does not include providing any	2063
information, documents, or reports to a child fatality review	2064
board under sections 307.621 to 307.629 of the Revised Code and	2065
does not include the making of a report of an employee's use of a	2066
drug of abuse, or a report of a condition of an employee other	2067
than one involving the use of a drug of abuse, to the employer of	2068
the employee as described in division (B) of section 2305.33 of	2069
the Revised Code. Nothing in this division affects the immunity	2070
from civil liability conferred by that section upon a physician	2071
who makes either type of report in accordance with division (B) of	2072
that section. As used in this division, "employee," "employer,"	2073
and "physician" have the same meanings as in section 2305.33 of	2074
the Revised Code.	2075

(5) Making a false, fraudulent, deceptive, or misleading	2076
statement in the solicitation of or advertising for patients; in	2077
relation to the practice of medicine and surgery, osteopathic	2078
medicine and surgery, podiatric medicine and surgery, or a limited	2079
branch of medicine; or in securing or attempting to secure any	2080
certificate to practice or certificate of registration issued by	2081
the board.	2082

As used in this division, "false, fraudulent, deceptive, or	2083
misleading statement" means a statement that includes a	2084
misrepresentation of fact, is likely to mislead or deceive because	2085
of a failure to disclose material facts, is intended or is likely	2086
to create false or unjustified expectations of favorable results,	2087
or includes representations or implications that in reasonable	2088
probability will cause an ordinarily prudent person to	2089
misunderstand or be deceived.	2090

(6) A departure from, or the failure to conform to, minimal	2091
standards of care of similar practitioners under the same or	2092
similar circumstances, whether or not actual injury to a patient	2093
is established;	2094

(7) Representing, with the purpose of obtaining compensation	2095
or other advantage as personal gain or for any other person, that	2096
an incurable disease or injury, or other incurable condition, can	2097
be permanently cured;	2098

(8) The obtaining of, or attempting to obtain, money or	2099
anything of value by fraudulent misrepresentations in the course	2100
of practice;	2101

(9) A plea of guilty to, a judicial finding of guilt of, or a	2102
judicial finding of eligibility for intervention in lieu of	2103
conviction for, a felonycriminal offense that is substantially	2104
related to the practice of medicine;	2105

(10) Commission of an act that constitutes a felony in this	2106
state a criminal offense that is substantially related to the	2107
practice of medicine, regardless of the jurisdiction in which the	2108
act was committed;	2109

(11) A plea of guilty to, a judicial finding of guilt of, or	2110
a judicial finding of eligibility for intervention in lieu of	2111
conviction for, a misdemeanor committed in the course of practice;	2112

(12) Commission of an act in the course of practice that	2113
constitutes a misdemeanor in this state, regardless of the	2114
jurisdiction in which the act was committed;	2115

(13) A plea of guilty to, a judicial finding of guilt of, or	2116
a judicial finding of eligibility for intervention in lieu of	2117
conviction for, a misdemeanor involving moral turpitude;	2118

(14) Commission of an act involving moral turpitude that	2119
constitutes a misdemeanor in this state, regardless of the	2120
jurisdiction in which the act was committed;	2121

(15) Violation of the conditions of limitation placed by the	2122
board upon a certificate to practice;	2123

(16)(12) Failure to pay license renewal fees specified in	2124
this chapter;	2125

(17)(13) Except as authorized in section 4731.31 of the	2126
Revised Code, engaging in the division of fees for referral of	2127
patients, or the receiving of a thing of value in return for a	2128
specific referral of a patient to utilize a particular service or	2129
business;	2130

(18)(14) Subject to section 4731.226 of the Revised Code,	2131
violation of any provision of a code of ethics of the American	2132
medical association, the American osteopathic association, the	2133
American podiatric medical association, or any other national	2134
professional organizations that the board specifies by rule. The	2135
state medical board shall obtain and keep on file current copies	2136
of the codes of ethics of the various national professional	2137
organizations. The individual whose certificate is being suspended	2138
or revoked shall not be found to have violated any provision of a	2139
code of ethics of an organization not appropriate to the	2140
individual's profession.	2141

For purposes of this division, a "provision of a code of	2142
ethics of a national professional organization" does not include	2143
any provision that would preclude the making of a report by a	2144
physician of an employee's use of a drug of abuse, or of a	2145
condition of an employee other than one involving the use of a	2146
drug of abuse, to the employer of the employee as described in	2147
division (B) of section 2305.33 of the Revised Code. Nothing in	2148
this division affects the immunity from civil liability conferred	2149
by that section upon a physician who makes either type of report	2150
in accordance with division (B) of that section. As used in this	2151
division, "employee," "employer," and "physician" have the same	2152
meanings as in section 2305.33 of the Revised Code.	2153

(19)(15) Inability to practice according to acceptable and	2154
prevailing standards of care by reason of mental illness or	2155
physical illness, including, but not limited to, physical	2156
deterioration that adversely affects cognitive, motor, or	2157
perceptive skills.	2158

In enforcing this division, the board, upon a showing of a	2159
possible violation, may compel any individual authorized to	2160
practice by this chapter or who has submitted an application	2161
pursuant to this chapter to submit to a mental examination,	2162
physical examination, including an HIV test, or both a mental and	2163
a physical examination. The expense of the examination is the	2164
responsibility of the individual compelled to be examined. Failure	2165
to submit to a mental or physical examination or consent to an HIV	2166
test ordered by the board constitutes an admission of the	2167
allegations against the individual unless the failure is due to	2168
circumstances beyond the individual's control, and a default and	2169
final order may be entered without the taking of testimony or	2170
presentation of evidence. If the board finds an individual unable	2171
to practice because of the reasons set forth in this division, the	2172
board shall require the individual to submit to care, counseling,	2173
or treatment by physicians approved or designated by the board, as	2174
a condition for initial, continued, reinstated, or renewed	2175
authority to practice. An individual affected under this division	2176
shall be afforded an opportunity to demonstrate to the board the	2177
ability to resume practice in compliance with acceptable and	2178
prevailing standards under the provisions of the individual's	2179
certificate. For the purpose of this division, any individual who	2180
applies for or receives a certificate to practice under this	2181
chapter accepts the privilege of practicing in this state and, by	2182
so doing, shall be deemed to have given consent to submit to a	2183
mental or physical examination when directed to do so in writing	2184
by the board, and to have waived all objections to the	2185
admissibility of testimony or examination reports that constitute	2186
a privileged communication.	2187

(20)(16) Except when civil penalties are imposed under	2188
section 4731.225 or 4731.281 of the Revised Code, and subject to	2189
section 4731.226 of the Revised Code, violating or attempting to	2190
violate, directly or indirectly, or assisting in or abetting the	2191
violation of, or conspiring to violate, any provisions of this	2192
chapter or any rule promulgated by the board.	2193

This division does not apply to a violation or attempted	2194
violation of, assisting in or abetting the violation of, or a	2195
conspiracy to violate, any provision of this chapter or any rule	2196
adopted by the board that would preclude the making of a report by	2197
a physician of an employee's use of a drug of abuse, or of a	2198
condition of an employee other than one involving the use of a	2199
drug of abuse, to the employer of the employee as described in	2200
division (B) of section 2305.33 of the Revised Code. Nothing in	2201
this division affects the immunity from civil liability conferred	2202
by that section upon a physician who makes either type of report	2203
in accordance with division (B) of that section. As used in this	2204
division, "employee," "employer," and "physician" have the same	2205
meanings as in section 2305.33 of the Revised Code.	2206

(21)(17) The violation of section 3701.79 of the Revised Code	2207
or of any abortion rule adopted by the public health council	2208
pursuant to section 3701.341 of the Revised Code;	2209

(22)(18) Any of the following actions taken by the agency	2210
responsible for regulating the practice of medicine and surgery,	2211
osteopathic medicine and surgery, podiatric medicine and surgery,	2212
or the limited branches of medicine in another jurisdiction, for	2213
any reason other than the nonpayment of fees: the limitation,	2214
revocation, or suspension of an individual's license to practice;	2215
acceptance of an individual's license surrender; denial of a	2216
license; refusal to renew or reinstate a license; imposition of	2217
probation; or issuance of an order of censure or other reprimand;	2218

(23)(19) The violation of section 2919.12 of the Revised Code	2219
or the performance or inducement of an abortion upon a pregnant	2220
woman with actual knowledge that the conditions specified in	2221
division (B) of section 2317.56 of the Revised Code have not been	2222
satisfied or with a heedless indifference as to whether those	2223
conditions have been satisfied, unless an affirmative defense as	2224
specified in division (H)(2) of that section would apply in a	2225
civil action authorized by division (H)(1) of that section;	2226

(24)(20) The revocation, suspension, restriction, reduction,	2227
or termination of clinical privileges by the United States	2228
department of defense or department of veterans affairs or the	2229
termination or suspension of a certificate of registration to	2230
prescribe drugs by the drug enforcement administration of the	2231
United States department of justice;	2232

(25)(21) Termination or suspension from participation in the	2233
medicare or medicaid programs by the department of health and	2234
human services or other responsible agency for any act or acts	2235
that also would constitute a violation of division (B)(2), (3),	2236
(6), (8), or (19)(15) of this section;	2237

(26)(22) Impairment of ability to practice according to	2238
acceptable and prevailing standards of care because of habitual or	2239
excessive use or abuse of drugs, alcohol, or other substances that	2240
impair ability to practice.	2241

For the purposes of this division, any individual authorized	2242
to practice by this chapter accepts the privilege of practicing in	2243
this state subject to supervision by the board. By filing an	2244
application for or holding a certificate to practice under this	2245
chapter, an individual shall be deemed to have given consent to	2246
submit to a mental or physical examination when ordered to do so	2247
by the board in writing, and to have waived all objections to the	2248
admissibility of testimony or examination reports that constitute	2249
privileged communications.	2250

If it has reason to believe that any individual authorized to	2251
practice by this chapter or any applicant for certification to	2252
practice suffers such impairment, the board may compel the	2253
individual to submit to a mental or physical examination, or both.	2254
The expense of the examination is the responsibility of the	2255
individual compelled to be examined. Any mental or physical	2256
examination required under this division shall be undertaken by a	2257
treatment provider or physician who is qualified to conduct the	2258
examination and who is chosen by the board.	2259

Failure to submit to a mental or physical examination ordered	2260
by the board constitutes an admission of the allegations against	2261
the individual unless the failure is due to circumstances beyond	2262
the individual's control, and a default and final order may be	2263
entered without the taking of testimony or presentation of	2264
evidence. If the board determines that the individual's ability to	2265
practice is impaired, the board shall suspend the individual's	2266
certificate or deny the individual's application and shall require	2267
the individual, as a condition for initial, continued, reinstated,	2268
or renewed certification to practice, to submit to treatment.	2269

Before being eligible to apply for reinstatement of a	2270
certificate suspended under this division, the impaired	2271
practitioner shall demonstrate to the board the ability to resume	2272
practice in compliance with acceptable and prevailing standards of	2273
care under the provisions of the practitioner's certificate. The	2274
demonstration shall include, but shall not be limited to, the	2275
following:	2276

(a) Certification from a treatment provider approved under	2277
section 4731.25 of the Revised Code that the individual has	2278
successfully completed any required inpatient treatment;	2279

(b) Evidence of continuing full compliance with an aftercare	2280
contract or consent agreement;	2281

(c) Two written reports indicating that the individual's	2282
ability to practice has been assessed and that the individual has	2283
been found capable of practicing according to acceptable and	2284
prevailing standards of care. The reports shall be made by	2285
individuals or providers approved by the board for making the	2286
assessments and shall describe the basis for their determination.	2287

The board may reinstate a certificate suspended under this	2288
division after that demonstration and after the individual has	2289
entered into a written consent agreement.	2290

When the impaired practitioner resumes practice, the board	2291
shall require continued monitoring of the individual. The	2292
monitoring shall include, but not be limited to, compliance with	2293
the written consent agreement entered into before reinstatement or	2294
with conditions imposed by board order after a hearing, and, upon	2295
termination of the consent agreement, submission to the board for	2296
at least two years of annual written progress reports made under	2297
penalty of perjury stating whether the individual has maintained	2298
sobriety.	2299

(27)(23) A second or subsequent violation of section 4731.66	2300
or 4731.69 of the Revised Code;	2301

(28)(24) Except as provided in division (N) of this section:

2302

(a) Waiving the payment of all or any part of a deductible or	2303
copayment that a patient, pursuant to a health insurance or health	2304
care policy, contract, or plan that covers the individual's	2305
services, otherwise would be required to pay if the waiver is used	2306
as an enticement to a patient or group of patients to receive	2307
health care services from that individual;	2308

(b) Advertising that the individual will waive the payment of	2309
all or any part of a deductible or copayment that a patient,	2310
pursuant to a health insurance or health care policy, contract, or	2311
plan that covers the individual's services, otherwise would be	2312
required to pay.	2313

(29)(25) Failure to use universal blood and body fluid	2314
precautions established by rules adopted under section 4731.051 of	2315
the Revised Code;	2316

(30)(26) Failure to provide notice to, and receive	2317
acknowledgment of the notice from, a patient when required by	2318
section 4731.143 of the Revised Code prior to providing	2319
nonemergency professional services, or failure to maintain that	2320
notice in the patient's file;	2321

(31)(27) Failure of a physician supervising a physician	2322
assistant to maintain supervision in accordance with the	2323
requirements of Chapter 4730. of the Revised Code and the rules	2324
adopted under that chapter;	2325

(32)(28) Failure of a physician or podiatrist to enter into a	2326
standard care arrangement with a clinical nurse specialist,	2327
certified nurse-midwife, or certified nurse practitioner with whom	2328
the physician or podiatrist is in collaboration pursuant to	2329
section 4731.27 of the Revised Code or failure to fulfill the	2330
responsibilities of collaboration after entering into a standard	2331
care arrangement;	2332

(33)(29) Failure to comply with the terms of a consult	2333
agreement entered into with a pharmacist pursuant to section	2334
4729.39 of the Revised Code;	2335

(34)(30) Failure to cooperate in an investigation conducted	2336
by the board under division (F) of this section, including failure	2337
to comply with a subpoena or order issued by the board or failure	2338
to answer truthfully a question presented by the board at a	2339
deposition or in written interrogatories, except that failure to	2340
cooperate with an investigation shall not constitute grounds for	2341
discipline under this section if a court of competent jurisdiction	2342
has issued an order that either quashes a subpoena or permits the	2343
individual to withhold the testimony or evidence in issue;	2344

(35)(31) Failure to supervise an acupuncturist in accordance	2345
with Chapter 4762. of the Revised Code and the board's rules for	2346
supervision of an acupuncturist;	2347

(36)(32) Failure to supervise an anesthesiologist assistant	2348
in accordance with Chapter 4760. of the Revised Code and the	2349
board's rules for supervision of an anesthesiologist assistant;	2350

(37)(33) Assisting suicide as defined in section 3795.01 of	2351
the Revised Code;	2352

(38)(34) Failure to comply with the requirements of section	2353
2317.561 of the Revised Code;	2354

(39)(35) Failure to supervise a radiologist assistant in	2355
accordance with Chapter 4774. of the Revised Code and the board's	2356
rules for supervision of radiologist assistants.	2357

(C) Disciplinary actions taken by the board under divisions	2358
(A) and (B) of this section shall be taken pursuant to an	2359
adjudication under Chapter 119. of the Revised Code, except that	2360
in lieu of an adjudication, the board may enter into a consent	2361
agreement with an individual to resolve an allegation of a	2362
violation of this chapter or any rule adopted under it. A consent	2363
agreement, when ratified by an affirmative vote of not fewer than	2364
six members of the board, shall constitute the findings and order	2365
of the board with respect to the matter addressed in the	2366
agreement. If the board refuses to ratify a consent agreement, the	2367
admissions and findings contained in the consent agreement shall	2368
be of no force or effect.	2369

If the board takes disciplinary action against an individual	2370
under division (B) of this section for a second or subsequent plea	2371
of guilty to, or judicial finding of guilt of, a violation of	2372
section 2919.123 of the Revised Code, the disciplinary action	2373
shall consist of a suspension of the individual's certificate to	2374
practice for a period of at least one year or, if determined	2375
appropriate by the board, a more serious sanction involving the	2376
individual's certificate to practice. Any consent agreement	2377
entered into under this division with an individual that pertains	2378
to a second or subsequent plea of guilty to, or judicial finding	2379
of guilt of, a violation of that section shall provide for a	2380
suspension of the individual's certificate to practice for a	2381
period of at least one year or, if determined appropriate by the	2382
board, a more serious sanction involving the individual's	2383
certificate to practice.	2384

(D) For purposes of divisionsdivision (B)(10), (12), and	2385
(14) of this section, the commission of the act may be established	2386
by a finding by the board, pursuant to an adjudication under	2387
Chapter 119. of the Revised Code, that the individual committed	2388
the act. The board does not have jurisdiction under those	2389
divisionsthat division if the trial court renders a final	2390
judgment in the individual's favor and that judgment is based	2391
upon an adjudication on the merits. The board has jurisdiction	2392
under those divisionsthat division if the trial court issues an	2393
order of dismissal upon technical or procedural grounds.	2394

(E) The sealing of conviction records by any court shall have	2395
no effect upon a prior board order entered under this section or	2396
upon the board's jurisdiction to take action under this section	2397
if, based upon a plea of guilty, a judicial finding of guilt, or a	2398
judicial finding of eligibility for intervention in lieu of	2399
conviction, the board issued a notice of opportunity for a hearing	2400
prior to the court's order to seal the records. The board shall	2401
not be required to seal, destroy, redact, or otherwise modify its	2402
records to reflect the court's sealing of conviction records.	2403

(F)(1) The board shall investigate evidence that appears to	2404
show that a person has violated any provision of this chapter or	2405
any rule adopted under it. Any person may report to the board in a	2406
signed writing any information that the person may have that	2407
appears to show a violation of any provision of this chapter or	2408
any rule adopted under it. In the absence of bad faith, any person	2409
who reports information of that nature or who testifies before the	2410
board in any adjudication conducted under Chapter 119. of the	2411
Revised Code shall not be liable in damages in a civil action as a	2412
result of the report or testimony. Each complaint or allegation of	2413
a violation received by the board shall be assigned a case number	2414
and shall be recorded by the board.	2415

(2) Investigations of alleged violations of this chapter or	2416
any rule adopted under it shall be supervised by the supervising	2417
member elected by the board in accordance with section 4731.02 of	2418
the Revised Code and by the secretary as provided in section	2419
4731.39 of the Revised Code. The president may designate another	2420
member of the board to supervise the investigation in place of the	2421
supervising member. No member of the board who supervises the	2422
investigation of a case shall participate in further adjudication	2423
of the case.	2424

(3) In investigating a possible violation of this chapter or	2425
any rule adopted under this chapter, the board may administer	2426
oaths, order the taking of depositions, issue subpoenas, and	2427
compel the attendance of witnesses and production of books,	2428
accounts, papers, records, documents, and testimony, except that a	2429
subpoena for patient record information shall not be issued	2430
without consultation with the attorney general's office and	2431
approval of the secretary and supervising member of the board.	2432
Before issuance of a subpoena for patient record information, the	2433
secretary and supervising member shall determine whether there is	2434
probable cause to believe that the complaint filed alleges a	2435
violation of this chapter or any rule adopted under it and that	2436
the records sought are relevant to the alleged violation and	2437
material to the investigation. The subpoena may apply only to	2438
records that cover a reasonable period of time surrounding the	2439
alleged violation.	2440

On failure to comply with any subpoena issued by the board	2441
and after reasonable notice to the person being subpoenaed, the	2442
board may move for an order compelling the production of persons	2443
or records pursuant to the Rules of Civil Procedure.	2444

A subpoena issued by the board may be served by a sheriff,	2445
the sheriff's deputy, or a board employee designated by the board.	2446
Service of a subpoena issued by the board may be made by	2447
delivering a copy of the subpoena to the person named therein,	2448
reading it to the person, or leaving it at the person's usual	2449
place of residence. When the person being served is a person whose	2450
practice is authorized by this chapter, service of the subpoena	2451
may be made by certified mail, restricted delivery, return receipt	2452
requested, and the subpoena shall be deemed served on the date	2453
delivery is made or the date the person refuses to accept	2454
delivery.	2455

A sheriff's deputy who serves a subpoena shall receive the	2456
same fees as a sheriff. Each witness who appears before the board	2457
in obedience to a subpoena shall receive the fees and mileage	2458
provided for witnesses in civil cases in the courts of common	2459
pleas.	2460

(4) All hearings and investigations of the board shall be	2461
considered civil actions for the purposes of section 2305.252 of	2462
the Revised Code.	2463

(5) Information received by the board pursuant to an	2464
investigation is confidential and not subject to discovery in any	2465
civil action.	2466

The board shall conduct all investigations and proceedings in	2467
a manner that protects the confidentiality of patients and persons	2468
who file complaints with the board. The board shall not make	2469
public the names or any other identifying information about	2470
patients or complainants unless proper consent is given or, in the	2471
case of a patient, a waiver of the patient privilege exists under	2472
division (B) of section 2317.02 of the Revised Code, except that	2473
consent or a waiver of that nature is not required if the board	2474
possesses reliable and substantial evidence that no bona fide	2475
physician-patient relationship exists.	2476

The board may share any information it receives pursuant to	2477
an investigation, including patient records and patient record	2478
information, with law enforcement agencies, other licensing	2479
boards, and other governmental agencies that are prosecuting,	2480
adjudicating, or investigating alleged violations of statutes or	2481
administrative rules. An agency or board that receives the	2482
information shall comply with the same requirements regarding	2483
confidentiality as those with which the state medical board must	2484
comply, notwithstanding any conflicting provision of the Revised	2485
Code or procedure of the agency or board that applies when it is	2486
dealing with other information in its possession. In a judicial	2487
proceeding, the information may be admitted into evidence only in	2488
accordance with the Rules of Evidence, but the court shall require	2489
that appropriate measures are taken to ensure that confidentiality	2490
is maintained with respect to any part of the information that	2491
contains names or other identifying information about patients or	2492
complainants whose confidentiality was protected by the state	2493
medical board when the information was in the board's possession.	2494
Measures to ensure confidentiality that may be taken by the court	2495
include sealing its records or deleting specific information from	2496
its records.	2497

(6) On a quarterly basis, the board shall prepare a report	2498
that documents the disposition of all cases during the preceding	2499
three months. The report shall contain the following information	2500
for each case with which the board has completed its activities:	2501

(a) The case number assigned to the complaint or alleged	2502
violation;	2503

(b) The type of certificate to practice, if any, held by the	2504
individual against whom the complaint is directed;	2505

(c) A description of the allegations contained in the	2506
complaint;	2507

(d) The disposition of the case.

2508

The report shall state how many cases are still pending and	2509
shall be prepared in a manner that protects the identity of each	2510
person involved in each case. The report shall be a public record	2511
under section 149.43 of the Revised Code.	2512

(G) If the secretary and supervising member determine that	2513
there is clear and convincing evidence that an individual has	2514
violated division (B) of this section and that the individual's	2515
continued practice presents a danger of immediate and serious harm	2516
to the public, they may recommend that the board suspend the	2517
individual's certificate to practice without a prior hearing.	2518
Written allegations shall be prepared for consideration by the	2519
board.	2520

The board, upon review of those allegations and by an	2521
affirmative vote of not fewer than six of its members, excluding	2522
the secretary and supervising member, may suspend a certificate	2523
without a prior hearing. A telephone conference call may be	2524
utilized for reviewing the allegations and taking the vote on the	2525
summary suspension.	2526

The board shall issue a written order of suspension by	2527
certified mail or in person in accordance with section 119.07 of	2528
the Revised Code. The order shall not be subject to suspension by	2529
the court during pendency of any appeal filed under section 119.12	2530
of the Revised Code. If the individual subject to the summary	2531
suspension requests an adjudicatory hearing by the board, the date	2532
set for the hearing shall be within fifteen days, but not earlier	2533
than seven days, after the individual requests the hearing, unless	2534
otherwise agreed to by both the board and the individual.	2535

Any summary suspension imposed under this division shall	2536
remain in effect, unless reversed on appeal, until a final	2537
adjudicative order issued by the board pursuant to this section	2538
and Chapter 119. of the Revised Code becomes effective. The board	2539
shall issue its final adjudicative order within seventy-five days	2540
after completion of its hearing. A failure to issue the order	2541
within seventy-five days shall result in dissolution of the	2542
summary suspension order but shall not invalidate any subsequent,	2543
final adjudicative order.	2544

(H) If the board takes action under division (B)(9), (11), or	2545
(13) of this section and the judicial finding of guilt, guilty	2546
plea, or judicial finding of eligibility for intervention in lieu	2547
of conviction is overturned on appeal, upon exhaustion of the	2548
criminal appeal, a petition for reconsideration of the order may	2549
be filed with the board along with appropriate court documents.	2550
Upon receipt of a petition of that nature and supporting court	2551
documents, the board shall reinstate the individual's certificate	2552
to practice. The board may then hold an adjudication under Chapter	2553
119. of the Revised Code to determine whether the individual	2554
committed the act in question. Notice of an opportunity for a	2555
hearing shall be given in accordance with Chapter 119. of the	2556
Revised Code. If the board finds, pursuant to an adjudication held	2557
under this division, that the individual committed the act or if	2558
no hearing is requested, the board may order any of the sanctions	2559
identified under division (B) of this section.	2560

(I) The certificate to practice issued to an individual under	2561
this chapter and the individual's practice in this state are	2562
automatically suspended as of the date of the individual's second	2563
or subsequent plea of guilty to, or judicial finding of guilt of,	2564
a violation of section 2919.123 of the Revised Code, or the date	2565
the individual pleads guilty to, is found by a judge or jury to be	2566
guilty of, or is subject to a judicial finding of eligibility for	2567
intervention in lieu of conviction in this state or treatment or	2568
intervention in lieu of conviction in another jurisdiction for any	2569
of the following criminal offenses in this state or a	2570
substantially equivalent criminal offense in another jurisdiction:	2571
aggravated murder, murder, voluntary manslaughter, felonious	2572
assault, kidnapping, rape, sexual battery, gross sexual	2573
imposition, aggravated arson, aggravated robbery, or aggravated	2574
burglary. Continued practice after suspension shall be considered	2575
practicing without a certificate.	2576

The board shall notify the individual subject to the	2577
suspension by certified mail or in person in accordance with	2578
section 119.07 of the Revised Code. If an individual whose	2579
certificate is automatically suspended under this division fails	2580
to make a timely request for an adjudication under Chapter 119. of	2581
the Revised Code, the board shall do whichever of the following is	2582
applicable:	2583

(1) If the automatic suspension under this division is for a	2584
second or subsequent plea of guilty to, or judicial finding of	2585
guilt of, a violation of section 2919.123 of the Revised Code, the	2586
board shall enter an order suspending the individual's certificate	2587
to practice for a period of at least one year or, if determined	2588
appropriate by the board, imposing a more serious sanction	2589
involving the individual's certificate to practice.	2590

(2) In all circumstances in which division (I)(1) of this	2591
section does not apply, enter a final order permanently revoking	2592
the individual's certificate to practice.	2593

(J) If the board is required by Chapter 119. of the Revised	2594
Code to give notice of an opportunity for a hearing and if the	2595
individual subject to the notice does not timely request a hearing	2596
in accordance with section 119.07 of the Revised Code, the board	2597
is not required to hold a hearing, but may adopt, by an	2598
affirmative vote of not fewer than six of its members, a final	2599
order that contains the board's findings. In that final order, the	2600
board may order any of the sanctions identified under division (A)	2601
or (B) of this section.	2602

(K) Any action taken by the board under division (B) of this	2603
section resulting in a suspension from practice shall be	2604
accompanied by a written statement of the conditions under which	2605
the individual's certificate to practice may be reinstated. The	2606
board shall adopt rules governing conditions to be imposed for	2607
reinstatement. Reinstatement of a certificate suspended pursuant	2608
to division (B) of this section requires an affirmative vote of	2609
not fewer than six members of the board.	2610

(L) When the board refuses to grant a certificate to an	2611
applicant, revokes an individual's certificate to practice,	2612
refuses to register an applicant, or refuses to reinstate an	2613
individual's certificate to practice, the board may specify that	2614
its action is permanent. An individual subject to a permanent	2615
action taken by the board is forever thereafter ineligible to hold	2616
a certificate to practice and the board shall not accept an	2617
application for reinstatement of the certificate or for issuance	2618
of a new certificate.	2619

(M) Notwithstanding any other provision of the Revised Code,	2620
all of the following apply:	2621

(1) The surrender of a certificate issued under this chapter	2622
shall not be effective unless or until accepted by the board.	2623
Reinstatement of a certificate surrendered to the board requires	2624
an affirmative vote of not fewer than six members of the board.	2625

(2) An application for a certificate made under the	2626
provisions of this chapter may not be withdrawn without approval	2627
of the board.	2628

(3) Failure by an individual to renew a certificate of	2629
registration in accordance with this chapter shall not remove or	2630
limit the board's jurisdiction to take any disciplinary action	2631
under this section against the individual.	2632

(N) Sanctions shall not be imposed under division (B)(28)(24)	2633
of this section against any person who waives deductibles and	2634
copayments as follows:	2635

(1) In compliance with the health benefit plan that expressly	2636
allows such a practice. Waiver of the deductibles or copayments	2637
shall be made only with the full knowledge and consent of the plan	2638
purchaser, payer, and third-party administrator. Documentation of	2639
the consent shall be made available to the board upon request.	2640

(2) For professional services rendered to any other person	2641
authorized to practice pursuant to this chapter, to the extent	2642
allowed by this chapter and rules adopted by the board.	2643

(O) Under the board's investigative duties described in this	2644
section and subject to division (F) of this section, the board	2645
shall develop and implement a quality intervention program	2646
designed to improve through remedial education the clinical and	2647
communication skills of individuals authorized under this chapter	2648
to practice medicine and surgery, osteopathic medicine and	2649
surgery, and podiatric medicine and surgery. In developing and	2650
implementing the quality intervention program, the board may do	2651
all of the following:	2652

(1) Offer in appropriate cases as determined by the board an	2653
educational and assessment program pursuant to an investigation	2654
the board conducts under this section;	2655

(2) Select providers of educational and assessment services,	2656
including a quality intervention program panel of case reviewers;	2657

(3) Make referrals to educational and assessment service	2658
providers and approve individual educational programs recommended	2659
by those providers. The board shall monitor the progress of each	2660
individual undertaking a recommended individual educational	2661
program.	2662

(4) Determine what constitutes successful completion of an	2663
individual educational program and require further monitoring of	2664
the individual who completed the program or other action that the	2665
board determines to be appropriate;	2666

(5) Adopt rules in accordance with Chapter 119. of the	2667
Revised Code to further implement the quality intervention	2668
program.	2669

An individual who participates in an individual educational	2670
program pursuant to this division shall pay the financial	2671
obligations arising from that educational program.	2672

(P) As used in this section, a "criminal offense that is	2673
substantially related" has the same meaning as in section 4743.06	2674
of the Revised Code.	2675

Sec. 4731.224.  (A) Within sixty days after the imposition of	2676
any formal disciplinary action taken by any health care facility,	2677
including a hospital, health care facility operated by a health	2678
insuring corporation, ambulatory surgical center, or similar	2679
facility, against any individual holding a valid certificate to	2680
practice issued pursuant to this chapter, the chief administrator	2681
or executive officer of the facility shall report to the state	2682
medical board the name of the individual, the action taken by the	2683
facility, and a summary of the underlying facts leading to the	2684
action taken. Upon request, the board shall be provided certified	2685
copies of the patient records that were the basis for the	2686
facility's action. Prior to release to the board, the summary	2687
shall be approved by the peer review committee that reviewed the	2688
case or by the governing board of the facility. As used in this	2689
division, "formal disciplinary action" means any action resulting	2690
in the revocation, restriction, reduction, or termination of	2691
clinical privileges for violations of professional ethics, or for	2692
reasons of medical incompetence, medical malpractice, or drug or	2693
alcohol abuse. "Formal disciplinary action" includes a summary	2694
action, an action that takes effect notwithstanding any appeal	2695
rights that may exist, and an action that results in an individual	2696
surrendering clinical privileges while under investigation and	2697
during proceedings regarding the action being taken or in return	2698
for not being investigated or having proceedings held. "Formal	2699
disciplinary action" does not include any action taken for the	2700
sole reason of failure to maintain records on a timely basis or	2701
failure to attend staff or section meetings.	2702

The filing or nonfiling of a report with the board,	2703
investigation by the board, or any disciplinary action taken by	2704
the board, shall not preclude any action by a health care facility	2705
to suspend, restrict, or revoke the individual's clinical	2706
privileges.	2707

In the absence of fraud or bad faith, no individual or entity	2708
that provides patient records to the board shall be liable in	2709
damages to any person as a result of providing the records.	2710

(B) If any individual authorized to practice under this	2711
chapter or any professional association or society of such	2712
individuals believes that a violation of any provision of this	2713
chapter, Chapter 4730., 4760., 4762., or 4774. of the Revised	2714
Code, or any rule of the board has occurred, the individual,	2715
association, or society shall report to the board the information	2716
upon which the belief is based. This division does not require any	2717
treatment provider approved by the board under section 4731.25 of	2718
the Revised Code or any employee, agent, or representative of such	2719
a provider to make reports with respect to an impaired	2720
practitioner participating in treatment or aftercare for substance	2721
abuse as long as the practitioner maintains participation in	2722
accordance with the requirements of section 4731.25 of the Revised	2723
Code, and as long as the treatment provider or employee, agent, or	2724
representative of the provider has no reason to believe that the	2725
practitioner has violated any provision of this chapter or any	2726
rule adopted under it, other than the provisions of division	2727
(B)(26)(22) of section 4731.22 of the Revised Code. This division	2728
does not require reporting by any member of an impaired	2729
practitioner committee established by a health care facility or	2730
by any representative or agent of a committee or program sponsored	2731
by a professional association or society of individuals	2732
authorized to practice under this chapter to provide peer	2733
assistance to practitioners with substance abuse problems with	2734
respect to a practitioner who has been referred for examination to	2735
a treatment program approved by the board under section 4731.25 of	2736
the Revised Code if the practitioner cooperates with the referral	2737
for examination and with any determination that the practitioner	2738
should enter treatment and as long as the committee member,	2739
representative, or agent has no reason to believe that the	2740
practitioner has ceased to participate in the treatment program in	2741
accordance with section 4731.25 of the Revised Code or has	2742
violated any provision of this chapter or any rule adopted under	2743
it, other than the provisions of division (B)(26)(22) of section	2744
4731.22 of the Revised Code.	2745

