As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 453

Representative Grossman 

Cosponsors: Representatives Martin, Stebelton, Thompson, Adams, J., Hagan, C., Hackett, Roegner, Fedor 

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A BILL

To amend sections 119.062, 119.07, 3711.14, 4713.01,

1

4713.02, 4713.03, 4713.06, 4713.07, 4713.08,

2

4713.081, 4713.09, 4713.10, 4713.14, 4713.141,

3

4713.16, 4713.20, 4713.21, 4713.22, 4713.24,

4

4713.25, 4713.26, 4713.28, 4713.29, 4713.30,

5

4713.31, 4713.32, 4713.34, 4713.35, 4713.37,

6

4713.41, 4713.42, 4713.44, 4713.45, 4713.48,

7

4713.55, 4713.56, 4713.58, 4713.60, 4713.61,

8

4713.62, 4713.63, 4713.64, 4715.30, 4717.14,

9

4723.281, 4725.24, 4730.25, 4731.22, 4734.36,

10

4734.37, 4757.361, 4760.13, 4762.13, 4774.13,

11

4779.29, and 5123.0414; to enact new section

12

4713.39 and sections 4713.66 and 4713.67; and to

13

repeal sections 4713.17 and 4713.39 of the Revised

14

Code to make changes to the Cosmetology Licensing

15

Law and to change the method by which state

16

agencies send notice of a party's right to a

17

hearing under the Administrative Procedure Act.

18

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

Section 1. That sections 119.062, 119.07, 3711.14, 4713.01,	19
4713.02, 4713.03, 4713.06, 4713.07, 4713.08, 4713.081, 4713.09,	20
4713.10, 4713.14, 4713.141, 4713.16, 4713.20, 4713.21, 4713.22,	21
4713.24, 4713.25, 4713.26, 4713.28, 4713.29, 4713.30, 4713.31,	22
4713.32, 4713.34, 4713.35, 4713.37, 4713.41, 4713.42, 4713.44,	23
4713.45, 4713.48, 4713.55, 4713.56, 4713.58, 4713.60, 4713.61,	24
4713.62, 4713.63, 4713.64, 4715.30, 4717.14, 4723.281, 4725.24,	25
4730.25, 4731.22, 4734.36, 4734.37, 4757.361, 4760.13, 4762.13,	26
4774.13, 4779.29, and 5123.0414 be amended and new section 4713.39	27
and sections 4713.66 and 4713.67 of the Revised Code be enacted to	28
read as follows:	29

Sec. 119.062.  (A) Notwithstanding section 119.06 of the	30
Revised Code, the registrar of motor vehicles is not required to	31
hold any hearing in connection with an order canceling or	32
suspending a motor vehicle driver's or commercial driver's license	33
pursuant to section 2903.06, 2903.08, 2907.24, 2921.331, 4549.02,	34
4549.021, or 5743.99 or any provision of Chapter 2925., 4509.,	35
4510., or 4511. of the Revised Code or in connection with an	36
out-of-service order issued under Chapter 4506. of the Revised	37
Code.	38

(B) Notwithstanding section 119.07 of the Revised Code, the	39
registrar is not required to use registered mail, returna	40
delivery system with traceable delivery and signature receipt	41
requested,or to make personal delivery in connection with an	42
order canceling or suspending a motor vehicle driver's or	43
commercial driver's license or a notification to a person to	44
surrender a certificate of registration and registration plates.	45

Sec. 119.07.  Except when a statute prescribes a notice and	46
the persons to whom it shall be given, in all cases in which	47
section 119.06 of the Revised Code requires an agency to afford an	48
opportunity for a hearing prior to the issuance of an order, the	49
agency shall give notice to the party informing the party of the	50
party's right to a hearing. Notice shall be given by registered	51
mail, return receipt requested, andusing a delivery system that	52
delivers letters, packages, and other materials in the ordinary	53
course of business, with traceable delivery and signature receipt,	54
or by personal delivery. The notice shall include the charges or	55
other reasons for the proposed action, the law or rule directly	56
involved, and a statement informing the party that the party is	57
entitled to a hearing if the party requests it within thirty days	58
of the time of mailingsending or delivering the notice. The	59
notice shall also inform the party that at the hearing the party	60
may appear in person, by the party's attorney, or by such other	61
representative as is permitted to practice before the agency, or	62
may present the party's position, arguments, or contentions in	63
writing and that at the hearing the party may present evidence and	64
examine witnesses appearing for and against the party. A copy of	65
the notice shall be mailed to attorneys or other representatives	66
of record representing the party. This paragraph does not apply to	67
situations in which such section provides for a hearing only when	68
it is requested by the party.	69

When a statute specifically permits the suspension of a	70
license without a prior hearing, notice of the agency's order	71
shall be sent to the party by registered mail, return receipt	72
requestedusing a delivery system that delivers letters, packages,	73
and other materials in the ordinary course of business, with	74
traceable delivery and signature receipt, or delivered in person,	75
not later than the business day next succeeding such order. The	76
notice shall state the reasons for the agency's action, cite the	77
law or rule directly involved, and state that the party will be	78
afforded a hearing if the party requests it within thirty days of	79
the time of mailingsending or delivering the notice. A copy of	80
the notice shall be mailed to attorneys or other representatives	81
of record representing the party.	82

Whenever a party requests a hearing in accordance with this	83
section and section 119.06 of the Revised Code, the agency shall	84
immediately set the date, time, and place for the hearing and	85
forthwith notify the party thereof. The date set for the hearing	86
shall be within fifteen days, but not earlier than seven days,	87
after the party has requested a hearing, unless otherwise agreed	88
to by both the agency and the party.	89

When any notice sent by registered mail, as required byin	90
accordance with sections 119.01 to 119.13 of the Revised Code, is	91
returned because the party fails to claim the notice, the agency	92
shall send the notice by ordinary mail to the party at the party's	93
last known address and shall obtain a certificate of mailing.	94
Service by ordinary mail is complete when the certificate of	95
mailing is obtained unless the notice is returned showing failure	96
of delivery.	97

If any notice sent by registered or ordinary mail is returned	98
for failure of delivery, the agency either shall make personal	99
delivery of the notice by an employee or agent of the agency or	100
shall cause a summary of the substantive provisions of the notice	101
to be published once a week for three consecutive weeks in a	102
newspaper of general circulation in the county where the last	103
known address of the party is located. When notice is given by	104
publication, a proof of publication affidavit, with the first	105
publication of the notice set forth in the affidavit, shall be	106
mailed by ordinary mail to the party at the party's last known	107
address and the notice shall be deemed received as of the date of	108
the last publication. An employee or agent of the agency may make	109
personal delivery of the notice upon a party at any time.	110

Refusal of delivery by personal service or by mail is not	111
failure of delivery and service is deemed to be complete. Failure	112
of delivery occurs only when a mailed notice is returned by the	113
postal authoritiesdelivering entity marked undeliverable, address	114
or addressee unknown, or forwarding address unknown or expired. A	115
party's last known address is the mailing address of the party	116
appearing in the records of the agency.	117

The failure of an agency to give the notices for any hearing	118
required by sections 119.01 to 119.13 of the Revised Code in the	119
manner provided in this section shall invalidate any order entered	120
pursuant to the hearing.	121

Sec. 3711.14. (A) In accordance with Chapter 119. of the	122
Revised Code, the director of health may do any of the following:	123

(1) Impose a civil penalty of not less than one thousand	124
dollars and not more than two hundred fifty thousand dollars on a	125
person who violates a provision of this chapter or the rules	126
adopted under it;	127

(2) Summarily suspend, in accordance with division (B) of	128
this section, a license issued under this chapter if the director	129
believes there is clear and convincing evidence that the continued	130
operation of a maternity unit, newborn care nursery, or maternity	131
home presents a danger of immediate and serious harm to the	132
public;	133

(3) Revoke a license issued under this chapter if the	134
director determines that a violation of a provision of this	135
chapter or the rules adopted under it has occurred in such a	136
manner as to pose an imminent threat of serious physical or	137
life-threatening danger.	138

(B) If the director suspends a license under division (A)(2)	139
of this section, the director shall issue a written order of	140
suspension and cause it to be delivered by certified maila	141
delivery system or in person in accordance with section 119.07 of	142
the Revised Code. The order shall not be subject to suspension by	143
the court while an appeal filed under section 119.12 of the	144
Revised Code is pending. If the individual subject to the	145
suspension requests an adjudication, the date set for the	146
adjudication shall be within fifteen days but not earlier than	147
seven days after the individual makes the request, unless another	148
date is agreed to by both the individual and the director. The	149
summary suspension shall remain in effect, unless reversed by the	150
director, until a final adjudication order issued by the director	151
pursuant to this section and Chapter 119. of the Revised Code	152
becomes effective.	153

The director shall issue a final adjudication order not later	154
than ninety days after completion of the adjudication. If the	155
director does not issue a final order within the ninety-day	156
period, the summary suspension shall be void, but any final	157
adjudication order issued subsequent to the ninety-day period	158
shall not be affected.	159

(C) If the director issues an order revoking or suspending a	160
license issued under this chapter and the license holder continues	161
to operate a maternity unit, newborn care nursery, or maternity	162
home, the director may ask the attorney general to apply to the	163
court of common pleas of the county in which the person is located	164
for an order enjoining the person from operating the unit,	165
nursery, or home. The court shall grant the order on a showing	166
that the person is operating the unit, nursery, or home.	167

Sec. 4713.01.  As used in this chapter:

168

"Apprentice instructor" means a personan individual holding	169
a practicing license issued by the state board of cosmetology who	170
is engaged in learning or acquiring knowledge of the occupation of	171
an instructor of a branch of cosmetology at a school of	172
cosmetology.	173

"Beauty salon" means any premises, building, or part of a	174
buildinga salon in which a personan individual is authorized to	175
engage in all branches of cosmetology. "Beauty salon" does not	176
include a barber shop licensed under Chapter 4709. of the Revised	177
Code in which a person engages in the practice of manicuring.	178

"Biennial licensing period" means the two-year period	179
beginning on the first day of February of an odd-numbered year and	180
ending on the last day of January of the next odd-numbered year.	181

"Braider" means an individual who engages in the practice of	182
braiding but no other branch of cosmetology.	183

"Braiding instructor" means intertwining the hair in a	184
systematic motion to create patterns in a three-dimensional form,	185
inverting the hair against the scalp along part of a straight or	186
curved row of intertwined hair, or twisting the hair in a	187
systematic motion, and includes extending the hair with natural or	188
synthetic hair fibersan individual who teaches the theory and	189
practice of braiding, but no other branch of cosmetology, at a	190
school of cosmetology.	191

"Braiding salon" means a salon in which an individual engages	192
in the practice of braiding but no other branch of cosmetology.	193

"Branch of cosmetology" means the practice of braiding,	194
practice of cosmetology, practice of esthetics, practice of hair	195
design, practice of manicuring, or practice of natural hair	196
styling, or practice of threading.	197

"Cosmetic therapy" has the same meaning as in section 4731.15	198
of the Revised Code.	199

"Cosmetologist" means a personan individual authorized to	200
engage in all branches of cosmetology.	201

"Cosmetology" means the art or practice of embellishment,	202
cleaning, beautification, and styling of hair, wigs, postiches,	203
face, body, or nails and tanning of the skin.	204

"Cosmetology instructor" means a personan individual	205
authorized to teach the theory and practice of all branches of	206
cosmetology at a school of cosmetology.	207

"Esthetician" means a personan individual who engages in the	208
practice of esthetics but no other branch of cosmetology.	209

"Esthetics instructor" means a personan individual who	210
teaches the theory and practice of esthetics, but no other branch	211
of cosmetology, at a school of cosmetology.	212

"Esthetics salon" means any premises, building, or part of a	213
buildinga salon in which a personan individual engages in the	214
practice of esthetics but no other branch of cosmetology.	215

"Hair designer" means a personan individual who engages in	216
the practice of hair design but no other branch of cosmetology.	217

"Hair design instructor" means a personan individual who	218
teaches the theory and practice of hair design, but no other	219
branch of cosmetology, at a school of cosmetology.	220

"Hair design salon" means any premises, building, or part of	221
a buildinga salon in which a personan individual engages in the	222
practice of hair design but no other branch of cosmetology.	223

"Independent contractor license" means a license to practice	224
a branch of cosmetology at a salon in which the license holder	225
rents booth space.	226

"Instructor license" means a license to teach the theory and	227
practice of a branch of cosmetology at a school of cosmetology.	228

"Managing braider" means an individual authorized to manage a	229
braiding salon, but no other type of salon, and engage in the	230
practice of braiding, but no other branch of cosmetology.	231

"Managing cosmetologist" means a personan individual	232
authorized to manage a beauty salon and engage in all branches of	233
cosmetology.	234

"Managing esthetician" means a personan individual	235
authorized to manage an esthetics salon, but no other type of	236
salon, and engage in the practice of esthetics, but no other	237
branch of cosmetology.	238

"Managing hair designer" means a personan individual	239
authorized to manage a hair design salon, but no other type of	240
salon, and engage in the practice of hair design, but no other	241
branch of cosmetology.	242

"Managing license" means a license to manage a salon and	243
practice theoffering a branch of cosmetology practiced at the	244
salonappropriate to the license.	245

"Managing manicurist" means a personan individual authorized	246
to manage a nail salon, but no other type of salon, and engage in	247
the practice of manicuring, but no other branch of cosmetology.	248

"Managing natural hair stylist" means a personan individual	249
authorized to manage a natural hair style salon, but no other type	250
of salon, and engage in the practice of natural hair styling, but	251
no other branch of cosmetology.	252

"Managing threader" means an individual authorized to manage	253
a threading salon, but no other type of salon, and engage in the	254
practice of threading, but no other branch of cosmetology.	255

"Manicurist" means a personan individual who engages in the	256
practice of manicuring but no other branch of cosmetology.	257

"Manicurist instructor" means a personan individual who	258
teaches the theory and practice of manicuring, but no other branch	259
of cosmetology, at a school of cosmetology.	260

"Nail salon" means any premises, building, or part of a	261
buildinga salon in which a personan individual engages in the	262
practice of manicuring but no other branch of cosmetology. "Nail	263
salon" does not include a barber shop licensed under Chapter 4709.	264
of the Revised Code in which a person engages in the practice of	265
manicuring.	266

"Natural hair stylist" means a personan individual who	267
engages in the practice of natural hair styling but no other	268
branch of cosmetology.	269

"Natural hair style instructor" means a personan individual	270
who teaches the theory and practice of natural hair styling, but	271
no other branch of cosmetology, at a school of cosmetology.	272

"Natural hair style salon" means any premises, building, or	273
part of a buildinga salon in which a personan individual engages	274
in the practice of natural hair styling but no other branch of	275
cosmetology.	276

"Practice of braiding" means utilizing the technique of	277
intertwining hair in a systematic motion to create patterns in a	278
three dimensional form, including patterns that are inverted,	279
upright, or singled against the scalp that follow along straight	280
or curved partings. It may include twisting or locking the hair	281
while adding bulk or length with human hair, synthetic hair, or	282
both and using simple devices such as clips, combs, and hairpins.	283
"Practice of braiding" does not include any of the following:	284
application of weaving, bonding, and fusion of individual strands	285
or wefts; application of dyes, reactive chemicals, or other	286
preparations to alter the color or straighten, curl, or alter the	287
structure of hair; embellishing or beautifying hair by cutting or	288
singeing, except as needed to finish the ends of synthetic fibers	289
used to add bulk to or lengthen hair.	290

"Practice of cosmetology" means the practice of all branches	291
of cosmetology.	292

"Practice of esthetics" means the application of cosmetics,	293
tonics, antiseptics, creams, lotions, or other preparations for	294
the purpose of skin beautification and includes preparation of the	295
skin by manual massage techniques or by use of electrical,	296
mechanical, or other apparatus. It also includes enhancing the	297
skin by skin care, facials, body treatments, hair removal, and	298
other treatments; applying permanent cosmetics to the eyes,	299
eyebrows, and lips; and applying eyelash extensions.	300

"Practice of hair design" means embellishing or beautifying	301
hair, wigs, or hairpieces by arranging, dressing, pressing,	302
curling, waving, permanent waving, cleansing, cutting, singeing,	303
bleaching, coloring, braiding, weaving, or similar work. "Practice	304
of hair design" includes utilizing techniques performed by hand	305
that result in tension on hair roots such as twisting, wrapping,	306
weaving, extending, locking, or braiding of the hair.	307

"Practice of manicuring" means manicuringcleaning, trimming,	308
shaping the free edge of, or applying polish to the nails of any	309
person,individual; applying artificial or sculptured nails to any	310
person,; massaging the hands and lower arms up to the elbow of any	311
person,; massaging the feet and lower legs up to the knee of any	312
person,; using lotions or softeners on the hands and feet; or any	313
combination of these four types of services.	314

"Practice of natural hair styling" means utilizing techniques	315
performed by hand that result in tension on hair roots such as	316
twisting, wrapping, weaving, extending, locking, or braiding of	317
the hair. "Practice of natural hair styling" does not include the	318
application of dyes, reactive chemicals, or other preparations to	319
alter the color or to straighten, curl, or alter the structure of	320
the hair. "Practice of natural hair styling" also does not include	321
embellishing or beautifying hair by cutting or singeing, except as	322
needed to finish off the end of a braid, or by dressing, pressing,	323
curling, waving, permanent waving, or similar work.	324

"Practice of threading" means removing unwanted hair	325
utilizing techniques performed by hand. "Practice of threading"	326
does not include the use of chemical applications such as waxes	327
and depilatories.	328

"Practicing license" means a license to practice a branch of	329
cosmetology.	330

"Salon" means a beauty salon, esthetics salon, hair design	331
salon, nail salon, or natural hair style salonany premises,	332
building, or part of a building in which an individual engages in	333
the practice of one or more branches of cosmetology. "Salon" does	334
not include a barber shop licensed under Chapter 4709. of the	335
Revised Code. "Salon" does not mean a tanning facility, although a	336
tanning facility may be located in a salon.	337

"School of cosmetology" means any premises, building, or part	338
of a building in which students are instructed in the theories and	339
practices of one or more branches of cosmetology.	340

"Student" means a personan individual, other than an	341
apprentice instructor, who is engaged in learning or acquiring	342
knowledge of the practice of a branch of cosmetology at a school	343
of cosmetology.	344

"Tanning facility" means a room or booth that housesany	345
premises, building, or part of a building that contains one or	346
more rooms or booths with equipment or beds used for tanning human	347
skin by the use of fluorescent sun lamps using ultraviolet or	348
other artificial radiation.	349

"Threading salon" means a salon in which an individual	350
engages in the practice of threading but no other branch of	351
cosmetology.	352

"Threader" means an individual who engages in the practice of	353
threading but no other branch of cosmetology.	354

"Threading instructor" means an individual who teaches the	355
theory and practice of threading, but no other branch of	356
cosmetology, at a school of cosmetology.	357

Sec. 4713.02.  (A) There is hereby created theThe state	358
board of cosmetology, consisting of all ofis hereby created to	359
regulate the practice of cosmetology and all of its branches to	360
protect the public and individuals practicing in accordance with	361
this chapter.	362

(B) The board shall consist of the following members	363
appointed by the governor, with the advice and consent of the	364
senate:	365

(1) One personTwo individuals holding a current, valid	366
cosmetologist, managing cosmetologist, or cosmetology instructor	367
licenselicenses at the time of appointment;	368

(2) Two personsindividuals holding current, valid managing	369
cosmetologist licenses and actively engaged in managing beauty	370
salons at the time of appointment;	371

(3) One personindividual who holds a current, valid	372
independent contractor license at the time of appointment or the	373
owner or manager of a licensed salon in which at least one person	374
individual holding a current, valid independent contractor license	375
practices a branch of cosmetology;	376

(4) One personindividual who represents individuals who	377
teach the theory and practice of a branch of cosmetology at a	378
vocational school;	379

(5) One owner of a licensed school of cosmetology;

380

(6) One owner of at least five licensed salons;

381

(7) One personindividual who is either a certified nurse	382
practitioner or clinical nurse specialist holding a certificate of	383
authority issued under Chapter 4723. of the Revised Code, or a	384
physician authorized under Chapter 4731. of the Revised Code to	385
practice medicine and surgery or osteopathic medicine and surgery;	386

(8) One personindividual representing the general public.

387

(B)(C) The superintendent of public instruction shall	388
nominate three personsindividuals for the governor to choose from	389
when making an appointment under division (A)(B)(4) of this	390
section.	391

(C)(D) All members shall be at least twenty-five years of	392
age, residents of the state, and citizens of the United States. No	393
more than two members, at any time, shall be graduates of the same	394
school of cosmetology.	395

Except for the initial members appointed under divisions	396
(A)(3) and (4) of this section, termsTerms of office are for five	397
years. The term of the initial member appointed under division	398
(A)(3) of this section shall be three years. The term of the	399
initial member appointed under division (A)(4) of this section	400
shall be four years. Terms shall commence on the first day of	401
November and end on the thirty-first day of October. Each member	402
shall hold office from the date of appointment until the end of	403
the term for which appointed. In case of a vacancy occurring on	404
the board, the governor shall, in the same manner prescribed for	405
the regular appointment to the board, fill the vacancy by	406
appointing a member. Any member appointed to fill a vacancy	407
occurring prior to the expiration of the term for which the	408
member's predecessor was appointed shall hold office for the	409
remainder of such term. Any member shall continue in office	410
subsequent to the expiration date of the member's term until the	411
member's successor takes office, or until a period of sixty days	412
has elapsed, whichever occurs first. Before entering upon the	413
discharge of the duties of the office of member, each member shall	414
take, and file with the secretary of state, the oath of office	415
required by Section 7 of Article XV, Ohio Constitution.	416

The members of the board shall receive an amount fixed	417
pursuant to Chapter 124. of the Revised Code per diem for every	418
meeting of the board which they attend, together with their	419
necessary expenses, and mileage for each mile necessarily	420
traveled.	421

The members of the board shall annually elect, from among	422
their number, a chairperson and a vice-chairperson. The executive	423
director appointed under section 4713.06 of the Revised Code shall	424
serve as the board's secretary.	425

The board shall prescribe the duties of its officers and	426
establish an office within Franklin Countycounty. The board shall	427
keep all records and files at the office and have the records and	428
files at all reasonable hours open to public inspection in	429
accordance with section 143.49 of the Revised Code and any rules	430
adopted by the board in compliance with the state's record	431
retention policy. The board also shall adopt a seal.	432

Sec. 4713.03.  The state board of cosmetology shall hold a	433
meetingmeetings to transact its business at least four times a	434
year. The board may hold additional meetings as, in its judgment,	435
are necessary. The board shall meet at the times and places it	436
selects.	437

Sec. 4713.06. The state board of cosmetology shall annually	438
appoint an executive director. The executive director may not be a	439
member of the board. The executive director, before entering upon	440
the discharge of the executive director's duties, shall file with	441
the secretary of state a good and sufficient bond payable to the	442
state, to ensure the faithful performance of duties of the office	443
of executive director. The bond shall be in an amount the board	444
requires. The premium of the bond shall be paid from	445
appropriations made to the board for operating purposes.	446

The boardexecutive director shall carry out the	447
administrative functions of the board and implement the policies	448
developed by the board to regulate the practice of cosmetology.	449

The executive director shall employ those staff members and	450
consultants necessary to implement the board's regulatory purpose	451
and the policies it develops. The executive director may employ	452
inspectors, examiners, consultants on contents of examinations,	453
and clerks, or other individuals as necessary for the	454
administration of this chapter. All inspectors and examiners shall	455
be licensed cosmetologists.	456

The board may appointexecutive director shall delegate to	457
inspectors ofauthority to inspect and investigate all facilities	458
regulated by this chapter, including tanning facilities as needed	459
to make periodic inspections as the board specifies, to ensure	460
compliance with this chapter, the rules adopted under it, and the	461
board's policies.	462

Sec. 4713.07. (A) The state board of cosmetology shall do all	463
of the following:	464

(A)(1) Regulate the practice of cosmetology and all of its	465
branches in this state;	466

(2) Investigate or inspect in accordance with section 4713.67	467
of the Revised Code the activities or premises of a license holder	468
or unlicensed person who is alleged to have violated any section	469
of this chapter or any rule adopted under it;	470

(3) Adopt rules in accordance with section 4713.08 of the	471
Revised Code;	472

(4) Prescribe and make available application forms to be used	473
by personsindividuals seeking admission to an examination	474
conducted under section 4713.24 of the Revised Code or persons	475
seeking a license issued under this chapter;	476

(B)(5) Prescribe and make available application forms to be	477
used by persons seeking renewal of a license issued under this	478
chapter;	479

(C)(6) Report to the proper prosecuting officer all	480
violations of section 4713.14 of the Revised Code of which the	481
board is aware;	482

(D)(7) Submit a written report annually to the governor that	483
provides all of the following:	484

(1)(a) A discussion of the conditions in this state of the	485
branches of cosmetology;	486

(2)(b) A brief summary of the board's proceedings during the	487
year the report covers;	488

(3)(c) A statement of all money that the board received and	489
expended during the year the report covers.	490

(E)(8) Keep a record of all of the following:

491

(1)(a) The board's proceedings;

492

(2)(b) The name and last known physical address, electronic	493
mail address, and telephone number of each person issued a license	494
under section 4713.28, 4713.30, 4713.31, 4713.34, or 4713.39 of	495
the Revised Codethis chapter;	496

(3) The name and address of each salon issued a license under	497
section 4713.41 of the Revised Code and each school of cosmetology	498
issued a license under section 4713.44 of the Revised Code;	499

(4) The name and address of each tanning facility issued a	500
permit under section 4713.48 of the Revised Code;	501

(5)(c) The date and number of each license and permit that	502
the board issues;	503

(F)(9) All other duties that this chapter imposes on the	504
board.	505

(B) The board may delegate any of the duties listed in	506
division (A) of this section to the executive director or to an	507
individual designated by the executive director.	508

Sec. 4713.08. (A) The state board of cosmetology shall adopt	509
rules in accordance with Chapter 119. of the Revised Code as	510
necessary to implement this chapter. The rules shall do all of the	511
following:	512

(1) Govern the practice of the branches of cosmetology and	513
management of salons;	514

(2) Specify conditions a person must satisfy to qualify for a	515
temporary pre-examination work permit under section 4713.22 of the	516
Revised Code and the conditions and method of renewing a temporary	517
pre-examination work permit under that section;	518

(3) Provide for the conduct of examinations under section	519
4713.24 of the Revised Code;	520

(4) Specify conditions under which the board will take into	521
account, under section 4713.32 of the Revised Code, instruction an	522
applicant for a license under section 4713.28, 4713.30, or 4713.31	523
of the Revised Code received more than five years before the date	524
of application for the license;	525

(5) Provide for the granting of waivers under section 4713.29	526
of the Revised Code;	527

(6) Specify conditions an applicant must satisfy for the	528
board to issue the applicant a license under section 4713.34 of	529
the Revised Code without the applicant taking an examination	530
conducted under section 4713.24 of the Revised Code;	531

(7) Specify locations in which glamour photography services	532
in which a branch of cosmetology is practiced may be provided;	533

(8) Establish conditions and the fee for a temporary special	534
occasion work permit under section 4713.37 of the Revised Code and	535
specify the amount of time such a permit is valid;	536

(9) Specify conditions an applicant must satisfy for the	537
board to issue the applicant an independent contractor license	538
under section 4713.39 of the Revised Code and the fee for issuance	539
and renewal of the license;	540

(10) Establish conditions under which food may be sold at a	541
salon;	542

(11) Specify which professions regulated by a professional	543
regulatory board of this state may be practiced in a salon under	544
section 4713.42 of the Revised Code;	545

(12) Establish standards for the provision of cosmetic	546
therapy, massage therapy, or other professional service in a salon	547
pursuant to section 4713.42 of the Revised Code;	548

(13) Establish standards for board approval of, and the	549
granting of credits for, training in branches of cosmetology at	550
schools of cosmetology licensed in this state;	551

(14) Establish sanitary standards for the practice of the	552
branches of cosmetology, salons, and schools of cosmetology;	553

(15) Establish the application process for obtaining a	554
tanning facility permit under section 4713.48 of the Revised Code,	555
including the amount of the fee for an initial or renewed permit;	556

(16) Establish standards for installing and operating a	557
tanning facility in a manner that ensures the health and safety of	558
consumers, including standards that do all of the following:	559

(a) Establish a maximum safe time of exposure to radiation	560
and a maximum safe temperature at which sun lamps may be operated;	561

(b) Require consumers to wear protective eyeglasses and be	562
supervised as to the length of time consumers use the facility;	563

(c) Require the operator to prohibit consumers from standing	564
too close to sun lamps and to post signs warning consumers of the	565
potential effects of radiation on persons taking certain	566
medications and of the possible relationship of the radiation to	567
skin cancer;	568

(d) Require the installation of protective shielding for sun	569
lamps and handrails for consumers;	570

(e) Require floors to be dry during operation of lamps;

571

(f) Require a consumer who is under the age of eighteen to	572
obtain written consent from the consumer's parent or legal	573
guardian prior to receiving tanning services.	574

(17)(a) If the board, under section 4713.61 of the Revised	575
Code, develops a procedure for classifying licenses inactivein	576
escrow, do both of the following:	577

(i) Establish a fee for having a license classified inactive	578
in escrow that reflects the cost to the board of providing the	579
inactiveescrow license service;	580

(ii) Specify the continuing education that a person whose	581
license has been classified inactivein escrow must complete to	582
have the license restored. The continuing education shall be	583
sufficient to ensure the minimum competency in the use or	584
administration of a new procedure or product required by a	585
licensee necessary to protect public health and safety. The	586
requirement shall not exceed the cumulative number of hours of	587
continuing education that the person would have been required to	588
complete had the person retained an active license.	589

(b) In addition, the board may specify the conditions and	590
method for granting a temporary work permit to practice a branch	591
of cosmetology to a person whose license has been classified	592
inactivein escrow.	593

(18) Establish a fee for approval of a continuing education	594
program under section 4713.62 of the Revised Code that is adequate	595
to cover any expense the board incurs in the approval process;	596

(19) Anything else necessary to implement this chapter.

