As Passed by the Senate

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 215

Representatives Letson, Mecklenborg 

Cosponsors: Representatives Hagan, Luckie, Fende, Mallory, Gardner, Lehner, Garland, Boyd, Yuko, Snitchler, Huffman, Bacon, Winburn, Amstutz, Batchelder, Beck, Belcher, Blair, Bolon, Book, Boose, Brown, Bubp, Burke, Combs, DeBose, DeGeeter, Derickson, Domenick, Dyer, Evans, Garrison, Gerberry, Goodwin, Hackett, Hall, Harris, Hite, Jordan, Lundy, McClain, McGregor, Newcomb, Oelslager, Patten, Ruhl, Sayre, Sears, Stebelton, Stewart, Uecker, Wagner, Zehringer 

Senators Morano, Smith, Fedor, Gibbs, Goodman, Harris, Hughes, Patton, Schaffer, Schiavoni, Schuring, Seitz, Wagoner, Wilson, Miller, R., Strahorn 

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A BILL

To amend sections 119.12, 4715.03, 4715.031, 4715.06,

1

4715.14, 4715.141, 4715.30, and 4753.06 and to

2

enact sections 4715.032, 4715.033, 4715.034,

3

4715.035, 4715.036, 4715.037, 4715.038, 4715.039,

4

4715.0310, 4753.091, and 5111.0211 of the Revised

5

Code and to contingently amend Section 3 of Sub.

6

H.B. 190 of the 128th General Assembly to modify

7

the laws governing investigations and hearings

8

conducted by the State Dental Board, to modify the

9

laws specifying when certain continuing education

10

requirements for dental hygienists are applicable,

11

to modify the laws governing the licensure of

12

audiologists and speech-language pathologists, to

13

modify the laws governing appeals of

14

administrative adjudications, and to specify a

15

situation in which a nursing facility is not

16

required to submit a Medicaid claim for Medicare

17

cost-sharing expenses.

18

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

Section 1. That sections 119.12, 4715.03, 4715.031, 4715.06,	19
4715.14, 4715.141, 4715.30, and 4753.06 be amended and sections	20
4715.032, 4715.033, 4715.034, 4715.035, 4715.036, 4715.037,	21
4715.038, 4715.039, 4715.0310, 4753.091, and 5111.0211 of the	22
Revised Code be enacted to read as follows:	23

Sec. 119.12.  Any party adversely affected by any order of an	24
agency issued pursuant to an adjudication denying an applicant	25
admission to an examination, or denying the issuance or renewal of	26
a license or registration of a licensee, or revoking or suspending	27
a license, or allowing the payment of a forfeiture under section	28
4301.252 of the Revised Code may appeal from the order of the	29
agency to the court of common pleas of the county in which the	30
place of business of the licensee is located or the county in	31
which the licensee is a resident, except that appeals from	32
decisions of the liquor control commission, the state medical	33
board, state chiropractic board, and board of nursing shall be to	34
the court of common pleas of Franklin county. If any party	35
appealing from the order is not a resident of and has no place of	36
business in this state, the party may appeal to the court of	37
common pleas of Franklin county.	38

Any party adversely affected by any order of an agency issued	39
pursuant to any other adjudication may appeal to the court of	40
common pleas of Franklin county, except that appeals from orders	41
of the fire marshal issued under Chapter 3737. of the Revised Code	42
may be to the court of common pleas of the county in which the	43
building of the aggrieved person is located and except that	44
appeals under division (B) of section 124.34 of the Revised Code	45
from a decision of the state personnel board of review or a	46
municipal or civil service township civil service commission shall	47
be taken to the court of common pleas of the county in which the	48
appointing authority is located or, in the case of an appeal by	49
the department of rehabilitation and correction, to the court of	50
common pleas of Franklin county.	51

This section does not apply to appeals from the department of	52
taxation.	53

Any party desiring to appeal shall file a notice of appeal	54
with the agency setting forth the order appealed from and the	55
grounds of the party's appealstating that the agency's order is	56
not supported by reliable, probative, and substantial evidence and	57
is not in accordance with law. The notice of appeal may, but need	58
not, set forth the specific grounds of the party's appeal beyond	59
the statement that the agency's order is not supported by	60
reliable, probative, and substantial evidence and is not in	61
accordance with law. A copy of theThe notice of appeal shall also	62
be filed by the appellant with the court. In filing a notice of	63
appeal with the agency or court, the notice that is filed may be	64
either the original notice or a copy of the original notice.	65
Unless otherwise provided by law relating to a particular agency,	66
notices of appeal shall be filed within fifteen days after the	67
mailing of the notice of the agency's order as provided in this	68
section. For purposes of this paragraph, an order includes a	69
determination appealed pursuant to division (C) of section 119.092	70
of the Revised Code. The amendments made to this paragraph by	71
Sub. H.B. 215 of the 128th general assembly are procedural, and	72
this paragraph as amended by those amendments shall be applied	73
retrospectively to all appeals pursuant to this paragraph filed	74
before the effective date of those amendments but not earlier than	75
May 7, 2009, which was the date the supreme court of Ohio released	76
its opinion and judgment in Medcorp, Inc. v. Ohio Dep't. of Job	77
and Family Servs. (2009), 121 Ohio St.3d 622.	78

The filing of a notice of appeal shall not automatically	79
operate as a suspension of the order of an agency. If it appears	80
to the court that an unusual hardship to the appellant will result	81
from the execution of the agency's order pending determination of	82
the appeal, the court may grant a suspension and fix its terms. If	83
an appeal is taken from the judgment of the court and the court	84
has previously granted a suspension of the agency's order as	85
provided in this section, the suspension of the agency's order	86
shall not be vacated and shall be given full force and effect	87
until the matter is finally adjudicated. No renewal of a license	88
or permit shall be denied by reason of the suspended order during	89
the period of the appeal from the decision of the court of common	90
pleas. In the case of an appeal from the state medical board or	91
state chiropractic board, the court may grant a suspension and fix	92
its terms if it appears to the court that an unusual hardship to	93
the appellant will result from the execution of the agency's order	94
pending determination of the appeal and the health, safety, and	95
welfare of the public will not be threatened by suspension of the	96
order. This provision shall not be construed to limit the factors	97
the court may consider in determining whether to suspend an order	98
of any other agency pending determination of an appeal.	99

The final order of adjudication may apply to any renewal of a	100
license or permit which has been granted during the period of the	101
appeal.	102

