H. B. No. 496 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

H. B. No. 496

Representatives Hackett, Garland

Cosponsors: Representatives Hagan, R., Stebelton

A BILL

To amend sections 102.02, 102.022, 102.03, 2152.54,

2919.271, 2945.37, 4732.01, 4732.02, 4732.03,

4732.05, 4732.06, 4732.07, 4732.09, 4732.10,

4732.11, 4732.12, 4732.13, 4732.14, 4732.141,

4732.16, 4732.17, 4732.172, 4732.173, 4732.18,

4732.21, 4732.22, 4732.31, 4755.13, 4757.42,

5120.55, and 5122.01, to amend, for the purpose of

adopting new section numbers as indicated in

parentheses, sections 4732.16 (4732.15), 4732.172

(4732.171), and 4732.173 (4732.172), to enact new

sections 4732.16 and 4732.173 and sections

4732.142, 4732.151, 4732.221, and 4732.32, and to

repeal sections 4732.15, 4732.171, and 4732.23 of

the Revised Code to revise the laws governing the

practice of psychology; and to amend the version

of section 5122.01 of the Revised Code that is

scheduled to take effect on October 1, 2012, to

continue amendments made by this act to that

section.

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

Section 1. That sections 102.02, 102.022, 102.03, 2152.54,	20
2919.271, 2945.37, 4732.01, 4732.02, 4732.03, 4732.05, 4732.06,	21
4732.07, 4732.09, 4732.10, 4732.11, 4732.12, 4732.13, 4732.14,	22
4732.141, 4732.16, 4732.17, 4732.172, 4732.173, 4732.18, 4732.21,	23
4732.22, 4732.31, 4755.13, 4757.42, 5120.55, and 5122.01 be	24
amended; sections 4732.16 (4732.15), 4732.172 (4732.171), and	25
4732.173 (4732.172) be amended for the purpose of adopting new	26
section numbers as indicated in parentheses; and that new sections	27
4732.16 and 4732.173 and sections 4732.142, 4732.151, 4732.221,	28
and 4732.32 of the Revised Code be enacted to read as follows:	29

Sec. 102.02. (A) Except as otherwise provided in division	30
(H) of this section, all of the following shall file with the	31
appropriate ethics commission the disclosure statement described	32
in this division on a form prescribed by the appropriate	33
commission: every person who is elected to or is a candidate for a	34
state, county, or city office and every person who is appointed to	35
fill a vacancy for an unexpired term in such an elective office;	36
all members of the state board of education; the director,	37
assistant directors, deputy directors, division chiefs, or persons	38
of equivalent rank of any administrative department of the state;	39
the president or other chief administrative officer of every state	40
institution of higher education as defined in section 3345.011 of	41
the Revised Code; the executive director and the members of the	42
capitol square review and advisory board appointed or employed	43
pursuant to section 105.41 of the Revised Code; all members of the	44
Ohio casino control commission, the executive director of the	45
commission, all professional employees of the commission, and all	46
technical employees of the commission who perform an internal	47
audit function; the individuals set forth in division (B)(2) of	48
section 187.03 of the Revised Code; the chief executive officer	49
and the members of the board of each state retirement system; each	50
employee of a state retirement board who is a state retirement	51
system investment officer licensed pursuant to section 1707.163 of	52
the Revised Code; the members of the Ohio retirement study council	53
appointed pursuant to division (C) of section 171.01 of the	54
Revised Code; employees of the Ohio retirement study council,	55
other than employees who perform purely administrative or clerical	56
functions; the administrator of workers' compensation and each	57
member of the bureau of workers' compensation board of directors;	58
the bureau of workers' compensation director of investments; the	59
chief investment officer of the bureau of workers' compensation;	60
all members of the board of commissioners on grievances and	61
discipline of the supreme court and the ethics commission created	62
under section 102.05 of the Revised Code; every business manager,	63
treasurer, or superintendent of a city, local, exempted village,	64
joint vocational, or cooperative education school district or an	65
educational service center; every person who is elected to or is a	66
candidate for the office of member of a board of education of a	67
city, local, exempted village, joint vocational, or cooperative	68
education school district or of a governing board of an	69
educational service center that has a total student count of	70
twelve thousand or more as most recently determined by the	71
department of education pursuant to section 3317.03 of the Revised	72
Code; every person who is appointed to the board of education of a	73
municipal school district pursuant to division (B) or (F) of	74
section 3311.71 of the Revised Code; all members of the board of	75
directors of a sanitary district that is established under Chapter	76
6115. of the Revised Code and organized wholly for the purpose of	77
providing a water supply for domestic, municipal, and public use,	78
and that includes two municipal corporations in two counties;	79
every public official or employee who is paid a salary or wage in	80
accordance with schedule C of section 124.15 or schedule E-2 of	81
section 124.152 of the Revised Code; members of the board of	82
trustees and the executive director of the southern Ohio	83
agricultural and community development foundation; all members	84
appointed to the Ohio livestock care standards board under section	85
904.02 of the Revised Code; and every other public official or	86
employee who is designated by the appropriate ethics commission	87
pursuant to division (B) of this section.	88

The disclosure statement shall include all of the following:

(1) The name of the person filing the statement and each	90
member of the person's immediate family and all names under which	91
the person or members of the person's immediate family do	92
business;	93

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	94
and except as otherwise provided in section 102.022 of the Revised	95
Code, identification of every source of income, other than income	96
from a legislative agent identified in division (A)(2)(b) of this	97
section, received during the preceding calendar year, in the	98
person's own name or by any other person for the person's use or	99
benefit, by the person filing the statement, and a brief	100
description of the nature of the services for which the income was	101
received. If the person filing the statement is a member of the	102
general assembly, the statement shall identify the amount of every	103
source of income received in accordance with the following ranges	104
of amounts: zero or more, but less than one thousand dollars; one	105
thousand dollars or more, but less than ten thousand dollars; ten	106
thousand dollars or more, but less than twenty-five thousand	107
dollars; twenty-five thousand dollars or more, but less than fifty	108
thousand dollars; fifty thousand dollars or more, but less than	109
one hundred thousand dollars; and one hundred thousand dollars or	110
more. Division (A)(2)(a) of this section shall not be construed to	111
require a person filing the statement who derives income from a	112
business or profession to disclose the individual items of income	113
that constitute the gross income of that business or profession,	114
except for those individual items of income that are attributable	115
to the person's or, if the income is shared with the person, the	116
partner's, solicitation of services or goods or performance,	117
arrangement, or facilitation of services or provision of goods on	118
behalf of the business or profession of clients, including	119
corporate clients, who are legislative agents. A person who files	120
the statement under this section shall disclose the identity of	121
and the amount of income received from a person who the public	122
official or employee knows or has reason to know is doing or	123
seeking to do business of any kind with the public official's or	124
employee's agency.	125

(b) If the person filing the statement is a member of the	126
general assembly, the statement shall identify every source of	127
income and the amount of that income that was received from a	128
legislative agent during the preceding calendar year, in the	129
person's own name or by any other person for the person's use or	130
benefit, by the person filing the statement, and a brief	131
description of the nature of the services for which the income was	132
received. Division (A)(2)(b) of this section requires the	133
disclosure of clients of attorneys or persons licensed under	134
section 4732.12 of the Revised Code, or patients of persons	135
certified under section 4731.14 of the Revised Code, if those	136
clients or patients are legislative agents. Division (A)(2)(b) of	137
this section requires a person filing the statement who derives	138
income from a business or profession to disclose those individual	139
items of income that constitute the gross income of that business	140
or profession that are received from legislative agents.	141

(c) Except as otherwise provided in division (A)(2)(c) of	142
this section, division (A)(2)(a) of this section applies to	143
attorneys, physicians, and other persons who engage in the	144
practice of a profession and who, pursuant to a section of the	145
Revised Code, the common law of this state, a code of ethics	146
applicable to the profession, or otherwise, generally are required	147
not to reveal, disclose, or use confidences of clients, patients,	148
or other recipients of professional services except under	149
specified circumstances or generally are required to maintain	150
those types of confidences as privileged communications except	151
under specified circumstances. Division (A)(2)(a) of this section	152
does not require an attorney, physician, or other professional	153
subject to a confidentiality requirement as described in division	154
(A)(2)(c) of this section to disclose the name, other identity, or	155
address of a client, patient, or other recipient of professional	156
services if the disclosure would threaten the client, patient, or	157
other recipient of professional services, would reveal details of	158
the subject matter for which legal, medical, or professional	159
advice or other services were sought, or would reveal an otherwise	160
privileged communication involving the client, patient, or other	161
recipient of professional services. Division (A)(2)(a) of this	162
section does not require an attorney, physician, or other	163
professional subject to a confidentiality requirement as described	164
in division (A)(2)(c) of this section to disclose in the brief	165
description of the nature of services required by division	166
(A)(2)(a) of this section any information pertaining to specific	167
professional services rendered for a client, patient, or other	168
recipient of professional services that would reveal details of	169
the subject matter for which legal, medical, or professional	170
advice was sought or would reveal an otherwise privileged	171
communication involving the client, patient, or other recipient of	172
professional services.	173

(3) The name of every corporation on file with the secretary	174
of state that is incorporated in this state or holds a certificate	175
of compliance authorizing it to do business in this state, trust,	176
business trust, partnership, or association that transacts	177
business in this state in which the person filing the statement or	178
any other person for the person's use and benefit had during the	179
preceding calendar year an investment of over one thousand dollars	180
at fair market value as of the thirty-first day of December of the	181
preceding calendar year, or the date of disposition, whichever is	182
earlier, or in which the person holds any office or has a	183
fiduciary relationship, and a description of the nature of the	184
investment, office, or relationship. Division (A)(3) of this	185
section does not require disclosure of the name of any bank,	186
savings and loan association, credit union, or building and loan	187
association with which the person filing the statement has a	188
deposit or a withdrawable share account.	189

(4) All fee simple and leasehold interests to which the	190
person filing the statement holds legal title to or a beneficial	191
interest in real property located within the state, excluding the	192
person's residence and property used primarily for personal	193
recreation;	194