597

(B)(1) The rules adopted under division (A)(2) of this	598
section may establish additional conditions for a temporary	599
pre-examination work permit under section 4713.22 of the Revised	600
Code that are applicable to persons who practice a branch of	601
cosmetology in another state or country.	602

(2) The rules adopted under division (A)(17)(b) of this	603
section may establish additional conditions for a temporary work	604
permit that are applicable to persons who practice a branch of	605
cosmetology in another state.	606

(C) The conditions specified in rules adopted under division	607
(A)(6) of this section may include that an applicant is applying	608
for a license to practice a branch of cosmetology for which the	609
board determines an examination is unnecessary.	610

(D) The rules adopted under division (A)(11) of this section	611
shall not include a profession if practice of the profession in a	612
salon is a violation of a statute or rule governing the	613
profession.	614

(E) The sanitary standards established under division (A)(14)	615
of this section shall focus in particular on precautions to be	616
employed to prevent infectious or contagious diseases being	617
created or spread. The board shall consult with the Ohio	618
department of health when establishing the sanitary standards.	619

(F) The fee established by rules adopted under division	620
(A)(15) of this section shall cover the cost the board incurs in	621
inspecting tanning facilities and enforcing the board's rules but	622
may not exceed one hundred dollars per location of such	623
facilities.	624

Sec. 4713.081. The state board of cosmetology shall furnish a	625
copy of the sanitary standards established by rules adopted under	626
section 4713.08 of the Revised Code to each person to whom the	627
board issues a practicing license, managing license, or license to	628
operate a salon or school of cosmetology. The board also shall	629
furnish a copy of the sanitary standards to each personindividual	630
providing cosmetic therapy, massage therapy, or other professional	631
service in a salon under section 4713.42 of the Revised Code. A	632
salon or school of cosmetology provided a copy of the sanitary	633
standards shall post the standards in a public and conspicuous	634
place in the salon or school.	635

Sec. 4713.09. The state board of cosmetology may adopt rules	636
in accordance with Chapter 119.section 4713.08 of the Revised	637
Code to establish a continuing education requirement, not to	638
exceed eighttwelve hours in a biennial licensing period, as a	639
condition of renewal for a practicing license, managing license,	640
or instructor license.	641

In addition to any continuing education required by the	642
board's rules, an independent contractor shall complete a minimum	643
of four hours of instruction in business and tax as a condition of	644
license renewal.	645

An individual's completion of any corrective action course	646
required under division (B) of section 4713.64 of the Revised Code	647
shall not be accepted by the board as meeting any part of a	648
continuing education requirement established under this section or	649
the instruction required by this section.	650

Sec. 4713.10. (A) The state board of cosmetology shall	651
charge and collect the following fees:	652

(A)(1) For a temporary pre-examination work permit under	653
section 4713.22 of the Revised Code, fiveseven dollars and fifty	654
cents;	655

(B)(2) For initial application to take an examination under	656
section 4713.24 of the Revised Code, twentythirty-one dollars and	657
fifty cents;	658

(C)(3) For application to take an examination under section	659
4713.24 of the Revised Code by an applicant who has previously	660
applied to take, but failed to appear for, the examination, forty	661
dollars;	662

(D)(4) For application to re-take an examination under	663
section 4713.24 of the Revised Code by an applicant who has	664
previously appeared for, but failed to pass, the examination,	665
twentythirty-one dollars and fifty cents;	666

(E)(5) For the issuance of a license under section 4713.28,	667
4713.30, or 4713.31 of the Revised Code, thirtyforty-five	668
dollars;	669

(F)(6) For the issuance of a license under section 4713.34 of	670
the Revised Code, sixtyseventy dollars;	671

(G)(7) For renewal of a license issued under section 4713.28,	672
4713.30, 4713.31, or 4713.34 of the Revised Code, thirty	673
forty-five dollars;	674

(H)(8) For the issuance or renewal of a cosmetology school	675
license, two hundred fifty dollars;	676

(I)(9) For the inspection and issuance of a new salon license	677
or the change of name or ownership of a salon license under	678
section 4713.41 of the Revised Code, sixtyseventy-five dollars;	679

(J)(10) For the renewal of a salon license under section	680
4713.41 of the Revised Code, fiftysixty dollars;	681

(K)(11) For the restoration of an expireda license that may	682
be restored pursuant tounder section 4713.63 of the Revised Code,	683
and in addition to the payments for all lapsed renewal fees,	684
thirty dollarsan amount equal to two times the current renewal	685
fee plus, if the license has not been valid for more than one	686
license renewal period, forty-five dollars for each renewal period	687
that has elapsed since the license was last issued or renewed;	688

(L)(12) For the issuance of a duplicate of any license,	689
fifteenforty-five dollars;	690

(M)(13) For the preparation and mailing of a licensee's	691
records to another state for a reciprocity license or for the	692
preparation and mailing of an unlicensed individual's records to	693
another state, fifty dollars;	694

(N)(14) For the processing of any fees related to a check	695
from a licensee returned to the board for insufficient funds, an	696
additional twentythirty dollars;	697

(15) For the processing of any renewal fee not paid by the	698
license expiration date, forty-five dollars;	699

(16) For the restoration of a license in escrow to a current	700
active status, thirty dollars.	701

(B) The board may establish an installment plan for the	702
payment of fines and fees and may reduce fees as considered	703
appropriate by the executive director.	704

(C) At the request of a person who is temporarily unable to	705
pay a fee imposed under division (A) of this section, or on its	706
own motion, the board may extend the date payment is due by up to	707
ninety days. If the fee remains unpaid after the date payment is	708
due, the amount of the fee shall be certified to the attorney	709
general for collection in the form and manner prescribed by the	710
attorney general. The attorney general may assess the collection	711
cost to the amount certified in such a manner and amount as	712
prescribed by the attorney general.	713

Sec. 4713.14.  No person shall do any of the following:

714

(A) Use fraud or deceit in making application for a license	715
or permit;	716

(B) Aid or abet any person:

717

(1) Violating this chapter or a rule adopted under it;

718

(2) Obtaining a license or permit fraudulently;

719

(3) Falsely pretending to hold a current, valid license or	720
permit.	721

(C) Practice a branch of cosmetology, for pay, free, or	722
otherwise, without one of the following authorizing the practice	723
of that branch of cosmetology:	724

(1) A current, valid license under section 4713.28, 4713.30,	725
or 4713.34 of the Revised Code;	726

(2) A current, valid temporary pre-examination work permit	727
issued under section 4713.22 of the Revised Code;	728

(3) A current, valid temporary special occasion work permit	729
issued under section 4713.37 of the Revised Code;	730

(4) A current, valid temporary work permit issued under rules	731
adopted by the board pursuant to section 4713.08 of the Revised	732
Code.	733

(D) Employ a personan individual to practice a branch of	734
cosmetology if the personindividual does not hold one of the	735
following authorizing the practice of that branch of cosmetology:	736

(1) A current, valid license under section 4713.28, 4713.30,	737
or 4713.34 of the Revised Code;	738

(2) A current, valid temporary pre-examination work permit	739
issued under section 4713.22 of the Revised Code;	740

(3) A current, valid temporary special occasion work permit	741
issued under section 4713.37 of the Revised Code;	742

(4) A current, valid temporary work permit issued under rules	743
adopted by the board pursuant to section 4713.08 of the Revised	744
Code.	745

(E) Manage a salon without a current, valid license issued	746
under section 4713.30 or 4713.34 of the Revised Code to manage	747
that type of salon;	748

(F) Except for apprentice instructors and as provided in	749
section 4713.45 of the Revised Code, teach the theory or practice	750
of a branch of cosmetology at a school of cosmetology without	751
either of the following authorizing the teaching of that branch of	752
cosmetology:	753

(1) A current, valid license under section 4713.31 or 4713.34	754
of the Revised Code;	755

(2) A current, valid temporary special occasion work permit	756
issued under section 4713.37 of the Revised Code.	757

(G) Advertise or operate a glamour photography service in	758
which a branch of cosmetology is practiced unless the person	759
individual practicing the branch of cosmetology holds either of	760
the following authorizing the practice of that branch of	761
cosmetology:	762

(1) A current, valid license under section 4713.28, 4713.30,	763
or 4713.34 of the Revised Code;	764

(2) A current, valid temporary special occasion work permit	765
issued under section 4713.37 of the Revised Code.	766

(H) Advertise or operate a glamour photography service in	767
which a branch of cosmetology is practiced at a location not	768
specified by rules adopted under section 4713.08 of the Revised	769
Code;	770

(I) Practice a branch of cosmetology at a salon in which the	771
person rents booth spaceas an independent contractor without a	772
current, valid independent contractor license issued under section	773
4713.39 of the Revised Code;	774

(J) Operate a salon without a current, valid license under	775
section 4713.41 of the Revised Code;	776

(K) Provide cosmetic therapy or massage therapy at a salon	777
for pay, free, or otherwise without a current, valid certificate	778
issued by the state medical board under section 4731.15 of the	779
Revised Code or provide any other professional service at a salon	780
for pay, free, or otherwise without a current, valid license or	781
certificate issued by the professional regulatory board of this	782
state that regulates the profession;	783

(L) Teach a branch of cosmetology at a salon, unless the	784
personindividual receiving the instruction holds either of the	785
following authorizing the practice of that branch of cosmetology:	786

(1) A current, valid license under section 4713.28, 4713.30,	787
or 4713.34 of the Revised Code;	788

(2) A current, valid temporary pre-examination work permit	789
issued under section 4713.22 of the Revised Code.	790

(M) Operate a school of cosmetology without a current, valid	791
license under section 4713.44 of the Revised Code;	792

(N) At a salon or school of cosmetology, do either of the	793
following:	794

(1) Use or possess a cosmetic product containing an	795
ingredient that the United States food and drug administration has	796
prohibited by regulation;	797

(2)(O) Use a cosmetic product in a manner inconsistent with a	798
restriction established by the United States food and drug	799
administration by regulation;	800

(3)(P) Use or possess a liquid nail monomer containing any	801
trace of methyl methacrylate (MMA).	802

(O)(Q) While in charge of a salon or school of cosmetology,	803
permit any personindividual to sleep in, or use for residential	804
purposes, any room used wholly or in part as the salon or school	805
of cosmetology;	806

(P)(R) Maintain, as an established place of business for the	807
practice of one or more of the branches of cosmetology, a room	808
used wholly or in part for sleeping or residential purposes;	809

(Q)(S)Treat as an independent contractor for purposes of	810
federal or state taxes or workers' compensation an individual the	811
person hired, sets the schedule of, or compensates by commission	812
or otherwise;	813

(T) Operate a tanning facility that is offered to the public	814
for a fee or other compensationotherwise without a current, valid	815
permit under section 4713.48 of the Revised Code;	816

(U) Use any of the services or arts that are part of the	817
practice of a branch of cosmetology to treat or attempt to cure a	818
physical or mental disease or ailment.	819

Sec. 4713.141. An inspector employed by the state board of	820
cosmetology may take a sample of a product used or sold in a salon	821
or school of cosmetology for the purpose of examining the sample,	822
or causing an examination of the sample to be made, to determine	823
whether division (N), (O), or (P) of section 4713.14 of the	824
Revised Code has been violated.	825

Should the results of the test prove that division (N), (O),	826
or (P) of section 4713.14 of the Revised Code has been violated,	827
the board shall take action in accordance with section 4713.64 of	828
the Revised Code. A fine imposed under that section shall include	829
the cost of the test. The person's license may be suspended or	830
revoked.	831

Sec. 4713.16. (A) This chapter does not prohibit any of the	832
following:	833

(A)(1) Practicing a branch of cosmetology without a license	834
if the personindividual does so for free at the person's	835
individual's home for a family member who resides in the same	836
household as the personindividual;	837

(B)(2) The retail sale, or trial demonstration by application	838
to the skin for purposes of retail sale, of cosmetics,	839
preparations, tonics, antiseptics, creams, lotions, wigs, or	840
hairpieces without a practicing license;	841

(C)(3) The retailing, at a salon, of cosmetics, preparations,	842
tonics, antiseptics, creams, lotions, wigs, hairpieces, clothing,	843
or any other items that pose no risk of creating unsanitary	844
conditions at the salon;	845

(D)(4) The provision of glamour photography services at a	846
licensed salon if either of the following is the case:	847

(1)(a) A branch of cosmetology is not practiced as part of	848
the services.	849

(2)(b) If a branch of cosmetology is practiced as part of the	850
services, the part of the services that is a branch of cosmetology	851
is performed by a personan individual who holds either of the	852
following authorizing the personindividual to practice that	853
branch of cosmetology:	854

(a)(i) A current, valid license under section 4713.28,	855
4713.30, or 4713.34 of the Revised Code;	856

(b)(ii) A current, valid temporary special occasion work	857
permit issued under section 4713.37 of the Revised Code.	858

(E)(5) A student engaging, as a student, in work connected	859
with a branch of cosmetology taught at the school of cosmetology	860
at which the student is enrolled.	861

(B) The following are exempt from the provisions of this	862
chapter, except, as applicable, section 4713.42 of the Revised	863
Code:	864

(1) All individuals authorized to practice medicine, surgery,	865
dentistry, and nursing or any of its branches in this state,	866
insofar as their usual and ordinary vocations and professions are	867
concerned;	868

(2) Commissioned surgical and medical officers of the United	869
States army, navy, air force, or marine hospital service when	870
engaged in the actual performance of their official duties, and	871
attendants attached to same;	872

(3) Barbers, insofar as their usual and ordinary vocation and	873
profession is concerned;	874

(4) Funeral directors, embalmers, and apprentices licensed or	875
registered under Chapter 4717. of the Revised Code;	876

(5) Persons who are engaged in the retail sale, cleaning, or	877
beautification of wigs and hairpieces but who do not engage in any	878
other act constituting the practice of a branch of cosmetology;	879

(6) Volunteers of hospitals, and homes as defined in section	880
3721.01 of the Revised Code, who render service to registered	881
patients and inpatients who reside in such hospitals or homes.	882
Such volunteers shall not use or work with any chemical products	883
such as permanent wave, hair dye, or chemical hair relaxer, which	884
without proper training would pose a health or safety problem to	885
the patient.	886

(7) Nurse aides and other employees of hospitals and homes as	887
defined in section 3721.01 of the Revised Code, who practice a	888
branch of cosmetology on registered patients only as part of	889
general patient care services and who do not charge patients	890
directly on a fee for service basis;	891

(8) Cosmetic therapists and massage therapists who hold	892
current, valid certificates to practice cosmetic or massage	893
therapy issued by the state medical board under section 4731.15 of	894
the Revised Code, to the extent their actions are authorized by	895
their certificates to practice;	896

(9) Inmates who provide services related to a branch of	897
cosmetology to other inmates, except when those services are	898
provided in a licensed school of cosmetology within a state	899
correctional institution for females.	900

(C) The director of rehabilitation and correction shall	901
oversee the services described in division (B)(9) of this section	902
with respect to sanitation and adopt rules governing those types	903
of services provided by inmates.	904

Sec. 4713.20. (A) Each personindividual who seeks admission	905
to an examination conducted under section 4713.24 of the Revised	906
Code and each person who seeks a license under this chapter shall	907
do allsubmit both of the following:	908

(1) Submit to the state board of cosmetology a written	909
application containing:	910

(A) As part of a license application, proof of the following:

911

(a) If the person seeks admission to an examination, that the	912
personindividual satisfies all conditions to obtain the license	913
for which the examination is conducted, other than the requirement	914
to have passed the examination;	915

(b) If the person seeks a license, that the person satisfies	916
all conditions for obtaining the license.	917

(2) Pay to the board the applicable fee;

918

(3) Verify by oath that the application is true.

919

(B) An application to operate a salon or school of	920
cosmetology may be submitted by the owner, manager, or person in	921
charge of the salon or schoolA set of the individual's	922
fingerprint impressions.	923

Sec. 4713.21. Both of the following may apply again under	924
section 4713.20 of the Revised Code for admission to an	925
examination conducted under section 4713.24 of the Revised Code:	926

(A) A personAn individual who failed to appear for an	927
examination that the personindividual was previously scheduled to	928
take;	929

(B) A personAn individual who appeared for a previously	930
scheduled examination but failed to pass it.	931

Sec. 4713.22. (A) The state board of cosmetology shall issue	932
a temporary pre-examination work permit to a personan individual	933
who applies under section 4713.20 of the Revised Code for	934
admission to an examination conducted under section 4713.24 of the	935
Revised Code, if the personindividual satisfies all of the	936
following conditions:	937

(1) Is seeking a practicing license;

938

(2) Has not previously failed an examination conducted under	939
section 4713.24 of the Revised Code to determine the applicant's	940
fitness to practice the branch of cosmetology for which the person	941
individual seeks a license;	942

(3) Pays to the board the applicable fee;

943

(4) Satisfies all other conditions established by rules	944
adopted under section 4713.08 of the Revised Code.	945

(B) A personAn individual issued a temporary pre-examination	946
work permit may practice the branch of cosmetology for which the	947
personindividual seeks a license until the date the person	948
individual is scheduled to take an examination under section	949
4713.24 of the Revised Code. The personindividual shall practice	950
under the supervision of a personan individual holding a current,	951
valid managing license appropriate for the type of salon in which	952
the permit holder practices. A temporary pre-examination work	953
permit is renewable in accordance with rules adopted under section	954
4713.08 of the Revised Code.	955

Sec. 4713.24. (A) The state board of cosmetology shall	956
conduct an examination for each personindividual who satisfies	957
the requirements established by section 4713.20 of the Revised	958
Code for admission to the examination. The board may develop and	959
administer the appropriate examination or enter into an agreement	960
with a national testing service to develop the examination,	961
administer it, or both. The	962

(B) The examination shall be specific to the type of license	963
the personindividual seeks and satisfy all of the following	964
conditions:	965

(A)(1) Include both practical demonstrations and written or	966
oral tests related to the type of license the personindividual	967
seeks;	968

(B)(2) Relate only to a branch of cosmetology, managing	969
license, or both, but not be confined to any special system or	970
method;	971

(C)(3) Be consistent in both practical and technical	972
requirements for the type of license the personindividual seeks;	973

(D)(4) Be of sufficient thoroughness to satisfy the board as	974
to the person'sindividual's skill in and knowledge of the branch	975
of cosmetology, managing license, or both, for which the	976
examination is conducted.	977

(C) The board shall adopt rules regarding the equipment or	978
supplies an individual is required to bring to the examination.	979

(D) The questions developed for the examination and the	980
practical demonstrations used in the testing process shall not be	981
released by the board.	982

(E) The examination papers and the scored results of the	983
practical demonstrations of each individual examined by the board	984
shall be open for inspection by the individual or the individual's	985
attorney for at least ninety days following the announcement of	986
the individual's grade, except for papers that under the terms of	987
a contract with a testing service are not available for	988
inspection. On written request of an individual or the	989
individual's attorney made to the board not later than ninety days	990
after announcement of the individual's grade, the board shall have	991
the individual's examination papers re-graded manually.	992

Sec. 4713.25. The state board of cosmetology may administer a	993
separate managing braider examination for individuals who complete	994
a managing braider training course separate from a braider	995
training course. The board may combine the managing braider	996
examination with the braider examination for individuals who	997
complete a combined three hundred-hour braider and managing	998
braider training course.	999

The board may administer a separate managing cosmetologist	1000
examination for personsindividuals who complete a managing	1001
cosmetologist training course separate from a cosmetologist	1002
training course. The board may combine the managing cosmetologist	1003
examination with the cosmetologist examination for persons	1004
individuals who complete a combined eighteen hundred-hour	1005
cosmetologist and managing cosmetologist training course.	1006

The board may administer a separate managing esthetician	1007
examination for personsindividuals who complete a managing	1008
esthetician training course separate from an esthetician training	1009
course. The board may combine the managing esthetician examination	1010
with the esthetician examination for personsindividuals who	1011
complete a combined seven hundred fifty-hour esthetician and	1012
managing esthetician training course.	1013

The board may administer a separate managing hair designer	1014
examination for personsindividuals who complete a managing hair	1015
designer training course separate from a hair designer training	1016
course. The board may combine the managing hair designer	1017
examination with the hair designer examination for persons	1018
individuals who complete a combined one thousand four hundred	1019
forty-hour hair designer and managing hair designer training	1020
course.	1021

The board may administer a separate managing manicurist	1022
examination for personsindividuals who complete a managing	1023
manicurist training course separate from a manicurist training	1024
course. The board may combine the managing manicurist examination	1025
with the manicurist examination for personsindividuals who	1026
complete a combined three hundred-hour manicurist and managing	1027
manicurist training course.	1028

The board may administer a separate managing natural hair	1029
stylist examination for personsindividuals who complete a	1030
managing natural hair stylist training course separate from a	1031
natural hair stylist training course. The board may combine the	1032
managing natural hair stylist examination with the natural hair	1033
stylist examination for personsindividuals who complete a	1034
combined six hundred-hour natural hair stylist and managing	1035
natural hair stylist training course.	1036

The board may administer a separate managing threader	1037
examination for individuals who complete a managing threader	1038
training course separate from a threader training course. The	1039
board may combine the managing threader examination with the	1040
threader examination for individuals who complete a combined three	1041
hundred-hour threader and managing threader training course.	1042

Sec. 4713.26. Each personindividual admitted to an	1043
examination conducted under section 4713.24 of the Revised Code	1044
shall furnish the person'sindividual's own model.	1045

Sec. 4713.28. (A) An individual who seeks a practicing	1046
license from the state board of cosmetology shall submit a written	1047
application on a form furnished by the board. The application	1048
shall contain all of the following:	1049

(1) The name of the individual and any other identifying	1050
information required by the board;	1051

(2) A recent photograph of the individual that meets	1052
specifications established by the board;	1053

(3) A photocopy of the individual's current driver's license	1054
or other proof of legal residence in this state or a contiguous	1055
state;	1056

(4) Proof that the individual is qualified to take the	1057
applicable examination as required by section 4713.20 of the	1058
Revised Code;	1059

(5) An oath verifying the application is true;

1060

(6) The applicable fee.

1061

(B) The state board of cosmetology shall issue a practicing	1062
license to an applicant who, except as provided in section 4713.30	1063
of the Revised Code, satisfies all of the following applicable	1064
conditions:	1065

(A)(1) Is at least sixteen years of age;

1066

(B)(2) Is of good moral character;

1067

(C)(3) Has the equivalent of an Ohio publichigh school tenth	1068
grade educationdiploma;	1069

(D)(4) Passes an examination conducted under section 4713.24	1070
of the Revised Code for the branch of cosmetology the applicant	1071
seeks to practice;	1072

(E)(5) Pays to the board the applicable fee;

1073

(F)(6) Shows proof of legal residency in the United States;

1074

(7) In the case of an applicant for an initial braider	1075
license, has successfully completed at least one hundred fifty	1076
hours of instruction in a school of cosmetology licensed in this	1077
state in subjects related to sanitation, scalp care, anatomy, hair	1078
braiding, communication skills, and laws and rules governing the	1079
practice of cosmetology;	1080

(8) In the case of an applicant for an initial cosmetologist	1081
license, has successfully completed at least fifteenone thousand	1082
five hundred hours of board-approved cosmetology training in a	1083
school of cosmetology licensed in this state, except that only one	1084
thousand hours of board-approved cosmetology training in a school	1085
of cosmetology licensed in this state is required of a person	1086
licensed as a barber under Chapter 4709. of the Revised Code;	1087

(G)(9) In the case of an applicant for an initial esthetician	1088
license, has successfully completed at least six hundred hours of	1089
board-approved esthetics training in a school of cosmetology	1090
licensed in this state;	1091

(H)(10) In the case of an applicant for an initial hair	1092
designer license, has successfully completed at least one thousand	1093
two hundred hours of board-approved hair designer training in a	1094
school of cosmetology licensed in this state, except that only one	1095
thousand hours of board-approved hair designer training in a	1096
school of cosmetology licensed in this state is required of a	1097
person licensed as a barber under Chapter 4709. of the Revised	1098
Code;	1099

(I)(11) In the case of an applicant for an initial manicurist	1100
license, has successfully completed at least two hundred hours of	1101
board-approved manicurist training in a school of cosmetology	1102
licensed in this state;	1103

(J)(12) In the case of an applicant for an initial natural	1104
hair stylist license, has successfully completed at least four	1105
hundred fifty hours of instruction in subjects relating to	1106
sanitation, scalp care, anatomy, hair styling, communication	1107
skills, and laws and rules governing the practice of cosmetology;	1108

(13) In the case of an applicant for an initial threader	1109
license, has successfully completed at least one hundred fifty	1110
hours of instruction in a school of cosmetology licensed in this	1111
state in subjects related to sanitation, anatomy, threading,	1112
communication skills, and laws and rules governing the practice of	1113
cosmetology.	1114

Sec. 4713.29. In accordance with rules adopted under section	1115
4713.08 of the Revised Code, the state board of cosmetology, upon	1116
a vote of the majority of the board, may waive a condition	1117
established by section 4713.28 of the Revised Code for a license	1118
to practice a branch of cosmetology for an applicant who practices	1119
that branch of cosmetology in a state or country that does not	1120
license or register branches of cosmetology.	1121

Sec. 4713.30. (A) An individual who seeks a managing license	1122
from the state board of cosmetology shall submit a written	1123
application on a form furnished by the board. The application	1124
shall contain all of the following:	1125

(1) The name of the individual and any other identifying	1126
information required by the board;	1127

(2) A recent photograph of the individual that meets	1128
specifications established by the board;	1129

(3) A photocopy of the individual's current driver's license	1130
or other proof of legal residence in this state or a contiguous	1131
state;	1132

(4) Proof that the individual is qualified to take the	1133
applicable examination as required by section 4713.20 of the	1134
Revised Code;	1135

(5) An oath verifying the application is true;

1136

(6) The applicable fee.

1137

(B) The state board of cosmetology shall issue a managing	1138
license to an applicant who satisfies all of the following	1139
applicable conditions:	1140

(A)(1) Is at least sixteen years of age;

1141

(B)(2) Is of good moral character;

1142

(C)(3) Has the equivalent of an Ohio publichigh school tenth	1143
grade educationdiploma;	1144

(D)(4) Pays to the board the applicable fee;

1145

(E)(5) Passes the appropriate managing license examination;

1146

(F)(6) Has a current, active practicing license or is	1147
qualified to sit for an examination for both a practicing license	1148
and a managing license at the same time;	1149

(7) In the case of an applicant for an initial managing	1150
braider license, does either of the following:	1151

(a) Has the licensed managing braider, licensed managing	1152
cosmetologist, or owner of a licensed braiding salon or licensed	1153
beauty salon located in this or another state for whom the	1154
applicant performed services in a licensed salon certify to the	1155
board that the applicant has practiced braiding for at least two	1156
thousand hours as a braider in a licensed braiding salon or as a	1157
cosmetologist in a licensed beauty salon;	1158

(b) Has a school of cosmetology licensed in this state	1159
certify to the board that the applicant has successfully	1160
completed, in addition to the hours required for licensure as a	1161
braider or a cosmetologist, at least one hundred fifty hours of	1162
board-approved managing braider training.	1163

(8) In the case of an applicant for an initial managing	1164
cosmetologist license, does either of the following:	1165

(1)(a) Has a licensed managing cosmetologist or owner of a	1166
licensed beauty salon located in this or another state for whom	1167
the applicant performed services in a licensed salon certify to	1168
the board that the applicant has practiced as a cosmetologist for	1169
at least two thousand hours in a licensed beauty salon;	1170

(2)(b) Has a school of cosmetology licensed in this state	1171
certify to the board that the applicant has successfully	1172
completed, in addition to the hours required for licensure as a	1173
cosmetologist, at least three hundred hours of board-approved	1174
managing cosmetologist training.	1175

(G)(9) In the case of an applicant for an initial managing	1176
esthetician license, does either of the following:	1177

(1)(a) Has the licensed managing esthetician, licensed	1178
managing cosmetologist, or owner of a licensed esthetics salon or	1179
licensed beauty salon located in this or another state for whom	1180
the applicant performed services in a licensed salon certify to	1181
the board that the applicant has practiced esthetics for at least	1182
two thousand hours as an esthetician in a licensed esthetics salon	1183
or as a cosmetologist in a licensed beauty salon;	1184

(2)(b) Has a school of cosmetology licensed in this state	1185
certify to the board that the applicant has successfully	1186
completed, in addition to the hours required for licensure as an	1187
esthetician or cosmetologist, at least one hundred fifty hours of	1188
board-approved managing esthetician training.	1189

(H)(10) In the case of an applicant for an initial managing	1190
hair designer license, does either of the following:	1191

(1)(a) Has the licensed managing hair designer, licensed	1192
managing cosmetologist, or owner of a licensed hair design salon	1193
or licensed beauty salon located in this or another state for whom	1194
the applicant performed services in a licensed salon certify to	1195
the board that the applicant has practiced hair design for at	1196
least two thousand hours as a hair designer in a licensed hair	1197
design salon or as a cosmetologist in a licensed beauty salon;	1198

(2)(b) Has a school of cosmetology licensed in this state	1199
certify to the board that the applicant has successfully	1200
completed, in addition to the hours required for licensure as a	1201
hair designer or cosmetologist, at least two hundred forty hours	1202
of board-approved managing hair designer training.	1203

(I)(11) In the case of an applicant for an initial managing	1204
manicurist license, does either of the following:	1205

(1)(a) Has the licensed managing manicurist, licensed	1206
managing cosmetologist, or owner of a licensed nail salon,	1207
licensed beauty salon, or licensed barber shop located in this or	1208
another state for whom the applicant performed services in a	1209
licensed salon or barber shop certify to the board that the	1210
applicant has practiced manicuring for at least two thousand hours	1211
as a manicurist in a licensed nail salon or licensed barber shop	1212
or as a cosmetologist in a licensed beauty salon or licensed	1213
barber shop;	1214

(2)(b) Has a school of cosmetology licensed in this state	1215
certify to the board that the applicant has successfully	1216
completed, in addition to the hours required for licensure as a	1217
manicurist or cosmetologist, at least one hundred hours of	1218
board-approved managing manicurist training.	1219

(J)(12) In the case of an applicant for an initial managing	1220
natural hair stylist license, does either of the following:	1221

(1)(a) Has the licensed managing natural hair stylist,	1222
licensed managing cosmetologist, or owner of a licensed natural	1223
hair style salon or licensed beauty salon located in this or	1224
another state for whom the applicant performed services in a	1225
licensed salon certify to the board that the applicant has	1226
practiced natural hair styling for at least two thousand hours as	1227
a natural hair stylist in a licensed natural hair style salon or	1228
as a cosmetologist in a licensed beauty salon;	1229

(2)(b) Has a school of cosmetology licensed in this state	1230
certify to the board that the applicant has successfully	1231
completed, in addition to the hours required for licensure as	1232
natural hair stylist or cosmetologist, at least one hundred fifty	1233
hours of board-approved managing natural hair stylist training.	1234

(13) In the case of an applicant for an initial managing	1235
threader license, does either of the following:	1236

(a) Has the licensed managing threader, licensed managing	1237
cosmetologist, or owner of a licensed threading salon or licensed	1238
beauty salon in which the applicant has been employed in this or	1239
another state for whom the applicant performed services in a	1240
licensed salon certify to the board that the applicant has	1241
practiced threading for at least two thousand hours as a threader	1242
in a licensed threading salon or as a cosmetologist in a licensed	1243
beauty salon;	1244

(b) Has a school of cosmetology licensed in this state	1245
certify to the board that the applicant has successfully	1246
completed, in addition to the hours required for licensure as a	1247
threader or a cosmetologist, at least one hundred fifty hours of	1248
board-approved managing threader training.	1249

Sec. 4713.31. (A) An individual who seeks an instructor	1250
license from the state board of cosmetology shall submit a written	1251
application on a form furnished by the board. The application	1252
shall contain all of the following:	1253

(1) The name of the individual and any other identifying	1254
information required by the board;	1255

(2) A recent photograph of the individual that meets	1256
specifications established by the board;	1257

(3) A photocopy of the individual's current driver's license	1258
or other proof of legal residence in this state or a contiguous	1259
state;	1260

(4) Proof that the individual satisfies all conditions to	1261
obtain the license;	1262

(5) An oath verifying the application is true;

1263

(6) The applicable fee.