Notwithstanding any other provision of this section, any	103
order issued by a court of common pleas or a court of appeals	104
suspending the effect of an order of the liquor control commission	105
issued pursuant to Chapter 4301. or 4303. of the Revised Code that	106
suspends, revokes, or cancels a permit issued under Chapter 4303.	107
of the Revised Code or that allows the payment of a forfeiture	108
under section 4301.252 of the Revised Code shall terminate not	109
more than six months after the date of the filing of the record of	110
the liquor control commission with the clerk of the court of	111
common pleas and shall not be extended. The court of common pleas,	112
or the court of appeals on appeal, shall render a judgment in that	113
matter within six months after the date of the filing of the	114
record of the liquor control commission with the clerk of the	115
court of common pleas. A court of appeals shall not issue an order	116
suspending the effect of an order of the liquor control commission	117
that extends beyond six months after the date on which the record	118
of the liquor control commission is filed with a court of common	119
pleas.	120

Notwithstanding any other provision of this section, any	121
order issued by a court of common pleas suspending the effect of	122
an order of the state medical board or state chiropractic board	123
that limits, revokes, suspends, places on probation, or refuses to	124
register or reinstate a certificate issued by the board or	125
reprimands the holder of the certificate shall terminate not more	126
than fifteen months after the date of the filing of a notice of	127
appeal in the court of common pleas, or upon the rendering of a	128
final decision or order in the appeal by the court of common	129
pleas, whichever occurs first.	130

Within thirty days after receipt of a notice of appeal from	131
an order in any case in which a hearing is required by sections	132
119.01 to 119.13 of the Revised Code, the agency shall prepare and	133
certify to the court a complete record of the proceedings in the	134
case. Failure of the agency to comply within the time allowed,	135
upon motion, shall cause the court to enter a finding in favor of	136
the party adversely affected. Additional time, however, may be	137
granted by the court, not to exceed thirty days, when it is shown	138
that the agency has made substantial effort to comply. The record	139
shall be prepared and transcribed, and the expense of it shall be	140
taxed as a part of the costs on the appeal. The appellant shall	141
provide security for costs satisfactory to the court of common	142
pleas. Upon demand by any interested party, the agency shall	143
furnish at the cost of the party requesting it a copy of the	144
stenographic report of testimony offered and evidence submitted at	145
any hearing and a copy of the complete record.	146

Notwithstanding any other provision of this section, any	147
party desiring to appeal an order or decision of the state	148
personnel board of review shall, at the time of filing a notice of	149
appeal with the board, provide a security deposit in an amount and	150
manner prescribed in rules that the board shall adopt in	151
accordance with this chapter. In addition, the board is not	152
required to prepare or transcribe the record of any of its	153
proceedings unless the appellant has provided the deposit	154
described above. The failure of the board to prepare or transcribe	155
a record for an appellant who has not provided a security deposit	156
shall not cause a court to enter a finding adverse to the board.	157

Unless otherwise provided by law, in the hearing of the	158
appeal, the court is confined to the record as certified to it by	159
the agency. Unless otherwise provided by law, the court may grant	160
a request for the admission of additional evidence when satisfied	161
that the additional evidence is newly discovered and could not	162
with reasonable diligence have been ascertained prior to the	163
hearing before the agency.	164

The court shall conduct a hearing on the appeal and shall	165
give preference to all proceedings under sections 119.01 to 119.13	166
of the Revised Code, over all other civil cases, irrespective of	167
the position of the proceedings on the calendar of the court. An	168
appeal from an order of the state medical board issued pursuant to	169
division (G) of either section 4730.25 or 4731.22 of the Revised	170
Code, or the state chiropractic board issued pursuant to section	171
4734.37 of the Revised Code, or the liquor control commission	172
issued pursuant to Chapter 4301. or 4303. of the Revised Code	173
shall be set down for hearing at the earliest possible time and	174
takes precedence over all other actions. The hearing in the court	175
of common pleas shall proceed as in the trial of a civil action,	176
and the court shall determine the rights of the parties in	177
accordance with the laws applicable to a civil action. At the	178
hearing, counsel may be heard on oral argument, briefs may be	179
submitted, and evidence may be introduced if the court has granted	180
a request for the presentation of additional evidence.	181

The court may affirm the order of the agency complained of in	182
the appeal if it finds, upon consideration of the entire record	183
and any additional evidence the court has admitted, that the order	184
is supported by reliable, probative, and substantial evidence and	185
is in accordance with law. In the absence of this finding, it may	186
reverse, vacate, or modify the order or make such other ruling as	187
is supported by reliable, probative, and substantial evidence and	188
is in accordance with law. The court shall award compensation for	189
fees in accordance with section 2335.39 of the Revised Code to a	190
prevailing party, other than an agency, in an appeal filed	191
pursuant to this section.	192

The judgment of the court shall be final and conclusive	193
unless reversed, vacated, or modified on appeal. These appeals may	194
be taken either by the party or the agency, shall proceed as in	195
the case of appeals in civil actions, and shall be pursuant to the	196
Rules of Appellate Procedure and, to the extent not in conflict	197
with those rules, Chapter 2505. of the Revised Code. An appeal by	198
the agency shall be taken on questions of law relating to the	199
constitutionality, construction, or interpretation of statutes and	200
rules of the agency, and, in the appeal, the court may also review	201
and determine the correctness of the judgment of the court of	202
common pleas that the order of the agency is not supported by any	203
reliable, probative, and substantial evidence in the entire	204
record.	205

The court shall certify its judgment to the agency or take	206
any other action necessary to give its judgment effect.	207

Sec. 4715.03.  (A) The state dental board shall organize by	208
the electionelecting from its members of a president and a,	209
secretary, and vice-secretary. The secretary and vice-secretary	210
shall be elected from the members of the board who are dentists.	211
It shall hold meetings monthly at least eight months a year at	212
such times and places as the board designates. A majority of the	213
members of the board shall constitute a quorum. The board shall	214
make such reasonable rules as it determines necessary pursuant to	215
Chapter 119. of the Revised Code.	216

(B) A concurrence of a majority of the members of the board	217
shall be required to grant,do any of the following:	218

(1) Grant, refuse, suspend, place on probationary status,	219
revoke, refuse to renew, or refuse to reinstate a license or	220
censure a license holder or take any other action authorized under	221
section 4715.30 of the Revised Code;	222

(2) Seek an injunction under section 4715.05 of the Revised	223
Code;	224

(3) Enter into a consent agreement with a license holder;

225

(4) If the board develops and implements the quality	226
intervention program under section 4715.031 of the Revised Code,	227
refer a license holder to the program;	228

(5) Terminate an investigation conducted under division (D)	229
of this section;	230

(6) Dismiss any complaint filed with the board.