(5) The names of all persons residing or transacting business	195
in the state to whom the person filing the statement owes, in the	196
person's own name or in the name of any other person, more than	197
one thousand dollars. Division (A)(5) of this section shall not be	198
construed to require the disclosure of debts owed by the person	199
resulting from the ordinary conduct of a business or profession or	200
debts on the person's residence or real property used primarily	201
for personal recreation, except that the superintendent of	202
financial institutions shall disclose the names of all	203
state-chartered savings and loan associations and of all service	204
corporations subject to regulation under division (E)(2) of	205
section 1151.34 of the Revised Code to whom the superintendent in	206
the superintendent's own name or in the name of any other person	207
owes any money, and that the superintendent and any deputy	208
superintendent of banks shall disclose the names of all	209
state-chartered banks and all bank subsidiary corporations subject	210
to regulation under section 1109.44 of the Revised Code to whom	211
the superintendent or deputy superintendent owes any money.	212

(6) The names of all persons residing or transacting business	213
in the state, other than a depository excluded under division	214
(A)(3) of this section, who owe more than one thousand dollars to	215
the person filing the statement, either in the person's own name	216
or to any person for the person's use or benefit. Division (A)(6)	217
of this section shall not be construed to require the disclosure	218
of clients of attorneys or persons licensed under section 4732.12	219
~~or 4732.15~~ of the Revised Code, or patients of persons certified	220
under section 4731.14 of the Revised Code, nor the disclosure of	221
debts owed to the person resulting from the ordinary conduct of a	222
business or profession.	223

(7) Except as otherwise provided in section 102.022 of the	224
Revised Code, the source of each gift of over seventy-five	225
dollars, or of each gift of over twenty-five dollars received by a	226
member of the general assembly from a legislative agent, received	227
by the person in the person's own name or by any other person for	228
the person's use or benefit during the preceding calendar year,	229
except gifts received by will or by virtue of section 2105.06 of	230
the Revised Code, or received from spouses, parents, grandparents,	231
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	232
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	233
fathers-in-law, mothers-in-law, or any person to whom the person	234
filing the statement stands in loco parentis, or received by way	235
of distribution from any inter vivos or testamentary trust	236
established by a spouse or by an ancestor;	237

(8) Except as otherwise provided in section 102.022 of the	238
Revised Code, identification of the source and amount of every	239
payment of expenses incurred for travel to destinations inside or	240
outside this state that is received by the person in the person's	241
own name or by any other person for the person's use or benefit	242
and that is incurred in connection with the person's official	243
duties, except for expenses for travel to meetings or conventions	244
of a national or state organization to which any state agency,	245
including, but not limited to, any legislative agency or state	246
institution of higher education as defined in section 3345.011 of	247
the Revised Code, pays membership dues, or any political	248
subdivision or any office or agency of a political subdivision	249
pays membership dues;	250

(9) Except as otherwise provided in section 102.022 of the	251
Revised Code, identification of the source of payment of expenses	252
for meals and other food and beverages, other than for meals and	253
other food and beverages provided at a meeting at which the person	254
participated in a panel, seminar, or speaking engagement or at a	255
meeting or convention of a national or state organization to which	256
any state agency, including, but not limited to, any legislative	257
agency or state institution of higher education as defined in	258
section 3345.011 of the Revised Code, pays membership dues, or any	259
political subdivision or any office or agency of a political	260
subdivision pays membership dues, that are incurred in connection	261
with the person's official duties and that exceed one hundred	262
dollars aggregated per calendar year;	263

(10) If the disclosure statement is filed by a public	264
official or employee described in division (B)(2) of section	265
101.73 of the Revised Code or division (B)(2) of section 121.63 of	266
the Revised Code who receives a statement from a legislative	267
agent, executive agency lobbyist, or employer that contains the	268
information described in division (F)(2) of section 101.73 of the	269
Revised Code or division (G)(2) of section 121.63 of the Revised	270
Code, all of the nondisputed information contained in the	271
statement delivered to that public official or employee by the	272
legislative agent, executive agency lobbyist, or employer under	273
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	274
the Revised Code.	275

A person may file a statement required by this section in	276
person or by mail. A person who is a candidate for elective office	277
shall file the statement no later than the thirtieth day before	278
the primary, special, or general election at which the candidacy	279
is to be voted on, whichever election occurs soonest, except that	280
a person who is a write-in candidate shall file the statement no	281
later than the twentieth day before the earliest election at which	282
the person's candidacy is to be voted on. A person who holds	283
elective office shall file the statement on or before the	284
fifteenth day of April of each year unless the person is a	285
candidate for office. A person who is appointed to fill a vacancy	286
for an unexpired term in an elective office shall file the	287
statement within fifteen days after the person qualifies for	288
office. Other persons shall file an annual statement on or before	289
the fifteenth day of April or, if appointed or employed after that	290
date, within ninety days after appointment or employment. No	291
person shall be required to file with the appropriate ethics	292
commission more than one statement or pay more than one filing fee	293
for any one calendar year.	294

The appropriate ethics commission, for good cause, may extend	295
for a reasonable time the deadline for filing a statement under	296
this section.	297

A statement filed under this section is subject to public	298
inspection at locations designated by the appropriate ethics	299
commission except as otherwise provided in this section.	300

(B) The Ohio ethics commission, the joint legislative ethics	301
committee, and the board of commissioners on grievances and	302
discipline of the supreme court, using the rule-making procedures	303
of Chapter 119. of the Revised Code, may require any class of	304
public officials or employees under its jurisdiction and not	305
specifically excluded by this section whose positions involve a	306
substantial and material exercise of administrative discretion in	307
the formulation of public policy, expenditure of public funds,	308
enforcement of laws and rules of the state or a county or city, or	309
the execution of other public trusts, to file an annual statement	310
on or before the fifteenth day of April under division (A) of this	311
section. The appropriate ethics commission shall send the public	312
officials or employees written notice of the requirement by the	313
fifteenth day of February of each year the filing is required	314
unless the public official or employee is appointed after that	315
date, in which case the notice shall be sent within thirty days	316
after appointment, and the filing shall be made not later than	317
ninety days after appointment.	318

Except for disclosure statements filed by members of the	319
board of trustees and the executive director of the southern Ohio	320
agricultural and community development foundation, disclosure	321
statements filed under this division with the Ohio ethics	322
commission by members of boards, commissions, or bureaus of the	323
state for which no compensation is received other than reasonable	324
and necessary expenses shall be kept confidential. Disclosure	325
statements filed with the Ohio ethics commission under division	326
(A) of this section by business managers, treasurers, and	327
superintendents of city, local, exempted village, joint	328
vocational, or cooperative education school districts or	329
educational service centers shall be kept confidential, except	330
that any person conducting an audit of any such school district or	331
educational service center pursuant to section 115.56 or Chapter	332
117. of the Revised Code may examine the disclosure statement of	333
any business manager, treasurer, or superintendent of that school	334
district or educational service center. Disclosure statements	335
filed with the Ohio ethics commission under division (A) of this	336
section by the individuals set forth in division (B)(2) of section	337
187.03 of the Revised Code shall be kept confidential. The Ohio	338
ethics commission shall examine each disclosure statement required	339
to be kept confidential to determine whether a potential conflict	340
of interest exists for the person who filed the disclosure	341
statement. A potential conflict of interest exists if the private	342
interests of the person, as indicated by the person's disclosure	343
statement, might interfere with the public interests the person is	344
required to serve in the exercise of the person's authority and	345
duties in the person's office or position of employment. If the	346
commission determines that a potential conflict of interest	347
exists, it shall notify the person who filed the disclosure	348
statement and shall make the portions of the disclosure statement	349
that indicate a potential conflict of interest subject to public	350
inspection in the same manner as is provided for other disclosure	351
statements. Any portion of the disclosure statement that the	352
commission determines does not indicate a potential conflict of	353
interest shall be kept confidential by the commission and shall	354
not be made subject to public inspection, except as is necessary	355
for the enforcement of Chapters 102. and 2921. of the Revised Code	356
and except as otherwise provided in this division.	357

(C) No person shall knowingly fail to file, on or before the	358
applicable filing deadline established under this section, a	359
statement that is required by this section.	360

(D) No person shall knowingly file a false statement that is	361
required to be filed under this section.	362

(E)(1) Except as provided in divisions (E)(2) and (3) of this	363
section, the statement required by division (A) or (B) of this	364
section shall be accompanied by a filing fee of forty dollars.	365

(2) The statement required by division (A) of this section	366
shall be accompanied by the following filing fee to be paid by the	367
person who is elected or appointed to, or is a candidate for, any	368
of the following offices:	369

For state office, except member of the		370
state board of education	$95	371
For office of member of general assembly	$40	372
For county office	$60	373
For city office	$35	374
For office of member of the state board		375
of education	$25	376
For office of member of the Ohio		377
livestock care standards board	$.....	378
For office of member of a city, local,		379
exempted village, or cooperative		380
education board of		381
education or educational service		382
center governing board	$30	383
For position of business manager,		384
treasurer, or superintendent of a		385
city, local, exempted village, joint		386
vocational, or cooperative education		387
school district or		388
educational service center	$30	389

(3) No judge of a court of record or candidate for judge of a	390
court of record, and no referee or magistrate serving a court of	391
record, shall be required to pay the fee required under division	392
(E)(1) or (2) or (F) of this section.	393

(4) For any public official who is appointed to a nonelective	394
office of the state and for any employee who holds a nonelective	395
position in a public agency of the state, the state agency that is	396
the primary employer of the state official or employee shall pay	397
the fee required under division (E)(1) or (F) of this section.	398

(F) If a statement required to be filed under this section is	399
not filed by the date on which it is required to be filed, the	400
appropriate ethics commission shall assess the person required to	401
file the statement a late filing fee of ten dollars for each day	402
the statement is not filed, except that the total amount of the	403
late filing fee shall not exceed two hundred fifty dollars.	404

(G)(1) The appropriate ethics commission other than the Ohio	405
ethics commission and the joint legislative ethics committee shall	406
deposit all fees it receives under divisions (E) and (F) of this	407
section into the general revenue fund of the state.	408

(2) The Ohio ethics commission shall deposit all receipts,	409
including, but not limited to, fees it receives under divisions	410
(E) and (F) of this section, investigative or other fees, costs,	411
or other funds it receives as a result of court orders, and all	412
moneys it receives from settlements under division (G) of section	413
102.06 of the Revised Code, into the Ohio ethics commission fund,	414
which is hereby created in the state treasury. All moneys credited	415
to the fund shall be used solely for expenses related to the	416
operation and statutory functions of the commission.	417

(3) The joint legislative ethics committee shall deposit all	418
receipts it receives from the payment of financial disclosure	419
statement filing fees under divisions (E) and (F) of this section	420
into the joint legislative ethics committee investigative fund.	421

