As Reported by the Senate Health, Human Services and Aging Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 367

Representative Maag 

Cosponsors: Representatives Grossman, Murray, Fende, Antonio, Duffey, Hackett, Sears, Beck, Blair, Blessing, Bubp, Carney, Celebrezze, Celeste, Gardner, Garland, Hill, Johnson, Letson, Lundy, Mallory, Matheney, Milkovich, O'Brien, Phillips, Ramos, Stautberg, Stebelton, Stinziano, Terhar, Wachtmann, Winburn, Yuko Speaker Batchelder 

Senator Tavares 

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A BILL

To amend sections 109.57, 1337.11, 2133.01, 2317.54,

1

3701.881, 3712.01, 3712.03, 3712.09, 3712.99,

2

3721.01, 3793.11, 3795.01, 3963.01, 4719.01,

3

4752.02, and 5119.22 and to enact sections

4

3712.031, 3712.041, 3712.051, 3712.061, and

5

4729.43 of the Revised Code to enact "Sarah's Law"

6

regarding licensure of pediatric respite care

7

programs; to establish standards for delivery of

8

certain cancer drugs; to modify the requirements

9

for licensure of methadone treatment programs; to

10

amend the version of section 109.57 of the Revised

11

Code that is scheduled to take effect on January

12

1, 2014, to continue amendments made by this act

13

to that section; and to declare an emergency.

14

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

Section 1.  That sections 109.57, 1337.11, 2133.01, 2317.54,	15
3701.881, 3712.01, 3712.03, 3712.09, 3712.99, 3721.01, 3793.11,	16
3795.01, 3963.01, 4719.01, 4752.02, and 5119.22 be amended and	17
sections 3712.031, 3712.041, 3712.051, 3712.061, and 4729.43 of	18
the Revised Code be enacted to read as follows:	19

Sec. 109.57.  (A)(1) The superintendent of the bureau of	20
criminal identification and investigation shall procure from	21
wherever procurable and file for record photographs, pictures,	22
descriptions, fingerprints, measurements, and other information	23
that may be pertinent of all persons who have been convicted of	24
committing within this state a felony, any crime constituting a	25
misdemeanor on the first offense and a felony on subsequent	26
offenses, or any misdemeanor described in division (A)(1)(a),	27
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	28
all children under eighteen years of age who have been adjudicated	29
delinquent children for committing within this state an act that	30
would be a felony or an offense of violence if committed by an	31
adult or who have been convicted of or pleaded guilty to	32
committing within this state a felony or an offense of violence,	33
and of all well-known and habitual criminals. The person in charge	34
of any county, multicounty, municipal, municipal-county, or	35
multicounty-municipal jail or workhouse, community-based	36
correctional facility, halfway house, alternative residential	37
facility, or state correctional institution and the person in	38
charge of any state institution having custody of a person	39
suspected of having committed a felony, any crime constituting a	40
misdemeanor on the first offense and a felony on subsequent	41
offenses, or any misdemeanor described in division (A)(1)(a),	42
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	43
having custody of a child under eighteen years of age with respect	44
to whom there is probable cause to believe that the child may have	45
committed an act that would be a felony or an offense of violence	46
if committed by an adult shall furnish such material to the	47
superintendent of the bureau. Fingerprints, photographs, or other	48
descriptive information of a child who is under eighteen years of	49
age, has not been arrested or otherwise taken into custody for	50
committing an act that would be a felony or an offense of violence	51
who is not in any other category of child specified in this	52
division, if committed by an adult, has not been adjudicated a	53
delinquent child for committing an act that would be a felony or	54
an offense of violence if committed by an adult, has not been	55
convicted of or pleaded guilty to committing a felony or an	56
offense of violence, and is not a child with respect to whom there	57
is probable cause to believe that the child may have committed an	58
act that would be a felony or an offense of violence if committed	59
by an adult shall not be procured by the superintendent or	60
furnished by any person in charge of any county, multicounty,	61
municipal, municipal-county, or multicounty-municipal jail or	62
workhouse, community-based correctional facility, halfway house,	63
alternative residential facility, or state correctional	64
institution, except as authorized in section 2151.313 of the	65
Revised Code.	66

(2) Every clerk of a court of record in this state, other	67
than the supreme court or a court of appeals, shall send to the	68
superintendent of the bureau a weekly report containing a summary	69
of each case involving a felony, involving any crime constituting	70
a misdemeanor on the first offense and a felony on subsequent	71
offenses, involving a misdemeanor described in division (A)(1)(a),	72
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	73
involving an adjudication in a case in which a child under	74
eighteen years of age was alleged to be a delinquent child for	75
committing an act that would be a felony or an offense of violence	76
if committed by an adult. The clerk of the court of common pleas	77
shall include in the report and summary the clerk sends under this	78
division all information described in divisions (A)(2)(a) to (f)	79
of this section regarding a case before the court of appeals that	80
is served by that clerk. The summary shall be written on the	81
standard forms furnished by the superintendent pursuant to	82
division (B) of this section and shall include the following	83
information:	84

(a) The incident tracking number contained on the standard	85
forms furnished by the superintendent pursuant to division (B) of	86
this section;	87

(b) The style and number of the case;

88

(c) The date of arrest, offense, summons, or arraignment;

89

(d) The date that the person was convicted of or pleaded	90
guilty to the offense, adjudicated a delinquent child for	91
committing the act that would be a felony or an offense of	92
violence if committed by an adult, found not guilty of the	93
offense, or found not to be a delinquent child for committing an	94
act that would be a felony or an offense of violence if committed	95
by an adult, the date of an entry dismissing the charge, an entry	96
declaring a mistrial of the offense in which the person is	97
discharged, an entry finding that the person or child is not	98
competent to stand trial, or an entry of a nolle prosequi, or the	99
date of any other determination that constitutes final resolution	100
of the case;	101

(e) A statement of the original charge with the section of	102
the Revised Code that was alleged to be violated;	103

(f) If the person or child was convicted, pleaded guilty, or	104
was adjudicated a delinquent child, the sentence or terms of	105
probation imposed or any other disposition of the offender or the	106
delinquent child.	107

If the offense involved the disarming of a law enforcement	108
officer or an attempt to disarm a law enforcement officer, the	109
clerk shall clearly state that fact in the summary, and the	110
superintendent shall ensure that a clear statement of that fact is	111
placed in the bureau's records.	112

(3) The superintendent shall cooperate with and assist	113
sheriffs, chiefs of police, and other law enforcement officers in	114
the establishment of a complete system of criminal identification	115
and in obtaining fingerprints and other means of identification of	116
all persons arrested on a charge of a felony, any crime	117
constituting a misdemeanor on the first offense and a felony on	118
subsequent offenses, or a misdemeanor described in division	119
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	120
Revised Code and of all children under eighteen years of age	121
arrested or otherwise taken into custody for committing an act	122
that would be a felony or an offense of violence if committed by	123
an adult. The superintendent also shall file for record the	124
fingerprint impressions of all persons confined in a county,	125
multicounty, municipal, municipal-county, or multicounty-municipal	126
jail or workhouse, community-based correctional facility, halfway	127
house, alternative residential facility, or state correctional	128
institution for the violation of state laws and of all children	129
under eighteen years of age who are confined in a county,	130
multicounty, municipal, municipal-county, or multicounty-municipal	131
jail or workhouse, community-based correctional facility, halfway	132
house, alternative residential facility, or state correctional	133
institution or in any facility for delinquent children for	134
committing an act that would be a felony or an offense of violence	135
if committed by an adult, and any other information that the	136
superintendent may receive from law enforcement officials of the	137
state and its political subdivisions.	138

(4) The superintendent shall carry out Chapter 2950. of the	139
Revised Code with respect to the registration of persons who are	140
convicted of or plead guilty to a sexually oriented offense or a	141
child-victim oriented offense and with respect to all other duties	142
imposed on the bureau under that chapter.	143

(5) The bureau shall perform centralized recordkeeping	144
functions for criminal history records and services in this state	145
for purposes of the national crime prevention and privacy compact	146
set forth in section 109.571 of the Revised Code and is the	147
criminal history record repository as defined in that section for	148
purposes of that compact. The superintendent or the	149
superintendent's designee is the compact officer for purposes of	150
that compact and shall carry out the responsibilities of the	151
compact officer specified in that compact.	152

(B) The superintendent shall prepare and furnish to every	153
county, multicounty, municipal, municipal-county, or	154
multicounty-municipal jail or workhouse, community-based	155
correctional facility, halfway house, alternative residential	156
facility, or state correctional institution and to every clerk of	157
a court in this state specified in division (A)(2) of this section	158
standard forms for reporting the information required under	159
division (A) of this section. The standard forms that the	160
superintendent prepares pursuant to this division may be in a	161
tangible format, in an electronic format, or in both tangible	162
formats and electronic formats.	163

(C)(1) The superintendent may operate a center for	164
electronic, automated, or other data processing for the storage	165
and retrieval of information, data, and statistics pertaining to	166
criminals and to children under eighteen years of age who are	167
adjudicated delinquent children for committing an act that would	168
be a felony or an offense of violence if committed by an adult,	169
criminal activity, crime prevention, law enforcement, and criminal	170
justice, and may establish and operate a statewide communications	171
network to be known as the Ohio law enforcement gateway to gather	172
and disseminate information, data, and statistics for the use of	173
law enforcement agencies and for other uses specified in this	174
division. The superintendent may gather, store, retrieve, and	175
disseminate information, data, and statistics that pertain to	176
children who are under eighteen years of age and that are gathered	177
pursuant to sections 109.57 to 109.61 of the Revised Code together	178
with information, data, and statistics that pertain to adults and	179
that are gathered pursuant to those sections.	180

(2) The superintendent or the superintendent's designee shall	181
gather information of the nature described in division (C)(1) of	182
this section that pertains to the offense and delinquency history	183
of a person who has been convicted of, pleaded guilty to, or been	184
adjudicated a delinquent child for committing a sexually oriented	185
offense or a child-victim oriented offense for inclusion in the	186
state registry of sex offenders and child-victim offenders	187
maintained pursuant to division (A)(1) of section 2950.13 of the	188
Revised Code and in the internet database operated pursuant to	189
division (A)(13) of that section and for possible inclusion in the	190
internet database operated pursuant to division (A)(11) of that	191
section.	192

(3) In addition to any other authorized use of information,	193
data, and statistics of the nature described in division (C)(1) of	194
this section, the superintendent or the superintendent's designee	195
may provide and exchange the information, data, and statistics	196
pursuant to the national crime prevention and privacy compact as	197
described in division (A)(5) of this section.	198

(4) The attorney general may adopt rules under Chapter 119.	199
of the Revised Code establishing guidelines for the operation of	200
and participation in the Ohio law enforcement gateway. The rules	201
may include criteria for granting and restricting access to	202
information gathered and disseminated through the Ohio law	203
enforcement gateway. The attorney general shall permit the state	204
medical board and board of nursing to access and view, but not	205
alter, information gathered and disseminated through the Ohio law	206
enforcement gateway.	207

The attorney general may appoint a steering committee to	208
advise the attorney general in the operation of the Ohio law	209
enforcement gateway that is comprised of persons who are	210
representatives of the criminal justice agencies in this state	211
that use the Ohio law enforcement gateway and is chaired by the	212
superintendent or the superintendent's designee.	213

(D)(1) The following are not public records under section	214
149.43 of the Revised Code:	215

(a) Information and materials furnished to the superintendent	216
pursuant to division (A) of this section;	217

(b) Information, data, and statistics gathered or	218
disseminated through the Ohio law enforcement gateway pursuant to	219
division (C)(1) of this section;	220

(c) Information and materials furnished to any board or	221
person under division (F) or (G) of this section.	222

(2) The superintendent or the superintendent's designee shall	223
gather and retain information so furnished under division (A) of	224
this section that pertains to the offense and delinquency history	225
of a person who has been convicted of, pleaded guilty to, or been	226
adjudicated a delinquent child for committing a sexually oriented	227
offense or a child-victim oriented offense for the purposes	228
described in division (C)(2) of this section.	229

(E)(1) The attorney general shall adopt rules, in accordance	230
with Chapter 119. of the Revised Code and subject to division	231
(E)(2) of this section, setting forth the procedure by which a	232
person may receive or release information gathered by the	233
superintendent pursuant to division (A) of this section. A	234
reasonable fee may be charged for this service. If a temporary	235
employment service submits a request for a determination of	236
whether a person the service plans to refer to an employment	237
position has been convicted of or pleaded guilty to an offense	238
listed or described in division (A)(1), (2), or (3) of section	239
109.572 of the Revised Code, the request shall be treated as a	240
single request and only one fee shall be charged.	241

(2) Except as otherwise provided in this division, a rule	242
adopted under division (E)(1) of this section may provide only for	243
the release of information gathered pursuant to division (A) of	244
this section that relates to the conviction of a person, or a	245
person's plea of guilty to, a criminal offense. The superintendent	246
shall not release, and the attorney general shall not adopt any	247
rule under division (E)(1) of this section that permits the	248
release of, any information gathered pursuant to division (A) of	249
this section that relates to an adjudication of a child as a	250
delinquent child, or that relates to a criminal conviction of a	251
person under eighteen years of age if the person's case was	252
transferred back to a juvenile court under division (B)(2) or (3)	253
of section 2152.121 of the Revised Code and the juvenile court	254
imposed a disposition or serious youthful offender disposition	255
upon the person under either division, unless either of the	256
following applies with respect to the adjudication or conviction:	257

(a) The adjudication or conviction was for a violation of	258
section 2903.01 or 2903.02 of the Revised Code.	259

(b) The adjudication or conviction was for a sexually	260
oriented offense, the juvenile court was required to classify the	261
child a juvenile offender registrant for that offense under	262
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	263
classification has not been removed.	264

(F)(1) As used in division (F)(2) of this section, "head	265
start agency" means an entity in this state that has been approved	266
to be an agency for purposes of subchapter II of the "Community	267
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	268
as amended.	269

(2)(a) In addition to or in conjunction with any request that	270
is required to be made under section 109.572, 2151.86, 3301.32,	271
3301.541, division (C) of section 3310.58, or section 3319.39,	272
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	273
5153.111 of the Revised Code or that is made under section	274
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	275
board of education of any school district; the director of	276
developmental disabilities; any county board of developmental	277
disabilities; any provider or subcontractor as defined in section	278
5123.081 of the Revised Code; the chief administrator of any	279
chartered nonpublic school; the chief administrator of a	280
registered private provider that is not also a chartered nonpublic	281
school; the chief administrator of any home health agency; the	282
chief administrator of or person operating any child day-care	283
center, type A family day-care home, or type B family day-care	284
home licensed or certified under Chapter 5104. of the Revised	285
Code; the administrator of any type C family day-care home	286
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	287
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	288
general assembly; the chief administrator of any head start	289
agency; the executive director of a public children services	290
agency; a private company described in section 3314.41, 3319.392,	291
3326.25, or 3328.20 of the Revised Code; or an employer described	292
in division (J)(2) of section 3327.10 of the Revised Code may	293
request that the superintendent of the bureau investigate and	294
determine, with respect to any individual who has applied for	295
employment in any position after October 2, 1989, or any	296
individual wishing to apply for employment with a board of	297
education may request, with regard to the individual, whether the	298
bureau has any information gathered under division (A) of this	299
section that pertains to that individual. On receipt of the	300
request, subject to division (E)(2) of this section, the	301
superintendent shall determine whether that information exists	302
and, upon request of the person, board, or entity requesting	303
information, also shall request from the federal bureau of	304
investigation any criminal records it has pertaining to that	305
individual. The superintendent or the superintendent's designee	306
also may request criminal history records from other states or the	307
federal government pursuant to the national crime prevention and	308
privacy compact set forth in section 109.571 of the Revised Code.	309
Within thirty days of the date that the superintendent receives a	310
request, subject to division (E)(2) of this section, the	311
superintendent shall send to the board, entity, or person a report	312
of any information that the superintendent determines exists,	313
including information contained in records that have been sealed	314
under section 2953.32 of the Revised Code, and, within thirty days	315
of its receipt, subject to division (E)(2) of this section, shall	316
send the board, entity, or person a report of any information	317
received from the federal bureau of investigation, other than	318
information the dissemination of which is prohibited by federal	319
law.	320

(b) When a board of education or a registered private	321
provider is required to receive information under this section as	322
a prerequisite to employment of an individual pursuant to division	323
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	324
may accept a certified copy of records that were issued by the	325
bureau of criminal identification and investigation and that are	326
presented by an individual applying for employment with the	327
district in lieu of requesting that information itself. In such a	328
case, the board shall accept the certified copy issued by the	329
bureau in order to make a photocopy of it for that individual's	330
employment application documents and shall return the certified	331
copy to the individual. In a case of that nature, a district or	332
provider only shall accept a certified copy of records of that	333
nature within one year after the date of their issuance by the	334
bureau.	335

(c) Notwithstanding division (F)(2)(a) of this section, in	336
the case of a request under section 3319.39, 3319.391, or 3327.10	337
of the Revised Code only for criminal records maintained by the	338
federal bureau of investigation, the superintendent shall not	339
determine whether any information gathered under division (A) of	340
this section exists on the person for whom the request is made.	341

(3) The state board of education may request, with respect to	342
any individual who has applied for employment after October 2,	343
1989, in any position with the state board or the department of	344
education, any information that a school district board of	345
education is authorized to request under division (F)(2) of this	346
section, and the superintendent of the bureau shall proceed as if	347
the request has been received from a school district board of	348
education under division (F)(2) of this section.	349

(4) When the superintendent of the bureau receives a request	350
for information under section 3319.291 of the Revised Code, the	351
superintendent shall proceed as if the request has been received	352
from a school district board of education and shall comply with	353
divisions (F)(2)(a) and (c) of this section.	354

(5) When a recipient of a classroom reading improvement grant	355
paid under section 3301.86 of the Revised Code requests, with	356
respect to any individual who applies to participate in providing	357
any program or service funded in whole or in part by the grant,	358
the information that a school district board of education is	359
authorized to request under division (F)(2)(a) of this section,	360
the superintendent of the bureau shall proceed as if the request	361
has been received from a school district board of education under	362
division (F)(2)(a) of this section.	363

(G) In addition to or in conjunction with any request that is	364
required to be made under section 3701.881, 3712.09, or 3721.121	365
of the Revised Code with respect to an individual who has applied	366
for employment in a position that involves providing direct care	367
to an older adult or adult resident, the chief administrator of a	368
home health agency, hospice care program, home licensed under	369
Chapter 3721. of the Revised Code, or adult day-care program	370
operated pursuant to rules adopted under section 3721.04 of the	371
Revised Code may request that the superintendent of the bureau	372
investigate and determine, with respect to any individual who has	373
applied after January 27, 1997, for employment in a position that	374
does not involve providing direct care to an older adult or adult	375
resident, whether the bureau has any information gathered under	376
division (A) of this section that pertains to that individual.	377

In addition to or in conjunction with any request that is	378
required to be made under section 173.27 of the Revised Code with	379
respect to an individual who has applied for employment in a	380
position that involves providing ombudsperson services to	381
residents of long-term care facilities or recipients of	382
community-based long-term care services, the state long-term care	383
ombudsperson, ombudsperson's designee, or director of health may	384
request that the superintendent investigate and determine, with	385
respect to any individual who has applied for employment in a	386
position that does not involve providing such ombudsperson	387
services, whether the bureau has any information gathered under	388
division (A) of this section that pertains to that applicant.	389

In addition to or in conjunction with any request that is	390
required to be made under section 173.394 of the Revised Code with	391
respect to an individual who has applied for employment in a	392
position that involves providing direct care to an individual, the	393
chief administrator of a community-based long-term care agency may	394
request that the superintendent investigate and determine, with	395
respect to any individual who has applied for employment in a	396
position that does not involve providing direct care, whether the	397
bureau has any information gathered under division (A) of this	398
section that pertains to that applicant.	399

In addition to or in conjunction with any request that is	400
required to be made under section 3712.09 of the Revised Code with	401
respect to an individual who has applied for employment in a	402
position that involves providing direct care to a pediatric	403
respite care patient, the chief administrator of a pediatric	404
respite care program may request that the superintendent of the	405
bureau investigate and determine, with respect to any individual	406
who has applied for employment in a position that does not involve	407
providing direct care to a pediatric respite care patient, whether	408
the bureau has any information gathered under division (A) of this	409
section that pertains to that individual.	410

On receipt of a request under this division, the	411
superintendent shall determine whether that information exists	412
and, on request of the individual requesting information, shall	413
also request from the federal bureau of investigation any criminal	414
records it has pertaining to the applicant. The superintendent or	415
the superintendent's designee also may request criminal history	416
records from other states or the federal government pursuant to	417
the national crime prevention and privacy compact set forth in	418
section 109.571 of the Revised Code. Within thirty days of the	419
date a request is received, subject to division (E)(2) of this	420
section, the superintendent shall send to the requester a report	421
of any information determined to exist, including information	422
contained in records that have been sealed under section 2953.32	423
of the Revised Code, and, within thirty days of its receipt, shall	424
send the requester a report of any information received from the	425
federal bureau of investigation, other than information the	426
dissemination of which is prohibited by federal law.	427

(H) Information obtained by a government entity or person	428
under this section is confidential and shall not be released or	429
disseminated.	430

(I) The superintendent may charge a reasonable fee for	431
providing information or criminal records under division (F)(2) or	432
(G) of this section.	433

(J) As used in this section:

434

(1) "Pediatric respite care program" and "pediatric respite	435
care patient" have the same meanings as in section 3712.01 of the	436
Revised Code.	437

(2) "Sexually oriented offense" and "child-victim oriented	438
offense" have the same meanings as in section 2950.01 of the	439
Revised Code.	440

(2)(3) "Registered private provider" means a nonpublic school	441
or entity registered with the superintendent of public instruction	442
under section 3310.41 of the Revised Code to participate in the	443
autism scholarship program or section 3310.58 of the Revised Code	444
to participate in the Jon Peterson special needs scholarship	445
program.	446

Sec. 1337.11.  As used in sections 1337.11 to 1337.17 of the	447
Revised Code:	448

(A) "Adult" means a person who is eighteen years of age or	449
older.	450

(B) "Attending physician" means the physician to whom a	451
principal or the family of a principal has assigned primary	452
responsibility for the treatment or care of the principal or, if	453
the responsibility has not been assigned, the physician who has	454
accepted that responsibility.	455

(C) "Comfort care" means any of the following:

456

(1) Nutrition when administered to diminish the pain or	457
discomfort of a principal, but not to postpone death;	458

(2) Hydration when administered to diminish the pain or	459
discomfort of a principal, but not to postpone death;	460

(3) Any other medical or nursing procedure, treatment,	461
intervention, or other measure that is taken to diminish the pain	462
or discomfort of a principal, but not to postpone death.	463

(D) "Consulting physician" means a physician who, in	464
conjunction with the attending physician of a principal, makes one	465
or more determinations that are required to be made by the	466
attending physician, or to be made by the attending physician and	467
one other physician, by an applicable provision of sections	468
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of	469
medical certainty and in accordance with reasonable medical	470
standards.	471

(E) "Declaration for mental health treatment" has the same	472
meaning as in section 2135.01 of the Revised Code.	473

(F) "Guardian" means a person appointed by a probate court	474
pursuant to Chapter 2111. of the Revised Code to have the care and	475
management of the person of an incompetent.	476

(G) "Health care" means any care, treatment, service, or	477
procedure to maintain, diagnose, or treat an individual's physical	478
or mental condition or physical or mental health.	479

(H) "Health care decision" means informed consent, refusal to	480
give informed consent, or withdrawal of informed consent to health	481
care.	482

(I) "Health care facility" means any of the following:

483

(1) A hospital;

484

(2) A hospice care program, pediatric respite care program,	485
or other institution that specializes in comfort care of patients	486
in a terminal condition or in a permanently unconscious state;	487

(3) A nursing home;

488

(4) A home health agency;

489

(5) An intermediate care facility for the mentally retarded;

490

(6) A regulated community mental health organization.