231

(C)(1) The board shall adopt rules establishingin accordance	232
with Chapter 119. of the Revised Code to do both of the following:	233

(a) Establish standards for the safe practice of dentistry	234
and dental hygiene by qualified practitioners and shall, through	235
its policies and activities, promote such practice.;	236

The board shall adopt rules in accordance with Chapter 119.	237
of the Revised Code establishing(b) Establish universal blood and	238
body fluid precautions that shall be used by each person licensed	239
under this chapter who performs exposure prone invasive	240
procedures. The	241

(2) The rules adopted under division (C)(1)(b) of this	242
section shall define and establish requirements for universal	243
blood and body fluid precautions that include the following:	244

(1)(a) Appropriate use of hand washing;

245

(2)(b) Disinfection and sterilization of equipment;

246

(3)(c) Handling and disposal of needles and other sharp	247
instruments;	248

(4)(d) Wearing and disposal of gloves and other protective	249
garments and devices.	250

(D) The board shall administer and enforce the provisions of	251
this chapter. The board shall, in accordance with sections	252
4715.032 to 4715.035 of the Revised Code, investigate evidence	253
which appears to show that any person has violated any provision	254
of this chapter. Any person may report to the board under oath any	255
information such person may have appearing to show a violation of	256
any provision of this chapter. In the absence of bad faith, any	257
person who reports such information or who testifies before the	258
board in any disciplinary proceeding conducted pursuant to Chapter	259
119. of the Revised Code is not liable for civil damages as a	260
result of making the report or providing testimony. If after	261
investigation and reviewing the recommendation of the supervisory	262
investigative panel issued pursuant to section 4715.034 of the	263
Revised Code the board determines that there are reasonable	264
grounds to believe that a violation of this chapter has occurred,	265
the board shall, except as provided in this chapter, conduct	266
disciplinary proceedings pursuant to Chapter 119. of the Revised	267
Code, seek an injunction under section 4715.05 of the Revised	268
Code, enter into a consent agreement with a license holder, or	269
provide for a license holder to participate in the quality	270
intervention program established under section 4715.031 of the	271
Revised Code if the board develops and implements that program.	272
The board shall not dismiss any complaint or terminate any	273
investigation except by a majority vote of its members. For	274

For the purpose of any disciplinary proceeding or any	275
investigation conducted under this division, the board may	276
administer oaths, order the taking of depositions, issue subpoenas	277
in accordance with section 4715.033 of the Revised Code, compel	278
the attendance and testimony of persons at depositions, and compel	279
the production of books, accounts, papers, documents, or other	280
tangible things. The hearings and investigations of the board	281
shall be considered civil actions for the purposes of section	282
2305.252 of the Revised Code. Notwithstanding section 121.22 of	283
the Revised Code and except as provided in section 4715.036 of the	284
Revised Code, proceedings of the board relative to the	285
investigation of a complaint or the determination whether there	286
are reasonable grounds to believe that a violation of this chapter	287
has occurred are confidential and are not subject to discovery in	288
any civil action.	289

(E)(1) The board shall examine or cause to be examined	290
eligible applicants to practice dental hygiene. The board may	291
distinguish by rule different classes of qualified personnel	292
according to skill levels and require all or only certain of these	293
classes of qualified personnel to be examined and certified by the	294
board.	295

(2) The board shall administer a written jurisprudence	296
examination to each applicant for a license to practice dentistry.	297
The examination shall cover only the statutes and administrative	298
rules governing the practice of dentistry in this state.	299

(F) In accordance with Chapter 119. of the Revised Code, the	300
board shall adopt, and may amend or rescind, rules establishing	301
the eligibility criteria, the application and permit renewal	302
procedures, and safety standards applicable to a dentist licensed	303
under this chapter who applies for a permit to employ or use	304
conscious intravenous sedation. These rules shall include all of	305
the following:	306

(1) The eligibility requirements and application procedures	307
for an eligible dentist to obtain a conscious intravenous sedation	308
permit;	309

(2) The minimum educational and clinical training standards	310
required of applicants, which shall include satisfactory	311
completion of an advanced cardiac life support course;	312

(3) The facility equipment and inspection requirements;

313

(4) Safety standards;

314

(5) Requirements for reporting adverse occurrences.

315

Sec. 4715.031.  (A) The state dental board shallmay develop	316
and implement a quality intervention program. The board may	317
propose that the holder of a license issued by the board	318
participate in the program if the board determines pursuant to an	319
investigation conducted under section 4715.03 of the Revised Code	320
that there are reasonable grounds to believe the license holder	321
has violated a provision of this chapter due to a clinical or	322
communication problem that could be improved through participation	323
in the program and determines that the license holder's	324
participation in the program is appropriate. The board shall refer	325
a license holder who agrees to participate in the program to an	326
educational and assessment service provider selected by the board.	327

The(B) If the board develops and implements a quality	328
intervention program, all of the following apply:	329

(1) The board shall select, by a concurrence of a majority of	330
the board's members, educational and assessment service providers,	331
which may include quality intervention program panels of case	332
reviewers. A provider selected by the board to provide services to	333
a license holder shall recommend to the board the educational and	334
assessment services the license holder should receive under the	335
program. The license holder may begin participation in the program	336
if the board approves the services the provider recommends. The	337
license holder shall not be required to participate in the program	338
beyond one hundred eighty days from the date the license holder	339
agrees to participate in the program under this division. The	340
license holder shall pay the amounts charged by the provider for	341
the services.	342

(2) The board shall monitor a license holder's progress in	343
the program and determine whether the license holder has	344
successfully completed the program. If the board determines that	345
the license holder has successfully completed the program, it may	346
continue to monitor the license holder, take other action it	347
considers appropriate, or both. The additional monitoring, other	348
action taken by the board, or both, shall not continue beyond one	349
year from the date the license holder agrees to participate in the	350
program under this division. If the board determines that the	351
license holder has not successfully completed the program, it	352
shall, as soon as possible thereafter, commence disciplinary	353
proceedings against the license holder under section 4715.03 of	354
the Revised Code.	355

(3) The board shall elect, from the board's members who are	356
dentists, a coordinator to administer the quality intervention	357
program.	358

(C) The board may adopt rules in accordance with Chapter 119.	359
of the Revised Code to further implement the quality intervention	360
program.	361

Sec. 4715.032.  There is hereby created the supervisory	362
investigative panel of the state dental board. The supervisory	363
investigative panel shall consist solely of the board's secretary	364
and vice-secretary. The supervisory investigative panel shall	365
supervise all of the board's investigations.	366