1264

(B) The state board of cosmetology shall issue an instructor	1265
license to an applicant who satisfies all of the following	1266
applicable conditions:	1267

(A)(1) Is at least eighteen years of age;

1268

(B)(2) Is of good moral character;

1269

(C)(3) Has the equivalent of an Ohio publichigh school	1270
twelfth grade educationdiploma;	1271

(D)(4) Pays to the board the applicable fee;

1272

(E)(5) In the case of an applicant for an initial braiding	1273
instructor license, holds a current, valid managing braider	1274
license or managing cosmetologist license and does either of the	1275
following:	1276

(a) Has the licensed managing braider, licensed managing	1277
cosmetologist, or owner of a licensed braiding salon or licensed	1278
beauty salon in which the applicant has been employed in this or	1279
another state for whom the applicant performed services in a	1280
licensed salon certify to the board that the applicant has engaged	1281
in the practice of braiding in a licensed braiding salon or the	1282
practice of cosmetology in a licensed beauty salon for at least	1283
two thousand hours;	1284

(b) Has a school of cosmetology licensed in this state	1285
certify to the board that the applicant has successfully completed	1286
at least one hundred fifty hours of board-approved braiding	1287
instructor training as an apprentice instructor.	1288

(6) In the case of an applicant for an initial cosmetology	1289
instructor license, holds a current, valid managing cosmetologist	1290
license issued in this state and does either of the following:	1291

(1)(a) Has the licensed managing cosmetologist or owner of	1292
the licensed beauty salon in which the applicant has been employed	1293
in this or another state for whom the applicant performed services	1294
in a licensed salon certify to the board that the applicant has	1295
engaged in the practice of cosmetology in a licensed beauty salon	1296
for at least two thousand hours;	1297

(2)(b) Has a school of cosmetology licensed in this state	1298
certify to the board that the applicant has successfully completed	1299
one thousand hours of board-approved cosmetology instructor	1300
training as an apprentice instructor.	1301

(F)(7) In the case of an applicant for an initial esthetics	1302
instructor license, holds a current, valid managing esthetician or	1303
managing cosmetologist license issued in this state and does	1304
either of the following:	1305

(1)(a) Has the licensed managing esthetician, licensed	1306
managing cosmetologist, or owner of the licensed esthetics salon	1307
or licensed beauty salon in which the applicant has been employed	1308
in this or another state for whom the applicant performed services	1309
in a licensed salon certify to the board that the applicant has	1310
engaged in the practice of esthetics in a licensed esthetics salon	1311
or practice of cosmetology in a licensed beauty salon for at least	1312
two thousand hours;	1313

(2)(b) Has a school of cosmetology licensed in this state	1314
certify to the board that the applicant has successfully completed	1315
at least five hundred hours of board-approved esthetics instructor	1316
training as an apprentice instructor.	1317

(G)(8) In the case of an applicant for an initial hair design	1318
instructor license, holds a current, valid managing hair designer	1319
or managing cosmetologist license and does either of the	1320
following:	1321

(1)(a) Has the licensed managing hair designer, licensed	1322
managing cosmetologist, or owner of the licensed hair design salon	1323
or licensed beauty salon in which the applicant has been employed	1324
in this or another state for whom the applicant performed services	1325
in a licensed salon certify to the board that the applicant has	1326
engaged in the practice of hair design in a licensed hair design	1327
salon or practice of cosmetology in a licensed beauty salon for at	1328
least two thousand hours;	1329

(2)(b) Has a school of cosmetology licensed in this state	1330
certify to the board that the applicant has successfully completed	1331
at least eight hundred hours of board-approved hair design	1332
instructor's training as an apprentice instructor.	1333

(H)(9) In the case of an applicant for an initial manicurist	1334
instructor license, holds a current, valid managing manicurist or	1335
managing cosmetologist license and does either of the following:	1336

(1)(a) Has the licensed managing manicurist, licensed	1337
managing cosmetologist, or owner of the licensed nail salon or	1338
licensed beauty salon in which the applicant has been employed in	1339
this or another state for whom the applicant performed services in	1340
a licensed salon certify to the board that the applicant has	1341
engaged in the practice of manicuring in a licensed nail salon or	1342
practice of cosmetology in a licensed beauty salon for at least	1343
two thousand hours;	1344

(2)(b) Has a school of cosmetology licensed in this state	1345
certify to the board that the applicant has successfully completed	1346
at least three hundred hours of board-approved manicurist	1347
instructor training as an apprentice instructor.	1348

(I)(10) In the case of an applicant for an initial natural	1349
hair style instructor license, holds a current, valid managing	1350
natural hair stylist or managing cosmetologist license and does	1351
either of the following:	1352

(1)(a) Has the licensed managing natural hair stylist,	1353
licensed managing cosmetologist, or owner of the licensed natural	1354
hair style salon or licensed beauty salon in which the applicant	1355
has been employed in this or another state for whom the applicant	1356
performed services in a licensed salon certify to the board that	1357
the applicant has engaged in the practice of natural hair styling	1358
in a licensed natural hair style salon or practice of cosmetology	1359
in a licensed beauty salon for at least two thousand hours;	1360

(2)(b) Has a school of cosmetology licensed in this state	1361
certify to the board that the applicant has successfully completed	1362
at least four hundred hours of board-approved natural hair style	1363
instructor training as an apprentice instructor.	1364

(11) In the case of an applicant for an initial threading	1365
instructor license, holds a current, valid managing threader	1366
license or managing cosmetologist license and does either of the	1367
following:	1368

(a) Has the licensed managing threader, licensed managing	1369
cosmetologist, or owner of the licensed threading salon or	1370
licensed beauty salon in which the applicant has been employed in	1371
this or another state for whom the applicant performed services in	1372
a licensed salon certify to the board that the applicant has	1373
engaged in the practice of threading in a licensed threading salon	1374
or the practice of cosmetology in a licensed beauty salon for at	1375
least two thousand hours;	1376

(b) Has a school of cosmetology licensed in this state	1377
certify to the board that the applicant has successfully completed	1378
at least one hundred fifty hours of board-approved threading	1379
instructor training as an apprentice instructor.	1380

Sec. 4713.32. When determining the total hours of instruction	1381
received by an applicant for a license under section 4713.28,	1382
4713.30, or 4713.31 of the Revised Codethis chapter, the state	1383
board of cosmetology shall not take into account more than ten	1384
hours of instruction per day. The board shall take into account	1385
instruction received more than five years prior to the date of	1386
application for the license in accordance with rules adopted under	1387
section 4713.08 of the Revised Code.	1388

Sec. 4713.34.  The state board of cosmetology shall issue a	1389
license to practice a branch of cosmetology, managing license, or	1390
instructor license to an applicant who is licensed or registered	1391
in another state or country to practice that branch of	1392
cosmetology, manage that type of salon, or teach the theory and	1393
practice of that branch of cosmetology, as appropriate, if all of	1394
the following conditions are satisfied:	1395

(A) The applicant satisfies all of the following conditions:

1396

(1) Is not less than eighteen years of age;

1397

(2) Is of good moral character;

1398

(3) Shows proof of legal residence in the United States;

1399

(4) Provides a recent photograph of the applicant that meets	1400
specifications established by the board;	1401

(5) In the case of an applicant for a practicing license or	1402
managing license, passes ana practical and theory examination	1403
conducted under section 4713.24 of the Revised Code for the	1404
license the applicant seeks, unless the applicant satisfies	1405
conditions specified in rules adopted under section 4713.08 of the	1406
Revised Code for the board to issue the applicant a license	1407
without taking the examination;	1408

(4)(6) Pays the applicable fee.

1409

(B) At the time the applicant obtained the license or	1410
registration in the other state or country, the requirements in	1411
this state for obtaining the license the applicant seeks were	1412
substantially equal to the other state or country's requirements.	1413

(C) The jurisdiction that issued the applicant's license or	1414
registration extends similar reciprocity to personsindividuals	1415
holding a license issued by the board.	1416

Sec. 4713.35. A personAn individual who holds a current,	1417
valid braider license issued by the state board of cosmetology may	1418
engage in the practice of braiding but no other branch of	1419
cosmetology.	1420

An individual who holds a current, valid cosmetologist	1421
license issued by the state board of cosmetology may engage in the	1422
practice of one or more branches of cosmetology as the person	1423
individual chooses.	1424

A personAn individual who holds a current, valid esthetician	1425
license issued by the board may engage in the practice of	1426
esthetics but no. The individual may not engage in any other	1427
branch of cosmetology, except to the extent that the activities	1428
included in the practice of threading are also part of the	1429
practice of esthetics.	1430

A personAn individual who holds a current, valid hair	1431
designer license issued by the board may engage in the practice of	1432
hair design but no. The individual may not engage in any other	1433
branch of cosmetology, except to the extent that the activities	1434
included in the practice of braiding are also part of the practice	1435
of hair design.	1436

A personAn individual who holds a current, valid manicurist	1437
license issued by the board may engage in the practice of	1438
manicuring but no other branch of cosmetology.	1439

A personAn individual who holds a current, valid natural	1440
hair stylist license issued by the board may engage in the	1441
practice of natural hair styling but no. The individual may not	1442
engage in any other branch of cosmetology, except to the extent	1443
that the activities included in the practice of braiding are also	1444
part of the practice of natural hair styling.	1445

An individual who holds a current, valid threading license	1446
issued by the board may engage in the practice of threading but no	1447
other branch of cosmetology.	1448

An individual who holds a current, valid managing braider	1449
license issued by the board may manage a braiding salon, but no	1450
other type of salon, and engage in the practice of braiding but no	1451
other branch of cosmetology.	1452

A personAn individual who holds a current, valid managing	1453
cosmetologist license issued by the board may manage all types of	1454
salons and engage in the practice of one or more branches of	1455
cosmetology as the personindividual chooses.	1456

A personAn individual who holds a current, valid managing	1457
esthetician license issued by the board may manage an esthetics	1458
salon, but no other type of salon, and. The individual may engage	1459
in the practice of esthetics, but nomay not engage in any other	1460
branch of cosmetology, except to the extent that the activities	1461
included in the practice of threading are also part of the	1462
practice of esthetics.	1463

A personAn individual who holds a current, valid managing	1464
hair designer license issued by the board may manage a hair design	1465
salon, but no other type of salon, and. The individual may engage	1466
in the practice of hair design, but nomay not engage in any other	1467
branch of cosmetology, except to the extent that the activities	1468
included in the practice of braiding are also part of the practice	1469
of hair design.	1470

A personAn individual who holds a current, valid managing	1471
manicurist license issued by the board may manage a nail salon,	1472
but no other type of salon, and engage in the practice of	1473
manicuring, but no other branch of cosmetology.	1474

A personAn individual who holds a current, valid managing	1475
natural hair stylist license issued by the board may manage a	1476
natural hair style salon, but no other type of salon, and. The	1477
individual may engage in the practice of natural hair styling, but	1478
nomay not engage in any other branch of cosmetology, except to	1479
the extent that the activities included in the practice of	1480
braiding are also part of the practice of natural hair styling.	1481

An individual who holds a current, valid managing threading	1482
license issued by the board may manage a threading salon, but no	1483
other type of salon, and engage in the practice of threading, but	1484
no other branch of cosmetology.	1485

An individual who holds a current, valid braiding instructor	1486
license issued by the board may teach at a school of cosmetology	1487
the theory and practice of braiding, but no other branch of	1488
cosmetology.	1489

A personAn individual who holds a current, valid cosmetology	1490
instructor license issued by the board may teach the theory and	1491
practice of one or more branches of cosmetology at a school of	1492
cosmetology as the personindividual chooses.	1493

A personAn individual who holds a current, valid esthetics	1494
instructor license issued by the board may teach at a school of	1495
cosmetology the theory and practice of esthetics, but nomay not	1496
teach the theory and practice of any other branch of cosmetology,	1497
at a school of cosmetologyexcept to the extent that the theory	1498
and practice of threading are also part of the theory and practice	1499
of esthetics.	1500

A personAn individual who holds a current, valid hair design	1501
instructor license issued by the board may teach at a school of	1502
cosmetology the theory and practice of hair design, but nomay not	1503
teach the theory and practice of any other branch of cosmetology,	1504
at a school of cosmetologyexcept to the extent that the theory	1505
and practice of braiding are also part of the theory and practice	1506
of hair design.	1507

A personAn individual who holds a current, valid manicurist	1508
instructor license issued by the board may teach the theory and	1509
practice of manicuring, but no other branch of cosmetology, at a	1510
school of cosmetology.	1511

A personAn individual who holds a current, valid natural	1512
hair style instructor license issued by the board may teach at a	1513
school of cosmetology the theory and practice of natural hair	1514
styling, but nomay not teach the theory and practice of any other	1515
branch of cosmetology, at a school of cosmetologyexcept to the	1516
extent that the theory and practice of braiding are also part of	1517
the theory and practice of natural hair styling.	1518

An individual who holds a current threading instructor	1519
license issued by the board may teach the theory and practice of	1520
threading, but no other branch of cosmetology, at a school of	1521
cosmetology.	1522

Sec. 4713.37. (A) The state board of cosmetology may issue a	1523
temporary special occasion work permit to a personan individual	1524
who satisfies all of the following conditions:	1525

(1) Has been licensed or registered in another state or	1526
country to practice a branch of cosmetology or teach the theory	1527
and practice of a branch of cosmetology for at least five years;	1528

(2) Is a recognized expert in the practice or teaching of the	1529
branch of cosmetology the personindividual practices or teaches;	1530

(3) Is to practice that branch of cosmetology or teach the	1531
theory and practice of that branch of cosmetology in this state as	1532
part of a promotional or instructional program for not more than	1533
the amount of time a temporary special occasion work permit is	1534
effective;	1535

(4) Satisfies all other conditions for a temporary special	1536
occasion work permit established by rules adopted under section	1537
4713.08 of the Revised Code;	1538

(5) Pays the fee established by rules adopted under section	1539
4713.08 of the Revised Code.	1540

(B) A personAn individual issued a temporary special	1541
occasion work permit may practice the branch of cosmetology the	1542
personindividual practices in another state or country, or teach	1543
the theory and practice of the branch of cosmetology the person	1544
individual teaches in another state or country, until the	1545
expiration date of the permit. A temporary special occasion work	1546
permit is valid for the period of time specified in rules adopted	1547
under section 4713.08 of the Revised Code.	1548

Sec. 4713.39.  (A) An individual who holds a current valid	1549
manager's license shall be granted a license to practice as an	1550
independent contractor in the branch of cosmetology for which the	1551
manager's license was issued if the individual does all of the	1552
following:	1553

(1) Completes an application on a form furnished by the state	1554
board of cosmetology that includes the individual's name, physical	1555
and electronic mail address, telephone number, and any other	1556
information required by rules adopted by the board under section	1557
4713.08 of the Revised Code;	1558

(2) Submits to the board a signed statement attesting that	1559
the individual will comply with division (B) of this section.	1560

(B) The holder of an independent contractor license shall do	1561
all of the following:	1562

(1) Practice in a space the individual rents in a licensed	1563
salon and post the independent contractor license in that space;	1564

(2) Supply all of the supplies the individual will use in the	1565
practice;	1566

(3) Set the individual's own schedule;

1567

(4) Pay all applicable taxes and comply with any applicable	1568
state or federal law or local ordinance;	1569

(5) Pay for any insurance coverage.

1570

(C) An independent contractor who rents space in a salon	1571
shall enter into a contract with the salon or the salon's owner.	1572
The contract shall specify the business relationship between the	1573
parties and the responsibilities of each party. The salon or salon	1574
owner shall comply with all applicable state and federal laws and	1575
local ordinances.	1576

Sec. 4713.41. (A) A person who seeks a license to operate a	1577
salon from the state board of cosmetology shall submit a written	1578
application on a form furnished by the board. The application	1579
shall contain all of the following:	1580

(1) The name of the person, the location of the salon, and	1581
any other identifying information required by the board;	1582

(2) A recent photograph of the individual signing the	1583
application that meets specifications established by the board;	1584

(3) A photocopy of the current driver's license of the	1585
individual signing the application or other proof of the	1586
individual's legal residence in this state or a contiguous state;	1587

(4) Proof that the person satisfies all conditions to obtain	1588
the license;	1589

(5) An oath verifying the application is true;

1590

(6) The applicable fee.

1591

An application for a license to operate a salon may be	1592
submitted by the owner, manager, or individual in charge of the	1593
salon.	1594

(B) The state board of cosmetology shall issue a license to	1595
operate a salon to an applicant who pays the applicable fee and	1596
affirms that all of the following conditions will be met:	1597

(A)(1) A person(a) An individual holding a current, valid	1598
managing cosmetologist license or license to manage that type of	1599
salon has charge of and immediate supervision over the salon at	1600
all times when the salon is open for business except as permitted	1601
under division (A)(2)(B)(1)(b) of this section.	1602

(2)(b) A business establishment that is engaged primarily in	1603
retail sales but is also licensed as a salon shall have a person	1604
an individual holding a current, valid managing license for that	1605
type of salon in charge of and in immediate supervision of the	1606
salon during posted or advertised service hours, if the practice	1607
of cosmetology is restricted to those posted or advertised service	1608
hours.	1609

(B)(2) The salon is equipped to do all of the following:

1610

(1)(a) Provide potable running hot and cold water and proper	1611
drainage;	1612

(2)(b) Sanitize all instruments and supplies used in the	1613
branch of cosmetology provided at the salon;	1614

(3)(c) If cosmetic therapy, massage therapy, or other	1615
professional service is provided at the salon under section	1616
4713.42 of the Revised Code, sanitize all instruments and supplies	1617
used in the cosmetic therapy, massage therapy, or other	1618
professional service.	1619

(C)(3) Except as provided in sections 4713.42 and 4713.49 of	1620
the Revised Code, only the branch of cosmetology that the salon is	1621
licensed to provide is practiced at the salon.	1622

(D)(4) The salon is kept in a clean and sanitary condition	1623
and properly ventilated.	1624

(E)(5) No food is sold at the salon in a manner inconsistent	1625
with rules adopted under section 4713.08 of the Revised Code.	1626

Sec. 4713.42. A personAn individual holding a current, valid	1627
certificate issued under section 4731.15 of the Revised Code to	1628
provide cosmetic therapy or massage therapy may provide cosmetic	1629
therapy or massage therapy, as appropriate, in a salon. A person	1630
An individual holding a current, valid license or certificate	1631
issued by a professional regulatory board of this state may	1632
practice the person'sindividual's profession in a salon if the	1633
person'sindividual's profession is authorized by rules adopted	1634
under section 4713.08 of the Revised Code to practice in a salon.	1635

A personAn individual providing cosmetic therapy, massage	1636
therapy, or other professional service in a salon pursuant to this	1637
section shall satisfy the standards established by rules adopted	1638
under section 4713.08 of the Revised Code.	1639

Sec. 4713.44. (A) A person who seeks a license to operate a	1640
school of cosmetology from the state board of cosmetology shall	1641
submit a written application on a form furnished by the board. The	1642
form shall contain all of the following:	1643

(1) The name of the person, the location of the school, and	1644
any other identifying information required by the board;	1645

(2) A recent photograph of the individual signing the	1646
application that meets specifications established by the board;	1647

(3) Proof that the person satisfies all conditions to obtain	1648
the license;	1649

(4) An oath verifying the application is true;

1650

(5) The applicable fee.

1651

An application for a license to operate a school of	1652
cosmetology may be submitted by the owner, manager, or individual	1653
in charge of the school.	1654

(B) The state board of cosmetology shall issue a license to	1655
operate a school of cosmetology to an applicant who pays the	1656
applicable fee and satisfies all of the following requirements:	1657

(A)(1) Maintains a course of practical training and technical	1658
instruction for the branch or branches of cosmetology to be taught	1659
at the school equal to the requirements for admission to an	1660
examination under section 4713.24 of the Revised Code that a	1661
personan individual must pass to obtain a license to practice	1662
that branch or those branches of cosmetology;	1663

(B)(2) Possesses or makes available apparatus and equipment	1664
sufficient for the ready and full teaching of all subjects of the	1665
curriculum;	1666

(C)(3) Maintains personsindividuals licensed under section	1667
4713.31 or 4713.34 of the Revised Code to teach the theory and	1668
practice of the branches of cosmetology;	1669

(D)(4) Notifies the board of the enrollment of each new	1670
student, keeps a record devoted to the different practices,	1671
establishes grades, and holds examinations in order to certify the	1672
students' completion of the prescribed course of study before the	1673
issuance of certificates of completion;	1674

(E)(5) In the case of a school of cosmetology that offers	1675
clock hours for the purpose of satisfying minimum hours of	1676
training and instruction, keeps a daily record of the attendance	1677
of each student;	1678

(F)(6) On the date that an apprentice cosmetology instructor	1679
begins cosmetology instructor training at the school, certifies	1680
the name of the apprentice cosmetology instructor to the board	1681
along with the date on which the apprentice's instructor training	1682
began;	1683

(G)(7) Instructs not more than six apprentice cosmetology	1684
instructors at any one time;	1685

(H)(8) Files with the board a good and sufficient surety bond	1686
executed by the person, firm, or corporation operating the school	1687
of cosmetology as principal and by a surety company as surety in	1688
the amount of ten thousand dollars; provided,except that this	1689
requirement does not apply to a vocational program conducted by a	1690
city, exempted village, local, or joint vocational school	1691
district. The bond shall be in the form prescribed by the board	1692
and be conditioned upon the school's continued instruction in the	1693
theory and practice of the branches of cosmetology. Every bond	1694
shall continue in effect until notice of its termination is given	1695
to the board by registered mail and every bond shall so provide.	1696

Sec. 4713.45. (A) A school of cosmetology may do the	1697
following:	1698

(1) In accordance with rules adopted under section 4713.08 of	1699
the Revised Code, a school of cosmetology operated by a public	1700
entity may offer clock hours, credit hours, or competency-based	1701
credits, and a school of cosmetology that is operated by a private	1702
person may offer clock or credit hours, for the purpose of	1703
satisfying minimum hours of training and instruction;	1704

(2) Allow an apprentice cosmetology instructor the regular	1705
quota of students prescribed by the state board of cosmetology if	1706
a cosmetology instructor is present;	1707

(3) Compensate an apprentice cosmetology instructor;

1708

(4) Subject to division (B) of this section, employ a person	1709
an individual who does not hold a current, valid instructor	1710
license to teach subjects related to a branch of cosmetology.	1711

(B) A school of cosmetology shall have a licensed cosmetology	1712
instructor present when a personan individual employed pursuant	1713
to division (A)(4) of this section teaches at the school, unless	1714
the personindividual is one of the following:	1715

(1) A personAn individual with a current, valid teacher's	1716
certificate or educator license issued by the state board of	1717
education;	1718

(2) A personAn individual with a bachelor's degree in the	1719
subject the personindividual teaches at the school;	1720

(3) A personAn individual also employed by a university or	1721
college to teach the subject the personindividual teaches at the	1722
school.	1723

Sec. 4713.48.  (A) The state board of cosmetology shall issue	1724
a permit to operate a tanning facility to an applicant if all of	1725
the following conditions are satisfied:	1726

(1) The applicant applies in accordance with the application	1727
process adopted by rules adopted under section 4713.08 of the	1728
Revised Code.	1729

(2) The applicant pays to the treasurer of state the fee	1730
established by those rules.	1731

(3) An initial inspection of the premises indicates that the	1732
tanning facility has been installed and will be operated in	1733
accordance with those rules.	1734

(B) A permit holder shall post the permit in a public and	1735
conspicuous place on any premises where the tanning facility is	1736
located. A person shall obtain a separate permit for each of the	1737
premises owned or operated by that person at which the person	1738
seeks to operate a tanning facility.	1739

(C) ATo continue operating, a permit holder mayshall	1740
biennially renew athe permit by the last day of January of each	1741
odd-numbered year upon. The board shall renew the permit upon the	1742
holder's payment to the treasurer of state of the biennial renewal	1743
fee.	1744

Sec. 4713.55. Every license issued by the state board of	1745
cosmetology shall be signed by the chairperson and attested by the	1746
executive director thereof, with the seal of the board attached.	1747

The board shall specify on each practicing license that the	1748
board issues the branch of cosmetology that the license entitles	1749
the holder to practice. The board shall specify on each managing	1750
license that the board issues the type of salon that the license	1751
entitles the holder to manage and the branch of cosmetology that	1752
the license entitles the holder to practice. The board shall	1753
specify on each instructor license that the board issues the	1754
branch of cosmetology that the license entitles the holder to	1755
teach. The board shall specify on each salon license that the	1756
board issues the branch of cosmetology that the license entitles	1757
the holder to offer. The board shall specify on each independent	1758
contractor license that the board issues the branch of cosmetology	1759
that the license entitles the holder to offer within a licensed	1760
salon. Such licenses are prima-facie evidence of the right of the	1761
holder to practice or teach the branch of cosmetology, or manage	1762
the type of salon, that the license specifies.	1763

Sec. 4713.56. Every holder of a practicing license, managing	1764
license, instructor license, or independent contractor license	1765
issued by the state board of cosmetology shall display the license	1766
in a public and conspicuous place in the place of employment of	1767
the holder.	1768

Every holder of a license to operate a salon issued by the	1769
board shall display the license in a public and conspicuous place	1770
in the salon.	1771

Every holder of a license to operate a school of cosmetology	1772
issued by the board shall display the license in a public and	1773
conspicuous place in the school.	1774

Every personindividual who provides cosmetic therapy,	1775
massage therapy, or other professional service in a salon under	1776
section 4713.42 of the Revised Code shall display the person's	1777
individual's professional license or certificate in a public and	1778
conspicuous place in the room used for the therapy or other	1779
service.	1780

Sec. 4713.58. (A) Except as provided in division (B) of this	1781
section, on payment of the renewal fee and submission of proof	1782
satisfactory to the state board of cosmetology that any applicable	1783
continuing education requirements have been completed, a personan	1784
individual currently licensed as:	1785

(1) A braiding instructor who has previously been licensed as	1786
a braider or a managing braider, is entitled to the reissuance of	1787
a braider or managing braider license;	1788

(2) A cosmetology instructor who has previously been licensed	1789
as a cosmetologist or a managing cosmetologist, is entitled to the	1790
reissuance of a cosmetologist or managing cosmetologist license;	1791

(2)(3) An esthetics instructor who has previously been	1792
licensed as an esthetician or a managing esthetician, is entitled	1793
to the reissuance of an esthetician or managing esthetician	1794
license;	1795