491

(J) "Health care personnel" means physicians, nurses,	492
physician assistants, emergency medical technicians-basic,	493
emergency medical technicians-intermediate, emergency medical	494
technicians-paramedic, medical technicians, dietitians, other	495
authorized persons acting under the direction of an attending	496
physician, and administrators of health care facilities.	497

(K) "Home health agency" has the same meaning as in section	498
3701.881 of the Revised Code.	499

(L) "Hospice care program" hasand "pediatric respite care	500
program" have the same meaningmeanings as in section 3712.01 of	501
the Revised Code.	502

(M) "Hospital" has the same meanings as in sections 3701.01,	503
3727.01, and 5122.01 of the Revised Code.	504

(N) "Hydration" means fluids that are artificially or	505
technologically administered.	506

(O) "Incompetent" has the same meaning as in section 2111.01	507
of the Revised Code.	508

(P) "Intermediate care facility for the mentally retarded"	509
has the same meaning as in section 5111.20 of the Revised Code.	510

(Q) "Life-sustaining treatment" means any medical procedure,	511
treatment, intervention, or other measure that, when administered	512
to a principal, will serve principally to prolong the process of	513
dying.	514

(R) "Medical claim" has the same meaning as in section	515
2305.113 of the Revised Code.	516

(S) "Mental health treatment" has the same meaning as in	517
section 2135.01 of the Revised Code.	518

(T) "Nursing home" has the same meaning as in section 3721.01	519
of the Revised Code.	520

(U) "Nutrition" means sustenance that is artificially or	521
technologically administered.	522

(V) "Permanently unconscious state" means a state of	523
permanent unconsciousness in a principal that, to a reasonable	524
degree of medical certainty as determined in accordance with	525
reasonable medical standards by the principal's attending	526
physician and one other physician who has examined the principal,	527
is characterized by both of the following:	528

(1) Irreversible unawareness of one's being and environment.

529

(2) Total loss of cerebral cortical functioning, resulting in	530
the principal having no capacity to experience pain or suffering.	531

(W) "Person" has the same meaning as in section 1.59 of the	532
Revised Code and additionally includes political subdivisions and	533
governmental agencies, boards, commissions, departments,	534
institutions, offices, and other instrumentalities.	535

(X) "Physician" means a person who is authorized under	536
Chapter 4731. of the Revised Code to practice medicine and surgery	537
or osteopathic medicine and surgery.	538

(Y) "Political subdivision" and "state" have the same	539
meanings as in section 2744.01 of the Revised Code.	540

(Z) "Professional disciplinary action" means action taken by	541
the board or other entity that regulates the professional conduct	542
of health care personnel, including the state medical board and	543
the board of nursing.	544

(AA) "Regulated community mental health organization" means a	545
residential facility as defined and licensed under section 5119.22	546
of the Revised Code or a community mental health agency as defined	547
in section 5122.01 of the Revised Code.	548

(BB) "Terminal condition" means an irreversible, incurable,	549
and untreatable condition caused by disease, illness, or injury	550
from which, to a reasonable degree of medical certainty as	551
determined in accordance with reasonable medical standards by a	552
principal's attending physician and one other physician who has	553
examined the principal, both of the following apply:	554

(1) There can be no recovery.

555

(2) Death is likely to occur within a relatively short time	556
if life-sustaining treatment is not administered.	557

(CC) "Tort action" means a civil action for damages for	558
injury, death, or loss to person or property, other than a civil	559
action for damages for a breach of contract or another agreement	560
between persons.	561

Sec. 2133.01.  Unless the context otherwise requires, as used	562
in sections 2133.01 to 2133.15 of the Revised Code:	563

(A) "Adult" means an individual who is eighteen years of age	564
or older.	565

(B) "Attending physician" means the physician to whom a	566
declarant or other patient, or the family of a declarant or other	567
patient, has assigned primary responsibility for the treatment or	568
care of the declarant or other patient, or, if the responsibility	569
has not been assigned, the physician who has accepted that	570
responsibility.	571

(C) "Comfort care" means any of the following:

572

(1) Nutrition when administered to diminish the pain or	573
discomfort of a declarant or other patient, but not to postpone	574
the declarant's or other patient's death;	575

(2) Hydration when administered to diminish the pain or	576
discomfort of a declarant or other patient, but not to postpone	577
the declarant's or other patient's death;	578

(3) Any other medical or nursing procedure, treatment,	579
intervention, or other measure that is taken to diminish the pain	580
or discomfort of a declarant or other patient, but not to postpone	581
the declarant's or other patient's death.	582

(D) "Consulting physician" means a physician who, in	583
conjunction with the attending physician of a declarant or other	584
patient, makes one or more determinations that are required to be	585
made by the attending physician, or to be made by the attending	586
physician and one other physician, by an applicable provision of	587
this chapter, to a reasonable degree of medical certainty and in	588
accordance with reasonable medical standards.	589

(E) "Declarant" means any adult who has executed a	590
declaration in accordance with section 2133.02 of the Revised	591
Code.	592

(F) "Declaration" means a written document executed in	593
accordance with section 2133.02 of the Revised Code.	594

(G) "Durable power of attorney for health care" means a	595
document created pursuant to sections 1337.11 to 1337.17 of the	596
Revised Code.	597

(H) "Guardian" means a person appointed by a probate court	598
pursuant to Chapter 2111. of the Revised Code to have the care and	599
management of the person of an incompetent.	600

(I) "Health care facility" means any of the following:

601

(1) A hospital;

602

(2) A hospice care program, pediatric respite care program,	603
or other institution that specializes in comfort care of patients	604
in a terminal condition or in a permanently unconscious state;	605

(3) A nursing home or residential care facility, as defined	606
in section 3721.01 of the Revised Code;	607

(4) A home health agency and any residential facility where a	608
person is receiving care under the direction of a home health	609
agency;	610

(5) An intermediate care facility for the mentally retarded.

611

(J) "Health care personnel" means physicians, nurses,	612
physician assistants, emergency medical technicians-basic,	613
emergency medical technicians-intermediate, emergency medical	614
technicians-paramedic, medical technicians, dietitians, other	615
authorized persons acting under the direction of an attending	616
physician, and administrators of health care facilities.	617

(K) "Home health agency" has the same meaning as in section	618
3701.881 of the Revised Code.	619

(L) "Hospice care program" hasand "pediatric respite care	620
program" have the same meaningmeanings as in section 3712.01 of	621
the Revised Code.	622

(M) "Hospital" has the same meanings as in sections 3701.01,	623
3727.01, and 5122.01 of the Revised Code.	624

(N) "Hydration" means fluids that are artificially or	625
technologically administered.	626

(O) "Incompetent" has the same meaning as in section 2111.01	627
of the Revised Code.	628

(P) "Intermediate care facility for the mentally retarded"	629
has the same meaning as in section 5111.20 of the Revised Code.	630

(Q) "Life-sustaining treatment" means any medical procedure,	631
treatment, intervention, or other measure that, when administered	632
to a qualified patient or other patient, will serve principally to	633
prolong the process of dying.	634

(R) "Nurse" means a person who is licensed to practice	635
nursing as a registered nurse or to practice practical nursing as	636
a licensed practical nurse pursuant to Chapter 4723. of the	637
Revised Code.	638

(S) "Nursing home" has the same meaning as in section 3721.01	639
of the Revised Code.	640

(T) "Nutrition" means sustenance that is artificially or	641
technologically administered.	642

(U) "Permanently unconscious state" means a state of	643
permanent unconsciousness in a declarant or other patient that, to	644
a reasonable degree of medical certainty as determined in	645
accordance with reasonable medical standards by the declarant's or	646
other patient's attending physician and one other physician who	647
has examined the declarant or other patient, is characterized by	648
both of the following:	649

(1) Irreversible unawareness of one's being and environment.

650

(2) Total loss of cerebral cortical functioning, resulting in	651
the declarant or other patient having no capacity to experience	652
pain or suffering.	653

(V) "Person" has the same meaning as in section 1.59 of the	654
Revised Code and additionally includes political subdivisions and	655
governmental agencies, boards, commissions, departments,	656
institutions, offices, and other instrumentalities.	657

(W) "Physician" means a person who is authorized under	658
Chapter 4731. of the Revised Code to practice medicine and surgery	659
or osteopathic medicine and surgery.	660

(X) "Political subdivision" and "state" have the same	661
meanings as in section 2744.01 of the Revised Code.	662

(Y) "Professional disciplinary action" means action taken by	663
the board or other entity that regulates the professional conduct	664
of health care personnel, including the state medical board and	665
the board of nursing.	666

(Z) "Qualified patient" means an adult who has executed a	667
declaration and has been determined to be in a terminal condition	668
or in a permanently unconscious state.	669

(AA) "Terminal condition" means an irreversible, incurable,	670
and untreatable condition caused by disease, illness, or injury	671
from which, to a reasonable degree of medical certainty as	672
determined in accordance with reasonable medical standards by a	673
declarant's or other patient's attending physician and one other	674
physician who has examined the declarant or other patient, both of	675
the following apply:	676

(1) There can be no recovery.

677

(2) Death is likely to occur within a relatively short time	678
if life-sustaining treatment is not administered.	679

(BB) "Tort action" means a civil action for damages for	680
injury, death, or loss to person or property, other than a civil	681
action for damages for breach of a contract or another agreement	682
between persons.	683

Sec. 2317.54.  No hospital, home health agency, ambulatory	684
surgical facility, or provider of a hospice care program or	685
pediatric respite care program shall be held liable for a	686
physician's failure to obtain an informed consent from the	687
physician's patient prior to a surgical or medical procedure or	688
course of procedures, unless the physician is an employee of the	689
hospital, home health agency, ambulatory surgical facility, or	690
provider of a hospice care program or pediatric respite care	691
program.	692

Written consent to a surgical or medical procedure or course	693
of procedures shall, to the extent that it fulfills all the	694
requirements in divisions (A), (B), and (C) of this section, be	695
presumed to be valid and effective, in the absence of proof by a	696
preponderance of the evidence that the person who sought such	697
consent was not acting in good faith, or that the execution of the	698
consent was induced by fraudulent misrepresentation of material	699
facts, or that the person executing the consent was not able to	700
communicate effectively in spoken and written English or any other	701
language in which the consent is written. Except as herein	702
provided, no evidence shall be admissible to impeach, modify, or	703
limit the authorization for performance of the procedure or	704
procedures set forth in such written consent.	705

(A) The consent sets forth in general terms the nature and	706
purpose of the procedure or procedures, and what the procedures	707
are expected to accomplish, together with the reasonably known	708
risks, and, except in emergency situations, sets forth the names	709
of the physicians who shall perform the intended surgical	710
procedures.	711

(B) The person making the consent acknowledges that such	712
disclosure of information has been made and that all questions	713
asked about the procedure or procedures have been answered in a	714
satisfactory manner.	715

(C) The consent is signed by the patient for whom the	716
procedure is to be performed, or, if the patient for any reason	717
including, but not limited to, competence, minority, or the fact	718
that, at the latest time that the consent is needed, the patient	719
is under the influence of alcohol, hallucinogens, or drugs, lacks	720
legal capacity to consent, by a person who has legal authority to	721
consent on behalf of such patient in such circumstances, including	722
either of the following:	723

(1) The parent, whether the parent is an adult or a minor, of	724
the parent's minor child;	725

(2) An adult whom the parent of the minor child has given	726
written authorization to consent to a surgical or medical	727
procedure or course of procedures for the parent's minor child.	728

Any use of a consent form that fulfills the requirements	729
stated in divisions (A), (B), and (C) of this section has no	730
effect on the common law rights and liabilities, including the	731
right of a physician to obtain the oral or implied consent of a	732
patient to a medical procedure, that may exist as between	733
physicians and patients on July 28, 1975.	734

As used in this section the term "hospital" has the same	735
meaning as in section 2305.113 of the Revised Code; "home health	736
agency" has the same meaning as in section 5101.61 of the Revised	737
Code; "ambulatory surgical facility" has the meaning as in	738
division (A) of section 3702.30 of the Revised Code; and "hospice	739
care program" hasand "pediatric respite care program" have the	740
same meaningmeanings as in section 3712.01 of the Revised Code.	741
The provisions of this division apply to hospitals, doctors of	742
medicine, doctors of osteopathic medicine, and doctors of	743
podiatric medicine.	744

Sec. 3701.881.  (A) As used in this section:

745

(1) "Applicant" means a person who is under final	746
consideration for employment with a home health agency in a	747
full-time, part-time, or temporary position that involves	748
providing direct care to an individual or is referred to a home	749
health agency by an employment service for such a position.	750

(2) "Community-based long-term care agency" has the same	751
meaning as in section 173.39 of the Revised Code.	752

(3) "Criminal records check" has the same meaning as in	753
section 109.572 of the Revised Code.	754

(4) "Direct care" means any of the following:

755

(a) Any service identified in divisions (A)(7)(a) to (f) of	756
this section that is provided in a patient's place of residence	757
used as the patient's home;	758

(b) Any activity that requires the person performing the	759
activity to be routinely alone with a patient or to routinely have	760
access to a patient's personal property or financial documents	761
regarding a patient;	762

(c) For each home health agency individually, any other	763
routine service or activity that the chief administrator of the	764
home health agency designates as direct care.	765

(5) "Disqualifying offense" means any of the offenses listed	766
or described in divisions (A)(3)(a) to (e) of section 109.572 of	767
the Revised Code.	768

(6) "Employee" means a person employed by a home health	769
agency in a full-time, part-time, or temporary position that	770
involves providing direct care to an individual and a person who	771
works in such a position due to being referred to a home health	772
agency by an employment service.	773

(7) "Home health agency" means a person or government entity,	774
other than a nursing home, residential care facility, or hospice	775
care program, or pediatric respite care program, that has the	776
primary function of providing any of the following services to a	777
patient at a place of residence used as the patient's home:	778

(a) Skilled nursing care;

779

(b) Physical therapy;

780

(c) Speech-language pathology;

781

(d) Occupational therapy;

782

(e) Medical social services;

783

(f) Home health aide services.

784

(8) "Home health aide services" means any of the following	785
services provided by an employee of a home health agency:	786

(a) Hands-on bathing or assistance with a tub bath or shower;

787

(b) Assistance with dressing, ambulation, and toileting;

788

(c) Catheter care but not insertion;

789

(d) Meal preparation and feeding.

790

(9) "Hospice care program" hasand "pediatric respite care	791
program" have the same meaningmeanings as in section 3712.01 of	792
the Revised Code.	793

(10) "Medical social services" means services provided by a	794
social worker under the direction of a patient's attending	795
physician.	796

(11) "Minor drug possession offense" has the same meaning as	797
in section 2925.01 of the Revised Code.	798

(12) "Nursing home," "residential care facility," and	799
"skilled nursing care" have the same meanings as in section	800
3721.01 of the Revised Code.	801

(13) "Occupational therapy" has the same meaning as in	802
section 4755.04 of the Revised Code.	803

(14) "Physical therapy" has the same meaning as in section	804
4755.40 of the Revised Code.	805

(15) "Social worker" means a person licensed under Chapter	806
4757. of the Revised Code to practice as a social worker or	807
independent social worker.	808

(16) "Speech-language pathology" has the same meaning as in	809
section 4753.01 of the Revised Code.	810

(17) "Waiver agency" has the same meaning as in section	811
5111.033 of the Revised Code.	812

(B) No home health agency shall employ an applicant or	813
continue to employ an employee in a position that involves	814
providing direct care to an individual if any of the following	815
apply:	816

(1) A review of the databases listed in division (D) of this	817
section reveals any of the following:	818

(a) That the applicant or employee is included in one or more	819
of the databases listed in divisions (D)(1) to (5) of this	820
section;	821

(b) That there is in the state nurse aide registry	822
established under section 3721.32 of the Revised Code a statement	823
detailing findings by the director of health that the applicant or	824
employee neglected or abused a long-term care facility or	825
residential care facility resident or misappropriated property of	826
such a resident;	827

(c) That the applicant or employee is included in one or more	828
of the databases, if any, specified in rules adopted under this	829
section and the rules prohibit the home health agency from	830
employing an applicant or continuing to employ an employee	831
included in such a database in a position that involves providing	832
direct care to an individual.	833

(2) After the applicant or employee is provided, pursuant to	834
division (E)(2)(a) of this section, a copy of the form prescribed	835
pursuant to division (C)(1) of section 109.572 of the Revised Code	836
and the standard impression sheet prescribed pursuant to division	837
(C)(2) of that section, the applicant or employee fails to	838
complete the form or provide the applicant's or employee's	839
fingerprint impressions on the standard impression sheet.	840

(3) Except as provided in rules adopted under this section,	841
the applicant or employee is found by a criminal records check	842
required by this section to have been convicted of, pleaded guilty	843
to, or been found eligible for intervention in lieu of conviction	844
for a disqualifying offense.	845

(C) Except as provided by division (F) of this section, the	846
chief administrator of a home health agency shall inform each	847
applicant of both of the following at the time of the applicant's	848
initial application for employment or referral to the home health	849
agency by an employment service for a position that involves	850
providing direct care to an individual:	851

(1) That a review of the databases listed in division (D) of	852
this section will be conducted to determine whether the home	853
health agency is prohibited by division (B)(1) of this section	854
from employing the applicant in the position;	855

(2) That, unless the database review reveals that the	856
applicant may not be employed in the position, a criminal records	857
check of the applicant will be conducted and the applicant is	858
required to provide a set of the applicant's fingerprint	859
impressions as part of the criminal records check.	860

(D) As a condition of employing any applicant in a position	861
that involves providing direct care to an individual, the chief	862
administrator of a home health agency shall conduct a database	863
review of the applicant in accordance with rules adopted under	864
this section. If rules adopted under this section so require, the	865
chief administrator of a home health agency shall conduct a	866
database review of an employee in accordance with the rules as a	867
condition of continuing to employ the employee in a position that	868
involves providing direct care to an individual. However, the	869
chief administrator is not required to conduct a database review	870
of an applicant or employee if division (F) of this section	871
applies. A database review shall determine whether the applicant	872
or employee is included in any of the following:	873

(1) The excluded parties list system maintained by the United	874
States general services administration pursuant to subpart 9.4 of	875
the federal acquisition regulation;	876

(2) The list of excluded individuals and entities maintained	877
by the office of inspector general in the United States department	878
of health and human services pursuant to section 1128 of the	879
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	880
amended, and section 1156 of the "Social Security Act," 96 Stat.	881
388 (1982), 42 U.S.C. 1320c-5, as amended;	882

(3) The registry of MR/DD employees established under section	883
5123.52 of the Revised Code;	884

(4) The internet-based sex offender and child-victim offender	885
database established under division (A)(11) of section 2950.13 of	886
the Revised Code;	887

(5) The internet-based database of inmates established under	888
section 5120.66 of the Revised Code;	889

(6) The state nurse aide registry established under section	890
3721.32 of the Revised Code;	891

(7) Any other database, if any, specified in rules adopted	892
under this section.	893