(C) Any professional association or society composed	2746
primarily of doctors of medicine and surgery, doctors of	2747
osteopathic medicine and surgery, doctors of podiatric medicine	2748
and surgery, or practitioners of limited branches of medicine that	2749
suspends or revokes an individual's membership for violations of	2750
professional ethics, or for reasons of professional incompetence	2751
or professional malpractice, within sixty days after a final	2752
decision shall report to the board, on forms prescribed and	2753
provided by the board, the name of the individual, the action	2754
taken by the professional organization, and a summary of the	2755
underlying facts leading to the action taken.	2756

The filing of a report with the board or decision not to file	2757
a report, investigation by the board, or any disciplinary action	2758
taken by the board, does not preclude a professional organization	2759
from taking disciplinary action against an individual.	2760

(D) Any insurer providing professional liability insurance to	2761
an individual authorized to practice under this chapter, or any	2762
other entity that seeks to indemnify the professional liability of	2763
such an individual, shall notify the board within thirty days	2764
after the final disposition of any written claim for damages where	2765
such disposition results in a payment exceeding twenty-five	2766
thousand dollars. The notice shall contain the following	2767
information:	2768

(1) The name and address of the person submitting the	2769
notification;	2770

(2) The name and address of the insured who is the subject of	2771
the claim;	2772

(3) The name of the person filing the written claim;

2773

(4) The date of final disposition;

2774

(5) If applicable, the identity of the court in which the	2775
final disposition of the claim took place.	2776

(E) The board may investigate possible violations of this	2777
chapter or the rules adopted under it that are brought to its	2778
attention as a result of the reporting requirements of this	2779
section, except that the board shall conduct an investigation if a	2780
possible violation involves repeated malpractice. As used in this	2781
division, "repeated malpractice" means three or more claims for	2782
medical malpractice within the previous five-year period, each	2783
resulting in a judgment or settlement in excess of twenty-five	2784
thousand dollars in favor of the claimant, and each involving	2785
negligent conduct by the practicing individual.	2786

(F) All summaries, reports, and records received and	2787
maintained by the board pursuant to this section shall be held in	2788
confidence and shall not be subject to discovery or introduction	2789
in evidence in any federal or state civil action involving a	2790
health care professional or facility arising out of matters that	2791
are the subject of the reporting required by this section. The	2792
board may use the information obtained only as the basis for an	2793
investigation, as evidence in a disciplinary hearing against an	2794
individual whose practice is regulated under this chapter, or in	2795
any subsequent trial or appeal of a board action or order.	2796

The board may disclose the summaries and reports it receives	2797
under this section only to health care facility committees within	2798
or outside this state that are involved in credentialing or	2799
recredentialing the individual or in reviewing the individual's	2800
clinical privileges. The board shall indicate whether or not the	2801
information has been verified. Information transmitted by the	2802
board shall be subject to the same confidentiality provisions as	2803
when maintained by the board.	2804

(G) Except for reports filed by an individual pursuant to	2805
division (B) of this section, the board shall send a copy of any	2806
reports or summaries it receives pursuant to this section to the	2807
individual who is the subject of the reports or summaries. The	2808
individual shall have the right to file a statement with the board	2809
concerning the correctness or relevance of the information. The	2810
statement shall at all times accompany that part of the record in	2811
contention.	2812

(H) An individual or entity that, pursuant to this section,	2813
reports to the board or refers an impaired practitioner to a	2814
treatment provider approved by the board under section 4731.25 of	2815
the Revised Code shall not be subject to suit for civil damages as	2816
a result of the report, referral, or provision of the information.	2817

(I) In the absence of fraud or bad faith, no professional	2818
association or society of individuals authorized to practice under	2819
this chapter that sponsors a committee or program to provide peer	2820
assistance to practitioners with substance abuse problems, no	2821
representative or agent of such a committee or program, and no	2822
member of the state medical board shall be held liable in damages	2823
to any person by reason of actions taken to refer a practitioner	2824
to a treatment provider approved under section 4731.25 of the	2825
Revised Code for examination or treatment.	2826

Sec. 4731.225.  If the holder of a certificate issued under	2827
this chapter violates division (A), (B), or (C) of section 4731.66	2828
or section 4731.69 of the Revised Code, or if any other person	2829
violates division (B) or (C) of section 4731.66 or section 4731.69	2830
of the Revised Code, the state medical board, pursuant to an	2831
adjudication under Chapter 119. of the Revised Code and an	2832
affirmative vote of not fewer than six of its members, shall:	2833

(A) For a first violation, impose a civil penalty of not more	2834
than five thousand dollars;	2835

(B) For each subsequent violation, impose a civil penalty of	2836
not more than twenty thousand dollars and, if the violator is a	2837
certificate holder, proceed under division (B)(27)(23) of section	2838
4731.22 of the Revised Code.	2839

Sec. 4731.226.  (A)(1) An individual whom the state medical	2840
board licenses, certificates, or otherwise legally authorizes to	2841
engage in the practice of medicine and surgery, osteopathic	2842
medicine and surgery, or podiatric medicine and surgery may render	2843
the professional services of a doctor of medicine and surgery,	2844
osteopathic medicine and surgery, or podiatric medicine and	2845
surgery within this state through a corporation formed under	2846
division (B) of section 1701.03 of the Revised Code, a limited	2847
liability company formed under Chapter 1705. of the Revised Code,	2848
a partnership, or a professional association formed under Chapter	2849
1785. of the Revised Code. Division (A)(1) of this section does	2850
not preclude an individual of that nature from rendering	2851
professional services as a doctor of medicine and surgery,	2852
osteopathic medicine and surgery, or podiatric medicine and	2853
surgery through another form of business entity, including, but	2854
not limited to, a nonprofit corporation or foundation, or in	2855
another manner that is authorized by or in accordance with this	2856
chapter, another chapter of the Revised Code, or rules of the	2857
state medical board adopted pursuant to this chapter.	2858

(2) An individual whom the state medical board authorizes to	2859
engage in the practice of mechanotherapy may render the	2860
professional services of a mechanotherapist within this state	2861
through a corporation formed under division (B) of section 1701.03	2862
of the Revised Code, a limited liability company formed under	2863
Chapter 1705. of the Revised Code, a partnership, or a	2864
professional association formed under Chapter 1785. of the Revised	2865
Code. Division (A)(2) of this section does not preclude an	2866
individual of that nature from rendering professional services as	2867
a mechanotherapist through another form of business entity,	2868
including, but not limited to, a nonprofit corporation or	2869
foundation, or in another manner that is authorized by or in	2870
accordance with this chapter, another chapter of the Revised Code,	2871
or rules of the state medical board adopted pursuant to this	2872
chapter.	2873

(B) A corporation, limited liability company, partnership, or	2874
professional association described in division (A) of this section	2875
may be formed for the purpose of providing a combination of the	2876
professional services of the following individuals who are	2877
licensed, certificated, or otherwise legally authorized to	2878
practice their respective professions:	2879

(1) Optometrists who are authorized to practice optometry	2880
under Chapter 4725. of the Revised Code;	2881

(2) Chiropractors who are authorized to practice chiropractic	2882
or acupuncture under Chapter 4734. of the Revised Code;	2883

(3) Psychologists who are authorized to practice psychology	2884
under Chapter 4732. of the Revised Code;	2885

(4) Registered or licensed practical nurses who are	2886
authorized to practice nursing as registered nurses or as licensed	2887
practical nurses under Chapter 4723. of the Revised Code;	2888

(5) Pharmacists who are authorized to practice pharmacy under	2889
Chapter 4729. of the Revised Code;	2890

(6) Physical therapists who are authorized to practice	2891
physical therapy under sections 4755.40 to 4755.56 of the Revised	2892
Code;	2893

(7) Occupational therapists who are authorized to practice	2894
occupational therapy under sections 4755.04 to 4755.13 of the	2895
Revised Code;	2896

(8) Mechanotherapists who are authorized to practice	2897
mechanotherapy under section 4731.151 of the Revised Code;	2898

(9) Doctors of medicine and surgery, osteopathic medicine and	2899
surgery, or podiatric medicine and surgery who are authorized for	2900
their respective practices under this chapter.	2901

(C) Division (B) of this section shall apply notwithstanding	2902
a provision of a code of ethics described in division (B)(18)(14)	2903
of section 4731.22 of the Revised Code that prohibits either of	2904
the following:	2905

(1) A doctor of medicine and surgery, osteopathic medicine	2906
and surgery, or podiatric medicine and surgery from engaging in	2907
the doctor's authorized practice in combination with a person who	2908
is licensed, certificated, or otherwise legally authorized to	2909
engage in the practice of optometry, chiropractic, acupuncture	2910
through the state chiropractic board, psychology, nursing,	2911
pharmacy, physical therapy, occupational therapy, or	2912
mechanotherapy, but who is not also licensed, certificated, or	2913
otherwise legally authorized to practice medicine and surgery,	2914
osteopathic medicine and surgery, or podiatric medicine and	2915
surgery.	2916

(2) A mechanotherapist from engaging in the practice of	2917
mechanotherapy in combination with a person who is licensed,	2918
certificated, or otherwise legally authorized to engage in the	2919
practice of optometry, chiropractic, acupuncture through the state	2920
chiropractic board, psychology, nursing, pharmacy, physical	2921
therapy, occupational therapy, medicine and surgery, osteopathic	2922
medicine and surgery, or podiatric medicine and surgery, but who	2923
is not also licensed, certificated, or otherwise legally	2924
authorized to engage in the practice of mechanotherapy.	2925

Sec. 4731.25.  The state medical board, in accordance with	2926
Chapter 119. of the Revised Code, shall adopt and may amend and	2927
rescind rules establishing standards for approval of physicians	2928
and facilities as treatment providers for impaired practitioners	2929
who are regulated under this chapter or Chapter 4730., 4760.,	2930
4762., or 4774. of the Revised Code. The rules shall include	2931
standards for both inpatient and outpatient treatment. The rules	2932
shall provide that in order to be approved, a treatment provider	2933
must have the capability of making an initial examination to	2934
determine what type of treatment an impaired practitioner	2935
requires. Subject to the rules, the board shall review and approve	2936
treatment providers on a regular basis. The board, at its	2937
discretion, may withdraw or deny approval subject to the rules.	2938

An approved impaired practitioner treatment provider shall:

2939

(A) Report to the board the name of any practitioner	2940
suffering or showing evidence of suffering impairment as described	2941
in division (B)(5) of section 4730.25 of the Revised Code,	2942
division (B)(26)(22) of section 4731.22 of the Revised Code,	2943
division (B)(6) of section 4760.13 of the Revised Code, division	2944
(B)(6) of section 4762.13 of the Revised Code, or division	2945
(B)(6) of section 4774.13 of the Revised Code who fails to comply	2946
within one week with a referral for examination;	2947

(B) Report to the board the name of any impaired practitioner	2948
who fails to enter treatment within forty-eight hours following	2949
the provider's determination that the practitioner needs	2950
treatment;	2951

(C) Require every practitioner who enters treatment to agree	2952
to a treatment contract establishing the terms of treatment and	2953
aftercare, including any required supervision or restrictions of	2954
practice during treatment or aftercare;	2955

(D) Require a practitioner to suspend practice upon entry	2956
into any required inpatient treatment;	2957

(E) Report to the board any failure by an impaired	2958
practitioner to comply with the terms of the treatment contract	2959
during inpatient or outpatient treatment or aftercare;	2960

(F) Report to the board the resumption of practice of any	2961
impaired practitioner before the treatment provider has made a	2962
clear determination that the practitioner is capable of practicing	2963
according to acceptable and prevailing standards of care;	2964

(G) Require a practitioner who resumes practice after	2965
completion of treatment to comply with an aftercare contract that	2966
meets the requirements of rules adopted by the board for approval	2967
of treatment providers;	2968

(H) Report the identity of any practitioner practicing under	2969
the terms of an aftercare contract to hospital administrators,	2970
medical chiefs of staff, and chairpersons of impaired practitioner	2971
committees of all health care institutions at which the	2972
practitioner holds clinical privileges or otherwise practices. If	2973
the practitioner does not hold clinical privileges at any health	2974
care institution, the treatment provider shall report the	2975
practitioner's identity to the impaired practitioner committee of	2976
the county medical society, osteopathic academy, or podiatric	2977
medical association in every county in which the practitioner	2978
practices. If there are no impaired practitioner committees in the	2979
county, the treatment provider shall report the practitioner's	2980
identity to the president or other designated member of the county	2981
medical society, osteopathic academy, or podiatric medical	2982
association.	2983

(I) Report to the board the identity of any practitioner who	2984
suffers a relapse at any time during or following aftercare.	2985

Any individual authorized to practice under this chapter who	2986
enters into treatment by an approved treatment provider shall be	2987
deemed to have waived any confidentiality requirements that would	2988
otherwise prevent the treatment provider from making reports	2989
required under this section.	2990

In the absence of fraud or bad faith, no person or	2991
organization that conducts an approved impaired practitioner	2992
treatment program, no member of such an organization, and no	2993
employee, representative, or agent of the treatment provider shall	2994
be held liable in damages to any person by reason of actions taken	2995
or recommendations made by the treatment provider or its	2996
employees, representatives, or agents.	2997

Sec. 4732.17.  (A) The state board of psychology may refuse	2998
to issue a license to any applicant, may issue a reprimand, or	2999
suspend or revoke the license of any licensed psychologist or	3000
licensed school psychologist, on any of the following grounds:	3001

(1) Conviction of or plea of guilty to a felony, or of any	3002
criminal offense involving moral turpitudethat is substantially	3003
related to the practice of psychology, in a court of this or any	3004
other state or in a federal court;	3005

(2) Using fraud or deceit in the procurement of the license	3006
to practice psychology or school psychology or knowingly assisting	3007
another in the procurement of such a license through fraud or	3008
deceit;	3009

(3) Accepting commissions or rebates or other forms of	3010
remuneration for referring persons to other professionals;	3011

(4) Willful, unauthorized communication of information	3012
received in professional confidence;	3013

(5) Being negligent in the practice of psychology or school	3014
psychology;	3015

(6) Using any controlled substance or alcoholic beverage to	3016
an extent that such use impairs the person's ability to perform	3017
the work of a psychologist or school psychologist with safety to	3018
the public;	3019

(7) Subject to section 4732.28 of the Revised Code, violating	3020
any rule of professional conduct promulgated by the board;	3021

(8) Practicing in an area of psychology for which the person	3022
is clearly untrained or incompetent;	3023

(9) An adjudication by a court, as provided in section	3024
5122.301 of the Revised Code, that the person is incompetent for	3025
the purpose of holding the license. Such person may have the	3026
person's license issued or restored only upon determination by a	3027
court that the person is competent for the purpose of holding the	3028
license and upon the decision by the board that such license be	3029
issued or restored. The board may require an examination prior to	3030
such issuance or restoration.	3031

(10) Waiving the payment of all or any part of a deductible	3032
or copayment that a patient, pursuant to a health insurance or	3033
health care policy, contract, or plan that covers psychological	3034
services, would otherwise be required to pay if the waiver is used	3035
as an enticement to a patient or group of patients to receive	3036
health care services from that provider;	3037

(11) Advertising that the person will waive the payment of	3038
all or any part of a deductible or copayment that a patient,	3039
pursuant to a health insurance or health care policy, contract, or	3040
plan that covers psychological services, would otherwise be	3041
required to pay;	3042

(12) Notwithstanding divisiondivisions (A)(10) and (11) of	3043
this section, sanctions shall not be imposed against any licensee	3044
who waives deductibles and copayments:	3045

(a) In compliance with the health benefit plan that expressly	3046
allows such a practice. Waiver of the deductibles or copays shall	3047
be made only with the full knowledge and consent of the plan	3048
purchaser, payer, and third-party administrator. Such consent	3049
shall be made available to the board upon request.	3050

(b) For professional services rendered to any other person	3051
licensed pursuant to this chapter to the extent allowed by this	3052
chapter and the rules of the board.	3053

(B) Except as provided in section 4732.171 of the Revised	3054
Code, before the board may deny, suspend, or revoke a license	3055
under this section, or otherwise discipline the holder of a	3056
license, written charges shall be filed with the board by the	3057
secretary and a hearing shall be had thereon in accordance with	3058
Chapter 119. of the Revised Code.	3059

(C) As used in this section, a "criminal offense that is	3060
substantially related" has the same meaning as in section 4743.06	3061
of the Revised Code.	3062

Sec. 4733.20.  (A) Pursuant to this section, the state board	3063
of registration for professional engineers and surveyors may fine,	3064
revoke, suspend, refuse to renew, or limit the registration, or	3065
reprimand, place on probation, deny an applicant the opportunity	3066
to sit for an examination or to have an examination scored, or	3067
impose any combination of these disciplinary measures on any	3068
applicant or registrant, or revoke the certificate of	3069
authorization of any holder found to be or to have been engaged in	3070
any one or more of the following acts or practices:	3071

(1) Any fraud or deceit in obtaining registration or a	3072
certificate of authorization;	3073

(2) Any gross negligence, incompetency, or misconduct in the	3074
practice of professional engineering or professional surveying as	3075
a registered professional engineer or registered professional	3076
surveyor;	3077

(3) Aiding or abetting any person to practice professional	3078
engineering or professional surveying illegally in the state;	3079

(4) Conviction of or plea of guilty to any felony or crime	3080
involving moral turpitudea criminal offense that is substantially	3081
related to the practice of professional engineering or	3082
professional surveying;	3083

(5) Violation of this chapter or any rule adopted by the	3084
board;	3085

(6) Violation of any condition of limitation placed by the	3086
board upon the registration of any professional engineer or	3087
professional surveyor;	3088

(7) Failure to abide by or comply with examination	3089
instructions.	3090

(B) The board shall cause to have prepared and shall adopt a	3091
code of ethics, which it shall make known to every registrant. The	3092
board may revise and amend this code of ethics from time to time	3093
in accordance with Chapter 119. of the Revised Code.	3094

(C) Any person may file with the board a complaint alleging	3095
fraud, deceit, gross negligence, incompetency, misconduct, or	3096
violation of this chapter or any rule adopted by the board	3097
pursuant to section 4733.07 of the Revised Code. Complaints shall	3098
be in writing.	3099

(D) The board may investigate any registrant or holder of a	3100
certificate of authorization to determine whether the registrant	3101
or certificate holder is or has been engaged in any one or more of	3102
the acts or practices listed in division (A) of this section. The	3103
board, by subpoena, may compel witnesses to appear and testify in	3104
relation to any investigation under this chapter and may require,	3105
by subpoena duces tecum, the production and copying of any book,	3106
paper, or document pertaining to an investigation. If a person	3107
fails to comply with the subpoena or subpoena duces tecum, the	3108
board may apply to the Franklin county court of common pleas for	3109
an order compelling the person to comply or, for the failure to do	3110
so, to be held in contempt of court.	3111

(E) If the board determines there is cause to believe that an	3112
applicant, registrant, or a holder of a certificate of	3113
authorization is or has been engaged in any act or practice listed	3114
in division (A) of this section, the board shall issue a written	3115
charge and notify the applicant, registrant, or certificate holder	3116
of the right to an adjudication hearing, in accordance with	3117
Chapter 119. of the Revised Code. If the accused applicant,	3118
registrant, or holder of a certificate of authorization fails or	3119
refuses to appear, or does not request a hearing within the time	3120
period specified in Chapter 119. of the Revised Code, the board	3121
may determine the validity of the charge and issue an adjudication	3122
order in accordance with Chapter 119. of the Revised Code.	3123

(F) If a majority of the board votes in favor of sustaining	3124
the charge, the board shall impose one or any combination of the	3125
following disciplinary measures:	3126

(1) Reprimanding the individual;

3127

(2) Imposing a fine on the individual of not more than one	3128
thousand dollars for each offense committed by the individual;	3129

(3) Refusing to renew, suspending, or revoking the	3130
individual's registration, or revoking the holder's certificate of	3131
authorization;	3132

(4) Refusing to allow an applicant to take an examination;

3133

(5) Refusing to score an applicant's examination.

3134

The board, for good cause shown, may reregister any person or	3135
reissue a certificate of authorization to any corporation, firm,	3136
partnership, association, or limited liability company whose	3137
registration or certificate has been revoked or suspended.	3138

(G) Any applicant, registrant, or certificate holder	3139
aggrieved by any action of the board in fining the registrant or	3140
denying, suspending, refusing to renew, or revoking the	3141
registrant's registration or a certificate of authorization, or	3142
denying an applicant the opportunity to take an examination or to	3143
have an examination scored may appeal such action to the proper	3144
court under section 119.12 of the Revised Code.	3145

(H) A new certificate of authorization to replace any	3146
certificate revoked, lost, destroyed, or mutilated, may be issued,	3147
subject to the rules of the board, upon payment of a fee	3148
established by the board at an amount adequate to cover the	3149
expense of issuing a duplicate certificate of authorization.	3150

(I) As used in this section, a "criminal offense that is	3151
substantially related" has the same meaning as in section 4743.06	3152
of the Revised Code.	3153

Sec. 4734.31.  (A) The state chiropractic board may take any	3154
of the actions specified in division (B) of this section against	3155
an individual who has applied for or holds a license to practice	3156
chiropractic in this state if any of the reasons specified in	3157
division (C) of this section for taking action against an	3158
individual are applicable. Except as provided in division (D) of	3159
this section, actions taken against an individual shall be taken	3160
in accordance with Chapter 119. of the Revised Code. The board may	3161
specify that any action it takes is a permanent action. The	3162
board's authority to take action against an individual is not	3163
removed or limited by the individual's failure to renew a license.	3164

(B) In its imposition of sanctions against an individual, the	3165
board may do any of the following:	3166

(1) Refuse to issue, renew, restore, or reinstate a license	3167
to practice chiropractic or a certificate to practice acupuncture;	3168

(2) Reprimand or censure a license holder;

3169

(3) Place limits, restrictions, or probationary conditions on	3170
a license holder's practice;	3171

(4) Impose a civil fine of not more than five thousand	3172
dollars according to a schedule of fines specified in rules that	3173
the board shall adopt in accordance with Chapter 119. of the	3174
Revised Code.	3175

(5) Suspend a license to practice chiropractic or a	3176
certificate to practice acupuncture for a limited or indefinite	3177
period;	3178

(6) Revoke a license to practice chiropractic or a	3179
certificate to practice acupuncture.	3180

(C) The board may take the actions specified in division (B)	3181
of this section for any of the following reasons:	3182

(1) A plea of guilty to, a judicial finding of guilt of, or	3183
a judicial finding of eligibility for intervention in lieu of	3184
conviction for, a felonycriminal offense that is substantially	3185
related to the practice of chiropractic or acupuncture in any	3186
jurisdiction, in which case a certified copy of the court record	3187
shall be conclusive evidence of the conviction;	3188

(2) Commission of an act that constitutes a felonycriminal	3189
offense that is substantially related to the practice of	3190
chiropractic or acupuncture in this state, regardless of the	3191
jurisdiction in which the act was committed;	3192

(3) A plea of guilty to, a judicial finding of guilt of, or a	3193
judicial finding of eligibility for intervention in lieu of	3194
conviction for, a misdemeanor involving moral turpitude, as	3195
determined by the board, in which case a certified copy of the	3196
court record shall be conclusive evidence of the matter;	3197

(4) Commission of an act involving moral turpitude that	3198
constitutes a misdemeanor in this state, regardless of the	3199
jurisdiction in which the act was committed;	3200

(5) A plea of guilty to, a judicial finding of guilt of, or a	3201
judicial finding of eligibility for intervention in lieu of	3202
conviction for, a misdemeanor committed in the course of practice,	3203
in which case a certified copy of the court record shall be	3204
conclusive evidence of the matter;	3205

(6) Commission of an act in the course of practice that	3206
constitutes a misdemeanor in this state, regardless of the	3207
jurisdiction in which the act was committed;	3208

(7) A violation or attempted violation of this chapter or the	3209
rules adopted under it governing the practice of chiropractic and	3210
the practice of acupuncture by a chiropractor licensed under this	3211
chapter;	3212

(8)(4) Failure to cooperate in an investigation conducted by	3213
the board, including failure to comply with a subpoena or order	3214
issued by the board or failure to answer truthfully a question	3215
presented by the board at a deposition or in written	3216
interrogatories, except that failure to cooperate with an	3217
investigation shall not constitute grounds for discipline under	3218
this section if the board or a court of competent jurisdiction	3219
has issued an order that either quashes a subpoena or permits the	3220
individual to withhold the testimony or evidence in issue;	3221

(9)(5) Engaging in an ongoing professional relationship with	3222
a person or entity that violates any provision of this chapter or	3223
the rules adopted under it, unless the chiropractor makes a good	3224
faith effort to have the person or entity comply with the	3225
provisions;	3226

(10)(6) Retaliating against a chiropractor for the	3227
chiropractor's reporting to the board or any other agency with	3228
jurisdiction any violation of the law or for cooperating with the	3229
board of another agency in the investigation of any violation of	3230
the law;	3231

(11)(7) Aiding, abetting, assisting, counseling, or	3232
conspiring with any person in that person's violation of any	3233
provision of this chapter or the rules adopted under it, including	3234
the practice of chiropractic without a license, the practice of	3235
acupuncture without a certificate, or aiding, abetting,	3236
assisting, counseling, or conspiring with any person in that	3237
person's unlicensed practice of any other health care profession	3238
that has licensing requirements;	3239

(12)(8) With respect to a report or record that is made,	3240
filed, or signed in connection with the practice of chiropractic	3241
or acupuncture, knowingly making or filing a report or record	3242
that is false, intentionally or negligently failing to file a	3243
report or record required by federal, state, or local law or	3244
willfully impeding or obstructing the required filing, or	3245
inducing another person to engage in any such acts;	3246

(13)(9) Making a false, fraudulent, or deceitful statement to	3247
the board or any agent of the board during any investigation or	3248
other official proceeding conducted by the board under this	3249
chapter or in any filing that must be submitted to the board;	3250

(14)(10) Attempting to secure a license to practice	3251
chiropractic or certificate to practice acupuncture or to corrupt	3252
the outcome of an official board proceeding through bribery or	3253
any other improper means;	3254

(15)(11) Willfully obstructing or hindering the board or any	3255
agent of the board in the discharge of the board's duties;	3256

(16)(12) Habitually using drugs or intoxicants to the extent	3257
that the person is rendered unfit for the practice of	3258
chiropractic or acupuncture;	3259

(17)(13) Inability to practice chiropractic or acupuncture	3260
according to acceptable and prevailing standards of care by reason	3261
of chemical dependency, mental illness, or physical illness,	3262
including conditions in which physical deterioration has adversely	3263
affected the person's cognitive, motor, or perceptive skills and	3264
conditions in which a chiropractor's continued practice may pose a	3265
danger to the chiropractor or the public;	3266

(18)(14) Any act constituting gross immorality relative to	3267
the person's practice of chiropractic or acupuncture, including	3268
acts involving sexual abuse, sexual misconduct, or sexual	3269
exploitation;	3270

(19)(15) Exploiting a patient for personal or financial gain;

3271

(20)(16) Failing to maintain proper, accurate, and legible	3272
records in the English language documenting each patient's care,	3273
including, as appropriate, records of the following: dates of	3274
treatment, services rendered, examinations, tests, x-ray reports,	3275
referrals, and the diagnosis or clinical impression and clinical	3276
treatment plan provided to the patient;	3277

(21)(17) Except as otherwise required by the board or by law,	3278
disclosing patient information gained during the chiropractor's	3279
professional relationship with a patient without obtaining the	3280
patient's authorization for the disclosure;	3281

(22)(18) Commission of willful or gross malpractice, or	3282
willful or gross neglect, in the practice of chiropractic or	3283
acupuncture;	3284

(23)(19) Failing to perform or negligently performing an act	3285
recognized by the board as a general duty or the exercise of due	3286
care in the practice of chiropractic or acupuncture, regardless of	3287
whether injury results to a patient from the failure to perform or	3288
negligent performance of the act;	3289

(24)(20) Engaging in any conduct or practice that impairs or	3290
may impair the ability to practice chiropractic or acupuncture	3291
safely and skillfully;	3292

(25)(21) Practicing, or claiming to be capable of practicing,	3293
beyond the scope of the practice of chiropractic or acupuncture as	3294
established under this chapter and the rules adopted under this	3295
chapter;	3296

(26)(22) Accepting and performing professional	3297
responsibilities as a chiropractor or chiropractor with a	3298
certificate to practice acupuncture when not qualified to perform	3299
those responsibilities, if the person knew or had reason to know	3300
that the person was not qualified to perform them;	3301

(27)(23) Delegating any of the professional responsibilities	3302
of a chiropractor or chiropractor with a certificate to practice	3303
acupuncture to an employee or other individual when the delegating	3304
chiropractor knows or had reason to know that the employee or	3305
other individual is not qualified by training, experience, or	3306
professional licensure to perform the responsibilities;	3307

(28)(24) Delegating any of the professional responsibilities	3308
of a chiropractor or chiropractor with a certificate to practice	3309
acupuncture to an employee or other individual in a negligent	3310
manner or failing to provide proper supervision of the employee or	3311
other individual to whom the responsibilities are delegated;	3312

(29)(25) Failing to refer a patient to another health care	3313
practitioner for consultation or treatment when the chiropractor	3314
knows or has reason to know that the referral is in the best	3315
interest of the patient;	3316

(30)(26) Obtaining or attempting to obtain any fee or other	3317
advantage by fraud or misrepresentation;	3318

(31)(27) Making misleading, deceptive, false, or fraudulent	3319
representations in the practice of chiropractic or acupuncture;	3320

(32)(28) Being guilty of false, fraudulent, deceptive, or	3321
misleading advertising or other solicitations for patients or	3322
knowingly having professional connection with any person that	3323
advertises or solicits for patients in such a manner;	3324

(33)(29) Violation of a provision of any code of ethics	3325
established or adopted by the board under section 4734.16 of the	3326
Revised Code;	3327

(34)(30) Failing to meet the examination requirements for	3328
receipt of a license specified under section 4734.20 of the	3329
Revised Code;	3330

(35)(31) Actions taken for any reason, other than nonpayment	3331
of fees, by the chiropractic or acupuncture licensing authority of	3332
another state or country;	3333

(36)(32) Failing to maintain clean and sanitary conditions at	3334
the clinic, office, or other place in which chiropractic services	3335
or acupuncture services are provided;	3336

(37)(33) Except as provided in division (G) of this section:

3337

(a) Waiving the payment of all or any part of a deductible or	3338
copayment that a patient, pursuant to a health insurance or health	3339
care policy, contract, or plan that covers the chiropractor's	3340
services, otherwise would be required to pay if the waiver is used	3341
as an enticement to a patient or group of patients to receive	3342
health care services from that chiropractor;	3343

(b) Advertising that the chiropractor will waive the payment	3344
of all or any part of a deductible or copayment that a patient,	3345
pursuant to a health insurance or health care policy, contract, or	3346
plan that covers the chiropractor's services, otherwise would be	3347
required to pay.	3348

(38)(34) Failure to supervise an acupuncturist in accordance	3349
with the provisions of section 4762.11 of the Revised Code that	3350
are applicable to the supervising chiropractor of an	3351
acupuncturist.	3352

(D) The adjudication requirements of Chapter 119. of the	3353
Revised Code apply to the board when taking actions against an	3354
individual under this section, except as follows:	3355

(1) An applicant is not entitled to an adjudication for	3356
failing to meet the conditions specified under section 4734.20 of	3357
the Revised Code for receipt of a license that involve the board's	3358
examination on jurisprudence or the examinations of the national	3359
board of chiropractic examiners.	3360

(2) A person is not entitled to an adjudication if the person	3361
fails to make a timely request for a hearing, in accordance with	3362
Chapter 119. of the Revised Code.	3363

(3) In lieu of an adjudication, the board may accept the	3364
surrender of a license to practice chiropractic or certificate to	3365
practice acupuncture from a chiropractor.	3366

(4) In lieu of an adjudication, the board may enter into a	3367
consent agreement with an individual to resolve an allegation of a	3368
violation of this chapter or any rule adopted under it. A consent	3369
agreement, when ratified by the board, shall constitute the	3370
findings and order of the board with respect to the matter	3371
addressed in the agreement. If the board refuses to ratify a	3372
consent agreement, the admissions and findings contained in the	3373
consent agreement shall be of no force or effect.	3374

(E) This section does not require the board to hire,	3375
contract with, or retain the services of an expert witness when	3376
the board takes action against a chiropractor concerning	3377
compliance with acceptable and prevailing standards of care in the	3378
practice of chiropractic or acupuncture. As part of an action	3379
taken concerning compliance with acceptable and prevailing	3380
standards of care, the board may rely on the knowledge of its	3381
members for purposes of making a determination of compliance,	3382
notwithstanding any expert testimony presented by the chiropractor	3383
that contradicts the knowledge and opinions of the members of the	3384
board.	3385

(F) The sealing of conviction records by a court shall have	3386
no effect on a prior board order entered under this section or on	3387
the board's jurisdiction to take action under this section if,	3388
based on a plea of guilty, a judicial finding of guilt, or a	3389
judicial finding of eligibility for intervention in lieu of	3390
conviction, the board issued a notice of opportunity for a hearing	3391
prior to the court's order to seal the records. The board shall	3392
not be required to seal, destroy, redact, or otherwise modify its	3393
records to reflect the court's sealing of conviction records.	3394

(G) Actions shall not be taken pursuant to division	3395
(C)(37)(33) of this section against any chiropractor who waives	3396
deductibles and copayments as follows:	3397

(1) In compliance with the health benefit plan that expressly	3398
allows a practice of that nature. Waiver of the deductibles or	3399
copayments shall be made only with the full knowledge and consent	3400
of the plan purchaser, payer, and third-party administrator.	3401
Documentation of the consent shall be made available to the board	3402
upon request.	3403

(2) For professional services rendered to any other person	3404
licensed pursuant to this chapter, to the extent allowed by this	3405
chapter and the rules of the board.	3406

(H) As used in this section, a "criminal offense that is	3407
substantially related" has the same meaning as in section 4743.06	3408
of the Revised Code.	3409

Sec. 4734.39.  (A) For purposes of the state chiropractic	3410
board's enforcement of division (C)(16)(12) or (17)(13) of section	3411
4734.31 of the Revised Code, an individual who applies for or	3412
receives a license to practice chiropractic or certificate to	3413
practice acupuncture under this chapter accepts the privilege of	3414
practicing chiropractic and, if applicable, acupuncture in this	3415
state and, by so doing, shall be deemed to have given consent to	3416
submit to a mental or physical examination when directed to do so	3417
in writing by the board in its enforcement of those divisions,	3418
and to have waived all objections to the admissibility of	3419
testimony or examination reports that constitute a privileged	3420
communication.	3421

(B) If the board has reason to believe that a chiropractor or	3422
applicant suffers an impairment described in division (C)(16)(12)	3423
or (17)(13) of section 4734.31 of the Revised Code, the board may	3424
compel the individual to submit to a mental or physical	3425
examination, or both. The expense of the examination is the	3426
responsibility of the individual compelled to be examined. Any	3427
mental or physical examination required under this section shall	3428
be undertaken by a provider who is qualified to conduct the	3429
examination and who is chosen by the board.	3430