(3)(4) A hair design instructor who has previously been	1796
licensed as a hair designer or a managing hair designer, is	1797
entitled to the reissuance of a hair designer or managing hair	1798
designer license;	1799

(4)(5) A manicurist instructor who has previously been	1800
licensed as a manicurist or a managing manicurist, is entitled to	1801
the reissuance of a manicurist or managing manicurist license;	1802

(5)(6) A natural hair style instructor who has previously	1803
been licensed as a natural hair stylist or a managing natural hair	1804
stylist, is entitled to the reissuance of a natural hair stylist	1805
or managing natural hair stylist license;	1806

(7) A threading instructor who has previously been licensed	1807
as a threader or a managing threader, is entitled to the	1808
reissuance of a threader or managing threader license.	1809

(B) No personindividual is entitled to the reissuance of a	1810
license under division (A) of this section if the license was	1811
revoked or suspended or the personindividual has an outstanding	1812
unpaid fine levied under section 4713.64 of the Revised Code.	1813

Sec. 4713.60. (A) Except as provided in division (C) of this	1814
section, a personan individual seeking a renewal of a license to	1815
practice a branch of cosmetology, managing license, or instructor	1816
license shall include in the renewal application proof	1817
satisfactory to the board of completion of any applicable	1818
continuing education requirements established by rules adopted	1819
under section 4713.09 of the Revised Code.	1820

(B) If an applicant fails to provide satisfactory proof of	1821
completion of any applicable continuing education requirements,	1822
the board shall notify the applicant that the application is	1823
incomplete. The board shall not renew the license until the	1824
applicant provides satisfactory proof of completion of any	1825
applicable continuing education requirements. The board may	1826
provide the applicant with an extension of up to ninety days in	1827
which to complete the continuing education requirement. In	1828
providing for the extension, the board may charge the licensee a	1829
fine of up to one hundred dollars.	1830

(C) The board may waive, or extend the period for completing,	1831
any continuing education requirement if a licensee applies to the	1832
board and provides proof satisfactory to the board of being unable	1833
to complete the requirement within the time allowed because of any	1834
of the following:	1835

(1) An emergency;

1836

(2) An unusual or prolonged illness;

1837

(3) Active duty service in any branch of the armed forces of	1838
the United States.	1839

The board shall determine the period of time during which	1840
each extension is effective and shall inform the applicant. The	1841
board shall also inform the applicant of the continuing education	1842
requirements that must be met to have the license renewed. If an	1843
extension is granted for less than one year, the continuing	1844
education requirement for that year, in addition to the required	1845
continuing education for the succeeding year, must be completed in	1846
the succeeding year. In all other cases the board may waive all or	1847
part of the continuing education requirement on a case-by-case	1848
basis. Any required continuing education shall be completed and	1849
satisfactory proof of its completion submitted to the board by a	1850
date specified by the board. Every license which has not been	1851
renewed in any odd-numbered year by the last day of January and	1852
for which the continuing education requirement has not been waived	1853
or extended shall be considered expiredno longer valid.	1854

Sec. 4713.61. (A) If the state board of cosmetology adopts a	1855
continuing education requirement under section 4713.09 of the	1856
Revised Code, it may develop a procedure by which a personan	1857
individual who holds a license to practice a branch of	1858
cosmetology, managing license, or instructor license and who is	1859
not currently engaged in the practice of the branch of	1860
cosmetology, managing a salon, or teaching the theory and practice	1861
of the branch of cosmetology, but who desires to be so engaged in	1862
the future, may apply to the board to have the person's	1863
individual's license classified inactivein escrow. If the board	1864
develops such a procedure, a personan individual seeking to have	1865
the person'sindividual's license classified inactivein escrow	1866
shall apply to the board on a form provided by the board and pay	1867
the fee established by rules adopted under section 4713.08 of the	1868
Revised Code.	1869

(B) The board shall not restore an inactivea license in	1870
escrow until the later of the following:	1871

(1) The date that the personindividual holding the license	1872
submits proof satisfactory to the board that the personindividual	1873
has completed the continuing education that a rule adopted under	1874
section 4713.08 of the Revised Code requires;	1875

(2) The last day of January of the next odd-numbered year	1876
following the year the license is classified inactivein escrow.	1877

(C) A personAn individual who holds an inactivea license in	1878
escrow may engage in the practice of a branch of cosmetology if	1879
the personindividual holds a temporary work permit as specified	1880
in rules adopted by the board under section 4713.08 of the Revised	1881
Code.	1882

Sec. 4713.62. (A) A personAn individual holding a practicing	1883
license, managing license, or instructor license may satisfy a	1884
continuing education requirement established by rules adopted	1885
under section 4713.09 of the Revised Code only by completing	1886
continuing education programs approved under division (B) of this	1887
section or developed under division (C) of this section.	1888

(B) The state board of cosmetology shall approve a continuing	1889
education program if all of the following conditions are	1890
satisfied:	1891

(1) The person operating the program submits to the board a	1892
written application for approval.	1893

(2) The person operating the program pays to the board a fee	1894
established by rules adopted under section 4713.08 of the Revised	1895
Code.	1896

(3) The program is operated by an employee, officer, or	1897
director of a nonprofit professional association, college or	1898
university, vocational school, postsecondary proprietary school of	1899
cosmetology licensed by the board, salon licensed by the board, or	1900
manufacturer of supplies or equipment used in the practice of a	1901
branch of cosmetology.	1902

(4) The program will do at least one of the following:

1903

(a) Enhance the professional competency of the affected	1904
licensees;	1905

(b) Protect the public;

1906

(c) Educate the affected licensees in the application of the	1907
laws and rules regulating the practice of a branch of cosmetology.	1908

(5) The person operating the program provides the board a	1909
tentative schedule of when the program will be available so that	1910
the board can make the schedule readily available to all licensees	1911
throughout the state.	1912

Sec. 4713.63. A practicing license, managing license, or	1913
instructor license that has not been renewed for any reason other	1914
than because it has been revoked, suspended, or classified	1915
inactivein escrow, or because the license holder has been given a	1916
waiver or extension under section 4713.60 of the Revised Code, is	1917
expiredno longer valid. An expiredThe license may be restored	1918
if the personindividual who held the license meets all of the	1919
following applicable conditions:	1920

(A) Pays to the state board of cosmetology the restoration	1921
fee, the current renewal fee, and any applicable late fees;	1922

(B) Pays a lapsed renewal fee of forty-five dollars per	1923
license renewal period that has elapsed since the license was last	1924
issued or renewed;	1925

(C) In the case of a practicing license or managing license	1926
that has not been expiredvalid for more than two consecutive	1927
license renewal periods, completes eight hours of continuing	1928
education for each license renewal period that has elapsed since	1929
the license was last issued or renewed, up to a maximum of	1930
twenty-four hours. At least four of those hours shall include a	1931
course pertaining to sanitation and safety methods.	1932

The board shall deposit all fees it receives under division	1933
(B) of this section into the general revenue fund.	1934

Sec. 4713.64. (A) In accordance with Chapter 119. of the	1935
Revised Code, theThe state board of cosmetology may deny, revoke,	1936
or suspend a license or permit issued by the board or impose a	1937
finetake disciplinary action for any of the following:	1938

(1) Failure to comply with the requirements of this chapter	1939
or rules adopted under it;	1940

(2) Continued practice by a personan individual knowingly	1941
having an infectious or contagious disease;	1942

(3) Habitual drunkenness or addiction to any habit-forming	1943
drug;	1944

(4) Willful false and fraudulent or deceptive advertising;

1945

(5) Falsification of any record or application required to be	1946
filed with the board;	1947

(6) Failure to cooperate with an investigation or an	1948
inspection;	1949

(7) Failure to respond to a subpoena;

1950

(8) Failure to pay a fine or abide by a suspension order	1951
issued by the board.	1952

(B) On determining that there is cause for disciplinary	1953
action, the board may do one or more of the following:	1954

(1) Deny, revoke, or suspend a license or permit issued by	1955
the board;	1956

(2) Impose a fine;

1957

(3) Require the holder of a license or permit to take	1958
corrective action courses.	1959

(C) The board shall take disciplinary action pursuant to an	1960
adjudication under Chapter 119. of the Revised Code, except that,	1961
in lieu of an adjudication, the board may enter into a consent	1962
agreement with the holder of the license or permit. When ratified	1963
by a majority vote of a quorum of the board members, a consent	1964
agreement constitutes the findings and order of the board with	1965
respect to the matter addressed in the agreement. If the board	1966
refuses to ratify a consent agreement, the admissions and findings	1967
contained in it are of no effect.	1968

(D) The amount and content of corrective action courses and	1969
other relevant criteria shall be determined by the board.	1970

(E)(1) The board may impose a separate fine for each offense	1971
listed in division (A) of this section. The amount of a fine shall	1972
be not more than five hundred dollars if the violator has not	1973
previously been fined for that offense. The fine shall be not more	1974
than one thousand dollars if the violator has been fined for the	1975
same offense once before. The fine shall be not more than one	1976
thousand five hundred dollars if the violator has been fined for	1977
the same offense two or more times before.	1978

(C)(2) The board shall issue an order notifying a violator of	1979
a fine imposed under division (E)(1) of this section. The notice	1980
shall specify the date by which the fine is to be paid. The date	1981
must be less than forty-five days after the order is issued.	1982

(3) At the request of a violator who is temporarily unable to	1983
pay a fine, or on its own motion, the board may extend the date by	1984
which the fine is to be paid to up to ninety days after the date	1985
the order is issued.	1986

(4) If a violator fails to pay a fine not later than the date	1987
specified in the board's order and does not request an extension	1988
not later than ten days after the date the order is issued or	1989
fails to pay the fine not later than the extended date, the board	1990
shall add to the fine an additional penalty equal to ten per cent	1991
of the fine.	1992

(5) If a violator fails to pay a fine not later than ninety	1993
days after the board issues an order, the board shall add to the	1994
fine interest at a rate specified by the board in rules adopted	1995
under section 4713.08 of the Revised Code.	1996

(6) If the fine, including any interest or additional	1997
penalty, remains unpaid on the ninety-first day after the board	1998
issues an order under division (E)(2) of this section, the amount	1999
of the fine and any interest or additional penalty shall be	2000
certified to the attorney general for collection in the form and	2001
manner prescribed by the attorney general. The attorney general	2002
may assess the collection cost to the amount certified in such a	2003
manner and amount as prescribed by the attorney general.	2004

(F) If a person fails to request a hearing withinor consent	2005
agreement not later than thirty days ofafter the date the board,	2006
in accordance with section 119.07 of the Revised Code, notifies	2007
the person of the board's intent to act against the person under	2008
division (A) of this section, the board by a majority vote of a	2009
quorum of the board members may take the action against the person	2010
without holding an adjudication hearing.	2011

(D)(G) The board, after a hearing in accordance with Chapter	2012
119. of the Revised Code or pursuant to a consent agreement, may	2013
suspend a tanning facilitylicense or permit if the ownerlicense	2014
or operatorpermit holder fails to correct an unsafe condition	2015
that exists in violation of the board's rules or fails to	2016
cooperate in an inspection of the tanning facility. If	2017

If a violation of this chapter or rules adopted under it has	2018
resulted in a condition reasonably believed by an inspector to	2019
create an immediate danger to the health and safety of any person	2020
using the tanninga facility, the inspector may suspend the	2021
license or permit of the facility or the person responsible for	2022
the violation without a prior hearing or an opportunity for a	2023
consent agreement until the condition is corrected or until a	2024
hearing in accordance with Chapter 119. of the Revised Code is	2025
held or a consent agreement is entered into and the board either	2026
upholds the suspension or reinstates the license or permit.	2027

Sec. 4713.66. The state board of cosmetology or the executive	2028
director acting for the board may compel, by order or subpoena,	2029
the attendance of witnesses to testify in relation to any matter	2030
over which the board has jurisdiction that is the subject of	2031
inquiry or investigation by the board and may require the	2032
production of any book, paper, document, or testimony pertaining	2033
to that matter. For this purpose, the board or director has the	2034
same power as the judge of a court of common pleas to administer	2035
oaths and to compel the attendance of witnesses and punish	2036
witnesses for refusal to testify.	2037

Service of a subpoena may be made by sheriffs or constables,	2038
or by certified mail, return receipt requested. A subpoena shall	2039
be considered served on the date delivery is made or the date the	2040
intended recipient refuses to accept delivery.	2041

Witnesses shall receive, after their appearance, the fees and	2042
mileage provided for in section 119.094 of the Revised Code. If	2043
two or more witnesses travel together in the same vehicle, the	2044
mileage fee shall be paid to only one of them, but the witnesses	2045
may agree to divide the fee among them in any manner.	2046

Should a person fail to obey an order or subpoena issued	2047
under this section, on application by the board or director	2048
setting forth the failure, the court of common pleas of any county	2049
may issue a subpoena or subpoena duces tecum ordering the person	2050
to appear and testify before the board and produce books, records,	2051
or papers, as required. On the filing of the order, the clerk of	2052
court, under the court's seal, shall issue process of subpoena for	2053
the person to appear before the board or the director at a time	2054
and place named in the subpoena, and each day thereafter until the	2055
examination of the person is completed. The subpoena may require	2056
that the person bring to the examination any books, records, or	2057
papers required by the order. The clerk shall also issue, under	2058
the seal of the court, such other orders, in reference to the	2059
examination, appearance, and production of books, records, or	2060
papers, as the court directs. If a person so summoned by subpoena	2061
fails to obey the subpoena, to give testimony, to answer questions	2062
as required, or to obey an order of the court, the court, on	2063
motion supported by proof, may order an attachment for contempt to	2064
be issued against the person. If the person is brought before the	2065
court by virtue of the attachment and upon a hearing the	2066
disobedience appears, the court may order the person to be	2067
committed and kept in close custody.	2068

Sec. 4713.67. (A) The state board of cosmetology, on its own	2069
motion or on receipt of a written complaint, may investigate or	2070
inspect the activities or premises of a person who is alleged to	2071
have violated this chapter or rules adopted under it, regardless	2072
of whether the person holds a license issued under this chapter.	2073

(B) If, based on its investigation, the board determines that	2074
there is reasonable cause to believe that a person has violated	2075
this chapter or rules adopted under it, the board shall afford the	2076
person an opportunity for a hearing. Notice shall be given and any	2077
hearing conducted in accordance with Chapter 119. of the Revised	2078
Code.	2079

(C) The board shall maintain a transcript of the hearing and	2080
issue a written opinion to all parties, citing its findings and	2081
ground for any action it takes. Any action shall be taken in	2082
accordance with section 4713.64 of the Revised Code.	2083

Sec. 4715.30.  (A) An applicant for or holder of a	2084
certificate or license issued under this chapter is subject to	2085
disciplinary action by the state dental board for any of the	2086
following reasons:	2087

(1) Employing or cooperating in fraud or material deception	2088
in applying for or obtaining a license or certificate;	2089

(2) Obtaining or attempting to obtain money or anything of	2090
value by intentional misrepresentation or material deception in	2091
the course of practice;	2092

(3) Advertising services in a false or misleading manner or	2093
violating the board's rules governing time, place, and manner of	2094
advertising;	2095

(4) Conviction of a misdemeanor committed in the course of	2096
practice or of any felony;	2097

(5) Engaging in lewd or immoral conduct in connection with	2098
the provision of dental services;	2099

(6) Selling, prescribing, giving away, or administering drugs	2100
for other than legal and legitimate therapeutic purposes, or	2101
conviction of violating any law of this state or the federal	2102
government regulating the possession, distribution, or use of any	2103
drug;	2104

(7) Providing or allowing dental hygienists, expanded	2105
function dental auxiliaries, or other practitioners of auxiliary	2106
dental occupations working under the certificate or license	2107
holder's supervision, or a dentist holding a temporary limited	2108
continuing education license under division (C) of section 4715.16	2109
of the Revised Code working under the certificate or license	2110
holder's direct supervision, to provide dental care that departs	2111
from or fails to conform to accepted standards for the profession,	2112
whether or not injury to a patient results;	2113

(8) Inability to practice under accepted standards of the	2114
profession because of physical or mental disability, dependence on	2115
alcohol or other drugs, or excessive use of alcohol or other	2116
drugs;	2117

(9) Violation of any provision of this chapter or any rule	2118
adopted thereunder;	2119

(10) Failure to use universal blood and body fluid	2120
precautions established by rules adopted under section 4715.03 of	2121
the Revised Code;	2122

(11) Waiving the payment of all or any part of a deductible	2123
or copayment that a patient, pursuant to a health insurance or	2124
health care policy, contract, or plan that covers dental services,	2125
would otherwise be required to pay if the waiver is used as an	2126
enticement to a patient or group of patients to receive health	2127
care services from that provider;	2128

(12) Advertising that the certificate or license holder will	2129
waive the payment of all or any part of a deductible or copayment	2130
that a patient, pursuant to a health insurance or health care	2131
policy, contract, or plan that covers dental services, would	2132
otherwise be required to pay;	2133

(13) Failure to comply with section 4729.79 of the Revised	2134
Code, unless the state board of pharmacy no longer maintains a	2135
drug database pursuant to section 4729.75 of the Revised Code.	2136

(B) A manager, proprietor, operator, or conductor of a dental	2137
facility shall be subject to disciplinary action if any dentist,	2138
dental hygienist, expanded function dental auxiliary, or qualified	2139
personnel providing services in the facility is found to have	2140
committed a violation listed in division (A) of this section and	2141
the manager, proprietor, operator, or conductor knew of the	2142
violation and permitted it to occur on a recurring basis.	2143

(C) Subject to Chapter 119. of the Revised Code, the board	2144
may take one or more of the following disciplinary actions if one	2145
or more of the grounds for discipline listed in divisions (A) and	2146
(B) of this section exist:	2147

(1) Censure the license or certificate holder;

2148

(2) Place the license or certificate on probationary status	2149
for such period of time the board determines necessary and require	2150
the holder to:	2151

(a) Report regularly to the board upon the matters which are	2152
the basis of probation;	2153

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

2154

(c) Continue or renew professional education until a	2155
satisfactory degree of knowledge or clinical competency has been	2156
attained in specified areas.	2157

(3) Suspend the certificate or license;

2158

(4) Revoke the certificate or license.

2159

Where the board places a holder of a license or certificate	2160
on probationary status pursuant to division (C)(2) of this	2161
section, the board may subsequently suspend or revoke the license	2162
or certificate if it determines that the holder has not met the	2163
requirements of the probation or continues to engage in activities	2164
that constitute grounds for discipline pursuant to division (A) or	2165
(B) of this section.	2166

Any order suspending a license or certificate shall state the	2167
conditions under which the license or certificate will be	2168
restored, which may include a conditional restoration during which	2169
time the holder is in a probationary status pursuant to division	2170
(C)(2) of this section. The board shall restore the license or	2171
certificate unconditionally when such conditions are met.	2172

(D) If the physical or mental condition of an applicant or a	2173
license or certificate holder is at issue in a disciplinary	2174
proceeding, the board may order the license or certificate holder	2175
to submit to reasonable examinations by an individual designated	2176
or approved by the board and at the board's expense. The physical	2177
examination may be conducted by any individual authorized by the	2178
Revised Code to do so, including a physician assistant, a clinical	2179
nurse specialist, a certified nurse practitioner, or a certified	2180
nurse-midwife. Any written documentation of the physical	2181
examination shall be completed by the individual who conducted the	2182
examination.	2183

Failure to comply with an order for an examination shall be	2184
grounds for refusal of a license or certificate or summary	2185
suspension of a license or certificate under division (E) of this	2186
section.	2187

(E) If the board has reason to believe that a license or	2188
certificate holder represents a clear and immediate danger to the	2189
public health and safety if the holder is allowed to continue to	2190
practice, or if the holder has failed to comply with an order	2191
under division (D) of this section, the board may apply to the	2192
court of common pleas of the county in which the holder resides	2193
for an order temporarily suspending the holder's license or	2194
certificate, without a prior hearing being afforded by the board,	2195
until the board conducts an adjudication hearing pursuant to	2196
Chapter 119. of the Revised Code. If the court temporarily	2197
suspends a holder's license or certificate, the board shall give	2198
written notice of the suspension personally or by certified mail	2199
to the license or certificate holder. Such notice shall include	2200
specific facts and reasons for finding a clear and immediate	2201
danger to the public health and safety and shall inform the	2202
license or certificate holder of the right to a hearing pursuant	2203
to Chapter 119. of the Revised Code.	2204

(F) Any holder of a certificate or license issued under this	2205
chapter who has pleaded guilty to, has been convicted of, or has	2206
had a judicial finding of eligibility for intervention in lieu of	2207
conviction entered against the holder in this state for aggravated	2208
murder, murder, voluntary manslaughter, felonious assault,	2209
kidnapping, rape, sexual battery, gross sexual imposition,	2210
aggravated arson, aggravated robbery, or aggravated burglary, or	2211
who has pleaded guilty to, has been convicted of, or has had a	2212
judicial finding of eligibility for treatment or intervention in	2213
lieu of conviction entered against the holder in another	2214
jurisdiction for any substantially equivalent criminal offense, is	2215
automatically suspended from practice under this chapter in this	2216
state and any certificate or license issued to the holder under	2217
this chapter is automatically suspended, as of the date of the	2218
guilty plea, conviction, or judicial finding, whether the	2219
proceedings are brought in this state or another jurisdiction.	2220
Continued practice by an individual after the suspension of the	2221
individual's certificate or license under this division shall be	2222
considered practicing without a certificate or license. The board	2223
shall notify the suspended individual of the suspension of the	2224
individual's certificate or license under this division by	2225
certified maila delivery system or in person in accordance with	2226
section 119.07 of the Revised Code. If an individual whose	2227
certificate or license is suspended under this division fails to	2228
make a timely request for an adjudicatory hearing, the board shall	2229
enter a final order revoking the individual's certificate or	2230
license.	2231

(G) Notwithstanding divisions (A)(11) and (12) of this	2232
section, sanctions shall not be imposed against any licensee who	2233
waives deductibles and copayments:	2234

(1) In compliance with the health benefit plan that expressly	2235
allows such a practice. Waiver of the deductibles or copayments	2236
shall be made only with the full knowledge and consent of the plan	2237
purchaser, payer, and third-party administrator. Such consent	2238
shall be made available to the board upon request.	2239

(2) For professional services rendered to any other person	2240
licensed pursuant to this chapter to the extent allowed by this	2241
chapter and the rules of the board.	2242

(H) In no event shall the board consider or raise during a	2243
hearing required by Chapter 119. of the Revised Code the	2244
circumstances of, or the fact that the board has received, one or	2245
more complaints about a person unless the one or more complaints	2246
are the subject of the hearing or resulted in the board taking an	2247
action authorized by this section against the person on a prior	2248
occasion.	2249

Sec. 4717.14.  (A) The board of embalmers and funeral	2250
directors may refuse to grant or renew, or may suspend or revoke,	2251
any license issued under this chapter for any of the following	2252
reasons:	2253

(1) The license was obtained by fraud or misrepresentation	2254
either in the application or in passing the examination.	2255

(2) The applicant or licensee has been convicted of or has	2256
pleaded guilty to a felony or of any crime involving moral	2257
turpitude.	2258

(3) The applicant or licensee has purposely violated any	2259
provision of sections 4717.01 to 4717.15 or a rule adopted under	2260
any of those sections; division (A) or (B) of section 4717.23;	2261
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	2262
or divisions (H) to (K) of section 4717.26; division (D)(1) of	2263
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	2264
Revised Code; any rule or order of the department of health or a	2265
board of health of a health district governing the disposition of	2266
dead human bodies; or any other rule or order applicable to the	2267
applicant or licensee.	2268

(4) The applicant or licensee has committed immoral or	2269
unprofessional conduct.	2270

(5) The applicant or licensee knowingly permitted an	2271
unlicensed person, other than a person serving an apprenticeship,	2272
to engage in the profession or business of embalming or funeral	2273
directing under the applicant's or licensee's supervision.	2274

(6) The applicant or licensee has been habitually	2275
intoxicated, or is addicted to the use of morphine, cocaine, or	2276
other habit-forming or illegal drugs.	2277

(7) The applicant or licensee has refused to promptly submit	2278
the custody of a dead human body upon the express order of the	2279
person legally entitled to the body.	2280

(8) The licensee loaned the licensee's own license, or the	2281
applicant or licensee borrowed or used the license of another	2282
person, or knowingly aided or abetted the granting of an improper	2283
license.	2284

(9) The applicant or licensee transferred a license to	2285
operate a funeral home, embalming facility, or crematory from one	2286
owner or operator to another, or from one location to another,	2287
without notifying the board.	2288

(10) The applicant or licensee misleadmisled the public by	2289
using false or deceptive advertising.	2290

(B)(1) The board of embalmers and funeral directors shall	2291
refuse to grant or renew, or shall suspend or revoke, an	2292
embalmer's, funeral director's, funeral home, or embalming	2293
facility license only in accordance with Chapter 119. of the	2294
Revised Code.	2295

(2) The board shall send to the crematory review board	2296
written notice that it proposes to refuse to issue or renew, or	2297
proposes to suspend or revoke, a license to operate a crematory	2298
facility. If, after the conclusion of the adjudicatory hearing on	2299
the matter conducted under division (E) of section 4717.03 of the	2300
Revised Code, the board of embalmers and funeral directors finds	2301
that any of the circumstances described in divisions (A)(1) to	2302
(10) of this section apply to the person named in its proposed	2303
action, the board may issue a final order under division (E) of	2304
section 4717.03 of the Revised Code refusing to issue or renew, or	2305
suspending or revoking, the person's license to operate a	2306
crematory facility.	2307

(C) If the board of embalmers and funeral directors	2308
determines that there is clear and convincing evidence that any of	2309
the circumstances described in divisions (A)(1) to (10) of this	2310
section apply to the holder of a license issued under this chapter	2311
and that the licensee's continued practice presents a danger of	2312
immediate and serious harm to the public, the board may suspend	2313
the licensee's license without a prior adjudicatory hearing. The	2314
executive director of the board shall prepare written allegations	2315
for consideration by the board.	2316

The board, after reviewing the written allegations, may	2317
suspend a license without a prior hearing.	2318

The board shall issue a written order of suspension by	2319
certified maila delivery system or in person in accordance with	2320
section 119.07 of the Revised Code. Such an order is not subject	2321
to suspension by the court during the pendency of any appeal filed	2322
under section 119.12 of the Revised Code. If the holder of an	2323
embalmer's, funeral director's, funeral home, or embalming	2324
facility license requests an adjudicatory hearing by the board,	2325
the date set for the hearing shall be within fifteen days, but not	2326
earlier than seven days, after the licensee has requested a	2327
hearing, unless the board and the licensee agree to a different	2328
time for holding the hearing.	2329

Upon issuing a written order of suspension to the holder of a	2330
license to operate a crematory facility, the board of embalmers	2331
and funeral directors shall send written notice of the issuance of	2332
the order to the crematory review board. The crematory review	2333
board shall hold an adjudicatory hearing on the order under	2334
division (E) of section 4717.03 of the Revised Code within fifteen	2335
days, but not earlier than seven days, after the issuance of the	2336
order, unless the crematory review board and the licensee agree to	2337
a different time for holding the adjudicatory hearing.	2338

Any summary suspension imposed under this division shall	2339
remain in effect, unless reversed on appeal, until a final	2340
adjudicatory order issued by the board of embalmers and funeral	2341
directors pursuant to this division and Chapter 119. of the	2342
Revised Code, or division (E) of section 4717.03 of the Revised	2343
Code, as applicable, becomes effective. The board of embalmers and	2344
funeral directors shall issue its final adjudicatory order within	2345
sixty days after the completion of its hearing or, in the case of	2346
the summary suspension of a license to operate a crematory	2347
facility, within sixty days after completion of the adjudicatory	2348
hearing by the crematory review board. A failure to issue the	2349
order within that time results in the dissolution of the summary	2350
suspension order, but does not invalidate any subsequent final	2351
adjudicatory order.	2352

(D) If the board of embalmers and funeral directors suspends	2353
or revokes a license held by a funeral director or a funeral home	2354
for any reason identified in division (A) of this section, the	2355
board may file a complaint with the court of common pleas in the	2356
county where the violation occurred requesting appointment of a	2357
receiver and the sequestration of the assets of the funeral home	2358
that held the suspended or revoked license or the licensed funeral	2359
home that employs the funeral director that held the suspended or	2360
revoked license. If the court of common pleas is satisfied with	2361
the application for a receivership, the court may appoint a	2362
receiver.	2363

The board or a receiver may employ and procure whatever	2364
assistance or advice is necessary in the receivership or	2365
liquidation and distribution of the assets of the funeral home,	2366
and, for that purpose, may retain officers or employees of the	2367
funeral home as needed. All expenses of the receivership or	2368
liquidation shall be paid from the assets of the funeral home and	2369
shall be a lien on those assets, and that lien shall be a priority	2370
to any other lien.	2371

(E) Any holder of a license issued under this chapter who has	2372
pleaded guilty to, has been found by a judge or jury to be guilty	2373
of, or has had a judicial finding of eligibility for treatment in	2374
lieu of conviction entered against the individual in this state	2375
for aggravated murder, murder, voluntary manslaughter, felonious	2376
assault, kidnapping, rape, sexual battery, gross sexual	2377
imposition, aggravated arson, aggravated robbery, or aggravated	2378
burglary, or who has pleaded guilty to, has been found by a judge	2379
or jury to be guilty of, or has had a judicial finding of	2380
eligibility for treatment in lieu of conviction entered against	2381
the individual in another jurisdiction for any substantially	2382
equivalent criminal offense, is hereby suspended from practice	2383
under this chapter by operation of law, and any license issued to	2384
the individual under this chapter is hereby suspended by operation	2385
of law as of the date of the guilty plea, verdict or finding of	2386
guilt, or judicial finding of eligibility for treatment in lieu of	2387
conviction, regardless of whether the proceedings are brought in	2388
this state or another jurisdiction. The board shall notify the	2389
suspended individual of the suspension of the individual's license	2390
by the operation of this division by certified maila delivery	2391
system or in person in accordance with section 119.07 of the	2392
Revised Code. If an individual whose license is suspended under	2393
this division fails to make a timely request for an adjudicatory	2394
hearing, the board shall enter a final order revoking the license.	2395