(E)(1) As a condition of employing any applicant in a	894
position that involves providing direct care to an individual, the	895
chief administrator of a home health agency shall request the	896
superintendent of the bureau of criminal identification and	897
investigation to conduct a criminal records check of the	898
applicant. If rules adopted under this section so require, the	899
chief administrator of a home health agency shall request the	900
superintendent to conduct a criminal records check of an employee	901
at times specified in the rules as a condition of continuing to	902
employ the employee in a position that involves providing direct	903
care to an individual. However, the chief administrator is not	904
required to request the criminal records check of the applicant or	905
the employee if division (F) of this section applies or the home	906
health agency is prohibited by division (B)(1) of this section	907
from employing the applicant or continuing to employ the employee	908
in a position that involves providing direct care to an	909
individual. If an applicant or employee for whom a criminal	910
records check request is required by this section does not present	911
proof of having been a resident of this state for the five-year	912
period immediately prior to the date upon which the criminal	913
records check is requested or does not provide evidence that	914
within that five-year period the superintendent has requested	915
information about the applicant from the federal bureau of	916
investigation in a criminal records check, the chief administrator	917
shall request that the superintendent obtain information from the	918
federal bureau of investigation as a part of the criminal records	919
check. Even if an applicant or employee for whom a criminal	920
records check request is required by this section presents proof	921
that the applicant or employee has been a resident of this state	922
for that five-year period, the chief administrator may request	923
that the superintendent include information from the federal	924
bureau of investigation in the criminal records check.	925

(2) The chief administrator shall do all of the following:

926

(a) Provide to each applicant and employee for whom a	927
criminal records check request is required by this section a copy	928
of the form prescribed pursuant to division (C)(1) of section	929
109.572 of the Revised Code and a standard impression sheet	930
prescribed pursuant to division (C)(2) of that section;	931

(b) Obtain the completed form and standard impression sheet	932
from each applicant and employee;	933

(c) Forward the completed form and standard impression sheet	934
to the superintendent at the time the chief administrator requests	935
the criminal records check.	936

(3) A home health agency shall pay to the bureau of criminal	937
identification and investigation the fee prescribed pursuant to	938
division (C)(3) of section 109.572 of the Revised Code for each	939
criminal records check the agency requests under this section. A	940
home health agency may charge an applicant a fee not exceeding the	941
amount the agency pays to the bureau under this section if both of	942
the following apply:	943

(a) The home health agency notifies the applicant at the time	944
of initial application for employment of the amount of the fee and	945
that, unless the fee is paid, the applicant will not be considered	946
for employment.	947

(b) The medicaid program established under Chapter 5111. of	948
the Revised Code does not reimburse the home health agency for the	949
fee it pays to the bureau under this section.	950

(F) Divisions (C) to (E) of this section do not apply with	951
regard to an applicant or employee if the applicant or employee is	952
referred to a home health agency by an employment service that	953
supplies full-time, part-time, or temporary staff for positions	954
that involve providing direct care to an individual and both of	955
the following apply:	956

(1) The chief administrator of the home health agency	957
receives from the employment service confirmation that a review of	958
the databases listed in division (D) of this section was conducted	959
with regard to the applicant or employee.	960

(2) The chief administrator of the home health agency	961
receives from the employment service, applicant, or employee a	962
report of the results of a criminal records check of the applicant	963
or employee that has been conducted by the superintendent within	964
the one-year period immediately preceding the following:	965

(a) In the case of an applicant, the date of the applicant's	966
referral by the employment service to the home health agency;	967

(b) In the case of an employee, the date by which the home	968
health agency would otherwise have to request a criminal records	969
check of the employee under division (E) of this section.	970

(G)(1) A home health agency may employ conditionally an	971
applicant for whom a criminal records check request is required by	972
this section before obtaining the results of the criminal records	973
check if the agency is not prohibited by division (B) of this	974
section from employing the applicant in a position that involves	975
providing direct care to an individual and either of the following	976
applies:	977

(a) The chief administrator of the home health agency	978
requests the criminal records check in accordance with division	979
(E) of this section not later than five business days after the	980
applicant begins conditional employment.	981

(b) The applicant is referred to the home health agency by an	982
employment service, the employment service or the applicant	983
provides the chief administrator of the agency a letter that is on	984
the letterhead of the employment service, the letter is dated and	985
signed by a supervisor or another designated official of the	986
employment service, and the letter states all of the following:	987

(i) That the employment service has requested the	988
superintendent to conduct a criminal records check regarding the	989
applicant;	990

(ii) That the requested criminal records check is to include	991
a determination of whether the applicant has been convicted of,	992
pleaded guilty to, or been found eligible for intervention in lieu	993
of conviction for a disqualifying offense;	994

(iii) That the employment service has not received the	995
results of the criminal records check as of the date set forth on	996
the letter;	997

(iv) That the employment service promptly will send a copy of	998
the results of the criminal records check to the chief	999
administrator of the home health agency when the employment	1000
service receives the results.	1001

(2) If a home health agency employs an applicant	1002
conditionally pursuant to division (G)(1)(b) of this section, the	1003
employment service, on its receipt of the results of the criminal	1004
records check, promptly shall send a copy of the results to the	1005
chief administrator of the agency.	1006

(3) A home health agency that employs an applicant	1007
conditionally pursuant to division (G)(1)(a) or (b) of this	1008
section shall terminate the applicant's employment if the results	1009
of the criminal records check, other than the results of any	1010
request for information from the federal bureau of investigation,	1011
are not obtained within the period ending sixty days after the	1012
date the request for the criminal records check is made.	1013
Regardless of when the results of the criminal records check are	1014
obtained, if the results indicate that the applicant has been	1015
convicted of, pleaded guilty to, or been found eligible for	1016
intervention in lieu of conviction for a disqualifying offense,	1017
the home health agency shall terminate the applicant's employment	1018
unless circumstances specified in rules adopted under this section	1019
that permit the agency to employ the applicant exist and the	1020
agency chooses to employ the applicant. Termination of employment	1021
under this division shall be considered just cause for discharge	1022
for purposes of division (D)(2) of section 4141.29 of the Revised	1023
Code if the applicant makes any attempt to deceive the home health	1024
agency about the applicant's criminal record.	1025

(H) The report of any criminal records check conducted by the	1026
bureau of criminal identification and investigation in accordance	1027
with section 109.572 of the Revised Code and pursuant to a request	1028
made under this section is not a public record for the purposes of	1029
section 149.43 of the Revised Code and shall not be made available	1030
to any person other than the following:	1031

(1) The applicant or employee who is the subject of the	1032
criminal records check or the applicant's or employee's	1033
representative;	1034

(2) The home health agency requesting the criminal records	1035
check or its representative;	1036

(3) The administrator of any other facility, agency, or	1037
program that provides direct care to individuals that is owned or	1038
operated by the same entity that owns or operates the home health	1039
agency that requested the criminal records check;	1040

(4) The employment service that requested the criminal	1041
records check;	1042

(5) The director of health and the staff of the department of	1043
health who monitor a home health agency's compliance with this	1044
section;	1045

(6) The director of aging or the director's designee if	1046
either of the following apply:	1047

(a) In the case of a criminal records check requested by a	1048
home health agency, the home health agency also is a	1049
community-based long-term care agency;	1050

(b) In the case of a criminal records check requested by an	1051
employment service, the employment service makes the request for	1052
an applicant or employee the employment service refers to a home	1053
health agency that also is a community-based long-term care	1054
agency.	1055

(7) The director of job and family services and the staff of	1056
the department of job and family services who are involved in the	1057
administration of the medicaid program if either of the following	1058
apply:	1059

(a) In the case of a criminal records check requested by a	1060
home health agency, the home health agency also is a waiver	1061
agency;	1062

(b) In the case of a criminal records check requested by an	1063
employment service, the employment service makes the request for	1064
an applicant or employee the employment service refers to a home	1065
health agency that also is a waiver agency.	1066

(8) Any court, hearing officer, or other necessary individual	1067
involved in a case dealing with any of the following:	1068

(a) A denial of employment of the applicant or employee;

1069

(b) Employment or unemployment benefits of the applicant or	1070
employee;	1071

(c) A civil or criminal action regarding the medicaid	1072
program.	1073

(I) In a tort or other civil action for damages that is	1074
brought as the result of an injury, death, or loss to person or	1075
property caused by an applicant or employee who a home health	1076
agency employs in a position that involves providing direct care	1077
to an individual, all of the following shall apply:	1078

(1) If the home health agency employed the applicant or	1079
employee in good faith and reasonable reliance on the report of a	1080
criminal records check requested under this section, the agency	1081
shall not be found negligent solely because of its reliance on the	1082
report, even if the information in the report is determined later	1083
to have been incomplete or inaccurate.	1084

(2) If the home health agency employed the applicant in good	1085
faith on a conditional basis pursuant to division (G) of this	1086
section, the agency shall not be found negligent solely because it	1087
employed the applicant prior to receiving the report of a criminal	1088
records check requested under this section.	1089

(3) If the home health agency in good faith employed the	1090
applicant or employee according to the personal character	1091
standards established in rules adopted under this section, the	1092
agency shall not be found negligent solely because the applicant	1093
or employee had been convicted of, pleaded guilty to, or been	1094
found eligible for intervention in lieu of conviction for a	1095
disqualifying offense.	1096

(J) The director of health shall adopt rules in accordance	1097
with Chapter 119. of the Revised Code to implement this section.	1098

(1) The rules may do the following:

1099

(a) Require employees to undergo database reviews and	1100
criminal records checks under this section;	1101

(b) If the rules require employees to undergo database	1102
reviews and criminal records checks under this section, exempt one	1103
or more classes of employees from the requirements;	1104

(c) For the purpose of division (D)(7) of this section,	1105
specify other databases that are to be checked as part of a	1106
database review conducted under this section.	1107

(2) The rules shall specify all of the following:

1108

(a) The procedures for conducting database reviews under this	1109
section;	1110

(b) If the rules require employees to undergo database	1111
reviews and criminal records checks under this section, the times	1112
at which the database reviews and criminal records checks are to	1113
be conducted;	1114

(c) If the rules specify other databases to be checked as	1115
part of the database reviews, the circumstances under which a home	1116
health agency is prohibited from employing an applicant or	1117
continuing to employ an employee who is found by a database review	1118
to be included in one or more of those databases;	1119

(d) Circumstances under which a home health agency may employ	1120
an applicant or employee who is found by a criminal records check	1121
required by this section to have been convicted of, pleaded guilty	1122
to, or been found eligible for intervention in lieu of conviction	1123
for a disqualifying offense but meets personal character	1124
standards.	1125

Sec. 3712.01.  As used in this chapter:

1126

(A) "Hospice care program" means a coordinated program of	1127
home, outpatient, and inpatient care and services that is operated	1128
by a person or public agency and that provides the following care	1129
and services to hospice patients, including services as indicated	1130
below to hospice patients' families, through a medically directed	1131
interdisciplinary team, under interdisciplinary plans of care	1132
established pursuant to section 3712.06 of the Revised Code, in	1133
order to meet the physical, psychological, social, spiritual, and	1134
other special needs that are experienced during the final stages	1135
of illness, dying, and bereavement:	1136

(1) Nursing care by or under the supervision of a registered	1137
nurse;	1138

(2) Physical, occupational, or speech or language therapy,	1139
unless waived by the department of health pursuant to rules	1140
adopted under division (A) of section 3712.03 of the Revised Code;	1141

(3) Medical social services by a social worker under the	1142
direction of a physician;	1143

(4) Services of a home health aide;

1144

(5) Medical supplies, including drugs and biologicals, and	1145
the use of medical appliances;	1146

(6) Physician's services;

1147

(7) Short-term inpatient care, including both palliative and	1148
respite care and procedures;	1149

(8) Counseling for hospice patients and hospice patients'	1150
families;	1151

(9) Services of volunteers under the direction of the	1152
provider of the hospice care program;	1153

(10) Bereavement services for hospice patients' families.

1154

"Hospice care program" does not include a pediatric respite	1155
care program.	1156

(B) "Hospice patient" means a patient, other than a pediatric	1157
respite care patient, who has been diagnosed as terminally ill,	1158
has an anticipated life expectancy of six months or less, and has	1159
voluntarily requested and is receiving care from a person or	1160
public agency licensed under this chapter to provide a hospice	1161
care program.	1162

(C) "Hospice patient's family" means a hospice patient's	1163
immediate family members, including a spouse, brother, sister,	1164
child, or parent, and any other relative or individual who has	1165
significant personal ties to the patient and who is designated as	1166
a member of the patient's family by mutual agreement of the	1167
patient, the relative or individual, and the patient's	1168
interdisciplinary team.	1169

(D) "Interdisciplinary team" means a working unit composed of	1170
professional and lay persons that includes at least a physician, a	1171
registered nurse, a social worker, a member of the clergy or a	1172
counselor, and a volunteer.	1173

(E) "Palliative care" means treatment for a patient with a	1174
serious or life-threatening illness directed at controlling pain,	1175
relieving other symptoms, and enhancing the quality of life of the	1176
patient and the patient's family rather than treatment for the	1177
purpose of cure. Nothing in this section shall be interpreted to	1178
mean that palliative care can be provided only as a component of a	1179
hospice care program or pediatric respite care program.	1180

(F) "Physician" means a person authorized under Chapter 4731.	1181
of the Revised Code to practice medicine and surgery or	1182
osteopathic medicine and surgery.	1183

(G) "Attending physician" means the physician identified by	1184
the hospice patient or the, pediatric respite care patient,	1185
hospice patient's family, or pediatric respite care patient's	1186
family as having primary responsibility for the hospice patient's	1187
medical care of the hospice patient or pediatric respite care	1188
patient.	1189

(H) "Registered nurse" means a person registered under	1190
Chapter 4723. of the Revised Code to practice professional	1191
nursing.	1192

(I) "Social worker" means a person licensed under Chapter	1193
4757. of the Revised Code to practice as a social worker or	1194
independent social worker.	1195

(J) "Pediatric respite care program" means a program operated	1196
by a person or public agency that provides inpatient respite care	1197
and related services, including all of the following services,	1198
only to pediatric respite care patients and, as indicated below,	1199
pediatric respite care patients' families, in order to meet the	1200
physical, psychological, social, spiritual, and other special	1201
needs that are experienced during or leading up to the final	1202
stages of illness, dying, and bereavement:	1203

(1) Short-term inpatient care, including both palliative and	1204
respite care and procedures;	1205

(2) Nursing care by or under the supervision of a registered	1206
nurse;	1207

(3) Physician's services;

1208

(4) Medical social services by a social worker under the	1209
direction of a physician;	1210

(5) Medical supplies, including drugs and biologicals, and	1211
the use of medical appliances;	1212

(6) Counseling for pediatric respite care patients and	1213
pediatric respite care patients' families;	1214

(7) Bereavement services for respite care patients' families.

1215

"Pediatric respite care program" does not include a hospice	1216
care program.	1217

(K) "Pediatric respite care patient" means a patient, other	1218
than a hospice patient, who is less than twenty-seven years of age	1219
and to whom all of the following conditions apply:	1220

(1) The patient has been diagnosed with a disease or	1221
condition that is life-threatening and is expected to shorten the	1222
life expectancy that would have applied to the patient absent the	1223
patient's diagnosis, regardless of whether the patient is	1224
terminally ill.	1225

(2) The diagnosis described in division (K)(1) of this	1226
section occurred while the patient was less than eighteen years of	1227
age.	1228

(3) The patient has voluntarily requested and is receiving	1229
care from a person or public agency licensed under this chapter to	1230
provide a pediatric respite care program.	1231

(L) "Pediatric respite care patient's family" means a	1232
pediatric respite care patient's family members, including a	1233
spouse, brother, sister, child, or parent, and any other relative	1234
or individual who has significant personal ties to the patient and	1235
who is designated as a member of the patient's family by mutual	1236
agreement of the patient, the relative or individual, and the	1237
patient's interdisciplinary team.	1238

Sec. 3712.03.  (A) In accordance with Chapter 119. of the	1239
Revised Code, the director of health shall adopt, and may amend	1240
and rescind, rules:	1241

(1) Providing for the licensing of persons or public agencies	1242
providing hospice care programs within this state by the	1243
department of health and for the suspension and revocation of	1244
licenses;	1245

(2) Establishing a license fee and license renewal fee for	1246
hospice care programs, neither of which shall, except as provided	1247
in division (B) of this section, exceed six hundred dollars. The	1248
fees shall cover the three-year period during which an existing	1249
license is valid as provided in division (B) of section 3712.04 of	1250
the Revised Code.	1251

(3) Establishing an inspection fee for hospice care programs	1252
not to exceed, except as provided in division (B) of this section,	1253
one thousand seven hundred fifty dollars;	1254

(4) Establishing requirements for hospice care program	1255
facilities and services;	1256

(5) Providing for a waiver of the requirement for the	1257
provision of physical, occupational, or speech or language therapy	1258
contained in division (A)(2) of section 3712.01 of the Revised	1259
Code when the requirement would create a hardship because such	1260
therapy is not readily available in the geographic area served by	1261
the provider of a hospice care program;	1262

(6) Providing for the granting of licenses to provide hospice	1263
care programs to persons and public agencies that are accredited	1264
or certified to provide such programs by an entity whose standards	1265
for accreditation or certification equal or exceed those provided	1266
for licensure under this chapter and rules adopted under it;	1267

(7) Establishing interpretive guidelines for each rule	1268
adopted under this section.	1269

(B) Subject to the approval of the controlling board, the	1270
director may establish fees in excess of the maximum amounts	1271
specified in this section, provided that the fees do not exceed	1272
those amounts by greater than fifty per cent.	1273

(C) The department of health shall:

1274

(1) Grant, suspend, and revoke licenses for hospice care	1275
programs in accordance with this chapter and rules adopted under	1276
it;	1277

(2) Make such inspections as are necessary to determine	1278
whether hospice care program facilities and services meet the	1279
requirements of this chapter and rules adopted under it; and	1280

(3) Implement and enforce provisions of this chapter and	1281
rules adopted under it as such provisions apply to hospice care	1282
programs.	1283

Sec. 3712.031.  (A) In accordance with Chapter 119. of the	1284
Revised Code, the director of health shall adopt, and may amend	1285
and rescind, rules:	1286

(1) Providing for the licensing of persons or public agencies	1287
providing pediatric respite care programs within this state by the	1288
department of health and for the suspension and revocation of	1289
licenses;	1290

(2) Establishing a license fee and license renewal fee for	1291
pediatric respite care programs, neither of which shall, except as	1292
provided in division (B) of this section, exceed six hundred	1293
dollars. The fees shall cover the three-year period during which	1294
an existing license is valid as provided in division (B) of	1295
section 3712.041 of the Revised Code.	1296

(3) Establishing an inspection fee not to exceed, except as	1297
provided in division (B) of this section, one thousand seven	1298
hundred fifty dollars;	1299

(4) Establishing requirements for pediatric respite care	1300
program facilities and services;	1301

(5) Providing for the granting of licenses to provide	1302
pediatric respite care programs to persons and public agencies	1303
that are accredited or certified to provide such programs by an	1304
entity whose standards for accreditation or certification equal or	1305
exceed those provided for licensure under this chapter and rules	1306
adopted under it;	1307

(6) Establishing interpretive guidelines for each rule	1308
adopted under this section.	1309

(B) Subject to the approval of the controlling board, the	1310
director of health may establish fees in excess of the maximum	1311
amounts specified in this section, provided that the fees do not	1312
exceed those amounts by greater than fifty per cent.	1313

(C) The department of health shall:

1314

(1) Grant, suspend, and revoke licenses for pediatric respite	1315
care programs in accordance with this chapter and rules adopted	1316
under it;	1317

(2) Make such inspections as are necessary to determine	1318
whether pediatric respite care program facilities and services	1319
meet the requirements of this chapter and rules adopted under it;	1320
and	1321

(3) Implement and enforce provisions of this chapter and	1322
rules adopted under it as such provisions apply to pediatric	1323
respite care programs.	1324

Sec. 3712.041.  (A) Every person or public agency that	1325
proposes to provide a pediatric respite care program shall apply	1326
to the department of health for a license. Application shall be	1327
made on forms prescribed and provided by the department, shall	1328
include such information as the department requires, and shall be	1329
accompanied by the license fee established by rules adopted by the	1330
director of health under division (A) of section 3712.031 of the	1331
Revised Code.	1332

The department shall grant a license to the applicant if the	1333
applicant is in compliance with this chapter and rules adopted	1334
under it.	1335

(B) A license granted under this section shall be valid for	1336
three years. Application for renewal of a license shall be made at	1337
least ninety days before the expiration of the license in the same	1338
manner as for an initial license. The department shall renew the	1339
license if the applicant meets the requirements of this chapter	1340
and rules adopted under it.	1341

(C) Subject to Chapter 119. of the Revised Code, the	1342
department may suspend or revoke a license if the licensee made	1343
any material misrepresentation in the application for the license	1344
or no longer meets the requirements of this chapter or rules	1345
adopted under it.	1346

Sec. 3712.051.  (A) As used in this division, "person" does	1347
not include a member of an interdisciplinary team, as defined in	1348
section 3712.01 of the Revised Code, or any individual who is	1349
employed by a person or public agency licensed under section	1350
3712.041 of the Revised Code.	1351