Failure to submit to a mental or physical examination ordered	3431
by the board constitutes an admission of the allegations against	3432
the individual unless the failure is due to circumstances beyond	3433
the individual's control. A default and final order may be entered	3434
without the taking of testimony or presentation of evidence.	3435

If the board determines that an individual's ability to	3436
practice is impaired, the board shall suspend the individual's	3437
license to practice chiropractic and, if applicable, certificate	3438
to practice acupuncture or deny the individual's application and	3439
shall require the individual, as a condition for initial,	3440
continued, reinstated, restored, or renewed certification to	3441
practice, to submit to care, counseling, or treatment.	3442

(C) Before being eligible to apply for reinstatement of a	3443
license or certificate suspended under division (C)(16)(12) of	3444
section 4734.31 of the Revised Code or the chemical dependency	3445
provisions of division (C)(17)(13) of section 4731.344734.31 of	3446
the Revised Code, the impaired individual shall demonstrate to the	3447
board the ability to resume practice in compliance with	3448
acceptable and prevailing standards of care in the practice of	3449
chiropractic and, if applicable, acupuncture under this chapter.	3450
If rules have been adopted under section 4734.40 of the Revised	3451
Code, the demonstration shall include, but shall not be limited	3452
to, the following:	3453

(1) Certification from a treatment provider approved under	3454
section 4734.40 of the Revised Code that the individual has	3455
successfully completed any required inpatient treatment;	3456

(2) Evidence of continuing full compliance with an aftercare	3457
contract or consent agreement;	3458

(3) Two written reports indicating that the individual's	3459
ability to practice has been assessed and that the individual has	3460
been found capable of practicing according to acceptable and	3461
prevailing standards of care. The reports shall be made by	3462
individuals or providers approved by the board for making the	3463
assessments and shall describe the basis for their determination.	3464

The board may reinstate a license and, if applicable,	3465
certificate suspended under this division after that demonstration	3466
and after the individual has entered into a written consent	3467
agreement.	3468

When the impaired individual resumes practice, the board	3469
shall require continued monitoring of the individual. The	3470
monitoring shall include, but not be limited to, compliance with	3471
the written consent agreement entered into before reinstatement or	3472
with conditions imposed by board order after a hearing, and, upon	3473
termination of the consent agreement, submission to the board for	3474
at least two years of annual written progress reports made under	3475
penalty of perjury stating whether the individual has maintained	3476
sobriety.	3477

Sec. 4735.07.  (A) The superintendent of real estate, with	3478
the consent of the Ohio real estate commission, may enter into	3479
agreements with recognized national testing services to administer	3480
the real estate broker's examination under the superintendent's	3481
supervision and control, consistent with the requirements of this	3482
chapter as to the contents of such examination.	3483

(B) No applicant for a real estate broker's license shall	3484
take the broker's examination who has not established to the	3485
satisfaction of the superintendent that the applicant:	3486

(1) Is honest, truthful, and of good reputation;

3487

(2)(a) Has not been convicted of or pleaded guilty to a	3488
felony or crime of moral turpitudecriminal offense that is	3489
substantially related to practice as a real estate broker, or if	3490
the applicant has been so convicted or so pleaded guilty, the	3491
superintendent has disregarded the conviction or guilty plea	3492
because the applicant has proven to the superintendent, by a	3493
preponderance of the evidence, that the applicant's activities and	3494
employment record since the conviction or guilty plea show that	3495
the applicant is honest, truthful, and of good reputation, and	3496
there is no basis in fact for believing that the applicant again	3497
will violate the laws involved;	3498

(b) Has not been finally adjudged by a court to have violated	3499
any municipal, state, or federal civil rights laws relevant to the	3500
protection of purchasers or sellers of real estate or, if the	3501
applicant has been so adjudged, at least two years have passed	3502
since the court decision and the superintendent has disregarded	3503
the adjudication because the applicant has proven, by a	3504
preponderance of the evidence, that the applicant's activities and	3505
employment record since the adjudication show that the applicant	3506
is honest, truthful, and of good reputation, and there is no basis	3507
in fact for believing that the applicant will again violate the	3508
laws involved.	3509

(3) Has not, during any period in which the applicant was	3510
licensed under this chapter, violated any provision of, or any	3511
rule adopted pursuant to, this chapter, or, if the applicant has	3512
violated any such provision or rule, has established to the	3513
satisfaction of the superintendent that the applicant will not	3514
again violate such provision or rule;	3515

(4) Is at least eighteen years of age;

3516

(5) Has been a licensed real estate broker or salesperson for	3517
at least two years; during at least two of the five years	3518
preceding the person's application, has worked as a licensed real	3519
estate broker or salesperson for an average of at least thirty	3520
hours per week; and has completed one of the following:	3521

(a) At least twenty real estate transactions, in which	3522
property was sold for another by the applicant while acting in the	3523
capacity of a real estate broker or salesperson;	3524

(b) Such equivalent experience as is defined by rules adopted	3525
by the commission.	3526

(6)(a) If licensed as a real estate salesperson prior to	3527
August 1, 2001, successfully has completed at an institution of	3528
higher education all of the following:	3529

(i) Thirty hours of classroom instruction in real estate	3530
practice;	3531

(ii) Thirty hours of classroom instruction that includes the	3532
subjects of Ohio real estate law, municipal, state, and federal	3533
civil rights law, new case law on housing discrimination,	3534
desegregation issues, and methods of eliminating the effects of	3535
prior discrimination. If feasible, the classroom instruction in	3536
Ohio real estate law shall be taught by a member of the faculty of	3537
an accredited law school. If feasible, the classroom instruction	3538
in municipal, state, and federal civil rights law, new case law on	3539
housing discrimination, desegregation issues, and methods of	3540
eliminating the effects of prior discrimination shall be taught by	3541
a staff member of the Ohio civil rights commission who is	3542
knowledgeable with respect to those subjects. The requirements of	3543
this division do not apply to an applicant who is admitted to	3544
practice before the supreme court.	3545

(iii) Thirty hours of classroom instruction in real estate	3546
appraisal;	3547

(iv) Thirty hours of classroom instruction in real estate	3548
finance;	3549

(v) Three quarter hours, or its equivalent in semester hours,	3550
in financial management;	3551

(vi) Three quarter hours, or its equivalent in semester	3552
hours, in human resource or personnel management;	3553

(vii) Three quarter hours, or its equivalent in semester	3554
hours, in applied business economics;	3555

(viii) Three quarter hours, or its equivalent in semester	3556
hours, in business law.	3557

(b) If licensed as a real estate salesperson on or after	3558
August 1, 2001, successfully has completed at an institution of	3559
higher education all of the following:	3560

(i) Forty hours of classroom instruction in real estate	3561
practice;	3562

(ii) Forty hours of classroom instruction that includes the	3563
subjects of Ohio real estate law, municipal, state, and federal	3564
civil rights law, new case law on housing discrimination,	3565
desegregation issues, and methods of eliminating the effects of	3566
prior discrimination. If feasible, the classroom instruction in	3567
Ohio real estate law shall be taught by a member of the faculty of	3568
an accredited law school. If feasible, the classroom instruction	3569
in municipal, state, and federal civil rights law, new case law on	3570
housing discrimination, desegregation issues, and methods of	3571
eliminating the effects of prior discrimination shall be taught by	3572
a staff member of the Ohio civil rights commission who is	3573
knowledgeable with respect to those subjects. The requirements of	3574
this division do not apply to an applicant who is admitted to	3575
practice before the supreme court.	3576

(iii) Twenty hours of classroom instruction in real estate	3577
appraisal;	3578

(iv) Twenty hours of classroom instruction in real estate	3579
finance;	3580

(v) The training in the amount of hours specified under	3581
divisions (B)(6)(a)(v), (vi), (vii), and (viii) of this section.	3582

(c) Division (B)(6)(a) or (b) of this section does not apply	3583
to any applicant who holds a valid real estate salesperson's	3584
license issued prior to January 2, 1972. Divisions (B)(6)(a)(v),	3585
(vi), (vii), and (viii) or division (B)(6)(b)(v) of this section	3586
do not apply to any applicant who holds a valid real estate	3587
salesperson's license issued prior to January 3, 1984.	3588

(7) If licensed as a real estate salesperson on or after	3589
January 3, 1984, satisfactorily has completed a minimum of two	3590
years of post-secondary education, or its equivalent in semester	3591
or quarter hours, at an institution of higher education, and has	3592
fulfilled the requirements of division (B)(6)(a) or (b) of this	3593
section. The requirements of division (B)(6)(a) or (b) of this	3594
section may be included in the two years of post-secondary	3595
education, or its equivalent in semester or quarter hours, that is	3596
required by this division.	3597

(C) Each applicant for a broker's license shall be examined	3598
in the principles of real estate practice, Ohio real estate law,	3599
and financing and appraisal, and as to the duties of real estate	3600
brokers and real estate salespersons, the applicant's knowledge of	3601
real estate transactions and instruments relating to them, and the	3602
canons of business ethics pertaining to them. The commission from	3603
time to time shall promulgate such canons and cause them to be	3604
published in printed form.	3605

(D) Examinations shall be administered with reasonable	3606
accommodations in accordance with the requirements of the	3607
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	3608
U.S.C. 12101. The contents of an examination shall be consistent	3609
with the requirements of division (B)(6) of this section and with	3610
the other specific requirements of this section. An applicant who	3611
has completed the requirements of division (B)(6) of this section	3612
at the time of application shall be examined no later than twelve	3613
months after the applicant is notified of admission to the	3614
examination.	3615

(E) The superintendent may waive one or more of the	3616
requirements of this section in the case of an application from a	3617
nonresident real estate broker pursuant to a reciprocity agreement	3618
with the licensing authority of the state from which the	3619
nonresident applicant holds a valid real estate broker license.	3620

(F) There shall be no limit placed on the number of times an	3621
applicant may retake the examination.	3622

(G)(1) No later than twelve months after the date of issue of	3623
a real estate broker's license to a licensee, the licensee shall	3624
submit proof satisfactory to the superintendent, on forms made	3625
available by the superintendent, of the completion of ten hours of	3626
classroom instruction in real estate brokerage at an institution	3627
of higher education or any other institution that is approved by	3628
the commission. That instruction shall include, but not be limited	3629
to, current issues in managing a real estate company or office.	3630

If the required proof of completion is not submitted to the	3631
superintendent within twelve months of the date a license is	3632
issued under this section, the license of the real estate broker	3633
is suspended automatically without the taking of any action by the	3634
superintendent. The broker's license shall not be reactivated by	3635
the superintendent until it is established, to the satisfaction of	3636
the superintendent, that the requirements of this division have	3637
been met and that the licensee is in compliance with this chapter.	3638
A licensee's license is revoked automatically without the taking	3639
of any action by the superintendent if the licensee fails to	3640
submit proof of completion of the education requirements specified	3641
under division (G)(1) of this section within twelve months of the	3642
date the license is suspended.	3643

(2) If the license of a real estate broker is suspended	3644
pursuant to division (G)(1) of this section, the license of a real	3645
estate salesperson associated with that broker correspondingly is	3646
suspended pursuant to division (H) of section 4735.20 of the	3647
Revised Code. However, the suspended license of the associated	3648
real estate salesperson shall be reactivated and no fee shall be	3649
charged or collected for that reactivation if all of the following	3650
occur:	3651

(a) That broker subsequently submits satisfactory proof to	3652
the superintendent that the broker has complied with the	3653
requirements of division (G)(1) of this section and requests that	3654
the broker's license as a real estate broker be reactivated;	3655

(b) The superintendent then reactivates the broker's license	3656
as a real estate broker;	3657

(c) The associated real estate salesperson intends to	3658
continue to be associated with that broker and otherwise is in	3659
compliance with this chapter.	3660

(H) As used in this section, a "criminal offense that is	3661
substantially related" has the same meaning as in section 4743.06	3662
of the Revised Code.	3663

Sec. 4735.09.  (A) Application for a license as a real estate	3664
salesperson shall be made to the superintendent of real estate on	3665
forms furnished by the superintendent and signed by the applicant.	3666
The application shall be in the form prescribed by the	3667
superintendent and shall contain such information as is required	3668
by this chapter and the rules of the Ohio real estate commission.	3669
The application shall be accompanied by the recommendation of the	3670
real estate broker with whom the applicant is associated or with	3671
whom the applicant intends to be associated, certifying that the	3672
applicant is honest, truthful, and of good reputation, has not	3673
been convicted of or pleaded guilty to a felony or a crime	3674
involving moral turpitudecriminal offense that is substantially	3675
related to practice as a real estate broker, and has not been	3676
finally adjudged by a court to have violated any municipal, state,	3677
or federal civil rights laws relevant to the protection of	3678
purchasers or sellers of real estate, which conviction, guilty	3679
plea, or adjudication the applicant has not disclosed to the	3680
superintendent, and recommending that the applicant be admitted to	3681
the real estate salesperson examination.	3682

(B) A fee of forty-nine dollars shall accompany the	3683
application, which fee includes the fee for the initial year of	3684
the licensing period, if a license is issued. The application fee	3685
shall be retained by the superintendent if the applicant is	3686
admitted to the examination for the license or the examination	3687
requirement is waived, but, if an applicant is not so admitted and	3688
a waiver is not involved, one-half of the fee shall be retained by	3689
the superintendent to cover the expenses of processing the	3690
application and the other one-half shall be returned to the	3691
applicant. A fee of forty-nine dollars shall be charged by the	3692
superintendent for each successive application made by the	3693
applicant. Four dollars of each application fee shall be credited	3694
to the real estate education and research fund.	3695

(C) There shall be no limit placed on the number of times an	3696
applicant may retake the examination.	3697

(D) The superintendent, with the consent of the commission,	3698
may enter into an agreement with a recognized national testing	3699
service to administer the real estate salesperson's examination	3700
under the superintendent's supervision and control, consistent	3701
with the requirements of this chapter as to the contents of the	3702
examination.	3703

If the superintendent, with the consent of the commission,	3704
enters into an agreement with a national testing service to	3705
administer the real estate salesperson's examination, the	3706
superintendent may require an applicant to pay the testing	3707
service's examination fee directly to the testing service. If the	3708
superintendent requires the payment of the examination fee	3709
directly to the testing service, each applicant shall submit to	3710
the superintendent a processing fee in an amount determined by the	3711
Ohio real estate commission pursuant to division (A)(1) of section	3712
4735.10 of the Revised Code.	3713

(E) The superintendent shall issue a real estate	3714
salesperson's license when satisfied that the applicant has	3715
received a passing score on each portion of the salesperson's	3716
examination as determined by rule by the real estate commission,	3717
except that the superintendent may waive one or more of the	3718
requirements of this section in the case of an applicant who is a	3719
licensed real estate salesperson in another state pursuant to a	3720
reciprocity agreement with the licensing authority of the state	3721
from which the applicant holds a valid real estate salesperson's	3722
license.	3723

(F) No applicant for a salesperson's license shall take the	3724
salesperson's examination who has not established to the	3725
satisfaction of the superintendent that the applicant:	3726

(1) Is honest, truthful, and of good reputation;

3727

(2)(a) Has not been convicted of or pleaded guilty to a	3728
felony or crime of moral turpitudecriminal offense that is	3729
substantially related to practice as a salesperson or, if the	3730
applicant has been so convicted or so pleaded guilty, the	3731
superintendent has disregarded the conviction or guilty plea	3732
because the applicant has proven to the superintendent, by a	3733
preponderance of the evidence, that the applicant's activities and	3734
employment record since the conviction or guilty plea show that	3735
the applicant is honest, truthful, and of good reputation, and	3736
there is no basis in fact for believing that the applicant again	3737
will violate the laws involved;	3738

(b) Has not been finally adjudged by a court to have violated	3739
any municipal, state, or federal civil rights laws relevant to the	3740
protection of purchasers or sellers of real estate or, if the	3741
applicant has been so adjudged, at least two years have passed	3742
since the court decision and the superintendent has disregarded	3743
the adjudication because the applicant has proven, by a	3744
preponderance of the evidence, that the applicant is honest,	3745
truthful, and of good reputation, and there is no basis in fact	3746
for believing that the applicant again will violate the laws	3747
involved.	3748

(3) Has not, during any period in which the applicant was	3749
licensed under this chapter, violated any provision of, or any	3750
rule adopted pursuant to this chapter, or, if the applicant has	3751
violated such provision or rule, has established to the	3752
satisfaction of the superintendent that the applicant will not	3753
again violate such provision or rule;	3754

(4) Is at least eighteen years of age;

3755

(5) If born after the year 1950, has a high school diploma or	3756
its equivalent as recognized by the state department of education;	3757

(6)(a) If beginning instruction prior to August 1, 2001, has	3758
successfully completed at an institution of higher education all	3759
of the following:	3760

(i) Thirty hours of classroom instruction in real estate	3761
practice;	3762

(ii) Thirty hours of classroom instruction that includes the	3763
subjects of Ohio real estate law, municipal, state, and federal	3764
civil rights law, new case law on housing discrimination,	3765
desegregation issues, and methods of eliminating the effects of	3766
prior discrimination. If feasible, the classroom instruction in	3767
Ohio real estate law shall be taught by a member of the faculty of	3768
an accredited law school. If feasible, the classroom instruction	3769
in municipal, state, and federal civil rights law, new case law on	3770
housing discrimination, desegregation issues, and methods of	3771
eliminating the effects of prior discrimination shall be taught by	3772
a staff member of the Ohio civil rights commission who is	3773
knowledgeable with respect to those subjects. The requirements of	3774
this division do not apply to an applicant who is admitted to	3775
practice before the supreme court.	3776

(iii) Thirty hours of classroom instruction in real estate	3777
appraisal;	3778

(iv) Thirty hours of classroom instruction in real estate	3779
finance.	3780

(b) Any person who has not been licensed as a real estate	3781
salesperson or broker within a four-year period immediately	3782
preceding the person's current application for the salesperson's	3783
examination shall have successfully completed the classroom	3784
instruction required by division (F)(6)(a) of this section within	3785
a ten-year period immediately preceding the person's current	3786
application for the salesperson's examination.	3787

(7) If beginning instruction, as determined by the	3788
superintendent, on or after August 1, 2001, has successfully	3789
completed at an institution of higher education all of the	3790
following:	3791

(a) Forty hours of classroom instruction in real estate	3792
practice;	3793

(b) Forty hours of classroom instruction that includes the	3794
subjects of Ohio real estate law, municipal, state, and federal	3795
civil rights law, new case law on housing discrimination,	3796
desegregation issues, and methods of eliminating the effects of	3797
prior discrimination. If feasible, the classroom instruction in	3798
Ohio real estate law shall be taught by a member of the faculty of	3799
an accredited law school. If feasible, the classroom instruction	3800
in municipal, state, and federal civil rights law, new case law on	3801
housing discrimination, desegregation issues, and methods of	3802
eliminating the effects of prior discrimination shall be taught by	3803
a staff member of the Ohio civil rights commission who is	3804
knowledgeable with respect to those subjects. The requirements of	3805
this division do not apply to an applicant who is admitted to	3806
practice before the supreme court.	3807

(c) Twenty hours of classroom instruction in real estate	3808
appraisal;	3809

(d) Twenty hours of classroom instruction in real estate	3810
finance.	3811

(G) No later than twelve months after the date of issue of a	3812
real estate salesperson license to a licensee, the licensee shall	3813
submit proof satisfactory to the superintendent, on forms made	3814
available by the superintendent, of completion, at an institution	3815
of higher education or any other institution approved by the	3816
commission, of ten hours of classroom instruction in real estate	3817
courses that cover current issues regarding consumers, real estate	3818
practice, ethics, and real estate law.	3819

If proof of completion of the required instruction is not	3820
submitted within twelve months of the date a license is issued	3821
under this section, the licensee's license is suspended	3822
automatically without the taking of any action by the	3823
superintendent. The superintendent immediately shall notify the	3824
broker with whom such salesperson is associated of the suspension	3825
of the salesperson's license. A salesperson whose license has been	3826
suspended under this division shall have twelve months after the	3827
date of the suspension of the salesperson's license to submit	3828
proof of successful completion of the instruction required under	3829
this division. No such license shall be reactivated by the	3830
superintendent until it is established, to the satisfaction of the	3831
superintendent, that the requirements of this division have been	3832
met and that the licensee is in compliance with this chapter. A	3833
licensee's license is revoked automatically without the taking of	3834
any action by the superintendent when the licensee fails to submit	3835
the required proof of completion of the education requirements	3836
under division (G) of this section within twelve months of the	3837
date the license is suspended.	3838

(H) Examinations shall be administered with reasonable	3839
accommodations in accordance with the requirements of the	3840
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	3841
U.S.C. 12101. The contents of an examination shall be consistent	3842
with the classroom instructional requirements of division (F)(6)	3843
or (7) of this section. An applicant who has completed the	3844
classroom instructional requirements of division (F)(6) or (7) of	3845
this section at the time of application shall be examined no later	3846
than twelve months after the applicant is notified of the	3847
applicant's admission to the examination.	3848

(I) As used in this section, a "criminal offense that is	3849
substantially related" has the same meaning as in section 4743.06	3850
of the Revised Code.	3851

Sec. 4735.13.  (A) The license of a real estate broker shall	3852
be prominently displayed in the office or place of business of the	3853
broker, and no license shall authorize the licensee to do business	3854
except from the location specified in it. If the broker maintains	3855
more than one place of business within the state, the broker shall	3856
apply for and procure a duplicate license for each branch office	3857
maintained by the broker. Each branch office shall be in the	3858
charge of a licensed broker or salesperson. The branch office	3859
license shall be prominently displayed at the branch office	3860
location.	3861

(B) The license of each real estate salesperson shall be	3862
mailed to and remain in the possession of the licensed broker with	3863
whom the salesperson is or is to be associated until the licensee	3864
places the license on inactive, voluntary hold, or resigned status	3865
or until the salesperson leaves the brokerage or is terminated.	3866
The broker shall keep each salesperson's license in a way that it	3867
can, and shall on request, be made immediately available for	3868
public inspection at the office or place of business of the	3869
broker. Except as provided in divisions (G) and (H) of this	3870
section, immediately upon the salesperson's leaving the	3871
association or termination of the association of a real estate	3872
salesperson with the broker, the broker shall return the	3873
salesperson's license to the superintendent of real estate.	3874

The failure of a broker to return the license of a real	3875
estate salesperson or broker who leaves or who is terminated, via	3876
certified mail return receipt requested, within three business	3877
days of the receipt of a written request from the superintendent	3878
for the return of the license, is prima-facie evidence of	3879
misconduct under division (A)(6) of section 4735.18 of the Revised	3880
Code.	3881

(C) Any licensee who is convicted of or pleads guilty to a	3882
felony or a crime involving moral turpitudecriminal offense that	3883
is substantially related to practice as a real estate broker or	3884
salesperson or of violating any federal, state, or municipal civil	3885
rights law pertaining to discrimination in housing, or any court	3886
that issues a finding of an unlawful discriminatory practice	3887
pertaining to housing accommodations described in division (H) of	3888
section 4112.02 of the Revised Code or that convicts a licensee of	3889
a violation of any municipal civil rights law pertaining to	3890
housing discrimination, shall notify the superintendent of the	3891
conviction, guilty plea, or finding within fifteen days. If a	3892
licensee fails to notify the superintendent within the required	3893
time, the superintendent immediately may revoke the license of the	3894
licensee.	3895

Any court that convicts a licensee of a violation of any	3896
municipal civil rights law pertaining to housing discrimination	3897
also shall notify the Ohio civil rights commission within fifteen	3898
days of the conviction.	3899

(D) In case of any change of business location, a broker	3900
shall give notice in writing to the superintendent, whereupon the	3901
superintendent shall issue new licenses for the unexpired period	3902
without charge. If a broker changes a business location without	3903
giving the required notice and without receiving new licenses that	3904
action is prima-facie evidence of misconduct under division (A)(6)	3905
of section 4735.18 of the Revised Code.	3906

(E) If a real estate broker desires to associate with another	3907
real estate broker in the capacity of a real estate salesperson,	3908
the broker shall apply to the superintendent to deposit the	3909
broker's real estate broker's license with the superintendent and	3910
for the issuance of a real estate salesperson's license. The	3911
application shall be made on a form prescribed by the	3912
superintendent and shall be accompanied by the recommendation of	3913
the real estate broker with whom the applicant intends to become	3914
associated and a fee of twenty-five dollars for the real estate	3915
salesperson's license. Four dollars of the fee shall be credited	3916
to the real estate education and research fund. If the	3917
superintendent is satisfied that the applicant is honest,	3918
truthful, and of good reputation, has not been convicted of or	3919
pleaded guilty to a felony or a crime involving moral turpitude	3920
criminal offense that is substantially related to practice as a	3921
real estate broker or salesperson, and has not been finally	3922
adjudged by a court to have violated any municipal, state, or	3923
federal civil rights laws relevant to the protection of purchasers	3924
or sellers of real estate, and that the association of the real	3925
estate broker and the applicant will be in the public interest,	3926
the superintendent shall grant the application and issue a real	3927
estate salesperson's license to the applicant. Any license so	3928
deposited with the superintendent shall be subject to this	3929
chapter. A broker who intends to deposit the broker's license with	3930
the superintendent, as provided in this section, shall give	3931
written notice of this fact in a format prescribed by the	3932
superintendent to all salespersons associated with the broker when	3933
applying to place the broker's license on deposit.	3934

(F) If a real estate broker desires to become a member or	3935
officer of a partnership, association, limited liability company,	3936
limited liability partnership, or corporation that is or intends	3937
to become a licensed real estate broker, the broker shall notify	3938
the superintendent of the broker's intentions. The notice of	3939
intention shall be on a form prescribed by the superintendent and	3940
shall be accompanied by a fee of twenty-five dollars. Four dollars	3941
of the fee shall be credited to the real estate education and	3942
research fund.	3943

No real estate broker who is a member or officer of a	3944
partnership, association, limited liability company, limited	3945
liability partnership, or corporation that is a licensed real	3946
estate broker shall perform any acts as a real estate broker other	3947
than as the agent of the partnership, association, limited	3948
liability company, limited liability partnership, or corporation,	3949
and such broker shall not have any real estate salespersons	3950
associated with the broker.	3951

(G) If a real estate broker or salesperson enters the armed	3952
forces, the broker or salesperson may place the broker's or	3953
salesperson's license on deposit with the Ohio real estate	3954
commission. The licensee shall not be required to renew the	3955
license until the renewal date that follows the date of discharge	3956
from the armed forces. Any license deposited with the commission	3957
shall be subject to this chapter. Any licensee whose license is on	3958
deposit under this division and who fails to meet the continuing	3959
education requirements of section 4735.141 of the Revised Code	3960
because the licensee is in the armed forces shall satisfy the	3961
commission that the licensee has complied with the continuing	3962
education requirements within twelve months of the licensee's	3963
discharge. The commission shall notify the licensee of the	3964
licensee's obligations under section 4735.141 of the Revised Code	3965
at the time the licensee applies for reactivation of the	3966
licensee's license.	3967

(H) If a licensed real estate salesperson submits an	3968
application to the superintendent to leave the association of one	3969
broker to associate with a different broker, the broker possessing	3970
the licensee's license need not return the salesperson's license	3971
to the superintendent. The superintendent may process the	3972
application regardless of whether the licensee's license is	3973
returned to the superintendent.	3974

(I) As used in this section, a "criminal offense that is	3975
substantially related" has the same meaning as in section 4743.06	3976
of the Revised Code.	3977

Sec. 4735.18.  (A) Subject to section 4735.32 of the Revised	3978
Code, the superintendent of real estate, upon the superintendent's	3979
own motion, may investigate the conduct of any licensee. Subject	3980
to section 4735.32 of the Revised Code, the Ohio real estate	3981
commission shall, pursuant to section 4735.051 of the Revised	3982
Code, impose disciplinary sanctions upon any licensee who, whether	3983
or not acting in the licensee's capacity as a real estate broker	3984
or salesperson, or in handling the licensee's own property, is	3985
found to have been convicted of or pleaded guilty to a felony or a	3986
crime of moral turpitudecriminal offense that is substantially	3987
related to practice as a real estate broker or salesperson, and	3988
shall, pursuant to section 4735.051 of the Revised Code, impose	3989
disciplinary sanctions upon any licensee who, in the licensee's	3990
capacity as a real estate broker or salesperson, or in handling	3991
the licensee's own property, is found guilty of:	3992

(1) Knowingly making any misrepresentation;

3993

(2) Making any false promises with intent to influence,	3994
persuade, or induce;	3995

(3) A continued course of misrepresentation or the making of	3996
false promises through agents, salespersons, advertising, or	3997
otherwise;	3998

(4) Acting for more than one party in a transaction except as	3999
permitted by and in compliance with section 4735.71 of the Revised	4000
Code;	4001

(5) Failure within a reasonable time to account for or to	4002
remit any money coming into the licensee's possession which	4003
belongs to others;	4004

(6) Dishonest or illegal dealing, gross negligence,	4005
incompetency, or misconduct;	4006

(7)(a) By final adjudication by a court, a violation of any	4007
municipal or federal civil rights law relevant to the protection	4008
of purchasers or sellers of real estate or, by final adjudication	4009
by a court, any unlawful discriminatory practice pertaining to the	4010
purchase or sale of real estate prohibited by Chapter 4112. of the	4011
Revised Code, provided that such violation arose out of a	4012
situation wherein parties were engaged in bona fide efforts to	4013
purchase, sell, or lease real estate, in the licensee's practice	4014
as a licensed real estate broker or salesperson;	4015

(b) A second or subsequent violation of any unlawful	4016
discriminatory practice pertaining to the purchase or sale of real	4017
estate prohibited by Chapter 4112. of the Revised Code or any	4018
second or subsequent violation of municipal or federal civil	4019
rights laws relevant to purchasing or selling real estate whether	4020
or not there has been a final adjudication by a court, provided	4021
that such violation arose out of a situation wherein parties were	4022
engaged in bona fide efforts to purchase, sell, or lease real	4023
estate. For any second offense under this division, the commission	4024
shall suspend for a minimum of two months or revoke the license of	4025
the broker or salesperson. For any subsequent offense, the	4026
commission shall revoke the license of the broker or salesperson.	4027

(8) Procuring a license under this chapter, for the licensee	4028
or any salesperson by fraud, misrepresentation, or deceit;	4029

(9) Having violated or failed to comply with any provision of	4030
sections 4735.51 to 4735.74 of the Revised Code or having	4031
willfully disregarded or violated any other provisions of this	4032
chapter;	4033

(10) As a real estate broker, having demanded, without	4034
reasonable cause, other than from a broker licensed under this	4035
chapter, a commission to which the licensee is not entitled, or,	4036
as a real estate salesperson, having demanded, without reasonable	4037
cause, a commission to which the licensee is not entitled;	4038

(11) Except as permitted under section 4735.20 of the Revised	4039
Code, having paid commissions or fees to, or divided commissions	4040
or fees with, anyone not licensed as a real estate broker or	4041
salesperson under this chapter or anyone not operating as an	4042
out-of-state commercial real estate broker or salesperson under	4043
section 4735.022 of the Revised Code;	4044

(12) Having falsely represented membership in any real estate	4045
professional association of which the licensee is not a member;	4046

(13) Having accepted, given, or charged any undisclosed	4047
commission, rebate, or direct profit on expenditures made for a	4048
principal;	4049

(14) Having offered anything of value other than the	4050
consideration recited in the sales contract as an inducement to a	4051
person to enter into a contract for the purchase or sale of real	4052
estate or having offered real estate or the improvements on real	4053
estate as a prize in a lottery or scheme of chance;	4054

(15) Having acted in the dual capacity of real estate broker	4055
and undisclosed principal, or real estate salesperson and	4056
undisclosed principal, in any transaction;	4057

(16) Having guaranteed, authorized, or permitted any person	4058
to guarantee future profits which may result from the resale of	4059
real property;	4060

(17) Having placed a sign on any property offering it for	4061
sale or for rent without the consent of the owner or the owner's	4062
authorized agent;	4063

(18) Having induced any party to a contract of sale or lease	4064
to break such contract for the purpose of substituting in lieu of	4065
it a new contract with another principal;	4066

(19) Having negotiated the sale, exchange, or lease of any	4067
real property directly with a seller, purchaser, lessor, or tenant	4068
knowing that such seller, purchaser, lessor, or tenant is	4069
represented by another broker under a written exclusive agency	4070
agreement, exclusive right to sell or lease listing agreement, or	4071
exclusive purchaser agency agreement with respect to such property	4072
except as provided for in section 4735.75 of the Revised Code;	4073

(20) Having offered real property for sale or for lease	4074
without the knowledge and consent of the owner or the owner's	4075
authorized agent, or on any terms other than those authorized by	4076
the owner or the owner's authorized agent;	4077

(21) Having published advertising, whether printed, radio,	4078
display, or of any other nature, which was misleading or	4079
inaccurate in any material particular, or in any way having	4080
misrepresented any properties, terms, values, policies, or	4081
services of the business conducted;	4082

(22) Having knowingly withheld from or inserted in any	4083
statement of account or invoice any statement that made it	4084
inaccurate in any material particular;	4085

(23) Having published or circulated unjustified or	4086
unwarranted threats of legal proceedings which tended to or had	4087
the effect of harassing competitors or intimidating their	4088
customers;	4089

(24) Having failed to keep complete and accurate records of	4090
all transactions for a period of three years from the date of the	4091
transaction, such records to include copies of listing forms,	4092
earnest money receipts, offers to purchase and acceptances of	4093
them, records of receipts and disbursements of all funds received	4094
by the licensee as broker and incident to the licensee's	4095
transactions as such, and records required pursuant to divisions	4096
(C)(4) and (5) of section 4735.20 of the Revised Code, and any	4097
other instruments or papers related to the performance of any of	4098
the acts set forth in the definition of a real estate broker;	4099

(25) Failure of a real estate broker or salesperson to	4100
furnish all parties involved in a real estate transaction true	4101
copies of all listings and other agreements to which they are a	4102
party, at the time each party signs them;	4103

(26) Failure to maintain at all times a special or trust bank	4104
account in a depository located in this state. The account shall	4105
be noninterest-bearing, separate and distinct from any personal or	4106
other account of the broker, and, except as provided in division	4107
(A)(27) of this section, shall be used for the deposit and	4108
maintenance of all escrow funds, security deposits, and other	4109
moneys received by the broker in a fiduciary capacity. The name,	4110
account number, if any, and location of the depository wherein	4111
such special or trust account is maintained shall be submitted in	4112
writing to the superintendent. Checks drawn on such special or	4113
trust bank accounts are deemed to meet the conditions imposed by	4114
section 1349.21 of the Revised Code.	4115