(F) No person whose license has been suspended or revoked	2396
under or by the operation of this section shall practice embalming	2397
or funeral directing or operate a funeral home, embalming	2398
facility, or crematory facility until the board has reinstated the	2399
person's license.	2400

Sec. 4723.281.  (A) As used in this section, with regard to	2401
offenses committed in Ohio, "aggravated murder," "murder,"	2402
"voluntary manslaughter," "felonious assault," "kidnapping,"	2403
"rape," "sexual battery," "gross sexual imposition," "aggravated	2404
arson," "aggravated robbery," and "aggravated burglary" mean such	2405
offenses as defined in Title XXIX of the Revised Code; with regard	2406
to offenses committed in other jurisdictions, the terms mean	2407
offenses comparable to offenses defined in Title XXIX of the	2408
Revised Code.	2409

(B) When there is clear and convincing evidence that	2410
continued practice by an individual licensed under this chapter	2411
presents a danger of immediate and serious harm to the public, as	2412
determined on consideration of the evidence by the president and	2413
the executive director of the board of nursing, the president and	2414
director shall impose on the individual a summary suspension	2415
without a hearing. An individual serving as president or executive	2416
director in the absence of the president or executive director may	2417
take any action that this section requires or authorizes the	2418
president or executive director to take.	2419

Immediately following the decision to impose a summary	2420
suspension, the board shall issue a written order of suspension	2421
and cause it to be delivered by certified maila delivery system	2422
or in person in accordance with section 119.07 of the Revised	2423
Code. The order shall not be subject to suspension by the court	2424
during the pendency of any appeal filed under section 119.12 of	2425
the Revised Code. If the individual subject to the suspension	2426
requests an adjudication, the date set for the adjudication shall	2427
be within fifteen days but not earlier than seven days after the	2428
individual makes the request, unless another date is agreed to by	2429
both the individual and the board. The summary suspension shall	2430
remain in effect, unless reversed by the board, until a final	2431
adjudication order issued by the board pursuant to this section	2432
and Chapter 119. of the Revised Code becomes effective.	2433

The board shall issue its final adjudication order within	2434
ninety days after completion of the adjudication. If the board	2435
does not issue a final order within the ninety-day period, the	2436
summary suspension shall be void, but any final adjudication order	2437
issued subsequent to the ninety-day period shall not be affected.	2438

(C) The license or certificate issued to an individual under	2439
this chapter is automatically suspended on that individual's	2440
conviction of, plea of guilty to, or judicial finding with regard	2441
to any of the following: aggravated murder, murder, voluntary	2442
manslaughter, felonious assault, kidnapping, rape, sexual battery,	2443
gross sexual imposition, aggravated arson, aggravated robbery, or	2444
aggravated burglary. The suspension shall remain in effect from	2445
the date of the conviction, plea, or finding until an adjudication	2446
is held under Chapter 119. of the Revised Code. If the board has	2447
knowledge that an automatic suspension has occurred, it shall	2448
notify the individual subject to the suspension. If the individual	2449
is notified and either fails to request an adjudication within the	2450
time periods established by Chapter 119. of the Revised Code or	2451
fails to participate in the adjudication, the board shall enter a	2452
final order permanently revoking the person's license or	2453
certificate.	2454

Sec. 4725.24.  If the secretary of the state board of	2455
optometry and the board's supervising member of investigations	2456
determine that there is clear and convincing evidence that an	2457
optometrist has violated division (B) of section 4725.19 of the	2458
Revised Code and that the optometrist's continued practice	2459
presents a danger of immediate and serious harm to the public,	2460
they may recommend that the board suspend without a prior hearing	2461
the optometrist's certificate of licensure and any other	2462
certificates held by the optometrist. Written allegations shall be	2463
prepared for consideration by the full board.	2464

The board, upon review of those allegations and by an	2465
affirmative vote of three members other than the secretary and	2466
supervising member may order the suspension without a prior	2467
hearing. A telephone conference call may be utilized for reviewing	2468
the allegations and taking the vote on the summary suspension.	2469

The board shall issue a written order of suspension by	2470
certified maila delivery system or in person in accordance with	2471
section 119.07 of the Revised Code. The order shall not be subject	2472
to suspension by the court during pendency of any appeal filed	2473
under section 119.12 of the Revised Code. If the individual	2474
subject to the summary suspension requests an adjudicatory hearing	2475
by the board, the date set for the hearing shall be within fifteen	2476
days, but not earlier than seven days, after the individual	2477
requests the hearing, unless otherwise agreed to by both the board	2478
and the individual.	2479

Any summary suspension imposed under this division shall	2480
remain in effect, unless reversed on appeal, until a final	2481
adjudicative order issued by the board pursuant to section 4725.19	2482
of the Revised Code and Chapter 119. of the Revised Code becomes	2483
effective. The board shall issue its final adjudicative order	2484
within sixty days after completion of its hearing. A failure to	2485
issue the order within sixty days shall result in dissolution of	2486
the summary suspension order but shall not invalidate any	2487
subsequent, final adjudicative order.	2488

Sec. 4730.25.  (A) The state medical board, by an affirmative	2489
vote of not fewer than six members, may revoke or may refuse to	2490
grant a certificate to practice as a physician assistant or a	2491
certificate to prescribe to a person found by the board to have	2492
committed fraud, misrepresentation, or deception in applying for	2493
or securing the certificate.	2494

(B) The board, by an affirmative vote of not fewer than six	2495
members, shall, to the extent permitted by law, limit, revoke, or	2496
suspend an individual's certificate to practice as a physician	2497
assistant or certificate to prescribe, refuse to issue a	2498
certificate to an applicant, refuse to reinstate a certificate, or	2499
reprimand or place on probation the holder of a certificate for	2500
any of the following reasons:	2501

(1) Failure to practice in accordance with the conditions	2502
under which the supervising physician's supervision agreement with	2503
the physician assistant was approved, including the requirement	2504
that when practicing under a particular supervising physician, the	2505
physician assistant must practice only according to the physician	2506
supervisory plan the board approved for that physician or the	2507
policies of the health care facility in which the supervising	2508
physician and physician assistant are practicing;	2509

(2) Failure to comply with the requirements of this chapter,	2510
Chapter 4731. of the Revised Code, or any rules adopted by the	2511
board;	2512

(3) Violating or attempting to violate, directly or	2513
indirectly, or assisting in or abetting the violation of, or	2514
conspiring to violate, any provision of this chapter, Chapter	2515
4731. of the Revised Code, or the rules adopted by the board;	2516

(4) Inability to practice according to acceptable and	2517
prevailing standards of care by reason of mental illness or	2518
physical illness, including physical deterioration that adversely	2519
affects cognitive, motor, or perceptive skills;	2520

(5) Impairment of ability to practice according to acceptable	2521
and prevailing standards of care because of habitual or excessive	2522
use or abuse of drugs, alcohol, or other substances that impair	2523
ability to practice;	2524

(6) Administering drugs for purposes other than those	2525
authorized under this chapter;	2526

(7) Willfully betraying a professional confidence;

2527

(8) Making a false, fraudulent, deceptive, or misleading	2528
statement in soliciting or advertising for employment as a	2529
physician assistant; in connection with any solicitation or	2530
advertisement for patients; in relation to the practice of	2531
medicine as it pertains to physician assistants; or in securing or	2532
attempting to secure a certificate to practice as a physician	2533
assistant, a certificate to prescribe, or approval of a	2534
supervision agreement.	2535

As used in this division, "false, fraudulent, deceptive, or	2536
misleading statement" means a statement that includes a	2537
misrepresentation of fact, is likely to mislead or deceive because	2538
of a failure to disclose material facts, is intended or is likely	2539
to create false or unjustified expectations of favorable results,	2540
or includes representations or implications that in reasonable	2541
probability will cause an ordinarily prudent person to	2542
misunderstand or be deceived.	2543

(9) Representing, with the purpose of obtaining compensation	2544
or other advantage personally or for any other person, that an	2545
incurable disease or injury, or other incurable condition, can be	2546
permanently cured;	2547

(10) The obtaining of, or attempting to obtain, money or	2548
anything of value by fraudulent misrepresentations in the course	2549
of practice;	2550

(11) A plea of guilty to, a judicial finding of guilt of, or	2551
a judicial finding of eligibility for intervention in lieu of	2552
conviction for, a felony;	2553

(12) Commission of an act that constitutes a felony in this	2554
state, regardless of the jurisdiction in which the act was	2555
committed;	2556

(13) A plea of guilty to, a judicial finding of guilt of, or	2557
a judicial finding of eligibility for intervention in lieu of	2558
conviction for, a misdemeanor committed in the course of practice;	2559

(14) A plea of guilty to, a judicial finding of guilt of, or	2560
a judicial finding of eligibility for intervention in lieu of	2561
conviction for, a misdemeanor involving moral turpitude;	2562

(15) Commission of an act in the course of practice that	2563
constitutes a misdemeanor in this state, regardless of the	2564
jurisdiction in which the act was committed;	2565

(16) Commission of an act involving moral turpitude that	2566
constitutes a misdemeanor in this state, regardless of the	2567
jurisdiction in which the act was committed;	2568

(17) A plea of guilty to, a judicial finding of guilt of, or	2569
a judicial finding of eligibility for intervention in lieu of	2570
conviction for violating any state or federal law regulating the	2571
possession, distribution, or use of any drug, including	2572
trafficking in drugs;	2573

(18) Any of the following actions taken by the state agency	2574
responsible for regulating the practice of physician assistants in	2575
another state, for any reason other than the nonpayment of fees:	2576
the limitation, revocation, or suspension of an individual's	2577
license to practice; acceptance of an individual's license	2578
surrender; denial of a license; refusal to renew or reinstate a	2579
license; imposition of probation; or issuance of an order of	2580
censure or other reprimand;	2581

(19) A departure from, or failure to conform to, minimal	2582
standards of care of similar physician assistants under the same	2583
or similar circumstances, regardless of whether actual injury to a	2584
patient is established;	2585

(20) Violation of the conditions placed by the board on a	2586
certificate to practice as a physician assistant, a certificate to	2587
prescribe, a physician supervisory plan, or supervision agreement;	2588

(21) Failure to use universal blood and body fluid	2589
precautions established by rules adopted under section 4731.051 of	2590
the Revised Code;	2591

(22) Failure to cooperate in an investigation conducted by	2592
the board under section 4730.26 of the Revised Code, including	2593
failure to comply with a subpoena or order issued by the board or	2594
failure to answer truthfully a question presented by the board at	2595
a deposition or in written interrogatories, except that failure to	2596
cooperate with an investigation shall not constitute grounds for	2597
discipline under this section if a court of competent jurisdiction	2598
has issued an order that either quashes a subpoena or permits the	2599
individual to withhold the testimony or evidence in issue;	2600

(23) Assisting suicide as defined in section 3795.01 of the	2601
Revised Code;	2602

(24) Prescribing any drug or device to perform or induce an	2603
abortion, or otherwise performing or inducing an abortion.	2604

(C) Disciplinary actions taken by the board under divisions	2605
(A) and (B) of this section shall be taken pursuant to an	2606
adjudication under Chapter 119. of the Revised Code, except that	2607
in lieu of an adjudication, the board may enter into a consent	2608
agreement with a physician assistant or applicant to resolve an	2609
allegation of a violation of this chapter or any rule adopted	2610
under it. A consent agreement, when ratified by an affirmative	2611
vote of not fewer than six members of the board, shall constitute	2612
the findings and order of the board with respect to the matter	2613
addressed in the agreement. If the board refuses to ratify a	2614
consent agreement, the admissions and findings contained in the	2615
consent agreement shall be of no force or effect.	2616

(D) For purposes of divisions (B)(12), (15), and (16) of this	2617
section, the commission of the act may be established by a finding	2618
by the board, pursuant to an adjudication under Chapter 119. of	2619
the Revised Code, that the applicant or certificate holder	2620
committed the act in question. The board shall have no	2621
jurisdiction under these divisions in cases where the trial court	2622
renders a final judgment in the certificate holder's favor and	2623
that judgment is based upon an adjudication on the merits. The	2624
board shall have jurisdiction under these divisions in cases where	2625
the trial court issues an order of dismissal upon technical or	2626
procedural grounds.	2627

(E) The sealing of conviction records by any court shall have	2628
no effect upon a prior board order entered under the provisions of	2629
this section or upon the board's jurisdiction to take action under	2630
the provisions of this section if, based upon a plea of guilty, a	2631
judicial finding of guilt, or a judicial finding of eligibility	2632
for intervention in lieu of conviction, the board issued a notice	2633
of opportunity for a hearing prior to the court's order to seal	2634
the records. The board shall not be required to seal, destroy,	2635
redact, or otherwise modify its records to reflect the court's	2636
sealing of conviction records.	2637

(F) For purposes of this division, any individual who holds a	2638
certificate issued under this chapter, or applies for a	2639
certificate issued under this chapter, shall be deemed to have	2640
given consent to submit to a mental or physical examination when	2641
directed to do so in writing by the board and to have waived all	2642
objections to the admissibility of testimony or examination	2643
reports that constitute a privileged communication.	2644

(1) In enforcing division (B)(4) of this section, the board,	2645
upon a showing of a possible violation, may compel any individual	2646
who holds a certificate issued under this chapter or who has	2647
applied for a certificate pursuant to this chapter to submit to a	2648
mental examination, physical examination, including an HIV test,	2649
or both a mental and physical examination. The expense of the	2650
examination is the responsibility of the individual compelled to	2651
be examined. Failure to submit to a mental or physical examination	2652
or consent to an HIV test ordered by the board constitutes an	2653
admission of the allegations against the individual unless the	2654
failure is due to circumstances beyond the individual's control,	2655
and a default and final order may be entered without the taking of	2656
testimony or presentation of evidence. If the board finds a	2657
physician assistant unable to practice because of the reasons set	2658
forth in division (B)(4) of this section, the board shall require	2659
the physician assistant to submit to care, counseling, or	2660
treatment by physicians approved or designated by the board, as a	2661
condition for an initial, continued, reinstated, or renewed	2662
certificate. An individual affected under this division shall be	2663
afforded an opportunity to demonstrate to the board the ability to	2664
resume practicing in compliance with acceptable and prevailing	2665
standards of care.	2666

(2) For purposes of division (B)(5) of this section, if the	2667
board has reason to believe that any individual who holds a	2668
certificate issued under this chapter or any applicant for a	2669
certificate suffers such impairment, the board may compel the	2670
individual to submit to a mental or physical examination, or both.	2671
The expense of the examination is the responsibility of the	2672
individual compelled to be examined. Any mental or physical	2673
examination required under this division shall be undertaken by a	2674
treatment provider or physician qualified to conduct such	2675
examination and chosen by the board.	2676

Failure to submit to a mental or physical examination ordered	2677
by the board constitutes an admission of the allegations against	2678
the individual unless the failure is due to circumstances beyond	2679
the individual's control, and a default and final order may be	2680
entered without the taking of testimony or presentation of	2681
evidence. If the board determines that the individual's ability to	2682
practice is impaired, the board shall suspend the individual's	2683
certificate or deny the individual's application and shall require	2684
the individual, as a condition for initial, continued, reinstated,	2685
or renewed certification to practice or prescribe, to submit to	2686
treatment.	2687

Before being eligible to apply for reinstatement of a	2688
certificate suspended under this division, the physician assistant	2689
shall demonstrate to the board the ability to resume practice or	2690
prescribing in compliance with acceptable and prevailing standards	2691
of care. The demonstration shall include the following:	2692

(a) Certification from a treatment provider approved under	2693
section 4731.25 of the Revised Code that the individual has	2694
successfully completed any required inpatient treatment;	2695

(b) Evidence of continuing full compliance with an aftercare	2696
contract or consent agreement;	2697

(c) Two written reports indicating that the individual's	2698
ability to practice has been assessed and that the individual has	2699
been found capable of practicing according to acceptable and	2700
prevailing standards of care. The reports shall be made by	2701
individuals or providers approved by the board for making such	2702
assessments and shall describe the basis for their determination.	2703

The board may reinstate a certificate suspended under this	2704
division after such demonstration and after the individual has	2705
entered into a written consent agreement.	2706

When the impaired physician assistant resumes practice or	2707
prescribing, the board shall require continued monitoring of the	2708
physician assistant. The monitoring shall include compliance with	2709
the written consent agreement entered into before reinstatement or	2710
with conditions imposed by board order after a hearing, and, upon	2711
termination of the consent agreement, submission to the board for	2712
at least two years of annual written progress reports made under	2713
penalty of falsification stating whether the physician assistant	2714
has maintained sobriety.	2715

(G) If the secretary and supervising member determine that	2716
there is clear and convincing evidence that a physician assistant	2717
has violated division (B) of this section and that the	2718
individual's continued practice or prescribing presents a danger	2719
of immediate and serious harm to the public, they may recommend	2720
that the board suspend the individual's certificate to practice or	2721
prescribe without a prior hearing. Written allegations shall be	2722
prepared for consideration by the board.	2723

The board, upon review of those allegations and by an	2724
affirmative vote of not fewer than six of its members, excluding	2725
the secretary and supervising member, may suspend a certificate	2726
without a prior hearing. A telephone conference call may be	2727
utilized for reviewing the allegations and taking the vote on the	2728
summary suspension.	2729

The board shall issue a written order of suspension by	2730
certified maila delivery system or in person in accordance with	2731
section 119.07 of the Revised Code. The order shall not be subject	2732
to suspension by the court during pendency of any appeal filed	2733
under section 119.12 of the Revised Code. If the physician	2734
assistant requests an adjudicatory hearing by the board, the date	2735
set for the hearing shall be within fifteen days, but not earlier	2736
than seven days, after the physician assistant requests the	2737
hearing, unless otherwise agreed to by both the board and the	2738
certificate holder.	2739

A summary suspension imposed under this division shall remain	2740
in effect, unless reversed on appeal, until a final adjudicative	2741
order issued by the board pursuant to this section and Chapter	2742
119. of the Revised Code becomes effective. The board shall issue	2743
its final adjudicative order within sixty days after completion of	2744
its hearing. Failure to issue the order within sixty days shall	2745
result in dissolution of the summary suspension order, but shall	2746
not invalidate any subsequent, final adjudicative order.	2747

(H) If the board takes action under division (B)(11), (13),	2748
or (14) of this section, and the judicial finding of guilt, guilty	2749
plea, or judicial finding of eligibility for intervention in lieu	2750
of conviction is overturned on appeal, upon exhaustion of the	2751
criminal appeal, a petition for reconsideration of the order may	2752
be filed with the board along with appropriate court documents.	2753
Upon receipt of a petition and supporting court documents, the	2754
board shall reinstate the certificate to practice or prescribe.	2755
The board may then hold an adjudication under Chapter 119. of the	2756
Revised Code to determine whether the individual committed the act	2757
in question. Notice of opportunity for hearing shall be given in	2758
accordance with Chapter 119. of the Revised Code. If the board	2759
finds, pursuant to an adjudication held under this division, that	2760
the individual committed the act, or if no hearing is requested,	2761
it may order any of the sanctions identified under division (B) of	2762
this section.	2763

(I) The certificate to practice issued to a physician	2764
assistant and the physician assistant's practice in this state are	2765
automatically suspended as of the date the physician assistant	2766
pleads guilty to, is found by a judge or jury to be guilty of, or	2767
is subject to a judicial finding of eligibility for intervention	2768
in lieu of conviction in this state or treatment or intervention	2769
in lieu of conviction in another state for any of the following	2770
criminal offenses in this state or a substantially equivalent	2771
criminal offense in another jurisdiction: aggravated murder,	2772
murder, voluntary manslaughter, felonious assault, kidnapping,	2773
rape, sexual battery, gross sexual imposition, aggravated arson,	2774
aggravated robbery, or aggravated burglary. Continued practice	2775
after the suspension shall be considered practicing without a	2776
certificate.	2777

The board shall notify the individual subject to the	2778
suspension by certified maila delivery system or in person in	2779
accordance with section 119.07 of the Revised Code. If an	2780
individual whose certificate is suspended under this division	2781
fails to make a timely request for an adjudication under Chapter	2782
119. of the Revised Code, the board shall enter a final order	2783
permanently revoking the individual's certificate to practice.	2784

(J) In any instance in which the board is required by Chapter	2785
119. of the Revised Code to give notice of opportunity for hearing	2786
and the individual subject to the notice does not timely request a	2787
hearing in accordance with section 119.07 of the Revised Code, the	2788
board is not required to hold a hearing, but may adopt, by an	2789
affirmative vote of not fewer than six of its members, a final	2790
order that contains the board's findings. In that final order, the	2791
board may order any of the sanctions identified under division (A)	2792
or (B) of this section.	2793

(K) Any action taken by the board under division (B) of this	2794
section resulting in a suspension shall be accompanied by a	2795
written statement of the conditions under which the physician	2796
assistant's certificate may be reinstated. The board shall adopt	2797
rules in accordance with Chapter 119. of the Revised Code	2798
governing conditions to be imposed for reinstatement.	2799
Reinstatement of a certificate suspended pursuant to division (B)	2800
of this section requires an affirmative vote of not fewer than six	2801
members of the board.	2802

(L) When the board refuses to grant to an applicant a	2803
certificate to practice as a physician assistant or a certificate	2804
to prescribe, revokes an individual's certificate, refuses to	2805
issue a certificate, or refuses to reinstate an individual's	2806
certificate, the board may specify that its action is permanent.	2807
An individual subject to a permanent action taken by the board is	2808
forever thereafter ineligible to hold the certificate and the	2809
board shall not accept an application for reinstatement of the	2810
certificate or for issuance of a new certificate.	2811

(M) Notwithstanding any other provision of the Revised Code,	2812
all of the following apply:	2813

(1) The surrender of a certificate issued under this chapter	2814
is not effective unless or until accepted by the board.	2815
Reinstatement of a certificate surrendered to the board requires	2816
an affirmative vote of not fewer than six members of the board.	2817

(2) An application made under this chapter for a certificate,	2818
approval of a physician supervisory plan, or approval of a	2819
supervision agreement may not be withdrawn without approval of the	2820
board.	2821

(3) Failure by an individual to renew a certificate in	2822
accordance with section 4730.14 or section 4730.48 of the Revised	2823
Code shall not remove or limit the board's jurisdiction to take	2824
disciplinary action under this section against the individual.	2825

Sec. 4731.22.  (A) The state medical board, by an affirmative	2826
vote of not fewer than six of its members, may revoke or may	2827
refuse to grant a certificate to a person found by the board to	2828
have committed fraud during the administration of the examination	2829
for a certificate to practice or to have committed fraud,	2830
misrepresentation, or deception in applying for or securing any	2831
certificate to practice or certificate of registration issued by	2832
the board.	2833

(B) The board, by an affirmative vote of not fewer than six	2834
members, shall, to the extent permitted by law, limit, revoke, or	2835
suspend an individual's certificate to practice, refuse to	2836
register an individual, refuse to reinstate a certificate, or	2837
reprimand or place on probation the holder of a certificate for	2838
one or more of the following reasons:	2839

(1) Permitting one's name or one's certificate to practice or	2840
certificate of registration to be used by a person, group, or	2841
corporation when the individual concerned is not actually	2842
directing the treatment given;	2843

(2) Failure to maintain minimal standards applicable to the	2844
selection or administration of drugs, or failure to employ	2845
acceptable scientific methods in the selection of drugs or other	2846
modalities for treatment of disease;	2847

(3) Selling, giving away, personally furnishing, prescribing,	2848
or administering drugs for other than legal and legitimate	2849
therapeutic purposes or a plea of guilty to, a judicial finding of	2850
guilt of, or a judicial finding of eligibility for intervention in	2851
lieu of conviction of, a violation of any federal or state law	2852
regulating the possession, distribution, or use of any drug;	2853

(4) Willfully betraying a professional confidence.

2854

For purposes of this division, "willfully betraying a	2855
professional confidence" does not include providing any	2856
information, documents, or reports to a child fatality review	2857
board under sections 307.621 to 307.629 of the Revised Code and	2858
does not include the making of a report of an employee's use of a	2859
drug of abuse, or a report of a condition of an employee other	2860
than one involving the use of a drug of abuse, to the employer of	2861
the employee as described in division (B) of section 2305.33 of	2862
the Revised Code. Nothing in this division affects the immunity	2863
from civil liability conferred by that section upon a physician	2864
who makes either type of report in accordance with division (B) of	2865
that section. As used in this division, "employee," "employer,"	2866
and "physician" have the same meanings as in section 2305.33 of	2867
the Revised Code.	2868

(5) Making a false, fraudulent, deceptive, or misleading	2869
statement in the solicitation of or advertising for patients; in	2870
relation to the practice of medicine and surgery, osteopathic	2871
medicine and surgery, podiatric medicine and surgery, or a limited	2872
branch of medicine; or in securing or attempting to secure any	2873
certificate to practice or certificate of registration issued by	2874
the board.	2875

As used in this division, "false, fraudulent, deceptive, or	2876
misleading statement" means a statement that includes a	2877
misrepresentation of fact, is likely to mislead or deceive because	2878
of a failure to disclose material facts, is intended or is likely	2879
to create false or unjustified expectations of favorable results,	2880
or includes representations or implications that in reasonable	2881
probability will cause an ordinarily prudent person to	2882
misunderstand or be deceived.	2883

(6) A departure from, or the failure to conform to, minimal	2884
standards of care of similar practitioners under the same or	2885
similar circumstances, whether or not actual injury to a patient	2886
is established;	2887

(7) Representing, with the purpose of obtaining compensation	2888
or other advantage as personal gain or for any other person, that	2889
an incurable disease or injury, or other incurable condition, can	2890
be permanently cured;	2891

(8) The obtaining of, or attempting to obtain, money or	2892
anything of value by fraudulent misrepresentations in the course	2893
of practice;	2894

(9) A plea of guilty to, a judicial finding of guilt of, or a	2895
judicial finding of eligibility for intervention in lieu of	2896
conviction for, a felony;	2897

(10) Commission of an act that constitutes a felony in this	2898
state, regardless of the jurisdiction in which the act was	2899
committed;	2900

(11) A plea of guilty to, a judicial finding of guilt of, or	2901
a judicial finding of eligibility for intervention in lieu of	2902
conviction for, a misdemeanor committed in the course of practice;	2903

(12) Commission of an act in the course of practice that	2904
constitutes a misdemeanor in this state, regardless of the	2905
jurisdiction in which the act was committed;	2906

(13) A plea of guilty to, a judicial finding of guilt of, or	2907
a judicial finding of eligibility for intervention in lieu of	2908
conviction for, a misdemeanor involving moral turpitude;	2909

(14) Commission of an act involving moral turpitude that	2910
constitutes a misdemeanor in this state, regardless of the	2911
jurisdiction in which the act was committed;	2912

(15) Violation of the conditions of limitation placed by the	2913
board upon a certificate to practice;	2914

(16) Failure to pay license renewal fees specified in this	2915
chapter;	2916

(17) Except as authorized in section 4731.31 of the Revised	2917
Code, engaging in the division of fees for referral of patients,	2918
or the receiving of a thing of value in return for a specific	2919
referral of a patient to utilize a particular service or business;	2920

(18) Subject to section 4731.226 of the Revised Code,	2921
violation of any provision of a code of ethics of the American	2922
medical association, the American osteopathic association, the	2923
American podiatric medical association, or any other national	2924
professional organizations that the board specifies by rule. The	2925
state medical board shall obtain and keep on file current copies	2926
of the codes of ethics of the various national professional	2927
organizations. The individual whose certificate is being suspended	2928
or revoked shall not be found to have violated any provision of a	2929
code of ethics of an organization not appropriate to the	2930
individual's profession.	2931

For purposes of this division, a "provision of a code of	2932
ethics of a national professional organization" does not include	2933
any provision that would preclude the making of a report by a	2934
physician of an employee's use of a drug of abuse, or of a	2935
condition of an employee other than one involving the use of a	2936
drug of abuse, to the employer of the employee as described in	2937
division (B) of section 2305.33 of the Revised Code. Nothing in	2938
this division affects the immunity from civil liability conferred	2939
by that section upon a physician who makes either type of report	2940
in accordance with division (B) of that section. As used in this	2941
division, "employee," "employer," and "physician" have the same	2942
meanings as in section 2305.33 of the Revised Code.	2943

(19) Inability to practice according to acceptable and	2944
prevailing standards of care by reason of mental illness or	2945
physical illness, including, but not limited to, physical	2946
deterioration that adversely affects cognitive, motor, or	2947
perceptive skills.	2948