Except as provided in division (B) of this section, no person	1352
or public agency, other than a person or public agency licensed	1353
pursuant to section 3712.041 of the Revised Code, shall hold	1354
itself out as providing a pediatric respite care program, or	1355
provide a pediatric respite care program, or use the term	1356
"pediatric respite care program" or any term containing "pediatric	1357
respite care" to describe or refer to a health program, facility,	1358
or agency.	1359

(B) Division (A) of this section does not apply to any of the	1360
following:	1361

(1) A hospital;

1362

(2) A nursing home or residential care facility, as those	1363
terms are defined in section 3721.01 of the Revised Code;	1364

(3) A home health agency, if it provides services under	1365
contract with a person or public agency providing a pediatric	1366
respite care program licensed under section 3712.041 of the	1367
Revised Code;	1368

(4) A regional, state, or national nonprofit organization	1369
whose members are providers of pediatric respite care programs,	1370
individuals interested in pediatric respite care programs, or	1371
both, as long as the organization does not provide or represent	1372
that it provides pediatric respite care programs;	1373

(5) A person or government entity certified under section	1374
5123.161 of the Revised Code as a supported living provider;	1375

(6) A residential facility licensed under section 5123.19 of	1376
the Revised Code;	1377

(7) A respite care home certified under section 5126.05 of	1378
the Revised Code;	1379

(8) A person providing respite care under a family support	1380
services program established under section 5126.11 of the Revised	1381
Code;	1382

(9) A person or government entity providing respite care	1383
under a medicaid waiver component that the department of	1384
developmental disabilities administers pursuant to section	1385
5111.871 of the Revised Code.	1386

(C) The department of health shall petition the court of	1387
common pleas of any county in which a person or public agency,	1388
without a license granted under section 3712.041 of the Revised	1389
Code, is holding itself out as providing a pediatric respite care	1390
program, is providing a pediatric respite care program, or is	1391
representing a health program, facility, or agency as a pediatric	1392
respite care program, for an order enjoining that person or public	1393
agency from conducting those activities without a license. The	1394
court has jurisdiction to grant injunctive relief upon a showing	1395
that the respondent named in the petition is conducting those	1396
activities without a license.	1397

Any person or public agency may request the department to	1398
petition the court for injunctive relief under this division, and	1399
the department shall do so if it determines that the person or	1400
public agency named in the request is violating division (A) of	1401
this section.	1402

Sec. 3712.061. (A) Any person or public agency licensed under	1403
section 3712.041 of the Revised Code to provide a pediatric	1404
respite care program shall do all of the following:	1405

(1) Provide a planned and continuous pediatric respite care	1406
program, the medical components of which shall be under the	1407
direction of a physician;	1408

(2) Ensure that care is available twenty-four hours a day and	1409
seven days a week;	1410

(3) Establish an interdisciplinary plan of care for each	1411
pediatric respite care patient and the patient's family that:	1412

(a) Is coordinated by one designated individual who shall	1413
ensure that all components of the plan of care are addressed and	1414
implemented;	1415

(b) Addresses maintenance of patient-family participation in	1416
decision making; and	1417

(c) Is reviewed by the patient's attending physician and by	1418
the patient's interdisciplinary team immediately prior to or on	1419
admission to each session of respite care.	1420

(4) Have an interdisciplinary team or teams that provide or	1421
supervise the provision of pediatric respite care program services	1422
and establish the policies governing the provision of the	1423
services;	1424

(5) Maintain central clinical records on all pediatric	1425
respite care patients under its care.	1426

(B) A provider of a pediatric respite care program may	1427
arrange for another person or public agency to furnish a component	1428
or components of the pediatric respite care program pursuant to a	1429
written contract. When a provider of a pediatric respite care	1430
program arranges for a home health agency to furnish a component	1431
or components of the pediatric respite care program to its	1432
patient, the care shall be provided by a home health agency	1433
pursuant to a written contract under which:	1434

(1) The provider of a pediatric respite care program	1435
furnishes to the contractor a copy of the pediatric respite care	1436
patient's interdisciplinary plan of care that is established under	1437
division (A)(3) of this section and specifies the care that is to	1438
be furnished by the contractor;	1439

(2) The regimen described in the established plan of care is	1440
continued while the pediatric respite care patient receives care	1441
from the contractor, subject to the patient's needs, and with	1442
approval of the coordinator of the interdisciplinary team	1443
designated pursuant to division (A)(3)(a) of this section;	1444

(3) All care, treatment, and services furnished by the	1445
contractor are entered into the pediatric respite care patient's	1446
medical record;	1447

(4) The designated coordinator of the interdisciplinary team	1448
ensures conformance with the established plan of care; and	1449

(5) A copy of the contractor's medical record and discharge	1450
summary is retained as part of the pediatric respite care	1451
patient's medical record.	1452

Sec. 3712.09.  (A) As used in this section:

1453

(1) "Applicant" means a person who is under final	1454
consideration for employment with a hospice care program or	1455
pediatric respite care program in a full-time, part-time, or	1456
temporary position that involves providing direct care to an older	1457
adult or pediatric respite care patient. "Applicant" does not	1458
include a person who provides direct care as a volunteer without	1459
receiving or expecting to receive any form of remuneration other	1460
than reimbursement for actual expenses.	1461

(2) "Criminal records check" has the same meaning as in	1462
section 109.572 of the Revised Code.	1463

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

1464

(B)(1) Except as provided in division (I) of this section,	1465
the chief administrator of a hospice care program or pediatric	1466
respite care program shall request that the superintendent of the	1467
bureau of criminal identification and investigation conduct a	1468
criminal records check of each applicant. If an applicant for whom	1469
a criminal records check request is required under this division	1470
does not present proof of having been a resident of this state for	1471
the five-year period immediately prior to the date the criminal	1472
records check is requested or provide evidence that within that	1473
five-year period the superintendent has requested information	1474
about the applicant from the federal bureau of investigation in a	1475
criminal records check, the chief administrator shall request that	1476
the superintendent obtain information from the federal bureau of	1477
investigation as part of the criminal records check of the	1478
applicant. Even if an applicant for whom a criminal records check	1479
request is required under this division presents proof of having	1480
been a resident of this state for the five-year period, the chief	1481
administrator may request that the superintendent include	1482
information from the federal bureau of investigation in the	1483
criminal records check.	1484

(2) A person required by division (B)(1) of this section to	1485
request a criminal records check shall do both of the following:	1486

(a) Provide to each applicant for whom a criminal records	1487
check request is required under that division a copy of the form	1488
prescribed pursuant to division (C)(1) of section 109.572 of the	1489
Revised Code and a standard fingerprint impression sheet	1490
prescribed pursuant to division (C)(2) of that section, and obtain	1491
the completed form and impression sheet from the applicant;	1492

(b) Forward the completed form and impression sheet to the	1493
superintendent of the bureau of criminal identification and	1494
investigation.	1495

(3) An applicant provided the form and fingerprint impression	1496
sheet under division (B)(2)(a) of this section who fails to	1497
complete the form or provide fingerprint impressions shall not be	1498
employed in any position for which a criminal records check is	1499
required by this section.	1500

(C)(1) Except as provided in rules adopted by the director of	1501
health in accordance with division (F) of this section and subject	1502
to division (C)(2) of this section, no hospice care program or	1503
pediatric respite care program shall employ a person in a position	1504
that involves providing direct care to an older adult or pediatric	1505
respite care patient if the person has been convicted of or	1506
pleaded guilty to any of the following:	1507

(a) A violation of section 2903.01, 2903.02, 2903.03,	1508
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1509
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1510
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1511
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1512
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1513
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1514
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1515
2925.22, 2925.23, or 3716.11 of the Revised Code.	1516

(b) A violation of an existing or former law of this state,	1517
any other state, or the United States that is substantially	1518
equivalent to any of the offenses listed in division (C)(1)(a) of	1519
this section.	1520

(2)(a) A hospice care program or pediatric respite care	1521
program may employ conditionally an applicant for whom a criminal	1522
records check request is required under division (B) of this	1523
section prior to obtaining the results of a criminal records check	1524
regarding the individual, provided that the program shall request	1525
a criminal records check regarding the individual in accordance	1526
with division (B)(1) of this section not later than five business	1527
days after the individual begins conditional employment. In the	1528
circumstances described in division (I)(2) of this section, a	1529
hospice care program or pediatric respite care program may employ	1530
conditionally an applicant who has been referred to the hospice	1531
care program or pediatric respite care program by an employment	1532
service that supplies full-time, part-time, or temporary staff for	1533
positions involving the direct care of older adults or pediatric	1534
respite care patients and for whom, pursuant to that division, a	1535
criminal records check is not required under division (B) of this	1536
section.	1537

(b) A hospice care program or pediatric respite care program	1538
that employs an individual conditionally under authority of	1539
division (C)(2)(a) of this section shall terminate the	1540
individual's employment if the results of the criminal records	1541
check requested under division (B) of this section or described in	1542
division (I)(2) of this section, other than the results of any	1543
request for information from the federal bureau of investigation,	1544
are not obtained within the period ending thirty days after the	1545
date the request is made. Regardless of when the results of the	1546
criminal records check are obtained, if the results indicate that	1547
the individual has been convicted of or pleaded guilty to any of	1548
the offenses listed or described in division (C)(1) of this	1549
section, the program shall terminate the individual's employment	1550
unless the program chooses to employ the individual pursuant to	1551
division (F) of this section. Termination of employment under this	1552
division shall be considered just cause for discharge for purposes	1553
of division (D)(2) of section 4141.29 of the Revised Code if the	1554
individual makes any attempt to deceive the program about the	1555
individual's criminal record.	1556

(D)(1) Each hospice care program or pediatric respite care	1557
program shall pay to the bureau of criminal identification and	1558
investigation the fee prescribed pursuant to division (C)(3) of	1559
section 109.572 of the Revised Code for each criminal records	1560
check conducted pursuant to a request made under division (B) of	1561
this section.	1562

(2) A hospice care program or pediatric respite care program	1563
may charge an applicant a fee not exceeding the amount the program	1564
pays under division (D)(1) of this section. A program may collect	1565
a fee only if both of the following apply:	1566

(a) The program notifies the person at the time of initial	1567
application for employment of the amount of the fee and that,	1568
unless the fee is paid, the person will not be considered for	1569
employment;	1570

(b) The medical assistance program established under Chapter	1571
5111. of the Revised Code does not reimburse the program the fee	1572
it pays under division (D)(1) of this section.	1573

(E) The report of a criminal records check conducted pursuant	1574
to a request made under this section is not a public record for	1575
the purposes of section 149.43 of the Revised Code and shall not	1576
be made available to any person other than the following:	1577

(1) The individual who is the subject of the criminal records	1578
check or the individual's representative;	1579

(2) The chief administrator of the program requesting the	1580
criminal records check or the administrator's representative;	1581

(3) The administrator of any other facility, agency, or	1582
program that provides direct care to older adults or pediatric	1583
respite care patients that is owned or operated by the same entity	1584
that owns or operates the hospice care program or pediatric	1585
respite care program;	1586

(4) A court, hearing officer, or other necessary individual	1587
involved in a case dealing with a denial of employment of the	1588
applicant or dealing with employment or unemployment benefits of	1589
the applicant;	1590

(5) Any person to whom the report is provided pursuant to,	1591
and in accordance with, division (I)(1) or (2) of this section.	1592

(F) The director of health shall adopt rules in accordance	1593
with Chapter 119. of the Revised Code to implement this section.	1594
The rules shall specify circumstances under which a hospice care	1595
program or pediatric respite care program may employ a person who	1596
has been convicted of or pleaded guilty to an offense listed or	1597
described in division (C)(1) of this section but meets personal	1598
character standards set by the director.	1599

(G) The chief administrator of a hospice care program or	1600
pediatric respite care program shall inform each individual, at	1601
the time of initial application for a position that involves	1602
providing direct care to an older adult or pediatric respite care	1603
patient, that the individual is required to provide a set of	1604
fingerprint impressions and that a criminal records check is	1605
required to be conducted if the individual comes under final	1606
consideration for employment.	1607

(H) In a tort or other civil action for damages that is	1608
brought as the result of an injury, death, or loss to person or	1609
property caused by an individual who a hospice care program or	1610
pediatric respite care program employs in a position that involves	1611
providing direct care to older adults or pediatric respite care	1612
patients, all of the following shall apply:	1613

(1) If the program employed the individual in good faith and	1614
reasonable reliance on the report of a criminal records check	1615
requested under this section, the program shall not be found	1616
negligent solely because of its reliance on the report, even if	1617
the information in the report is determined later to have been	1618
incomplete or inaccurate;	1619

(2) If the program employed the individual in good faith on a	1620
conditional basis pursuant to division (C)(2) of this section, the	1621
program shall not be found negligent solely because it employed	1622
the individual prior to receiving the report of a criminal records	1623
check requested under this section;	1624

(3) If the program in good faith employed the individual	1625
according to the personal character standards established in rules	1626
adopted under division (F) of this section, the program shall not	1627
be found negligent solely because the individual prior to being	1628
employed had been convicted of or pleaded guilty to an offense	1629
listed or described in division (C)(1) of this section.	1630

(I)(1) The chief administrator of a hospice care program or	1631
pediatric respite care program is not required to request that the	1632
superintendent of the bureau of criminal identification and	1633
investigation conduct a criminal records check of an applicant if	1634
the applicant has been referred to the program by an employment	1635
service that supplies full-time, part-time, or temporary staff for	1636
positions involving the direct care of older adults or pediatric	1637
respite care patients and both of the following apply:	1638

(a) The chief administrator receives from the employment	1639
service or the applicant a report of the results of a criminal	1640
records check regarding the applicant that has been conducted by	1641
the superintendent within the one-year period immediately	1642
preceding the applicant's referral;	1643

(b) The report of the criminal records check demonstrates	1644
that the person has not been convicted of or pleaded guilty to an	1645
offense listed or described in division (C)(1) of this section, or	1646
the report demonstrates that the person has been convicted of or	1647
pleaded guilty to one or more of those offenses, but the hospice	1648
care program or pediatric respite care program chooses to employ	1649
the individual pursuant to division (F) of this section.	1650

(2) The chief administrator of a hospice care program or	1651
pediatric respite care program is not required to request that the	1652
superintendent of the bureau of criminal identification and	1653
investigation conduct a criminal records check of an applicant and	1654
may employ the applicant conditionally as described in this	1655
division, if the applicant has been referred to the program by an	1656
employment service that supplies full-time, part-time, or	1657
temporary staff for positions involving the direct care of older	1658
adults or pediatric respite care patients and if the chief	1659
administrator receives from the employment service or the	1660
applicant a letter from the employment service that is on the	1661
letterhead of the employment service, dated, and signed by a	1662
supervisor or another designated official of the employment	1663
service and that states that the employment service has requested	1664
the superintendent to conduct a criminal records check regarding	1665
the applicant, that the requested criminal records check will	1666
include a determination of whether the applicant has been	1667
convicted of or pleaded guilty to any offense listed or described	1668
in division (C)(1) of this section, that, as of the date set forth	1669
on the letter, the employment service had not received the results	1670
of the criminal records check, and that, when the employment	1671
service receives the results of the criminal records check, it	1672
promptly will send a copy of the results to the hospice care	1673
program or pediatric respite care program. If a hospice care	1674
program or pediatric respite care program employs an applicant	1675
conditionally in accordance with this division, the employment	1676
service, upon its receipt of the results of the criminal records	1677
check, promptly shall send a copy of the results to the hospice	1678
care program or pediatric respite care program, and division	1679
(C)(2)(b) of this section applies regarding the conditional	1680
employment.	1681

Sec. 3712.99.  Any person who violates division (A) of	1682
section 3712.05 or division (A) of section 3712.051 of the Revised	1683
Code is guilty of a misdemeanor of the second degree on a first	1684
offense; on each subsequent offense the person is guilty of a	1685
misdemeanor of the first degree.	1686

Sec. 3721.01.  (A) As used in sections 3721.01 to 3721.09 and	1687
3721.99 of the Revised Code:	1688

(1)(a) "Home" means an institution, residence, or facility	1689
that provides, for a period of more than twenty-four hours,	1690
whether for a consideration or not, accommodations to three or	1691
more unrelated individuals who are dependent upon the services of	1692
others, including a nursing home, residential care facility, home	1693
for the aging, and a veterans' home operated under Chapter 5907.	1694
of the Revised Code.	1695

(b) "Home" also means both of the following:

1696

(i) Any facility that a person, as defined in section 3702.51	1697
of the Revised Code, proposes for certification as a skilled	1698
nursing facility or nursing facility under Title XVIII or XIX of	1699
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	1700
as amended, and for which a certificate of need, other than a	1701
certificate to recategorize hospital beds as described in section	1702
3702.521 of the Revised Code or division (R)(7)(d) of the version	1703
of section 3702.51 of the Revised Code in effect immediately prior	1704
to April 20, 1995, has been granted to the person under sections	1705
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	1706

(ii) A county home or district home that is or has been	1707
licensed as a residential care facility.	1708

(c) "Home" does not mean any of the following:

1709

(i) Except as provided in division (A)(1)(b) of this section,	1710
a public hospital or hospital as defined in section 3701.01 or	1711
5122.01 of the Revised Code;	1712

(ii) A residential facility as defined in section 5119.22 of	1713
the Revised Code;	1714

(iii) A residential facility as defined in section 5123.19 of	1715
the Revised Code;	1716

(iv) An alcohol or drug addiction program as defined in	1717
section 3793.01 of the Revised Code;	1718

(v) A facility licensed to provide methadone treatment under	1719
section 3793.11 of the Revised Code;	1720

(vi) A facility providing services under contract with the	1721
department of developmental disabilities under section 5123.18 of	1722
the Revised Code;	1723

(vii) A facility operated by a hospice care program licensed	1724
under section 3712.04 of the Revised Code that is used exclusively	1725
for care of hospice patients;	1726

(viii) A facility operated by a pediatric respite care	1727
program licensed under section 3712.041 of the Revised Code that	1728
is used exclusively for care of pediatric respite care patients;	1729

(ix) A facility, infirmary, or other entity that is operated	1730
by a religious order, provides care exclusively to members of	1731
religious orders who take vows of celibacy and live by virtue of	1732
their vows within the orders as if related, and does not	1733
participate in the medicare program established under Title XVIII	1734
of the "Social Security Act" or the medical assistance program	1735
established under Chapter 5111. of the Revised Code and Title XIX	1736
of the "Social Security Act," if on January 1, 1994, the facility,	1737
infirmary, or entity was providing care exclusively to members of	1738
the religious order;	1739

(ix)(x) A county home or district home that has never been	1740
licensed as a residential care facility.	1741

(2) "Unrelated individual" means one who is not related to	1742
the owner or operator of a home or to the spouse of the owner or	1743
operator as a parent, grandparent, child, grandchild, brother,	1744
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	1745
uncle.	1746

(3) "Mental impairment" does not mean mental illness as	1747
defined in section 5122.01 of the Revised Code or mental	1748
retardation as defined in section 5123.01 of the Revised Code.	1749

(4) "Skilled nursing care" means procedures that require	1750
technical skills and knowledge beyond those the untrained person	1751
possesses and that are commonly employed in providing for the	1752
physical, mental, and emotional needs of the ill or otherwise	1753
incapacitated. "Skilled nursing care" includes, but is not limited	1754
to, the following:	1755

(a) Irrigations, catheterizations, application of dressings,	1756
and supervision of special diets;	1757

(b) Objective observation of changes in the patient's	1758
condition as a means of analyzing and determining the nursing care	1759
required and the need for further medical diagnosis and treatment;	1760

(c) Special procedures contributing to rehabilitation;

1761

(d) Administration of medication by any method ordered by a	1762
physician, such as hypodermically, rectally, or orally, including	1763
observation of the patient after receipt of the medication;	1764

(e) Carrying out other treatments prescribed by the physician	1765
that involve a similar level of complexity and skill in	1766
administration.	1767

(5)(a) "Personal care services" means services including, but	1768
not limited to, the following:	1769

(i) Assisting residents with activities of daily living;

1770

(ii) Assisting residents with self-administration of	1771
medication, in accordance with rules adopted under section 3721.04	1772
of the Revised Code;	1773

(iii) Preparing special diets, other than complex therapeutic	1774
diets, for residents pursuant to the instructions of a physician	1775
or a licensed dietitian, in accordance with rules adopted under	1776
section 3721.04 of the Revised Code.	1777

(b) "Personal care services" does not include "skilled	1778
nursing care" as defined in division (A)(4) of this section. A	1779
facility need not provide more than one of the services listed in	1780
division (A)(5)(a) of this section to be considered to be	1781
providing personal care services.	1782

(6) "Nursing home" means a home used for the reception and	1783
care of individuals who by reason of illness or physical or mental	1784
impairment require skilled nursing care and of individuals who	1785
require personal care services but not skilled nursing care. A	1786
nursing home is licensed to provide personal care services and	1787
skilled nursing care.	1788

(7) "Residential care facility" means a home that provides	1789
either of the following:	1790

(a) Accommodations for seventeen or more unrelated	1791
individuals and supervision and personal care services for three	1792
or more of those individuals who are dependent on the services of	1793
others by reason of age or physical or mental impairment;	1794

(b) Accommodations for three or more unrelated individuals,	1795
supervision and personal care services for at least three of those	1796
individuals who are dependent on the services of others by reason	1797
of age or physical or mental impairment, and, to at least one of	1798
those individuals, any of the skilled nursing care authorized by	1799
section 3721.011 of the Revised Code.	1800

(8) "Home for the aging" means a home that provides services	1801
as a residential care facility and a nursing home, except that the	1802
home provides its services only to individuals who are dependent	1803
on the services of others by reason of both age and physical or	1804
mental impairment.	1805