(H) Division (A) of this section does not apply to a person	422
elected or appointed to the office of precinct, ward, or district	423
committee member under Chapter 3517. of the Revised Code; a	424
presidential elector; a delegate to a national convention; village	425
or township officials and employees; any physician or psychiatrist	426
who is paid a salary or wage in accordance with schedule C of	427
section 124.15 or schedule E-2 of section 124.152 of the Revised	428
Code and whose primary duties do not require the exercise of	429
administrative discretion; or any member of a board, commission,	430
or bureau of any county or city who receives less than one	431
thousand dollars per year for serving in that position.	432

Sec. 102.022. Each person who is an officer or employee of a	433
political subdivision, who receives compensation of less than	434
sixteen thousand dollars a year for holding an office or position	435
of employment with that political subdivision, and who is required	436
to file a statement under section 102.02 of the Revised Code; each	437
member of the board of trustees of a state institution of higher	438
education as defined in section 3345.011 of the Revised Code who	439
is required to file a statement under section 102.02 of the	440
Revised Code; and each individual set forth in division (B)(2) of	441
section 187.03 of the Revised Code who is required to file a	442
statement under section 102.02 of the Revised Code, shall include	443
in that statement, in place of the information required by	444
divisions (A)(2), (7), (8), and (9) of that section, the following	445
information:	446

(A) Exclusive of reasonable expenses, identification of every	447
source of income over five hundred dollars received during the	448
preceding calendar year, in the officer's or employee's own name	449
or by any other person for the officer's or employee's use or	450
benefit, by the person filing the statement, and a brief	451
description of the nature of the services for which the income was	452
received. This division shall not be construed to require the	453
disclosure of clients of attorneys or persons licensed under	454
section 4732.12 ~~or 4732.15~~ of the Revised Code or patients of	455
persons certified under section 4731.14 of the Revised Code. This	456
division shall not be construed to require a person filing the	457
statement who derives income from a business or profession to	458
disclose the individual items of income that constitute the gross	459
income of the business or profession.	460

(B) The source of each gift of over five hundred dollars	461
received by the person in the officer's or employee's own name or	462
by any other person for the officer's or employee's use or benefit	463
during the preceding calendar year, except gifts received by will	464
or by virtue of section 2105.06 of the Revised Code, received from	465
parents, grandparents, children, grandchildren, siblings, nephews,	466
nieces, uncles, aunts, brothers-in-law, sisters-in-law,	467
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or	468
any person to whom the person filing the statement stands in loco	469
parentis, or received by way of distribution from any inter vivos	470
or testamentary trust established by a spouse or by an ancestor.	471

Sec. 102.03. (A)(1) No present or former public official or	472
employee shall, during public employment or service or for twelve	473
months thereafter, represent a client or act in a representative	474
capacity for any person on any matter in which the public official	475
or employee personally participated as a public official or	476
employee through decision, approval, disapproval, recommendation,	477
the rendering of advice, investigation, or other substantial	478
exercise of administrative discretion.	479

(2) For twenty-four months after the conclusion of service,	480
no former commissioner or attorney examiner of the public	481
utilities commission shall represent a public utility, as defined	482
in section 4905.02 of the Revised Code, or act in a representative	483
capacity on behalf of such a utility before any state board,	484
commission, or agency.	485

(3) For twenty-four months after the conclusion of employment	486
or service, no former public official or employee who personally	487
participated as a public official or employee through decision,	488
approval, disapproval, recommendation, the rendering of advice,	489
the development or adoption of solid waste management plans,	490
investigation, inspection, or other substantial exercise of	491
administrative discretion under Chapter 343. or 3734. of the	492
Revised Code shall represent a person who is the owner or operator	493
of a facility, as defined in section 3734.01 of the Revised Code,	494
or who is an applicant for a permit or license for a facility	495
under that chapter, on any matter in which the public official or	496
employee personally participated as a public official or employee.	497

(4) For a period of one year after the conclusion of	498
employment or service as a member or employee of the general	499
assembly, no former member or employee of the general assembly	500
shall represent, or act in a representative capacity for, any	501
person on any matter before the general assembly, any committee of	502
the general assembly, or the controlling board. Division (A)(4) of	503
this section does not apply to or affect a person who separates	504
from service with the general assembly on or before December 31,	505
1995. As used in division (A)(4) of this section "person" does not	506
include any state agency or political subdivision of the state.	507

(5) As used in divisions (A)(1), (2), and (3) of this	508
section, "matter" includes any case, proceeding, application,	509
determination, issue, or question, but does not include the	510
proposal, consideration, or enactment of statutes, rules,	511
ordinances, resolutions, or charter or constitutional amendments.	512
As used in division (A)(4) of this section, "matter" includes the	513
proposal, consideration, or enactment of statutes, resolutions, or	514
constitutional amendments. As used in division (A) of this	515
section, "represent" includes any formal or informal appearance	516
before, or any written or oral communication with, any public	517
agency on behalf of any person.	518

(6) Nothing contained in division (A) of this section shall	519
prohibit, during such period, a former public official or employee	520
from being retained or employed to represent, assist, or act in a	521
representative capacity for the public agency by which the public	522
official or employee was employed or on which the public official	523
or employee served.	524

(7) Division (A) of this section shall not be construed to	525
prohibit the performance of ministerial functions, including, but	526
not limited to, the filing or amendment of tax returns,	527
applications for permits and licenses, incorporation papers, and	528
other similar documents.	529

(8) No present or former Ohio casino control commission	530
official shall, during public service or for two years thereafter,	531
represent a client, be employed or compensated by a person	532
regulated by the commission, or act in a representative capacity	533
for any person on any matter before or concerning the commission.	534

No present or former commission employee shall, during public	535
employment or for two years thereafter, represent a client or act	536
in a representative capacity on any matter in which the employee	537
personally participated as a commission employee through decision,	538
approval, disapproval, recommendation, the rendering of advice,	539
investigation, or other substantial exercise of administrative	540
discretion.	541

(B) No present or former public official or employee shall	542
disclose or use, without appropriate authorization, any	543
information acquired by the public official or employee in the	544
course of the public official's or employee's official duties that	545
is confidential because of statutory provisions, or that has been	546
clearly designated to the public official or employee as	547
confidential when that confidential designation is warranted	548
because of the status of the proceedings or the circumstances	549
under which the information was received and preserving its	550
confidentiality is necessary to the proper conduct of government	551
business.	552

(C) No public official or employee shall participate within	553
the scope of duties as a public official or employee, except	554
through ministerial functions as defined in division (A) of this	555
section, in any license or rate-making proceeding that directly	556
affects the license or rates of any person, partnership, trust,	557
business trust, corporation, or association in which the public	558
official or employee or immediate family owns or controls more	559
than five per cent. No public official or employee shall	560
participate within the scope of duties as a public official or	561
employee, except through ministerial functions as defined in	562
division (A) of this section, in any license or rate-making	563
proceeding that directly affects the license or rates of any	564
person to whom the public official or employee or immediate	565
family, or a partnership, trust, business trust, corporation, or	566
association of which the public official or employee or the public	567
official's or employee's immediate family owns or controls more	568
than five per cent, has sold goods or services totaling more than	569
one thousand dollars during the preceding year, unless the public	570
official or employee has filed a written statement acknowledging	571
that sale with the clerk or secretary of the public agency and the	572
statement is entered in any public record of the agency's	573
proceedings. This division shall not be construed to require the	574
disclosure of clients of attorneys or persons licensed under	575
section 4732.12 ~~or 4732.15~~ of the Revised Code, or patients of	576
persons certified under section 4731.14 of the Revised Code.	577

(D) No public official or employee shall use or authorize the	578
use of the authority or influence of office or employment to	579
secure anything of value or the promise or offer of anything of	580
value that is of such a character as to manifest a substantial and	581
improper influence upon the public official or employee with	582
respect to that person's duties.	583

(E) No public official or employee shall solicit or accept	584
anything of value that is of such a character as to manifest a	585
substantial and improper influence upon the public official or	586
employee with respect to that person's duties.	587

(F) No person shall promise or give to a public official or	588
employee anything of value that is of such a character as to	589
manifest a substantial and improper influence upon the public	590
official or employee with respect to that person's duties.	591

(G) In the absence of bribery or another offense under the	592
Revised Code or a purpose to defraud, contributions made to a	593
campaign committee, political party, legislative campaign fund,	594
political action committee, or political contributing entity on	595
behalf of an elected public officer or other public official or	596
employee who seeks elective office shall be considered to accrue	597
ordinarily to the public official or employee for the purposes of	598
divisions (D), (E), and (F) of this section.	599

As used in this division, "contributions," "campaign	600
committee," "political party," "legislative campaign fund,"	601
"political action committee," and "political contributing entity"	602
have the same meanings as in section 3517.01 of the Revised Code.	603

(H)(1) No public official or employee, except for the	604
president or other chief administrative officer of or a member of	605
a board of trustees of a state institution of higher education as	606
defined in section 3345.011 of the Revised Code, who is required	607
to file a financial disclosure statement under section 102.02 of	608
the Revised Code shall solicit or accept, and no person shall give	609
to that public official or employee, an honorarium. Except as	610
provided in division (H)(2) of this section, this division and	611
divisions (D), (E), and (F) of this section do not prohibit a	612
public official or employee who is required to file a financial	613
disclosure statement under section 102.02 of the Revised Code from	614
accepting and do not prohibit a person from giving to that public	615
official or employee the payment of actual travel expenses,	616
including any expenses incurred in connection with the travel for	617
lodging, and meals, food, and beverages provided to the public	618
official or employee at a meeting at which the public official or	619
employee participates in a panel, seminar, or speaking engagement	620
or provided to the public official or employee at a meeting or	621
convention of a national organization to which any state agency,	622
including, but not limited to, any state legislative agency or	623
state institution of higher education as defined in section	624
3345.011 of the Revised Code, pays membership dues. Except as	625
provided in division (H)(2) of this section, this division and	626
divisions (D), (E), and (F) of this section do not prohibit a	627
public official or employee who is not required to file a	628
financial disclosure statement under section 102.02 of the Revised	629
Code from accepting and do not prohibit a person from promising or	630
giving to that public official or employee an honorarium or the	631
payment of travel, meal, and lodging expenses if the honorarium,	632
expenses, or both were paid in recognition of demonstrable	633
business, professional, or esthetic interests of the public	634
official or employee that exist apart from public office or	635
employment, including, but not limited to, such a demonstrable	636
interest in public speaking and were not paid by any person or	637
other entity, or by any representative or association of those	638
persons or entities, that is regulated by, doing business with, or	639
seeking to do business with the department, division, institution,	640
board, commission, authority, bureau, or other instrumentality of	641
the governmental entity with which the public official or employee	642
serves.	643