In enforcing this division, the board, upon a showing of a	2949
possible violation, may compel any individual authorized to	2950
practice by this chapter or who has submitted an application	2951
pursuant to this chapter to submit to a mental examination,	2952
physical examination, including an HIV test, or both a mental and	2953
a physical examination. The expense of the examination is the	2954
responsibility of the individual compelled to be examined. Failure	2955
to submit to a mental or physical examination or consent to an HIV	2956
test ordered by the board constitutes an admission of the	2957
allegations against the individual unless the failure is due to	2958
circumstances beyond the individual's control, and a default and	2959
final order may be entered without the taking of testimony or	2960
presentation of evidence. If the board finds an individual unable	2961
to practice because of the reasons set forth in this division, the	2962
board shall require the individual to submit to care, counseling,	2963
or treatment by physicians approved or designated by the board, as	2964
a condition for initial, continued, reinstated, or renewed	2965
authority to practice. An individual affected under this division	2966
shall be afforded an opportunity to demonstrate to the board the	2967
ability to resume practice in compliance with acceptable and	2968
prevailing standards under the provisions of the individual's	2969
certificate. For the purpose of this division, any individual who	2970
applies for or receives a certificate to practice under this	2971
chapter accepts the privilege of practicing in this state and, by	2972
so doing, shall be deemed to have given consent to submit to a	2973
mental or physical examination when directed to do so in writing	2974
by the board, and to have waived all objections to the	2975
admissibility of testimony or examination reports that constitute	2976
a privileged communication.	2977

(20) Except when civil penalties are imposed under section	2978
4731.225 or 4731.281 of the Revised Code, and subject to section	2979
4731.226 of the Revised Code, violating or attempting to violate,	2980
directly or indirectly, or assisting in or abetting the violation	2981
of, or conspiring to violate, any provisions of this chapter or	2982
any rule promulgated by the board.	2983

This division does not apply to a violation or attempted	2984
violation of, assisting in or abetting the violation of, or a	2985
conspiracy to violate, any provision of this chapter or any rule	2986
adopted by the board that would preclude the making of a report by	2987
a physician of an employee's use of a drug of abuse, or of a	2988
condition of an employee other than one involving the use of a	2989
drug of abuse, to the employer of the employee as described in	2990
division (B) of section 2305.33 of the Revised Code. Nothing in	2991
this division affects the immunity from civil liability conferred	2992
by that section upon a physician who makes either type of report	2993
in accordance with division (B) of that section. As used in this	2994
division, "employee," "employer," and "physician" have the same	2995
meanings as in section 2305.33 of the Revised Code.	2996

(21) The violation of section 3701.79 of the Revised Code or	2997
of any abortion rule adopted by the public health council pursuant	2998
to section 3701.341 of the Revised Code;	2999

(22) Any of the following actions taken by an agency	3000
responsible for authorizing, certifying, or regulating an	3001
individual to practice a health care occupation or provide health	3002
care services in this state or another jurisdiction, for any	3003
reason other than the nonpayment of fees: the limitation,	3004
revocation, or suspension of an individual's license to practice;	3005
acceptance of an individual's license surrender; denial of a	3006
license; refusal to renew or reinstate a license; imposition of	3007
probation; or issuance of an order of censure or other reprimand;	3008

(23) The violation of section 2919.12 of the Revised Code or	3009
the performance or inducement of an abortion upon a pregnant woman	3010
with actual knowledge that the conditions specified in division	3011
(B) of section 2317.56 of the Revised Code have not been satisfied	3012
or with a heedless indifference as to whether those conditions	3013
have been satisfied, unless an affirmative defense as specified in	3014
division (H)(2) of that section would apply in a civil action	3015
authorized by division (H)(1) of that section;	3016

(24) The revocation, suspension, restriction, reduction, or	3017
termination of clinical privileges by the United States department	3018
of defense or department of veterans affairs or the termination or	3019
suspension of a certificate of registration to prescribe drugs by	3020
the drug enforcement administration of the United States	3021
department of justice;	3022

(25) Termination or suspension from participation in the	3023
medicare or medicaid programs by the department of health and	3024
human services or other responsible agency for any act or acts	3025
that also would constitute a violation of division (B)(2), (3),	3026
(6), (8), or (19) of this section;	3027

(26) Impairment of ability to practice according to	3028
acceptable and prevailing standards of care because of habitual or	3029
excessive use or abuse of drugs, alcohol, or other substances that	3030
impair ability to practice.	3031

For the purposes of this division, any individual authorized	3032
to practice by this chapter accepts the privilege of practicing in	3033
this state subject to supervision by the board. By filing an	3034
application for or holding a certificate to practice under this	3035
chapter, an individual shall be deemed to have given consent to	3036
submit to a mental or physical examination when ordered to do so	3037
by the board in writing, and to have waived all objections to the	3038
admissibility of testimony or examination reports that constitute	3039
privileged communications.	3040

If it has reason to believe that any individual authorized to	3041
practice by this chapter or any applicant for certification to	3042
practice suffers such impairment, the board may compel the	3043
individual to submit to a mental or physical examination, or both.	3044
The expense of the examination is the responsibility of the	3045
individual compelled to be examined. Any mental or physical	3046
examination required under this division shall be undertaken by a	3047
treatment provider or physician who is qualified to conduct the	3048
examination and who is chosen by the board.	3049

Failure to submit to a mental or physical examination ordered	3050
by the board constitutes an admission of the allegations against	3051
the individual unless the failure is due to circumstances beyond	3052
the individual's control, and a default and final order may be	3053
entered without the taking of testimony or presentation of	3054
evidence. If the board determines that the individual's ability to	3055
practice is impaired, the board shall suspend the individual's	3056
certificate or deny the individual's application and shall require	3057
the individual, as a condition for initial, continued, reinstated,	3058
or renewed certification to practice, to submit to treatment.	3059

Before being eligible to apply for reinstatement of a	3060
certificate suspended under this division, the impaired	3061
practitioner shall demonstrate to the board the ability to resume	3062
practice in compliance with acceptable and prevailing standards of	3063
care under the provisions of the practitioner's certificate. The	3064
demonstration shall include, but shall not be limited to, the	3065
following:	3066

(a) Certification from a treatment provider approved under	3067
section 4731.25 of the Revised Code that the individual has	3068
successfully completed any required inpatient treatment;	3069

(b) Evidence of continuing full compliance with an aftercare	3070
contract or consent agreement;	3071

(c) Two written reports indicating that the individual's	3072
ability to practice has been assessed and that the individual has	3073
been found capable of practicing according to acceptable and	3074
prevailing standards of care. The reports shall be made by	3075
individuals or providers approved by the board for making the	3076
assessments and shall describe the basis for their determination.	3077

The board may reinstate a certificate suspended under this	3078
division after that demonstration and after the individual has	3079
entered into a written consent agreement.	3080

When the impaired practitioner resumes practice, the board	3081
shall require continued monitoring of the individual. The	3082
monitoring shall include, but not be limited to, compliance with	3083
the written consent agreement entered into before reinstatement or	3084
with conditions imposed by board order after a hearing, and, upon	3085
termination of the consent agreement, submission to the board for	3086
at least two years of annual written progress reports made under	3087
penalty of perjury stating whether the individual has maintained	3088
sobriety.	3089

(27) A second or subsequent violation of section 4731.66 or	3090
4731.69 of the Revised Code;	3091

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

3092

(a) Waiving the payment of all or any part of a deductible or	3093
copayment that a patient, pursuant to a health insurance or health	3094
care policy, contract, or plan that covers the individual's	3095
services, otherwise would be required to pay if the waiver is used	3096
as an enticement to a patient or group of patients to receive	3097
health care services from that individual;	3098

(b) Advertising that the individual will waive the payment of	3099
all or any part of a deductible or copayment that a patient,	3100
pursuant to a health insurance or health care policy, contract, or	3101
plan that covers the individual's services, otherwise would be	3102
required to pay.	3103

(29) Failure to use universal blood and body fluid	3104
precautions established by rules adopted under section 4731.051 of	3105
the Revised Code;	3106

(30) Failure to provide notice to, and receive acknowledgment	3107
of the notice from, a patient when required by section 4731.143 of	3108
the Revised Code prior to providing nonemergency professional	3109
services, or failure to maintain that notice in the patient's	3110
file;	3111

(31) Failure of a physician supervising a physician assistant	3112
to maintain supervision in accordance with the requirements of	3113
Chapter 4730. of the Revised Code and the rules adopted under that	3114
chapter;	3115

(32) Failure of a physician or podiatrist to enter into a	3116
standard care arrangement with a clinical nurse specialist,	3117
certified nurse-midwife, or certified nurse practitioner with whom	3118
the physician or podiatrist is in collaboration pursuant to	3119
section 4731.27 of the Revised Code or failure to fulfill the	3120
responsibilities of collaboration after entering into a standard	3121
care arrangement;	3122

(33) Failure to comply with the terms of a consult agreement	3123
entered into with a pharmacist pursuant to section 4729.39 of the	3124
Revised Code;	3125

(34) Failure to cooperate in an investigation conducted by	3126
the board under division (F) of this section, including failure to	3127
comply with a subpoena or order issued by the board or failure to	3128
answer truthfully a question presented by the board at a	3129
deposition or in written interrogatories, except that failure to	3130
cooperate with an investigation shall not constitute grounds for	3131
discipline under this section if a court of competent jurisdiction	3132
has issued an order that either quashes a subpoena or permits the	3133
individual to withhold the testimony or evidence in issue;	3134

(35) Failure to supervise an acupuncturist in accordance with	3135
Chapter 4762. of the Revised Code and the board's rules for	3136
supervision of an acupuncturist;	3137

(36) Failure to supervise an anesthesiologist assistant in	3138
accordance with Chapter 4760. of the Revised Code and the board's	3139
rules for supervision of an anesthesiologist assistant;	3140

(37) Assisting suicide as defined in section 3795.01 of the	3141
Revised Code;	3142

(38) Failure to comply with the requirements of section	3143
2317.561 of the Revised Code;	3144

(39) Failure to supervise a radiologist assistant in	3145
accordance with Chapter 4774. of the Revised Code and the board's	3146
rules for supervision of radiologist assistants;	3147

(40) Performing or inducing an abortion at an office or	3148
facility with knowledge that the office or facility fails to post	3149
the notice required under section 3701.791 of the Revised Code;	3150

(41) Failure to comply with the standards and procedures	3151
established in rules under section 4731.054 of the Revised Code	3152
for the operation of or the provision of care at a pain management	3153
clinic;	3154

(42) Failure to comply with the standards and procedures	3155
established in rules under section 4731.054 of the Revised Code	3156
for providing supervision, direction, and control of individuals	3157
at a pain management clinic;	3158

(43) Failure to comply with the requirements of section	3159
4729.79 of the Revised Code, unless the state board of pharmacy no	3160
longer maintains a drug database pursuant to section 4729.75 of	3161
the Revised Code;	3162

(41)(44) Failure to comply with the requirements of section	3163
2919.171 of the Revised Code or failure to submit to the	3164
department of health in accordance with a court order a complete	3165
report as described in section 2919.171 of the Revised Code.	3166

(C) Disciplinary actions taken by the board under divisions	3167
(A) and (B) of this section shall be taken pursuant to an	3168
adjudication under Chapter 119. of the Revised Code, except that	3169
in lieu of an adjudication, the board may enter into a consent	3170
agreement with an individual to resolve an allegation of a	3171
violation of this chapter or any rule adopted under it. A consent	3172
agreement, when ratified by an affirmative vote of not fewer than	3173
six members of the board, shall constitute the findings and order	3174
of the board with respect to the matter addressed in the	3175
agreement. If the board refuses to ratify a consent agreement, the	3176
admissions and findings contained in the consent agreement shall	3177
be of no force or effect.	3178

A telephone conference call may be utilized for ratification	3179
of a consent agreement that revokes or suspends an individual's	3180
certificate to practice. The telephone conference call shall be	3181
considered a special meeting under division (F) of section 121.22	3182
of the Revised Code.	3183

If the board takes disciplinary action against an individual	3184
under division (B) of this section for a second or subsequent plea	3185
of guilty to, or judicial finding of guilt of, a violation of	3186
section 2919.123 of the Revised Code, the disciplinary action	3187
shall consist of a suspension of the individual's certificate to	3188
practice for a period of at least one year or, if determined	3189
appropriate by the board, a more serious sanction involving the	3190
individual's certificate to practice. Any consent agreement	3191
entered into under this division with an individual that pertains	3192
to a second or subsequent plea of guilty to, or judicial finding	3193
of guilt of, a violation of that section shall provide for a	3194
suspension of the individual's certificate to practice for a	3195
period of at least one year or, if determined appropriate by the	3196
board, a more serious sanction involving the individual's	3197
certificate to practice.	3198

(D) For purposes of divisions (B)(10), (12), and (14) of this	3199
section, the commission of the act may be established by a finding	3200
by the board, pursuant to an adjudication under Chapter 119. of	3201
the Revised Code, that the individual committed the act. The board	3202
does not have jurisdiction under those divisions if the trial	3203
court renders a final judgment in the individual's favor and that	3204
judgment is based upon an adjudication on the merits. The board	3205
has jurisdiction under those divisions if the trial court issues	3206
an order of dismissal upon technical or procedural grounds.	3207

(E) The sealing of conviction records by any court shall have	3208
no effect upon a prior board order entered under this section or	3209
upon the board's jurisdiction to take action under this section	3210
if, based upon a plea of guilty, a judicial finding of guilt, or a	3211
judicial finding of eligibility for intervention in lieu of	3212
conviction, the board issued a notice of opportunity for a hearing	3213
prior to the court's order to seal the records. The board shall	3214
not be required to seal, destroy, redact, or otherwise modify its	3215
records to reflect the court's sealing of conviction records.	3216

(F)(1) The board shall investigate evidence that appears to	3217
show that a person has violated any provision of this chapter or	3218
any rule adopted under it. Any person may report to the board in a	3219
signed writing any information that the person may have that	3220
appears to show a violation of any provision of this chapter or	3221
any rule adopted under it. In the absence of bad faith, any person	3222
who reports information of that nature or who testifies before the	3223
board in any adjudication conducted under Chapter 119. of the	3224
Revised Code shall not be liable in damages in a civil action as a	3225
result of the report or testimony. Each complaint or allegation of	3226
a violation received by the board shall be assigned a case number	3227
and shall be recorded by the board.	3228

(2) Investigations of alleged violations of this chapter or	3229
any rule adopted under it shall be supervised by the supervising	3230
member elected by the board in accordance with section 4731.02 of	3231
the Revised Code and by the secretary as provided in section	3232
4731.39 of the Revised Code. The president may designate another	3233
member of the board to supervise the investigation in place of the	3234
supervising member. No member of the board who supervises the	3235
investigation of a case shall participate in further adjudication	3236
of the case.	3237

(3) In investigating a possible violation of this chapter or	3238
any rule adopted under this chapter, the board may administer	3239
oaths, order the taking of depositions, inspect and copy any	3240
books, accounts, papers, records, or documents, issue subpoenas,	3241
and compel the attendance of witnesses and production of books,	3242
accounts, papers, records, documents, and testimony, except that a	3243
subpoena for patient record information shall not be issued	3244
without consultation with the attorney general's office and	3245
approval of the secretary and supervising member of the board.	3246
Before issuance of a subpoena for patient record information, the	3247
secretary and supervising member shall determine whether there is	3248
probable cause to believe that the complaint filed alleges a	3249
violation of this chapter or any rule adopted under it and that	3250
the records sought are relevant to the alleged violation and	3251
material to the investigation. The subpoena may apply only to	3252
records that cover a reasonable period of time surrounding the	3253
alleged violation.	3254

On failure to comply with any subpoena issued by the board	3255
and after reasonable notice to the person being subpoenaed, the	3256
board may move for an order compelling the production of persons	3257
or records pursuant to the Rules of Civil Procedure.	3258

A subpoena issued by the board may be served by a sheriff,	3259
the sheriff's deputy, or a board employee designated by the board.	3260
Service of a subpoena issued by the board may be made by	3261
delivering a copy of the subpoena to the person named therein,	3262
reading it to the person, or leaving it at the person's usual	3263
place of residence. When the person being served is a person whose	3264
practice is authorized by this chapter, service of the subpoena	3265
may be made by certified mail, restricted delivery, return receipt	3266
requested, and the subpoena shall be deemed served on the date	3267
delivery is made or the date the person refuses to accept	3268
delivery.	3269

A sheriff's deputy who serves a subpoena shall receive the	3270
same fees as a sheriff. Each witness who appears before the board	3271
in obedience to a subpoena shall receive the fees and mileage	3272
provided for under section 119.094 of the Revised Code.	3273

(4) All hearings and investigations of the board shall be	3274
considered civil actions for the purposes of section 2305.252 of	3275
the Revised Code.	3276

(5) Information received by the board pursuant to an	3277
investigation is confidential and not subject to discovery in any	3278
civil action.	3279

The board shall conduct all investigations and proceedings in	3280
a manner that protects the confidentiality of patients and persons	3281
who file complaints with the board. The board shall not make	3282
public the names or any other identifying information about	3283
patients or complainants unless proper consent is given or, in the	3284
case of a patient, a waiver of the patient privilege exists under	3285
division (B) of section 2317.02 of the Revised Code, except that	3286
consent or a waiver of that nature is not required if the board	3287
possesses reliable and substantial evidence that no bona fide	3288
physician-patient relationship exists.	3289

The board may share any information it receives pursuant to	3290
an investigation, including patient records and patient record	3291
information, with law enforcement agencies, other licensing	3292
boards, and other governmental agencies that are prosecuting,	3293
adjudicating, or investigating alleged violations of statutes or	3294
administrative rules. An agency or board that receives the	3295
information shall comply with the same requirements regarding	3296
confidentiality as those with which the state medical board must	3297
comply, notwithstanding any conflicting provision of the Revised	3298
Code or procedure of the agency or board that applies when it is	3299
dealing with other information in its possession. In a judicial	3300
proceeding, the information may be admitted into evidence only in	3301
accordance with the Rules of Evidence, but the court shall require	3302
that appropriate measures are taken to ensure that confidentiality	3303
is maintained with respect to any part of the information that	3304
contains names or other identifying information about patients or	3305
complainants whose confidentiality was protected by the state	3306
medical board when the information was in the board's possession.	3307
Measures to ensure confidentiality that may be taken by the court	3308
include sealing its records or deleting specific information from	3309
its records.	3310

(6) On a quarterly basis, the board shall prepare a report	3311
that documents the disposition of all cases during the preceding	3312
three months. The report shall contain the following information	3313
for each case with which the board has completed its activities:	3314

(a) The case number assigned to the complaint or alleged	3315
violation;	3316

(b) The type of certificate to practice, if any, held by the	3317
individual against whom the complaint is directed;	3318

(c) A description of the allegations contained in the	3319
complaint;	3320

(d) The disposition of the case.

3321

The report shall state how many cases are still pending and	3322
shall be prepared in a manner that protects the identity of each	3323
person involved in each case. The report shall be a public record	3324
under section 149.43 of the Revised Code.	3325

(G) If the secretary and supervising member determine both of	3326
the following, they may recommend that the board suspend an	3327
individual's certificate to practice without a prior hearing:	3328

(1) That there is clear and convincing evidence that an	3329
individual has violated division (B) of this section;	3330

(2) That the individual's continued practice presents a	3331
danger of immediate and serious harm to the public.	3332

Written allegations shall be prepared for consideration by	3333
the board. The board, upon review of those allegations and by an	3334
affirmative vote of not fewer than six of its members, excluding	3335
the secretary and supervising member, may suspend a certificate	3336
without a prior hearing. A telephone conference call may be	3337
utilized for reviewing the allegations and taking the vote on the	3338
summary suspension.	3339

The board shall issue a written order of suspension by	3340
certified maila delivery system or in person in accordance with	3341
section 119.07 of the Revised Code. The order shall not be subject	3342
to suspension by the court during pendency of any appeal filed	3343
under section 119.12 of the Revised Code. If the individual	3344
subject to the summary suspension requests an adjudicatory hearing	3345
by the board, the date set for the hearing shall be within fifteen	3346
days, but not earlier than seven days, after the individual	3347
requests the hearing, unless otherwise agreed to by both the board	3348
and the individual.	3349

Any summary suspension imposed under this division shall	3350
remain in effect, unless reversed on appeal, until a final	3351
adjudicative order issued by the board pursuant to this section	3352
and Chapter 119. of the Revised Code becomes effective. The board	3353
shall issue its final adjudicative order within seventy-five days	3354
after completion of its hearing. A failure to issue the order	3355
within seventy-five days shall result in dissolution of the	3356
summary suspension order but shall not invalidate any subsequent,	3357
final adjudicative order.	3358

(H) If the board takes action under division (B)(9), (11), or	3359
(13) of this section and the judicial finding of guilt, guilty	3360
plea, or judicial finding of eligibility for intervention in lieu	3361
of conviction is overturned on appeal, upon exhaustion of the	3362
criminal appeal, a petition for reconsideration of the order may	3363
be filed with the board along with appropriate court documents.	3364
Upon receipt of a petition of that nature and supporting court	3365
documents, the board shall reinstate the individual's certificate	3366
to practice. The board may then hold an adjudication under Chapter	3367
119. of the Revised Code to determine whether the individual	3368
committed the act in question. Notice of an opportunity for a	3369
hearing shall be given in accordance with Chapter 119. of the	3370
Revised Code. If the board finds, pursuant to an adjudication held	3371
under this division, that the individual committed the act or if	3372
no hearing is requested, the board may order any of the sanctions	3373
identified under division (B) of this section.	3374

(I) The certificate to practice issued to an individual under	3375
this chapter and the individual's practice in this state are	3376
automatically suspended as of the date of the individual's second	3377
or subsequent plea of guilty to, or judicial finding of guilt of,	3378
a violation of section 2919.123 of the Revised Code, or the date	3379
the individual pleads guilty to, is found by a judge or jury to be	3380
guilty of, or is subject to a judicial finding of eligibility for	3381
intervention in lieu of conviction in this state or treatment or	3382
intervention in lieu of conviction in another jurisdiction for any	3383
of the following criminal offenses in this state or a	3384
substantially equivalent criminal offense in another jurisdiction:	3385
aggravated murder, murder, voluntary manslaughter, felonious	3386
assault, kidnapping, rape, sexual battery, gross sexual	3387
imposition, aggravated arson, aggravated robbery, or aggravated	3388
burglary. Continued practice after suspension shall be considered	3389
practicing without a certificate.	3390

The board shall notify the individual subject to the	3391
suspension by certified maila delivery system or in person in	3392
accordance with section 119.07 of the Revised Code. If an	3393
individual whose certificate is automatically suspended under this	3394
division fails to make a timely request for an adjudication under	3395
Chapter 119. of the Revised Code, the board shall do whichever of	3396
the following is applicable:	3397

(1) If the automatic suspension under this division is for a	3398
second or subsequent plea of guilty to, or judicial finding of	3399
guilt of, a violation of section 2919.123 of the Revised Code, the	3400
board shall enter an order suspending the individual's certificate	3401
to practice for a period of at least one year or, if determined	3402
appropriate by the board, imposing a more serious sanction	3403
involving the individual's certificate to practice.	3404

(2) In all circumstances in which division (I)(1) of this	3405
section does not apply, enter a final order permanently revoking	3406
the individual's certificate to practice.	3407

(J) If the board is required by Chapter 119. of the Revised	3408
Code to give notice of an opportunity for a hearing and if the	3409
individual subject to the notice does not timely request a hearing	3410
in accordance with section 119.07 of the Revised Code, the board	3411
is not required to hold a hearing, but may adopt, by an	3412
affirmative vote of not fewer than six of its members, a final	3413
order that contains the board's findings. In that final order, the	3414
board may order any of the sanctions identified under division (A)	3415
or (B) of this section.	3416

(K) Any action taken by the board under division (B) of this	3417
section resulting in a suspension from practice shall be	3418
accompanied by a written statement of the conditions under which	3419
the individual's certificate to practice may be reinstated. The	3420
board shall adopt rules governing conditions to be imposed for	3421
reinstatement. Reinstatement of a certificate suspended pursuant	3422
to division (B) of this section requires an affirmative vote of	3423
not fewer than six members of the board.	3424

(L) When the board refuses to grant a certificate to an	3425
applicant, revokes an individual's certificate to practice,	3426
refuses to register an applicant, or refuses to reinstate an	3427
individual's certificate to practice, the board may specify that	3428
its action is permanent. An individual subject to a permanent	3429
action taken by the board is forever thereafter ineligible to hold	3430
a certificate to practice and the board shall not accept an	3431
application for reinstatement of the certificate or for issuance	3432
of a new certificate.	3433

(M) Notwithstanding any other provision of the Revised Code,	3434
all of the following apply:	3435

(1) The surrender of a certificate issued under this chapter	3436
shall not be effective unless or until accepted by the board. A	3437
telephone conference call may be utilized for acceptance of the	3438
surrender of an individual's certificate to practice. The	3439
telephone conference call shall be considered a special meeting	3440
under division (F) of section 121.22 of the Revised Code.	3441
Reinstatement of a certificate surrendered to the board requires	3442
an affirmative vote of not fewer than six members of the board.	3443

(2) An application for a certificate made under the	3444
provisions of this chapter may not be withdrawn without approval	3445
of the board.	3446

(3) Failure by an individual to renew a certificate of	3447
registration in accordance with this chapter shall not remove or	3448
limit the board's jurisdiction to take any disciplinary action	3449
under this section against the individual.	3450

(N) Sanctions shall not be imposed under division (B)(28) of	3451
this section against any person who waives deductibles and	3452
copayments as follows:	3453

(1) In compliance with the health benefit plan that expressly	3454
allows such a practice. Waiver of the deductibles or copayments	3455
shall be made only with the full knowledge and consent of the plan	3456
purchaser, payer, and third-party administrator. Documentation of	3457
the consent shall be made available to the board upon request.	3458

(2) For professional services rendered to any other person	3459
authorized to practice pursuant to this chapter, to the extent	3460
allowed by this chapter and rules adopted by the board.	3461

(O) Under the board's investigative duties described in this	3462
section and subject to division (F) of this section, the board	3463
shall develop and implement a quality intervention program	3464
designed to improve through remedial education the clinical and	3465
communication skills of individuals authorized under this chapter	3466
to practice medicine and surgery, osteopathic medicine and	3467
surgery, and podiatric medicine and surgery. In developing and	3468
implementing the quality intervention program, the board may do	3469
all of the following:	3470

(1) Offer in appropriate cases as determined by the board an	3471
educational and assessment program pursuant to an investigation	3472
the board conducts under this section;	3473

(2) Select providers of educational and assessment services,	3474
including a quality intervention program panel of case reviewers;	3475

(3) Make referrals to educational and assessment service	3476
providers and approve individual educational programs recommended	3477
by those providers. The board shall monitor the progress of each	3478
individual undertaking a recommended individual educational	3479
program.	3480

(4) Determine what constitutes successful completion of an	3481
individual educational program and require further monitoring of	3482
the individual who completed the program or other action that the	3483
board determines to be appropriate;	3484

(5) Adopt rules in accordance with Chapter 119. of the	3485
Revised Code to further implement the quality intervention	3486
program.	3487

An individual who participates in an individual educational	3488
program pursuant to this division shall pay the financial	3489
obligations arising from that educational program.	3490

Sec. 4734.36.  A chiropractor who in this state pleads guilty	3491
to or is convicted of aggravated murder, murder, voluntary	3492
manslaughter, felonious assault, kidnapping, rape, sexual battery,	3493
gross sexual imposition, aggravated arson, aggravated robbery, or	3494
aggravated burglary, or who in another jurisdiction pleads guilty	3495
to or is convicted of any substantially equivalent criminal	3496
offense, is automatically suspended from practice in this state	3497
and the license issued under this chapter to practice chiropractic	3498
is automatically suspended as of the date of the guilty plea or	3499
conviction. If applicable, the chiropractor's certificate issued	3500
under this chapter to practice acupuncture is automatically	3501
suspended at the same time. Continued practice after suspension	3502
under this section shall be considered practicing chiropractic	3503
without a license and, if applicable, acupuncture without a	3504
certificate. On receiving notice or otherwise becoming aware of	3505
the conviction, the state chiropractic board shall notify the	3506
individual of the suspension under this section by certified mail	3507
a delivery system or in person in accordance with section 119.07	3508
of the Revised Code. If an individual whose license and, if	3509
applicable, certificate to practice acupuncture is suspended under	3510
this section fails to make a timely request for an adjudication,	3511
the board shall enter a final order revoking the individual's	3512
license and, if applicable, certificate to practice acupuncture.	3513

Sec. 4734.37.  If the state chiropractic board determines	3514
that there is clear and convincing evidence that a person who has	3515
been granted a license to practice chiropractic and, if	3516
applicable, certificate to practice acupuncture under this chapter	3517
has committed an act that subjects the person's license and, if	3518
applicable, certificate to board action under section 4734.31 of	3519
the Revised Code and that the person's continued practice presents	3520
a danger of immediate and serious harm to the public, the board	3521
may suspend the license and, if applicable, certificate without a	3522
prior hearing. A telephone conference call may be utilized for	3523
reviewing the matter and taking the vote.	3524

The board shall issue a written order of suspension by	3525
certified maila delivery system or in person in accordance with	3526
section 119.07 of the Revised Code. The order is not subject to	3527
suspension by the court during pendency of any appeal filed under	3528
section 119.12 of the Revised Code. If the person subject to the	3529
suspension requests an adjudication by the board, the date set for	3530
the adjudication shall be within twenty days, but not earlier than	3531
seven days, after the request, unless otherwise agreed to by both	3532
the board and the person subject to the suspension.	3533

Any summary suspension imposed under this section shall	3534
remain in effect, unless reversed on appeal, until a final	3535
adjudicative order issued by the board pursuant to section 4734.31	3536
and Chapter 119. of the Revised Code becomes effective. The board	3537
shall issue its final adjudicative order within sixty days after	3538
completion of its adjudication. A failure to issue the order	3539
within sixty days shall result in dissolution of the summary	3540
suspension order but shall not invalidate any subsequent, final	3541
adjudicative order.	3542