The part or unit of a home for the aging that provides	1806
services only as a residential care facility is licensed as a	1807
residential care facility. The part or unit that may provide	1808
skilled nursing care beyond the extent authorized by section	1809
3721.011 of the Revised Code is licensed as a nursing home.	1810

(9) "County home" and "district home" mean a county home or	1811
district home operated under Chapter 5155. of the Revised Code.	1812

(B) The director of health may further classify homes. For	1813
the purposes of this chapter, any residence, institution, hotel,	1814
congregate housing project, or similar facility that meets the	1815
definition of a home under this section is such a home regardless	1816
of how the facility holds itself out to the public.	1817

(C) For purposes of this chapter, personal care services or	1818
skilled nursing care shall be considered to be provided by a	1819
facility if they are provided by a person employed by or	1820
associated with the facility or by another person pursuant to an	1821
agreement to which neither the resident who receives the services	1822
nor the resident's sponsor is a party.	1823

(D) Nothing in division (A)(4) of this section shall be	1824
construed to permit skilled nursing care to be imposed on an	1825
individual who does not require skilled nursing care.	1826

Nothing in division (A)(5) of this section shall be construed	1827
to permit personal care services to be imposed on an individual	1828
who is capable of performing the activity in question without	1829
assistance.	1830

(E) Division (A)(1)(c)(viii)(ix) of this section does not	1831
prohibit a facility, infirmary, or other entity described in that	1832
division from seeking licensure under sections 3721.01 to 3721.09	1833
of the Revised Code or certification under Title XVIII or XIX of	1834
the "Social Security Act." However, such a facility, infirmary, or	1835
entity that applies for licensure or certification must meet the	1836
requirements of those sections or titles and the rules adopted	1837
under them and obtain a certificate of need from the director of	1838
health under section 3702.52 of the Revised Code.	1839

(F) Nothing in this chapter, or rules adopted pursuant to it,	1840
shall be construed as authorizing the supervision, regulation, or	1841
control of the spiritual care or treatment of residents or	1842
patients in any home who rely upon treatment by prayer or	1843
spiritual means in accordance with the creed or tenets of any	1844
recognized church or religious denomination.	1845

Sec. 3793.11.  (A) No alcohol and drug addiction program	1846
shall employ methadone treatment or prescribe, dispense, or	1847
administer methadone unless the program is licensed under this	1848
section. No alcohol and drug addiction program licensed under this	1849
section shall maintain methadone treatment in a manner	1850
inconsistent with this section and the rules adopted under it.	1851

(B) An alcohol and drug addiction program may apply to the	1852
department of alcohol and drug addiction services for a license to	1853
maintain methadone treatment. The department shall review all	1854
applications received.	1855

(C) The department may issue a license to maintain methadone	1856
treatment to an alcohol and drug addiction program only if all of	1857
the following apply:	1858

(1) The program is operated by a private, nonprofit	1859
organization or by a government entity;	1860

(2) For at least two years immediately preceding the date of	1861
application, the program has been fully certified under section	1862
3793.06 of the Revised Code;	1863

(3) The program has not been denied a license to maintain	1864
methadone treatment or had its license withdrawn or revoked within	1865
the five-year period immediately preceding the date of	1866
application;	1867

(4) It affirmatively appears to the department that the	1868
program is adequately staffed and equipped to maintain methadone	1869
treatment;	1870

(5) It affirmatively appears to the department that the	1871
program will conductmaintain methadone treatment in strict	1872
compliance with section 3719.61 of the Revised Code, all other	1873
laws relating to drug abuse, and the rules adopted by the	1874
department;	1875

(6) Except as provided in division (D) of this section, there	1876
is no public or private school, licensed child day-care center, or	1877
other child-serving agency within a radius of five hundred feet of	1878
the location where the program is to maintain methadone treatment.	1879

(D) The department may waive the requirement of division	1880
(C)(6) of this section if it receives, from each public or private	1881
school, licensed child day-care center, or other child-serving	1882
agency that is within the applicable radius of the location where	1883
the program is to maintain methadone treatment, a letter of	1884
support for the location. The department shall determine whether a	1885
letter of support is satisfactory for purposes of waiving the	1886
requirement.	1887

(D)(E) A license to maintain methadone treatment shall expire	1888
one year from the date of issuance. Licenses may be renewed.	1889

(E)(F) The department shall establish procedures and adopt	1890
rules for licensing, inspection, and supervision of alcohol and	1891
drug addiction programs that maintain methadone treatment. The	1892
rules shall establish standards for the control, storage,	1893
furnishing, use, and dispensing of methadone, prescribe minimum	1894
standards for the operation of the methadone treatment component	1895
of the program, and comply with federal laws and regulations.	1896

All rules adopted under this division shall be adopted in	1897
accordance with Chapter 119. of the Revised Code. All actions	1898
taken by the department regarding the licensing of programs to	1899
maintain methadone treatment shall be conducted in accordance with	1900
Chapter 119. of the Revised Code, except as provided in division	1901
(K)(L) of this section.	1902

(F)(G) The department of alcohol and drug addiction services	1903
shall inspect all alcohol and drug addiction programs licensed to	1904
maintain methadone treatment. Inspections shall be conducted at	1905
least annually and may be conducted more frequently. No person or	1906
government entity shall interfere with a state or local government	1907
official acting on behalf of the department while conducting an	1908
inspection.	1909

(G)(H) An alcohol and drug addiction program shall not	1910
administer or dispense methadone in a tablet, powder, or	1911
intravenous form. Methadone shall be administered or dispensed	1912
only in a liquid form intended for ingestion. A program shall not	1913
administer or dispense methadone to an individual for pain or	1914
other medical reasons.	1915

(H)(1)(I) As used in this division, "program sponsor" means a	1916
person who assumes responsibility for the operation and employees	1917
of the methadone treatment component of an alcohol and drug	1918
addiction program.	1919

(2) An alcohol and drug addiction program shall not employ an	1920
individual who receives methadone treatment from that program. A	1921
program shall not permit an individual to act as a program	1922
sponsor, medical director, or director of the program if the	1923
individual is receiving methadone treatment from any alcohol and	1924
drug addiction program.	1925

(I)(J) The department may issue orders to assure compliance	1926
with section 3719.61 of the Revised Code, all other laws relating	1927
to drug abuse, and the rules adopted under this section. Subject	1928
to section 3793.13 of the Revised Code, the department may hold	1929
hearings, require the production of relevant matter, compel	1930
testimony, issue subpoenas, and make adjudications. Upon failure	1931
of a person without lawful excuse to obey a subpoena or to produce	1932
relevant matter, the department may apply to a court of common	1933
pleas for an order compelling compliance.	1934

(J)(K) The department may refuse to issue, or may withdraw or	1935
revoke, a license to maintain methadone treatment. A license may	1936
be refused if an alcohol and drug addiction program does not meet	1937
the requirements of division (C) of this section. A license may be	1938
withdrawn at any time the department determines that the program	1939
no longer meets the requirements for receiving the license. A	1940
license may be revoked in accordance with division (K)(L) of this	1941
section.	1942

(K)In the case of a license issued prior to the effective	1943
date of this amendment, the department shall not consider the	1944
requirement of division (C)(6) of this section in determining	1945
whether to renew, withdraw, or revoke the license.	1946

(L) If the department of alcohol and drug addiction services	1947
finds reasonable cause to believe that an alcohol and drug	1948
addiction program licensed under this section is in violation of	1949
any provision of section 3719.61 of the Revised Code, or of any	1950
other state or federal law or rule relating to drug abuse, the	1951
department may issue an order immediately revoking the license,	1952
subject to division (L)(M) of this section. The department shall	1953
set a date not more than fifteen days later than the date of the	1954
order of revocation for a hearing on the continuation or	1955
cancellation of the revocation. For good cause, the department may	1956
continue the hearing on application of any interested party. In	1957
conducting hearings, the department has all the authority and	1958
power set forth in division (I)(J) of this section. Following the	1959
hearing, the department shall either confirm or cancel the	1960
revocation. The hearing shall be conducted in accordance with	1961
Chapter 119. of the Revised Code, except that the program shall	1962
not be permitted to maintain methadone treatment pending the	1963
hearing or pending any appeal from an adjudication made as a	1964
result of the hearing. Notwithstanding any provision of Chapter	1965
119. of the Revised Code to the contrary, a court shall not stay	1966
or suspend any order of revocation issued by the director under	1967
this division pending judicial appeal.	1968

(L)(M) The department shall not revoke a license to maintain	1969
methadone treatment unless all clients receiving methadone	1970
treatment from the alcohol and drug addiction program are provided	1971
adequate substitute treatment. For purposes of this division, the	1972
department may transfer the clients to other programs licensed to	1973
maintain methadone treatment or replace any or all of the	1974
administrators and staff of the program with representatives of	1975
the department who shall continue on a provisional basis the	1976
methadone treatment component of the program.	1977

(M)(N) Each time the department receives an application from	1978
an alcohol and drug addiction program for a license to maintain	1979
methadone treatment, issues or refuses to issue a license, or	1980
withdraws or revokes a license, the department shall notify the	1981
board of alcohol, drug addiction, and mental health services of	1982
each alcohol, drug addiction, and mental health service district	1983
in which the program is operated.	1984

(N)(O) Whenever it appears to the department from files, upon	1985
complaint, or otherwise, that an alcohol and drug addiction	1986
program has engaged in any practice declared to be illegal or	1987
prohibited by section 3719.61 of the Revised Code, or any other	1988
state or federal laws or regulations relating to drug abuse, or	1989
when the department believes it to be in the best interest of the	1990
public and necessary for the protection of the citizens of the	1991
state, the department may request criminal proceedings by laying	1992
before the prosecuting attorney of the proper county any evidence	1993
of criminality which may come to its knowledge.	1994

(O)(P) The department shall maintain a current list of	1995
alcohol and drug addiction programs licensed by the department	1996
under division (C) of this section and shall provide a copy of the	1997
current list to a judge of a court of common pleas who requests a	1998
copy for the use of the judge under division (H) of section	1999
2925.03 of the Revised Code. The list of licensed alcohol and drug	2000
addiction programs shall identify each licensed program by its	2001
name, its address, and the county in which it is located.	2002

Sec. 3795.01. As used in sections 3795.01, 3795.02, and	2003
3795.03 of the Revised Code:	2004

(A) "Assist suicide" or "assisting suicide" means knowingly	2005
doing either of the following, with the purpose of helping another	2006
person to commit or attempt suicide:	2007

(1) Providing the physical means by which the person commits	2008
or attempts to commit suicide;	2009

(2) Participating in a physical act by which the person	2010
commits or attempts to commit suicide.	2011

(B) "Certified nurse practitioner," "certified	2012
nurse-midwife," and "clinical nurse specialist" have the same	2013
meanings as in section 4723.01 of the Revised Code.	2014

(C) "CPR" has the same meaning as in section 2133.21 of the	2015
Revised Code.	2016

(D) "Health care" means any care, treatment, service, or	2017
procedure to maintain, diagnose, or treat a person's physical or	2018
mental condition.	2019

(E) "Health care decision" means informed consent, refusal to	2020
give informed consent, or withdrawal of informed consent to health	2021
care.	2022

(F) "Health care facility" means any of the following:

2023

(1) A hospital;

2024

(2) A hospice care program or pediatric respite care program	2025
as defined in section 3712.01 of the Revised Code;	2026

(3) A nursing home;

2027

(4) A home health agency;

2028

(5) An intermediate care facility for the mentally retarded.

2029

(G) "Health care personnel" means physicians, nurses,	2030
physician assistants, emergency medical technicians-basic,	2031
emergency medical technicians-intermediate, emergency medical	2032
technicians-paramedic, medical technicians, dietitians, other	2033
authorized persons acting under the direction of an attending	2034
physician, and administrators of health care facilities.	2035

(H) "Physician" means a person who is authorized under	2036
Chapter 4731. of the Revised Code to practice medicine and surgery	2037
or osteopathic medicine and surgery.	2038

Sec. 3963.01. As used in this chapter:

2039

(A) "Affiliate" means any person or entity that has ownership	2040
or control of a contracting entity, is owned or controlled by a	2041
contracting entity, or is under common ownership or control with a	2042
contracting entity.	2043

(B) "Basic health care services" has the same meaning as in	2044
division (A) of section 1751.01 of the Revised Code, except that	2045
it does not include any services listed in that division that are	2046
provided by a pharmacist or nursing home.	2047

(C) "Contracting entity" means any person that has a primary	2048
business purpose of contracting with participating providers for	2049
the delivery of health care services.	2050

(D) "Credentialing" means the process of assessing and	2051
validating the qualifications of a provider applying to be	2052
approved by a contracting entity to provide basic health care	2053
services, specialty health care services, or supplemental health	2054
care services to enrollees.	2055

(E) "Edit" means adjusting one or more procedure codes billed	2056
by a participating provider on a claim for payment or a practice	2057
that results in any of the following:	2058

(1) Payment for some, but not all of the procedure codes	2059
originally billed by a participating provider;	2060

(2) Payment for a different procedure code than the procedure	2061
code originally billed by a participating provider;	2062

(3) A reduced payment as a result of services provided to an	2063
enrollee that are claimed under more than one procedure code on	2064
the same service date.	2065

(F) "Electronic claims transport" means to accept and	2066
digitize claims or to accept claims already digitized, to place	2067
those claims into a format that complies with the electronic	2068
transaction standards issued by the United States department of	2069
health and human services pursuant to the "Health Insurance	2070
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	2071
U.S.C. 1320d, et seq., as those electronic standards are	2072
applicable to the parties and as those electronic standards are	2073
updated from time to time, and to electronically transmit those	2074
claims to the appropriate contracting entity, payer, or	2075
third-party administrator.	2076

(G) "Enrollee" means any person eligible for health care	2077
benefits under a health benefit plan, including an eligible	2078
recipient of medicaid under Chapter 5111. of the Revised Code, and	2079
includes all of the following terms:	2080

(1) "Enrollee" and "subscriber" as defined by section 1751.01	2081
of the Revised Code;	2082

(2) "Member" as defined by section 1739.01 of the Revised	2083
Code;	2084

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	2085
the Revised Code;	2086

(4) "Beneficiary" as defined by section 3901.38 of the	2087
Revised Code.	2088

(H) "Health care contract" means a contract entered into,	2089
materially amended, or renewed between a contracting entity and a	2090
participating provider for the delivery of basic health care	2091
services, specialty health care services, or supplemental health	2092
care services to enrollees.	2093

(I) "Health care services" means basic health care services,	2094
specialty health care services, and supplemental health care	2095
services.	2096

(J) "Material amendment" means an amendment to a health care	2097
contract that decreases the participating provider's payment or	2098
compensation, changes the administrative procedures in a way that	2099
may reasonably be expected to significantly increase the	2100
provider's administrative expenses, or adds a new product. A	2101
material amendment does not include any of the following:	2102

(1) A decrease in payment or compensation resulting solely	2103
from a change in a published fee schedule upon which the payment	2104
or compensation is based and the date of applicability is clearly	2105
identified in the contract;	2106

(2) A decrease in payment or compensation that was	2107
anticipated under the terms of the contract, if the amount and	2108
date of applicability of the decrease is clearly identified in the	2109
contract;	2110

(3) An administrative change that may significantly increase	2111
the provider's administrative expense, the specific applicability	2112
of which is clearly identified in the contract;	2113

(4) Changes to an existing prior authorization,	2114
precertification, notification, or referral program that do not	2115
substantially increase the provider's administrative expense;	2116

(5) Changes to an edit program or to specific edits if the	2117
participating provider is provided notice of the changes pursuant	2118
to division (A)(1) of section 3963.04 of the Revised Code and the	2119
notice includes information sufficient for the provider to	2120
determine the effect of the change;	2121

(6) Changes to a health care contract described in division	2122
(B) of section 3963.04 of the Revised Code.	2123

(K) "Participating provider" means a provider that has a	2124
health care contract with a contracting entity and is entitled to	2125
reimbursement for health care services rendered to an enrollee	2126
under the health care contract.	2127

(L) "Payer" means any person that assumes the financial risk	2128
for the payment of claims under a health care contract or the	2129
reimbursement for health care services provided to enrollees by	2130
participating providers pursuant to a health care contract.	2131

(M) "Primary enrollee" means a person who is responsible for	2132
making payments for participation in a health care plan or an	2133
enrollee whose employment or other status is the basis of	2134
eligibility for enrollment in a health care plan.	2135

(N) "Procedure codes" includes the American medical	2136
association's current procedural terminology code, the American	2137
dental association's current dental terminology, and the centers	2138
for medicare and medicaid services health care common procedure	2139
coding system.	2140

(O) "Product" means one of the following types of categories	2141
of coverage for which a participating provider may be obligated to	2142
provide health care services pursuant to a health care contract:	2143

(1) A health maintenance organization or other product	2144
provided by a health insuring corporation;	2145

(2) A preferred provider organization;

2146

(3) Medicare;

2147

(4) Medicaid;

2148

(5) Workers' compensation.

2149

(P) "Provider" means a physician, podiatrist, dentist,	2150
chiropractor, optometrist, psychologist, physician assistant,	2151
advanced practice nurse, occupational therapist, massage	2152
therapist, physical therapist, professional counselor,	2153
professional clinical counselor, hearing aid dealer, orthotist,	2154
prosthetist, home health agency, hospice care program, pediatric	2155
respite care program, or hospital, or a provider organization or	2156
physician-hospital organization that is acting exclusively as an	2157
administrator on behalf of a provider to facilitate the provider's	2158
participation in health care contracts. "Provider" does not mean a	2159
pharmacist, pharmacy, nursing home, or a provider organization or	2160
physician-hospital organization that leases the provider	2161
organization's or physician-hospital organization's network to a	2162
third party or contracts directly with employers or health and	2163
welfare funds.	2164

(Q) "Specialty health care services" has the same meaning as	2165
in section 1751.01 of the Revised Code, except that it does not	2166
include any services listed in division (B) of section 1751.01 of	2167
the Revised Code that are provided by a pharmacist or a nursing	2168
home.	2169

(R) "Supplemental health care services" has the same meaning	2170
as in division (B) of section 1751.01 of the Revised Code, except	2171
that it does not include any services listed in that division that	2172
are provided by a pharmacist or nursing home.	2173

Sec. 4719.01.  (A) As used in sections 4719.01 to 4719.18 of	2174
the Revised Code:	2175

(1) "Affiliate" means a business entity that is owned by,	2176
operated by, controlled by, or under common control with another	2177
business entity.	2178

(2) "Communication" means a written or oral notification or	2179
advertisement that meets both of the following criteria, as	2180
applicable:	2181

(a) The notification or advertisement is transmitted by or on	2182
behalf of the seller of goods or services and by or through any	2183
printed, audio, video, cinematic, telephonic, or electronic means.	2184

(b) In the case of a notification or advertisement other than	2185
by telephone, either of the following conditions is met:	2186

(i) The notification or advertisement is followed by a	2187
telephone call from a telephone solicitor or salesperson.	2188

(ii) The notification or advertisement invites a response by	2189
telephone, and, during the course of that response, a telephone	2190
solicitor or salesperson attempts to make or makes a sale of goods	2191
or services. As used in division (A)(2)(b)(ii) of this section,	2192
"invites a response by telephone" excludes the mere listing or	2193
inclusion of a telephone number in a notification or	2194
advertisement.	2195

(3) "Gift, award, or prize" means anything of value that is	2196
offered or purportedly offered, or given or purportedly given by	2197
chance, at no cost to the receiver and with no obligation to	2198
purchase goods or services. As used in this division, "chance"	2199
includes a situation in which a person is guaranteed to receive an	2200
item and, at the time of the offer or purported offer, the	2201
telephone solicitor does not identify the specific item that the	2202
person will receive.	2203

(4) "Goods or services" means any real property or any	2204
tangible or intangible personal property, or services of any kind	2205
provided or offered to a person. "Goods or services" includes, but	2206
is not limited to, advertising; labor performed for the benefit of	2207
a person; personal property intended to be attached to or	2208
installed in any real property, regardless of whether it is so	2209
attached or installed; timeshare estates or licenses; and extended	2210
service contracts.	2211

(5) "Purchaser" means a person that is solicited to become or	2212
does become financially obligated as a result of a telephone	2213
solicitation.	2214

(6) "Salesperson" means an individual who is employed,	2215
appointed, or authorized by a telephone solicitor to make	2216
telephone solicitations but does not mean any of the following:	2217

(a) An individual who comes within one of the exemptions in	2218
division (B) of this section;	2219

(b) An individual employed, appointed, or authorized by a	2220
person who comes within one of the exemptions in division (B) of	2221
this section;	2222

(c) An individual under a written contract with a person who	2223
comes within one of the exemptions in division (B) of this	2224
section, if liability for all transactions with purchasers is	2225
assumed by the person so exempted.	2226

(7) "Telephone solicitation" means a communication to a	2227
person that meets both of the following criteria:	2228

(a) The communication is initiated by or on behalf of a	2229
telephone solicitor or by a salesperson.	2230

(b) The communication either represents a price or the	2231
quality or availability of goods or services or is used to induce	2232
the person to purchase goods or services, including, but not	2233
limited to, inducement through the offering of a gift, award, or	2234
prize.	2235

(8) "Telephone solicitor" means a person that engages in	2236
telephone solicitation directly or through one or more	2237
salespersons either from a location in this state, or from a	2238
location outside this state to persons in this state. "Telephone	2239
solicitor" includes, but is not limited to, any such person that	2240
is an owner, operator, officer, or director of, partner in, or	2241
other individual engaged in the management activities of, a	2242
business.	2243