(27) Failure to maintain at all times a special or trust bank	4116
account in a depository in this state, to be used exclusively for	4117
the deposit and maintenance of all rents, security deposits,	4118
escrow funds, and other moneys received by the broker in a	4119
fiduciary capacity in the course of managing real property. This	4120
account shall be separate and distinct from any other account	4121
maintained by the broker. The name, account number, and location	4122
of the depository shall be submitted in writing to the	4123
superintendent. This account may earn interest, which shall be	4124
paid to the property owners on a pro rata basis.	4125

Division (A)(27) of this section does not apply to brokers	4126
who are not engaged in the management of real property on behalf	4127
of real property owners.	4128

(28) Having failed to put definite expiration dates in all	4129
written agency agreements to which the broker is a party;	4130

(29) Having an unsatisfied final judgment in any court of	4131
record against the licensee arising out of the licensee's conduct	4132
as a licensed broker or salesperson;	4133

(30) Failing to render promptly upon demand a full and	4134
complete statement of the expenditures by the broker or	4135
salesperson of funds advanced by or on behalf of a party to a real	4136
estate transaction to the broker or salesperson for the purpose of	4137
performing duties as a licensee under this chapter in conjunction	4138
with the real estate transaction;	4139

(31) Failure within a reasonable time, after the receipt of	4140
the commission by the broker, to render an accounting to and pay a	4141
real estate salesperson the salesperson's earned share of it;	4142

(32) Performing any service for another constituting the	4143
practice of law, as determined by any court of law;	4144

(33) Having been adjudicated incompetent for the purpose of	4145
holding the license by a court, as provided in section 5122.301 of	4146
the Revised Code. A license revoked or suspended under this	4147
division shall be reactivated upon proof to the commission of the	4148
removal of the disability.	4149

(34) Having authorized or permitted a person to act as an	4150
agent in the capacity of a real estate broker, or a real estate	4151
salesperson, who was not then licensed as a real estate broker or	4152
real estate salesperson under this chapter or who was not then	4153
operating as an out-of-state commercial real estate broker or	4154
salesperson under section 4735.022 of the Revised Code;	4155

(35) Having knowingly inserted or participated in inserting	4156
any materially inaccurate term in a document, including naming a	4157
false consideration;	4158

(36) Having failed to inform the licensee's client of the	4159
existence of an offer or counteroffer or having failed to present	4160
an offer or counteroffer in a timely manner, unless otherwise	4161
instructed by the client, provided the instruction of the client	4162
does not conflict with any state or federal law.	4163

(B) Whenever the commission, pursuant to section 4735.051 of	4164
the Revised Code, imposes disciplinary sanctions for any violation	4165
of this section, the commission also may impose such sanctions	4166
upon the broker with whom the salesperson is affiliated if the	4167
commission finds that the broker had knowledge of the	4168
salesperson's actions that violated this section.	4169

(C) The commission shall, pursuant to section 4735.051 of the	4170
Revised Code, impose disciplinary sanctions upon any foreign real	4171
estate dealer or salesperson who, in that capacity or in handling	4172
the dealer's or salesperson's own property, is found guilty of any	4173
of the acts or omissions specified or comprehended in division (A)	4174
of this section insofar as the acts or omissions pertain to	4175
foreign real estate. If the commission imposes such sanctions upon	4176
a foreign real estate salesperson for a violation of this section,	4177
the commission also may suspend or revoke the license of the	4178
foreign real estate dealer with whom the salesperson is affiliated	4179
if the commission finds that the dealer had knowledge of the	4180
salesperson's actions that violated this section.	4181

(D) The commission may suspend, in whole or in part, the	4182
imposition of the penalty of suspension of a license under this	4183
section.	4184

(E) The commission immediately shall notify the real estate	4185
appraiser board of any disciplinary action taken under this	4186
section against a licensee who also is a state-certified real	4187
estate appraiser under Chapter 4763. of the Revised Code.	4188

(F) As used in this section, a "criminal offense that is	4189
substantially related" has the same meaning as in section 4743.06	4190
of the Revised Code.	4191

Sec. 4735.27.  (A) An application to act as a foreign real	4192
estate dealer shall be in writing and filed with the	4193
superintendent of real estate. It shall be in the form the	4194
superintendent prescribes and shall contain the following	4195
information:	4196

(1) The name and address of the applicant;

4197

(2) A description of the applicant, including, if the	4198
applicant is a partnership, unincorporated association, or any	4199
similar form of business organization, the names and the residence	4200
and business addresses of all partners, officers, directors,	4201
trustees, or managers of the organization, and the limitation of	4202
the liability of any partner or member; and if the applicant is a	4203
corporation, a list of its officers and directors, and the	4204
residence and business addresses of each, and, if it is a foreign	4205
corporation, a copy of its articles of incorporation in addition;	4206

(3) The location and addresses of the principal office and	4207
all other offices of the applicant;	4208

(4) A general description of the business of the applicant	4209
prior to the application, including a list of states in which the	4210
applicant is a licensed foreign real estate dealer;	4211

(5) The names and addresses of all salesmensalespersons of	4212
the applicant at the date of the application;	4213

(6) The nature of the business of the applicant, and its	4214
places of business, for the ten-year period preceding the date of	4215
application.	4216

(B) Every nonresident applicant shall name a person within	4217
this state upon whom process against the applicant may be served	4218
and shall give the complete residence and business address of the	4219
person designated. Every applicant shall file an irrevocable	4220
written consent, executed and acknowledged by an individual duly	4221
authorized to give such consent, that actions growing out of a	4222
fraud committed by the applicant in connection with the sale in	4223
this state of foreign real estate may be commenced against it, in	4224
the proper court of any county in this state in which a cause of	4225
action for such fraud may arise or in which the plaintiff in such	4226
action may reside, by serving on the secretary of state any proper	4227
process or pleading authorized by the laws of this state, in the	4228
event that the applicant if a resident of this state, or the	4229
person designated by the nonresident applicant, cannot be found at	4230
the address given. The consent shall stipulate that the service of	4231
process on the secretary of state shall be taken in all courts to	4232
be as valid and binding as if service had been made upon the	4233
foreign real estate dealer. If the applicant is a corporation or	4234
an unincorporated association, the consent shall be accompanied by	4235
a certified copy of the resolution of the board of directors,	4236
trustees, or managers of the corporation or association,	4237
authorizing such individual to execute the consent.	4238

(C) The superintendent may investigate any applicant for a	4239
dealer's license, and may require any additional information he	4240
the superintendent considers necessary to determine the business	4241
repute and qualifications of the applicant to act as a foreign	4242
real estate dealer. If the application for a dealer's license	4243
involves investigation outside this state, the superintendent may	4244
require the applicant to advance sufficient funds to pay any of	4245
the actual expenses of the investigation, and an itemized	4246
statement of such expense shall be furnished to the applicant.	4247

(D) Every applicant shall take a written examination,	4248
prescribed and conducted by the superintendent, which covers his	4249
the applicant's knowledge of the principles of real estate	4250
practice, real estate law, financing and appraisal, real estate	4251
transactions and instruments relating to them, canons of business	4252
ethics relating to real estate transactions, and the duties of	4253
foreign real estate dealers and salesmensalespersons. The fee for	4254
the examination, when administered by the superintendent, is	4255
seventy-five dollars. If the applicant does not appear for the	4256
examination, the fee shall be forfeited and a new application and	4257
fee shall be filed, unless good cause for the failure to appear is	4258
shown to the superintendent. The requirement of an examination may	4259
be waived in whole or in part by the superintendent if an	4260
applicant is licensed as a real estate broker by any state.	4261

Any applicant who fails the examination twice shall wait six	4262
months before applying to retake the examination.	4263

(E) No person shall take the foreign real estate dealer's	4264
examination who has not established to the satisfaction of the	4265
superintendent that hethe person:	4266

(1) Has not been convicted of or pleaded guilty to a felony	4267
or a crime of moral turpitudecriminal offense that is	4268
substantially related to practice as a foreign real estate dealer	4269
or, if hethe applicant has been so convicted or so pleaded	4270
guilty, the superintendent has disregarded the conviction or	4271
guilty plea because the applicant has proven to the	4272
superintendent, by a preponderance of the evidence, that histhe	4273
applicant's activities and employment record since the conviction	4274
or guilty plea show that hethe applicant is honest, truthful, and	4275
of good reputation, and there is no basis in fact for believing	4276
that hethe applicant again will violate the laws involved;	4277

(2) Has not been finally adjudged by a court to have violated	4278
any municipal, state, or federal civil rights laws relevant to the	4279
protection of purchasers or sellers of real estate or, if hethe	4280
applicant has been so adjudged, at least two years have passed	4281
since the court decision and the superintendent has disregarded	4282
the adjudication because the applicant has proven, by a	4283
preponderance of the evidence, that histhe applicant's activities	4284
and employment record since the adjudication show that hethe	4285
applicant is honest, truthful, and of good reputation, and there	4286
is no basis in fact for believing that hethe applicant again will	4287
violate the laws involved;	4288

(3) Has not, during any period for which hethe applicant was	4289
licensed under this chapter or any former section of the Revised	4290
Code applicable to licensed foreign real estate dealers or	4291
salesmensalespersons, violated any provision of, or any rule	4292
adopted pursuant to, this chapter or that section, or, if hethe	4293
applicant has violated any such provision or rule, has established	4294
to the satisfaction of the superintendent that hethe applicant	4295
will not again violate the provision or rule.	4296

(F) If the superintendent finds that an applicant for a	4297
license as a foreign real estate dealer, or each named member,	4298
manager, or officer of a partnership, association, or corporate	4299
applicant is at least eighteen years of age, is of good business	4300
repute, has passed the examination required under this section or	4301
has had the requirement of an examination waived, and appears	4302
otherwise qualified, the superintendent shall issue a license to	4303
the applicant to engage in business in this state as a foreign	4304
real estate dealer. Dealers licensed pursuant to this section	4305
shall employ as salesmensalespersons of foreign real estate only	4306
persons licensed pursuant to section 4735.28 of the Revised Code.	4307
If at any time such salesmensalespersons resign or are discharged	4308
or new salesmensalespersons are added, the dealer forthwith shall	4309
notify the superintendent and shall file with the division of real	4310
estate the names and addresses of new salesmensalespersons.	4311

(G) If the applicant merely is renewing histhe applicant's	4312
license for the previous year, the application need contain only	4313
the information required by divisions (A)(2), (3), and (6) of this	4314
section.	4315

(H) As used in this section, a "criminal offense that is	4316
substantially related" has the same meaning as in section 4743.06	4317
of the Revised Code.	4318

Sec. 4735.28.  (A) An application to act as a foreign real	4319
estate salesmansalesperson shall be in writing and filed with the	4320
superintendent of real estate. It shall be in the form the	4321
superintendent prescribes and shall contain the following	4322
information:	4323

(1) The name and complete residence and business addresses of	4324
the applicant;	4325

(2) The name of the foreign real estate dealer who is	4326
employing the applicant or who intends to employ himthe	4327
applicant;	4328

(3) The age and education of the applicant, and histhe	4329
applicant's experience in the sale of foreign real estate; whether	4330
hethe applicant has ever been licensed by the superintendent, and	4331
if so, when; whether hethe applicant has ever been refused a	4332
license by the superintendent; and whether hethe applicant has	4333
ever been licensed or refused a license or any similar permit by	4334
any division or superintendent of real estate, by whatsoever name	4335
known or designated, anywhere;	4336

(4) The nature of the employment, and the names and addresses	4337
of the employers, of the applicant for the period of ten years	4338
immediately preceding the date of the application.	4339

(B) Every applicant shall take a written examination,	4340
prescribed and conducted by the superintendent, which covers his	4341
the applicant's knowledge of the principles of real estate	4342
practice, real estate law, financing and appraisal, real estate	4343
transactions and instruments relating to them, canons of business	4344
ethics relating to real estate transactions, and the duties of	4345
foreign real estate salesmensalespersons. The fee for the	4346
examination, when administered by the superintendent, is fifty	4347
dollars. If the applicant does not appear for the examination, the	4348
fee shall be forfeited and a new application and fee shall be	4349
filed, unless good cause for the failure to appear is shown to the	4350
superintendent. The requirement of an examination may be waived in	4351
whole or in part by the superintendent if an applicant is licensed	4352
as a real estate broker or salesmansalesperson by any state.	4353

Any applicant who fails the examination twice shall wait six	4354
months before applying to retake the examination.	4355

(C) No person shall take the foreign real estate salesman's	4356
salesperson's examination who has not established to the	4357
satisfaction of the superintendent that hethe person:	4358

(1) Has not been convicted of or pleaded guilty to a felony	4359
or a crime of moral turpitudecriminal offense that is	4360
substantially related to practice as a foreign real estate	4361
salesperson or, if hethe applicant has been so convicted or	4362
pleaded guilty, the superintendent has disregarded the conviction	4363
or guilty plea because the applicant has proven to the	4364
superintendent, by a preponderance of the evidence, that histhe	4365
applicant's activities and employment record since the conviction	4366
or plea of guilty show that hethe applicant is honest, truthful,	4367
and of good reputation, and there is no basis in fact for	4368
believing that hethe applicant again will violate the laws	4369
involved;	4370

(2) Has not been finally adjudged by a court to have violated	4371
any municipal, state, or federal civil rights laws relevant to the	4372
protection of purchasers or sellers of real estate or, if hethe	4373
applicant has been so adjudged, at least two years have passed	4374
since the court decision and the superintendent has disregarded	4375
the adjudication because the applicant has proven, by a	4376
preponderance of the evidence, that histhe applicant's activities	4377
and employment record since the adjudication show that hethe	4378
applicant is honest, truthful, and of good reputation, and there	4379
is no basis in fact for believing that hethe applicant will again	4380
violate the laws;	4381

(3) Has not, during any period for which hethe applicant was	4382
licensed under this chapter or any former section of the Revised	4383
Code apicableapplicable to licensed foreign real estate dealers	4384
or salesmensalespersons, violated any provision of, or any rule	4385
adopted pursuant to, this chapter or that section, or, if hethe	4386
applicant has violated any such provision or rule, has established	4387
to the satisfaction of the superintendent that hethe applicant	4388
will not again violate the provision or rule.	4389

(D) Every salesmansalesperson of foreign real estate shall	4390
be licensed by the superintendent of real estate and shall be	4391
employed only by the licensed foreign real estate dealer specified	4392
on histhe salesperson's license.	4393

(E) If the superintendent finds that the applicant is of good	4394
business repute, appears to be qualified to act as a foreign real	4395
estate salesmansalesperson, and has fully complied with the	4396
provisions of this chapter, and that the dealer in the application	4397
is a licensed foreign real estate dealer, the superintendent, upon	4398
payment of the fees prescribed by section 4735.15 of the Revised	4399
Code, shall issue a license to the applicant authorizing himthe	4400
applicant to act as salesmana salesperson for the dealer named in	4401
the application.	4402

(F) As used in this section, a "criminal offense that is	4403
substantially related" has the same meaning as in section 4743.06	4404
of the Revised Code.	4405

Sec. 4738.04. EachAs used in this section, a "criminal	4406
offense that is substantially related" has the same meaning as in	4407
section 4743.06 of the Revised Code.	4408

Each person applying for a motor vehicle salvage dealer	4409
license or a salvage motor vehicle auction license or a salvage	4410
motor vehicle pool license shall make out and deliver to the	4411
registrar of motor vehicles, upon a blank to be furnished by the	4412
registrar for that purpose, a separate application for license for	4413
each county in which the business is to be conducted. The	4414
application for each type of license shall be in the form	4415
prescribed by the registrar and shall be signed and sworn to by	4416
the applicant. The application for a license for a motor vehicle	4417
salvage dealer, a salvage motor vehicle auction, or salvage motor	4418
vehicle pool, in addition to other information as is required by	4419
the registrar, shall include the following:	4420

(A) Name of applicant and location of principal place of	4421
business;	4422

(B) Name or style under which business is to be conducted	4423
and, if a corporation, the state of incorporation;	4424

(C) Name and address of each owner or partner and, if a	4425
corporation, the names of the officers and directors;	4426

(D) The county in which the business is to be conducted and	4427
the address of each place of business therein;	4428

(E) A financial statement of the applicant showing the true	4429
financial condition as of a date not earlier than six months prior	4430
to the date of the application;	4431

(F) A statement of the previous history, record, and	4432
association of the applicant and of each owner, partner, officer,	4433
and director, which statement shall be sufficient to establish to	4434
the satisfaction of the registrar the reputation in business of	4435
the applicant;	4436

(G) A statement showing whether the applicant has previously	4437
been convicted of or pleaded guilty to a felonycriminal offense	4438
that is substantially related to the operation of a motor vehicle	4439
salvage dealer, salvage motor vehicle auction, or salvage motor	4440
vehicle pool;	4441

(H) A statement showing whether the applicant has previously	4442
applied for a license under this chapter and the result of the	4443
application, and whether the applicant has ever been the holder of	4444
any such license which was revoked or suspended;	4445

(I) If the applicant is a corporation or partnership, a	4446
statement showing whether any of the partners, officers, or	4447
directors have been refused a license under this chapter, or have	4448
been the holder of any such license which was revoked or	4449
suspended.	4450

Sec. 4738.07. TheAs used in this section, a "criminal	4451
offense that is substantially related" has the same meaning as in	4452
section 4743.06 of the Revised Code.	4453

The registrar of motor vehicles shall deny the application of	4454
any person for a license under this chapter and refuse to issue	4455
him a license if the registrar finds that the applicant:	4456

(A) Has made false statement of a material fact in his	4457
application;	4458

(B) Has not complied with sections 4738.01 to 4738.15 of the	4459
Revised Code:	4460

(C) Is of bad business repute or has habitually defaulted on	4461
financial obligations;	4462

(D) Has been convicted of or pleaded guilty to a felony	4463
criminal offense that is substantially related to the operation	4464
of a motor vehicle salvage dealer, salvage motor vehicle auction,	4465
or salvage motor vehicle pool;	4466

(E) Has been guilty of a fraudulent act in connection with	4467
dealing in salvage motor vehicles or when operating as a motor	4468
vehicle salvage dealer, salvage motor vehicle auction, or salvage	4469
motor vehicle pool;	4470

(F) Is insolvent;

4471

(G) Is of insufficient responsibility to assure the prompt	4472
payment of any final judgments which might reasonably be entered	4473
against him because of the transaction of his business during the	4474
period of the license applied for;	4475

(H) Has no established place of business;

4476

(I) Has less than twelve months prior to said application,	4477
been denied a license under this chapter.	4478

If the applicant is a corporation or partnership, the	4479
registrar may refuse to issue a license if any officer, director,	4480
or partner of the applicant has been guilty of any act or omission	4481
which would be cause for refusing or revoking a license issued to	4482
the officer, director, or partner as an individual. The	4483
registrar's finding may be based upon facts contained in the	4484
application or upon any other information which he may have.	4485
Immediately upon denying an application for any of the reasons in	4486
this section, the registrar shall enter a final order together	4487
with his findings and certify the same to the motor vehicle	4488
salvage dealer's licensing board.	4489

An applicant who has been refused a license may appeal from	4490
the action of the registrar to the motor vehicle salvage dealer's	4491
licensing board in the manner prescribed in section 4738.12 of the	4492
Revised Code.	4493

Sec. 4738.12.  The motor vehicle salvage dealer's licensing	4494
board shall hear appeals which may be taken from an order of the	4495
registrar of motor vehicles, refusing to issue a license. All	4496
appeals from any order of the registrar refusing to issue any	4497
license upon proper application made must be taken within thirty	4498
days from the date of the order, or the order is final and	4499
conclusive. All appeals from orders of the registrar must be by	4500
petition in writing and verified under oath by the applicant whose	4501
application for license has been denied, and must set forth the	4502
reason why, in the petitioner's opinion, the order of the	4503
registrar is not correct. In appeals the board may make	4504
investigation to determine the correctness and legality of the	4505
order of the registrar.	4506

The board may make rules governing its actions relative to	4507
the suspension and revocation of licenses and may, upon its own	4508
motion, and shall, upon the verified complaint in writing of any	4509
person, investigate the conduct of any licensee under this	4510
chapter. The board shall suspend or revoke or notify the registrar	4511
to refuse to renew any license if any ground existed upon which	4512
the license would have been refused, or if a ground exists which	4513
would be cause for refusal to issue a license.	4514

The board may suspend or revoke any license if the licensee	4515
has in any manner violated the rules issued pursuant to sections	4516
4738.01 to 4738.16 of the Revised Code, or has been convicted of	4517
committing a felony or violating any law which in any way relates	4518
to the theft of motor vehiclespleaded guilty to a criminal	4519
offense that is substantially related to the operation of a motor	4520
vehicle salvage dealer, salvage motor vehicle auction, or salvage	4521
motor vehicle pool.	4522

As used in this section, "a criminal offense that is	4523
substantially related" has the same meaning as in section 4743.06	4524
of the Revised Code.	4525

Sec. 4738.18.  (A) Any person licensed under division (A) of	4526
section 4738.03 of the Revised Code who wishes to purchase salvage	4527
motor vehicles at salvage motor vehicle auctions or salvage motor	4528
vehicle pools shall make application to the registrar of motor	4529
vehicles for a buyer's identification card. The application shall	4530
be on a form prescribed by the registrar and shall contain the	4531
applicant's name, principal business address, the license number	4532
under which the applicant will be making purchases, and such other	4533
information as the registrar requires. In lieu of directly	4534
obtaining a buyer's identification card or in addition thereto,	4535
any person licensed under division (A) of section 4738.03 of the	4536
Revised Code may designate up to two employees to act as buyers	4537
for the licensee. The licensee shall make application for a	4538
buyer's identification card for each employee in the same manner	4539
as for a card for the licensee.	4540

(B) The fee for each buyer's identification card shall be	4541
thirty-five dollars.	4542

(C) Beginning on the effective date of this amendment	4543
September 16, 2004, each buyer's identification card shall expire	4544
biennially on a day within the two-year cycle that is prescribed	4545
by the registrar, unless sooner suspended or revoked. Before the	4546
first day after the day prescribed by the registrar in the year	4547
that the card expires, each cardholder shall file an application	4548
for renewal of the card, in a form that the registrar prescribes.	4549
A buyer's identification card is nontransferable. If the holder of	4550
a card no longer possesses a valid salvage motor vehicle dealer's	4551
license, or if an employee of the licensee leaves the employment	4552
of the licensee, the buyer's identification card of that person is	4553
invalid and the holder shall return the card to the registrar.	4554

(D) Any person who holds a valid salvage motor vehicle	4555
dealer's license from another state that imposes qualifications	4556
and requirements with respect to the license that are equivalent	4557
to those required by Chapter 4738. of the Revised Code may make	4558
application and receive a buyer's identification card. The person	4559
shall make application to the registrar who shall, based upon the	4560
registrar's investigation, issue a buyer's identification card to	4561
those applicants who the registrar determines are qualified.	4562

(E) All applicants for a buyer's identification card must be	4563
of good financial repute and not have been convicted of or pleaded	4564
guilty to a felonycriminal offense that is substantially related	4565
to the purchase of salvage motor vehicles as verified by a report	4566
from a law enforcement agency and credit report furnished to the	4567
registrar by the applicant.	4568

(F) The registrar may revoke or suspend the license of any	4569
salvage motor vehicle dealer who allows the dealer's card or the	4570
card of any employee to be used by any unauthorized person.	4571

(G) As used in this section, a "criminal offense that is	4572
substantially related" has the same meaning as in section 4743.06	4573
of the Revised Code.	4574

Sec. 4740.06. (A) Any individual who applies for a license	4575
shall file a written application with the appropriate section of	4576
the Ohio construction industry licensing board, accompanied with	4577
the application fee as determined pursuant to section 4740.09 of	4578
the Revised Code. The individual shall file the application not	4579
more than sixty days nor less than thirty days prior to the date	4580
of the examination. The application shall be on the form the	4581
section prescribes and verified by the applicant's oath. The	4582
applicant shall provide information satisfactory to the section	4583
showing that the applicant meets the requirements of division (B)	4584
of this section.	4585

(B) To qualify to take an examination, an individual shall:

4586

(1) Be at least eighteen years of age;

4587

(2) Be a United States citizen or legal alien who produces	4588
valid documentation to demonstrate the individual is a legal	4589
resident of the United States;	4590

(3) Either have been a tradesperson in the type of licensed	4591
trade for which the application is filed for not less than five	4592
years immediately prior to the date the application is filed, be a	4593
currently registered engineer in this state with three years of	4594
business experience in the construction industry in the trade for	4595
which the engineer is applying to take an examination, or have	4596
other experience acceptable to the appropriate section of the	4597
board;	4598

(4) Maintain contractor's liability insurance, including	4599
without limitation, complete operations coverage, in an amount the	4600
appropriate section of the board determines;	4601

(5) Not have done any of the following:

4602

(a) Been convicted of or pleaded guilty to a misdemeanor	4603
involving moral turpitude or of any felonycriminal offense that	4604
is substantially related to practice as a contractor;	4605

(b) Violated this chapter or any rule adopted pursuant to it;

4606

(c) Obtained or renewed a license issued pursuant to this	4607
chapter, or any order, ruling, or authorization of the board or a	4608
section of the board by fraud, misrepresentation, or deception;	4609

(d) Engaged in fraud, misrepresentation, or deception in the	4610
conduct of business.	4611

(C) When an applicant for licensure as a contractor in a	4612
licensed trade meets the qualifications set forth in division (B)	4613
of this section and passes the required examination, the	4614
appropriate section of the board, within ninety days after the	4615
application was filed, shall authorize the administrative section	4616
of the board to license the applicant for the type of contractor's	4617
license for which the applicant qualifies. A section of the board	4618
may withdraw its authorization to the administrative section for	4619
issuance of a license for good cause shown, on the condition that	4620
notice of that withdrawal is given prior to the administrative	4621
section's issuance of the license.	4622

(D) All licenses a contractor holds pursuant to this chapter	4623
shall expire annually on the same date, which shall be the	4624
expiration date of the original license the contractor holds. An	4625
individual holding a valid, unexpired license may renew the	4626
license, without reexamination, by submitting an application to	4627
the appropriate section of the board not more than ninety calendar	4628
days before the expiration of the license, along with the renewal	4629
fee the section requires and proof of compliance with the	4630
applicable continuing education requirements. The applicant shall	4631
provide information in the renewal application satisfactory to	4632
demonstrate to the appropriate section that the applicant	4633
continues to meet the requirements of division (B) of this	4634
section.	4635

Upon application and within one calendar year after a license	4636
has expired, a section may waive any of the requirements for	4637
renewal of a license upon finding that an applicant substantially	4638
meets the renewal requirements or that failure to timely apply for	4639
renewal is due to excusable neglect. A section that waives	4640
requirements for renewal of a license may impose conditions upon	4641
the licensee and assess a late filing fee of not more than double	4642
the usual renewal fee. An applicant shall satisfy any condition	4643
the section imposes before a license is reissued.	4644

(E) An individual holding a valid license may request the	4645
section of the board that authorized that license to place the	4646
license in inactive status under conditions, and for a period of	4647
time, as that section determines.	4648

(F) Except for the ninety-day extension provided for a	4649
license assigned to a business entity under division (D) of	4650
section 4740.07 of the Revised Code, a license held by an	4651
individual immediately terminates upon the death of the	4652
individual.	4653

(G) Nothing in any license issued by the Ohio construction	4654
industry licensing board shall be construed to limit or eliminate	4655
any requirement of or any license issued by the Ohio fire marshal.	4656

(H) As used in this section, a "criminal offense that is	4657
substantially related" has the same meaning as in section 4743.06	4658
of the Revised Code.	4659

Sec. 4740.10.  (A) The appropriate section of the Ohio	4660
construction industry licensing board may take any of the	4661
following actions against a licensee who violates Chapter 4740. of	4662
the Revised Code:	4663

(1) Impose a fine on the licensee, not exceeding one thousand	4664
dollars per violation per day;	4665

(2) Direct the administrative section to suspend the	4666
licensee's license for a period of time the section establishes;	4667

(3) Direct the administrative section to revoke the	4668
licensee's license;	4669

(4) Require the licensee to complete additional continuing	4670
education course work. Any continuing education course work	4671
completed pursuant to this division may not count toward any other	4672
continuing education requirements this chapter establishes.	4673

(5) Direct the administrative section to refuse to issue or	4674
renew a license if the section finds that the applicant or	4675
licensee has done any of the following:	4676

(a) Been convicted of or pleaded guilty to a misdemeanor	4677
involving moral turpitude or a felonycriminal offense that is	4678
substantially related to the construction profession;	4679

(b) Violated any provision of this chapter or the rules	4680
adopted pursuant thereto;	4681

(c) Obtained a license or any order, ruling, or authorization	4682
of the board by fraud, misrepresentation, or deception;	4683

(d) Engaged in fraud, misrepresentation, or deception in the	4684
conduct of business.	4685

(B) The appropriate section of the board shall determine the	4686
length of time that a license is to be suspended and whether or	4687
when an individual whose license has been revoked may apply for	4688
reinstatement. The appropriate section of the board may accept or	4689
refuse an application for reinstatement and may require an	4690
examination for reinstatement.	4691

(C) The appropriate section of the board may investigate any	4692
alleged violation of this chapter or the rules adopted pursuant to	4693
it. If, after an investigation, a section determines that any	4694
person has engaged or is engaging in any practice that violates	4695
this chapter or the rules adopted pursuant to it, that section may	4696
apply to the court of common pleas of the county in which the	4697
violation occurred or is occurring for an injunction or other	4698
appropriate relief to enjoin or terminate the violation.	4699

(D) Any person who wishes to make a complaint against a	4700
person who holds a license shall submit the complaint in writing	4701
to the appropriate section of the board within three years after	4702
the date of the action or event upon which the complaint is based.	4703

(E) As used in this section, a "criminal offense that is	4704
substantially related" has the same meaning as in section 4743.06	4705
of the Revised Code.	4706

Sec. 4741.22. TheAs used in this section, a "criminal	4707
offense that is substantially related" has the same meaning as in	4708
section 4743.06 of the Revised Code.	4709

The state veterinary medical licensing board may refuse to	4710
issue or renew a license, limited license, registration, or	4711
temporary permit to or of any applicant who, and may issue a	4712
reprimand to, suspend or revoke the license, limited license,	4713
registration, or the temporary permit of, or impose a civil	4714
penalty pursuant to this section upon any person holding a	4715
license, limited license, or temporary permit to practice	4716
veterinary medicine or any person registered as a registered	4717
veterinary technician who:	4718

(A) In the conduct of the person's practice does not conform	4719
to the rules of the board or the standards of the profession	4720
governing proper, humane, sanitary, and hygienic methods to be	4721
used in the care and treatment of animals;	4722

(B) Uses fraud, misrepresentation, or deception in any	4723
application or examination for licensure, or any other	4724
documentation created in the course of practicing veterinary	4725
medicine;	4726

(C) Is found to be physically or psychologically addicted to	4727
alcohol or an illegal or controlled substance, as defined in	4728
section 3719.01 of the Revised Code, to such a degree as to render	4729
the person unfit to practice veterinary medicine;	4730

(D) Directly or indirectly employs or lends the person's	4731
services to a solicitor for the purpose of obtaining patients;	4732

(E) Obtains a fee on the assurance that an incurable disease	4733
can be cured;	4734

(F) Advertises in a manner that violates section 4741.21 of	4735
the Revised Code;	4736

(G) Divides fees or charges or has any arrangement to share	4737
fees or charges with any other person, except on the basis of	4738
services performed;	4739

(H) Sells any biologic containing living, dead, or sensitized	4740
organisms or products of those organisms, except in a manner that	4741
the board by rule has prescribed;	4742

(I) Is convicted of or pleads guilty to any felony or crime	4743
involving illegal or prescription drugsa criminal offense that is	4744
substantially related to the practice of veterinary medicine or	4745
practice as a registered veterinary technician, or fails to report	4746
to the board within sixty days of the individual's conviction of,	4747
plea of guilty to, or treatment in lieu of conviction involving a	4748
felony, misdemeanor of the first degree, or offense involving	4749
illegal or prescription drugscriminal offense that is	4750
substantially related to the practice of veterinary medicine or	4751
practice as a registered veterinary technician;	4752

(J) Is convicted of any violation of section 959.13 of the	4753
Revised Code;	4754

(K) Swears falsely in any affidavit required to be made by	4755
the person in the course of the practice of veterinary medicine;	4756

(L) Fails to report promptly to the proper official any known	4757
reportable disease;	4758

(M) Fails to report promptly vaccinations or the results of	4759
tests when required to do so by law or rule;	4760

(N) Has been adjudicated incompetent for the purpose of	4761
holding the license or permit by a court, as provided in Chapter	4762
2111. of the Revised Code, and has not been restored to legal	4763
capacity for that purpose;	4764

(O) Permits a person who is not a licensed veterinarian, a	4765
veterinary student, or a registered veterinary technician to	4766
engage in work or perform duties in violation of this chapter;	4767

(P) Is guilty of gross incompetence or gross negligence;

4768

(Q) Has had a license to practice veterinary medicine or a	4769
license, registration, or certificate to engage in activities as a	4770
registered veterinary technician revoked, suspended, or acted	4771
against by disciplinary action by an agency similar to this board	4772
of another state, territory, or country or the District of	4773
Columbia;	4774

(R) Is or has practiced with a revoked, suspended, inactive,	4775
expired, or terminated license or registration;	4776

(S) Represents self as a specialist unless certified as a	4777
specialist by the board;	4778

(T) In the person's capacity as a veterinarian or registered	4779
veterinary technician makes or files a report, health certificate,	4780
vaccination certificate, or other document that the person knows	4781
is false or negligently or intentionally fails to file a report or	4782
record required by any applicable state or federal law;	4783

(U) Fails to use reasonable care in the administration of	4784
drugs or acceptable scientific methods in the selection of those	4785
drugs or other modalities for treatment of a disease or in conduct	4786
of surgery;	4787

(V) Makes available a dangerous drug, as defined in section	4788
4729.01 of the Revised Code, to any person other than for the	4789
specific treatment of an animal patient;	4790

(W) Refuses to permit a board investigator or the board's	4791
designee to inspect the person's business premises during regular	4792
business hours, except as provided in division (A) of section	4793
4741.26 of the Revised Code;	4794

(X) Violates any order of the board or fails to comply with a	4795
subpoena of the board;	4796

(Y) Fails to maintain medical records as required by rule of	4797
the board;	4798

(Z) Engages in cruelty to animals;

4799

(AA) Uses, prescribes, or sells any veterinary prescription	4800
drug or biologic, or prescribes any extra-label use of any	4801
over-the-counter drug or dangerous drug in the absence of a valid	4802
veterinary-client-patient relationship.	4803