Sec. 4715.033.  (A) All subpoenas the state dental board	367
seeks to issue with respect to an investigation shall, subject to	368
division (B) of this section, be authorized by the supervisory	369
investigative panel.	370

(B) Before the supervisory investigative panel authorizes the	371
board to issue a subpoena, the panel shall consult with the office	372
of the attorney general and determine whether there is probable	373
cause to believe that the complaint filed alleges a violation of	374
this chapter or any rule adopted under it and that the information	375
sought pursuant to the subpoena is relevant to the alleged	376
violation and material to the investigation.	377

(C)(1) Any subpoena to compel the production of records that	378
the board issues after authorization by the supervisory	379
investigative panel shall pertain to records that cover a	380
reasonable period of time surrounding the alleged violation.	381

(2)(a) Except as provided in division (C)(2)(b) of this	382
section, the subpoena shall state that the person being subpoenaed	383
has a reasonable period of time that is not less than three	384
calendar days to comply with the subpoena.	385

(b) If the board's secretary determines that the person being	386
subpoenaed represents a clear and immediate danger to the public	387
health and safety, the subpoena shall state that the person being	388
subpoenaed must immediately comply with the subpoena.	389

(D) On a person's failure to comply with a subpoena issued by	390
the board and after reasonable notice to that person of the	391
failure, the board may move for an order compelling the production	392
of persons or records pursuant to the Rules of Civil Procedure.	393

Sec. 4715.034.  (A) At any time during an investigation, the	394
supervisory investigative panel may ask to meet with the	395
individual who is the subject of the investigation. At the	396
conclusion of the investigation, the panel shall recommend that	397
the state dental board do one of the following:	398

(1) Pursue disciplinary action under section 4715.30 of the	399
Revised Code;	400

(2) Seek an injunction under section 4715.05 of the Revised	401
Code;	402

(3) Enter into a consent agreement if the subject of the	403
investigation is a licensee;	404

(4) Refer the individual to the quality intervention program,	405
if that program is developed and implemented under section	406
4715.031 of the Revised Code and the subject of the investigation	407
is a licensee;	408

(5) Terminate the investigation.

409

(B) The supervisory investigative panel's recommendation	410
shall be in writing and specify the reasons for the	411
recommendation. Except as provided in section 4715.035 of the	412
Revised Code, the panel shall make its recommendation not later	413
than one year after the date the panel begins to supervise the	414
investigation or, if the investigation pertains to an alleged	415
violation of division (A)(7) of section 4715.30 of the Revised	416
Code, not later than two years after the panel begins to supervise	417
the investigation.	418

Once the panel makes its recommendation, the members of the	419
panel shall not participate in any deliberations the board has on	420
the case.	421

Sec. 4715.035. Both of the following periods of time shall	422
not be counted for purposes of determining the time within which	423
the supervisory investigative panel is required to make its	424
recommendation to the state dental board under section 4715.034 of	425
the Revised Code:	426

(A) The period during which the panel suspends the	427
investigation of an individual because the individual is also the	428
subject of a criminal investigation and the panel is asked to do	429
so by the entity conducting the criminal investigation or the	430
panel determines it is necessary to do so as a result of the	431
criminal investigation.	432

(B) The period beginning when the board moves for an order	433
compelling the production of persons or records, as permitted by	434
division (D) of section 4715.033 of the Revised Code, and ending	435
when either of the following occurs:	436

(1) The court renders a decision not to issue the order.

437

(2) The court renders a decision to issue the order and the	438
person subject to the order produces the persons or records.	439

Sec. 4715.036.  (A) As used in this section:

440

(1) "Personal identifying information" has the same meaning	441
as in section 2913.49 of the Revised Code.	442

(2) "Confidential law enforcement investigatory record" has	443
the same meaning as in section 149.43 of the Revised Code, except	444
that it excludes information provided by an information source or	445
witness to whom confidentiality has been reasonably promised,	446
which information would reasonably tend to disclose the source's	447
or witness's identity.	448

(B) If the state dental board notifies an applicant, license	449
holder, or other individual of an opportunity for a hearing	450
pursuant to section 119.07 of the Revised Code, the board shall	451
state in the notice that the individual is entitled to receive at	452
least sixty days before the hearing, on the individual's request	453
and as described in division (C) of this section, one copy of each	454
item the board procures or creates in the course of its	455
investigation on the individual. Such items may include, but are	456
not limited to, the one or more complaints filed with the board;	457
correspondence, reports, and statements; deposition transcripts;	458
and patient dental records.	459

(C) On receipt of a request for copies of investigative items	460
from an individual who is notified under division (B) of this	461
section of an opportunity for a hearing, the board shall provide	462
the copies to the individual in accordance with, and subject to,	463
all of the following:	464

(1) The board shall provide the copies in a timely manner.

465

(2) The board may charge a fee for providing the copies, but	466
the amount of the fee shall be set at a reasonable cost to the	467
individual.	468

(3) Before providing the copies, the board shall determine	469
whether the investigative items contain any personal identifying	470
information regarding a complainant. If the board determines that	471
the investigative items contain such personal identifying	472
information, or any other information that would reveal the	473
complainant's identity, the board shall redact the information	474
from the copies it provides to the individual.	475

(4) The board shall not provide either of the following:

476

(a) Any information that is subject to the attorney-client	477
privilege or work product doctrine, or that would reveal the	478
investigatory processes or methods of investigation used by the	479
board;	480

(b) Any information that would constitute a confidential law	481
enforcement investigatory record.	482

(D) If a request for copies of investigative items is made	483
pursuant to this section, the board in its scheduling of a hearing	484
for the individual shall, notwithstanding section 119.07 of the	485
Revised Code, schedule the hearing for a date that is at least	486
sixty-one days after the board provides the individual with the	487
copies of the items.	488

(E)(1) After the board notifies an individual of an	489
opportunity for a hearing, the individual may ask the board to	490
issue either or both of the following:	491

(a) A subpoena to compel the attendance and testimony of any	492
witness at the hearing;	493

(b) A subpoena for the production of books, records, papers,	494
or other tangible items.	495

(2) On receipt of an individual's request under division	496
(E)(1) of this section, the board shall issue the subpoena.	497

In the case of a subpoena for the production of books,	498
records, papers, or other tangible items, the person or government	499
entity subject to the subpoena shall comply with the subpoena at	500
least thirty days prior to the date the individual's hearing is	501
scheduled to be held.	502