(B) A telephone solicitor is exempt from the provisions of	2244
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	2245
Code if the telephone solicitor is any one of the following:	2246

(1) A person engaging in a telephone solicitation that is a	2247
one-time or infrequent transaction not done in the course of a	2248
pattern of repeated transactions of a like nature;	2249

(2) A person engaged in telephone solicitation solely for	2250
religious or political purposes; a charitable organization,	2251
fund-raising counsel, or professional solicitor in compliance with	2252
the registration and reporting requirements of Chapter 1716. of	2253
the Revised Code; or any person or other entity exempt under	2254
section 1716.03 of the Revised Code from filing a registration	2255
statement under section 1716.02 of the Revised Code;	2256

(3) A person, making a telephone solicitation involving a	2257
home solicitation sale as defined in section 1345.21 of the	2258
Revised Code, that makes the sales presentation and completes the	2259
sale at a later, face-to-face meeting between the seller and the	2260
purchaser rather than during the telephone solicitation. However,	2261
if the person, following the telephone solicitation, causes	2262
another person to collect the payment of any money, this exemption	2263
does not apply.	2264

(4) A licensed securities, commodities, or investment broker,	2265
dealer, investment advisor, or associated person when making a	2266
telephone solicitation within the scope of the person's license.	2267
As used in division (B)(4) of this section, "licensed securities,	2268
commodities, or investment broker, dealer, investment advisor, or	2269
associated person" means a person subject to licensure or	2270
registration as such by the securities and exchange commission;	2271
the National Association of Securities Dealers or other	2272
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	2273
the division of securities under Chapter 1707. of the Revised	2274
Code; or by an official or agency of any other state of the United	2275
States.	2276

(5)(a) A person primarily engaged in soliciting the sale of a	2277
newspaper of general circulation;	2278

(b) As used in division (B)(5)(a) of this section, "newspaper	2279
of general circulation" includes, but is not limited to, both of	2280
the following:	2281

(i) A newspaper that is a daily law journal designated as an	2282
official publisher of court calendars pursuant to section 2701.09	2283
of the Revised Code;	2284

(ii) A newspaper or publication that has at least twenty-five	2285
per cent editorial, non-advertising content, exclusive of inserts,	2286
measured relative to total publication space, and an audited	2287
circulation to at least fifty per cent of the households in the	2288
newspaper's retail trade zone as defined by the audit.	2289

(6)(a) An issuer, or its subsidiary, that has a class of	2290
securities to which all of the following apply:	2291

(i) The class of securities is subject to section 12 of the	2292
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	2293
registered or is exempt from registration under 15 U.S.C.A.	2294
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	2295

(ii) The class of securities is listed on the New York stock	2296
exchange, the American stock exchange, or the NASDAQ national	2297
market system;	2298

(iii) The class of securities is a reported security as	2299
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	2300

(b) An issuer, or its subsidiary, that formerly had a class	2301
of securities that met the criteria set forth in division	2302
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	2303
net worth in excess of one hundred million dollars, files or its	2304
parent files with the securities and exchange commission an S.E.C.	2305
form 10-K, and has continued in substantially the same business	2306
since it had a class of securities that met the criteria in	2307
division (B)(6)(a) of this section. As used in division (B)(6)(b)	2308
of this section, "issuer" and "subsidiary" include the successor	2309
to an issuer or subsidiary.	2310

(7) A person soliciting a transaction regulated by the	2311
commodity futures trading commission, if the person is registered	2312
or temporarily registered for that activity with the commission	2313
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	2314
registration has not expired or been suspended or revoked;	2315

(8) A person soliciting the sale of any book, record, audio	2316
tape, compact disc, or video, if the person allows the purchaser	2317
to review the merchandise for at least seven days and provides a	2318
full refund within thirty days to a purchaser who returns the	2319
merchandise or if the person solicits the sale on behalf of a	2320
membership club operating in compliance with regulations adopted	2321
by the federal trade commission in 16 C.F.R. 425;	2322

(9) A supervised financial institution or its subsidiary. As	2323
used in division (B)(9) of this section, "supervised financial	2324
institution" means a bank, trust company, savings and loan	2325
association, savings bank, credit union, industrial loan company,	2326
consumer finance lender, commercial finance lender, or institution	2327
described in section 2(c)(2)(F) of the "Bank Holding Company Act	2328
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	2329
official or agency of the United States, this state, or any other	2330
state of the United States; or a licensee or registrant under	2331
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	2332
1321.83 of the Revised Code.	2333

(10)(a) An insurance company, association, or other	2334
organization that is licensed or authorized to conduct business in	2335
this state by the superintendent of insurance pursuant to Title	2336
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	2337
when soliciting within the scope of its license or authorization.	2338

(b) A licensed insurance broker, agent, or solicitor when	2339
soliciting within the scope of the person's license. As used in	2340
division (B)(10)(b) of this section, "licensed insurance broker,	2341
agent, or solicitor" means any person licensed as an insurance	2342
broker, agent, or solicitor by the superintendent of insurance	2343
pursuant to Title XXXIX of the Revised Code.	2344

(11) A person soliciting the sale of services provided by a	2345
cable television system operating under authority of a	2346
governmental franchise or permit;	2347

(12) A person soliciting a business-to-business sale under	2348
which any of the following conditions are met:	2349

(a) The telephone solicitor has been operating continuously	2350
for at least three years under the same business name under which	2351
it solicits purchasers, and at least fifty-one per cent of its	2352
gross dollar volume of sales consists of repeat sales to existing	2353
customers to whom it has made sales under the same business name.	2354

(b) The purchaser business intends to resell the goods	2355
purchased.	2356

(c) The purchaser business intends to use the goods or	2357
services purchased in a recycling, reuse, manufacturing, or	2358
remanufacturing process.	2359

(d) The telephone solicitor is a publisher of a periodical or	2360
of magazines distributed as controlled circulation publications as	2361
defined in division (CC) of section 5739.01 of the Revised Code	2362
and is soliciting sales of advertising, subscriptions, reprints,	2363
lists, information databases, conference participation or	2364
sponsorships, trade shows or media products related to the	2365
periodical or magazine, or other publishing services provided by	2366
the controlled circulation publication.	2367

(13) A person that, not less often than once each year,	2368
publishes and delivers to potential purchasers a catalog that	2369
complies with both of the following:	2370

(a) It includes all of the following:

2371

(i) The business address of the seller;

2372

(ii) A written description or illustration of each good or	2373
service offered for sale;	2374

(iii) A clear and conspicuous disclosure of the sale price of	2375
each good or service; shipping, handling, and other charges; and	2376
return policy;.	2377

(b) One of the following applies:

2378

(i) The catalog includes at least twenty-four pages of	2379
written material and illustrations, is distributed in more than	2380
one state, and has an annual postage-paid mail circulation of not	2381
less than two hundred fifty thousand households;	2382

(ii) The catalog includes at least ten pages of written	2383
material or an equivalent amount of material in electronic form on	2384
the internet or an on-line computer service, the person does not	2385
solicit customers by telephone but solely receives telephone calls	2386
made in response to the catalog, and during the calls the person	2387
takes orders but does not engage in further solicitation of the	2388
purchaser. As used in division (B)(13)(b)(ii) of this section,	2389
"further solicitation" does not include providing the purchaser	2390
with information about, or attempting to sell, any other item in	2391
the catalog that prompted the purchaser's call or in a	2392
substantially similar catalog issued by the seller.	2393

(14) A political subdivision or instrumentality of the United	2394
States, this state, or any state of the United States;	2395

(15) A college or university or any other public or private	2396
institution of higher education in this state;	2397

(16) A public utility as defined in section 4905.02 of the	2398
Revised Code or a retail natural gas supplier as defined in	2399
section 4929.01 of the Revised Code, if the utility or supplier is	2400
subject to regulation by the public utilities commission, or the	2401
affiliate of the utility or supplier;	2402

(17) A person that solicits sales through a television	2403
program or advertisement that is presented in the same market area	2404
no fewer than twenty days per month or offers for sale no fewer	2405
than ten distinct items of goods or services; and offers to the	2406
purchaser an unconditional right to return any good or service	2407
purchased within a period of at least seven days and to receive a	2408
full refund within thirty days after the purchaser returns the	2409
good or cancels the service;	2410

(18)(a) A person that, for at least one year, has been	2411
operating a retail business under the same name as that used in	2412
connection with telephone solicitation and both of the following	2413
occur on a continuing basis:	2414

(i) The person either displays goods and offers them for	2415
retail sale at the person's business premises or offers services	2416
for sale and provides them at the person's business premises.	2417

(ii) At least fifty-one per cent of the person's gross dollar	2418
volume of retail sales involves purchases of goods or services at	2419
the person's business premises.	2420

(b) An affiliate of a person that meets the requirements in	2421
division (B)(18)(a) of this section if the affiliate meets all of	2422
the following requirements:	2423

(i) The affiliate has operated a retail business for a period	2424
of less than one year;	2425

(ii) The affiliate either displays goods and offers them for	2426
retail sale at the affiliate's business premises or offers	2427
services for sale and provides them at the affiliate's business	2428
premises;	2429

(iii) At least fifty-one per cent of the affiliate's gross	2430
dollar volume of retail sales involves purchases of goods or	2431
services at the affiliate's business premises.	2432

(c) A person that, for a period of less than one year, has	2433
been operating a retail business in this state under the same name	2434
as that used in connection with telephone solicitation, as long as	2435
all of the following requirements are met:	2436

(i) The person either displays goods and offers them for	2437
retail sale at the person's business premises or offers services	2438
for sale and provides them at the person's business premises;	2439

(ii) The goods or services that are the subject of telephone	2440
solicitation are sold at the person's business premises, and at	2441
least sixty-five per cent of the person's gross dollar volume of	2442
retail sales involves purchases of goods or services at the	2443
person's business premises;	2444

(iii) The person conducts all telephone solicitation	2445
activities according to sections 310.3, 310.4, and 310.5 of the	2446
telemarketing sales rule adopted by the federal trade commission	2447
in 16 C.F.R. part 310.	2448

(19) A person who performs telephone solicitation sales	2449
services on behalf of other persons and to whom one of the	2450
following applies:	2451

(a) The person has operated under the same ownership,	2452
control, and business name for at least five years, and the person	2453
receives at least seventy-five per cent of its gross revenues from	2454
written telephone solicitation contracts with persons who come	2455
within one of the exemptions in division (B) of this section.	2456

(b) The person is an affiliate of one or more exempt persons	2457
and makes telephone solicitations on behalf of only the exempt	2458
persons of which it is an affiliate.	2459

(c) The person makes telephone solicitations on behalf of	2460
only exempt persons, the person and each exempt person on whose	2461
behalf telephone solicitations are made have entered into a	2462
written contract that specifies the manner in which the telephone	2463
solicitations are to be conducted and that at a minimum requires	2464
compliance with the telemarketing sales rule adopted by the	2465
federal trade commission in 16 C.F.R. part 310, and the person	2466
conducts the telephone solicitations in the manner specified in	2467
the written contract.	2468

(d) The person performs telephone solicitation for religious	2469
or political purposes, a charitable organization, a fund-raising	2470
council, or a professional solicitor in compliance with the	2471
registration and reporting requirements of Chapter 1716. of the	2472
Revised Code; and meets all of the following requirements:	2473

(i) The person has operated under the same ownership,	2474
control, and business name for at least five years, and the person	2475
receives at least fifty-one per cent of its gross revenues from	2476
written telephone solicitation contracts with persons who come	2477
within the exemption in division (B)(2) of this section;	2478

(ii) The person does not conduct a prize promotion or offer	2479
the sale of an investment opportunity;	2480

(iii) The person conducts all telephone solicitation	2481
activities according to sections 310.3, 310.4, and 310.5 of the	2482
telemarketing sales rules adopted by the federal trade commission	2483
in 16 C.F.R. part 310.	2484

(20) A person that is a licensed real estate salesperson or	2485
broker under Chapter 4735. of the Revised Code when soliciting	2486
within the scope of the person's license;	2487

(21)(a) Either of the following:

2488

(i) A publisher that solicits the sale of the publisher's	2489
periodical or magazine of general, paid circulation, or a person	2490
that solicits a sale of that nature on behalf of a publisher under	2491
a written agreement directly between the publisher and the person.	2492

(ii) A publisher that solicits the sale of the publisher's	2493
periodical or magazine of general, paid circulation, or a person	2494
that solicits a sale of that nature as authorized by a publisher	2495
under a written agreement directly with a publisher's	2496
clearinghouse provided the person is a resident of Ohio for more	2497
than three years and initiates all telephone solicitations from	2498
Ohio and the person conducts the solicitation and sale in	2499
compliance with 16 C.F.R. part 310, as adopted by the federal	2500
trade commission.	2501

(b) As used in division (B)(21) of this section, "periodical	2502
or magazine of general, paid circulation" excludes a periodical or	2503
magazine circulated only as part of a membership package or given	2504
as a free gift or prize from the publisher or person.	2505

(22) A person that solicits the sale of food, as defined in	2506
section 3715.01 of the Revised Code, or the sale of products of	2507
horticulture, as defined in section 5739.01 of the Revised Code,	2508
if the person does not intend the solicitation to result in, or	2509
the solicitation actually does not result in, a sale that costs	2510
the purchaser an amount greater than five hundred dollars.	2511

(23) A funeral director licensed pursuant to Chapter 4717. of	2512
the Revised Code when soliciting within the scope of that license,	2513
if both of the following apply:	2514

(a) The solicitation and sale are conducted in compliance	2515
with 16 C.F.R. part 453, as adopted by the federal trade	2516
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	2517
the Revised Code;	2518

(b) The person provides to the purchaser of any preneed	2519
funeral contract a notice that clearly and conspicuously sets	2520
forth the cancellation rights specified in division (G) of section	2521
1107.33 of the Revised Code, and retains a copy of the notice	2522
signed by the purchaser.	2523

(24) A person, or affiliate thereof, licensed to sell or	2524
issue Ohio instruments designated as travelers checks pursuant to	2525
sections 1315.01 to 1315.18 of the Revised Code.	2526

(25) A person that solicits sales from its previous	2527
purchasers and meets all of the following requirements:	2528

(a) The solicitation is made under the same business name	2529
that was previously used to sell goods or services to the	2530
purchaser;	2531

(b) The person has, for a period of not less than three	2532
years, operated a business under the same business name as that	2533
used in connection with telephone solicitation;	2534

(c) The person does not conduct a prize promotion or offer	2535
the sale of an investment opportunity;	2536

(d) The person conducts all telephone solicitation activities	2537
according to sections 310.3, 310.4, and 310.5 of the telemarketing	2538
sales rules adopted by the federal trade commission in 16 C.F.R.	2539
part 310;	2540

(e) Neither the person nor any of its principals has been	2541
convicted of, pleaded guilty to, or has entered a plea of no	2542
contest for a felony or a theft offense as defined in sections	2543
2901.02 and 2913.01 of the Revised Code or similar law of another	2544
state or of the United States;	2545

(f) Neither the person nor any of its principals has had	2546
entered against them an injunction or a final judgment or order,	2547
including an agreed judgment or order, an assurance of voluntary	2548
compliance, or any similar instrument, in any civil or	2549
administrative action involving engaging in a pattern of corrupt	2550
practices, fraud, theft, embezzlement, fraudulent conversion, or	2551
misappropriation of property; the use of any untrue, deceptive, or	2552
misleading representation; or the use of any unfair, unlawful,	2553
deceptive, or unconscionable trade act or practice.	2554

(26) An institution defined as a home health agency in	2555
section 3701.881 of the Revised Code, that conducts all telephone	2556
solicitation activities according to sections 310.3, 310.4, and	2557
310.5 of the telemarketing sales rules adopted by the federal	2558
trade commission in 16 C.F.R. part 310, and engages in telephone	2559
solicitation only within the scope of the institution's	2560
certification, accreditation, contract with the department of	2561
aging, or status as a home health agency; and that meets one of	2562
the following requirements:	2563

(a) The institution is certified as a provider of home health	2564
services under Title XVIII of the Social Security Act, 49 Stat.	2565
620, 42 U.S.C. 301, as amended;	2566

(b) The institution is accredited by either the joint	2567
commission on accreditation of health care organizations or the	2568
community health accreditation program;	2569

(c) The institution is providing passport services under the	2570
direction of the Ohio department of aging under section 173.40 of	2571
the Revised Code;	2572

(d) An affiliate of an institution that meets the	2573
requirements of division (B)(26)(a), (b), or (c) of this section	2574
when offering for sale substantially the same goods and services	2575
as those that are offered by the institution that meets the	2576
requirements of division (B)(26)(a), (b), or (c) of this section.	2577

(27) A person licensed to provide a hospice care program by	2578
the department of health pursuant to section 3712.04 or 3712.041	2579
of the Revised Code to provide a hospice care program or pediatric	2580
respite care program when conducting telephone solicitations	2581
within the scope of the person's license and according to sections	2582
310.3, 310.4, and 310.5 of the telemarketing sales rules adopted	2583
by the federal trade commission in 16 C.F.R. part 310.	2584

Sec. 4729.43. (A) As used in this section:

2585

(1) "Home health agency" has the same meaning as in section	2586
3701.881 of the Revised Code.	2587

(2) "Hospice care program" and "hospice patient" have the	2588
same meanings as in section 3712.01 of the Revised Code.	2589

(3) "Non-self-injectable cancer drug" means a dangerous drug	2590
indicated for the treatment of cancer or a cancer-related illness	2591
that must be administered intravenously or by subcutaneous	2592
injection that an individual cannot reasonably self-administer.	2593

(B) A pharmacist or pharmacy intern shall not dispense a	2594
non-self-injectable cancer drug by delivering the drug directly to	2595
any of the following or causing the drug to be delivered directly	2596
to any of the following:	2597

(1) The patient;

2598

(2) The patient's representative, which may include the	2599
patient's guardian or a family member or friend of the patient;	2600

(3) The patient's private residence unless any of the	2601
following is the case:	2602

(a) The patient's private residence is a nursing home,	2603
residential care facility, rehabilitation facility, or similar	2604
institutional facility or heath care facility.	2605

(b) If the patient is an adult and a hospice patient or	2606
client of a home health agency, the patient, the licensed health	2607
professional authorized to prescribe drugs who prescribed the drug	2608
to the patient, or an employee or agent of the prescriber has	2609
notified the pharmacist or pharmacy intern that the patient is a	2610
hospice patient or client of a home health agency and an employee	2611
or agent of the hospice care program or home health agency will be	2612
administering the drug to the patient.	2613

(c) If the patient is a minor and a hospice patient or client	2614
of a home health agency, either of the following has notified the	2615
pharmacist or pharmacy intern that the patient is a client of a	2616
home health agency and an employee or agent of the hospice care	2617
program or home health agency will be administering the drug to	2618
the patient:	2619

(i) The licensed health professional authorized to prescribe	2620
drugs who prescribed the drug to the patient or an employee or	2621
agent of the prescriber;	2622

(ii) The parent, guardian, or other person who has care or	2623
charge of the patient and is authorized to consent to medical	2624
treatment on behalf of the patient.	2625

Sec. 4752.02. (A) Except as provided in division (B) of this	2626
section, no person shall provide home medical equipment services	2627
or claim to the public to be a home medical equipment services	2628
provider unless either of the following is the case:	2629

(1) The person holds a valid license issued under this	2630
chapter;	2631

(2) The person holds a valid certificate of registration	2632
issued under this chapter.	2633

(B) Division (A) of this section does not apply to any of the	2634
following:	2635

(1) A health care practitioner, as defined in section 4769.01	2636
of the Revised Code, who does not sell or rent home medical	2637
equipment;	2638

(2) A hospital that provides home medical equipment services	2639
only as an integral part of patient care and does not provide the	2640
services through a separate entity that has its own medicare or	2641
medicaid provider number;	2642

(3) A manufacturer or wholesale distributor of home medical	2643
equipment that does not sell directly to the public;	2644

(4) A hospice care program or pediatric respite care program,	2645
as defined by section 3712.01 of the Revised Code, that does not	2646
sell or rent home medical equipment;	2647

(5) A home, as defined by section 3721.01 of the Revised	2648
Code;	2649

(6) A home health agency that is certified under Title XVIII	2650
of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395,	2651
as a provider of home health services and does not sell or rent	2652
home medical equipment;	2653

(7) An individual who holds a current, valid license issued	2654
under Chapter 4741. of the Revised Code to practice veterinary	2655
medicine;	2656

(8) An individual who holds a current, valid license issued	2657
under Chapter 4779. of the Revised Code to practice orthotics,	2658
prosthetics, or pedorthics;	2659

(9) A pharmacy licensed under Chapter 4729. of the Revised	2660
Code that either does not sell or rent home medical equipment or	2661
receives total payments of less than ten thousand dollars per year	2662
from selling or renting home medical equipment;	2663

(10) A home dialysis equipment provider regulated by federal	2664
law.	2665

Sec. 5119.22.  (A) As used in this section and section	2666
5119.221 of the Revised Code:	2667

(1) "Accommodations" means housing, daily meal preparation,	2668
laundry, housekeeping, arranging for transportation, social and	2669
recreational activities, maintenance, security, and other services	2670
that do not constitute personal care services or skilled nursing	2671
care.	2672

(2) "ADAMHS board" means a board of alcohol, drug addiction,	2673
and mental health services.	2674