Before the board may revoke, deny, refuse to renew, or	4804
suspend a license, registration, or temporary permit or otherwise	4805
discipline the holder of a license, registration, or temporary	4806
permit, the executive director shall file written charges with the	4807
board. The board shall conduct a hearing on the charges as	4808
provided in Chapter 119. of the Revised Code.	4809

If the board, after a hearing conducted pursuant to Chapter	4810
119. of the Revised Code, revokes, refuses to renew, or suspends a	4811
license, registration, or temporary permit for a violation of this	4812
section, section 4741.23, division (C) or (D) of section 4741.19,	4813
or division (B), (C), or (D) of section 4741.21 of the Revised	4814
Code, the board may impose a civil penalty upon the holder of the	4815
license, permit, or registration of not less than one hundred	4816
dollars or more than one thousand dollars. In addition to the	4817
civil penalty and any other penalties imposed pursuant to this	4818
chapter, the board may assess any holder of a license, permit, or	4819
registration the costs of the hearing conducted under this section	4820
if the board determines that the holder has violated any provision	4821
for which the board may impose a civil penalty under this section.	4822

Sec. 4743.06. (A) As used in this section:

4823

(1) A "criminal offense that is substantially related" means	4824
that the nature of the felony or misdemeanor offense for which the	4825
person was convicted or to which the person pleaded guilty has a	4826
direct bearing on the fitness or ability of the person to perform	4827
one or more of the duties or responsibilities necessarily related	4828
to a particular occupation, profession, or trade regulated by	4829
Title XLVII of the Revised Code.	4830

(2) A "board, commission, or agency" includes only those	4831
boards, commissions, or agencies subject to section 4701.16,	4832
4703.15, 4707.02, 4707.15, 4709.13, 4712.03, 4715.30, 4717.14,	4833
4719.03, 4723.28, 4725.19, 4725.53, 4727.15, 4728.13, 4729.16,	4834
4729.53, 4729.56, 4730.25, 4731.22, 4732.17, 4733.20, 4734.31,	4835
4735.07, 4735.09, 4735.13, 4735.18, 4735.27, 4735.28, 4738.04,	4836
4738.07, 4738.12, 4738.18, 4740.06, 4740.10, 4741.22, 4747.12,	4837
4749.03, 4749.04, 4749.06, 4751.10, 4753.10, 4755.11, 4755.47,	4838
4755.64, 4757.36, 4758.30, 4759.07, 4760.13, 4761.09, 4762.13,	4839
4763.11, 4765.18, 4765.301, 4774.13, 4779.28, or 4781.09 of the	4840
Revised Code.	4841

(B) Within ninety days of the effective date of this section,	4842
each board, commission, or agency shall adopt rules that identify	4843
each criminal offense that is substantially related to the	4844
occupation, profession, or trade under its supervision or	4845
regulation.	4846

(C) Each board, commission, or agency shall keep records of	4847
the number of licenses, permits, registrations, and certificates	4848
denied, revoked, or suspended because the applicant or license,	4849
permit, registration, or certificate holder is convicted of or	4850
pleads guilty to a criminal offense that is substantially related	4851
to the occupation, profession, or trade under the supervision or	4852
regulation of the board, commission, or agency and of the reasons	4853
for the denial, revocation, or suspension.	4854

(D) In the absence of fraud or bad faith, there is no private	4855
cause of action for damages against any board, commission, or	4856
agency; a current or former board, commission, or agency member;	4857
an agent of a board, commission, or agency; a person formally	4858
requested by a board, commission, or agency to be a representative	4859
of the entity; or an employee of a board, commission, or agency	4860
that grants a license, permit, registration, or certificate to a	4861
person who is convicted of or pleads guilty to a criminal offense	4862
if that person subsequent to receiving the license, permit,	4863
registration, or certificate commits another criminal offense.	4864

Sec. 4747.12. TheAs used in this section, a "criminal	4865
offense that is substantially related" has the same meaning as in	4866
section 4743.06 of the Revised Code.	4867

The hearing aid dealers and fitters licensing board may	4868
revoke or suspend a license or permit if the person who holds such	4869
license or permit:	4870

(A) Is convicted of or pleads guilty to a felony or a	4871
misdemeanor involving moral turpitudecriminal offense that is	4872
substantially related to practice as a hearing aid dealer or	4873
fitter. The record of conviction or guilty plea, or a copy thereof	4874
certified by the clerk of the court or by the judge in whose court	4875
the conviction or guilty plea occurs, is conclusive evidence of	4876
such conviction;	4877

(B) Procured a license or permit by fraud or deceit practiced	4878
upon the board;	4879

(C) Obtained any fee or made any sale of a hearing aid by	4880
fraud or misrepresentation;	4881

(D) Knowingly employed any person without a license or a	4882
person whose license was suspended or revoked to engage in the	4883
fitting or sale of hearing aids;	4884

(E) Used or caused or promoted the use of any advertising	4885
matter, promotional literature, testimonial, guarantee, warranty,	4886
label, brand, insignia, or any other representation, however	4887
disseminated or published, which is misleading, deceptive, or	4888
untruthful;	4889

(F) Advertised a particular model or type of hearing aid for	4890
sale when purchasers or prospective purchasers responding to the	4891
advertisement cannot purchase the specified model or type of	4892
hearing aid;	4893

(G) Represented or advertised that the service or advice of a	4894
person licensed to practice medicine will be used or made	4895
available in the selection, fitting, adjustment, maintenance, or	4896
repair of hearing aids when such is not true, or using the words	4897
"doctor," "clinic," or similar words, abbreviations, or symbols	4898
which connote the medical profession when such use is not	4899
accurate;	4900

(H) Is found by the board to be a person of habitual	4901
intemperance or gross immorality;	4902

(I) Advertised a manufacturer's product or used a	4903
manufacturer's name or trademark in a manner which suggested the	4904
existence of a relationship with the manufacturer which did not or	4905
does not exist;	4906

(J) Fitted or sold, or attempted to fit or sell, a hearing	4907
aid to a person without first utilizing the appropriate procedures	4908
and instruments required for proper fitting of hearing aids;	4909

(K) Engaged in the fitting and sale of hearing aids under a	4910
false name or an alias;	4911

(L) Engaged in the practice of dealing in or fitting of	4912
hearing aids while suffering from a contagious or infectious	4913
disease;	4914

(M) Was found by the board to be guilty of gross incompetence	4915
or negligence in the fitting or sale of hearing aids;	4916

(N) Permitted another person to use histhe licensee's	4917
license.	4918

Sec. 4749.03.  (A)(1) Any individual, including a partner in	4919
a partnership, may be licensed as a private investigator under a	4920
class B license, or as a security guard provider under a class C	4921
license, or as a private investigator and a security guard	4922
provider under a class A license, if the individual meets all of	4923
the following requirements:	4924

(a) Has a good reputation for integrity, has not been	4925
convicted of or pleaded guilty to a felonycriminal offense that	4926
is substantially related to the business of private investigation	4927
or the business of security services within the last twenty years	4928
or any offense involving moral turpitude, and has not been	4929
adjudicated incompetent for the purpose of holding the license, as	4930
provided in section 5122.301 of the Revised Code, without having	4931
been restored to legal capacity for that purpose.	4932

(b) Depending upon the class of license for which application	4933
is made, for a continuous period of at least two years immediately	4934
preceding application for a license, has been engaged in	4935
investigatory or security services work for a law enforcement or	4936
other public agency engaged in investigatory activities, or for a	4937
private investigator or security guard provider, or engaged in the	4938
practice of law, or has acquired equivalent experience as	4939
determined by rule of the director of public safety.	4940

(c) Demonstrates competency as a private investigator or	4941
security guard provider by passing an examination devised for this	4942
purpose by the director, except that any individually licensed	4943
person who qualifies a corporation for licensure shall not be	4944
required to be reexamined if the person qualifies the corporation	4945
in the same capacity that the person was individually licensed.	4946

(d) Submits evidence of comprehensive general liability	4947
insurance coverage, or other equivalent guarantee approved by the	4948
director in such form and in principal amounts satisfactory to the	4949
director, but not less than one hundred thousand dollars for each	4950
person and three hundred thousand dollars for each occurrence for	4951
bodily injury liability, and one hundred thousand dollars for	4952
property damage liability.	4953

(e) Pays the requisite examination and license fees.

4954

(2) A corporation may be licensed as a private investigator	4955
under a class B license, or as a security guard provider under a	4956
class C license, or as a private investigator and a security guard	4957
provider under a class A license, if an application for licensure	4958
is filed by an officer of the corporation and the officer, another	4959
officer, or the qualifying agent of the corporation satisfies the	4960
requirements of divisions (A)(1) and (F)(1) of this section.	4961
Officers and the statutory agent of a corporation shall be	4962
determined in accordance with Chapter 1701. of the Revised Code.	4963

(3) At least one partner in a partnership shall be licensed	4964
as a private investigator, or as a security guard provider, or as	4965
a private investigator and a security guard provider. Partners in	4966
a partnership shall be determined as provided for in Chapter 1775.	4967
or 1776. of the Revised Code.	4968

(B) An application for a class A, B, or C license shall be	4969
completed in the form the director prescribes. In the case of an	4970
individual, the application shall state the applicant's name,	4971
birth date, citizenship, physical description, current residence,	4972
residences for the preceding ten years, current employment,	4973
employment for the preceding seven years, experience	4974
qualifications, the location of each of the applicant's offices in	4975
this state, and any other information that is necessary in order	4976
for the director to comply with the requirements of this chapter.	4977
In the case of a corporation, the application shall state the name	4978
of the officer or qualifying agent filing the application; the	4979
state in which the corporation is incorporated and the date of	4980
incorporation; the states in which the corporation is authorized	4981
to transact business; the name of its qualifying agent; the name	4982
of the officer or qualifying agent of the corporation who	4983
satisfies the requirements of divisions (A)(1) and (F)(1) of this	4984
section and the birth date, citizenship, physical description,	4985
current residence, residences for the preceding ten years, current	4986
employment, employment for the preceding seven years, and	4987
experience qualifications of that officer or qualifying agent; and	4988
other information that the director requires. A corporation may	4989
specify in its application information relative to one or more	4990
individuals who satisfy the requirements of divisions (A)(1) and	4991
(F)(1) of this section.	4992

The application described in this division shall be	4993
accompanied by all of the following:	4994

(1) One recent full-face photograph of the applicant or, in	4995
the case of a corporation, of each officer or qualifying agent	4996
specified in the application as satisfying the requirements of	4997
divisions (A)(1) and (F)(1) of this section;	4998

(2) Character references from at least five reputable	4999
citizens for the applicant or, in the case of a corporation, for	5000
each officer or qualifying agent specified in the application as	5001
satisfying the requirements of divisions (A)(1) and (F)(1) of this	5002
section, each of whom has known the applicant, officer, or	5003
qualifying agent for at least five years preceding the	5004
application, and none of whom are connected with the applicant,	5005
officer, or qualifying agent by blood or marriage;	5006

(3) An examination fee of twenty-five dollars for the	5007
applicant or, in the case of a corporation, for each officer or	5008
qualifying agent specified in the application as satisfying the	5009
requirements of divisions (A)(1) and (F)(1) of this section, and a	5010
license fee in the amount the director determines, not to exceed	5011
three hundred seventy-five dollars. The license fee shall be	5012
refunded if a license is not issued.	5013

(C)(1) Each individual applying for a license and each	5014
individual specified by a corporation as an officer or qualifying	5015
agent in an application shall submit one complete set of	5016
fingerprints directly to the superintendent of the bureau of	5017
criminal identification and investigation for the purpose of	5018
conducting a criminal records check. The individual shall provide	5019
the fingerprints using a method the superintendent prescribes	5020
pursuant to division (C)(2) of section 109.572 of the Revised Code	5021
and fill out the form the superintendent prescribes pursuant to	5022
division (C)(1) of section 109.572 of the Revised Code. An	5023
applicant who intends to carry a firearm as defined in section	5024
2923.11 of the Revised Code in the course of business or	5025
employment shall so notify the superintendent. This notification	5026
is in addition to any other requirement related to carrying a	5027
firearm that applies to the applicant. The individual or	5028
corporation requesting the criminal records check shall pay the	5029
fee the superintendent prescribes.	5030

(2) The superintendent shall conduct the criminal records	5031
check as set forth in division (B) of section 109.572 of the	5032
Revised Code. If an applicant intends to carry a firearm in the	5033
course of business or employment, the superintendent shall make a	5034
request to the federal bureau of investigation for any information	5035
and review the information the bureau provides pursuant to	5036
division (B)(2) of section 109.572 of the Revised Code. The	5037
superintendent shall submit all results of the completed	5038
investigation to the director of public safety.	5039

(3) If the director determines that the applicant, officer,	5040
or qualifying agent meets the requirements of divisions (A)(1)(a),	5041
(b), and (d) of this section and that an officer or qualifying	5042
agent meets the requirement of division (F)(1) of this section,	5043
the director shall notify the applicant, officer, or agent of the	5044
time and place for the examination. If the director determines	5045
that an applicant does not meet the requirements of divisions	5046
(A)(1)(a), (b), and (d) of this section, the director shall notify	5047
the applicant that the applicant's application is refused and	5048
refund the license fee. If the director determines that none of	5049
the individuals specified in the application of a corporation as	5050
satisfying the requirements of divisions (A)(1) and (F)(1) of this	5051
section meet the requirements of divisions (A)(1)(a), (b), and (d)	5052
and (F)(1) of this section, the director shall notify the	5053
corporation that its application is refused and refund the license	5054
fee. If the bureau assesses the director a fee for any	5055
investigation, the director, in addition to any other fee assessed	5056
pursuant to this chapter, may assess the applicant, officer, or	5057
qualifying agent, as appropriate, a fee that is equal to the fee	5058
assessed by the bureau.	5059

(D) If upon application, investigation, and examination, the	5060
director finds that the applicant or, in the case of a	5061
corporation, any officer or qualifying agent specified in the	5062
application as satisfying the requirements of divisions (A)(1) and	5063
(F)(1) of this section, meets the applicable requirements, the	5064
director shall issue the applicant or the corporation a class A,	5065
B, or C license. The director also shall issue an identification	5066
card to an applicant, but not an officer or qualifying agent of a	5067
corporation, who meets the applicable requirements. The license	5068
and identification card shall state the licensee's name, the	5069
classification of the license, the location of the licensee's	5070
principal place of business in this state, and the expiration date	5071
of the license, and, in the case of a corporation, it also shall	5072
state the name of each officer or qualifying agent who satisfied	5073
the requirements of divisions (A)(1) and (F)(1) of this section.	5074

Licenses expire on the first day of March following the date	5075
of initial issue, and on the first day of March of each year	5076
thereafter. Annual renewals shall be according to the standard	5077
renewal procedures contained in Chapter 4745. of the Revised Code,	5078
upon payment of an annual renewal fee the director determines, not	5079
to exceed two hundred seventy-five dollars. No license shall be	5080
renewed if the licensee or, in the case of a corporation, each	5081
officer or qualifying agent who qualified the corporation for	5082
licensure no longer meets the applicable requirements of this	5083
section. No license shall be renewed unless the licensee provides	5084
evidence of workers' compensation risk coverage and unemployment	5085
compensation insurance coverage, other than for clerical employees	5086
and excepting sole proprietors who are exempted therefrom, as	5087
provided for in Chapters 4123. and 4141. of the Revised Code,	5088
respectively, as well as the licensee's state tax identification	5089
number. No reexamination shall be required for renewal of a	5090
current license.	5091

For purposes of this chapter, a class A, B, or C license	5092
issued to a corporation shall be considered as also having	5093
licensed the individuals who qualified the corporation for	5094
licensure, for as long as they are associated with the	5095
corporation.	5096

For purposes of this division, "sole proprietor" means an	5097
individual licensed under this chapter who does not employ any	5098
other individual.	5099

(E) The director may issue a duplicate copy of a license	5100
issued under this section for the purpose of replacement of a	5101
lost, spoliated, or destroyed license, upon payment of a fee the	5102
director determines, not exceeding twenty-five dollars. Any change	5103
in license classification requires new application and application	5104
fees.	5105

(F)(1) In order to qualify a corporation for a class A, B, or	5106
C license, an officer or qualifying agent may qualify another	5107
corporation for similar licensure, provided that the officer or	5108
qualifying agent is actively engaged in the business of both	5109
corporations.	5110

(2) Each officer or qualifying agent who qualifies a	5111
corporation for class A, B, or C licensure shall surrender any	5112
personal license of a similar nature that the officer or	5113
qualifying agent possesses.	5114

(3) Upon written notification to the director, completion of	5115
an application similar to that for original licensure, surrender	5116
of the corporation's current license, and payment of a twenty-five	5117
dollar fee, a corporation's class A, B, or C license may be	5118
transferred to another corporation.	5119

(4) Upon written notification to the director, completion of	5120
an application similar to that for an individual seeking class A,	5121
B, or C licensure, payment of a twenty-five dollar fee, and, if	5122
the individual was the only individual that qualified a	5123
corporation for licensure, surrender of the corporation's license,	5124
any officer or qualifying agent who qualified a corporation for	5125
licensure under this chapter may obtain a similar license in the	5126
individual's own name without reexamination. A request by an	5127
officer or qualifying agent for an individual license shall not	5128
affect a corporation's license unless the individual is the only	5129
individual that qualified the corporation for licensure or all the	5130
other individuals who qualified the corporation for licensure	5131
submit such requests.	5132

(G) If a corporation is for any reason no longer associated	5133
with an individual who qualified it for licensure under this	5134
chapter, an officer of the corporation shall notify the director	5135
of that fact by certified mail, return receipt requested, within	5136
ten days after the association terminates. If the notification is	5137
so given, the individual was the only individual that qualified	5138
the corporation for licensure, and the corporation submits the	5139
name of another officer or qualifying agent to qualify the	5140
corporation for the license within thirty days after the	5141
association terminates, the corporation may continue to operate in	5142
the business of private investigation, the business of security	5143
services, or both businesses in this state under that license for	5144
ninety days after the association terminates. If the officer or	5145
qualifying agent whose name is submitted satisfies the	5146
requirements of divisions (A)(1) and (F)(1) of this section, the	5147
director shall issue a new license to the corporation within that	5148
ninety-day period. The names of more than one individual may be	5149
submitted.	5150

(H) As used in this section, a "criminal offense that is	5151
substantially related" has the same meaning as in section 4743.06	5152
of the Revised Code.	5153

Sec. 4749.04.  (A) The director of public safety may revoke,	5154
suspend, or refuse to renew, when a renewal form has been	5155
submitted, the license of any private investigator or security	5156
guard provider, or the registration of any employee of a private	5157
investigator or security guard provider, for any of the following:	5158

(1) Violation of any of the provisions of division (B) or (C)	5159
of section 4749.13 of the Revised Code;	5160

(2) Conviction of or plea of guilty to a felony or a crime	5161
involving moral turpitudecriminal offense that is substantially	5162
related to the business of private investigation or the business	5163
or security services;	5164

(3) Violation of any rule of the director governing private	5165
investigators, the business of private investigation, security	5166
guard providers, or the business of security services;	5167

(4) Testifying falsely under oath, or suborning perjury, in	5168
any judicial proceeding;	5169

(5) Failure to satisfy the requirements specified in division	5170
(D) of section 4749.03 of the Revised Code.	5171

Any person whose license or registration is revoked,	5172
suspended, or not renewed when a renewal form is submitted may	5173
appeal in accordance with Chapter 119. of the Revised Code.	5174

(B) In lieu of suspending, revoking, or refusing to renew the	5175
class A, B, or C license, or of suspending, revoking, or refusing	5176
to renew the registration of an employee of a class A, B, or C	5177
licensee, the director may impose a civil penalty of not more	5178
than one hundred dollars for each calendar day of a violation of	5179
any of the provisions of this section or of division (B) or (C) of	5180
section 4749.13 of the Revised Code or of a violation of any rule	5181
of the director governing private investigators, the business of	5182
private investigation, security guard providers, or the business	5183
of security services.	5184

(C) As used in this section, a "criminal offense that is	5185
substantially related" has the same meaning as in section 4743.06	5186
of the Revised Code.	5187

Sec. 4749.06.  (A) Each class A, B, or C licensee shall	5188
register the licensee's investigator or security guard employees,	5189
with the department of public safety, which shall maintain a	5190
record of each licensee and registered employee and make it	5191
available, upon request, to any law enforcement agency. The class	5192
A, B, or C licensee shall file an application to register a new	5193
employee no sooner than three days nor later than seven calendar	5194
days after the date on which the employee is hired.	5195

(B)(1) Each employee's registration application shall be	5196
accompanied by one recent photograph of the employee, the	5197
employee's physical description, and the registration fee the	5198
director determines, not to exceed forty dollars.	5199

(2) The employee shall submit one complete set of	5200
fingerprints directly to the superintendent of the bureau of	5201
criminal identification and investigation for the purpose of	5202
conducting a criminal records check. The employee shall provide	5203
the fingerprints using a method the superintendent prescribes	5204
pursuant to division (C)(2) of section 109.572 of the Revised Code	5205
and fill out the form the superintendent prescribes pursuant to	5206
division (C)(1) of section 109.572 of the Revised Code. An	5207
employee who intends to carry a firearm as defined in section	5208
2923.11 of the Revised Code in the course of business or	5209
employment shall so notify the superintendent. This notification	5210
is in addition to any other requirement related to carrying a	5211
firearm that applies to the employee. The individual or	5212
corporation requesting the criminal records check shall pay the	5213
fee the superintendent prescribes.	5214

The superintendent shall conduct the criminal records check	5215
as set forth in division (B) of section 109.572 of the Revised	5216
Code. If an employee intends to carry a firearm in the course of	5217
business or employment, pursuant to division (B)(2) of section	5218
109.572 of the Revised Code the superintendent shall make a	5219
request of the federal bureau of investigation for any information	5220
and review the information the bureau provides. The superintendent	5221
shall submit all results of the completed investigation to the	5222
director of public safety.	5223

(3) If, after investigation, the bureau finds that the	5224
employee has not been convicted of or pleaded guilty to a felony	5225
criminal offense that is substantially related to the business of	5226
private investigation or the business security services within the	5227
last twenty years, the director shall issue to the employee an	5228
identification card bearing the license number and signature of	5229
the licensee, which in the case of a corporation shall be the	5230
signature of its president or its qualifying agent, and containing	5231
the employee's name, address, age, physical description, and right	5232
thumb print or other identifying mark as the director prescribes,	5233
a recent photograph of the employee, and the employee's signature.	5234
The director may issue a duplicate of a lost, spoliated, or	5235
destroyed identification card issued under this section, upon	5236
payment of a fee fixed by the director, not exceeding five	5237
dollars.	5238

(C) Except as provided in division (E) of this section, no	5239
class A, B, or C licensee shall permit an employee, other than an	5240
individual who qualified a corporation for licensure, to engage in	5241
the business of private investigation, the business of security	5242
services, or both businesses until the employee receives an	5243
identification card from the department, except that pending the	5244
issuance of an identification card, a class A, B, or C licensee	5245
may offer for hire security guard or investigator employees	5246
provided the licensee obtains a waiver from the person who	5247
receives, for hire, security guard or investigative services,	5248
acknowledging that the person is aware the employees have not	5249
completed their registration and agreeing to their employment.	5250

(D) If a class A, B, or C licensee, or a registered employee	5251
of a class A, B, or C licensee, intends to carry a firearm, as	5252
defined in section 2923.11 of the Revised Code, in the course of	5253
engaging in the business or employment, the licensee or registered	5254
employee shall satisfactorily complete a firearms basic training	5255
program that includes twenty hours of handgun training and five	5256
hours of training in the use of other firearms, if any other	5257
firearm is to be used, or equivalency training, if authorized, or	5258
shall be a former peace officer who previously had successfully	5259
completed a firearms training course, shall receive a certificate	5260
of satisfactory completion of that program or written evidence of	5261
approval of the equivalency training, shall file an application	5262
for registration, shall receive a firearm-bearer notation on the	5263
licensee's or registered employee's identification card, and shall	5264
annually requalify on a firearms range, all as described in	5265
division (A) of section 4749.10 of the Revised Code. A private	5266
investigator, security guard provider, or employee is authorized	5267
to carry a firearm only in accordance with that division.	5268

(E) This section does not apply to commissioned peace	5269
officers, as defined in division (B) of section 2935.01 of the	5270
Revised Code, working for, either as an employee or independent	5271
contractor, a class A, B, or C licensee. For purposes of this	5272
chapter, a commissioned peace officer is an employee exempt from	5273
registration.	5274

(F) The registration of an investigator or security guard	5275
employee expires annually on the anniversary date of its initial	5276
issuance. Annual renewals shall be made pursuant to procedures the	5277
director establishes by rule and upon payment of a renewal fee the	5278
director determines, not to exceed thirty-five dollars. The	5279
director shall not renew the registration of any investigator or	5280
security guard employee who no longer meets the requirements of	5281
this section. No background check is required for annual renewal,	5282
but an investigator or security guard employee shall report any	5283
felony conviction to the employer and the director of public	5284
safety as a condition of continued registration.	5285

(G) As used in this section, a "criminal offense that is	5286
substantially related" has the same meaning as in section 4743.06	5287
of the Revised Code.	5288

Sec. 4751.10. TheAs used in this section, a "criminal	5289
offense that is substantially related" has the same meaning as in	5290
section 4743.06 of the Revised Code.	5291

The license or registration, or both, or the temporary	5292
license of any person practicing or offering to practice nursing	5293
home administration, shall be revoked or suspended by the board of	5294
examiners of nursing home administrators if such licensee or	5295
temporary licensee:	5296

(A) Is unfit or incompetent by reason of negligence, habits,	5297
or other causes;	5298

(B) Has willfully or repeatedly violated any of the	5299
provisions of Chapter 4751. of the Revised Code or the regulations	5300
adopted thereunder; or willfully or repeatedly acted in a manner	5301
inconsistent with the health and safety of the patients of the	5302
nursing home in which hethe licensee or temporary licensee is the	5303
administrator;	5304

(C) Is guilty of fraud or deceit in the practice of nursing	5305
home administration or in histhe licensee's or temporary	5306
licensee's admission to such practice;	5307

(D) Has been convicted in a court of competent jurisdiction,	5308
either within or without this state, of or pleaded guilty to a	5309
felonycriminal offense that is substantially related to the	5310
practice of nursing home administration.	5311

Proceedings under this section shall be instituted by the	5312
board or shall be begun by filing with the board charges in	5313
writing and under oath.	5314

Sec. 4753.10. InAs used in this section, a "criminal	5315
offense that is substantially related" has the same meaning as in	5316
section 4743.06 of the Revised Code.	5317

In accordance with Chapter 119. of the Revised Code, the	5318
board of speech-language pathology and audiology may reprimand or	5319
place on probation a speech-language pathologist or audiologist or	5320
suspend, revoke, or refuse to issue or renew the license of a	5321
speech-language pathologist or audiologist. Disciplinary actions	5322
may be taken by the board for conduct that may result from but not	5323
necessarily be limited to:	5324

(A) Fraud, deception, or misrepresentation in obtaining or	5325
attempting to obtain a license;	5326

(B) Fraud, deception, or misrepresentation in using a	5327
license;	5328

(C) Altering a license;

5329

(D) Aiding or abetting unlicensed practice;

5330

(E) Committing fraud, deception, or misrepresentation in the	5331
practice of speech-language pathology or audiology including:	5332

(1) Making or filing a false report or record in the practice	5333
of speech-language pathology or audiology;	5334

(2) Submitting a false statement to collect a fee;

5335

(3) Obtaining a fee through fraud, deception, or	5336
misrepresentation, or accepting commissions or rebates or other	5337
forms of remuneration for referring persons to others.	5338

(F) Using or promoting or causing the use of any misleading,	5339
deceiving, improbable, or untruthful advertising matter,	5340
promotional literature, testimonial, guarantee, warranty, label,	5341
brand, insignia, or any other representation;	5342

(G) Falsely representing the use or availability of services	5343
or advice of a physician;	5344

(H) Misrepresenting the applicant, licensee, or holder by	5345
using the word "doctor" or any similar word, abbreviation, or	5346
symbol if the use is not accurate or if the degree was not	5347
obtained from an accredited institution;	5348

(I) Committing any act of dishonorable, immoral, or	5349
unprofessional conduct while engaging in the practice of	5350
speech-language pathology or audiology;	5351

(J) Engaging in illegal, incompetent, or habitually negligent	5352
practice;	5353

(K) Providing professional services while:

5354

(1) Mentally incompetent;

5355

(2) Under the influence of alcohol;

5356

(3) Using any narcotic or controlled substance or other drug	5357
that is in excess of therapeutic amounts or without valid medical	5358
indication.	5359

(L) Providing services or promoting the sale of devices,	5360
appliances, or products to a person who cannot reasonably be	5361
expected to benefit from such services, devices, appliances, or	5362
products in accordance with results obtained utilizing appropriate	5363
assessment procedures and instruments;	5364

(M) Violating this chapter or any lawful order given or rule	5365
adopted by the board;	5366

(N) Being convicted of or pleading guilty or nolo contendere	5367
to a felony or to a crime involving moral turpitudecriminal	5368
offense that is substantially related to the practice of	5369
speech-language pathology or audiology, whether or not any appeal	5370
or other proceeding is pending to have the conviction or plea set	5371
aside;	5372

(O) Being disciplined by a licensing or disciplinary	5373
authority of this or any other state or country or convicted or	5374
disciplined by a court of this or any other state or country for	5375
an act that would be grounds for disciplinary action under this	5376
section.	5377

After revocation of a license under this section, application	5378
may be made to the board for reinstatement. The board, in	5379
accordance with an order of revocation as issued under Chapter	5380
119. of the Revised Code, may require an examination for such	5381
reinstatement.	5382

If any person has engaged in any practice which constitutes	5383
an offense under the provisions of this chapter or rules	5384
promulgated thereunder by the board, the board may apply to the	5385
court of common pleas of the county for an injunction or other	5386
appropriate order restraining such conduct, and the court may	5387
issue such order.	5388

Any person who wishes to make a complaint against any person	5389
licensed pursuant to this chapter shall submit the complaint in	5390
writing to the board within one year from the date of the action	5391
or event upon which the complaint is based. The board shall	5392
determine whether the allegations in the complaint are of a	5393
sufficiently serious nature to warrant formal disciplinary charges	5394
against the licensee pursuant to this section. If the board	5395
determines that formal disciplinary charges are warranted, it	5396
shall proceed in accordance with the procedures established in	5397
Chapter 119. of the Revised Code.	5398

Sec. 4755.11.  (A) In accordance with Chapter 119. of the	5399
Revised Code, the occupational therapy section of the Ohio	5400
occupational therapy, physical therapy, and athletic trainers	5401
board may suspend, revoke, or refuse to issue or renew an	5402
occupational therapist license, occupational therapy assistant	5403
license, occupational therapist limited permit, occupational	5404
therapy assistant limited permit, or reprimand, fine, or place a	5405
license or limited permit holder on probation, for any of the	5406
following:	5407

(1) Conviction of anor a plea of guilty to a criminal	5408
offense involving moral turpitude or a felonythat is	5409
substantially related to practice as an occupational therapist or	5410
occupational therapy assistant, regardless of the state or country	5411
in which the conviction or guilty plea occurred;	5412

(2) Violation of any provision of sections 4755.04 to 4755.13	5413
of the Revised Code;	5414

(3) Violation of any lawful order or rule of the occupational	5415
therapy section;	5416

(4) Obtaining or attempting to obtain a license or limited	5417
permit issued by the occupational therapy section by fraud or	5418
deception, including the making of a false, fraudulent, deceptive,	5419
or misleading statements in relation to these activities;	5420

(5) Negligence, unprofessional conduct, or gross misconduct	5421
in the practice of the profession of occupational therapy;	5422

(6) Accepting commissions or rebates or other forms of	5423
remuneration for referring persons to other professionals;	5424

(7) Communicating, without authorization, information	5425
received in professional confidence;	5426

(8) Using controlled substances, habit forming drugs, or	5427
alcohol to an extent that it impairs the ability to perform the	5428
work of an occupational therapist, occupational therapy assistant,	5429
occupational therapist limited permit holder, or occupational	5430
therapy assistant limited permit holder;	5431

(9) Practicing in an area of occupational therapy for which	5432
the individual is untrained or incompetent;	5433

(10) Failing the licensing or Ohio jurisprudence examination;

5434

(11) Aiding, abetting, directing, or supervising the	5435
unlicensed practice of occupational therapy;	5436

(12) Denial, revocation, suspension, or restriction of	5437
authority to practice a health care occupation, including	5438
occupational therapy, for any reason other than a failure to	5439
renew, in Ohio or another state or jurisdiction;	5440

(13) Except as provided in division (B) of this section:

5441

(a) Waiving the payment of all or any part of a deductible or	5442
copayment that a patient, pursuant to a health insurance or health	5443
care policy, contract, or plan that covers occupational therapy,	5444
would otherwise be required to pay if the waiver is used as an	5445
enticement to a patient or group of patients to receive health	5446
care services from that provider;	5447

(b) Advertising that the individual will waive the payment of	5448
all or any part of a deductible or copayment that a patient,	5449
pursuant to a health insurance or health care policy, contract, or	5450
plan that covers occupational therapy, would otherwise be required	5451
to pay.	5452

(14) Working or representing oneself as an occupational	5453
therapist, occupational therapy assistant, occupational therapist	5454
limited permit holder, or occupational therapy assistant limited	5455
permit holder without a current and valid license or limited	5456
permit issued by the occupational therapy section;	5457

(15) Engaging in a deceptive trade practice, as defined in	5458
section 4165.02 of the Revised Code;	5459

(16) Violation of the standards of ethical conduct in the	5460
practice of occupational therapy as identified by the occupational	5461
therapy section;	5462

(17) A departure from, or the failure to conform to, minimal	5463
standards of care required of licensees or limited permit holders,	5464
whether or not actual injury to a patient is established;	5465

(18) An adjudication by a court that the applicant, licensee,	5466
or limited permit holder is incompetent for the purpose of holding	5467
a license or limited permit and has not thereafter been restored	5468
to legal capacity for that purpose;	5469

(19)(a) Except as provided in division (A)(19)(b) of this	5470
section, failure to cooperate with an investigation conducted by	5471
the occupational therapy section, including failure to comply with	5472
a subpoena or orders issued by the section or failure to answer	5473
truthfully a question presented by the section at a deposition or	5474
in written interrogatories.	5475

(b) Failure to cooperate with an investigation does not	5476
constitute grounds for discipline under this section if a court of	5477
competent jurisdiction issues an order that either quashes a	5478
subpoena or permits the individual to withhold the testimony or	5479
evidence at issue.	5480

(20) Conviction of a misdemeanor reasonably related to the	5481
practice of occupational therapy, regardless of the state or	5482
country in which the conviction occurred;	5483