(2) No person who is a member of the board of a state	644
retirement system, a state retirement system investment officer,	645
or an employee of a state retirement system whose position	646
involves substantial and material exercise of discretion in the	647
investment of retirement system funds shall solicit or accept, and	648
no person shall give to that board member, officer, or employee,	649
payment of actual travel expenses, including expenses incurred	650
with the travel for lodging, meals, food, and beverages.	651

(I) A public official or employee may accept travel, meals,	652
and lodging or expenses or reimbursement of expenses for travel,	653
meals, and lodging in connection with conferences, seminars, and	654
similar events related to official duties if the travel, meals,	655
and lodging, expenses, or reimbursement is not of such a character	656
as to manifest a substantial and improper influence upon the	657
public official or employee with respect to that person's duties.	658
The house of representatives and senate, in their code of ethics,	659
and the Ohio ethics commission, under section 111.15 of the	660
Revised Code, may adopt rules setting standards and conditions for	661
the furnishing and acceptance of such travel, meals, and lodging,	662
expenses, or reimbursement.	663

A person who acts in compliance with this division and any	664
applicable rules adopted under it, or any applicable, similar	665
rules adopted by the supreme court governing judicial officers and	666
employees, does not violate division (D), (E), or (F) of this	667
section. This division does not preclude any person from seeking	668
an advisory opinion from the appropriate ethics commission under	669
section 102.08 of the Revised Code.	670

(J) For purposes of divisions (D), (E), and (F) of this	671
section, the membership of a public official or employee in an	672
organization shall not be considered, in and of itself, to be of	673
such a character as to manifest a substantial and improper	674
influence on the public official or employee with respect to that	675
person's duties. As used in this division, "organization" means a	676
church or a religious, benevolent, fraternal, or professional	677
organization that is tax exempt under subsection 501(a) and	678
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	679
"Internal Revenue Code of 1986." This division does not apply to a	680
public official or employee who is an employee of an organization,	681
serves as a trustee, director, or officer of an organization, or	682
otherwise holds a fiduciary relationship with an organization.	683
This division does not allow a public official or employee who is	684
a member of an organization to participate, formally or	685
informally, in deliberations, discussions, or voting on a matter	686
or to use ~~his~~the public official's or employee's official	687
position with regard to the interests of the organization on the	688
matter if the public official or employee has assumed a particular	689
responsibility in the organization with respect to the matter or	690
if the matter would affect that person's personal, pecuniary	691
interests.	692

(K) It is not a violation of this section for a prosecuting	693
attorney to appoint assistants and employees in accordance with	694
division (B) of section 309.06 and section 2921.421 of the Revised	695
Code, for a chief legal officer of a municipal corporation or an	696
official designated as prosecutor in a municipal corporation to	697
appoint assistants and employees in accordance with sections	698
733.621 and 2921.421 of the Revised Code, for a township law	699
director appointed under section 504.15 of the Revised Code to	700
appoint assistants and employees in accordance with sections	701
504.151 and 2921.421 of the Revised Code, or for a coroner to	702
appoint assistants and employees in accordance with division (B)	703
of section 313.05 of the Revised Code.	704

As used in this division, "chief legal officer" has the same	705
meaning as in section 733.621 of the Revised Code.	706

(L) No present public official or employee with a casino	707
gaming regulatory function shall indirectly invest, by way of an	708
entity the public official or employee has an ownership interest	709
or control in, or directly invest in a casino operator, management	710
company, holding company, casino facility, or gaming-related	711
vendor. No present public official or employee with a casino	712
gaming regulatory function shall directly or indirectly have a	713
financial interest in, have an ownership interest in, be the	714
creditor or hold a debt instrument issued by, or have an interest	715
in a contractual or service relationship with a casino operator,	716
management company, holding company, casino facility, or	717
gaming-related vendor. This section does not prohibit or limit	718
permitted passive investing by the public official or employee.	719

As used in this division, "passive investing" means	720
investment by the public official or employee by means of a mutual	721
fund in which the public official or employee has no control of	722
the investments or investment decisions. "Casino operator,"	723
"holding company," "management company," "casino facility," and	724
"gaming-related vendor" have the same meanings as in section	725
3772.01 of the Revised Code.	726

(M) A member of the Ohio casino control commission, the	727
executive director of the commission, or an employee of the	728
commission shall not:	729

(1) Accept anything of value, including but not limited to a	730
gift, gratuity, emolument, or employment from a casino operator,	731
management company, or other person subject to the jurisdiction of	732
the commission, or from an officer, attorney, agent, or employee	733
of a casino operator, management company, or other person subject	734
to the jurisdiction of the commission;	735

(2) Solicit, suggest, request, or recommend, directly or	736
indirectly, to a casino operator, management company, or other	737
person subject to the jurisdiction of the commission, or to an	738
officer, attorney, agent, or employee of a casino operator,	739
management company, or other person subject to the jurisdiction of	740
the commission, the appointment of a person to an office, place,	741
position, or employment;	742

(3) Participate in casino gaming or any other amusement or	743
activity at a casino facility in this state or at an affiliate	744
gaming facility of a licensed casino operator, wherever located.	745

In addition to the penalty provided in section 102.99 of the	746
Revised Code, whoever violates division (M)(1), (2), or (3) of	747
this section forfeits the individual's office or employment.	748

Sec. 2152.54. (A) An evaluation of a child who does not	749
appear to the court to be a person who is at least moderately	750
intellectually disabled shall be made by an evaluator who is one	751
of the following:	752

(1) A professional employed by a psychiatric facility or	753
center certified by the department of mental health to provide	754
forensic services and appointed by the director of the facility or	755
center to conduct the evaluation;	756

(2) A psychiatrist or a licensed clinical psychologist who	757
satisfies the criteria of division (I)~~(1)~~ of section 5122.01 of	758
the Revised Code and has specialized education, training, or	759
experience in forensic evaluations of children or adolescents.	760

(B) An evaluation of a child who appears to the court to be a	761
person who is at least moderately intellectually disabled shall be	762
made by a psychiatrist or licensed clinical psychologist who	763
satisfies the criteria of division (I)~~(1)~~ of section 5122.01 of	764
the Revised Code and has specialized education, training, or	765
experience in forensic evaluations of children or adolescents who	766
have intellectual disability.	767

(C) If an evaluation is conducted by an evaluator of the type	768
described in division (A)(1) or (2) of this section and the	769
evaluator concludes that the child is a person who is at least	770
moderately intellectually disabled, the evaluator shall	771
discontinue the evaluation and notify the court within one	772
business day after reaching the conclusion. Within two business	773
days after receiving notification, the court shall order the child	774
to undergo an evaluation by an evaluator of the type described in	775
division (B) of this section. Within two business days after the	776
appointment of the new evaluator, the original evaluator shall	777
deliver to the new evaluator all information relating to the child	778
obtained during the original evaluation.	779

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	780
violation of section 2919.27 of the Revised Code or of a municipal	781
ordinance that is substantially similar to that section, the court	782
may order an evaluation of the mental condition of the defendant	783
if the court determines that either of the following criteria	784
apply:	785

(i) If the alleged violation is a violation of a protection	786
order issued or consent agreement approved pursuant to section	787
2919.26 or 3113.31 of the Revised Code, that the violation	788
allegedly involves conduct by the defendant that caused physical	789
harm to the person or property of a family or household member	790
covered by the order or agreement, or conduct by the defendant	791
that caused a family or household member to believe that the	792
defendant would cause physical harm to that member or that	793
member's property.	794

(ii) If the alleged violation is a violation of a protection	795
order issued pursuant to section 2903.213 or 2903.214 of the	796
Revised Code or a protection order issued by a court of another	797
state, that the violation allegedly involves conduct by the	798
defendant that caused physical harm to the person or property of	799
the person covered by the order, or conduct by the defendant that	800
caused the person covered by the order to believe that the	801
defendant would cause physical harm to that person or that	802
person's property.	803

(b) If a defendant is charged with a violation of section	804
2903.211 of the Revised Code or of a municipal ordinance that is	805
substantially similar to that section, the court may order an	806
evaluation of the mental condition of the defendant.	807

(2) An evaluation ordered under division (A)(1) of this	808
section shall be completed no later than thirty days from the date	809
the order is entered pursuant to that division. In that order, the	810
court shall do either of the following:	811

(a) Order that the evaluation of the mental condition of the	812
defendant be preceded by an examination conducted either by a	813
forensic center that is designated by the department of mental	814
health to conduct examinations and make evaluations of defendants	815
charged with violations of section 2903.211 or 2919.27 of the	816
Revised Code or of substantially similar municipal ordinances in	817
the area in which the court is located, or by any other program or	818
facility that is designated by the department of mental health or	819
the department of developmental disabilities to conduct	820
examinations and make evaluations of defendants charged with	821
violations of section 2903.211 or 2919.27 of the Revised Code or	822
of substantially similar municipal ordinances, and that is	823
operated by either department or is certified by either department	824
as being in compliance with the standards established under	825
division (H) of section 5119.01 of the Revised Code or division	826
(C) of section 5123.04 of the Revised Code.	827

(b) Designate a center, program, or facility other than one	828
designated by the department of mental health or the department of	829
developmental disabilities, as described in division (A)(2)(a) of	830
this section, to conduct the evaluation and preceding examination	831
of the mental condition of the defendant.	832

Whether the court acts pursuant to division (A)(2)(a) or (b)	833
of this section, the court may designate examiners other than the	834
personnel of the center, program, facility, or department involved	835
to make the evaluation and preceding examination of the mental	836
condition of the defendant.	837

(B) If the court considers that additional evaluations of the	838
mental condition of a defendant are necessary following the	839
evaluation authorized by division (A) of this section, the court	840
may order up to two additional similar evaluations. These	841
evaluations shall be completed no later than thirty days from the	842
date the applicable court order is entered. If more than one	843
evaluation of the mental condition of the defendant is ordered	844
under this division, the prosecutor and the defendant may	845
recommend to the court an examiner whom each prefers to perform	846
one of the evaluations and preceding examinations.	847