Sec. 4757.361. (A) As used in this section, with regard to	3543
offenses committed in Ohio, "aggravated murder," "murder,"	3544
"voluntary manslaughter," "felonious assault," "kidnapping,"	3545
"rape," "sexual battery," "gross sexual imposition," "aggravated	3546
arson," "aggravated robbery," and "aggravated burglary" mean such	3547
offenses as defined in Title XXIX of the Revised Code; with regard	3548
to offenses committed in other jurisdictions, the terms mean	3549
offenses comparable to offenses defined in Title XXIX of the	3550
Revised Code.	3551

(B) When there is clear and convincing evidence that	3552
continued practice by an individual licensed under this chapter	3553
presents a danger of immediate and serious harm to the public, as	3554
determined on consideration of the evidence by the professional	3555
standards committees of the counselor, social worker, and marriage	3556
and family therapist board, the appropriate committee shall impose	3557
on the individual a summary suspension without a hearing.	3558

Immediately following the decision to impose a summary	3559
suspension, the appropriate committee shall issue a written order	3560
of suspension and cause it to be delivered by certified maila	3561
delivery system or in person in accordance with section 119.07 of	3562
the Revised Code. The order shall not be subject to suspension by	3563
the court during the pendency of any appeal filed under section	3564
119.12 of the Revised Code. If the individual subject to the	3565
suspension requests an adjudication, the date set for the	3566
adjudication shall be within fifteen days but not earlier than	3567
seven days after the individual makes the request, unless another	3568
date is agreed to by both the individual and the committee	3569
imposing the suspension. The summary suspension shall remain in	3570
effect, unless reversed by the committee, until a final	3571
adjudication order issued by the committee pursuant to this	3572
section and Chapter 119. of the Revised Code becomes effective.	3573

The committee shall issue its final adjudication order within	3574
ninety days after completion of the adjudication. If the committee	3575
does not issue a final order within the ninety-day period, the	3576
summary suspension shall be void, but any final adjudication order	3577
issued subsequent to the ninety-day period shall not be affected.	3578

(C) The license issued to an individual under this chapter is	3579
automatically suspended on that individual's conviction of, plea	3580
of guilty to, or judicial finding with regard to any of the	3581
following: aggravated murder, murder, voluntary manslaughter,	3582
felonious assault, kidnapping, rape, sexual battery, gross sexual	3583
imposition, aggravated arson, aggravated robbery, or aggravated	3584
burglary. The suspension shall remain in effect from the date of	3585
the conviction, plea, or finding until an adjudication is held	3586
under Chapter 119. of the Revised Code. If the appropriate	3587
committee has knowledge that an automatic suspension has occurred,	3588
it shall notify the individual subject to the suspension. If the	3589
individual is notified and either fails to request an adjudication	3590
within the time periods established by Chapter 119. of the Revised	3591
Code or fails to participate in the adjudication, the committee	3592
shall enter a final order permanently revoking the person's	3593
license or certificate.	3594

Sec. 4760.13.  (A) The state medical board, by an affirmative	3595
vote of not fewer than six members, may revoke or may refuse to	3596
grant a certificate of registration as an anesthesiologist	3597
assistant to a person found by the board to have committed fraud,	3598
misrepresentation, or deception in applying for or securing the	3599
certificate.	3600

(B) The board, by an affirmative vote of not fewer than six	3601
members, shall, to the extent permitted by law, limit, revoke, or	3602
suspend an individual's certificate of registration as an	3603
anesthesiologist assistant, refuse to issue a certificate to an	3604
applicant, refuse to reinstate a certificate, or reprimand or	3605
place on probation the holder of a certificate for any of the	3606
following reasons:	3607

(1) Permitting the holder's name or certificate to be used by	3608
another person;	3609

(2) Failure to comply with the requirements of this chapter,	3610
Chapter 4731. of the Revised Code, or any rules adopted by the	3611
board;	3612

(3) Violating or attempting to violate, directly or	3613
indirectly, or assisting in or abetting the violation of, or	3614
conspiring to violate, any provision of this chapter, Chapter	3615
4731. of the Revised Code, or the rules adopted by the board;	3616

(4) A departure from, or failure to conform to, minimal	3617
standards of care of similar practitioners under the same or	3618
similar circumstances whether or not actual injury to the patient	3619
is established;	3620

(5) Inability to practice according to acceptable and	3621
prevailing standards of care by reason of mental illness or	3622
physical illness, including physical deterioration that adversely	3623
affects cognitive, motor, or perceptive skills;	3624

(6) Impairment of ability to practice according to acceptable	3625
and prevailing standards of care because of habitual or excessive	3626
use or abuse of drugs, alcohol, or other substances that impair	3627
ability to practice;	3628

(7) Willfully betraying a professional confidence;

3629

(8) Making a false, fraudulent, deceptive, or misleading	3630
statement in securing or attempting to secure a certificate of	3631
registration to practice as an anesthesiologist assistant.	3632

As used in this division, "false, fraudulent, deceptive, or	3633
misleading statement" means a statement that includes a	3634
misrepresentation of fact, is likely to mislead or deceive because	3635
of a failure to disclose material facts, is intended or is likely	3636
to create false or unjustified expectations of favorable results,	3637
or includes representations or implications that in reasonable	3638
probability will cause an ordinarily prudent person to	3639
misunderstand or be deceived.	3640

(9) The obtaining of, or attempting to obtain, money or a	3641
thing of value by fraudulent misrepresentations in the course of	3642
practice;	3643

(10) A plea of guilty to, a judicial finding of guilt of, or	3644
a judicial finding of eligibility for intervention in lieu of	3645
conviction for, a felony;	3646

(11) Commission of an act that constitutes a felony in this	3647
state, regardless of the jurisdiction in which the act was	3648
committed;	3649

(12) A plea of guilty to, a judicial finding of guilt of, or	3650
a judicial finding of eligibility for intervention in lieu of	3651
conviction for, a misdemeanor committed in the course of practice;	3652

(13) A plea of guilty to, a judicial finding of guilt of, or	3653
a judicial finding of eligibility for intervention in lieu of	3654
conviction for, a misdemeanor involving moral turpitude;	3655

(14) Commission of an act in the course of practice that	3656
constitutes a misdemeanor in this state, regardless of the	3657
jurisdiction in which the act was committed;	3658

(15) Commission of an act involving moral turpitude that	3659
constitutes a misdemeanor in this state, regardless of the	3660
jurisdiction in which the act was committed;	3661

(16) A plea of guilty to, a judicial finding of guilt of, or	3662
a judicial finding of eligibility for intervention in lieu of	3663
conviction for violating any state or federal law regulating the	3664
possession, distribution, or use of any drug, including	3665
trafficking in drugs;	3666

(17) Any of the following actions taken by the state agency	3667
responsible for regulating the practice of anesthesiologist	3668
assistants in another jurisdiction, for any reason other than the	3669
nonpayment of fees: the limitation, revocation, or suspension of	3670
an individual's license to practice; acceptance of an individual's	3671
license surrender; denial of a license; refusal to renew or	3672
reinstate a license; imposition of probation; or issuance of an	3673
order of censure or other reprimand;	3674

(18) Violation of the conditions placed by the board on a	3675
certificate of registration;	3676

(19) Failure to use universal blood and body fluid	3677
precautions established by rules adopted under section 4731.051 of	3678
the Revised Code;	3679

(20) Failure to cooperate in an investigation conducted by	3680
the board under section 4760.14 of the Revised Code, including	3681
failure to comply with a subpoena or order issued by the board or	3682
failure to answer truthfully a question presented by the board at	3683
a deposition or in written interrogatories, except that failure to	3684
cooperate with an investigation shall not constitute grounds for	3685
discipline under this section if a court of competent jurisdiction	3686
has issued an order that either quashes a subpoena or permits the	3687
individual to withhold the testimony or evidence in issue;	3688

(21) Failure to comply with any code of ethics established by	3689
the national commission for the certification of anesthesiologist	3690
assistants;	3691

(22) Failure to notify the state medical board of the	3692
revocation or failure to maintain certification from the national	3693
commission for certification of anesthesiologist assistants.	3694

(C) Disciplinary actions taken by the board under divisions	3695
(A) and (B) of this section shall be taken pursuant to an	3696
adjudication under Chapter 119. of the Revised Code, except that	3697
in lieu of an adjudication, the board may enter into a consent	3698
agreement with an anesthesiologist assistant or applicant to	3699
resolve an allegation of a violation of this chapter or any rule	3700
adopted under it. A consent agreement, when ratified by an	3701
affirmative vote of not fewer than six members of the board, shall	3702
constitute the findings and order of the board with respect to the	3703
matter addressed in the agreement. If the board refuses to ratify	3704
a consent agreement, the admissions and findings contained in the	3705
consent agreement shall be of no force or effect.	3706

(D) For purposes of divisions (B)(11), (14), and (15) of this	3707
section, the commission of the act may be established by a finding	3708
by the board, pursuant to an adjudication under Chapter 119. of	3709
the Revised Code, that the applicant or certificate holder	3710
committed the act in question. The board shall have no	3711
jurisdiction under these divisions in cases where the trial court	3712
renders a final judgment in the certificate holder's favor and	3713
that judgment is based upon an adjudication on the merits. The	3714
board shall have jurisdiction under these divisions in cases where	3715
the trial court issues an order of dismissal on technical or	3716
procedural grounds.	3717

(E) The sealing of conviction records by any court shall have	3718
no effect on a prior board order entered under the provisions of	3719
this section or on the board's jurisdiction to take action under	3720
the provisions of this section if, based upon a plea of guilty, a	3721
judicial finding of guilt, or a judicial finding of eligibility	3722
for intervention in lieu of conviction, the board issued a notice	3723
of opportunity for a hearing prior to the court's order to seal	3724
the records. The board shall not be required to seal, destroy,	3725
redact, or otherwise modify its records to reflect the court's	3726
sealing of conviction records.	3727

(F) For purposes of this division, any individual who holds a	3728
certificate of registration issued under this chapter, or applies	3729
for a certificate of registration, shall be deemed to have given	3730
consent to submit to a mental or physical examination when	3731
directed to do so in writing by the board and to have waived all	3732
objections to the admissibility of testimony or examination	3733
reports that constitute a privileged communication.	3734

(1) In enforcing division (B)(5) of this section, the board,	3735
on a showing of a possible violation, may compel any individual	3736
who holds a certificate of registration issued under this chapter	3737
or who has applied for a certificate of registration pursuant to	3738
this chapter to submit to a mental or physical examination, or	3739
both. A physical examination may include an HIV test. The expense	3740
of the examination is the responsibility of the individual	3741
compelled to be examined. Failure to submit to a mental or	3742
physical examination or consent to an HIV test ordered by the	3743
board constitutes an admission of the allegations against the	3744
individual unless the failure is due to circumstances beyond the	3745
individual's control, and a default and final order may be entered	3746
without the taking of testimony or presentation of evidence. If	3747
the board finds an anesthesiologist assistant unable to practice	3748
because of the reasons set forth in division (B)(5) of this	3749
section, the board shall require the anesthesiologist assistant to	3750
submit to care, counseling, or treatment by physicians approved or	3751
designated by the board, as a condition for an initial, continued,	3752
reinstated, or renewed certificate of registration. An individual	3753
affected by this division shall be afforded an opportunity to	3754
demonstrate to the board the ability to resume practicing in	3755
compliance with acceptable and prevailing standards of care.	3756

(2) For purposes of division (B)(6) of this section, if the	3757
board has reason to believe that any individual who holds a	3758
certificate of registration issued under this chapter or any	3759
applicant for a certificate of registration suffers such	3760
impairment, the board may compel the individual to submit to a	3761
mental or physical examination, or both. The expense of the	3762
examination is the responsibility of the individual compelled to	3763
be examined. Any mental or physical examination required under	3764
this division shall be undertaken by a treatment provider or	3765
physician qualified to conduct such examination and chosen by the	3766
board.	3767

Failure to submit to a mental or physical examination ordered	3768
by the board constitutes an admission of the allegations against	3769
the individual unless the failure is due to circumstances beyond	3770
the individual's control, and a default and final order may be	3771
entered without the taking of testimony or presentation of	3772
evidence. If the board determines that the individual's ability to	3773
practice is impaired, the board shall suspend the individual's	3774
certificate or deny the individual's application and shall require	3775
the individual, as a condition for an initial, continued,	3776
reinstated, or renewed certificate of registration, to submit to	3777
treatment.	3778

Before being eligible to apply for reinstatement of a	3779
certificate suspended under this division, the anesthesiologist	3780
assistant shall demonstrate to the board the ability to resume	3781
practice in compliance with acceptable and prevailing standards of	3782
care. The demonstration shall include the following:	3783

(a) Certification from a treatment provider approved under	3784
section 4731.25 of the Revised Code that the individual has	3785
successfully completed any required inpatient treatment;	3786

(b) Evidence of continuing full compliance with an aftercare	3787
contract or consent agreement;	3788

(c) Two written reports indicating that the individual's	3789
ability to practice has been assessed and that the individual has	3790
been found capable of practicing according to acceptable and	3791
prevailing standards of care. The reports shall be made by	3792
individuals or providers approved by the board for making such	3793
assessments and shall describe the basis for their determination.	3794

The board may reinstate a certificate suspended under this	3795
division after such demonstration and after the individual has	3796
entered into a written consent agreement.	3797

When the impaired anesthesiologist assistant resumes	3798
practice, the board shall require continued monitoring of the	3799
anesthesiologist assistant. The monitoring shall include	3800
monitoring of compliance with the written consent agreement	3801
entered into before reinstatement or with conditions imposed by	3802
board order after a hearing, and, on termination of the consent	3803
agreement, submission to the board for at least two years of	3804
annual written progress reports made under penalty of	3805
falsification stating whether the anesthesiologist assistant has	3806
maintained sobriety.	3807

(G) If the secretary and supervising member determine that	3808
there is clear and convincing evidence that an anesthesiologist	3809
assistant has violated division (B) of this section and that the	3810
individual's continued practice presents a danger of immediate and	3811
serious harm to the public, they may recommend that the board	3812
suspend the individual's certificate or registration without a	3813
prior hearing. Written allegations shall be prepared for	3814
consideration by the board.	3815

The board, on review of the allegations and by an affirmative	3816
vote of not fewer than six of its members, excluding the secretary	3817
and supervising member, may suspend a certificate without a prior	3818
hearing. A telephone conference call may be utilized for reviewing	3819
the allegations and taking the vote on the summary suspension.	3820

The board shall issue a written order of suspension by	3821
certified maila delivery system or in person in accordance with	3822
section 119.07 of the Revised Code. The order shall not be subject	3823
to suspension by the court during pendency of any appeal filed	3824
under section 119.12 of the Revised Code. If the anesthesiologist	3825
assistant requests an adjudicatory hearing by the board, the date	3826
set for the hearing shall be within fifteen days, but not earlier	3827
than seven days, after the anesthesiologist assistant requests the	3828
hearing, unless otherwise agreed to by both the board and the	3829
certificate holder.	3830

A summary suspension imposed under this division shall remain	3831
in effect, unless reversed on appeal, until a final adjudicative	3832
order issued by the board pursuant to this section and Chapter	3833
119. of the Revised Code becomes effective. The board shall issue	3834
its final adjudicative order within sixty days after completion of	3835
its hearing. Failure to issue the order within sixty days shall	3836
result in dissolution of the summary suspension order, but shall	3837
not invalidate any subsequent, final adjudicative order.	3838

(H) If the board takes action under division (B)(11), (13),	3839
or (14) of this section, and the judicial finding of guilt, guilty	3840
plea, or judicial finding of eligibility for intervention in lieu	3841
of conviction is overturned on appeal, on exhaustion of the	3842
criminal appeal, a petition for reconsideration of the order may	3843
be filed with the board along with appropriate court documents. On	3844
receipt of a petition and supporting court documents, the board	3845
shall reinstate the certificate of registration. The board may	3846
then hold an adjudication under Chapter 119. of the Revised Code	3847
to determine whether the individual committed the act in question.	3848
Notice of opportunity for hearing shall be given in accordance	3849
with Chapter 119. of the Revised Code. If the board finds,	3850
pursuant to an adjudication held under this division, that the	3851
individual committed the act, or if no hearing is requested, it	3852
may order any of the sanctions specified in division (B) of this	3853
section.	3854

(I) The certificate of registration of an anesthesiologist	3855
assistant and the assistant's practice in this state are	3856
automatically suspended as of the date the anesthesiologist	3857
assistant pleads guilty to, is found by a judge or jury to be	3858
guilty of, or is subject to a judicial finding of eligibility for	3859
intervention in lieu of conviction in this state or treatment of	3860
intervention in lieu of conviction in another jurisdiction for any	3861
of the following criminal offenses in this state or a	3862
substantially equivalent criminal offense in another jurisdiction:	3863
aggravated murder, murder, voluntary manslaughter, felonious	3864
assault, kidnapping, rape, sexual battery, gross sexual	3865
imposition, aggravated arson, aggravated robbery, or aggravated	3866
burglary. Continued practice after the suspension shall be	3867
considered practicing without a certificate.	3868

The board shall notify the individual subject to the	3869
suspension by certified maila delivery system or in person in	3870
accordance with section 119.07 of the Revised Code. If an	3871
individual whose certificate is suspended under this division	3872
fails to make a timely request for an adjudication under Chapter	3873
119. of the Revised Code, the board shall enter a final order	3874
permanently revoking the individual's certificate of registration.	3875

(J) In any instance in which the board is required by Chapter	3876
119. of the Revised Code to give notice of opportunity for hearing	3877
and the individual subject to the notice does not timely request a	3878
hearing in accordance with section 119.07 of the Revised Code, the	3879
board is not required to hold a hearing, but may adopt, by an	3880
affirmative vote of not fewer than six of its members, a final	3881
order that contains the board's findings. In the final order, the	3882
board may order any of the sanctions identified under division (A)	3883
or (B) of this section.	3884

(K) Any action taken by the board under division (B) of this	3885
section resulting in a suspension shall be accompanied by a	3886
written statement of the conditions under which the	3887
anesthesiologist assistant's certificate may be reinstated. The	3888
board shall adopt rules in accordance with Chapter 119. of the	3889
Revised Code governing conditions to be imposed for reinstatement.	3890
Reinstatement of a certificate suspended pursuant to division (B)	3891
of this section requires an affirmative vote of not fewer than six	3892
members of the board.	3893

(L) When the board refuses to grant a certificate of	3894
registration as an anesthesiologist assistant to an applicant,	3895
revokes an individual's certificate of registration, refuses to	3896
renew a certificate of registration, or refuses to reinstate an	3897
individual's certificate of registration, the board may specify	3898
that its action is permanent. An individual subject to a permanent	3899
action taken by the board is forever thereafter ineligible to hold	3900
a certificate of registration as an anesthesiologist assistant and	3901
the board shall not accept an application for reinstatement of the	3902
certificate or for issuance of a new certificate.	3903

(M) Notwithstanding any other provision of the Revised Code,	3904
all of the following apply:	3905

(1) The surrender of a certificate of registration issued	3906
under this chapter is not effective unless or until accepted by	3907
the board. Reinstatement of a certificate surrendered to the board	3908
requires an affirmative vote of not fewer than six members of the	3909
board.	3910

(2) An application made under this chapter for a certificate	3911
of registration may not be withdrawn without approval of the	3912
board.	3913

(3) Failure by an individual to renew a certificate of	3914
registration in accordance with section 4760.06 of the Revised	3915
Code shall not remove or limit the board's jurisdiction to take	3916
disciplinary action under this section against the individual.	3917

Sec. 4762.13.  (A) The state medical board, by an affirmative	3918
vote of not fewer than six members, may revoke or may refuse to	3919
grant a certificate to practice as an acupuncturist to a person	3920
found by the board to have committed fraud, misrepresentation, or	3921
deception in applying for or securing the certificate.	3922

(B) The board, by an affirmative vote of not fewer than six	3923
members, shall, to the extent permitted by law, limit, revoke, or	3924
suspend an individual's certificate to practice as an	3925
acupuncturist, refuse to issue a certificate to an applicant,	3926
refuse to reinstate a certificate, or reprimand or place on	3927
probation the holder of a certificate for any of the following	3928
reasons:	3929

(1) Permitting the holder's name or certificate to be used by	3930
another person;	3931

(2) Failure to comply with the requirements of this chapter,	3932
Chapter 4731. of the Revised Code, or any rules adopted by the	3933
board;	3934

(3) Violating or attempting to violate, directly or	3935
indirectly, or assisting in or abetting the violation of, or	3936
conspiring to violate, any provision of this chapter, Chapter	3937
4731. of the Revised Code, or the rules adopted by the board;	3938

(4) A departure from, or failure to conform to, minimal	3939
standards of care of similar practitioners under the same or	3940
similar circumstances whether or not actual injury to the patient	3941
is established;	3942

(5) Inability to practice according to acceptable and	3943
prevailing standards of care by reason of mental illness or	3944
physical illness, including physical deterioration that adversely	3945
affects cognitive, motor, or perceptive skills;	3946

(6) Impairment of ability to practice according to acceptable	3947
and prevailing standards of care because of habitual or excessive	3948
use or abuse of drugs, alcohol, or other substances that impair	3949
ability to practice;	3950

(7) Willfully betraying a professional confidence;

3951

(8) Making a false, fraudulent, deceptive, or misleading	3952
statement in soliciting or advertising for patients or in securing	3953
or attempting to secure a certificate to practice as an	3954
acupuncturist.	3955

As used in this division, "false, fraudulent, deceptive, or	3956
misleading statement" means a statement that includes a	3957
misrepresentation of fact, is likely to mislead or deceive because	3958
of a failure to disclose material facts, is intended or is likely	3959
to create false or unjustified expectations of favorable results,	3960
or includes representations or implications that in reasonable	3961
probability will cause an ordinarily prudent person to	3962
misunderstand or be deceived.	3963

(9) Representing, with the purpose of obtaining compensation	3964
or other advantage personally or for any other person, that an	3965
incurable disease or injury, or other incurable condition, can be	3966
permanently cured;	3967

(10) The obtaining of, or attempting to obtain, money or a	3968
thing of value by fraudulent misrepresentations in the course of	3969
practice;	3970

(11) A plea of guilty to, a judicial finding of guilt of, or	3971
a judicial finding of eligibility for intervention in lieu of	3972
conviction for, a felony;	3973

(12) Commission of an act that constitutes a felony in this	3974
state, regardless of the jurisdiction in which the act was	3975
committed;	3976

(13) A plea of guilty to, a judicial finding of guilt of, or	3977
a judicial finding of eligibility for intervention in lieu of	3978
conviction for, a misdemeanor committed in the course of practice;	3979

(14) A plea of guilty to, a judicial finding of guilt of, or	3980
a judicial finding of eligibility for intervention in lieu of	3981
conviction for, a misdemeanor involving moral turpitude;	3982

(15) Commission of an act in the course of practice that	3983
constitutes a misdemeanor in this state, regardless of the	3984
jurisdiction in which the act was committed;	3985

(16) Commission of an act involving moral turpitude that	3986
constitutes a misdemeanor in this state, regardless of the	3987
jurisdiction in which the act was committed;	3988

(17) A plea of guilty to, a judicial finding of guilt of, or	3989
a judicial finding of eligibility for intervention in lieu of	3990
conviction for violating any state or federal law regulating the	3991
possession, distribution, or use of any drug, including	3992
trafficking in drugs;	3993

(18) Any of the following actions taken by the state agency	3994
responsible for regulating the practice of acupuncture in another	3995
jurisdiction, for any reason other than the nonpayment of fees:	3996
the limitation, revocation, or suspension of an individual's	3997
license to practice; acceptance of an individual's license	3998
surrender; denial of a license; refusal to renew or reinstate a	3999
license; imposition of probation; or issuance of an order of	4000
censure or other reprimand;	4001

(19) Violation of the conditions placed by the board on a	4002
certificate to practice as an acupuncturist;	4003

(20) Failure to use universal blood and body fluid	4004
precautions established by rules adopted under section 4731.051 of	4005
the Revised Code;	4006

(21) Failure to cooperate in an investigation conducted by	4007
the board under section 4762.14 of the Revised Code, including	4008
failure to comply with a subpoena or order issued by the board or	4009
failure to answer truthfully a question presented by the board at	4010
a deposition or in written interrogatories, except that failure to	4011
cooperate with an investigation shall not constitute grounds for	4012
discipline under this section if a court of competent jurisdiction	4013
has issued an order that either quashes a subpoena or permits the	4014
individual to withhold the testimony or evidence in issue;	4015

(22) Failure to comply with the standards of the national	4016
certification commission for acupuncture and oriental medicine	4017
regarding professional ethics, commitment to patients, commitment	4018
to the profession, and commitment to the public;	4019

(23) Failure to have adequate professional liability	4020
insurance coverage in accordance with section 4762.22 of the	4021
Revised Code.	4022

(C) Disciplinary actions taken by the board under divisions	4023
(A) and (B) of this section shall be taken pursuant to an	4024
adjudication under Chapter 119. of the Revised Code, except that	4025
in lieu of an adjudication, the board may enter into a consent	4026
agreement with an acupuncturist or applicant to resolve an	4027
allegation of a violation of this chapter or any rule adopted	4028
under it. A consent agreement, when ratified by an affirmative	4029
vote of not fewer than six members of the board, shall constitute	4030
the findings and order of the board with respect to the matter	4031
addressed in the agreement. If the board refuses to ratify a	4032
consent agreement, the admissions and findings contained in the	4033
consent agreement shall be of no force or effect.	4034

(D) For purposes of divisions (B)(12), (15), and (16) of this	4035
section, the commission of the act may be established by a finding	4036
by the board, pursuant to an adjudication under Chapter 119. of	4037
the Revised Code, that the applicant or certificate holder	4038
committed the act in question. The board shall have no	4039
jurisdiction under these divisions in cases where the trial court	4040
renders a final judgment in the certificate holder's favor and	4041
that judgment is based upon an adjudication on the merits. The	4042
board shall have jurisdiction under these divisions in cases where	4043
the trial court issues an order of dismissal upon technical or	4044
procedural grounds.	4045

(E) The sealing of conviction records by any court shall have	4046
no effect upon a prior board order entered under the provisions of	4047
this section or upon the board's jurisdiction to take action under	4048
the provisions of this section if, based upon a plea of guilty, a	4049
judicial finding of guilt, or a judicial finding of eligibility	4050
for intervention in lieu of conviction, the board issued a notice	4051
of opportunity for a hearing prior to the court's order to seal	4052
the records. The board shall not be required to seal, destroy,	4053
redact, or otherwise modify its records to reflect the court's	4054
sealing of conviction records.	4055

(F) For purposes of this division, any individual who holds a	4056
certificate to practice issued under this chapter, or applies for	4057
a certificate to practice, shall be deemed to have given consent	4058
to submit to a mental or physical examination when directed to do	4059
so in writing by the board and to have waived all objections to	4060
the admissibility of testimony or examination reports that	4061
constitute a privileged communication.	4062

(1) In enforcing division (B)(5) of this section, the board,	4063
upon a showing of a possible violation, may compel any individual	4064
who holds a certificate to practice issued under this chapter or	4065
who has applied for a certificate pursuant to this chapter to	4066
submit to a mental examination, physical examination, including an	4067
HIV test, or both a mental and physical examination. The expense	4068
of the examination is the responsibility of the individual	4069
compelled to be examined. Failure to submit to a mental or	4070
physical examination or consent to an HIV test ordered by the	4071
board constitutes an admission of the allegations against the	4072
individual unless the failure is due to circumstances beyond the	4073
individual's control, and a default and final order may be entered	4074
without the taking of testimony or presentation of evidence. If	4075
the board finds an acupuncturist unable to practice because of the	4076
reasons set forth in division (B)(5) of this section, the board	4077
shall require the acupuncturist to submit to care, counseling, or	4078
treatment by physicians approved or designated by the board, as a	4079
condition for an initial, continued, reinstated, or renewed	4080
certificate to practice. An individual affected by this division	4081
shall be afforded an opportunity to demonstrate to the board the	4082
ability to resume practicing in compliance with acceptable and	4083
prevailing standards of care.	4084

(2) For purposes of division (B)(6) of this section, if the	4085
board has reason to believe that any individual who holds a	4086
certificate to practice issued under this chapter or any applicant	4087
for a certificate suffers such impairment, the board may compel	4088
the individual to submit to a mental or physical examination, or	4089
both. The expense of the examination is the responsibility of the	4090
individual compelled to be examined. Any mental or physical	4091
examination required under this division shall be undertaken by a	4092
treatment provider or physician qualified to conduct such	4093
examination and chosen by the board.	4094

Failure to submit to a mental or physical examination ordered	4095
by the board constitutes an admission of the allegations against	4096
the individual unless the failure is due to circumstances beyond	4097
the individual's control, and a default and final order may be	4098
entered without the taking of testimony or presentation of	4099
evidence. If the board determines that the individual's ability to	4100
practice is impaired, the board shall suspend the individual's	4101
certificate or deny the individual's application and shall require	4102
the individual, as a condition for an initial, continued,	4103
reinstated, or renewed certificate, to submit to treatment.	4104

Before being eligible to apply for reinstatement of a	4105
certificate suspended under this division, the acupuncturist shall	4106
demonstrate to the board the ability to resume practice in	4107
compliance with acceptable and prevailing standards of care. The	4108
demonstration shall include the following:	4109

(a) Certification from a treatment provider approved under	4110
section 4731.25 of the Revised Code that the individual has	4111
successfully completed any required inpatient treatment;	4112

(b) Evidence of continuing full compliance with an aftercare	4113
contract or consent agreement;	4114