(3) "Adult" means a person who is eighteen years of age or	2675
older, other than a person described in division (A)(4) of this	2676
section who is between eighteen and twenty-one years of age.	2677

(4) "Child" means a person who is under eighteen years of age	2678
or a person with a mental disability who is under twenty-one years	2679
of age.	2680

(5) "Community mental health agency" means a community mental	2681
health agency as defined in division (H) of section 5122.01 of the	2682
Revised Code.	2683

(6) "Community mental health services" means any of the	2684
services listed in section 340.09 of the Revised Code.	2685

(7) "Operator" means the person that is responsible for the	2686
administration and management of a residential facility.	2687

(8) "Personal care services" means services including, but	2688
not limited to, the following:	2689

(a) Assisting residents with activities of daily living;

2690

(b) Assisting residents with self-administration of	2691
medication in accordance with rules adopted under this section;	2692

(c) Preparing special diets, other than complex therapeutic	2693
diets, for residents pursuant to the instructions of a physician	2694
or a licensed dietitian, in accordance with rules adopted under	2695
this section.	2696

"Personal care services" does not include "skilled nursing	2697
care" as defined in section 3721.01 of the Revised Code. A	2698
facility need not provide more than one of the services listed in	2699
division (A)(8) of this section to be considered to be providing	2700
personal care services.	2701

(9) "Residential facility" means a publicly or privately	2702
operated home or facility that provides one of the following:	2703

(a) Accommodations, supervision, personal care services, and	2704
community mental health services for one or more of the following	2705
unrelated persons who are referred by or are receiving community	2706
mental health services from a community mental health agency,	2707
hospital, or practitioner:	2708

(i) Adults with mental illness;

2709

(ii) Persons of any age with severe mental disabilities;

2710

(iii) Children with serious emotional disturbances or in need	2711
of mental health services.	2712

(b) Accommodations and personal care services for only one or	2713
two unrelated adults; accommodations, supervision, and personal	2714
care services for three to sixteen unrelated adults; or	2715
accommodations, supervision, and personal care services for one or	2716
two of the following unrelated persons:	2717

(i) Persons of any age with mental illness who are referred	2718
by or are receiving community mental health services from a	2719
community mental health agency, hospital, or practitioner;	2720

(ii) Persons of any age with severe mental disabilities who	2721
are referred by or are receiving community mental health services	2722
from a community mental health agency, hospital, or practitioner.	2723

(c) Room and board for five or more of the following	2724
unrelated persons:	2725

(i) Adults with mental illness who are referred by or are	2726
receiving community mental health services from a community mental	2727
health agency, hospital, or practitioner;	2728

(ii) Adults with severe mental disabilities who are referred	2729
by or are receiving community mental health services from a	2730
community mental health agency, hospital, or practitioner.	2731

(10) "Residential facility" does not include any of the	2732
following:	2733

(a) A hospital subject to licensure under section 5119.20 of	2734
the Revised Code;	2735

(b) A residential facility licensed under section 5123.19 of	2736
the Revised Code or otherwise regulated by the department of	2737
developmental disabilities;	2738

(c) An institution or association subject to certification	2739
under section 5103.03 of the Revised Code;	2740

(d) A facility operated by a hospice care program licensed	2741
under section 3712.04 of the Revised Code that is used exclusively	2742
for care of hospice patients;	2743

(e) A facility operated by a pediatric respite care program	2744
licensed under section 3712.041 of the Revised Code that is used	2745
exclusively for care of pediatric respite care patients;	2746

(f) A nursing home, residential care facility, or home for	2747
the aging as defined in section 3721.02 of the Revised Code;	2748

(f)(g) An alcohol or drug addiction program as defined in	2749
section 3793.01 of the Revised Code;	2750

(g)(h) A facility licensed to provide methadone treatment	2751
under section 3793.11 of the Revised Code;	2752

(h)(i) Any facility that receives funding for operating costs	2753
from the department of development under any program established	2754
to provide emergency shelter housing or transitional housing for	2755
the homeless;	2756

(i)(j) A terminal care facility for the homeless that has	2757
entered into an agreement with a hospice care program under	2758
section 3712.07 of the Revised Code;	2759

(j)(k) A facility approved by the veterans administration	2760
under section 104(a) of the "Veterans Health Care Amendments of	2761
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used	2762
exclusively for the placement and care of veterans.	2763

(11) "Room and board" means the provision of sleeping and	2764
living space, meals or meal preparation, laundry services,	2765
housekeeping services, or any combination thereof.	2766

(12) "Supervision" means any of the following:

2767

(a) Observing a resident to ensure the resident's health,	2768
safety, and welfare while the resident engages in activities of	2769
daily living or other activities;	2770

(b) Reminding a resident to perform or complete an activity,	2771
such as reminding a resident to engage in personal hygiene or	2772
other self-care activities;	2773

(c) Assisting a resident in making or keeping an appointment.

2774

(13) "Unrelated" means that a resident is not related to the	2775
owner or operator of a residential facility or to the owner's or	2776
operator's spouse as a parent, grandparent, child, stepchild,	2777
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as	2778
the child of an aunt or uncle.	2779

(B) Nothing in division (A)(9) of this section shall be	2780
construed to permit personal care services to be imposed on a	2781
resident who is capable of performing the activity in question	2782
without assistance.	2783

(C) Except in the case of a residential facility described in	2784
division (A)(9)(a) of this section, members of the staff of a	2785
residential facility shall not administer medication to the	2786
facility's residents, but may do any of the following:	2787

(1) Remind a resident when to take medication and watch to	2788
ensure that the resident follows the directions on the container;	2789

(2) Assist a resident in the self-administration of	2790
medication by taking the medication from the locked area where it	2791
is stored, in accordance with rules adopted pursuant to this	2792
section, and handing it to the resident. If the resident is	2793
physically unable to open the container, a staff member may open	2794
the container for the resident.	2795

(3) Assist a physically impaired but mentally alert resident,	2796
such as a resident with arthritis, cerebral palsy, or Parkinson's	2797
disease, in removing oral or topical medication from containers	2798
and in consuming or applying the medication, upon request by or	2799
with the consent of the resident. If a resident is physically	2800
unable to place a dose of medicine to the resident's mouth without	2801
spilling it, a staff member may place the dose in a container and	2802
place the container to the mouth of the resident.	2803

(D)(1) Except as provided in division (D)(2) of this section,	2804
a person operating or seeking to operate a residential facility	2805
shall apply for licensure of the facility to the department of	2806
mental health. The application shall be submitted by the operator.	2807
When applying for the license, the applicant shall pay to the	2808
department the application fee specified in rules adopted under	2809
division (L) of this section. The fee is nonrefundable.	2810

The department shall send a copy of an application to the	2811
ADAMHS board serving the county in which the person operates or	2812
seeks to operate the facility. The ADAMHS board shall review the	2813
application and provide to the department any information about	2814
the applicant or the facility that the board would like the	2815
department to consider in reviewing the application.	2816

(2) A person may not apply for a license to operate a	2817
residential facility if the person is or has been the owner,	2818
operator, or manager of a residential facility for which a license	2819
to operate was revoked or for which renewal of a license was	2820
refused for any reason other than nonpayment of the license	2821
renewal fee, unless both of the following conditions are met:	2822

(a) A period of not less than two years has elapsed since the	2823
date the director of mental health issued the order revoking or	2824
refusing to renew the facility's license.	2825

(b) The director's revocation or refusal to renew the license	2826
was not based on an act or omission at the facility that violated	2827
a resident's right to be free from abuse, neglect, or	2828
exploitation.	2829

(E)(1) Any person may operate a residential facility	2830
providing accommodations and personal care services for one to	2831
five unrelated persons and licensed as a residential facility that	2832
meets the criteria specified in division (A)(9)(b) of this section	2833
as a permitted use in any residential district or zone, including	2834
any single-family residential district or zone of any political	2835
subdivision. Such facilities may be required to comply with area,	2836
height, yard, and architectural compatibility requirements that	2837
are uniformly imposed upon all single-family residences within the	2838
district or zone.	2839

(2) Any person may operate a residential facility providing	2840
accommodations and personal care services for six to sixteen	2841
persons and licensed as a residential facility that meets the	2842
criteria specified in division (A)(9)(b) of this section as a	2843
permitted use in any multiple-family residential district or zone	2844
of any political subdivision, except that a political subdivision	2845
that has enacted a zoning ordinance or resolution establishing	2846
planned-unit development districts as defined in section 519.021	2847
of the Revised Code may exclude such facilities from such	2848
districts, and a political subdivision that has enacted a zoning	2849
ordinance or resolution may regulate such facilities in	2850
multiple-family residential districts or zones as a conditionally	2851
permitted use or special exception, in either case, under	2852
reasonable and specific standards and conditions set out in the	2853
zoning ordinance or resolution to:	2854

(a) Require the architectural design and site layout of the	2855
home and the location, nature, and height of any walls, screens,	2856
and fences to be compatible with adjoining land uses and the	2857
residential character of the neighborhood;	2858

(b) Require compliance with yard, parking, and sign	2859
regulation.	2860

(3) Divisions (E)(1) and (2) of this section do not affect	2861
any right of a political subdivision to permit a person to operate	2862
a residential facility licensed under this section in a	2863
single-family residential district or zone under conditions	2864
established by the political subdivision.	2865

(4)(a) Notwithstanding divisions (E)(1) and (2) of this	2866
section and except as provided in division (E)(4)(b) of this	2867
section, a political subdivision that has enacted a zoning	2868
ordinance or resolution may limit the excessive concentration of	2869
licensed residential facilities that meet the criteria specified	2870
in division (A)(9)(b) of this section.	2871

(b) Division (E)(4)(a) of this section does not authorize a	2872
political subdivision to prevent or limit the continued existence	2873
and operation of residential facilities existing and operating on	2874
the effective date of this sectionSeptember 10, 2012, and that	2875
meet the criteria specified in division (A)(9)(b) of this section.	2876
A political subdivision may consider the existence of such	2877
facilities for the purpose of limiting the excessive concentration	2878
of such facilities that meet the criteria specified in division	2879
(A)(9)(b) of this section that are not existing and operating on	2880
the effective date of this sectionSeptember 10, 2012.	2881

(F)(1) The department of mental health shall inspect and	2882
license the operation of residential facilities. The department	2883
shall consider the past record of the facility and the applicant	2884
or licensee in arriving at its licensure decision.	2885

The department may issue full, probationary, and interim	2886
licenses. A full license shall expire two years after the date of	2887
issuance, a probationary license shall expire in a shorter period	2888
of time as specified in rules adopted by the director of mental	2889
health under division (L) of this section, and an interim license	2890
shall expire ninety days after the date of issuance. A license may	2891
be renewed in accordance with rules adopted by the director under	2892
division (L) of this section. The renewal application shall be	2893
submitted by the operator. When applying for renewal of a license,	2894
the applicant shall pay to the department the renewal fee	2895
specified in rules adopted under division (L) of this section. The	2896
fee is nonrefundable.	2897

(2) The department may issue an order suspending the	2898
admission of residents to the facility or refuse to issue or renew	2899
and may revoke a license if it finds the facility is not in	2900
compliance with rules adopted by the director pursuant to division	2901
(L) of this section or if any facility operated by the applicant	2902
or licensee has been cited for repeated violations of statutes or	2903
rules during the period of previous licenses. Proceedings	2904
initiated to deny applications for full or probationary licenses	2905
or to revoke such licenses are governed by Chapter 119. of the	2906
Revised Code.	2907

(G) The department may issue an interim license to operate a	2908
residential facility if both of the following conditions are met:	2909

(1) The department determines that the closing of or the need	2910
to remove residents from another residential facility has created	2911
an emergency situation requiring immediate removal of residents	2912
and an insufficient number of licensed beds are available.	2913

(2) The residential facility applying for an interim license	2914
meets standards established for interim licenses in rules adopted	2915
by the director under division (L) of this section.	2916

An interim license shall be valid for ninety days and may be	2917
renewed by the director no more than twice. Proceedings initiated	2918
to deny applications for or to revoke interim licenses under this	2919
division are not subject to Chapter 119. of the Revised Code.	2920

(H)(1) The department of mental health may conduct an	2921
inspection of a residential facility as follows:	2922

(a) Prior to issuance of a license for the facility;

2923

(b) Prior to renewal of the license;

2924

(c) To determine whether the facility has completed a plan of	2925
correction required pursuant to division (H)(2) of this section	2926
and corrected deficiencies to the satisfaction of the department	2927
and in compliance with this section and rules adopted pursuant to	2928
it;	2929

(d) Upon complaint by any individual or agency;

2930

(e) At any time the director considers an inspection to be	2931
necessary in order to determine whether the facility is in	2932
compliance with this section and rules adopted pursuant to this	2933
section.	2934

(2) In conducting inspections the department may conduct an	2935
on-site examination and evaluation of the residential facility and	2936
its personnel, activities, and services. The department shall have	2937
access to examine and copy all records, accounts, and any other	2938
documents relating to the operation of the residential facility,	2939
including records pertaining to residents, and shall have access	2940
to the facility in order to conduct interviews with the operator,	2941
staff, and residents. Following each inspection and review, the	2942
department shall complete a report listing any deficiencies, and	2943
including, when appropriate, a time table within which the	2944
operator shall correct the deficiencies. The department may	2945
require the operator to submit a plan of correction describing how	2946
the deficiencies will be corrected.	2947

(I) No person shall do any of the following:

2948

(1) Operate a residential facility unless the facility holds	2949
a valid license;	2950

(2) Violate any of the conditions of licensure after having	2951
been granted a license;	2952

(3) Interfere with a state or local official's inspection or	2953
investigation of a residential facility;	2954

(4) Violate any of the provisions of this section or any	2955
rules adopted pursuant to this section.	2956

(J) The following may enter a residential facility at any	2957
time:	2958

(1) Employees designated by the director of mental health;

2959

(2) Employees of an ADAMHS board under either of the	2960
following circumstances:	2961

(a) When a resident of the facility is receiving services	2962
from a community mental health agency under contract with that	2963
ADAMHS board or another ADAMHS board;	2964

(b) When authorized by section 340.05 of the Revised Code.

2965

(3) Employees of a community mental health agency under	2966
either of the following circumstances:	2967

(a) When the agency has a client residing in the facility;

2968

(b) When the agency is acting as an agent of an ADAMHS board	2969
other than the board with which it is under contract.	2970

(4) Representatives of the state long-term care ombudsperson	2971
program when the facility provides accommodations, supervision,	2972
and personal care services for three to sixteen unrelated adults	2973
or to one or two unrelated adults who are recipients under the	2974
residential state supplement program.	2975

The persons specified in division (J) of this section shall	2976
be afforded access to examine and copy all records, accounts, and	2977
any other documents relating to the operation of the residential	2978
facility, including records pertaining to residents.	2979

(K) Employees of the department of mental health may enter,	2980
for the purpose of investigation, any institution, residence,	2981
facility, or other structure which has been reported to the	2982
department as, or that the department has reasonable cause to	2983
believe is, operating as a residential facility without a valid	2984
license.	2985

(L) The director shall adopt and may amend and rescind rules	2986
pursuant to Chapter 119. of the Revised Code governing the	2987
licensing and operation of residential facilities. The rules shall	2988
establish all of the following:	2989

(1) Minimum standards for the health, safety, adequacy, and	2990
cultural competency of treatment of and services for persons in	2991
residential facilities;	2992

(2) Procedures for the issuance, renewal, or revocation of	2993
the licenses of residential facilities;	2994

(3) Procedures for conducting criminal records checks for	2995
prospective operators, staff, and other individuals who, if	2996
employed by a residential facility, would have unsupervised access	2997
to facility residents;	2998

(4) The fee to be paid when applying for a new residential	2999
facility license or renewing the license;	3000

(5) Procedures for the operator of a residential facility to	3001
follow when notifying the ADAMHS board serving the county in which	3002
the facility is located when the facility is serving residents	3003
with mental illness or severe mental disability, including the	3004
circumstances under which the operator is required to make such a	3005
notification;	3006

(6) Procedures for the issuance and termination of orders of	3007
suspension of admission of residents to a residential facility;	3008

(7) Measures to be taken by residential facilities relative	3009
to residents' medication;	3010

(8) Requirements relating to preparation of special diets;

3011

(9) The maximum number of residents who may be served in a	3012
residential facility;	3013

(10) The rights of residents of residential facilities and	3014
procedures to protect such rights;	3015

(11) Procedures for obtaining an affiliation agreement	3016
approved by the board between a residential facility and a	3017
community mental health agency;	3018

(12) Standards and procedures under which the director may	3019
waive the requirements of any of the rules adopted.	3020

(M)(1) The department may withhold the source of any	3021
complaint reported as a violation of this section when the	3022
department determines that disclosure could be detrimental to the	3023
department's purposes or could jeopardize the investigation. The	3024
department may disclose the source of any complaint if the	3025
complainant agrees in writing to such disclosure and shall	3026
disclose the source upon order by a court of competent	3027
jurisdiction.	3028

(2) Any person who makes a complaint under division (M)(1) of	3029
this section, or any person who participates in an administrative	3030
or judicial proceeding resulting from such a complaint, is immune	3031
from civil liability and is not subject to criminal prosecution,	3032
other than for perjury, unless the person has acted in bad faith	3033
or with malicious purpose.	3034

(N)(1) The director of mental health may petition the court	3035
of common pleas of the county in which a residential facility is	3036
located for an order enjoining any person from operating a	3037
residential facility without a license or from operating a	3038
licensed facility when, in the director's judgment, there is a	3039
present danger to the health or safety of any of the occupants of	3040
the facility. The court shall have jurisdiction to grant such	3041
injunctive relief upon a showing that the respondent named in the	3042
petition is operating a facility without a license or there is a	3043
present danger to the health or safety of any residents of the	3044
facility.	3045

(2) When the court grants injunctive relief in the case of a	3046
facility operating without a license, the court shall issue, at a	3047
minimum, an order enjoining the facility from admitting new	3048
residents to the facility and an order requiring the facility to	3049
assist with the safe and orderly relocation of the facility's	3050
residents.	3051

(3) If injunctive relief is granted against a facility for	3052
operating without a license and the facility continues to operate	3053
without a license, the director shall refer the case to the	3054
attorney general for further action.	3055

(O) The director may fine a person for violating division (I)	3056
of this section. The fine shall be five hundred dollars for a	3057
first offense; for each subsequent offense, the fine shall be one	3058
thousand dollars. The director's actions in imposing a fine shall	3059
be taken in accordance with Chapter 119. of the Revised Code.	3060

Section 2.  That existing sections 109.57, 1337.11, 2133.01,	3061
2317.54, 3701.881, 3712.01, 3712.03, 3712.09, 3712.99, 3721.01,	3062
3793.11, 3795.01, 3963.01, 4719.01, 4752.02, and 5119.22 of the	3063
Revised Code are hereby repealed.	3064

Section 3. The amendment of sections 109.57, 1337.11,	3065
2133.01, 2317.54, 3701.881, 3712.01, 3712.03, 3712.09, 3712.99,	3066
3721.01, 3795.01, 3963.01, 4719.01, 4752.02, and 5119.22 and the	3067
enactment of sections 3712.031, 3712.041, 3712.051, 3712.061, and	3068
4729.43 of the Revised Code take effect ninety days after the	3069
effective date of this section.	3070

Section 4. In the case of an application pending on the	3071
effective date of this section for a license to maintain methadone	3072
treatment, the requirement of division (C)(6) of section 3793.11	3073
of the Revised Code, as amended by this act, shall be applied by	3074
the Department of Alcohol and Drug Addiction Services in	3075
determining whether to issue the license. The Department may waive	3076
the requirement pursuant to division (D) of section 3793.11 of the	3077
Revised Code, as amended by this act.	3078

Section 5. That the version of section 109.57 of the Revised	3079
Code that is scheduled to take effect January 1, 2014, be amended	3080
to read as follows:	3081

Sec. 109.57.  (A)(1) The superintendent of the bureau of	3082
criminal identification and investigation shall procure from	3083
wherever procurable and file for record photographs, pictures,	3084
descriptions, fingerprints, measurements, and other information	3085
that may be pertinent of all persons who have been convicted of	3086
committing within this state a felony, any crime constituting a	3087
misdemeanor on the first offense and a felony on subsequent	3088
offenses, or any misdemeanor described in division (A)(1)(a),	3089
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	3090
all children under eighteen years of age who have been adjudicated	3091
delinquent children for committing within this state an act that	3092
would be a felony or an offense of violence if committed by an	3093
adult or who have been convicted of or pleaded guilty to	3094
committing within this state a felony or an offense of violence,	3095
and of all well-known and habitual criminals. The person in charge	3096
of any county, multicounty, municipal, municipal-county, or	3097
multicounty-municipal jail or workhouse, community-based	3098
correctional facility, halfway house, alternative residential	3099
facility, or state correctional institution and the person in	3100
charge of any state institution having custody of a person	3101
suspected of having committed a felony, any crime constituting a	3102
misdemeanor on the first offense and a felony on subsequent	3103
offenses, or any misdemeanor described in division (A)(1)(a),	3104
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	3105
having custody of a child under eighteen years of age with respect	3106
to whom there is probable cause to believe that the child may have	3107
committed an act that would be a felony or an offense of violence	3108
if committed by an adult shall furnish such material to the	3109
superintendent of the bureau. Fingerprints, photographs, or other	3110
descriptive information of a child who is under eighteen years of	3111
age, has not been arrested or otherwise taken into custody for	3112
committing an act that would be a felony or an offense of violence	3113
who is not in any other category of child specified in this	3114
division, if committed by an adult, has not been adjudicated a	3115
delinquent child for committing an act that would be a felony or	3116
an offense of violence if committed by an adult, has not been	3117
convicted of or pleaded guilty to committing a felony or an	3118
offense of violence, and is not a child with respect to whom there	3119
is probable cause to believe that the child may have committed an	3120
act that would be a felony or an offense of violence if committed	3121
by an adult shall not be procured by the superintendent or	3122
furnished by any person in charge of any county, multicounty,	3123
municipal, municipal-county, or multicounty-municipal jail or	3124
workhouse, community-based correctional facility, halfway house,	3125
alternative residential facility, or state correctional	3126
institution, except as authorized in section 2151.313 of the	3127
Revised Code.	3128