(21) Inability to practice according to acceptable and	5484
prevailing standards of care because of mental or physical	5485
illness, including physical deterioration that adversely affects	5486
cognitive, motor, or perception skills;	5487

(22)(21) Violation of conditions, limitations, or agreements	5488
placed by the occupational therapy section on a license or limited	5489
permit to practice;	5490

(23)(22) Making a false, fraudulent, deceptive, or misleading	5491
statement in the solicitation of or advertising for patients in	5492
relation to the practice of occupational therapy;	5493

(24)(23) Failure to complete continuing education	5494
requirements as prescribed in rules adopted by the occupational	5495
therapy section under section 4755.06 of the Revised Code.	5496

(B) Sanctions shall not be imposed under division (A)(13) of	5497
this section against any individual who waives deductibles and	5498
copayments as follows:	5499

(1) In compliance with the health benefit plan that expressly	5500
allows such a practice. Waiver of the deductibles or copayments	5501
shall be made only with the full knowledge and consent of the plan	5502
purchaser, payer, and third-party administrator. Documentation of	5503
the consent shall be made available to the section upon request.	5504

(2) For professional services rendered to any other person	5505
licensed pursuant to sections 4755.04 to 4755.13 of the Revised	5506
Code to the extent allowed by those sections and the rules of the	5507
occupational therapy section.	5508

(C) Except as provided in division (D) of this section, the	5509
suspension or revocation of a license or limited permit under this	5510
section is not effective until either the order for suspension or	5511
revocation has been affirmed following an adjudication hearing, or	5512
the time for requesting a hearing has elapsed.	5513

When a license or limited permit is revoked under this	5514
section, application for reinstatement may not be made sooner than	5515
one year after the date of revocation. The occupational therapy	5516
section may accept or refuse an application for reinstatement and	5517
may require that the applicant pass an examination as a condition	5518
of reinstatement.	5519

When a license or limited permit holder is placed on	5520
probation under this section, the occupational therapy section's	5521
probation order shall be accompanied by a statement of the	5522
conditions under which the individual may be removed from	5523
probation and restored to unrestricted practice.	5524

(D) On receipt of a complaint that a person who holds a	5525
license or limited permit issued by the occupational therapy	5526
section has committed any of the prohibited actions listed in	5527
division (A) of this section, the section may immediately suspend	5528
the license or limited permit prior to holding a hearing in	5529
accordance with Chapter 119. of the Revised Code if it determines,	5530
based on the complaint, that the licensee or limited permit holder	5531
poses an immediate threat to the public. The section shall notify	5532
the licensee or limited permit holder of the suspension in	5533
accordance with section 119.07 of the Revised Code. If the	5534
individual whose license or limited permit is suspended fails to	5535
make a timely request for an adjudication under Chapter 119. of	5536
the Revised Code, the section shall enter a final order	5537
permanently revoking the individual's license or limited permit.	5538

(E) If any person other than a person who holds a license or	5539
limited permit issued under section 4755.08 of the Revised Code	5540
has engaged in any practice that is prohibited under sections	5541
4755.04 to 4755.13 of the Revised Code or the rules of the	5542
occupational therapy section, the section may apply to the court	5543
of common pleas of the county in which the violation occurred, for	5544
an injunction or other appropriate order restraining this conduct,	5545
and the court shall issue this order.	5546

(F) As used in this section, a "criminal offense that is	5547
substantially related" has the same meaning as in section 4743.06	5548
of the Revised Code.	5549

Sec. 4755.47.  (A) In accordance with Chapter 119. of the	5550
Revised Code, the physical therapy section of the Ohio	5551
occupational therapy, physical therapy, and athletic trainers	5552
board may refuse to grant a license to an applicant for an initial	5553
or renewed license as a physical therapist or physical therapist	5554
assistant or, by an affirmative vote of not less than five	5555
members, may limit, suspend, or revoke the license of a physical	5556
therapist or physical therapist assistant or reprimand, fine, or	5557
place a license holder on probation, on any of the following	5558
grounds:	5559

(1) Habitual indulgence in the use of controlled substances,	5560
other habit-forming drugs, or alcohol to an extent that affects	5561
the individual's professional competency;	5562

(2) Conviction of or plea of guilty to a felony or a crime	5563
involving moral turpitudecriminal offense that is substantially	5564
related to the practice of physical therapy, regardless of the	5565
state or country in which the conviction or guilty plea occurred;	5566

(3) Obtaining or attempting to obtain a license issued by the	5567
physical therapy section by fraud or deception, including the	5568
making of a false, fraudulent, deceptive, or misleading statement;	5569

(4) An adjudication by a court, as provided in section	5570
5122.301 of the Revised Code, that the applicant or licensee is	5571
incompetent for the purpose of holding the license and has not	5572
thereafter been restored to legal capacity for that purpose;	5573

(5) Subject to section 4755.471 of the Revised Code,	5574
violation of the code of ethics adopted by the physical therapy	5575
section;	5576

(6) Violating or attempting to violate, directly or	5577
indirectly, or assisting in or abetting the violation of or	5578
conspiring to violate sections 4755.40 to 4755.56 of the Revised	5579
Code or any order issued or rule adopted under those sections;	5580

(7) Failure of one or both of the examinations required under	5581
section 4755.43 or 4755.431 of the Revised Code;	5582

(8) Permitting the use of one's name or license by a person,	5583
group, or corporation when the one permitting the use is not	5584
directing the treatment given;	5585

(9) Denial, revocation, suspension, or restriction of	5586
authority to practice a health care occupation, including physical	5587
therapy, for any reason other than a failure to renew, in Ohio or	5588
another state or jurisdiction;	5589

(10) Failure to maintain minimal standards of practice in the	5590
administration or handling of drugs, as defined in section 4729.01	5591
of the Revised Code, or failure to employ acceptable scientific	5592
methods in the selection of drugs, as defined in section 4729.01	5593
of the Revised Code, or other modalities for treatment;	5594

(11) Willful betrayal of a professional confidence;

5595

(12) Making a false, fraudulent, deceptive, or misleading	5596
statement in the solicitation of or advertising for patients in	5597
relation to the practice of physical therapy;	5598

(13) A departure from, or the failure to conform to, minimal	5599
standards of care required of licensees when under the same or	5600
similar circumstances, whether or not actual injury to a patient	5601
is established;	5602

(14) Obtaining, or attempting to obtain, money or anything of	5603
value by fraudulent misrepresentations in the course of practice;	5604

(15) Violation of the conditions of limitation or agreements	5605
placed by the physical therapy section on a license to practice;	5606

(16) Failure to renew a license in accordance with section	5607
4755.46 of the Revised Code;	5608

(17) Except as provided in section 4755.471 of the Revised	5609
Code, engaging in the division of fees for referral of patients or	5610
receiving anything of value in return for a specific referral of a	5611
patient to utilize a particular service or business;	5612

(18) Inability to practice according to acceptable and	5613
prevailing standards of care because of mental illness or physical	5614
illness, including physical deterioration that adversely affects	5615
cognitive, motor, or perception skills;	5616

(19) The revocation, suspension, restriction, or termination	5617
of clinical privileges by the United States department of defense	5618
or department of veterans affairs;	5619

(20) Termination or suspension from participation in the	5620
medicare or medicaid program established under Title XVIII and	5621
Title XIX, respectively, of the "Social Security Act," 49 Stat.	5622
620 (1935), 42 U.S.C. 301, as amended, for an act or acts that	5623
constitute a violation of sections 4755.40 to 4755.56 of the	5624
Revised Code;	5625

(21) Failure of a physical therapist to maintain supervision	5626
of a student, physical therapist assistant, unlicensed support	5627
personnel, other assistant personnel, or a license applicant in	5628
accordance with the requirements of sections 4755.40 to 4755.56 of	5629
the Revised Code and rules adopted under those sections;	5630

(22) Failure to complete continuing education requirements as	5631
prescribed in section 4755.51 or 4755.511 of the Revised Code or	5632
to satisfy any rules applicable to continuing education	5633
requirements that are adopted by the physical therapy section;	5634

(23) Conviction of a misdemeanor when the act that	5635
constitutes the misdemeanor occurs during the practice of physical	5636
therapy;	5637

(24)(a) Except as provided in division (A)(24)(23)(b) of this	5638
section, failure to cooperate with an investigation conducted by	5639
the physical therapy section, including failure to comply with a	5640
subpoena or orders issued by the section or failure to answer	5641
truthfully a question presented by the section at a deposition or	5642
in written interrogatories.	5643

(b) Failure to cooperate with an investigation does not	5644
constitute grounds for discipline under this section if a court of	5645
competent jurisdiction issues an order that either quashes a	5646
subpoena or permits the individual to withhold the testimony or	5647
evidence at issue.	5648

(25)(24) Regardless of whether the contact or verbal behavior	5649
is consensual, engaging with a patient other than the spouse of	5650
the physical therapist or physical therapist assistant, in any of	5651
the following:	5652

(a) Sexual contact, as defined in section 2907.01 of the	5653
Revised Code;	5654

(b) Verbal behavior that is sexually demeaning to the patient	5655
or may be reasonably interpreted by the patient as sexually	5656
demeaning.	5657

(26)(25) Failure to notify the physical therapy section of a	5658
change in name, business address, or home address within thirty	5659
days after the date of change;	5660

(27)(26) Except as provided in division (B) of this section:

5661

(a) Waiving the payment of all or any part of a deductible or	5662
copayment that a patient, pursuant to a health insurance or health	5663
care policy, contract, or plan that covers physical therapy, would	5664
otherwise be required to pay if the waiver is used as an	5665
enticement to a patient or group of patients to receive health	5666
care services from that provider;	5667

(b) Advertising that the individual will waive the payment of	5668
all or any part of a deductible or copayment that a patient,	5669
pursuant to a health insurance or health care policy, contract, or	5670
plan that covers physical therapy, would otherwise be required to	5671
pay;	5672

(28)(27) Violation of any section of this chapter or rule	5673
adopted under it.	5674

(B) Sanctions shall not be imposed under division (A)(27)(26)	5675
of this section against any individual who waives deductibles and	5676
copayments as follows:	5677

(1) In compliance with the health benefit plan that expressly	5678
allows such a practice. Waiver of the deductibles or copayments	5679
shall be made only with the full knowledge and consent of the plan	5680
purchaser, payer, and third-party administrator. Documentation of	5681
the consent shall be made available to the physical therapy	5682
section upon request.	5683

(2) For professional services rendered to any other person	5684
licensed pursuant to sections 4755.40 to 4755.56 of the Revised	5685
Code to the extent allowed by those sections and the rules of the	5686
physical therapy section.	5687

(C) When a license is revoked under this section, application	5688
for reinstatement may not be made sooner than one year after the	5689
date of revocation. The physical therapy section may accept or	5690
refuse an application for reinstatement and may require that the	5691
applicant pass an examination as a condition for reinstatement.	5692

When a license holder is placed on probation under this	5693
section, the physical therapy section's order for placement on	5694
probation shall be accompanied by a statement of the conditions	5695
under which the individual may be removed from probation and	5696
restored to unrestricted practice.	5697

(D) When an application for an initial or renewed license is	5698
refused under this section, the physical therapy section shall	5699
notify the applicant in writing of the section's decision to	5700
refuse issuance of a license and the reason for its decision.	5701

(E) On receipt of a complaint that a person licensed by the	5702
physical therapy section has committed any of the actions listed	5703
in division (A) of this section, the physical therapy section may	5704
immediately suspend the license of the physical therapist or	5705
physical therapist assistant prior to holding a hearing in	5706
accordance with Chapter 119. of the Revised Code if it determines,	5707
based on the complaint, that the person poses an immediate threat	5708
to the public. The physical therapy section shall notify the	5709
person of the suspension in accordance with section 119.07 of the	5710
Revised Code. If the person fails to make a timely request for an	5711
adjudication under Chapter 119. of the Revised Code, the physical	5712
therapy section shall enter a final order permanently revoking the	5713
person's license.	5714

(F) As used in this section, a "criminal offense that is	5715
substantially related" has the same meaning as in section 4743.06	5716
of the Revised Code.	5717

Sec. 4755.64.  (A) In accordance with Chapter 119. of the	5718
Revised Code, the athletic trainers section of the Ohio	5719
occupational therapy, physical therapy, and athletic trainers	5720
board may suspend, revoke, or refuse to issue or renew an athletic	5721
trainers license, or reprimand, fine, or place a licensee on	5722
probation, for any of the following:	5723

(1) Conviction of or plea of guilty to a felony orcriminal	5724
offense involving moral turpitudethat is substantially related to	5725
the practice of athletic training, regardless of the state or	5726
country in which the conviction or guilty plea occurred;	5727

(2) Violation of sections 4755.61 to 4755.65 of the Revised	5728
Code or any order issued or rule adopted thereunder;	5729

(3) Obtaining a license through fraud, false or misleading	5730
representation, or concealment of material facts;	5731

(4) Negligence or gross misconduct in the practice of	5732
athletic training;	5733

(5) Violating the standards of ethical conduct in the	5734
practice of athletic training as adopted by the athletic trainers	5735
section under section 4755.61 of the Revised Code;	5736

(6) Using any controlled substance or alcohol to the extent	5737
that the ability to practice athletic training at a level of	5738
competency is impaired;	5739

(7) Practicing in an area of athletic training for which the	5740
individual is untrained, incompetent, or practicing without the	5741
referral of a practitioner licensed under Chapter 4731. of the	5742
Revised Code, a dentist licensed under Chapter 4715. of the	5743
Revised Code, a chiropractor licensed under Chapter 4734. of the	5744
Revised Code, or a physical therapist licensed under this chapter;	5745

(8) Employing, directing, or supervising a person in the	5746
performance of athletic training procedures who is not authorized	5747
to practice as a licensed athletic trainer under this chapter;	5748

(9) Misrepresenting educational attainments or the functions	5749
the individual is authorized to perform for the purpose of	5750
obtaining some benefit related to the individual's athletic	5751
training practice;	5752

(10) Failing the licensing examination;

5753

(11) Aiding or abetting the unlicensed practice of athletic	5754
training;	5755

(12) Denial, revocation, suspension, or restriction of	5756
authority to practice a health care occupation, including athletic	5757
training, for any reason other than a failure to renew, in Ohio or	5758
another state or jurisdiction.	5759

(B) If the athletic trainers section places a licensee on	5760
probation under division (A) of this section, the section's order	5761
for placement on probation shall be accompanied by a written	5762
statement of the conditions under which the person may be removed	5763
from probation and restored to unrestricted practice.	5764

(C) A licensee whose license has been revoked under division	5765
(A) of this section may apply to the athletic trainers section for	5766
reinstatement of the license one year following the date of	5767
revocation. The athletic trainers section may accept or deny the	5768
application for reinstatement and may require that the applicant	5769
pass an examination as a condition for reinstatement.	5770

(D) On receipt of a complaint that a person licensed by the	5771
athletic trainers section has committed any of the prohibited	5772
actions listed in division (A) of this section, the section may	5773
immediately suspend the license of a licensed athletic trainer	5774
prior to holding a hearing in accordance with Chapter 119. of the	5775
Revised Code if it determines, based on the complaint, that the	5776
licensee poses an immediate threat to the public. The section	5777
shall notify the licensed athletic trainer of the suspension in	5778
accordance with section 119.07 of the Revised Code. If the	5779
individual whose license is suspended fails to make a timely	5780
request for an adjudication under Chapter 119. of the Revised	5781
Code, the section shall enter a final order permanently revoking	5782
the individual's license.	5783

(E) As used in this section, a "criminal offense that is	5784
substantially related" has the same meaning as in section 4743.06	5785
of the Revised Code.	5786

Sec. 4757.36.  (A) The professional standards committees of	5787
the counselor, social worker, and marriage and family therapist	5788
board, in accordance with Chapter 119. of the Revised Code, may	5789
refuse to issue a license or certificate of registration applied	5790
for under this chapter; refuse to renew a license or certificate	5791
of registration issued under this chapter; suspend, revoke, or	5792
otherwise restrict a license or certificate of registration issued	5793
under this chapter; or reprimand a person holding a license or	5794
certificate of registration issued under this chapter. Such	5795
actions may be taken by the appropriate committee if the applicant	5796
for a license or certificate of registration or the person holding	5797
a license or certificate of registration has:	5798

(1) Committed a violation of any provision of this chapter or	5799
rules adopted under it;	5800

(2) Knowingly made a false statement on an application for	5801
licensure or registration, or for renewal of a license or	5802
certificate of registration;	5803

(3) Accepted a commission or rebate for referring persons to	5804
any professionals licensed, certified, or registered by any court	5805
or board, commission, department, division, or other agency of the	5806
state, including, but not limited to, individuals practicing	5807
counseling, social work, or marriage and family therapy or	5808
practicing in fields related to counseling, social work, or	5809
marriage and family therapy;	5810

(4) Failed to comply with section 4757.12 of the Revised	5811
Code;	5812

(5) Been convicted in this or any other state of any crime	5813
that is a felonyor pleaded guilty in this state or any other	5814
state to a criminal offense that is substantially related to the	5815
practice of professional counseling, social work, or marriage and	5816
family therapy in this state;	5817

(6) Had the ability to perform properly as a professional	5818
clinical counselor, professional counselor, independent marriage	5819
and family therapist, marriage and family therapist, social work	5820
assistant, social worker, or independent social worker impaired	5821
due to the use of alcohol or other drugs or any other physical or	5822
mental condition;	5823

(7) Been convicted in this state or in any other state of a	5824
misdemeanor committed in the course of practice as a professional	5825
clinical counselor, professional counselor, independent marriage	5826
and family therapist, marriage and family therapist, social work	5827
assistant, social worker, or independent social worker;	5828

(8) Practiced outside the scope of practice applicable to	5829
that person;	5830

(9)(8) Practiced without complying with the supervision	5831
requirements specified under sections 4757.21 and 4757.26, and	5832
division (F) of section 4757.30, of the Revised Code;	5833

(10)(9) Violated the person's code of ethical practice	5834
adopted by rule of the board pursuant to section 4757.11 of the	5835
Revised Code;	5836

(11)(10) Had a license or certificate of registration revoked	5837
or suspended, or voluntarily surrendered a license or certificate	5838
of registration in another state or jurisdiction for an offense	5839
that would be a violation of this chapter.	5840

(B) One year or more after the date of suspension or	5841
revocation of a license or certificate of registration under this	5842
section, application may be made to the appropriate professional	5843
standards committee for reinstatement. The committee may accept or	5844
refuse an application for reinstatement. If a license has been	5845
suspended or revoked, the committee may require an examination for	5846
reinstatement.	5847

(C) As used in this section, a "criminal offense that is	5848
substantially related" has the same meaning as in section 4743.06	5849
of the Revised Code.	5850

Sec. 4758.30. (A) The chemical dependency professionals	5851
board, in accordance with Chapter 119. of the Revised Code, may	5852
refuse to issue a license or certificate applied for under this	5853
chapter; refuse to renew a license or certificate issued under	5854
this chapter; suspend, revoke, or otherwise restrict a license or	5855
certificate issued under this chapter; or reprimand an individual	5856
holding a license or certificate issued under this chapter. These	5857
actions may be taken by the board regarding the applicant for a	5858
license or certificate or the individual holding a license or	5859
certificate for one or more of the following reasons:	5860

(1) Violation of any provision of this chapter or rules	5861
adopted under it;	5862

(2) Knowingly making a false statement on an application for	5863
a license or certificate or for renewal, restoration, or	5864
reinstatement of a license or certificate;	5865

(3) Acceptance of a commission or rebate for referring an	5866
individual to a person who holds a license or certificate issued	5867
by, or who is registered with, an entity of state government,	5868
including persons practicing chemical dependency counseling,	5869
alcohol and other drug prevention services, or fields related to	5870
chemical dependency counseling or alcohol and other drug	5871
prevention services;	5872

(4) Conviction in this or any other state of any crime that	5873
is a felonyor plea of guilty in this state or any other state to	5874
a criminal offense that is substantially related to the practice	5875
of chemical dependency counseling or alcohol and other drug	5876
clinical counseling in this state;	5877

(5) Conviction in this or any other state of a misdemeanor	5878
committed in the course of practice as an independent chemical	5879
dependency counselor, chemical dependency counselor III, chemical	5880
dependency counselor II, chemical dependency counselor I, chemical	5881
dependency counselor assistant, prevention specialist II,	5882
prevention specialist I, or registered applicant;	5883

(6) Inability to practice as an independent chemical	5884
dependency counselor, chemical dependency counselor III, chemical	5885
dependency counselor II, chemical dependency counselor I, chemical	5886
dependency counselor assistant, prevention specialist II,	5887
prevention specialist I, or registered applicant due to abuse of	5888
or dependency on alcohol or other drugs or other physical or	5889
mental condition;	5890

(7)(6) Practicing outside the individual's scope of practice;

5891

(8)(7) Practicing without complying with the supervision	5892
requirements specified under section 4758.56, 4758.59, or 4758.61	5893
of the Revised Code;	5894

(9)(8) Violation of the code of ethical practice and	5895
professional conduct for chemical dependency counseling or alcohol	5896
and other drug prevention services adopted by the board pursuant	5897
to section 4758.23 of the Revised Code;	5898

(10)(9) Revocation of a license or certificate or voluntary	5899
surrender of a license or certificate in another state or	5900
jurisdiction for an offense that would be a violation of this	5901
chapter.	5902

(B) An individual whose license or certificate has been	5903
suspended or revoked under this section may apply to the board for	5904
reinstatement after an amount of time the board shall determine in	5905
accordance with rules adopted under section 4758.20 of the Revised	5906
Code. The board may accept or refuse an application for	5907
reinstatement. The board may require an examination for	5908
reinstatement of a license or certificate that has been suspended	5909
or revoked.	5910

(C) As used in this section, a "criminal offense that is	5911
substantially related" has the same meaning as in section 4743.06	5912
of the Revised Code.	5913

Sec. 4759.07.  (A) The Ohio board of dietetics may, in	5914
accordance with Chapter 119. of the Revised Code, refuse to issue,	5915
review, or renew, or may suspend, revoke, or impose probationary	5916
conditions upon any license or permit to practice dietetics, if	5917
the applicant has:	5918

(1) Violated sections 4759.02 to 4759.10 of the Revised Code	5919
or rules adopted under those sections;	5920

(2) Knowingly made a false statement in hisan application	5921
for licensure or license renewal;	5922

(3) Been convicted of any crime constituting a felonyor	5923
pleaded guilty to in this or any other state a criminal offense	5924
that is substantially related to the practice of dietetics;	5925

(4) Been impaired in his ability to perform as a licensed	5926
dietitian due to the use of a controlled substance or alcoholic	5927
beverage;	5928

(5) Been convicted of a misdemeanor committed in the course	5929
of his work as a dietitian in this or any other state;	5930

(6) A record of incompetent or negligent conduct in histhe	5931
practice of dietetics.	5932

(B) One year or more after the date of suspension or	5933
revocation of a license or permit, an application for	5934
reinstatement of the license or permit may be made to the board.	5935
The board shall grant or deny reinstatement with a hearing, at the	5936
request of the applicant, in accordance with Chapter 119. of the	5937
Revised Code and may impose conditions upon the reinstatement,	5938
including the requirement of passing an examination approved by	5939
the board.	5940

(C) As used in this section, a "criminal offense that is	5941
substantially related" has the same meaning as in section 4743.06	5942
of the Revised Code.	5943

Sec. 4760.13.  (A) The state medical board, by an affirmative	5944
vote of not fewer than six members, may revoke or may refuse to	5945
grant a certificate of registration as an anesthesiologist	5946
assistant to a person found by the board to have committed fraud,	5947
misrepresentation, or deception in applying for or securing the	5948
certificate.	5949

(B) The board, by an affirmative vote of not fewer than six	5950
members, shall, to the extent permitted by law, limit, revoke, or	5951
suspend an individual's certificate of registration as an	5952
anesthesiologist assistant, refuse to issue a certificate to an	5953
applicant, refuse to reinstate a certificate, or reprimand or	5954
place on probation the holder of a certificate for any of the	5955
following reasons:	5956

(1) Permitting the holder's name or certificate to be used by	5957
another person;	5958

(2) Failure to comply with the requirements of this chapter,	5959
Chapter 4731. of the Revised Code, or any rules adopted by the	5960
board;	5961

(3) Violating or attempting to violate, directly or	5962
indirectly, or assisting in or abetting the violation of, or	5963
conspiring to violate, any provision of this chapter, Chapter	5964
4731. of the Revised Code, or the rules adopted by the board;	5965

(4) A departure from, or failure to conform to, minimal	5966
standards of care of similar practitioners under the same or	5967
similar circumstances whether or not actual injury to the patient	5968
is established;	5969

(5) Inability to practice according to acceptable and	5970
prevailing standards of care by reason of mental illness or	5971
physical illness, including physical deterioration that adversely	5972
affects cognitive, motor, or perceptive skills;	5973

(6) Impairment of ability to practice according to acceptable	5974
and prevailing standards of care because of habitual or excessive	5975
use or abuse of drugs, alcohol, or other substances that impair	5976
ability to practice;	5977

(7) Willfully betraying a professional confidence;

5978

(8) Making a false, fraudulent, deceptive, or misleading	5979
statement in securing or attempting to secure a certificate of	5980
registration to practice as an anesthesiologist assistant.	5981

As used in this division, "false, fraudulent, deceptive, or	5982
misleading statement" means a statement that includes a	5983
misrepresentation of fact, is likely to mislead or deceive because	5984
of a failure to disclose material facts, is intended or is likely	5985
to create false or unjustified expectations of favorable results,	5986
or includes representations or implications that in reasonable	5987
probability will cause an ordinarily prudent person to	5988
misunderstand or be deceived.	5989

(9) The obtaining of, or attempting to obtain, money or a	5990
thing of value by fraudulent misrepresentations in the course of	5991
practice;	5992

(10) A plea of guilty to, a judicial finding of guilt of, or	5993
a judicial finding of eligibility for intervention in lieu of	5994
conviction for, a felonycriminal offense that is substantially	5995
related to practice as an anesthesiologist assistant;	5996

(11) Commission of an act that constitutes a felonycriminal	5997
offense that is substantially related to practice as an	5998
anesthesiologist assistant in this state, regardless of the	5999
jurisdiction in which the act was committed;	6000

(12) A plea of guilty to, a judicial finding of guilt of, or	6001
a judicial finding of eligibility for intervention in lieu of	6002
conviction for, a misdemeanor committed in the course of practice;	6003

(13) A plea of guilty to, a judicial finding of guilt of, or	6004
a judicial finding of eligibility for intervention in lieu of	6005
conviction for, a misdemeanor involving moral turpitude;	6006

(14) Commission of an act in the course of practice that	6007
constitutes a misdemeanor in this state, regardless of the	6008
jurisdiction in which the act was committed;	6009

(15) Commission of an act involving moral turpitude that	6010
constitutes a misdemeanor in this state, regardless of the	6011
jurisdiction in which the act was committed;	6012

(16) A plea of guilty to, a judicial finding of guilt of, or	6013
a judicial finding of eligibility for intervention in lieu of	6014
conviction for violating any state or federal law regulating the	6015
possession, distribution, or use of any drug, including	6016
trafficking in drugs;	6017

(17)(13) Any of the following actions taken by the state	6018
agency responsible for regulating the practice of anesthesiologist	6019
assistants in another jurisdiction, for any reason other than the	6020
nonpayment of fees: the limitation, revocation, or suspension of	6021
an individual's license to practice; acceptance of an individual's	6022
license surrender; denial of a license; refusal to renew or	6023
reinstate a license; imposition of probation; or issuance of an	6024
order of censure or other reprimand;	6025

(18)(14) Violation of the conditions placed by the board on a	6026
certificate of registration;	6027

(19)(15) Failure to use universal blood and body fluid	6028
precautions established by rules adopted under section 4731.051 of	6029
the Revised Code;	6030

(20)(16) Failure to cooperate in an investigation conducted	6031
by the board under section 4760.14 of the Revised Code, including	6032
failure to comply with a subpoena or order issued by the board or	6033
failure to answer truthfully a question presented by the board at	6034
a deposition or in written interrogatories, except that failure to	6035
cooperate with an investigation shall not constitute grounds for	6036
discipline under this section if a court of competent jurisdiction	6037
has issued an order that either quashes a subpoena or permits the	6038
individual to withhold the testimony or evidence in issue;	6039

(21)(17) Failure to comply with any code of ethics	6040
established by the national commission for the certification of	6041
anesthesiologist assistants;	6042

(22)(18) Failure to notify the state medical board of the	6043
revocation or failure to maintain certification from the national	6044
commission for certification of anesthesiologist assistants.	6045

(C) Disciplinary actions taken by the board under divisions	6046
(A) and (B) of this section shall be taken pursuant to an	6047
adjudication under Chapter 119. of the Revised Code, except that	6048
in lieu of an adjudication, the board may enter into a consent	6049
agreement with an anesthesiologist assistant or applicant to	6050
resolve an allegation of a violation of this chapter or any rule	6051
adopted under it. A consent agreement, when ratified by an	6052
affirmative vote of not fewer than six members of the board, shall	6053
constitute the findings and order of the board with respect to the	6054
matter addressed in the agreement. If the board refuses to ratify	6055
a consent agreement, the admissions and findings contained in the	6056
consent agreement shall be of no force or effect.	6057

(D) For purposes of divisionsdivision (B)(11), (14), and	6058
(15) of this section, the commission of the act may be established	6059
by a finding by the board, pursuant to an adjudication under	6060
Chapter 119. of the Revised Code, that the applicant or	6061
certificate holder committed the act in question. The board shall	6062
have no jurisdiction under these divisionsthat division in cases	6063
where the trial court renders a final judgment in the certificate	6064
holder's favor and that judgment is based upon an adjudication on	6065
the merits. The board shall have jurisdiction under these	6066
divisionsthat division in cases where the trial court issues an	6067
order of dismissal on technical or procedural grounds.	6068

(E) The sealing of conviction records by any court shall have	6069
no effect on a prior board order entered under the provisions of	6070
this section or on the board's jurisdiction to take action under	6071
the provisions of this section if, based upon a plea of guilty, a	6072
judicial finding of guilt, or a judicial finding of eligibility	6073
for intervention in lieu of conviction, the board issued a notice	6074
of opportunity for a hearing prior to the court's order to seal	6075
the records. The board shall not be required to seal, destroy,	6076
redact, or otherwise modify its records to reflect the court's	6077
sealing of conviction records.	6078

(F) For purposes of this division, any individual who holds a	6079
certificate of registration issued under this chapter, or applies	6080
for a certificate of registration, shall be deemed to have given	6081
consent to submit to a mental or physical examination when	6082
directed to do so in writing by the board and to have waived all	6083
objections to the admissibility of testimony or examination	6084
reports that constitute a privileged communication.	6085

(1) In enforcing division (B)(5) of this section, the board,	6086
on a showing of a possible violation, may compel any individual	6087
who holds a certificate of registration issued under this chapter	6088
or who has applied for a certificate of registration pursuant to	6089
this chapter to submit to a mental or physical examination, or	6090
both. A physical examination may include an HIV test. The expense	6091
of the examination is the responsibility of the individual	6092
compelled to be examined. Failure to submit to a mental or	6093
physical examination or consent to an HIV test ordered by the	6094
board constitutes an admission of the allegations against the	6095
individual unless the failure is due to circumstances beyond the	6096
individual's control, and a default and final order may be entered	6097
without the taking of testimony or presentation of evidence. If	6098
the board finds an anesthesiologist assistant unable to practice	6099
because of the reasons set forth in division (B)(5) of this	6100
section, the board shall require the anesthesiologist assistant to	6101
submit to care, counseling, or treatment by physicians approved or	6102
designated by the board, as a condition for an initial, continued,	6103
reinstated, or renewed certificate of registration. An individual	6104
affected by this division shall be afforded an opportunity to	6105
demonstrate to the board the ability to resume practicing in	6106
compliance with acceptable and prevailing standards of care.	6107

(2) For purposes of division (B)(6) of this section, if the	6108
board has reason to believe that any individual who holds a	6109
certificate of registration issued under this chapter or any	6110
applicant for a certificate of registration suffers such	6111
impairment, the board may compel the individual to submit to a	6112
mental or physical examination, or both. The expense of the	6113
examination is the responsibility of the individual compelled to	6114
be examined. Any mental or physical examination required under	6115
this division shall be undertaken by a treatment provider or	6116
physician qualified to conduct such examination and chosen by the	6117
board.	6118

Failure to submit to a mental or physical examination ordered	6119
by the board constitutes an admission of the allegations against	6120
the individual unless the failure is due to circumstances beyond	6121
the individual's control, and a default and final order may be	6122
entered without the taking of testimony or presentation of	6123
evidence. If the board determines that the individual's ability to	6124
practice is impaired, the board shall suspend the individual's	6125
certificate or deny the individual's application and shall require	6126
the individual, as a condition for an initial, continued,	6127
reinstated, or renewed certificate of registration, to submit to	6128
treatment.	6129

Before being eligible to apply for reinstatement of a	6130
certificate suspended under this division, the anesthesiologist	6131
assistant shall demonstrate to the board the ability to resume	6132
practice in compliance with acceptable and prevailing standards of	6133
care. The demonstration shall include the following:	6134

(a) Certification from a treatment provider approved under	6135
section 4731.25 of the Revised Code that the individual has	6136
successfully completed any required inpatient treatment;	6137

(b) Evidence of continuing full compliance with an aftercare	6138
contract or consent agreement;	6139

(c) Two written reports indicating that the individual's	6140
ability to practice has been assessed and that the individual has	6141
been found capable of practicing according to acceptable and	6142
prevailing standards of care. The reports shall be made by	6143
individuals or providers approved by the board for making such	6144
assessments and shall describe the basis for their determination.	6145

The board may reinstate a certificate suspended under this	6146
division after such demonstration and after the individual has	6147
entered into a written consent agreement.	6148

When the impaired anesthesiologist assistant resumes	6149
practice, the board shall require continued monitoring of the	6150
anesthesiologist assistant. The monitoring shall include	6151
monitoring of compliance with the written consent agreement	6152
entered into before reinstatement or with conditions imposed by	6153
board order after a hearing, and, on termination of the consent	6154
agreement, submission to the board for at least two years of	6155
annual written progress reports made under penalty of	6156
falsification stating whether the anesthesiologist assistant has	6157
maintained sobriety.	6158

(G) If the secretary and supervising member determine that	6159
there is clear and convincing evidence that an anesthesiologist	6160
assistant has violated division (B) of this section and that the	6161
individual's continued practice presents a danger of immediate and	6162
serious harm to the public, they may recommend that the board	6163
suspend the individual's certificate or registration without a	6164
prior hearing. Written allegations shall be prepared for	6165
consideration by the board.	6166