Sec. 4715.037.  (A) Notwithstanding the permissive nature of	503
hearing referee or examiner appointments under section 119.09 of	504
the Revised Code, the state dental board shall appoint, by a	505
concurrence of a majority of its members, three referees or	506
examiners to conduct the hearings the board is required to hold	507
pursuant to sections 119.01 to 119.13 of the Revised Code.	508
Referees or examiners appointed under this section shall be	509
attorneys who have been admitted to the practice of law in this	510
state. In making the appointments, the board shall not appoint an	511
attorney who is a board employee or represents the board in any	512
other manner.	513

(B)(1) Referees or examiners appointed under this section	514
shall serve not more than the following number of consecutive	515
one-year terms:	516

(a) In the case of the first initial appointee, three;

517

(b) In the case of the second initial appointee, four;

518

(c) In the case of the third initial appointee and all	519
successor appointees, five.	520

(2) The board may not refuse to reappoint a referee or	521
examiner before the referee or examiner has served the maximum	522
number of terms applicable to the referee or examiner unless the	523
referee or examiner does not seek to serve the maximum number of	524
terms or the board, by a concurrence of a majority of its members,	525
determines there is cause not to reappoint the referee or	526
examiner.	527

(C) The board shall assign one referee or examiner appointed	528
under this section to conduct each hearing. Assignments shall be	529
made in the order the board receives requests for hearings without	530
regard to the experience or background of a particular referee or	531
examiner or the consideration of any factor other than whether the	532
referee or examiner is available at the appropriate time.	533

Sec. 4715.038. A hearing referee or examiner assigned to	534
conduct a hearing pursuant to section 4715.037 of the Revised Code	535
shall hear and consider the oral and documented evidence	536
introduced by the parties during the hearing. Not later than	537
thirty days following the close of the hearing, the referee or	538
examiner shall issue to the state dental board, in writing,	539
proposed findings of fact and conclusions of law. Along with the	540
proposed findings of fact and conclusions of law, the board shall	541
be given copies of the record of the hearing and all exhibits and	542
documents presented by the parties at the hearing.	543

Sec. 4715.039.  Prior to the state dental board's decision of	544
a case, the board shall allow the parties or their counsel an	545
opportunity to present oral arguments on the proposed findings of	546
fact and conclusions of law issued by the hearing referee or	547
examiner under section 4715.038 of the Revised Code. Not later	548
than sixty days following the board's receipt of the proposed	549
findings of fact and conclusions of law, or a date mutually agreed	550
to by the board and the applicant for or holder of a certificate	551
or license issued under this chapter, the board shall render a	552
decision. The decision shall be in writing and contain findings of	553
fact and conclusions of law.	554

Copies of the board's decision shall be delivered to the	555
applicant, licensee, or certificate holder personally or by	556
certified mail. The board's decision shall be considered final on	557
the date personal delivery of the decision is made or the date the	558
decision is mailed.	559

An individual may appeal a decision by the board in	560
accordance with the procedure specified in Chapter 119. of the	561
Revised Code.	562

Sec. 4715.0310. A notice of opportunity for a hearing issued	563
by the state dental board pursuant to section 119.07 of the	564
Revised Code and the name of the hearing referee or examiner the	565
board assigns to a hearing pursuant to section 4715.037 of the	566
Revised Code are public records under section 149.43 of the	567
Revised Code.	568

Sec. 4715.06.  Each member of the state dental board shall	569
receive an amount fixed pursuant to division (J) of section 124.15	570
of the Revised Code for each day actually employed in the	571
discharge of the official duties of the member, and the necessary	572
expenses of the member. The secretary and vice-secretary shall	573
receive reimbursementbe reimbursed for necessary expenses	574
incurred by the secretary in the discharge of the official duties	575
of the secretary and vice-secretary, respectively. All vouchers of	576
the board shall be approved by the board president or executive	577
secretary, or both, as authorized by the board.	578

Sec. 4715.14.  (A) Each person who is licensed to practice	579
dentistry in Ohio shall, on or before the first day of January of	580
each even-numbered year, register with the state dental board. The	581
registration shall be made on a form prescribed by the board and	582
furnished by the secretary, shall include the licensee's name,	583
address, license number, and such other reasonable information as	584
the board may consider necessary, and shall include payment of a	585
biennial registration fee of two hundred forty-five dollars.	586
Except as provided in division (D)(E) of this section, this fee	587
shall be paid to the treasurer of state. All such registrations	588
Subject to division (C) of this section, a registration shall be	589
in effect for the two-year period beginning on the first day of	590
January of the even-numbered year and ending on the last day of	591
December of the following odd-numbered year, and shall be renewed	592
in accordance with the standard renewal procedure of sections	593
4745.01 to 4745.03 of the Revised Code. The failure of a licensee	594
to renew the licensee's registration in accordance with this	595
section shall result in an automatic suspension of the licensee's	596
license to practice dentistry.	597

(B) Any dentist whose license has been suspended under this	598
section may be reinstated by the payment of the biennial	599
registration fee and in addition thereto eighty-one dollars to	600
cover costs of the reinstatement; excepting that to anyA licensed	601
dentist who desires to temporarily retire from practice, and who	602
has given the board notice in writing to that effect, the board	603
shall grantbe granted such a retirement, provided only that at	604
that time all previous registration fees and additional costs of	605
reinstatement have been paid.	606

(C) Not later than the thirty-first day of January of an	607
even-numbered year, the board shall send a notice by certified	608
mail to a dentist who fails to renew a license in accordance with	609
division (A) of this section. The notice shall state all of the	610
following:	611

(1) That the board has not received the registration form and	612
fee described in that division;	613

(2) That the license shall remain valid and in good standing	614
until the first day of April following the last day of December of	615
the odd-numbered year in which the dentist was scheduled to renew	616
if the dentist remains in compliance with all other applicable	617
provisions of this chapter and any rule adopted under it;	618

(3) That the license may be renewed until the first day of	619
April following the last day of December of the odd-numbered year	620
in which the dentist was scheduled to renew by the payment of the	621
biennial registration fee and an additional fee of one hundred	622
dollars to cover the cost of late renewal;	623

(4) That unless the board receives the registration form and	624
fee before the first day of April following the last day of	625
December of the odd-numbered year in which the dentist was	626
scheduled to renew, the board may, on or after the relevant first	627
day of April, initiate disciplinary action against the dentist	628
pursuant to Chapter 119. of the Revised Code;	629

(5) That a dentist whose license has been suspended as a	630
result of disciplinary action initiated pursuant to division	631
(C)(4) of this section may be reinstated by the payment of the	632
biennial registration fee and an additional fee of three hundred	633
dollars to cover the cost of reinstatement.	634