(C)(1) The court may order a defendant who has been released	848
on bail to submit to an examination under division (A) or (B) of	849
this section. The examination shall be conducted either at the	850
detention facility in which the defendant would have been confined	851
if the defendant had not been released on bail, or, if so	852
specified by the center, program, facility, or examiners involved,	853
at the premises of the center, program, or facility. Additionally,	854
the examination shall be conducted at the times established by the	855
examiners involved. If such a defendant refuses to submit to an	856
examination or a complete examination as required by the court or	857
the center, program, facility, or examiners involved, the court	858
may amend the conditions of the bail of the defendant and order	859
the sheriff to take the defendant into custody and deliver the	860
defendant to the detention facility in which the defendant would	861
have been confined if the defendant had not been released on bail,	862
or, if so specified by the center, program, facility, or examiners	863
involved, to the premises of the center, program, or facility, for	864
purposes of the examination.	865

(2) A defendant who has not been released on bail shall be	866
examined at the detention facility in which the defendant is	867
confined or, if so specified by the center, program, facility, or	868
examiners involved, at the premises of the center, program, or	869
facility.	870

(D) The examiner of the mental condition of a defendant under	871
division (A) or (B) of this section shall file a written report	872
with the court within thirty days after the entry of an order for	873
the evaluation of the mental condition of the defendant. The	874
report shall contain the findings of the examiner; the facts in	875
reasonable detail on which the findings are based; the opinion of	876
the examiner as to the mental condition of the defendant; the	877
opinion of the examiner as to whether the defendant represents a	878
substantial risk of physical harm to other persons as manifested	879
by evidence of recent homicidal or other violent behavior,	880
evidence of recent threats that placed other persons in reasonable	881
fear of violent behavior and serious physical harm, or evidence of	882
present dangerousness; and the opinion of the examiner as to the	883
types of treatment or counseling that the defendant needs. The	884
court shall provide copies of the report to the prosecutor and	885
defense counsel.	886

(E) The costs of any evaluation and preceding examination of	887
a defendant that is ordered pursuant to division (A) or (B) of	888
this section shall be taxed as court costs in the criminal case.	889

(F) If the examiner considers it necessary in order to make	890
an accurate evaluation of the mental condition of a defendant, an	891
examiner under division (A) or (B) of this section may request any	892
family or household member of the defendant to provide the	893
examiner with information. A family or household member may, but	894
is not required to, provide information to the examiner upon	895
receipt of the request.	896

(G) As used in this section:

897

(1) "Bail" includes a recognizance.

898

(2) "Examiner" means a psychiatrist, a licensed independent	899
social worker who is employed by a forensic center that is	900
certified as being in compliance with the standards established	901
under division (H) of section 5119.01 or division (C) of section	902
5123.04 of the Revised Code, a licensed professional clinical	903
counselor who is employed at a forensic center that is certified	904
as being in compliance with such standards, or a licensed clinical	905
psychologist, except that in order to be an examiner, a licensed	906
clinical psychologist shall meet the criteria of division (I)~~(1)~~	907
of section 5122.01 of the Revised Code or be employed to conduct	908
examinations by the department of mental health or by a forensic	909
center certified as being in compliance with the standards	910
established under division (H) of section 5119.01 or division (C)	911
of section 5123.04 of the Revised Code that is designated by the	912
department of mental health.	913

(3) "Family or household member" has the same meaning as in	914
section 2919.25 of the Revised Code.	915

(4) "Prosecutor" has the same meaning as in section 2935.01	916
of the Revised Code.	917

(5) "Psychiatrist" and "licensed clinical psychologist" have	918
the same meanings as in section 5122.01 of the Revised Code.	919

(6) "Protection order issued by a court of another state" has	920
the same meaning as in section 2919.27 of the Revised Code.	921

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	922
the Revised Code:	923

(1) "Prosecutor" means a prosecuting attorney or a city	924
director of law, village solicitor, or similar chief legal officer	925
of a municipal corporation who has authority to prosecute a	926
criminal case that is before the court or the criminal case in	927
which a defendant in a criminal case has been found incompetent to	928
stand trial or not guilty by reason of insanity.	929

(2) "Examiner" means either of the following:

930

(a) A psychiatrist or a licensed clinical psychologist who	931
satisfies the criteria of division (I)~~(1)~~ of section 5122.01 of	932
the Revised Code or is employed by a certified forensic center	933
designated by the department of mental health to conduct	934
examinations or evaluations.	935

(b) For purposes of a separate mental retardation evaluation	936
that is ordered by a court pursuant to division (H) of section	937
2945.371 of the Revised Code, a psychologist designated by the	938
director of developmental disabilities pursuant to that section to	939
conduct that separate mental retardation evaluation.	940

(3) "Nonsecured status" means any unsupervised, off-grounds	941
movement or trial visit from a hospital or institution, or any	942
conditional release, that is granted to a person who is found	943
incompetent to stand trial and is committed pursuant to section	944
2945.39 of the Revised Code or to a person who is found not guilty	945
by reason of insanity and is committed pursuant to section 2945.40	946
of the Revised Code.	947

(4) "Unsupervised, off-grounds movement" includes only	948
off-grounds privileges that are unsupervised and that have an	949
expectation of return to the hospital or institution on a daily	950
basis.	951

(5) "Trial visit" means a patient privilege of a longer	952
stated duration of unsupervised community contact with an	953
expectation of return to the hospital or institution at designated	954
times.	955

(6) "Conditional release" means a commitment status under	956
which the trial court at any time may revoke a person's	957
conditional release and order the rehospitalization or	958
reinstitutionalization of the person as described in division (A)	959
of section 2945.402 of the Revised Code and pursuant to which a	960
person who is found incompetent to stand trial or a person who is	961
found not guilty by reason of insanity lives and receives	962
treatment in the community for a period of time that does not	963
exceed the maximum prison term or term of imprisonment that the	964
person could have received for the offense in question had the	965
person been convicted of the offense instead of being found	966
incompetent to stand trial on the charge of the offense or being	967
found not guilty by reason of insanity relative to the offense.	968

(7) "Licensed clinical psychologist," "mentally ill person	969
subject to hospitalization by court order," and "psychiatrist"	970
have the same meanings as in section 5122.01 of the Revised Code.	971

(8) "Mentally retarded person subject to institutionalization	972
by court order" has the same meaning as in section 5123.01 of the	973
Revised Code.	974

(B) In a criminal action in a court of common pleas, a county	975
court, or a municipal court, the court, prosecutor, or defense may	976
raise the issue of the defendant's competence to stand trial. If	977
the issue is raised before the trial has commenced, the court	978
shall hold a hearing on the issue as provided in this section. If	979
the issue is raised after the trial has commenced, the court shall	980
hold a hearing on the issue only for good cause shown or on the	981
court's own motion.	982

(C) The court shall conduct the hearing required or	983
authorized under division (B) of this section within thirty days	984
after the issue is raised, unless the defendant has been referred	985
for evaluation in which case the court shall conduct the hearing	986
within ten days after the filing of the report of the evaluation	987
or, in the case of a defendant who is ordered by the court	988
pursuant to division (H) of section 2945.371 of the Revised Code	989
to undergo a separate mental retardation evaluation conducted by a	990
psychologist designated by the director of developmental	991
disabilities, within ten days after the filing of the report of	992
the separate mental retardation evaluation under that division. A	993
hearing may be continued for good cause.	994

(D) The defendant shall be represented by counsel at the	995
hearing conducted under division (C) of this section. If the	996
defendant is unable to obtain counsel, the court shall appoint	997
counsel under Chapter 120. of the Revised Code or under the	998
authority recognized in division (C) of section 120.06, division	999
(E) of section 120.16, division (E) of section 120.26, or section	1000
2941.51 of the Revised Code before proceeding with the hearing.	1001

(E) The prosecutor and defense counsel may submit evidence on	1002
the issue of the defendant's competence to stand trial. A written	1003
report of the evaluation of the defendant may be admitted into	1004
evidence at the hearing by stipulation, but, if either the	1005
prosecution or defense objects to its admission, the report may be	1006
admitted under sections 2317.36 to 2317.38 of the Revised Code or	1007
any other applicable statute or rule.	1008

(F) The court shall not find a defendant incompetent to stand	1009
trial solely because the defendant is receiving or has received	1010
treatment as a voluntary or involuntary mentally ill patient under	1011
Chapter 5122. or a voluntary or involuntary mentally retarded	1012
resident under Chapter 5123. of the Revised Code or because the	1013
defendant is receiving or has received psychotropic drugs or other	1014
medication, even if the defendant might become incompetent to	1015
stand trial without the drugs or medication.	1016

(G) A defendant is presumed to be competent to stand trial.	1017
If, after a hearing, the court finds by a preponderance of the	1018
evidence that, because of the defendant's present mental	1019
condition, the defendant is incapable of understanding the nature	1020
and objective of the proceedings against the defendant or of	1021
assisting in the defendant's defense, the court shall find the	1022
defendant incompetent to stand trial and shall enter an order	1023
authorized by section 2945.38 of the Revised Code.	1024

(H) Municipal courts shall follow the procedures set forth in	1025
sections 2945.37 to 2945.402 of the Revised Code. Except as	1026
provided in section 2945.371 of the Revised Code, a municipal	1027
court shall not order an evaluation of the defendant's competence	1028
to stand trial or the defendant's mental condition at the time of	1029
the commission of the offense to be conducted at any hospital	1030
operated by the department of mental health. Those evaluations	1031
shall be performed through community resources including, but not	1032
limited to, certified forensic centers, court probation	1033
departments, and community mental health agencies. All expenses of	1034
the evaluations shall be borne by the legislative authority of the	1035
municipal court, as defined in section 1901.03 of the Revised	1036
Code, and shall be taxed as costs in the case. If a defendant is	1037
found incompetent to stand trial or not guilty by reason of	1038
insanity, a municipal court may commit the defendant as provided	1039
in sections 2945.38 to 2945.402 of the Revised Code.	1040

Sec. 4732.01. As used in sections 4732.01 to 4732.25 of the	1041
Revised Code:	1042

(A) "Psychologist" means any person who holds self out to the	1043
public by any title or description of services incorporating the	1044
words "psychologic," "psychological," "psychologist,"	1045
"psychology," or any other terms that imply the person is trained,	1046
experienced, or an expert in the field of psychology.	1047