The board, on review of the allegations and by an affirmative	6167
vote of not fewer than six of its members, excluding the secretary	6168
and supervising member, may suspend a certificate without a prior	6169
hearing. A telephone conference call may be utilized for reviewing	6170
the allegations and taking the vote on the summary suspension.	6171

The board shall issue a written order of suspension by	6172
certified mail or in person in accordance with section 119.07 of	6173
the Revised Code. The order shall not be subject to suspension by	6174
the court during pendency of any appeal filed under section 119.12	6175
of the Revised Code. If the anesthesiologist assistant requests an	6176
adjudicatory hearing by the board, the date set for the hearing	6177
shall be within fifteen days, but not earlier than seven days,	6178
after the anesthesiologist assistant requests the hearing, unless	6179
otherwise agreed to by both the board and the certificate holder.	6180

A summary suspension imposed under this division shall remain	6181
in effect, unless reversed on appeal, until a final adjudicative	6182
order issued by the board pursuant to this section and Chapter	6183
119. of the Revised Code becomes effective. The board shall issue	6184
its final adjudicative order within sixty days after completion of	6185
its hearing. Failure to issue the order within sixty days shall	6186
result in dissolution of the summary suspension order, but shall	6187
not invalidate any subsequent, final adjudicative order.	6188

(H) If the board takes action under division (B)(11), (13),	6189
or (14) of this section, and the judicial finding of guilt, guilty	6190
plea, or judicial finding of eligibility for intervention in lieu	6191
of conviction is overturned on appeal, on exhaustion of the	6192
criminal appeal, a petition for reconsideration of the order may	6193
be filed with the board along with appropriate court documents. On	6194
receipt of a petition and supporting court documents, the board	6195
shall reinstate the certificate of registration. The board may	6196
then hold an adjudication under Chapter 119. of the Revised Code	6197
to determine whether the individual committed the act in question.	6198
Notice of opportunity for hearing shall be given in accordance	6199
with Chapter 119. of the Revised Code. If the board finds,	6200
pursuant to an adjudication held under this division, that the	6201
individual committed the act, or if no hearing is requested, it	6202
may order any of the sanctions specified in division (B) of this	6203
section.	6204

(I) The certificate of registration of an anesthesiologist	6205
assistant and the assistant's practice in this state are	6206
automatically suspended as of the date the anesthesiologist	6207
assistant pleads guilty to, is found by a judge or jury to be	6208
guilty of, or is subject to a judicial finding of eligibility for	6209
intervention in lieu of conviction in this state or treatment of	6210
intervention in lieu of conviction in another jurisdiction for any	6211
of the following criminal offenses in this state or a	6212
substantially equivalent criminal offense in another jurisdiction:	6213
aggravated murder, murder, voluntary manslaughter, felonious	6214
assault, kidnapping, rape, sexual battery, gross sexual	6215
imposition, aggravated arson, aggravated robbery, or aggravated	6216
burglary. Continued practice after the suspension shall be	6217
considered practicing without a certificate.	6218

The board shall notify the individual subject to the	6219
suspension by certified mail or in person in accordance with	6220
section 119.07 of the Revised Code. If an individual whose	6221
certificate is suspended under this division fails to make a	6222
timely request for an adjudication under Chapter 119. of the	6223
Revised Code, the board shall enter a final order permanently	6224
revoking the individual's certificate of registration.	6225

(J) In any instance in which the board is required by Chapter	6226
119. of the Revised Code to give notice of opportunity for hearing	6227
and the individual subject to the notice does not timely request a	6228
hearing in accordance with section 119.07 of the Revised Code, the	6229
board is not required to hold a hearing, but may adopt, by an	6230
affirmative vote of not fewer than six of its members, a final	6231
order that contains the board's findings. In the final order, the	6232
board may order any of the sanctions identified under division (A)	6233
or (B) of this section.	6234

(K) Any action taken by the board under division (B) of this	6235
section resulting in a suspension shall be accompanied by a	6236
written statement of the conditions under which the	6237
anesthesiologist assistant's certificate may be reinstated. The	6238
board shall adopt rules in accordance with Chapter 119. of the	6239
Revised Code governing conditions to be imposed for reinstatement.	6240
Reinstatement of a certificate suspended pursuant to division (B)	6241
of this section requires an affirmative vote of not fewer than six	6242
members of the board.	6243

(L) When the board refuses to grant a certificate of	6244
registration as an anesthesiologist assistant to an applicant,	6245
revokes an individual's certificate of registration, refuses to	6246
renew a certificate of registration, or refuses to reinstate an	6247
individual's certificate of registration, the board may specify	6248
that its action is permanent. An individual subject to a permanent	6249
action taken by the board is forever thereafter ineligible to hold	6250
a certificate of registration as an anesthesiologist assistant and	6251
the board shall not accept an application for reinstatement of the	6252
certificate or for issuance of a new certificate.	6253

(M) Notwithstanding any other provision of the Revised Code,	6254
all of the following apply:	6255

(1) The surrender of a certificate of registration issued	6256
under this chapter is not effective unless or until accepted by	6257
the board. Reinstatement of a certificate surrendered to the board	6258
requires an affirmative vote of not fewer than six members of the	6259
board.	6260

(2) An application made under this chapter for a certificate	6261
of registration may not be withdrawn without approval of the	6262
board.	6263

(3) Failure by an individual to renew a certificate of	6264
registration in accordance with section 4760.06 of the Revised	6265
Code shall not remove or limit the board's jurisdiction to take	6266
disciplinary action under this section against the individual.	6267

(N) As used in this section, a "criminal offense that is	6268
substantially related" has the same meaning as in section 4743.06	6269
of the Revised Code.	6270

Sec. 4761.09.  (A) The Ohio respiratory care board may refuse	6271
to issue or renew a license or a limited permit, may issue a	6272
reprimand, may suspend or permanently revoke a license or limited	6273
permit, or may place a license or limited permit holder on	6274
probation, on any of the following grounds:	6275

(1) A plea of guilty to, a judicial finding of guilt of, or a	6276
judicial finding of eligibility for intervention in lieu of	6277
conviction for ana criminal offense involving moral turpitude or	6278
of a felonythat is substantially related to the practice of	6279
respiratory care, in which case a certified copy of the court	6280
record shall be conclusive evidence of the matter;	6281

(2) Violating any provision of this chapter or an order or	6282
rule of the board;	6283

(3) Assisting another person in that person's violation of	6284
any provision of this chapter or an order or rule of the board;	6285

(4) Obtaining a license or limited permit by means of fraud,	6286
false or misleading representation, or concealment of material	6287
facts or making any other material misrepresentation to the board;	6288

(5) Being guilty of negligence or gross misconduct in the	6289
practice of respiratory care;	6290

(6) Violating the standards of ethical conduct adopted by the	6291
board, in the practice of respiratory care;	6292

(7) Engaging in dishonorable, unethical, or unprofessional	6293
conduct of a character likely to deceive, defraud, or harm the	6294
public;	6295

(8) Using any dangerous drug, as defined in section 4729.01	6296
of the Revised Code, or alcohol to the extent that the use impairs	6297
the ability to practice respiratory care at an acceptable level of	6298
competency;	6299

(9) Practicing respiratory care while mentally incompetent;

6300

(10) Accepting commissions, rebates, or other forms of	6301
remuneration for patient referrals;	6302

(11) Practicing in an area of respiratory care for which the	6303
person is clearly untrained or incompetent or practicing in a	6304
manner that conflicts with section 4761.17 of the Revised Code;	6305

(12) Employing, directing, or supervising a person who is not	6306
authorized to practice respiratory care under this chapter in the	6307
performance of respiratory care procedures;	6308

(13) Misrepresenting educational attainments or authorized	6309
functions for the purpose of obtaining some benefit related to the	6310
practice of respiratory care;	6311

(14) Assisting suicide as defined in section 3795.01 of the	6312
Revised Code.	6313

Before the board may take any action under this section,	6314
other than issuance of a summary suspension order under division	6315
(C) of this section, the executive director of the board shall	6316
prepare and file written charges with the board. Disciplinary	6317
actions taken by the board under this section shall be taken	6318
pursuant to an adjudication under Chapter 119. of the Revised	6319
Code, except that in lieu of an adjudication, the board may enter	6320
into a consent agreement to resolve an allegation of a violation	6321
of this chapter or any rule adopted under it. A consent agreement,	6322
when ratified by the board, shall constitute the findings and	6323
order of the board with respect to the matter addressed in the	6324
agreement. If the board refuses to ratify a consent agreement, the	6325
admissions and findings contained in the consent agreement shall	6326
be of no effect.	6327

(B) If the board orders a license or limited permit holder	6328
placed on probation, the order shall be accompanied by a written	6329
statement of the conditions under which the person may be restored	6330
to practice.	6331

The person may reapply to the board for original issuance of	6332
a license after one year following the date the license was	6333
denied.	6334

A person may apply to the board for the reinstatement of a	6335
license or limited permit after one year following the date of	6336
suspension or refusal to renew. The board may accept or refuse the	6337
application for reinstatement and may require that the applicant	6338
pass a reexamination as a condition of eligibility for	6339
reinstatement.	6340

(C) If the president and secretary of the board determine	6341
that there is clear and convincing evidence that a license or	6342
limited permit holder has committed an act that is grounds for	6343
board action under division (A) of this section and that continued	6344
practice by the license or permit holder presents a danger of	6345
immediate and serious harm to the public, the president and	6346
secretary may recommend that the board suspend the license or	6347
limited permit without a prior hearing. The president and	6348
secretary shall submit in writing to the board the allegations	6349
causing them to recommend the suspension.	6350

On review of the allegations, the board, by a vote of not	6351
less than seven of its members, may suspend a license or limited	6352
permit without a prior hearing. The board may review the	6353
allegations and vote on the suspension by a telephone conference	6354
call.	6355

If the board votes to suspend a license or limited permit	6356
under this division, the board shall issue a written order of	6357
summary suspension to the license or limited permit holder in	6358
accordance with section 119.07 of the Revised Code. If the license	6359
or limited permit holder requests a hearing by the board, the	6360
board shall conduct the hearing in accordance with Chapter 119. of	6361
the Revised Code. Notwithstanding section 119.12 of the Revised	6362
Code, a court of common pleas shall not grant a suspension of the	6363
board's order of summary suspension pending determination of an	6364
appeal filed under that section.	6365

Any order of summary suspension issued under this division	6366
shall remain in effect until a final adjudication order issued by	6367
the board pursuant to division (A) of this section becomes	6368
effective. The board shall issue its final adjudication order	6369
regarding an order of summary suspension issued under this	6370
division not later than sixty days after completion of its	6371
hearing. Failure to issue the order within sixty days shall result	6372
in immediate dissolution of the suspension order, but shall not	6373
invalidate any subsequent, final adjudication order.	6374

(D) As used in this section, a "criminal offense that is	6375
substantially related" has the same meaning as in section 4743.06	6376
of the Revised Code.	6377

Sec. 4762.13.  (A) The state medical board, by an affirmative	6378
vote of not fewer than six members, may revoke or may refuse to	6379
grant a certificate to practice as an acupuncturist to a person	6380
found by the board to have committed fraud, misrepresentation, or	6381
deception in applying for or securing the certificate.	6382

(B) The board, by an affirmative vote of not fewer than six	6383
members, shall, to the extent permitted by law, limit, revoke, or	6384
suspend an individual's certificate to practice as an	6385
acupuncturist, refuse to issue a certificate to an applicant,	6386
refuse to reinstate a certificate, or reprimand or place on	6387
probation the holder of a certificate for any of the following	6388
reasons:	6389

(1) Permitting the holder's name or certificate to be used	6390
by another person;	6391

(2) Failure to comply with the requirements of this chapter,	6392
Chapter 4731. of the Revised Code, or any rules adopted by the	6393
board;	6394

(3) Violating or attempting to violate, directly or	6395
indirectly, or assisting in or abetting the violation of, or	6396
conspiring to violate, any provision of this chapter, Chapter	6397
4731. of the Revised Code, or the rules adopted by the board;	6398

(4) A departure from, or failure to conform to, minimal	6399
standards of care of similar practitioners under the same or	6400
similar circumstances whether or not actual injury to the patient	6401
is established;	6402

(5) Inability to practice according to acceptable and	6403
prevailing standards of care by reason of mental illness or	6404
physical illness, including physical deterioration that adversely	6405
affects cognitive, motor, or perceptive skills;	6406

(6) Impairment of ability to practice according to acceptable	6407
and prevailing standards of care because of habitual or excessive	6408
use or abuse of drugs, alcohol, or other substances that impair	6409
ability to practice;	6410

(7) Willfully betraying a professional confidence;

6411

(8) Making a false, fraudulent, deceptive, or misleading	6412
statement in soliciting or advertising for patients or in securing	6413
or attempting to secure a certificate to practice as an	6414
acupuncturist.	6415

As used in this division, "false, fraudulent, deceptive, or	6416
misleading statement" means a statement that includes a	6417
misrepresentation of fact, is likely to mislead or deceive because	6418
of a failure to disclose material facts, is intended or is likely	6419
to create false or unjustified expectations of favorable results,	6420
or includes representations or implications that in reasonable	6421
probability will cause an ordinarily prudent person to	6422
misunderstand or be deceived.	6423

(9) Representing, with the purpose of obtaining compensation	6424
or other advantage personally or for any other person, that an	6425
incurable disease or injury, or other incurable condition, can be	6426
permanently cured;	6427

(10) The obtaining of, or attempting to obtain, money or a	6428
thing of value by fraudulent misrepresentations in the course of	6429
practice;	6430

(11) A plea of guilty to, a judicial finding of guilt of, or	6431
a judicial finding of eligibility for intervention in lieu of	6432
conviction for, a felonycriminal offense that is substantially	6433
related to the practice of acupuncture;	6434

(12) Commission of an act that constitutes a felonycriminal	6435
offense that is substantially related to the practice of	6436
acupuncture in this state, regardless of the jurisdiction in	6437
which the act was committed;	6438

(13) A plea of guilty to, a judicial finding of guilt of, or	6439
a judicial finding of eligibility for intervention in lieu of	6440
conviction for, a misdemeanor committed in the course of practice;	6441

(14) A plea of guilty to, a judicial finding of guilt of, or	6442
a judicial finding of eligibility for intervention in lieu of	6443
conviction for, a misdemeanor involving moral turpitude;	6444

(15) Commission of an act in the course of practice that	6445
constitutes a misdemeanor in this state, regardless of the	6446
jurisdiction in which the act was committed;	6447

(16) Commission of an act involving moral turpitude that	6448
constitutes a misdemeanor in this state, regardless of the	6449
jurisdiction in which the act was committed;	6450

(17) A plea of guilty to, a judicial finding of guilt of, or	6451
a judicial finding of eligibility for intervention in lieu of	6452
conviction for violating any state or federal law regulating the	6453
possession, distribution, or use of any drug, including	6454
trafficking in drugs;	6455

(18)(14) Any of the following actions taken by the state	6456
agency responsible for regulating the practice of acupuncture in	6457
another jurisdiction, for any reason other than the nonpayment of	6458
fees: the limitation, revocation, or suspension of an	6459
individual's license to practice; acceptance of an individual's	6460
license surrender; denial of a license; refusal to renew or	6461
reinstate a license; imposition of probation; or issuance of an	6462
order of censure or other reprimand;	6463

(19)(15) Violation of the conditions placed by the board on a	6464
certificate to practice as an acupuncturist;	6465

(20)(16) Failure to use universal blood and body fluid	6466
precautions established by rules adopted under section 4731.051 of	6467
the Revised Code;	6468

(21)(17) Failure to cooperate in an investigation conducted	6469
by the board under section 4762.14 of the Revised Code, including	6470
failure to comply with a subpoena or order issued by the board or	6471
failure to answer truthfully a question presented by the board at	6472
a deposition or in written interrogatories, except that failure to	6473
cooperate with an investigation shall not constitute grounds for	6474
discipline under this section if a court of competent jurisdiction	6475
has issued an order that either quashes a subpoena or permits the	6476
individual to withhold the testimony or evidence in issue;	6477

(22)(18) Failure to comply with the standards of the national	6478
certification commission for acupuncture and oriental medicine	6479
regarding professional ethics, commitment to patients, commitment	6480
to the profession, and commitment to the public;	6481

(23)(19) Failure to have adequate professional liability	6482
insurance coverage in accordance with section 4762.22 of the	6483
Revised Code.	6484

(C) Disciplinary actions taken by the board under divisions	6485
(A) and (B) of this section shall be taken pursuant to an	6486
adjudication under Chapter 119. of the Revised Code, except that	6487
in lieu of an adjudication, the board may enter into a consent	6488
agreement with an acupuncturist or applicant to resolve an	6489
allegation of a violation of this chapter or any rule adopted	6490
under it. A consent agreement, when ratified by an affirmative	6491
vote of not fewer than six members of the board, shall constitute	6492
the findings and order of the board with respect to the matter	6493
addressed in the agreement. If the board refuses to ratify a	6494
consent agreement, the admissions and findings contained in the	6495
consent agreement shall be of no force or effect.	6496

(D) For purposes of divisionsdivision (B)(12), (15), and	6497
(16) of this section, the commission of the act may be	6498
established by a finding by the board, pursuant to an	6499
adjudication under Chapter 119. of the Revised Code, that the	6500
applicant or certificate holder committed the act in question.	6501
The board shall have no jurisdiction under these divisionsthat	6502
division in cases where the trial court renders a final judgment	6503
in the certificate holder's favor and that judgment is based upon	6504
an adjudication on the merits. The board shall have jurisdiction	6505
under these divisionsthat division in cases where the trial	6506
court issues an order of dismissal upon technical or procedural	6507
grounds.	6508

(E) The sealing of conviction records by any court shall have	6509
no effect upon a prior board order entered under the provisions of	6510
this section or upon the board's jurisdiction to take action under	6511
the provisions of this section if, based upon a plea of guilty, a	6512
judicial finding of guilt, or a judicial finding of eligibility	6513
for intervention in lieu of conviction, the board issued a notice	6514
of opportunity for a hearing prior to the court's order to seal	6515
the records. The board shall not be required to seal, destroy,	6516
redact, or otherwise modify its records to reflect the court's	6517
sealing of conviction records.	6518

(F) For purposes of this division, any individual who holds a	6519
certificate to practice issued under this chapter, or applies	6520
for a certificate to practice, shall be deemed to have given	6521
consent to submit to a mental or physical examination when	6522
directed to do so in writing by the board and to have waived all	6523
objections to the admissibility of testimony or examination	6524
reports that constitute a privileged communication.	6525

(1) In enforcing division (B)(5) of this section, the board,	6526
upon a showing of a possible violation, may compel any individual	6527
who holds a certificate to practice issued under this chapter	6528
or who has applied for a certificate pursuant to this chapter to	6529
submit to a mental examination, physical examination, including	6530
an HIV test, or both a mental and physical examination. The	6531
expense of the examination is the responsibility of the	6532
individual compelled to be examined. Failure to submit to a	6533
mental or physical examination or consent to an HIV test ordered	6534
by the board constitutes an admission of the allegations against	6535
the individual unless the failure is due to circumstances beyond	6536
the individual's control, and a default and final order may be	6537
entered without the taking of testimony or presentation of	6538
evidence. If the board finds an acupuncturist unable to practice	6539
because of the reasons set forth in division (B)(5) of this	6540
section, the board shall require the acupuncturist to submit to	6541
care, counseling, or treatment by physicians approved or	6542
designated by the board, as a condition for an initial,	6543
continued, reinstated, or renewed certificate to practice. An	6544
individual affected by this division shall be afforded an	6545
opportunity to demonstrate to the board the ability to resume	6546
practicing in compliance with acceptable and prevailing standards	6547
of care.	6548

(2) For purposes of division (B)(6) of this section, if the	6549
board has reason to believe that any individual who holds a	6550
certificate to practice issued under this chapter or any	6551
applicant for a certificate suffers such impairment, the board	6552
may compel the individual to submit to a mental or physical	6553
examination, or both. The expense of the examination is the	6554
responsibility of the individual compelled to be examined. Any	6555
mental or physical examination required under this division shall	6556
be undertaken by a treatment provider or physician qualified to	6557
conduct such examination and chosen by the board.	6558

Failure to submit to a mental or physical examination ordered	6559
by the board constitutes an admission of the allegations against	6560
the individual unless the failure is due to circumstances beyond	6561
the individual's control, and a default and final order may be	6562
entered without the taking of testimony or presentation of	6563
evidence. If the board determines that the individual's ability to	6564
practice is impaired, the board shall suspend the individual's	6565
certificate or deny the individual's application and shall require	6566
the individual, as a condition for an initial, continued,	6567
reinstated, or renewed certificate, to submit to treatment.	6568

Before being eligible to apply for reinstatement of a	6569
certificate suspended under this division, the acupuncturist	6570
shall demonstrate to the board the ability to resume practice in	6571
compliance with acceptable and prevailing standards of care. The	6572
demonstration shall include the following:	6573

(a) Certification from a treatment provider approved under	6574
section 4731.25 of the Revised Code that the individual has	6575
successfully completed any required inpatient treatment;	6576

(b) Evidence of continuing full compliance with an aftercare	6577
contract or consent agreement;	6578

(c) Two written reports indicating that the individual's	6579
ability to practice has been assessed and that the individual has	6580
been found capable of practicing according to acceptable and	6581
prevailing standards of care. The reports shall be made by	6582
individuals or providers approved by the board for making such	6583
assessments and shall describe the basis for their determination.	6584

The board may reinstate a certificate suspended under this	6585
division after such demonstration and after the individual has	6586
entered into a written consent agreement.	6587

When the impaired acupuncturist resumes practice, the board	6588
shall require continued monitoring of the acupuncturist. The	6589
monitoring shall include monitoring of compliance with the written	6590
consent agreement entered into before reinstatement or with	6591
conditions imposed by board order after a hearing, and, upon	6592
termination of the consent agreement, submission to the board for	6593
at least two years of annual written progress reports made under	6594
penalty of falsification stating whether the acupuncturist has	6595
maintained sobriety.	6596

(G) If the secretary and supervising member determine that	6597
there is clear and convincing evidence that an acupuncturist has	6598
violated division (B) of this section and that the individual's	6599
continued practice presents a danger of immediate and serious harm	6600
to the public, they may recommend that the board suspend the	6601
individual's certificate to practice without a prior hearing.	6602
Written allegations shall be prepared for consideration by the	6603
board.	6604

The board, upon review of the allegations and by an	6605
affirmative vote of not fewer than six of its members, excluding	6606
the secretary and supervising member, may suspend a certificate	6607
without a prior hearing. A telephone conference call may be	6608
utilized for reviewing the allegations and taking the vote on the	6609
summary suspension.	6610

The board shall issue a written order of suspension by	6611
certified mail or in person in accordance with section 119.07 of	6612
the Revised Code. The order shall not be subject to suspension by	6613
the court during pendency of any appeal filed under section 119.12	6614
of the Revised Code. If the acupuncturist requests an adjudicatory	6615
hearing by the board, the date set for the hearing shall be within	6616
fifteen days, but not earlier than seven days, after the	6617
acupuncturist requests the hearing, unless otherwise agreed to by	6618
both the board and the certificate holder.	6619

A summary suspension imposed under this division shall remain	6620
in effect, unless reversed on appeal, until a final adjudicative	6621
order issued by the board pursuant to this section and Chapter	6622
119. of the Revised Code becomes effective. The board shall issue	6623
its final adjudicative order within sixty days after completion of	6624
its hearing. Failure to issue the order within sixty days shall	6625
result in dissolution of the summary suspension order, but shall	6626
not invalidate any subsequent, final adjudicative order.	6627

(H) If the board takes action under division (B)(11), (13),	6628
or (14) of this section, and the judicial finding of guilt, guilty	6629
plea, or judicial finding of eligibility for intervention in lieu	6630
of conviction is overturned on appeal, upon exhaustion of the	6631
criminal appeal, a petition for reconsideration of the order may	6632
be filed with the board along with appropriate court documents.	6633
Upon receipt of a petition and supporting court documents, the	6634
board shall reinstate the certificate to practice. The board may	6635
then hold an adjudication under Chapter 119. of the Revised Code	6636
to determine whether the individual committed the act in	6637
question. Notice of opportunity for hearing shall be given in	6638
accordance with Chapter 119. of the Revised Code. If the board	6639
finds, pursuant to an adjudication held under this division, that	6640
the individual committed the act, or if no hearing is requested,	6641
it may order any of the sanctions specified in division (B) of	6642
this section.	6643

(I) The certificate to practice of an acupuncturist and the	6644
acupuncturist's practice in this state are automatically	6645
suspended as of the date the acupuncturist pleads guilty to, is	6646
found by a judge or jury to be guilty of, or is subject to a	6647
judicial finding of eligibility for intervention in lieu of	6648
conviction in this state or treatment or intervention in lieu of	6649
conviction in another jurisdiction for any of the following	6650
criminal offenses in this state or a substantially equivalent	6651
criminal offense in another jurisdiction: aggravated murder,	6652
murder, voluntary manslaughter, felonious assault, kidnapping,	6653
rape, sexual battery, gross sexual imposition, aggravated arson,	6654
aggravated robbery, or aggravated burglary. Continued practice	6655
after the suspension shall be considered practicing without a	6656
certificate.	6657

The board shall notify the individual subject to the	6658
suspension by certified mail or in person in accordance with	6659
section 119.07 of the Revised Code. If an individual whose	6660
certificate is suspended under this division fails to make a	6661
timely request for an adjudication under Chapter 119. of the	6662
Revised Code, the board shall enter a final order permanently	6663
revoking the individual's certificate to practice.	6664

(J) In any instance in which the board is required by Chapter	6665
119. of the Revised Code to give notice of opportunity for hearing	6666
and the individual subject to the notice does not timely request a	6667
hearing in accordance with section 119.07 of the Revised Code, the	6668
board is not required to hold a hearing, but may adopt, by an	6669
affirmative vote of not fewer than six of its members, a final	6670
order that contains the board's findings. In the final order, the	6671
board may order any of the sanctions identified under division (A)	6672
or (B) of this section.	6673

(K) Any action taken by the board under division (B) of this	6674
section resulting in a suspension shall be accompanied by a	6675
written statement of the conditions under which the	6676
acupuncturist's certificate to practice may be reinstated. The	6677
board shall adopt rules in accordance with Chapter 119. of the	6678
Revised Code governing conditions to be imposed for	6679
reinstatement. Reinstatement of a certificate suspended pursuant	6680
to division (B) of this section requires an affirmative vote of	6681
not fewer than six members of the board.	6682

(L) When the board refuses to grant a certificate to practice	6683
as an acupuncturist to an applicant, revokes an individual's	6684
certificate, refuses to renew a certificate, or refuses to	6685
reinstate an individual's certificate, the board may specify	6686
that its action is permanent. An individual subject to a	6687
permanent action taken by the board is forever thereafter	6688
ineligible to hold a certificate to practice as an acupuncturist	6689
and the board shall not accept an application for reinstatement	6690
of the certificate or for issuance of a new certificate.	6691

(M) Notwithstanding any other provision of the Revised Code,	6692
all of the following apply:	6693

(1) The surrender of a certificate to practice as an	6694
acupuncturist issued under this chapter is not effective unless	6695
or until accepted by the board. Reinstatement of a certificate	6696
surrendered to the board requires an affirmative vote of not	6697
fewer than six members of the board.	6698

(2) An application made under this chapter for a certificate	6699
may not be withdrawn without approval of the board.	6700

(3) Failure by an individual to renew a certificate in	6701
accordance with section 4762.06 of the Revised Code shall not	6702
remove or limit the board's jurisdiction to take disciplinary	6703
action under this section against the individual.	6704

(N) As used in this section, a "criminal offense that is	6705
substantially related" has the same meaning as in section 4743.06	6706
of the Revised Code.	6707

Sec. 4763.11.  (A) Within five business days after a person	6708
files a signed written complaint against a person certified,	6709
registered, or licensed under this chapter with the division of	6710
real estate, the superintendent of real estate shall acknowledge	6711
receipt of the complaint or request and send a notice to the	6712
certificate holder, registrant, or licensee describing the acts of	6713
which there is a complaint. The acknowledgement to the complainant	6714
and the notice to the certificate holder, registrant, or licensee	6715
shall state that an informal meeting will be held with the	6716
complainant, the certificate holder, registrant, or licensee, and	6717
an investigator from the investigation and audit section of the	6718
division, if the complainant and certificate holder, registrant,	6719
or licensee both file a request for such a meeting within ten	6720
business days thereafter on a form the superintendent provides.	6721

(B) If the complainant and certificate holder, registrant, or	6722
licensee both file with the division requests for an informal	6723
meeting, the superintendent shall notify the complainant and	6724
certificate holder, registrant, or licensee of the date of the	6725
meeting, which shall be within twenty business days thereafter,	6726
except that the complainant, certificate holder, registrant, or	6727
licensee may request an extension of up to fifteen business days	6728
for good cause shown. If the complainant and certificate holder,	6729
registrant, or licensee reach an accommodation at an informal	6730
meeting, the investigator shall so report to the superintendent	6731
and to the complainant and certificate holder, registrant, or	6732
licensee and the complaint file shall be closed, unless, based	6733
upon the investigator's report, the superintendent finds evidence	6734
that the certificate holder, registrant, or licensee has violated	6735
division (G) of this section.	6736

(C) If the complainant and certificate holder, registrant, or	6737
licensee fail to agree to an informal meeting or fail to reach an	6738
accommodation, or if the superintendent finds evidence of a	6739
violation of division (G) of this section pursuant to an	6740
investigation conducted pursuant to division (B)(9) of section	6741
4763.03 of the Revised Code, the superintendent shall, within five	6742
business days of such determination, notify the complainant and	6743
certificate holder, registrant, or licensee and investigate the	6744
conduct of the certificate holder, registrant, or licensee against	6745
whom the complaint is filed.	6746

(D) Within sixty business days after receipt of the	6747
complaint, or, if an informal meeting is held, within sixty days	6748
after such meeting, the investigator shall file a written report	6749
of the results of the investigation with the superintendent.	6750
Within ten business days thereafter, the superintendent shall	6751
review the report and determine whether there exists reasonable	6752
and substantial evidence of a violation of division (G) of this	6753
section by the certificate holder, registrant, or licensee. If the	6754
superintendent finds such evidence exists, within five business	6755
days of that determination, the superintendent shall notify the	6756
complainant and certificate holder, registrant, or licensee of the	6757
determination. The certificate holder, registrant, or licensee may	6758
request a hearing pursuant to Chapter 119. of the Revised Code. If	6759
the superintendent finds that such evidence does not exist, within	6760
five business days thereafter, the superintendent shall notify the	6761
complainant and certificate holder, registrant, or licensee of	6762
that determination and the basis for the determination. Within	6763
fifteen business days after the superintendent notifies the	6764
complainant and certificate holder, registrant, or licensee that	6765
such evidence does not exist, the complainant may file with the	6766
division a request that the real estate appraiser board review the	6767
determination. If the complainant files such request, the board	6768
shall review the determination at the next regularly scheduled	6769
meeting held at least fifteen business days after the request is	6770
filed but no longer than six months after the request is filed.	6771
The board may hear the testimony of the complainant, certificate	6772
holder, registrant, or licensee at the meeting upon the request of	6773
that party. If the board affirms the determination of the	6774
superintendent, the superintendent shall notify the complainant	6775
and the certificate holder, registrant, or licensee within five	6776
business days thereafter. If the board reverses the determination	6777
of the superintendent, a hearing shall be held and the complainant	6778
and certificate holder, registrant, or licensee notified as	6779
provided in this division.	6780

(E) The board shall review the referee's or examiner's report	6781
and the evidence at the next regularly scheduled board meeting	6782
held at least fifteen business days after receipt of the referee's	6783
or examiner's report. The board may hear the testimony of the	6784
complainant, certificate holder, registrant, or licensee upon	6785
request. If the complainant is the Ohio civil rights commission,	6786
the board shall review the complaint	6787

(F) If the board determines that a licensee, registrant, or	6788
certificate holder has violated this chapter for which	6789
disciplinary action may be taken under division (G) of this	6790
section, after review of the referee's or examiner's report and	6791
the evidence as provided in division (E) of this section, the	6792
board shall order the disciplinary action the board considers	6793
appropriate, which may include, but is not limited to, any of the	6794
following:	6795

(1) Reprimand of the certificate holder, registrant, or	6796
licensee;	6797

(2) Suspension of the certificate, registration, or license	6798
for a specific period of time;	6799

(3) Suspension of the certificate, registration, or license	6800
until the certificate holder, registrant, or licensee complies	6801
with conditions the board sets, including but not limited to,	6802
successful completion of the real estate appraiser examination	6803
described in division (D) of section 4763.05 of the Revised Code	6804
or completion of a specific number of hours of continuing	6805
education instruction in courses or seminars approved by the	6806
board;	6807

(4) Revocation of the certificate, registration, or license.