(2) Every clerk of a court of record in this state, other	3129
than the supreme court or a court of appeals, shall send to the	3130
superintendent of the bureau a weekly report containing a summary	3131
of each case involving a felony, involving any crime constituting	3132
a misdemeanor on the first offense and a felony on subsequent	3133
offenses, involving a misdemeanor described in division (A)(1)(a),	3134
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	3135
involving an adjudication in a case in which a child under	3136
eighteen years of age was alleged to be a delinquent child for	3137
committing an act that would be a felony or an offense of violence	3138
if committed by an adult. The clerk of the court of common pleas	3139
shall include in the report and summary the clerk sends under this	3140
division all information described in divisions (A)(2)(a) to (f)	3141
of this section regarding a case before the court of appeals that	3142
is served by that clerk. The summary shall be written on the	3143
standard forms furnished by the superintendent pursuant to	3144
division (B) of this section and shall include the following	3145
information:	3146

(a) The incident tracking number contained on the standard	3147
forms furnished by the superintendent pursuant to division (B) of	3148
this section;	3149

(b) The style and number of the case;

3150

(c) The date of arrest, offense, summons, or arraignment;

3151

(d) The date that the person was convicted of or pleaded	3152
guilty to the offense, adjudicated a delinquent child for	3153
committing the act that would be a felony or an offense of	3154
violence if committed by an adult, found not guilty of the	3155
offense, or found not to be a delinquent child for committing an	3156
act that would be a felony or an offense of violence if committed	3157
by an adult, the date of an entry dismissing the charge, an entry	3158
declaring a mistrial of the offense in which the person is	3159
discharged, an entry finding that the person or child is not	3160
competent to stand trial, or an entry of a nolle prosequi, or the	3161
date of any other determination that constitutes final resolution	3162
of the case;	3163

(e) A statement of the original charge with the section of	3164
the Revised Code that was alleged to be violated;	3165

(f) If the person or child was convicted, pleaded guilty, or	3166
was adjudicated a delinquent child, the sentence or terms of	3167
probation imposed or any other disposition of the offender or the	3168
delinquent child.	3169

If the offense involved the disarming of a law enforcement	3170
officer or an attempt to disarm a law enforcement officer, the	3171
clerk shall clearly state that fact in the summary, and the	3172
superintendent shall ensure that a clear statement of that fact is	3173
placed in the bureau's records.	3174

(3) The superintendent shall cooperate with and assist	3175
sheriffs, chiefs of police, and other law enforcement officers in	3176
the establishment of a complete system of criminal identification	3177
and in obtaining fingerprints and other means of identification of	3178
all persons arrested on a charge of a felony, any crime	3179
constituting a misdemeanor on the first offense and a felony on	3180
subsequent offenses, or a misdemeanor described in division	3181
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	3182
Revised Code and of all children under eighteen years of age	3183
arrested or otherwise taken into custody for committing an act	3184
that would be a felony or an offense of violence if committed by	3185
an adult. The superintendent also shall file for record the	3186
fingerprint impressions of all persons confined in a county,	3187
multicounty, municipal, municipal-county, or multicounty-municipal	3188
jail or workhouse, community-based correctional facility, halfway	3189
house, alternative residential facility, or state correctional	3190
institution for the violation of state laws and of all children	3191
under eighteen years of age who are confined in a county,	3192
multicounty, municipal, municipal-county, or multicounty-municipal	3193
jail or workhouse, community-based correctional facility, halfway	3194
house, alternative residential facility, or state correctional	3195
institution or in any facility for delinquent children for	3196
committing an act that would be a felony or an offense of violence	3197
if committed by an adult, and any other information that the	3198
superintendent may receive from law enforcement officials of the	3199
state and its political subdivisions.	3200

(4) The superintendent shall carry out Chapter 2950. of the	3201
Revised Code with respect to the registration of persons who are	3202
convicted of or plead guilty to a sexually oriented offense or a	3203
child-victim oriented offense and with respect to all other duties	3204
imposed on the bureau under that chapter.	3205

(5) The bureau shall perform centralized recordkeeping	3206
functions for criminal history records and services in this state	3207
for purposes of the national crime prevention and privacy compact	3208
set forth in section 109.571 of the Revised Code and is the	3209
criminal history record repository as defined in that section for	3210
purposes of that compact. The superintendent or the	3211
superintendent's designee is the compact officer for purposes of	3212
that compact and shall carry out the responsibilities of the	3213
compact officer specified in that compact.	3214

(B) The superintendent shall prepare and furnish to every	3215
county, multicounty, municipal, municipal-county, or	3216
multicounty-municipal jail or workhouse, community-based	3217
correctional facility, halfway house, alternative residential	3218
facility, or state correctional institution and to every clerk of	3219
a court in this state specified in division (A)(2) of this section	3220
standard forms for reporting the information required under	3221
division (A) of this section. The standard forms that the	3222
superintendent prepares pursuant to this division may be in a	3223
tangible format, in an electronic format, or in both tangible	3224
formats and electronic formats.	3225

(C)(1) The superintendent may operate a center for	3226
electronic, automated, or other data processing for the storage	3227
and retrieval of information, data, and statistics pertaining to	3228
criminals and to children under eighteen years of age who are	3229
adjudicated delinquent children for committing an act that would	3230
be a felony or an offense of violence if committed by an adult,	3231
criminal activity, crime prevention, law enforcement, and criminal	3232
justice, and may establish and operate a statewide communications	3233
network to be known as the Ohio law enforcement gateway to gather	3234
and disseminate information, data, and statistics for the use of	3235
law enforcement agencies and for other uses specified in this	3236
division. The superintendent may gather, store, retrieve, and	3237
disseminate information, data, and statistics that pertain to	3238
children who are under eighteen years of age and that are gathered	3239
pursuant to sections 109.57 to 109.61 of the Revised Code together	3240
with information, data, and statistics that pertain to adults and	3241
that are gathered pursuant to those sections.	3242

(2) The superintendent or the superintendent's designee shall	3243
gather information of the nature described in division (C)(1) of	3244
this section that pertains to the offense and delinquency history	3245
of a person who has been convicted of, pleaded guilty to, or been	3246
adjudicated a delinquent child for committing a sexually oriented	3247
offense or a child-victim oriented offense for inclusion in the	3248
state registry of sex offenders and child-victim offenders	3249
maintained pursuant to division (A)(1) of section 2950.13 of the	3250
Revised Code and in the internet database operated pursuant to	3251
division (A)(13) of that section and for possible inclusion in the	3252
internet database operated pursuant to division (A)(11) of that	3253
section.	3254

(3) In addition to any other authorized use of information,	3255
data, and statistics of the nature described in division (C)(1) of	3256
this section, the superintendent or the superintendent's designee	3257
may provide and exchange the information, data, and statistics	3258
pursuant to the national crime prevention and privacy compact as	3259
described in division (A)(5) of this section.	3260

(4) The attorney general may adopt rules under Chapter 119.	3261
of the Revised Code establishing guidelines for the operation of	3262
and participation in the Ohio law enforcement gateway. The rules	3263
may include criteria for granting and restricting access to	3264
information gathered and disseminated through the Ohio law	3265
enforcement gateway. The attorney general shall permit the state	3266
medical board and board of nursing to access and view, but not	3267
alter, information gathered and disseminated through the Ohio law	3268
enforcement gateway.	3269

The attorney general may appoint a steering committee to	3270
advise the attorney general in the operation of the Ohio law	3271
enforcement gateway that is comprised of persons who are	3272
representatives of the criminal justice agencies in this state	3273
that use the Ohio law enforcement gateway and is chaired by the	3274
superintendent or the superintendent's designee.	3275

(D)(1) The following are not public records under section	3276
149.43 of the Revised Code:	3277

(a) Information and materials furnished to the superintendent	3278
pursuant to division (A) of this section;	3279

(b) Information, data, and statistics gathered or	3280
disseminated through the Ohio law enforcement gateway pursuant to	3281
division (C)(1) of this section;	3282

(c) Information and materials furnished to any board or	3283
person under division (F) or (G) of this section.	3284

(2) The superintendent or the superintendent's designee shall	3285
gather and retain information so furnished under division (A) of	3286
this section that pertains to the offense and delinquency history	3287
of a person who has been convicted of, pleaded guilty to, or been	3288
adjudicated a delinquent child for committing a sexually oriented	3289
offense or a child-victim oriented offense for the purposes	3290
described in division (C)(2) of this section.	3291

(E)(1) The attorney general shall adopt rules, in accordance	3292
with Chapter 119. of the Revised Code and subject to division	3293
(E)(2) of this section, setting forth the procedure by which a	3294
person may receive or release information gathered by the	3295
superintendent pursuant to division (A) of this section. A	3296
reasonable fee may be charged for this service. If a temporary	3297
employment service submits a request for a determination of	3298
whether a person the service plans to refer to an employment	3299
position has been convicted of or pleaded guilty to an offense	3300
listed or described in division (A)(1), (2), or (3) of section	3301
109.572 of the Revised Code, the request shall be treated as a	3302
single request and only one fee shall be charged.	3303

(2) Except as otherwise provided in this division, a rule	3304
adopted under division (E)(1) of this section may provide only for	3305
the release of information gathered pursuant to division (A) of	3306
this section that relates to the conviction of a person, or a	3307
person's plea of guilty to, a criminal offense. The superintendent	3308
shall not release, and the attorney general shall not adopt any	3309
rule under division (E)(1) of this section that permits the	3310
release of, any information gathered pursuant to division (A) of	3311
this section that relates to an adjudication of a child as a	3312
delinquent child, or that relates to a criminal conviction of a	3313
person under eighteen years of age if the person's case was	3314
transferred back to a juvenile court under division (B)(2) or (3)	3315
of section 2152.121 of the Revised Code and the juvenile court	3316
imposed a disposition or serious youthful offender disposition	3317
upon the person under either division, unless either of the	3318
following applies with respect to the adjudication or conviction:	3319

(a) The adjudication or conviction was for a violation of	3320
section 2903.01 or 2903.02 of the Revised Code.	3321

(b) The adjudication or conviction was for a sexually	3322
oriented offense, the juvenile court was required to classify the	3323
child a juvenile offender registrant for that offense under	3324
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	3325
classification has not been removed.	3326

(F)(1) As used in division (F)(2) of this section, "head	3327
start agency" means an entity in this state that has been approved	3328
to be an agency for purposes of subchapter II of the "Community	3329
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	3330
as amended.	3331

(2)(a) In addition to or in conjunction with any request that	3332
is required to be made under section 109.572, 2151.86, 3301.32,	3333
3301.541, division (C) of section 3310.58, or section 3319.39,	3334
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	3335
5153.111 of the Revised Code or that is made under section	3336
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	3337
board of education of any school district; the director of	3338
developmental disabilities; any county board of developmental	3339
disabilities; any provider or subcontractor as defined in section	3340
5123.081 of the Revised Code; the chief administrator of any	3341
chartered nonpublic school; the chief administrator of a	3342
registered private provider that is not also a chartered nonpublic	3343
school; the chief administrator of any home health agency; the	3344
chief administrator of or person operating any child day-care	3345
center, type A family day-care home, or type B family day-care	3346
home licensed under Chapter 5104. of the Revised Code; the chief	3347
administrator of any head start agency; the executive director of	3348
a public children services agency; a private company described in	3349
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised	3350
Code; or an employer described in division (J)(2) of section	3351
3327.10 of the Revised Code may request that the superintendent of	3352
the bureau investigate and determine, with respect to any	3353
individual who has applied for employment in any position after	3354
October 2, 1989, or any individual wishing to apply for employment	3355
with a board of education may request, with regard to the	3356
individual, whether the bureau has any information gathered under	3357
division (A) of this section that pertains to that individual. On	3358
receipt of the request, subject to division (E)(2) of this	3359
section, the superintendent shall determine whether that	3360
information exists and, upon request of the person, board, or	3361
entity requesting information, also shall request from the federal	3362
bureau of investigation any criminal records it has pertaining to	3363
that individual. The superintendent or the superintendent's	3364
designee also may request criminal history records from other	3365
states or the federal government pursuant to the national crime	3366
prevention and privacy compact set forth in section 109.571 of the	3367
Revised Code. Within thirty days of the date that the	3368
superintendent receives a request, subject to division (E)(2) of	3369
this section, the superintendent shall send to the board, entity,	3370
or person a report of any information that the superintendent	3371
determines exists, including information contained in records that	3372
have been sealed under section 2953.32 of the Revised Code, and,	3373
within thirty days of its receipt, subject to division (E)(2) of	3374
this section, shall send the board, entity, or person a report of	3375
any information received from the federal bureau of investigation,	3376
other than information the dissemination of which is prohibited by	3377
federal law.	3378

(b) When a board of education or a registered private	3379
provider is required to receive information under this section as	3380
a prerequisite to employment of an individual pursuant to division	3381
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	3382
may accept a certified copy of records that were issued by the	3383
bureau of criminal identification and investigation and that are	3384
presented by an individual applying for employment with the	3385
district in lieu of requesting that information itself. In such a	3386
case, the board shall accept the certified copy issued by the	3387
bureau in order to make a photocopy of it for that individual's	3388
employment application documents and shall return the certified	3389
copy to the individual. In a case of that nature, a district or	3390
provider only shall accept a certified copy of records of that	3391
nature within one year after the date of their issuance by the	3392
bureau.	3393

(c) Notwithstanding division (F)(2)(a) of this section, in	3394
the case of a request under section 3319.39, 3319.391, or 3327.10	3395
of the Revised Code only for criminal records maintained by the	3396
federal bureau of investigation, the superintendent shall not	3397
determine whether any information gathered under division (A) of	3398
this section exists on the person for whom the request is made.	3399

(3) The state board of education may request, with respect to	3400
any individual who has applied for employment after October 2,	3401
1989, in any position with the state board or the department of	3402
education, any information that a school district board of	3403
education is authorized to request under division (F)(2) of this	3404
section, and the superintendent of the bureau shall proceed as if	3405
the request has been received from a school district board of	3406
education under division (F)(2) of this section.	3407

(4) When the superintendent of the bureau receives a request	3408
for information under section 3319.291 of the Revised Code, the	3409
superintendent shall proceed as if the request has been received	3410
from a school district board of education and shall comply with	3411
divisions (F)(2)(a) and (c) of this section.	3412

(5) When a recipient of a classroom reading improvement grant	3413
paid under section 3301.86 of the Revised Code requests, with	3414
respect to any individual who applies to participate in providing	3415
any program or service funded in whole or in part by the grant,	3416
the information that a school district board of education is	3417
authorized to request under division (F)(2)(a) of this section,	3418
the superintendent of the bureau shall proceed as if the request	3419
has been received from a school district board of education under	3420
division (F)(2)(a) of this section.	3421

(G) In addition to or in conjunction with any request that is	3422
required to be made under section 3701.881, 3712.09, or 3721.121	3423
of the Revised Code with respect to an individual who has applied	3424
for employment in a position that involves providing direct care	3425
to an older adult or adult resident, the chief administrator of a	3426
home health agency, hospice care program, home licensed under	3427
Chapter 3721. of the Revised Code, or adult day-care program	3428
operated pursuant to rules adopted under section 3721.04 of the	3429
Revised Code may request that the superintendent of the bureau	3430
investigate and determine, with respect to any individual who has	3431
applied after January 27, 1997, for employment in a position that	3432
does not involve providing direct care to an older adult or adult	3433
resident, whether the bureau has any information gathered under	3434
division (A) of this section that pertains to that individual.	3435

In addition to or in conjunction with any request that is	3436
required to be made under section 173.27 of the Revised Code with	3437
respect to an individual who has applied for employment in a	3438
position that involves providing ombudsperson services to	3439
residents of long-term care facilities or recipients of	3440
community-based long-term care services, the state long-term care	3441
ombudsperson, ombudsperson's designee, or director of health may	3442
request that the superintendent investigate and determine, with	3443
respect to any individual who has applied for employment in a	3444
position that does not involve providing such ombudsperson	3445
services, whether the bureau has any information gathered under	3446
division (A) of this section that pertains to that applicant.	3447

In addition to or in conjunction with any request that is	3448
required to be made under section 173.394 of the Revised Code with	3449
respect to an individual who has applied for employment in a	3450
position that involves providing direct care to an individual, the	3451
chief administrator of a community-based long-term care agency may	3452
request that the superintendent investigate and determine, with	3453
respect to any individual who has applied for employment in a	3454
position that does not involve providing direct care, whether the	3455
bureau has any information gathered under division (A) of this	3456
section that pertains to that applicant.	3457

In addition to or in conjunction with any request that is	3458
required to be made under section 3712.09 of the Revised Code with	3459
respect to an individual who has applied for employment in a	3460
position that involves providing direct care to a pediatric	3461
respite care patient, the chief administrator of a pediatric	3462
respite care program may request that the superintendent of the	3463
bureau investigate and determine, with respect to any individual	3464
who has applied for employment in a position that does not involve	3465
providing direct care to a pediatric respite care patient, whether	3466
the bureau has any information gathered under division (A) of this	3467
section that pertains to that individual.	3468

On receipt of a request under this division, the	3469
superintendent shall determine whether that information exists	3470
and, on request of the individual requesting information, shall	3471
also request from the federal bureau of investigation any criminal	3472
records it has pertaining to the applicant. The superintendent or	3473
the superintendent's designee also may request criminal history	3474
records from other states or the federal government pursuant to	3475
the national crime prevention and privacy compact set forth in	3476
section 109.571 of the Revised Code. Within thirty days of the	3477
date a request is received, subject to division (E)(2) of this	3478
section, the superintendent shall send to the requester a report	3479
of any information determined to exist, including information	3480
contained in records that have been sealed under section 2953.32	3481
of the Revised Code, and, within thirty days of its receipt, shall	3482
send the requester a report of any information received from the	3483
federal bureau of investigation, other than information the	3484
dissemination of which is prohibited by federal law.	3485

(H) Information obtained by a government entity or person	3486
under this section is confidential and shall not be released or	3487
disseminated.	3488

(I) The superintendent may charge a reasonable fee for	3489
providing information or criminal records under division (F)(2) or	3490
(G) of this section.	3491

(J) As used in this section:

3492

(1) "Pediatric respite care program" and "pediatric care	3493
patient" have the same meanings as in section 3712.01 of the	3494
Revised Code.	3495

(2) "Sexually oriented offense" and "child-victim oriented	3496
offense" have the same meanings as in section 2950.01 of the	3497
Revised Code.	3498

(2)(3) "Registered private provider" means a nonpublic school	3499
or entity registered with the superintendent of public instruction	3500
under section 3310.41 of the Revised Code to participate in the	3501
autism scholarship program or section 3310.58 of the Revised Code	3502
to participate in the Jon Peterson special needs scholarship	3503
program.	3504

Section 6. That the existing version of section 109.57 of the	3505
Revised Code that is scheduled to take effect January 1, 2014, is	3506
hereby repealed.	3507

Section 6A. Sections 5 and 6 of this act take effect January	3508
1, 2014.	3509

Section 7. The provisions of this act regarding the licensure	3510
of pediatric respite care programs, as provided in the amendment	3511
and enactment of sections 3712.01, 3712.03, 3712.031, 3712.041,	3512
3712.051, 3712.061 3712.09, and 3712.99 of the Revised Code, shall	3513
be known as "Sarah's Law."	3514

Section 8. Section 109.57 of the Revised Code appears for	3515
purposes of its amendment by this act having been harmonized to	3516
include amendments of earlier acts having effective dates that are	3517
earlier and later than the effective date of the amendments by	3518
this act. This act neither delays nor accelerates those other	3519
effective dates, and the earlier amendments take effect according	3520
to the acts in which they appear.	3521

Section 9.  Section 109.57 of the Revised Code is presented	3522
in this act as a composite of the section as amended by both Am.	3523
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	3524
The version of section 109.57 of the Revised Code that takes	3525
effect on January 1, 2014, is presented in this act as a composite	3526
of the section as amended by Am. Sub. H.B. 487, Am. Sub. S.B. 316,	3527
and Am. Sub. S.B. 337, all of the 129th General Assembly. The	3528
General Assembly, applying the principle stated in division (B) of	3529
section 1.52 of the Revised Code that amendments are to be	3530
harmonized if reasonably capable of simultaneous operation, finds	3531
that the composites are the resulting versions of the sections in	3532
effect prior to the effective date of the sections as presented in	3533
this act.	3534

Section 10. This act is hereby declared to be an emergency	3535
measure necessary for the immediate preservation of the public	3536
peace, health, and safety. The reason for such necessity is that	3537
immediate action is necessary to provide for the special needs of	3538
children and to create a safe environment for Ohio's youth.	3539
Therefore, this act shall go into immediate effect.	3540