(B) "The practice of psychology" means rendering or offering	1048
to render to individuals, groups, organizations, or the public any	1049
service involving the application of psychological procedures to	1050
assessment, diagnosis, prevention, treatment, or amelioration of	1051
psychological problems or emotional or mental disorders of	1052
individuals or groups; or to the assessment or improvement of	1053
psychological adjustment or functioning of individuals or groups,	1054
whether or not there is a diagnosable pre-existing psychological	1055
problem. Practice of psychology includes the practice of school	1056
psychology. For purposes of this chapter, teaching or research	1057
shall not be regarded as the practice of psychology, even when	1058
dealing with psychological subject matter, provided it does not	1059
otherwise involve the professional practice of psychology in which	1060
~~patient or client~~an individual's welfare is directly affected by	1061
the application of psychological procedures.	1062

(C) "Psychological procedures" include but are not restricted	1063
to application of principles, methods, or procedures of	1064
understanding, predicting, or influencing behavior, such as the	1065
principles pertaining to learning, conditioning, perception,	1066
motivation, thinking, emotions, or interpersonal relationships;	1067
the methods or procedures of verbal interaction, interviewing,	1068
counseling, behavior modification, environmental manipulation,	1069
group process, psychological psychotherapy, or hypnosis; and the	1070
methods or procedures of administering or interpreting tests of	1071
mental abilities, aptitudes, interests, attitudes, personality	1072
characteristics, emotions, or motivation.	1073

(D) "School psychologist" means any person who holds self out	1074
to the public by any title or description of services	1075
incorporating the words "school psychologist" or "school	1076
psychology," or who holds self out to be trained, experienced, or	1077
an expert in the practice of school psychology.	1078

(E) "Practice of school psychology" means rendering or	1079
offering to render to individuals, groups, organizations, or the	1080
public any of the following services:	1081

(1) Evaluation, diagnosis, or test interpretation limited to	1082
assessment of intellectual ability, learning patterns,	1083
achievement, motivation, behavior, or personality factors directly	1084
related to learning problems ~~in an educational setting~~;	1085

(2) ~~Counseling~~Intervention services, including counseling,	1086
for children or adults for amelioration or prevention of	1087
educationally related learning problems, including emotional and	1088
behavioral aspects of such problems;	1089

(3) ~~Educational~~Psychological, educational, or vocational	1090
consultation or direct educational services. This does not include	1091
industrial consultation or counseling services to clients	1092
undergoing vocational rehabilitation.	1093

(F) "Licensed psychologist" means an individual holding a	1094
current, valid license to practice psychology issued under section	1095
4732.12 or 4732.15 of the Revised Code.	1096

~~(G)~~ "~~Licensed school~~School psychologist licensed by the	1097
state board of psychology" means an individual holding a current,	1098
valid license to practice school psychology issued under section	1099
4732.12 or 4732.15 of the Revised Code.	1100

~~(H)~~ "~~Certificated school~~School psychologist licensed by the	1101
state board of education" means an individual holding a current,	1102
valid school psychologist ~~certificate~~license issued under	1103
~~division (M) of~~rules adopted under section 3319.22 of the Revised	1104
Code.	1105

~~(I)~~ "Mental health professional" and "mental health service"	1106
have the same meanings as in section 2305.51 of the Revised Code.	1107

(G) "Telepsychology" means the practice of psychology or	1108
school psychology by distance communication technology, including	1109
telephone, electronic mail, internet-based communications, and	1110
video conferencing.	1111

Sec. 4732.02. The governor, with the advice and consent of	1112
the senate, shall appoint a state board of psychology consisting	1113
of nine persons who are citizens of the United States and	1114
residents of this state. Three members shall be patient advocates	1115
who are not mental health professionals and who either are parents	1116
or other relatives of a person who has received or is receiving	1117
mental health services or are representatives of organizations	1118
that represent persons who have received or are receiving mental	1119
health services. At least one patient advocate member shall be a	1120
parent or other relative of a mental health service recipient, and	1121
at least one patient advocate member shall be a representative of	1122
an organization representing mental health service recipients.	1123
Each of the remaining members shall be a licensed psychologist or	1124
a ~~licensed~~ school psychologist licensed by the state board of	1125
psychology. ~~The terms of the licensed psychologist and licensed~~	1126
~~school psychologist members that are in effect on the effective~~	1127
~~date of this amendment shall continue as under the law in effect~~	1128
~~prior to~~ ~~the effective date of this amendment~~. Of the patient	1129
advocate members whose positions are created on ~~the effective date~~	1130
~~of this amendment~~, one shall replace the current member who is not	1131
a psychologist or other health professional at the end of that	1132
member's term, one shall be appointed for a term that ends on	1133
October 5, 2003, and one shall be appointed for a term that ends	1134
on October 5, 2006. Thereafter, termsTerms of office for all	1135
members shall be for five years, commencing on the sixth day of	1136
October and ending on the fifth day of October. Each member shall	1137
hold office from the date of appointment until the end of the term	1138
for which the member was appointed. Any member appointed to fill a	1139
vacancy occurring prior to the expiration of the term for which	1140
the member's predecessor was appointed shall hold office for the	1141
remainder of such term. Any member shall continue in office	1142
subsequent to the expiration date of the member's term until the	1143
member's successor takes office, or until a period of sixty days	1144
has elapsed, whichever occurs first. No person shall be appointed	1145
to more than two five-year terms in succession. The licensed	1146
psychologist and licensed school psychologist members of the board	1147
shall be so chosen that they represent the diverse fields of	1148
specialization and practice in the profession of psychology and	1149
the profession of school psychology. The governor may make such	1150
appointments from lists submitted annually by the Ohio	1151
psychological association ~~and by~~, the Ohio school psychologists	1152
association, and the Ohio association of black psychologists. A	1153
vacancy in an unexpired term shall be filled in the same manner as	1154
the original appointment.	1155

The governor may remove any member for malfeasance,	1156
misfeasance, or nonfeasance after a hearing in accordance with	1157
Chapter 119. of the Revised Code. The governor shall remove, after	1158
a hearing in accordance with Chapter 119. of the Revised Code, any	1159
member who has been convicted of or pleaded guilty to the	1160
commission of a felony offense under any law of this state,	1161
another state, or the United States. No person may be appointed to	1162
the board who has been convicted of or pleaded guilty to a felony	1163
offense under any law of this state, another state, or the United	1164
States.	1165

Sec. 4732.03. The state board of psychology shall organize	1166
within thirty days after its members have been appointed by the	1167
governor. The board shall elect a president and a secretary from	1168
its members to serve for terms of one year. The president and the	1169
secretary may administer oaths. A majority of the board	1170
constitutes a quorum. ~~The secretary shall be compensated for his~~	1171
~~necessary expenses incurred in the performance of his official~~	1172
~~duties.~~	1173

Sec. 4732.05. The members of the state board of psychology	1174
and the members of the school psychology examination committee	1175
shall receive an hourly amount fixed under division (J) of section	1176
124.15 of the Revised Code for ~~each day employed~~time expended in	1177
the discharge of their official duties, and their necessary	1178
expenses while engaged therein.	1179

Sec. 4732.06. The principal office of the state board of	1180
psychology shall be in Columbus, but it may meet or conduct	1181
business at any place in this state. The board may empower any one	1182
or more of its members to conduct any proceeding, hearing, or	1183
investigation necessary to its purposes. The board shall meet at	1184
least twice annually and at such other times as it determines.	1185
Special meetings may be called by the president and shall be	1186
called by the secretary upon the written request of two members.	1187
The board shall not conduct business by teleconference except as	1188
provided in division (E)(1) of section 4732.17 of the Revised	1189
Code.	1190

The board shall make such rules as are necessary to conduct	1191
its business.	1192

The board ~~may~~shall employ ~~such~~an executive director,	1193
investigators, and administrative assistants ~~and clerical help~~ as	1194
are necessary to administer and enforce this chapter.	1195

Sec. 4732.07. The state board of psychology shall keep a	1196
record of its proceedings and a register of applicants for	1197
licenses. The books and records of the board shall be prima-facie	1198
evidence of the matters therein contained. ~~Such records shall~~	1199
~~include applicants' written examination papers.~~	1200

Sec. 4732.09. Each person who desires to practice psychology	1201
or school psychology shall file with the ~~secretary~~executive	1202
director of the state board of psychology a written application,	1203
under oath, on a form prescribed by the board.	1204

Sec. 4732.10. (A) The state board of psychology shall	1205
appoint an entrance examiner who shall determine the sufficiency	1206
of an applicant's qualifications for admission to the appropriate	1207
examination. A member of the board or the executive director may	1208
be appointed as the entrance examiner.	1209

(B) Requirements for admission to examination for a	1210
psychologist license shall be that the applicant:	1211

(1) Is at least twenty-one years of age;

1212

(2) Is of good moral character;

1213

(3) ~~Is a citizen of the United States or has legally declared~~	1214
~~the intention of becoming such;~~	1215

~~(4)~~ Meets one of the following requirements ~~of division~~	1216
~~(B)(4)(a), (b), (c), or (d) of this section~~:	1217

(a) Received an earned doctoral degree from an institution	1218
accredited or recognized by a national or regional accrediting	1219
agency and a program accredited by any of the following:	1220

(i) The American psychological association, office of program	1221
consultation and accreditation;	1222

(ii) The accreditation office of the Canadian psychological	1223
association;	1224

(iii) A program listed by the association of state and	1225
provincial psychology boards/national register designation	1226
committee;	1227

(iv) The national association of school psychologists.