(D) Each dentist licensed to practice, whether a resident or	635
not, shall notify the secretary in writing of any change in the	636
dentist's office address or employment within ten days after such	637
change has taken place. On the first day of July of every	638
even-numbered year, the secretary shall issue a printed roster of	639
the names and addresses so registered.	640

(D)(E) Twenty dollars of each biennial registration fee shall	641
be paid to the dentist loan repayment fund created under section	642
3702.95 of the Revised Code.	643

Sec. 4715.141.  (A) Each licensed dentist shall complete	644
biennially not less than forty hours of continuing dental	645
education, which may include, but is not limited to, attendance at	646
lectures, study clubs, college and postgraduate courses, or	647
scientific sessions of conventions, research, graduate study,	648
teaching, service as a clinician, or correspondence courses.	649
Continuing dental education programs include, but are not limited	650
to, programs that address any of the following:	651

(1) CompentencyCompetency in treating patients who are	652
medically compromised or who experience medical emergencies during	653
the course of dental treatment;	654

(2) Knowledge of pharmaceutical products and the protocol of	655
the proper use of medications;	656

(3) Competency to diagnose oral pathology;

657

(4) Awareness of currently accepted methods of infection	658
control;	659

(5) Basic medical and scientific subjects including, but not	660
limited to, biology, physiology, pathology, biochemistry, and	661
pharmacology;	662

(6) Clinical and technological subjects including, but not	663
limited to, clinical techniques and procedures, materials, and	664
equipment;	665

(7) Subjects pertinent to health and safety.

666

Dentists shall earn continuing education credits at the rate	667
of one-half credit for each twenty-five to thirty contact minutes	668
of instruction and one credit hour for each fifty to sixty contact	669
minutes of instruction.	670

(B) Programs meeting the general requirements of division (A)	671
of this section may be developed and offered to dentists by any of	672
the following agencies or organizations:	673

(1) National, state, district, or local dental associations	674
affiliated with the American dental association or national dental	675
association;	676

(2) Accredited dental colleges or schools;

677

(3) Other organizations, schools, or agencies approved by the	678
state dental board.	679

(C) Each licensed dentist shall submit to the board at the	680
time of biennial registration pursuant to section 4715.14 of the	681
Revised Code a sworn affidavit, on a form acceptable to the state	682
dental board, attesting that hethe dentist has completed	683
continuing education programs in compliance with this section and	684
listing the date, location, sponsor, subject matter, and hours	685
completed of the programs.	686

A licensed dentist shall retain in his records for a period	687
of at least three years such receipts, vouchers, or certificates	688
as may be necessary to document completion of continuing education	689
programs. With cause, the board may request such documentation	690
from licensed dentists, and the board may request such	691
documentation from licensed dentists selected at random without	692
cause.	693

(D) The board may excuse licensed dentists, as a group or as	694
individuals, from all or any part of the requirements of this	695
section because of an unusual circumstance, emergency, or special	696
hardship.	697

(E) Failure to comply with the requirements of this section	698
constitutes a failure to renew registration pursuant to section	699
4715.14 of the Revised CodeThe board shall notify a dentist who	700
fails to submit the affidavit required by division (C) of this	701
section of both of the following:	702

(1) That the board has not received the affidavit;

703

(2) That unless the board receives the affidavit before the	704
first day of April following the last day of December by which the	705
dentist was required to submit the affidavit, the board may, on or	706
after the relevant first day of April, initiate disciplinary	707
action against the dentist pursuant to Chapter 119. of the Revised	708
Code.	709

Sec. 4715.30.  (A) TheAn applicant for or holder of a	710
certificate or license issued under this chapter is subject to	711
disciplinary action by the state dental board for any of the	712
following reasons:	713

(1) Employing or cooperating in fraud or material deception	714
in applying for or obtaining a license or certificate;	715

(2) Obtaining or attempting to obtain money or anything of	716
value by intentional misrepresentation or material deception in	717
the course of practice;	718

(3) Advertising services in a false or misleading manner or	719
violating the board's rules governing time, place, and manner of	720
advertising;	721

(4) Conviction of a misdemeanor committed in the course of	722
practice or of any felony;	723

(5) Engaging in lewd or immoral conduct in connection with	724
the provision of dental services;	725

(6) Selling, prescribing, giving away, or administering drugs	726
for other than legal and legitimate therapeutic purposes, or	727
conviction of violating any law of this state or the federal	728
government regulating the possession, distribution, or use of any	729
drug;	730

(7) Providing or allowing dental hygienists, expanded	731
function dental auxiliaries, or other practitioners of auxiliary	732
dental occupations working under the certificate or license	733
holder's supervision, or a dentist holding a temporary limited	734
continuing education license under division (C) of section 4715.16	735
of the Revised Code working under the certificate or license	736
holder's direct supervision, to provide dental care that departs	737
from or fails to conform to accepted standards for the profession,	738
whether or not injury to a patient results;	739

(8) Inability to practice under accepted standards of the	740
profession because of physical or mental disability, dependence on	741
alcohol or other drugs, or excessive use of alcohol or other	742
drugs;	743

(9) Violation of any provision of this chapter or any rule	744
adopted thereunder;	745

(10) Failure to use universal blood and body fluid	746
precautions established by rules adopted under section 4715.03 of	747
the Revised Code;	748

(11) Waiving the payment of all or any part of a deductible	749
or copayment that a patient, pursuant to a health insurance or	750
health care policy, contract, or plan that covers dental services,	751
would otherwise be required to pay if the waiver is used as an	752
enticement to a patient or group of patients to receive health	753
care services from that provider.	754

(12) Advertising that the certificate or license holder will	755
waive the payment of all or any part of a deductible or copayment	756
that a patient, pursuant to a health insurance or health care	757
policy, contract, or plan that covers dental services, would	758
otherwise be required to pay.	759

(B) A manager, proprietor, operator, or conductor of a dental	760
facility shall be subject to disciplinary action if any dentist,	761
dental hygienist, expanded function dental auxiliary, or qualified	762
personnel providing services in the facility is found to have	763
committed a violation listed in division (A) of this section and	764
the manager, proprietor, operator, or conductor knew of the	765
violation and permitted it to occur on a recurring basis.	766

(C) Subject to Chapter 119. of the Revised Code, the board	767
may take one or more of the following disciplinary actions if one	768
or more of the grounds for discipline listed in divisions (A) and	769
(B) of this section exist:	770

(1) Censure the license or certificate holder;

771

(2) Place the license or certificate on probationary status	772
for such period of time the board determines necessary and require	773
the holder to:	774

(a) Report regularly to the board upon the matters which are	775
the basis of probation;	776

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

777

(c) Continue or renew professional education until a	778
satisfactory degree of knowledge or clinical competency has been	779
attained in specified areas.	780

(3) Suspend the certificate or license;

781

(4) Revoke the certificate or license.