(c) Two written reports indicating that the individual's	4115
ability to practice has been assessed and that the individual has	4116
been found capable of practicing according to acceptable and	4117
prevailing standards of care. The reports shall be made by	4118
individuals or providers approved by the board for making such	4119
assessments and shall describe the basis for their determination.	4120

The board may reinstate a certificate suspended under this	4121
division after such demonstration and after the individual has	4122
entered into a written consent agreement.	4123

When the impaired acupuncturist resumes practice, the board	4124
shall require continued monitoring of the acupuncturist. The	4125
monitoring shall include monitoring of compliance with the written	4126
consent agreement entered into before reinstatement or with	4127
conditions imposed by board order after a hearing, and, upon	4128
termination of the consent agreement, submission to the board for	4129
at least two years of annual written progress reports made under	4130
penalty of falsification stating whether the acupuncturist has	4131
maintained sobriety.	4132

(G) If the secretary and supervising member determine that	4133
there is clear and convincing evidence that an acupuncturist has	4134
violated division (B) of this section and that the individual's	4135
continued practice presents a danger of immediate and serious harm	4136
to the public, they may recommend that the board suspend the	4137
individual's certificate to practice without a prior hearing.	4138
Written allegations shall be prepared for consideration by the	4139
board.	4140

The board, upon review of the allegations and by an	4141
affirmative vote of not fewer than six of its members, excluding	4142
the secretary and supervising member, may suspend a certificate	4143
without a prior hearing. A telephone conference call may be	4144
utilized for reviewing the allegations and taking the vote on the	4145
summary suspension.	4146

The board shall issue a written order of suspension by	4147
certified maila delivery system or in person in accordance with	4148
section 119.07 of the Revised Code. The order shall not be subject	4149
to suspension by the court during pendency of any appeal filed	4150
under section 119.12 of the Revised Code. If the acupuncturist	4151
requests an adjudicatory hearing by the board, the date set for	4152
the hearing shall be within fifteen days, but not earlier than	4153
seven days, after the acupuncturist requests the hearing, unless	4154
otherwise agreed to by both the board and the certificate holder.	4155

A summary suspension imposed under this division shall remain	4156
in effect, unless reversed on appeal, until a final adjudicative	4157
order issued by the board pursuant to this section and Chapter	4158
119. of the Revised Code becomes effective. The board shall issue	4159
its final adjudicative order within sixty days after completion of	4160
its hearing. Failure to issue the order within sixty days shall	4161
result in dissolution of the summary suspension order, but shall	4162
not invalidate any subsequent, final adjudicative order.	4163

(H) If the board takes action under division (B)(11), (13),	4164
or (14) of this section, and the judicial finding of guilt, guilty	4165
plea, or judicial finding of eligibility for intervention in lieu	4166
of conviction is overturned on appeal, upon exhaustion of the	4167
criminal appeal, a petition for reconsideration of the order may	4168
be filed with the board along with appropriate court documents.	4169
Upon receipt of a petition and supporting court documents, the	4170
board shall reinstate the certificate to practice. The board may	4171
then hold an adjudication under Chapter 119. of the Revised Code	4172
to determine whether the individual committed the act in question.	4173
Notice of opportunity for hearing shall be given in accordance	4174
with Chapter 119. of the Revised Code. If the board finds,	4175
pursuant to an adjudication held under this division, that the	4176
individual committed the act, or if no hearing is requested, it	4177
may order any of the sanctions specified in division (B) of this	4178
section.	4179

(I) The certificate to practice of an acupuncturist and the	4180
acupuncturist's practice in this state are automatically suspended	4181
as of the date the acupuncturist pleads guilty to, is found by a	4182
judge or jury to be guilty of, or is subject to a judicial finding	4183
of eligibility for intervention in lieu of conviction in this	4184
state or treatment or intervention in lieu of conviction in	4185
another jurisdiction for any of the following criminal offenses in	4186
this state or a substantially equivalent criminal offense in	4187
another jurisdiction: aggravated murder, murder, voluntary	4188
manslaughter, felonious assault, kidnapping, rape, sexual battery,	4189
gross sexual imposition, aggravated arson, aggravated robbery, or	4190
aggravated burglary. Continued practice after the suspension shall	4191
be considered practicing without a certificate.	4192

The board shall notify the individual subject to the	4193
suspension by certified maila delivery system or in person in	4194
accordance with section 119.07 of the Revised Code. If an	4195
individual whose certificate is suspended under this division	4196
fails to make a timely request for an adjudication under Chapter	4197
119. of the Revised Code, the board shall enter a final order	4198
permanently revoking the individual's certificate to practice.	4199

(J) In any instance in which the board is required by Chapter	4200
119. of the Revised Code to give notice of opportunity for hearing	4201
and the individual subject to the notice does not timely request a	4202
hearing in accordance with section 119.07 of the Revised Code, the	4203
board is not required to hold a hearing, but may adopt, by an	4204
affirmative vote of not fewer than six of its members, a final	4205
order that contains the board's findings. In the final order, the	4206
board may order any of the sanctions identified under division (A)	4207
or (B) of this section.	4208

(K) Any action taken by the board under division (B) of this	4209
section resulting in a suspension shall be accompanied by a	4210
written statement of the conditions under which the	4211
acupuncturist's certificate to practice may be reinstated. The	4212
board shall adopt rules in accordance with Chapter 119. of the	4213
Revised Code governing conditions to be imposed for reinstatement.	4214
Reinstatement of a certificate suspended pursuant to division (B)	4215
of this section requires an affirmative vote of not fewer than six	4216
members of the board.	4217

(L) When the board refuses to grant a certificate to practice	4218
as an acupuncturist to an applicant, revokes an individual's	4219
certificate, refuses to renew a certificate, or refuses to	4220
reinstate an individual's certificate, the board may specify that	4221
its action is permanent. An individual subject to a permanent	4222
action taken by the board is forever thereafter ineligible to hold	4223
a certificate to practice as an acupuncturist and the board shall	4224
not accept an application for reinstatement of the certificate or	4225
for issuance of a new certificate.	4226

(M) Notwithstanding any other provision of the Revised Code,	4227
all of the following apply:	4228

(1) The surrender of a certificate to practice as an	4229
acupuncturist issued under this chapter is not effective unless or	4230
until accepted by the board. Reinstatement of a certificate	4231
surrendered to the board requires an affirmative vote of not fewer	4232
than six members of the board.	4233

(2) An application made under this chapter for a certificate	4234
may not be withdrawn without approval of the board.	4235

(3) Failure by an individual to renew a certificate in	4236
accordance with section 4762.06 of the Revised Code shall not	4237
remove or limit the board's jurisdiction to take disciplinary	4238
action under this section against the individual.	4239

Sec. 4774.13. (A) The state medical board, by an affirmative	4240
vote of not fewer than six members, may revoke or may refuse to	4241
grant a certificate to practice as a radiologist assistant to an	4242
individual found by the board to have committed fraud,	4243
misrepresentation, or deception in applying for or securing the	4244
certificate.	4245

(B) The board, by an affirmative vote of not fewer than six	4246
members, shall, to the extent permitted by law, limit, revoke, or	4247
suspend an individual's certificate to practice as a radiologist	4248
assistant, refuse to issue a certificate to an applicant, refuse	4249
to reinstate a certificate, or reprimand or place on probation the	4250
holder of a certificate for any of the following reasons:	4251

(1) Permitting the holder's name or certificate to be used by	4252
another person;	4253

(2) Failure to comply with the requirements of this chapter,	4254
Chapter 4731. of the Revised Code, or any rules adopted by the	4255
board;	4256

(3) Violating or attempting to violate, directly or	4257
indirectly, or assisting in or abetting the violation of, or	4258
conspiring to violate, any provision of this chapter, Chapter	4259
4731. of the Revised Code, or the rules adopted by the board;	4260

(4) A departure from, or failure to conform to, minimal	4261
standards of care of similar practitioners under the same or	4262
similar circumstances whether or not actual injury to the patient	4263
is established;	4264

(5) Inability to practice according to acceptable and	4265
prevailing standards of care by reason of mental illness or	4266
physical illness, including physical deterioration that adversely	4267
affects cognitive, motor, or perceptive skills;	4268

(6) Impairment of ability to practice according to acceptable	4269
and prevailing standards of care because of habitual or excessive	4270
use or abuse of drugs, alcohol, or other substances that impair	4271
ability to practice;	4272

(7) Willfully betraying a professional confidence;

4273

(8) Making a false, fraudulent, deceptive, or misleading	4274
statement in securing or attempting to secure a certificate to	4275
practice as a radiologist assistant.	4276

As used in this division, "false, fraudulent, deceptive, or	4277
misleading statement" means a statement that includes a	4278
misrepresentation of fact, is likely to mislead or deceive because	4279
of a failure to disclose material facts, is intended or is likely	4280
to create false or unjustified expectations of favorable results,	4281
or includes representations or implications that in reasonable	4282
probability will cause an ordinarily prudent person to	4283
misunderstand or be deceived.	4284

(9) The obtaining of, or attempting to obtain, money or a	4285
thing of value by fraudulent misrepresentations in the course of	4286
practice;	4287

(10) A plea of guilty to, a judicial finding of guilt of, or	4288
a judicial finding of eligibility for intervention in lieu of	4289
conviction for, a felony;	4290

(11) Commission of an act that constitutes a felony in this	4291
state, regardless of the jurisdiction in which the act was	4292
committed;	4293

(12) A plea of guilty to, a judicial finding of guilt of, or	4294
a judicial finding of eligibility for intervention in lieu of	4295
conviction for, a misdemeanor committed in the course of practice;	4296

(13) A plea of guilty to, a judicial finding of guilt of, or	4297
a judicial finding of eligibility for intervention in lieu of	4298
conviction for, a misdemeanor involving moral turpitude;	4299

(14) Commission of an act in the course of practice that	4300
constitutes a misdemeanor in this state, regardless of the	4301
jurisdiction in which the act was committed;	4302

(15) Commission of an act involving moral turpitude that	4303
constitutes a misdemeanor in this state, regardless of the	4304
jurisdiction in which the act was committed;	4305

(16) A plea of guilty to, a judicial finding of guilt of, or	4306
a judicial finding of eligibility for intervention in lieu of	4307
conviction for violating any state or federal law regulating the	4308
possession, distribution, or use of any drug, including	4309
trafficking in drugs;	4310

(17) Any of the following actions taken by the state agency	4311
responsible for regulating the practice of radiologist assistants	4312
in another jurisdiction, for any reason other than the nonpayment	4313
of fees: the limitation, revocation, or suspension of an	4314
individual's license to practice; acceptance of an individual's	4315
license surrender; denial of a license; refusal to renew or	4316
reinstate a license; imposition of probation; or issuance of an	4317
order of censure or other reprimand;	4318

(18) Violation of the conditions placed by the board on a	4319
certificate to practice as a radiologist assistant;	4320

(19) Failure to use universal blood and body fluid	4321
precautions established by rules adopted under section 4731.051 of	4322
the Revised Code;	4323

(20) Failure to cooperate in an investigation conducted by	4324
the board under section 4774.14 of the Revised Code, including	4325
failure to comply with a subpoena or order issued by the board or	4326
failure to answer truthfully a question presented by the board at	4327
a deposition or in written interrogatories, except that failure to	4328
cooperate with an investigation shall not constitute grounds for	4329
discipline under this section if a court of competent jurisdiction	4330
has issued an order that either quashes a subpoena or permits the	4331
individual to withhold the testimony or evidence in issue;	4332

(21) Failure to maintain a license as a radiographer under	4333
Chapter 4773. of the Revised Code;	4334

(22) Failure to maintain certification as a registered	4335
radiologist assistant from the American registry of radiologic	4336
technologists, including revocation by the registry of the	4337
assistant's certification or failure by the assistant to meet the	4338
registry's requirements for annual registration, or failure to	4339
notify the board that the certification as a registered	4340
radiologist assistant has not been maintained;	4341

(23) Failure to comply with any of the rules of ethics	4342
included in the standards of ethics established by the American	4343
registry of radiologic technologists, as those rules apply to an	4344
individual who holds the registry's certification as a registered	4345
radiologist assistant.	4346

(C) Disciplinary actions taken by the board under divisions	4347
(A) and (B) of this section shall be taken pursuant to an	4348
adjudication under Chapter 119. of the Revised Code, except that	4349
in lieu of an adjudication, the board may enter into a consent	4350
agreement with a radiologist assistant or applicant to resolve an	4351
allegation of a violation of this chapter or any rule adopted	4352
under it. A consent agreement, when ratified by an affirmative	4353
vote of not fewer than six members of the board, shall constitute	4354
the findings and order of the board with respect to the matter	4355
addressed in the agreement. If the board refuses to ratify a	4356
consent agreement, the admissions and findings contained in the	4357
consent agreement shall be of no force or effect.	4358

(D) For purposes of divisions (B)(11), (14), and (15) of this	4359
section, the commission of the act may be established by a finding	4360
by the board, pursuant to an adjudication under Chapter 119. of	4361
the Revised Code, that the applicant or certificate holder	4362
committed the act in question. The board shall have no	4363
jurisdiction under these divisions in cases where the trial court	4364
renders a final judgment in the certificate holder's favor and	4365
that judgment is based upon an adjudication on the merits. The	4366
board shall have jurisdiction under these divisions in cases where	4367
the trial court issues an order of dismissal on technical or	4368
procedural grounds.	4369

(E) The sealing of conviction records by any court shall have	4370
no effect on a prior board order entered under the provisions of	4371
this section or on the board's jurisdiction to take action under	4372
the provisions of this section if, based upon a plea of guilty, a	4373
judicial finding of guilt, or a judicial finding of eligibility	4374
for intervention in lieu of conviction, the board issued a notice	4375
of opportunity for a hearing prior to the court's order to seal	4376
the records. The board shall not be required to seal, destroy,	4377
redact, or otherwise modify its records to reflect the court's	4378
sealing of conviction records.	4379

(F) For purposes of this division, any individual who holds a	4380
certificate to practice as a radiologist assistant issued under	4381
this chapter, or applies for a certificate to practice, shall be	4382
deemed to have given consent to submit to a mental or physical	4383
examination when directed to do so in writing by the board and to	4384
have waived all objections to the admissibility of testimony or	4385
examination reports that constitute a privileged communication.	4386

(1) In enforcing division (B)(5) of this section, the board,	4387
on a showing of a possible violation, may compel any individual	4388
who holds a certificate to practice as a radiologist assistant	4389
issued under this chapter or who has applied for a certificate to	4390
practice to submit to a mental or physical examination, or both. A	4391
physical examination may include an HIV test. The expense of the	4392
examination is the responsibility of the individual compelled to	4393
be examined. Failure to submit to a mental or physical examination	4394
or consent to an HIV test ordered by the board constitutes an	4395
admission of the allegations against the individual unless the	4396
failure is due to circumstances beyond the individual's control,	4397
and a default and final order may be entered without the taking of	4398
testimony or presentation of evidence. If the board finds a	4399
radiologist assistant unable to practice because of the reasons	4400
set forth in division (B)(5) of this section, the board shall	4401
require the radiologist assistant to submit to care, counseling,	4402
or treatment by physicians approved or designated by the board, as	4403
a condition for an initial, continued, reinstated, or renewed	4404
certificate to practice. An individual affected by this division	4405
shall be afforded an opportunity to demonstrate to the board the	4406
ability to resume practicing in compliance with acceptable and	4407
prevailing standards of care.	4408

(2) For purposes of division (B)(6) of this section, if the	4409
board has reason to believe that any individual who holds a	4410
certificate to practice as a radiologist assistant issued under	4411
this chapter or any applicant for a certificate to practice	4412
suffers such impairment, the board may compel the individual to	4413
submit to a mental or physical examination, or both. The expense	4414
of the examination is the responsibility of the individual	4415
compelled to be examined. Any mental or physical examination	4416
required under this division shall be undertaken by a treatment	4417
provider or physician qualified to conduct such examination and	4418
chosen by the board.	4419

Failure to submit to a mental or physical examination ordered	4420
by the board constitutes an admission of the allegations against	4421
the individual unless the failure is due to circumstances beyond	4422
the individual's control, and a default and final order may be	4423
entered without the taking of testimony or presentation of	4424
evidence. If the board determines that the individual's ability to	4425
practice is impaired, the board shall suspend the individual's	4426
certificate or deny the individual's application and shall require	4427
the individual, as a condition for an initial, continued,	4428
reinstated, or renewed certificate to practice, to submit to	4429
treatment.	4430

Before being eligible to apply for reinstatement of a	4431
certificate suspended under this division, the radiologist	4432
assistant shall demonstrate to the board the ability to resume	4433
practice in compliance with acceptable and prevailing standards of	4434
care. The demonstration shall include the following:	4435

(a) Certification from a treatment provider approved under	4436
section 4731.25 of the Revised Code that the individual has	4437
successfully completed any required inpatient treatment;	4438

(b) Evidence of continuing full compliance with an aftercare	4439
contract or consent agreement;	4440

(c) Two written reports indicating that the individual's	4441
ability to practice has been assessed and that the individual has	4442
been found capable of practicing according to acceptable and	4443
prevailing standards of care. The reports shall be made by	4444
individuals or providers approved by the board for making such	4445
assessments and shall describe the basis for their determination.	4446

The board may reinstate a certificate suspended under this	4447
division after such demonstration and after the individual has	4448
entered into a written consent agreement.	4449

When the impaired radiologist assistant resumes practice, the	4450
board shall require continued monitoring of the radiologist	4451
assistant. The monitoring shall include monitoring of compliance	4452
with the written consent agreement entered into before	4453
reinstatement or with conditions imposed by board order after a	4454
hearing, and, on termination of the consent agreement, submission	4455
to the board for at least two years of annual written progress	4456
reports made under penalty of falsification stating whether the	4457
radiologist assistant has maintained sobriety.	4458

(G) If the secretary and supervising member determine that	4459
there is clear and convincing evidence that a radiologist	4460
assistant has violated division (B) of this section and that the	4461
individual's continued practice presents a danger of immediate and	4462
serious harm to the public, they may recommend that the board	4463
suspend the individual's certificate to practice without a prior	4464
hearing. Written allegations shall be prepared for consideration	4465
by the board.	4466

The board, on review of the allegations and by an affirmative	4467
vote of not fewer than six of its members, excluding the secretary	4468
and supervising member, may suspend a certificate without a prior	4469
hearing. A telephone conference call may be utilized for reviewing	4470
the allegations and taking the vote on the summary suspension.	4471

The board shall issue a written order of suspension by	4472
certified maila delivery system or in person in accordance with	4473
section 119.07 of the Revised Code. The order shall not be subject	4474
to suspension by the court during pendency of any appeal filed	4475
under section 119.12 of the Revised Code. If the radiologist	4476
assistant requests an adjudicatory hearing by the board, the date	4477
set for the hearing shall be within fifteen days, but not earlier	4478
than seven days, after the radiologist assistant requests the	4479
hearing, unless otherwise agreed to by both the board and the	4480
certificate holder.	4481

A summary suspension imposed under this division shall remain	4482
in effect, unless reversed on appeal, until a final adjudicative	4483
order issued by the board pursuant to this section and Chapter	4484
119. of the Revised Code becomes effective. The board shall issue	4485
its final adjudicative order within sixty days after completion of	4486
its hearing. Failure to issue the order within sixty days shall	4487
result in dissolution of the summary suspension order, but shall	4488
not invalidate any subsequent, final adjudicative order.	4489

(H) If the board takes action under division (B)(10), (12),	4490
or (13) of this section, and the judicial finding of guilt, guilty	4491
plea, or judicial finding of eligibility for intervention in lieu	4492
of conviction is overturned on appeal, on exhaustion of the	4493
criminal appeal, a petition for reconsideration of the order may	4494
be filed with the board along with appropriate court documents. On	4495
receipt of a petition and supporting court documents, the board	4496
shall reinstate the certificate to practice as a radiologist	4497
assistant. The board may then hold an adjudication under Chapter	4498
119. of the Revised Code to determine whether the individual	4499
committed the act in question. Notice of opportunity for hearing	4500
shall be given in accordance with Chapter 119. of the Revised	4501
Code. If the board finds, pursuant to an adjudication held under	4502
this division, that the individual committed the act, or if no	4503
hearing is requested, it may order any of the sanctions specified	4504
in division (B) of this section.	4505

(I) The certificate to practice of a radiologist assistant	4506
and the assistant's practice in this state are automatically	4507
suspended as of the date the radiologist assistant pleads guilty	4508
to, is found by a judge or jury to be guilty of, or is subject to	4509
a judicial finding of eligibility for intervention in lieu of	4510
conviction in this state or treatment of intervention in lieu of	4511
conviction in another jurisdiction for any of the following	4512
criminal offenses in this state or a substantially equivalent	4513
criminal offense in another jurisdiction: aggravated murder,	4514
murder, voluntary manslaughter, felonious assault, kidnapping,	4515
rape, sexual battery, gross sexual imposition, aggravated arson,	4516
aggravated robbery, or aggravated burglary. Continued practice	4517
after the suspension shall be considered practicing without a	4518
certificate.	4519

The board shall notify the individual subject to the	4520
suspension by certified maila delivery system or in person in	4521
accordance with section 119.07 of the Revised Code. If an	4522
individual whose certificate is suspended under this division	4523
fails to make a timely request for an adjudication under Chapter	4524
119. of the Revised Code, the board shall enter a final order	4525
permanently revoking the individual's certificate to practice.	4526

(J) In any instance in which the board is required by Chapter	4527
119. of the Revised Code to give notice of opportunity for hearing	4528
and the individual subject to the notice does not timely request a	4529
hearing in accordance with section 119.07 of the Revised Code, the	4530
board is not required to hold a hearing, but may adopt, by an	4531
affirmative vote of not fewer than six of its members, a final	4532
order that contains the board's findings. In the final order, the	4533
board may order any of the sanctions identified under division (A)	4534
or (B) of this section.	4535

(K) Any action taken by the board under division (B) of this	4536
section resulting in a suspension shall be accompanied by a	4537
written statement of the conditions under which the radiologist	4538
assistant's certificate may be reinstated. The board shall adopt	4539
rules in accordance with Chapter 119. of the Revised Code	4540
governing conditions to be imposed for reinstatement.	4541
Reinstatement of a certificate suspended pursuant to division (B)	4542
of this section requires an affirmative vote of not fewer than six	4543
members of the board.	4544

(L) When the board refuses to grant a certificate to practice	4545
as a radiologist assistant to an applicant, revokes an	4546
individual's certificate, refuses to renew a certificate, or	4547
refuses to reinstate an individual's certificate, the board may	4548
specify that its action is permanent. An individual subject to a	4549
permanent action taken by the board is forever thereafter	4550
ineligible to hold a certificate to practice as a radiologist	4551
assistant and the board shall not accept an application for	4552
reinstatement of the certificate or for issuance of a new	4553
certificate.	4554

(M) Notwithstanding any other provision of the Revised Code,	4555
all of the following apply:	4556

(1) The surrender of a certificate to practice as a	4557
radiologist assistant issued under this chapter is not effective	4558
unless or until accepted by the board. Reinstatement of a	4559
certificate surrendered to the board requires an affirmative vote	4560
of not fewer than six members of the board.	4561

(2) An application made under this chapter for a certificate	4562
to practice may not be withdrawn without approval of the board.	4563

(3) Failure by an individual to renew a certificate to	4564
practice in accordance with section 4774.06 of the Revised Code	4565
shall not remove or limit the board's jurisdiction to take	4566
disciplinary action under this section against the individual.	4567

Sec. 4779.29.  If the state board of orthotics, prosthetics,	4568
and pedorthics determines that there is clear and convincing	4569
evidence that an individual licensed under this chapter is	4570
engaging or has engaged in conduct described in division (A) of	4571
section 4779.28 of the Revised Code and that the license holder's	4572
continued practice presents a danger of immediate and serious harm	4573
to the public, the board may suspend the individual's license	4574
without an adjudicatory hearing. A telephone conference call may	4575
be used for reviewing the matter and taking the vote.	4576

If the board votes to suspend an individual's license, the	4577
board shall issue a written order of suspension by certified mail	4578
a delivery system or in person in accordance with section 119.07	4579
of the Revised Code. The order is not subject to suspension by a	4580
court during pendancypendency of any appeal filed under section	4581
119.12 of the Revised Code. If the license holder requests an	4582
adjudicatory hearing by the board, the date set for the hearing	4583
shall be not later than fifteen days, but not earlier than seven	4584
days, after the request, unless otherwise agreed to by the board	4585
and the license holder.	4586

Any suspension imposed under this section shall remain in	4587
effect, unless reversed on appeal, until a final adjudicative	4588
order issued by the board pursuant to section 119.12 of the	4589
Revised Code becomes effective. The board shall issue its final	4590
adjudicative order within sixty days after completion of its	4591
hearing. A failure to issue an order within sixty days shall	4592
result in the dissolution of the summary suspension order, but	4593
shall not invalidate any subsequent, final adjudicative order.	4594

Sec. 5123.0414. (A) When the director of developmental	4595
disabilities, under section 119.07 of the Revised Code, sends a	4596
party a notice by registered mail, return receipt requestedusing	4597
a delivery system or delivers a notice in person in accordance	4598
with that section, that the director intends to take action	4599
against the party authorized by section 5123.082, 5123.166,	4600
5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised	4601
Code and the notice is returned to the director with an	4602
endorsement indicating that the notice was refused or unclaimed,	4603
the director shall resend the notice by ordinary mail to the	4604
party.	4605

(B) If the original notice was refused, the notice shall be	4606
deemed received as of the date the director resends the notice.	4607

(C) If the original notice was unclaimed, the notice shall be	4608
deemed received as of the date the director resends the notice	4609
unless, not later than thirty days after the date the director	4610
sent the original notice, the resent notice is returned to the	4611
director for failure of delivery.	4612

If the notice concerns taking action under section 5123.51 of	4613
the Revised Code and the resent notice is returned to the director	4614
for failure of delivery not later than thirty days after the date	4615
the director sent the original notice, the director shall cause	4616
the notice to be published in a newspaper of general circulation	4617
in the county of the party's last known residence or business and	4618
shall mail a dated copy of the published notice to the party at	4619
the last known address. The notice shall be deemed received as of	4620
the date of the publication.	4621

If the notice concerns taking action under section 5123.082,	4622
5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised	4623
Code and the resent notice is returned to the director for failure	4624
of delivery not later than thirty days after the date the director	4625
sent the original notice, the director shall resend the notice to	4626
the party a second time. The notice shall be deemed received as of	4627
the date the director resends the notice the second time.	4628

Section 2. That existing sections 119.062, 119.07, 3711.14,	4629
4713.01, 4713.02, 4713.03, 4713.06, 4713.07, 4713.08, 4713.081,	4630
4713.09, 4713.10, 4713.14, 4713.141, 4713.16, 4713.20, 4713.21,	4631
4713.22, 4713.24, 4713.25, 4713.26, 4713.28, 4713.29, 4713.30,	4632
4713.31, 4713.32, 4713.34, 4713.35, 4713.37, 4713.41, 4713.42,	4633
4713.44, 4713.45, 4713.48, 4713.55, 4713.56, 4713.58, 4713.60,	4634
4713.61, 4713.62, 4713.63, 4713.64, 4715.30, 4717.14, 4723.281,	4635
4725.24, 4730.25, 4731.22, 4734.36, 4734.37, 4757.361, 4760.13,	4636
4762.13, 4774.13, 4779.29, and 5123.0414 and sections 4713.17 and	4637
4713.39 of the Revised Code are hereby repealed.	4638

Section 3. (A) As used in this section, "braider" and	4639
"threader" have the same meanings as in section 4713.01 of the	4640
Revised Code.	4641

(B) Notwithstanding division (C)(1) of section 4713.14 of the	4642
Revised Code which, as a result of amendments made by this act,	4643
prohibits practicing braiding or threading without a current,	4644
valid license, a braider or threader may practice without a	4645
license until twelve months after the effective date of this act.	4646

(C) Notwithstanding division (D)(1) of section 4713.14 of the	4647
Revised Code which, as a result of amendments made by this act,	4648
prohibits employing a person to practice braiding or threading who	4649
does not have a current, valid license, a person may employ an	4650
unlicensed braider or unlicensed threader until twelve months	4651
after the effective date of this act.	4652

(D) Notwithstanding division (E) of section 4713.14 of the	4653
Revised Code which, as a result of amendments made by this act,	4654
prohibits managing a braiding or threading salon without a	4655
current, valid managing license, a braider or threader may manage	4656
a braiding or threading salon without a managing license until	4657
twelve months after the effective date of this act.	4658

(E) Notwithstanding division (F)(1) of section 4713.14 of the	4659
Revised Code which, as a result of amendments made by this act,	4660
prohibits teaching braiding or threading at a school of	4661
cosmetology without a current, valid instructor license, a braider	4662
or threader may teach at a school of cosmetology without an	4663
instructor license until twelve months after the effective date of	4664
this act.	4665

(F) Notwithstanding division (L)(1) of section 4713.14 of the	4666
Revised Code which, as a result of amendments made by this act,	4667
prohibits teaching braiding or threading at a salon without a	4668
current, valid practicing or managing license, a braider or	4669
threader may teach at a salon without a practicing or managing	4670
license until twelve months after the effective date of this act.	4671

Section 4.  Section 4731.22 of the Revised Code is presented	4672
in this act as a composite of the section as amended by both H.B.	4673
78 and Am. Sub. H.B. 93 of the 129th General Assembly. The General	4674
Assembly, applying the principle stated in division (B) of section	4675
1.52 of the Revised Code that amendments are to be harmonized if	4676
reasonably capable of simultaneous operation, finds that the	4677
composite is the resulting version of the section in effect prior	4678
to the effective date of the section as presented in this act.	4679