1228

(b) Received from an academic institution outside of the	1229
United States or Canada a degree determined, under rules adopted	1230
by the board under division (E) of this section, to be equivalent	1231
to a doctoral degree in psychology from a program described in	1232
division (B)~~(4)~~(3)(a) of this section;	1233

(c) Held a psychologist license, certificate, or registration	1234
required for practice in another United States or Canadian	1235
jurisdiction for a minimum of ten years and meets educational,	1236
experience, and professional requirements established under rules	1237
adopted by the board.	1238

(d) Enrolled, not later than sixty days after ~~the effective~~	1239
~~date of this amendment~~April 7, 2009, in an educational	1240
institution accredited or recognized by national or regional	1241
accrediting agencies as maintaining satisfactory standards and not	1242
later than eight years after ~~the effective date of this amendment~~	1243
April 7, 2009, received an earned doctoral degree in psychology,	1244
or school psychology~~, or a doctoral degree deemed equivalent by~~	1245
~~the board~~.	1246

~~(5)~~(4) Has had at least two years of supervised professional	1247
experience in psychological work of a type satisfactory to the	1248
board, at least one year of which must be a predoctoral	1249
internship. The	1250

~~The~~ board shall adopt guidelines for the kind of supervised	1251
professional experience which fulfill ~~the~~this requirement of	1252
~~division (B)(5) of this section~~.	1253

(C) Requirements for admission to examination for a school	1254
psychologist license shall be that the applicant:	1255

(1) Has received from an educational institution accredited	1256
or recognized by national or regional accrediting agencies as	1257
maintaining satisfactory standards, including those approved by	1258
the state board of education for the training of school	1259
psychologists, at least a master's degree in school psychology, or	1260
a degree considered equivalent by the board;	1261

(2) Is at least twenty-one years of age;

1262

(3) Is of good moral character;

1263

(4) ~~Is a citizen of the United States or has legally declared~~	1264
~~the intention of becoming such;~~	1265

~~(5)~~ Has completed at least sixty quarter hours, or the	1266
semester hours equivalent, at the graduate level, of accredited	1267
study in course work relevant to the study of school psychology;	1268

~~(6)~~(5) Has completed an internship in an educational	1269
institution approved by the Ohio department of education for	1270
school psychology supervised experience or one year of other	1271
training experience acceptable to the board, such as supervised	1272
professional experience under the direction of a licensed	1273
psychologist or licensed school psychologist;	1274

~~(7)~~(6) Furnishes proof of at least twenty-seven months,	1275
exclusive of internship, of full-time experience as a certificated	1276
school psychologist employed by a board of education or a private	1277
school meeting the standards prescribed by the state board of	1278
education, or of experience which the board deems equivalent.	1279

(D) If the entrance examiner finds that the applicant meets	1280
the requirements set forth in this section, the applicant shall be	1281
admitted to the appropriate examination.	1282

(E) The board shall adopt under Chapter 119. of the Revised	1283
Code rules for determining for the purposes of division	1284
(B)~~(4)~~(3)(b) of this section whether a degree is equivalent to a	1285
degree in psychology from an institution in the United States.	1286

Sec. 4732.11. ~~License examinations shall be conducted under~~	1287
~~rules prescribed by the state board of psychology.~~(A)(1) Each	1288
applicant ~~shall be examined for knowledge in whatever theoretical~~	1289
~~or applied fields of psychology the board considers appropriate.~~	1290
~~The examination for the school psychologist license shall be~~	1291
~~prepared and administered by a~~for a license to practice as a	1292
psychologist shall be required to earn a score acceptable to the	1293
state board of psychology on an examination selected by the board.	1294
The applicant shall follow all necessary procedures and pay all	1295
necessary fees for the examination. An applicant who fails to earn	1296
a score acceptable to the board may be admitted to a subsequent	1297
examination no less than thirty days after the initial	1298
examination. After failing to earn a passing score three	1299
consecutive times, an applicant may not be admitted to the	1300
examination for a period of six months following the third	1301
examination attempt. An applicant who fails to achieve an	1302
acceptable score in nine attempts is not eligible for additional	1303
admissions to the examination, and the application shall be	1304
permanently closed.	1305

An applicant who achieves an acceptable score on the	1306
examination selected by the board as a candidate in another state	1307
or Canadian province before or after submitting an application to	1308
the board must cause the score to be submitted directly to the	1309
board's executive director.	1310

(2) The board may also require that an applicant for a	1311
license to practice as a psychologist earn a passing score on an	1312
examination that covers one or more of the following:	1313

(a) Chapter 4732. of the Revised Code;

1314

(b) Rules promulgated under Chapter 4732. of the Revised	1315
Code;	1316

1317

(d) Professional ethical principles;

1318

(e) Professional standards of care.

1319

The examination may be administered orally or in writing in	1320
accordance with rules adopted by the board.	1321

(B)(1) Each applicant for a license to practice as a school	1322
psychologist licensed by the state board of psychology shall be	1323
required to earn a score acceptable to the board on an examination	1324
selected by the board. The applicant shall follow all necessary	1325
procedures and pay all necessary fees for the examination.	1326

(2) The board may also require that an applicant for a	1327
license to practice as a school psychologist licensed by the state	1328
board of psychology earn a passing score on an examination that	1329
covers one or more of the following:	1330

(a) Chapter 4732. of the Revised Code;

1331

(b) Rules promulgated under Chapter 4732. of the Revised	1332
Code;	1333

1334

(d) Professional ethical principles;

1335

(e) Professional standards of care.

1336

The examination may be administered orally or in writing in	1337
accordance with rules adopted by the board.	1338

(C) The board may establish procedures designed to expose	1339
applicants to the subject matter of the examinations described in	1340
divisions (A)(2) and (B)(2) of this section.	1341

(D) The board shall appoint a school psychology ~~licensing~~	1342
examination committee responsible to the board ~~and consisting~~. The	1343
committee shall consist of five ~~licensed~~ school psychologists or	1344
~~licensed psychologistswhoshall be certificated school~~	1345
~~psychologists~~each of whom holds either of the following:	1346

(1) A school psychologist license issued under this chapter;

1347

(2) A psychologist license issued under this chapter and a	1348
certificate or license issued by the state board of education.	1349

Committee members shall be appointed by the state board of	1350
psychology for staggered five-year terms, according to rules	1351
adopted by ~~the~~that board. The board may delegate to the committee	1352
authority to develop the examination described in division (B)(2)	1353
of this section and any procedures to be established under	1354
division (C) of this section.	1355

~~Examinations shall be given at least twice annually at such~~	1356
~~time and place and under such supervision as the board prescribes.~~	1357
~~Except as provided in section 4732.16 of the Revised Code, each~~	1358
~~applicant shall pay an application and license fee established by~~	1359
~~the board of not less than seventy-five nor more than one hundred~~	1360
~~fifty dollars, no part of which shall be returned. If an applicant~~	1361
~~fails an examination, he may be admitted, after no less than six~~	1362
~~months, to a subsequent examination upon payment of an additional~~	1363
~~fee as established by the board. After failing three examinations,~~	1364
~~a person is not eligible for licensure until he completes such~~	1365
~~additional training as the board prescribes.~~	1366

Sec. 4732.12. ~~The state board of psychology shall grade~~	1367
~~examinations conducted under section 4732.11 of the Revised Code~~	1368
~~and uniformly apply such standards as it considers appropriate in~~	1369
~~determining the level of competence necessary for a passing score.~~	1370
~~The level of competence necessary for a passing score for the~~	1371
~~school psychologist examination shall be determined by the school~~	1372
~~psychology examining committee.~~ If an applicant ~~passes~~for a	1373
license issued by the state board of psychology to practice as a	1374
psychologist or school psychologist receives a score acceptable to	1375
the board on the appropriate examination required by section	1376
4732.11 of the Revised Code and has paid the ~~required~~ fee required	1377
by section 4732.15 of the Revised Code, the board shall issue the	1378
appropriate license.	1379

Sec. 4732.13. A license issued by the state board of	1380
psychology shall remain ~~in effect~~active until it expires pursuant	1381
to section 4732.14 of the Revised Code, or is suspended or,	1382
revoked, or placed in retired status. ~~A current, valid~~An active	1383
psychologist license shall entitle the holder to practice	1384
psychology. ~~A current, valid~~An active school psychologist	1385
license shall entitle the holder to practice school psychology.	1386

Sec. 4732.14. (A) On or before the thirty-first day of	1387
August of each even-numbered year, each person ~~licensed~~who holds	1388
an active license issued by the state board of psychology shall	1389
register with the board ~~on a form~~in a format and manner	1390
prescribed by the board, giving the person's name, address,	1391
license number, the continuing education information required by	1392
section 4732.141 of the Revised Code, and such other reasonable	1393
information as the board requires~~, and~~. The person shall pay to	1394
the board ~~secretary~~ a biennial registration fee ~~in an amount~~	1395
~~determined by the board, but not to exceed two~~, as follows:	1396

(1) From the effective date of this amendment through June	1397
30, 2014, three hundred ~~seventy-five~~fifty dollars ~~in fiscal year~~	1398
~~2000 and~~;	1399

(2) From July 1, 2014, through June 30, 2018, three hundred	1400
~~fifty~~sixty dollars ~~in each fiscal year thereafter~~;	1401

(3) July 1, 2018, and thereafter three hundred sixty-five	1402
dollars. A	1403

A person licensed for the first time on or before the	1404
~~thirty-first~~thirtieth day of ~~August~~September of an even-numbered	1405
year shall next be required to register on or before the	1406
~~thirty-first~~thirtieth day of ~~August~~September of the next	1407
even-numbered year.	1408

(B) Before the first day of August of each even-numbered	1409
year, the ~~secretary~~board shall send a notice to each ~~licensed~~	1410
~~psychologist and licensed school psychologist~~license holder,	1411
whether a resident or not, at the ~~licensed psychologist's or~~	1412
~~licensed school psychologist's~~license holder's last ~~known~~	1413
provided official mailing address, that the ~~licensed~~	1414
~~psychologist's or licensed school psychologist's~~license holder's	1415
continuing education compliance must be completed on or before the	1416
last day of August and the biennial registration form and fee are	1417
due on or before the last day of ~~August~~September. ~~Before the~~	1418
~~fifteenth day of September of such years, the secretary shall send~~	1419
~~a second notice to each such person who has not paid the~~	1420
~~registration fee or registered with the board as required by this~~	1421
~~section.~~ A license of any ~~licensed psychologist or licensed school~~	1422
~~psychologist~~license holder shall automatically ~~be suspended~~	1423
expire if ~~the biennial registration fee is not paid or the~~	1424
~~registration form is not~~any of the following are not received on	1425
or before the thirtieth day of September of a renewal year.	1426
~~Within~~:	1427

(1) The biennial registration fee;

1428

(2) The registration form;

1429

(3) A report of compliance with continuing education	1430
requirements.	1431

Within five years thereafter, the board may reinstate any	1432
expired license ~~so suspended~~ upon payment of the current	1433
registration fee and a penalty fee established by the board, not	1434
to exceed two hundred fifty dollars, ~~as determined by the board,~~	1435
and receipt of the registration form completed by the registrant	1436
in accordance with this section and section 4732.141 of the	1437
Revised Code or in accordance with any modifications authorized by	1438
the board under division (F) of section 4732.141 of the Revised	1439
Code. ~~The~~	1440

The board may by rule waive the payment of the registration	1441
fee and completion of the continuing psychology education required	1442
by section 4732.141 of the Revised Code by a ~~licensed psychologist~~	1443
~~or licensed school psychologist~~license holder when the ~~licensed~~	1444
~~psychologist or licensed school psychologist~~license holder is on	1445
active duty in the armed forces of the United States.	1446

An individual who has had a license placed on retired status	1447
under section 4732.142 of the Revised Code may seek reinstatement	1448
of the license in accordance with rules adopted by the board.	1449