782

Where the board places a holder of a license or certificate	783
on probationary status pursuant to division (C)(2) of this	784
section, the board may subsequently suspend or revoke the license	785
or certificate if it determines that the holder has not met the	786
requirements of the probation or continues to engage in activities	787
that constitute grounds for discipline pursuant to division (A) or	788
(B) of this section.	789

Any order suspending a license or certificate shall state the	790
conditions under which the license or certificate will be	791
restored, which may include a conditional restoration during which	792
time the holder is in a probationary status pursuant to division	793
(C)(2) of this section. The board shall restore the license or	794
certificate unconditionally when such conditions are met.	795

(D) If the physical or mental condition of an applicant or a	796
license or certificate holder is at issue in a disciplinary	797
proceeding, the board may order the license or certificate holder	798
to submit to reasonable examinations by an individual designated	799
or approved by the board and at the board's expense. The physical	800
examination may be conducted by any individual authorized by the	801
Revised Code to do so, including a physician assistant, a clinical	802
nurse specialist, a certified nurse practitioner, or a certified	803
nurse-midwife. Any written documentation of the physical	804
examination shall be completed by the individual who conducted the	805
examination.	806

Failure to comply with an order for an examination shall be	807
grounds for refusal of a license or certificate or summary	808
suspension of a license or certificate under division (E) of this	809
section.	810

(E) If the board has reason to believe that thea license or	811
certificate holder represents a clear and immediate danger to the	812
public health and safety if the holder is allowed to continue to	813
practice, or if the holder has failed to comply with an order	814
under division (D) of this section, the board may apply to the	815
court of common pleas of the county in which the holder resides	816
for an order temporarily suspending the holder's license or	817
certificate, without a prior hearing being afforded by the board,	818
until the board conducts an adjudication hearing pursuant to	819
Chapter 119. of the Revised Code. If the court temporarily	820
suspends a holder's license or certificate, the board shall give	821
written notice of the suspension personally or by certified mail	822
to the license or certificate holder. Such notice shall include	823
specific facts and reasons for finding a clear and immediate	824
danger to the public health and safety and shall inform the	825
license or certificate holder of the right to a hearing pursuant	826
to Chapter 119. of the Revised Code.	827

(F) Any holder of a certificate or license issued under this	828
chapter who has pleaded guilty to, has been convicted of, or has	829
had a judicial finding of eligibility for intervention in lieu of	830
conviction entered against the holder in this state for aggravated	831
murder, murder, voluntary manslaughter, felonious assault,	832
kidnapping, rape, sexual battery, gross sexual imposition,	833
aggravated arson, aggravated robbery, or aggravated burglary, or	834
who has pleaded guilty to, has been convicted of, or has had a	835
judicial finding of eligibility for treatment or intervention in	836
lieu of conviction entered against the holder in another	837
jurisdiction for any substantially equivalent criminal offense, is	838
automatically suspended from practice under this chapter in this	839
state and any certificate or license issued to the holder under	840
this chapter is automatically suspended, as of the date of the	841
guilty plea, conviction, or judicial finding, whether the	842
proceedings are brought in this state or another jurisdiction.	843
Continued practice by an individual after the suspension of the	844
individual's certificate or license under this division shall be	845
considered practicing without a certificate or license. The board	846
shall notify the suspended individual of the suspension of the	847
individual's certificate or license under this division by	848
certified mail or in person in accordance with section 119.07 of	849
the Revised Code. If an individual whose certificate or license is	850
suspended under this division fails to make a timely request for	851
an adjudicatory hearing, the board shall enter a final order	852
revoking the individual's certificate or license.	853

(G) Notwithstanding divisions (A)(11) and (12) of this	854
section, sanctions shall not be imposed against any licensee who	855
waives deductibles and copayments:	856

(1) In compliance with the health benefit plan that expressly	857
allows such a practice. Waiver of the deductibles or copayments	858
shall be made only with the full knowledge and consent of the plan	859
purchaser, payer, and third-party administrator. Such consent	860
shall be made available to the board upon request.	861

(2) For professional services rendered to any other person	862
licensed pursuant to this chapter to the extent allowed by this	863
chapter and the rules of the board.	864

(H) In no event shall the board consider or raise during a	865
hearing required by Chapter 119. of the Revised Code the	866
circumstances of, or the fact that the board has received, one or	867
more complaints about a person unless the one or more complaints	868
are the subject of the hearing or resulted in the board taking an	869
action authorized by this section against the person on a prior	870
occasion.	871

Sec. 4753.06.  No person is eligible for licensure as a	872
speech-language pathologist or audiologist unless:	873

(A) The person has obtained a broad general education to	874
serve as a background for the person's specialized academic	875
training and preparatory professional experience. Such background	876
may include study from among the areas of human psychology,	877
sociology, psychological and physical development, the physical	878
sciences, especially those that pertain to acoustic and biological	879
phenomena, and human anatomy and physiology, including	880
neuroanatomy and neurophysiology.	881

(B) If the person seeks licensure as a speech-language	882
pathologist, the person submits to the board of speech-language	883
pathology and audiology an official transcript demonstrating that	884
the person has at least a master's degree in speech-language	885
pathology or the equivalent as determined by the board. The	886
person's academic credit must include course work accumulated in	887
the completion of a well-integrated course of study approved by	888
the board and delineated by rule dealing with the normal aspects	889
of human communication, development and disorders thereof, and	890
clinical techniques for the evaluation and the improvement or	891
eradication of such disorders. The course work must have been	892
completed at colleges or universities accredited by regional or	893
national accrediting organizations recognized by the board.	894

(C) IfExcept as provided in division (F)(1)(b) of this	895
section, if the person seeks licensure as an audiologist, the	896
person submits to the board an official transcript demonstrating	897
that the person has at least a doctor of audiology degree or the	898
equivalent as determined by the board. The person's academic	899
credit must include course work accumulated in the completion of a	900
well-integrated course of study approved by the board and	901
delineated by rules dealing with the normal aspects of human	902
hearing, balance, and related development and clinical evaluation,	903
audiologic diagnosis, and treatment of disorders of human hearing,	904
balance, and related development. The course work must have been	905
completed in an audiology program that is accredited by an	906
organization recognized by the United States department of	907
education and operated by a college or university accredited by a	908
regional or national accrediting organization recognized by the	909
board.	910