6808

The decision and order of the board is final, subject to	6809
review in the manner provided for in Chapter 119. of the Revised	6810
Code and appeal to any court of common pleas.	6811

(G) The board shall take any disciplinary action authorized	6812
by this section against a certificate holder, registrant, or	6813
licensee who is found to have committed any of the following acts,	6814
omissions, or violations during the appraiser's certification,	6815
registration, or licensure:	6816

(1) Procuring or attempting to procure a certificate,	6817
registration, or license pursuant to this chapter by knowingly	6818
making a false statement, submitting false information, refusing	6819
to provide complete information in response to a question in an	6820
application for certification, registration, or licensure, or by	6821
any means of fraud or misrepresentation;	6822

(2) Paying, or attempting to pay, anything of value, other	6823
than the fees or assessments required by this chapter, to any	6824
member or employee of the board for the purpose of procuring a	6825
certificate, registration, or license;	6826

(3) Being convicted in a criminal proceeding for or pleading	6827
guilty to a felony or a crime involving moral turpitudecriminal	6828
offense that is substantially related to the practice of real	6829
estate appraisal;	6830

(4) Dishonesty, fraud, or misrepresentation, with the intent	6831
to either benefit the certificate holder, registrant, or licensee	6832
or another person or injure another person;	6833

(5) Violation of any of the standards for the development or	6834
communication of real estate appraisals set forth in this chapter	6835
and rules of the board;	6836

(6) Failure or refusal to exercise reasonable diligence in	6837
developing an appraisal, preparing an appraisal report, or	6838
communicating an appraisal;	6839

(7) Negligence or incompetence in developing an appraisal, in	6840
preparing an appraisal report, or in communicating an appraisal;	6841

(8) Willfully disregarding or violating this chapter or the	6842
rules adopted thereunder;	6843

(9) Accepting an appraisal assignment where the employment is	6844
contingent upon the appraiser preparing or reporting a	6845
predetermined estimate, analysis, or opinion, or where the fee to	6846
be paid for the appraisal is contingent upon the opinion,	6847
conclusion, or valuation attained or upon the consequences	6848
resulting from the appraisal assignment;	6849

(10) Violating the confidential nature of governmental	6850
records to which the certificate holder, registrant, or licensee	6851
gained access through employment or engagement as an appraiser by	6852
a governmental agency;	6853

(11) Entry of final judgment against the certificate holder,	6854
registrant, or licensee on the grounds of fraud, deceit,	6855
misrepresentation, or gross negligence in the making of any	6856
appraisal of real estate;	6857

(12) Violating any federal or state civil rights law;

6858

(13) Having published advertising, whether printed, radio,	6859
display, or of any other nature, which was misleading or	6860
inaccurate in any material particular, or in any way having	6861
misrepresented any appraisal or specialized service;	6862

(14) Failing to maintain records for five years as required	6863
by section 4763.14 of the Revised Code.	6864

(H) The board immediately shall notify the superintendent of	6865
real estate of any disciplinary action taken under this section	6866
against a certificate holder, registrant, or licensee who also is	6867
licensed under Chapter 4735. of the Revised Code, and also shall	6868
notify any other federal, state, or local agency and any other	6869
public or private association that the board determines is	6870
responsible for licensing or otherwise regulating the professional	6871
or business activity of the appraiser. Additionally, the board	6872
shall notify the complainant and any other party who may have	6873
suffered financial loss because of the certificate holder's,	6874
registrant's, or licensee's violations, that the complainant or	6875
other party may sue for recovery under section 4763.16 of the	6876
Revised Code. The notice provided under this division shall	6877
specify the conduct for which the certificate holder, registrant,	6878
or licensee was disciplined and the disciplinary action taken by	6879
the board and the result of that conduct.	6880

(I) A certificate holder, registrant, or licensee shall	6881
notify the board of the existence of a criminal conviction or	6882
guilty plea of the type described in division (G)(3) of this	6883
section within fifteen days of the conviction or guilty plea.	6884

(J) If the board determines that a certificate holder,	6885
registrant, or licensee has violated this chapter for which	6886
disciplinary action may be taken under division (G) of this	6887
section as a result of an investigation conducted by the	6888
superintendent upon the superintendent's own motion or upon the	6889
request of the board, the superintendent shall notify the	6890
certificate holder, registrant, or licensee of the certificate	6891
holder's, registrant's, or licensee's right to a hearing pursuant	6892
to Chapter 119. of the Revised Code and to an appeal of a final	6893
determination of such administrative proceedings to any court of	6894
common pleas.	6895

(K) As used in this section, a "criminal offense that is	6896
substantially related" has the same meaning as in section 4743.06	6897
of the Revised Code.	6898

Sec. 4765.18. TheAs used in this section, a "criminal	6899
offense that is substantially related" has the same meaning as in	6900
section 4743.06 of the Revised Code.	6901

The state board of emergency medical services may suspend or	6902
revoke a certificate of accreditation or a certificate of approval	6903
issued under section 4765.17 of the Revised Code for any of the	6904
following reasons:	6905

(A) Violation of this chapter or any rule adopted under it;

6906

(B) Furnishing of false, misleading, or incomplete	6907
information to the board;	6908

(C) The signing of an application or the holding of a	6909
certificate of accreditation by a person who has pleaded guilty to	6910
or has been convicted of a felony, or has pleaded guilty to or	6911
been convicted of a crime involving moral turpitudecriminal	6912
offense that is substantially related to the practice of emergency	6913
medical services;	6914

(D) The signing of an application or the holding of a	6915
certificate of accreditation by a person who is addicted to the	6916
use of any controlled substance or has been adjudicated	6917
incompetent for that purpose by a court, as provided in section	6918
5122.301 of the Revised Code;	6919

(E) Violation of any commitment made in an application for a	6920
certificate of accreditation or certificate of approval;	6921

(F) Presentation to prospective students of misleading,	6922
false, or fraudulent information relating to the emergency medical	6923
services training program or emergency medical services continuing	6924
education program, employment opportunities, or opportunities for	6925
enrollment in accredited institutions of higher education after	6926
entering or completing courses offered by the operator of a	6927
program;	6928

(G) Failure to maintain in a safe and sanitary condition	6929
premises and equipment used in conducting courses of study;	6930

(H) Failure to maintain financial resources adequate for the	6931
satisfactory conduct of courses of study or to retain a sufficient	6932
number of certified instructors;	6933

(I) Discrimination in the acceptance of students upon the	6934
basis of race, color, religion, sex, or national origin.	6935

Sec. 4765.301. (A) An appointing authority may request the	6936
superintendent of BCII to conduct a criminal records check with	6937
respect to any person who is under consideration for appointment	6938
or employment as an emergency medical technician-basic, an	6939
emergency medical technician-intermediate, or an emergency medical	6940
technician-paramedic.	6941

(B)(1) The appointing authority may request that the	6942
superintendent of BCII obtain information from the federal bureau	6943
of investigation as a part of the criminal records check requested	6944
pursuant to division (A) of this section.	6945

(2) An appointing authority authorized by division (A) of	6946
this section to request a criminal records check shall provide to	6947
each person for whom the appointing authority intends to request a	6948
criminal records check a copy of the form prescribed pursuant to	6949
division (C)(1) of section 109.578 of the Revised Code and a	6950
standard impression sheet to obtain fingerprint impressions	6951
prescribed pursuant to division (C)(2) of section 109.578 of the	6952
Revised Code, obtain the completed form and impression sheet from	6953
the person, and forward the completed form and impression sheet to	6954
the superintendent of BCII at the time the criminal records check	6955
is requested.	6956

(3) Any person subject to a criminal records check who	6957
receives a copy of the form and a copy of the impression sheet	6958
pursuant to division (B)(2) of this section and who is requested	6959
to complete the form and provide a set of fingerprint impressions	6960
shall complete the form or provide all the information necessary	6961
to complete the form and shall provide the impression sheet with	6962
the impressions of the person's fingerprints. If a person fails to	6963
provide the information necessary to complete the form or fails to	6964
provide impressions of the person's fingerprints, the appointing	6965
authority shall not appoint or employ the person as an emergency	6966
medical technician-basic, an emergency medical	6967
technician-intermediate, or an emergency medical	6968
technician-paramedic.	6969

(C)(1) Except as otherwise provided in division (C)(2) of	6970
this section, an appointing authority shall not appoint or employ	6971
a person as an emergency medical technician-basic, an emergency	6972
medical technician-intermediate, or an emergency medical	6973
technician-paramedic if the appointing authority has requested a	6974
criminal records check pursuant to division (A) of this section	6975
and the criminal records check indicates that the person	6976
previously has been convicted of or pleaded guilty to any of the	6977
following:	6978

(a) A felony;

6979

(b) A violation of section 2909.03 of the Revised Code;

6980

(c) A violation of an existing or former law of this state,	6981
any other state, or the United States that is substantially	6982
equivalent to any of the offenses described in division (C)(1)(a)	6983
or (b) of this sectiona criminal offense in any jurisdiction that	6984
is substantially related to practice as an emergency medical	6985
technician-basic, emergency medical technician-intermediate, or	6986
emergency medical technician-paramedic.	6987

(2) Notwithstanding division (C)(1) of this section, an	6988
appointing authority may appoint or employ a person as an	6989
emergency medical technician-basic, an emergency medical	6990
technician-intermediate, or an emergency medical	6991
technician-paramedic if all of the following apply:	6992

(a) The appointing authority has requested a criminal records	6993
check pursuant to division (A) of this section.	6994

(b) The criminal records check indicates that the person	6995
previously has been convicted of or pleaded guilty to any of the	6996
offenses described in division (C)(1) of this sectiona criminal	6997
offense in any jurisdiction that is substantially related to	6998
practice as an emergency medical technician-basic, emergency	6999
medical technician-intermediate, or emergency medical	7000
technician-paramedic.	7001

(c) The person meets rehabilitation standards established in	7002
rules adopted under division (E) of this section.	7003

(3) If an appointing authority requests a criminal records	7004
check pursuant to division (A) of this section, the appointing	7005
authority may appoint or employ a person as an emergency medical	7006
technician-basic, an emergency medical technician-intermediate, or	7007
an emergency medical technician-paramedic conditionally until the	7008
criminal records check is completed and the appointing authority	7009
receives the results. If the results of the criminal records check	7010
indicate that, pursuant to division (C)(1) of this section, the	7011
person subject to the criminal records check is disqualified from	7012
appointment or employment, the appointing authority shall release	7013
the person from appointment or employment.	7014

(D) The appointing authority shall pay to the bureau of	7015
criminal identification and investigation the fee prescribed	7016
pursuant to division (C)(3) of section 109.578 of the Revised Code	7017
for each criminal records check conducted in accordance with that	7018
section. The appointing authority may charge the applicant who is	7019
subject to the criminal records check a fee for the costs the	7020
appointing authority incurs in obtaining the criminal records	7021
check. A fee charged under this division shall not exceed the	7022
amount of fees the appointing authority pays for the criminal	7023
records check. If a fee is charged under this division, the	7024
appointing authority shall notify the applicant at the time of the	7025
applicant's initial application for appointment or employment of	7026
the amount of the fee and that, unless the fee is paid, the	7027
applicant will not be considered for appointment or employment.	7028

(E) The appointing authority shall adopt rules in accordance	7029
with Chapter 119. of the Revised Code to implement this section.	7030
The rules shall include rehabilitation standards a person who has	7031
been convicted of or pleaded guilty to an offense listed in	7032
division (C)(1) of this section must meet for the appointing	7033
authority to appoint or employ the person as an emergency medical	7034
technician-basic, an emergency medical technician-intermediate, or	7035
an emergency medical technician-paramedic.	7036

(F) An appointing authority that intends to request a	7037
criminal records check for an applicant shall inform each	7038
applicant, at the time of the person's initial application for	7039
appointment or employment, that the applicant is required to	7040
provide a set of impressions of the person's fingerprints and that	7041
the appointing authority requires a criminal records check to be	7042
conducted and satisfactorily completed in accordance with section	7043
109.578 of the Revised Code.	7044

(G) As used in this section:

7045

(1) "Appointing authority" means any person or body that has	7046
the authority to hire, appoint, or employ emergency medical	7047
technicians-basic, emergency medical technicians-intermediate, or	7048
emergency medical technicians-paramedic.	7049

(2) "Criminal offense that is substantially related" has the	7050
same meaning as in section 4743.06 of the Revised Code.	7051

(3) Criminal records check" has the same meaning as in	7052
section 109.578 of the Revised Code.	7053

(3)(4) "Superintendent of BCII" has the same meaning as in	7054
section 2151.86 of the Revised Code.	7055

Sec. 4774.13. (A) The state medical board, by an affirmative	7056
vote of not fewer than six members, may revoke or may refuse to	7057
grant a certificate to practice as a radiologist assistant to an	7058
individual found by the board to have committed fraud,	7059
misrepresentation, or deception in applying for or securing the	7060
certificate.	7061

(B) The board, by an affirmative vote of not fewer than six	7062
members, shall, to the extent permitted by law, limit, revoke, or	7063
suspend an individual's certificate to practice as a radiologist	7064
assistant, refuse to issue a certificate to an applicant, refuse	7065
to reinstate a certificate, or reprimand or place on probation	7066
the holder of a certificate for any of the following reasons:	7067

(1) Permitting the holder's name or certificate to be used by	7068
another person;	7069

(2) Failure to comply with the requirements of this chapter,	7070
Chapter 4731. of the Revised Code, or any rules adopted by the	7071
board;	7072

(3) Violating or attempting to violate, directly or	7073
indirectly, or assisting in or abetting the violation of, or	7074
conspiring to violate, any provision of this chapter, Chapter	7075
4731. of the Revised Code, or the rules adopted by the board;	7076

(4) A departure from, or failure to conform to, minimal	7077
standards of care of similar practitioners under the same or	7078
similar circumstances whether or not actual injury to the patient	7079
is established;	7080

(5) Inability to practice according to acceptable and	7081
prevailing standards of care by reason of mental illness or	7082
physical illness, including physical deterioration that adversely	7083
affects cognitive, motor, or perceptive skills;	7084

(6) Impairment of ability to practice according to acceptable	7085
and prevailing standards of care because of habitual or excessive	7086
use or abuse of drugs, alcohol, or other substances that impair	7087
ability to practice;	7088

(7) Willfully betraying a professional confidence;

7089

(8) Making a false, fraudulent, deceptive, or misleading	7090
statement in securing or attempting to secure a certificate to	7091
practice as a radiologist assistant.	7092

As used in this division, "false, fraudulent, deceptive, or	7093
misleading statement" means a statement that includes a	7094
misrepresentation of fact, is likely to mislead or deceive because	7095
of a failure to disclose material facts, is intended or is likely	7096
to create false or unjustified expectations of favorable results,	7097
or includes representations or implications that in reasonable	7098
probability will cause an ordinarily prudent person to	7099
misunderstand or be deceived.	7100

(9) The obtaining of, or attempting to obtain, money or a	7101
thing of value by fraudulent misrepresentations in the course of	7102
practice;	7103

(10) A plea of guilty to, a judicial finding of guilt of, or	7104
a judicial finding of eligibility for intervention in lieu of	7105
conviction for, a felonycriminal offense that is substantially	7106
related to practice as a radiologist assistant;	7107

(11) Commission of an act that constitutes a felonycriminal	7108
offense that is substantially related to practice as a radiologist	7109
assistant in this state, regardless of the jurisdiction in which	7110
the act was committed;	7111

(12) A plea of guilty to, a judicial finding of guilt of, or	7112
a judicial finding of eligibility for intervention in lieu of	7113
conviction for, a misdemeanor committed in the course of practice;	7114

(13) A plea of guilty to, a judicial finding of guilt of, or	7115
a judicial finding of eligibility for intervention in lieu of	7116
conviction for, a misdemeanor involving moral turpitude;	7117

(14) Commission of an act in the course of practice that	7118
constitutes a misdemeanor in this state, regardless of the	7119
jurisdiction in which the act was committed;	7120

(15) Commission of an act involving moral turpitude that	7121
constitutes a misdemeanor in this state, regardless of the	7122
jurisdiction in which the act was committed;	7123

(16) A plea of guilty to, a judicial finding of guilt of, or	7124
a judicial finding of eligibility for intervention in lieu of	7125
conviction for violating any state or federal law regulating the	7126
possession, distribution, or use of any drug, including	7127
trafficking in drugs;	7128

(17)(13) Any of the following actions taken by the state	7129
agency responsible for regulating the practice of radiologist	7130
assistants in another jurisdiction, for any reason other than the	7131
nonpayment of fees: the limitation, revocation, or suspension of	7132
an individual's license to practice; acceptance of an	7133
individual's license surrender; denial of a license; refusal to	7134
renew or reinstate a license; imposition of probation; or	7135
issuance of an order of censure or other reprimand;	7136

(18)(14) Violation of the conditions placed by the board on a	7137
certificate to practice as a radiologist assistant;	7138

(19)(15) Failure to use universal blood and body fluid	7139
precautions established by rules adopted under section 4731.051 of	7140
the Revised Code;	7141

(20)(16) Failure to cooperate in an investigation conducted	7142
by the board under section 4774.14 of the Revised Code, including	7143
failure to comply with a subpoena or order issued by the board or	7144
failure to answer truthfully a question presented by the board at	7145
a deposition or in written interrogatories, except that failure to	7146
cooperate with an investigation shall not constitute grounds for	7147
discipline under this section if a court of competent jurisdiction	7148
has issued an order that either quashes a subpoena or permits the	7149
individual to withhold the testimony or evidence in issue;	7150

(21)(17) Failure to maintain a license as a radiographer	7151
under Chapter 4773. of the Revised Code;	7152

(22)(18) Failure to maintain certification as a registered	7153
radiologist assistant from the American registry of radiologic	7154
technologists, including revocation by the registry of the	7155
assistant's certification or failure by the assistant to meet the	7156
registry's requirements for annual registration, or failure to	7157
notify the board that the certification as a registered	7158
radiologist assistant has not been maintained;	7159

(23)(19) Failure to comply with any of the rules of ethics	7160
included in the standards of ethics established by the American	7161
registry of radiologic technologists, as those rules apply to an	7162
individual who holds the registry's certification as a registered	7163
radiologist assistant.	7164

(C) Disciplinary actions taken by the board under divisions	7165
(A) and (B) of this section shall be taken pursuant to an	7166
adjudication under Chapter 119. of the Revised Code, except that	7167
in lieu of an adjudication, the board may enter into a consent	7168
agreement with a radiologist assistant or applicant to resolve an	7169
allegation of a violation of this chapter or any rule adopted	7170
under it. A consent agreement, when ratified by an affirmative	7171
vote of not fewer than six members of the board, shall constitute	7172
the findings and order of the board with respect to the matter	7173
addressed in the agreement. If the board refuses to ratify a	7174
consent agreement, the admissions and findings contained in the	7175
consent agreement shall be of no force or effect.	7176

(D) For purposes of divisionsdivision (B)(11), (14), and	7177
(15) of this section, the commission of the act may be	7178
established by a finding by the board, pursuant to an	7179
adjudication under Chapter 119. of the Revised Code, that the	7180
applicant or certificate holder committed the act in question.	7181
The board shall have no jurisdiction under these divisionsthat	7182
division in cases where the trial court renders a final judgment	7183
in the certificate holder's favor and that judgment is based upon	7184
an adjudication on the merits. The board shall have jurisdiction	7185
under these divisionsthat division in cases where the trial	7186
court issues an order of dismissal on technical or procedural	7187
grounds.	7188

(E) The sealing of conviction records by any court shall have	7189
no effect on a prior board order entered under the provisions of	7190
this section or on the board's jurisdiction to take action under	7191
the provisions of this section if, based upon a plea of guilty, a	7192
judicial finding of guilt, or a judicial finding of eligibility	7193
for intervention in lieu of conviction, the board issued a notice	7194
of opportunity for a hearing prior to the court's order to seal	7195
the records. The board shall not be required to seal, destroy,	7196
redact, or otherwise modify its records to reflect the court's	7197
sealing of conviction records.	7198

(F) For purposes of this division, any individual who holds a	7199
certificate to practice as a radiologist assistant issued under	7200
this chapter, or applies for a certificate to practice, shall be	7201
deemed to have given consent to submit to a mental or physical	7202
examination when directed to do so in writing by the board and to	7203
have waived all objections to the admissibility of testimony or	7204
examination reports that constitute a privileged communication.	7205

(1) In enforcing division (B)(5) of this section, the board,	7206
on a showing of a possible violation, may compel any individual	7207
who holds a certificate to practice as a radiologist assistant	7208
issued under this chapter or who has applied for a certificate to	7209
practice to submit to a mental or physical examination, or both.	7210
A physical examination may include an HIV test. The expense of	7211
the examination is the responsibility of the individual compelled	7212
to be examined. Failure to submit to a mental or physical	7213
examination or consent to an HIV test ordered by the board	7214
constitutes an admission of the allegations against the	7215
individual unless the failure is due to circumstances beyond the	7216
individual's control, and a default and final order may be entered	7217
without the taking of testimony or presentation of evidence. If	7218
the board finds a radiologist assistant unable to practice because	7219
of the reasons set forth in division (B)(5) of this section, the	7220
board shall require the radiologist assistant to submit to care,	7221
counseling, or treatment by physicians approved or designated by	7222
the board, as a condition for an initial, continued, reinstated,	7223
or renewed certificate to practice. An individual affected by	7224
this division shall be afforded an opportunity to demonstrate to	7225
the board the ability to resume practicing in compliance with	7226
acceptable and prevailing standards of care.	7227

(2) For purposes of division (B)(6) of this section, if the	7228
board has reason to believe that any individual who holds a	7229
certificate to practice as a radiologist assistant issued under	7230
this chapter or any applicant for a certificate to practice	7231
suffers such impairment, the board may compel the individual to	7232
submit to a mental or physical examination, or both. The expense	7233
of the examination is the responsibility of the individual	7234
compelled to be examined. Any mental or physical examination	7235
required under this division shall be undertaken by a treatment	7236
provider or physician qualified to conduct such examination and	7237
chosen by the board.	7238

Failure to submit to a mental or physical examination ordered	7239
by the board constitutes an admission of the allegations against	7240
the individual unless the failure is due to circumstances beyond	7241
the individual's control, and a default and final order may be	7242
entered without the taking of testimony or presentation of	7243
evidence. If the board determines that the individual's ability to	7244
practice is impaired, the board shall suspend the individual's	7245
certificate or deny the individual's application and shall require	7246
the individual, as a condition for an initial, continued,	7247
reinstated, or renewed certificate to practice, to submit to	7248
treatment.	7249

Before being eligible to apply for reinstatement of a	7250
certificate suspended under this division, the radiologist	7251
assistant shall demonstrate to the board the ability to resume	7252
practice in compliance with acceptable and prevailing standards of	7253
care. The demonstration shall include the following:	7254

(a) Certification from a treatment provider approved under	7255
section 4731.25 of the Revised Code that the individual has	7256
successfully completed any required inpatient treatment;	7257

(b) Evidence of continuing full compliance with an aftercare	7258
contract or consent agreement;	7259

(c) Two written reports indicating that the individual's	7260
ability to practice has been assessed and that the individual has	7261
been found capable of practicing according to acceptable and	7262
prevailing standards of care. The reports shall be made by	7263
individuals or providers approved by the board for making such	7264
assessments and shall describe the basis for their determination.	7265

The board may reinstate a certificate suspended under this	7266
division after such demonstration and after the individual has	7267
entered into a written consent agreement.	7268

When the impaired radiologist assistant resumes practice, the	7269
board shall require continued monitoring of the radiologist	7270
assistant. The monitoring shall include monitoring of compliance	7271
with the written consent agreement entered into before	7272
reinstatement or with conditions imposed by board order after a	7273
hearing, and, on termination of the consent agreement, submission	7274
to the board for at least two years of annual written progress	7275
reports made under penalty of falsification stating whether the	7276
radiologist assistant has maintained sobriety.	7277

(G) If the secretary and supervising member determine that	7278
there is clear and convincing evidence that a radiologist	7279
assistant has violated division (B) of this section and that the	7280
individual's continued practice presents a danger of immediate and	7281
serious harm to the public, they may recommend that the board	7282
suspend the individual's certificate to practice without a prior	7283
hearing. Written allegations shall be prepared for consideration	7284
by the board.	7285

The board, on review of the allegations and by an affirmative	7286
vote of not fewer than six of its members, excluding the secretary	7287
and supervising member, may suspend a certificate without a prior	7288
hearing. A telephone conference call may be utilized for reviewing	7289
the allegations and taking the vote on the summary suspension.	7290

The board shall issue a written order of suspension by	7291
certified mail or in person in accordance with section 119.07 of	7292
the Revised Code. The order shall not be subject to suspension by	7293
the court during pendency of any appeal filed under section 119.12	7294
of the Revised Code. If the radiologist assistant requests an	7295
adjudicatory hearing by the board, the date set for the hearing	7296
shall be within fifteen days, but not earlier than seven days,	7297
after the radiologist assistant requests the hearing, unless	7298
otherwise agreed to by both the board and the certificate holder.	7299

A summary suspension imposed under this division shall remain	7300
in effect, unless reversed on appeal, until a final adjudicative	7301
order issued by the board pursuant to this section and Chapter	7302
119. of the Revised Code becomes effective. The board shall issue	7303
its final adjudicative order within sixty days after completion of	7304
its hearing. Failure to issue the order within sixty days shall	7305
result in dissolution of the summary suspension order, but shall	7306
not invalidate any subsequent, final adjudicative order.	7307

(H) If the board takes action under division (B)(10), (12),	7308
or (13) of this section, and the judicial finding of guilt, guilty	7309
plea, or judicial finding of eligibility for intervention in lieu	7310
of conviction is overturned on appeal, on exhaustion of the	7311
criminal appeal, a petition for reconsideration of the order may	7312
be filed with the board along with appropriate court documents. On	7313
receipt of a petition and supporting court documents, the board	7314
shall reinstate the certificate to practice as a radiologist	7315
assistant. The board may then hold an adjudication under Chapter	7316
119. of the Revised Code to determine whether the individual	7317
committed the act in question. Notice of opportunity for hearing	7318
shall be given in accordance with Chapter 119. of the Revised	7319
Code. If the board finds, pursuant to an adjudication held under	7320
this division, that the individual committed the act, or if no	7321
hearing is requested, it may order any of the sanctions specified	7322
in division (B) of this section.	7323

(I) The certificate to practice of a radiologist assistant	7324
and the assistant's practice in this state are automatically	7325
suspended as of the date the radiologist assistant pleads guilty	7326
to, is found by a judge or jury to be guilty of, or is subject to	7327
a judicial finding of eligibility for intervention in lieu of	7328
conviction in this state or treatment of intervention in lieu of	7329
conviction in another jurisdiction for any of the following	7330
criminal offenses in this state or a substantially equivalent	7331
criminal offense in another jurisdiction: aggravated murder,	7332
murder, voluntary manslaughter, felonious assault, kidnapping,	7333
rape, sexual battery, gross sexual imposition, aggravated arson,	7334
aggravated robbery, or aggravated burglary. Continued practice	7335
after the suspension shall be considered practicing without a	7336
certificate.	7337

The board shall notify the individual subject to the	7338
suspension by certified mail or in person in accordance with	7339
section 119.07 of the Revised Code. If an individual whose	7340
certificate is suspended under this division fails to make a	7341
timely request for an adjudication under Chapter 119. of the	7342
Revised Code, the board shall enter a final order permanently	7343
revoking the individual's certificate to practice.	7344

(J) In any instance in which the board is required by Chapter	7345
119. of the Revised Code to give notice of opportunity for hearing	7346
and the individual subject to the notice does not timely request a	7347
hearing in accordance with section 119.07 of the Revised Code, the	7348
board is not required to hold a hearing, but may adopt, by an	7349
affirmative vote of not fewer than six of its members, a final	7350
order that contains the board's findings. In the final order, the	7351
board may order any of the sanctions identified under division (A)	7352
or (B) of this section.	7353

(K) Any action taken by the board under division (B) of this	7354
section resulting in a suspension shall be accompanied by a	7355
written statement of the conditions under which the radiologist	7356
assistant's certificate may be reinstated. The board shall adopt	7357
rules in accordance with Chapter 119. of the Revised Code	7358
governing conditions to be imposed for reinstatement.	7359
Reinstatement of a certificate suspended pursuant to division (B)	7360
of this section requires an affirmative vote of not fewer than six	7361
members of the board.	7362

(L) When the board refuses to grant a certificate to practice	7363
as a radiologist assistant to an applicant, revokes an	7364
individual's certificate, refuses to renew a certificate, or	7365
refuses to reinstate an individual's certificate, the board may	7366
specify that its action is permanent. An individual subject to a	7367
permanent action taken by the board is forever thereafter	7368
ineligible to hold a certificate to practice as a radiologist	7369
assistant and the board shall not accept an application for	7370
reinstatement of the certificate or for issuance of a new	7371
certificate.	7372

(M) Notwithstanding any other provision of the Revised Code,	7373
all of the following apply:	7374

(1) The surrender of a certificate to practice as a	7375
radiologist assistant issued under this chapter is not effective	7376
unless or until accepted by the board. Reinstatement of a	7377
certificate surrendered to the board requires an affirmative vote	7378
of not fewer than six members of the board.	7379

(2) An application made under this chapter for a certificate	7380
to practice may not be withdrawn without approval of the board.	7381

(3) Failure by an individual to renew a certificate to	7382
practice in accordance with section 4774.06 of the Revised Code	7383
shall not remove or limit the board's jurisdiction to take	7384
disciplinary action under this section against the individual.	7385

(N) As used in this section, a "criminal offense that is	7386
substantially related" has the same meaning as in section 4743.06	7387
of the Revised Code.	7388

Sec. 4779.28.  (A) The board may, pursuant to an adjudication	7389
under Chapter 119. of the Revised Code and by a vote of not fewer	7390
than four of its members, limit, revoke, or suspend a license	7391
issued under this chapter, refuse to issue a license to an	7392
applicant, or reprimand or place on probation a license holder for	7393
any of the following reasons:	7394

(1) Conviction of, or a plea of guilty to, a misdemeanor or	7395
felony involving moral turpitudecriminal offense that is	7396
substantially related to the practice of orthotics, prosthetics,	7397
or pedorthics;	7398

(2) Any violation of this chapter;

7399

(3) Committing fraud, misrepresentation, or deception in	7400
applying for or securing a license issued under this chapter;	7401

(4) Habitual use of drugs or intoxicants to the extent that	7402
it renders the person unfit to practice;	7403

(5) Violation of any rule adopted by the board under section	7404
4779.08 of the Revised Code;	7405

(6) A departure from, or failure to conform to, minimal	7406
standards of care of similar orthotists, prosthetists,	7407
orthotists-prosthetists, or pedorthists under the same or similar	7408
circumstances, regardless of whether actual injury to a patient is	7409
established;	7410

(7) Obtaining or attempting to obtain money or anything of	7411
value by fraudulent misrepresentation in the course of practice;	7412

(8) Publishing a false, fraudulent, deceptive, or misleading	7413
statement;	7414

(9) Waiving the payment of all or part of a deductible or	7415
copayment that a patient, pursuant to a health insurance or health	7416
care policy, contract, or plan, would otherwise be required to	7417
pay, if the waiver is used as an enticement to a patient or group	7418
of patients to receive health care services from a person who	7419
holds a license issued under this chapter;	7420

(10) Advertising that a person who holds a license issued	7421
under this chapter will waive the payment of all or part of a	7422
deductible or copayment that a patient, pursuant to a health	7423
insurance or health care policy, contract, or plan, that covers	7424
the person's services, would otherwise be required to pay.	7425

(B) For the purpose of investigating whether a person is	7426
engaging or has engaged in conduct described in division (A) of	7427
this section, the board may administer oaths, order the taking of	7428
depositions, issue subpoenas, examine witnesses, and compel the	7429
attendance of witnesses and production of books, accounts, papers,	7430
records, documents, and testimony.	7431

(C) As used in this section, a "criminal offense that is	7432
substantially related" has the same meaning as in section 4743.06	7433
of the Revised Code.	7434

Sec. 4781.09. (A) The manufactured homes commission may deny,	7435
suspend, revoke, or refuse to renew the license of any	7436
manufactured home installer for any of the following reasons:	7437

(1) Failure to satisfy the requirements of section 4781.08 or	7438
4781.10 of the Revised Code;	7439

(2) Violation of this chapter or any rule adopted pursuant to	7440
it;	7441

(3) Making a material misstatement in an application for a	7442
license;	7443

(4) Installing manufactured housing without a license or	7444
without being under the supervision of a licensed manufactured	7445
housing installer;	7446

(5) Failure to appear for a hearing before the commission or	7447
to comply with any final adjudication order of the commission	7448
issued pursuant to this chapter;	7449

(6) Conviction of a felony or a crime involving moral	7450
turpitudeor plea of guilty to a criminal offense that is	7451
substantially related to practice as a manufactured home	7452
installer;	7453

(7) Having had a license revoked, suspended, or denied by the	7454
commission during the preceding two years;	7455

(8) Having had a license revoked, suspended, or denied by	7456
another state or jurisdiction during the preceding two years;	7457

(9) Engaging in conduct in another state or jurisdiction that	7458
would violate this chapter if committed in this state.	7459

(10) Failing to provide written notification of an	7460
installation pursuant to division (D) of section 4781.11 of the	7461
Revised Code to a county treasurer or county auditor.	7462

(B)(1) Any person whose license or license application is	7463
revoked, suspended, denied, or not renewed or upon whom a civil	7464
penalty is imposed pursuant to division (C) of this section may	7465
request an adjudication hearing on the matter within thirty days	7466
after receipt of the notice of the action. The hearing shall be	7467
held in accordance with Chapter 119. of the Revised Code.	7468

(2) Any licensee or applicant may appeal an order made	7469
pursuant to an adjudication hearing in the manner provided in	7470
section 119.12 of the Revised Code.	7471

(C) As an alternative to suspending, revoking, or refusing to	7472
renew a manufactured housing installer'sinstaller license, the	7473
commission may impose a civil penalty of not less than one hundred	7474
dollars or more than five hundred dollars per violation of this	7475
chapter or any rule adopted pursuant to it. The commission shall	7476
deposit penalties in the occupational licensing and regulatory	7477
fund pursuant to section 4743.05 of the Revised Code.	7478

(D) A person whose license is suspended, revoked, or not	7479
renewed may apply for a new license two years after the date on	7480
which the license was suspended, revoked, or not renewed.	7481

(E) As used in this section, a "criminal offense that is	7482
substantially related" has the same meaning as in section 4743.06	7483
of the Revised Code.	7484

Section 2. That existing sections 3923.233, 3923.301,	7485
4701.16, 4703.15, 4707.02, 4707.15, 4709.13, 4712.03, 4715.30,	7486
4717.14, 4719.03, 4723.07, 4723.28, 4723.34, 4725.19, 4725.53,	7487
4727.15, 4728.13, 4729.16, 4729.53, 4729.56, 4730.25, 4731.22,	7488
4731.224, 4731.225, 4731.226, 4731.25, 4732.17, 4733.20, 4734.31,	7489
4734.39, 4735.07, 4735.09, 4735.13, 4735.18, 4735.27, 4735.28,	7490
4738.04, 4738.07, 4738.12, 4738.18, 4740.06, 4740.10, 4741.22,	7491
4747.12, 4749.03, 4749.04, 4749.06, 4751.10, 4753.10, 4755.11,	7492
4755.47, 4755.64, 4757.36, 4758.30, 4759.07, 4760.13, 4761.09,	7493
4762.13, 4763.11, 4765.18, 4765.301, 4774.13, 4779.28, and	7494
4781.09 of the Revised Code are hereby repealed.	7495

Section 3. Sections 3923.233, 3923.301, 4701.16, 4703.15,	7496
4707.02, 4707.15, 4709.13, 4712.03, 4715.30, 4717.14, 4719.03,	7497
4723.07, 4723.28, 4723.34, 4725.19, 4725.53, 4727.15, 4728.13,	7498
4729.16, 4729.53, 4729.56, 4730.25, 4731.22, 4731.224, 4731.225,	7499
4731.226, 4731.25, 4732.17, 4733.20, 4734.31, 4734.39, 4735.07,	7500
4735.09, 4735.13, 4735.18, 4735.27, 4735.28, 4738.04, 4738.07,	7501
4738.12, 4738.18, 4740.06, 4740.10, 4741.22, 4747.12, 4749.03,	7502
4749.04, 4749.06, 4751.10, 4753.10, 4755.11, 4755.47, 4755.64,	7503
4757.36, 4758.30, 4759.07, 4760.13, 4761.09, 4762.13, 4763.11,	7504
4765.18, 4765.301, 4774.13, 4779.28, and 4781.09 of the Revised	7505
Code, as amended by this act, shall take effect ninety days after	7506
the effective date of this act.	7507