(D) The person submits to the board evidence of the	911
completion of appropriate, supervised clinical experience in the	912
professional area, speech-language pathology or audiology, for	913
which licensure is requested, dealing with a variety of	914
communication disorders. The appropriateness of the experience	915
shall be determined under rules of the board. This experience	916
shall have been obtained in an accredited college or university,	917
in a cooperating program of an accredited college or university,	918
or in another program approved by the board.	919

(E) The person submits to the board evidence that the person	920
has passed the examination for licensure to practice	921
speech-language pathology or audiology pursuant to division (B) of	922
section 4753.05 of the Revised Code.	923

(F) If the(1) In the case of either of the following, the	924
person presents to the board written evidence that the person has	925
obtained professional experience:	926

(a) The person seeks licensure as a speech-language	927
pathologist;	928

(b) The person submits to the board an application forseeks	929
licensure as an audiologist and does not meet the requirements of	930
division (C) of this section regarding a doctor of audiology	931
degree, but before January 1, 2006, and meetsthe person met the	932
requirements of division (B) of this section regarding a master's	933
degree in audiology as that division existed on December 31, 2005,	934
but not the requirements of division (C) of this section regarding	935
a doctor of audiology degree or if the person seeks licensure as a	936
speech-language pathologist, the person presents to the board	937
written evidence that the person has obtained professional	938
experience. The	939

(2) The professional experience shall be appropriately	940
supervised as determined by board rule. The amount of professional	941
experience shall be determined by board rule and shall be bona	942
fide clinical work that has been accomplished in the major	943
professional area, speech-language pathology or audiology, in	944
which licensure is being sought. If the person seeks licensure as	945
a speech-language pathologist, this experience shall not begin	946
until the requirements of divisions (B), (D), and (E) of this	947
section have been completed unless approved by the board. If the	948
person seeks licensure as an audiologist, this experience shall	949
not begin until the requirements of division (B) of this section,	950
as that division existed on December 31, 2005, and divisions (D)	951
and (E) of this section have been completed unless approved by the	952
board. Before beginning the supervised professional experience	953
pursuant to this section, the applicant for licensure to practice	954
speech-language pathology or audiology shall obtain a conditional	955
license pursuant to section 4753.071 of the Revised Code.	956

Sec. 4753.091. (A) A person licensed under this chapter may	957
apply to the board of speech-language pathology and audiology to	958
have the person's license classified as inactive. If a fee is	959
charged under division (B) of this section, the person shall	960
include the fee with the application.	961

If the person's license is in good standing, the person is	962
not the subject of any complaint, the person is not the subject of	963
an investigation or disciplinary action by the board, and the	964
person meets any other requirements established by the board in	965
rules adopted under this section, the board shall classify the	966
license as inactive. The inactive classification shall become	967
effective on the date immediately following the date that the	968
person's license is scheduled to expire.	969

(B) The board may charge a fee for classifying a license as	970
inactive.	971

(C) During the period that a license is classified as	972
inactive, the person may not engage in the practice of	973
speech-language pathology or the practice of audiology, as	974
applicable, in this state or make any representation to the public	975
indicating that the person is actively licensed under this	976
chapter.	977

(D) A person whose license has been classified as inactive	978
may apply to the board to have the license reactivated. The board	979
shall reactivate the license if the person meets the requirements	980
established by the board in rules adopted under this section.	981

(E) The board's jurisdiction to take disciplinary action	982
under this chapter is not removed or limited when a person's	983
license is classified as inactive under this section.	984

(F) The board shall adopt rules as necessary for classifying	985
a license as inactive and reactivating an inactive license. The	986
rules shall be adopted in accordance with Chapter 119. of the	987
Revised Code.	988

Sec. 5111.0211. As used in this section, "nursing facility"	989
and "provider" have the same meanings as in section 5111.20 of the	990
Revised Code.	991

The provider of a nursing facility is not required to submit	992
a claim to the department of job and family services regarding the	993
medicare cost-sharing expenses of a resident of the nursing	994
facility who, under federal law, is eligible to have the medicaid	995
program pay for a part of the cost-sharing expenses if the	996
provider determines that, under rules adopted under section	997
5111.02 of the Revised Code, the nursing facility would not	998
receive a medicaid payment for any part of the medicare	999
cost-sharing expenses. In such a situation, a claim for the	1000
medicare cost-sharing expenses shall be considered to have been	1001
adjudicated at no payment.	1002

Section 2.  That existing sections 119.12, 4715.03, 4715.031,	1003
4715.06, 4715.14, 4715.141, 4715.30, and 4753.06 of the Revised	1004
Code are hereby repealed.	1005

Section 3.  The amendment by this act to division (A) of	1006
section 4715.03 of the Revised Code requiring that the secretary	1007
of the State Dental Board be a dentist shall not apply to the	1008
secretary serving on the Board on the effective date of this	1009
section.	1010

Section 4. That Section 3 of Sub. H.B. 190 of the 128th	1011
General Assembly be contingently amended to read as follows:	1012

Sec. 3. (A) As used in this section, "registration period"	1013
has the same meaning as in section 4715.241 of the Revised Code,	1014
as enacted by this actSub. H.B. 190 of the 128th General	1015
Assembly.	1016

(B) NotwithstandingBoth of the following apply with respect	1017
to the implementation of the provisions of section 4715.25 of the	1018
Revised Code, as amended by this actSub. H.B. 190 of the 128th	1019
General Assembly, that increase from twelve to twenty-four the	1020
minimum number of hours of continuing education that a dental	1021
hygienist must certify to the State Dental Board when applying for	1022
a renewal of registration, a dental hygienist whose registration	1023
expired on December 31, 2009,:	1024

(1) Notwithstanding those provisions, in the case of a dental	1025
hygienist who is seeking a registration renewal that is to be	1026
effective in the 2010-2011 registration period, the dental	1027
hygienist remains subject to the former requirement to certify	1028
completion of a minimum of twelve hours of continuing education	1029
when applying for a renewal of registration for the 2010 to 2011	1030
registration period.	1031

(2) In the case of a dental hygienist who is seeking a	1032
registration renewal that is to be effective in the 2012-2013	1033
registration period, the dental hygienist is subject to the	1034
requirement of those provisions to certify completion of a minimum	1035
of twenty-four hours of continuing education.	1036

Section 5. That existing Section 3 of Sub. H.B. 190 of the	1037
128th General Assembly is hereby contingently repealed.	1038

Section 6. The amendment by this act of Section 3 of Sub.	1039
H.B. 190 of the 128th General Assembly is contingent on the	1040
section becoming law.	1041