(C) Each ~~licensed psychologist and licensed school~~	1450
~~psychologist~~license holder shall notify the ~~secretary~~executive	1451
director of any change in the ~~licensed psychologist's or licensed~~	1452
~~school psychologist's~~license holder's official mailing address,	1453
office address, or employment within ~~ninety~~sixty days of such	1454
change.	1455

Sec. 4732.141. (A)(1) ~~On or before the thirty-first day of~~	1456
~~August of each even-numbered year beginning in 1998 and until the~~	1457
~~requirement set forth in division (A)(2) of this section applies,~~	1458
~~each person licensed under this chapter by the state board of~~	1459
~~psychology shall have completed, in the preceding two-year period,~~	1460
~~not less than twenty hours of continuing education in psychology~~	1461
~~or the number of hours determined under division (D) of this~~	1462
~~section.~~	1463

~~(2) On~~Except as provided in division (D) of this section, on	1464
or before the thirty-first day of August of each even-numbered	1465
year ~~after the biennium in which this amendment takes effect~~, each	1466
person ~~licensed under this chapter~~who holds a license issued by	1467
the state board of psychology shall have completed, in the	1468
preceding two-year period, not less than twenty-three hours of	1469
continuing education in psychology, including not less than ~~three~~	1470
four hours of continuing education in ~~professional conduct and~~	1471
~~ethics, or the number of hours determined under division (D) of~~	1472
~~this section~~one or more of the following:	1473

(a) Professional conduct;

1474

(b) Ethics;

1475

(c) The role of culture, ethnic identity, or both in the	1476
provision of psychological assessment, consultation, or	1477
psychological interventions, or a combination thereof.	1478

~~(3)~~(2) Each ~~person subject to division (A)(1) or (2) of this~~	1479
~~section~~license holder shall certify to the board, at the time of	1480
biennial registration pursuant to section 4732.14 of the Revised	1481
Code and on the registration form prescribed by the board under	1482
that section, that in the preceding two years the ~~person~~license	1483
holder has completed continuing psychology education in compliance	1484
with this section. The board shall adopt rules establishing the	1485
procedure for a ~~person~~license holder to certify to the board and	1486
for properly recording with the Ohio psychological association or	1487
the ~~state board of education~~Ohio school psychologists association	1488
completion of the continuing education.	1489

(B) Continuing psychology education may be applied to meet	1490
the requirement of division (A) of this section if both of the	1491
following requirements are met:	1492

(1) It is obtained through a program or course approved by	1493
the state board of psychology, the Ohio psychological association,	1494
the Ohio association of black psychologists, or the American	1495
psychological association or, in the case of a ~~licensed~~ school	1496
psychologist who holds a license issued under this chapter or a	1497
licensed psychologist with a school psychology specialty, by the	1498
state board of education, the Ohio school psychologists	1499
association, or the national association of school psychologists;	1500

(2) Completion of the program or course is recorded with the	1501
Ohio psychological association or the ~~state board of education~~	1502
Ohio school psychologists association in accordance with rules	1503
adopted by the state board of psychology in accordance with	1504
division (A) of this section.	1505

The state board of psychology may disapprove any program or	1506
course that has been approved by the Ohio psychological	1507
association, Ohio association of black psychologists, American	1508
psychological association, state board of education, Ohio school	1509
psychologists association, or national association of school	1510
psychologists. Such program or course may not be applied to meet	1511
the requirement of division (A) of this section.	1512

(C) Each ~~person licensed under this chapter~~license holder	1513
shall be given a sufficient choice of continuing education	1514
programs or courses in psychology, including programs or courses	1515
on professional conduct and ethics when required under division	1516
(A)(2) of this section, to ensure that the ~~person~~license holder	1517
has had a reasonable opportunity to participate in programs or	1518
courses that are relevant to the ~~person's~~license holder's	1519
practice in terms of subject matter and level.	1520

(D) The board shall adopt rules providing for reductions of	1521
the hours of continuing psychology education required by this	1522
section for ~~persons~~license holders in their first registration	1523
period.	1524

(E) Each ~~person licensed under this chapter~~license holder	1525
shall retain in the ~~person's~~license holder's records for at least	1526
three years the receipts, vouchers, or certificates necessary to	1527
document completion of continuing psychology education. Proof of	1528
continuing psychology education recorded with the Ohio	1529
psychological association or the ~~state board of education~~Ohio	1530
school psychologists association in accordance with the procedures	1531
established pursuant to division (A) of this section shall serve	1532
as sufficient documentation of completion. With cause, the board	1533
may request the documentation from the ~~person. The board also may~~	1534
~~request the documentation from persons licensed under this chapter~~	1535
~~selected at random, without cause~~license holder. The board may	1536
review any continuing psychology education records recorded by the	1537
Ohio psychological association or the ~~state board of education~~	1538
Ohio school psychologists association.	1539

(F) The board may excuse ~~persons licensed under this chapter~~	1540
license holders, as a group or as individuals, from all or any	1541
part of the requirements of this section because of an unusual	1542
circumstance, emergency, or special hardship.	1543

(G) The state board of psychology shall approve one or more	1544
continuing education courses of study that assist psychologists	1545
and school psychologists in recognizing the signs of domestic	1546
violence and its relationship to child abuse. Psychologists and	1547
school psychologists are not required to take the courses.	1548

(H) The board may require a license holder to evidence	1549
completion of specific continuing education coursework as part of	1550
the process of registering or continuing to register a person	1551
working under the license holder's supervision under division (B)	1552
of section 4732.22 of the Revised Code and conducting	1553
psychological or psychological work or training supervision.	1554
Procedures for the completion, verification, and documentation of	1555
such continuing education shall be specified in rules adopted by	1556
the board. A license holder completing this continuing education	1557
may receive credit toward the four-hour requirement in division	1558
(A)(1) of this section during the next continuing education period	1559
following the completion of this continuing education.	1560

Sec. 4732.142. (A) The holder of a license issued under this	1561
chapter who retires from the practice of psychology or school	1562
psychology may request during the biennial license registration	1563
process that the license holder's license be placed in "licensed	1564
psychologist-retired" or "licensed school psychologist-retired"	1565
status. Once the license is placed in retired status, the license	1566
holder shall not practice psychology or school psychology in this	1567
state. A license holder selecting this status shall pay to the	1568
board a fee of fifty dollars.	1569

(B) Procedures for reinstating a retired license shall be	1570
established in rules adopted by the state board of psychology.	1571

~~Sec. 4732.16.~~ Sec. 4732.15. Each applicant ~~under section 4732.15~~	1572
~~of the Revised Code~~for a license to be issued under this chapter	1573
shall pay a fee ~~established by the state board of psychology of~~	1574
~~not less than seventy-five nor more than one~~of three hundred	1575
~~fifty~~ dollars, no part of which shall be returned. ~~An applicant~~	1576
~~who is denied licensure under section 4732.15 of the Revised Code~~	1577
~~may apply for licensure under section 4732.10 of the Revised Code~~	1578
~~within one year from the date of the denial and upon payment of a~~	1579
~~fee not to exceed twenty-five dollars.~~	1580

Sec. 4732.151. The state board of psychology shall charge a	1581
fee of forty dollars to a license holder for the written	1582
verification of licensure status, including verification of the	1583
date of licensure, the presence or absence of a history of	1584
disciplinary action, and the expiration date of the license.	1585

Sec. 4732.16. (A) The state board of psychology shall	1586
investigate alleged violations of this chapter or the rules	1587
adopted under it. Each investigation shall be assigned by the	1588
executive director or designated investigator to one of the	1589
members of the board who shall serve as the supervising member of	1590
the investigation.	1591

As part of its conduct of investigations, the board may	1592
examine witnesses, administer oaths, and issue subpoenas, except	1593
that the board may not compel the attendance of the respondent in	1594
an investigation. A subpoena for patient record information may be	1595
issued only if the supervising member, executive director,	1596
secretary, and an attorney from the office of the attorney general	1597
determine that there is probable cause to believe that the	1598
complaint alleges a violation of this chapter and that the records	1599
sought are relevant to the alleged violation and material to the	1600
investigation. No member of the board who supervises the	1601
investigation or approves the issuance of a subpoena for patient	1602
records shall participate in further adjudication of the case. The	1603
subpoena may apply only to records that cover a reasonable period	1604
of time surrounding the alleged violation. On failure of a person	1605
to comply with a subpoena issued by the board and after reasonable	1606
notice to that person, the board may move for an order compelling	1607
the production of records or persons pursuant to the Rules of	1608
Civil Procedure.	1609

A subpoena issued by the board may be served by a sheriff,	1610
the sheriff's deputy, or a board employee designated by the board.	1611
Service of a subpoena issued by the board may be made by	1612
delivering a copy of the subpoena to the person named in the	1613
subpoena, reading it to the person, or leaving it at the person's	1614
usual place of residence. When the person being served is a person	1615
whose practice is authorized by this chapter, service of the	1616
subpoena may be made by certified mail, return receipt requested,	1617
and the subpoena shall be deemed served on the date delivery is	1618
made or the date the person refuses to accept delivery.	1619

A sheriff's deputy who serves a subpoena shall receive the	1620
same fees as a sheriff. Each witness who appears before the board	1621
in obedience to a subpoena shall receive the fees and mileage	1622
provided for witnesses under section 119.094 of the Revised Code.	1623

(B)(1) The board shall conduct all investigations and	1624
proceedings in a manner that protects the confidentiality of	1625
patients and persons who file complaints with the board. The board	1626
shall not make public the names or any other identifying	1627
information about patients or complainants unless proper consent	1628
is given or, in the case of a patient, the patient privilege has	1629
been waived by the patient. Information received by the board	1630
pursuant to an investigation is confidential and not subject to	1631
discovery in any civil action.	1632

(2) The board may share any information it receives pursuant	1633
to an investigation, including patient records and patient record	1634
information, with law enforcement agencies, other licensing	1635
boards, and other government agencies that are prosecuting,	1636
adjudicating, or investigating alleged violations of statutes or	1637
administrative rules. An agency or board that receives the	1638
information shall comply with the same requirements regarding	1639
confidentiality as the board must comply with under division	1640
(B)(1) of this section, notwithstanding any conflicting provision	1641
of the Revised Code or procedure of the agency or board that	1642
applies when it is dealing with other information in its	1643
possession.	1644

(3) In a judicial proceeding, any information the board	1645
receives pursuant to an investigation may be admitted into	1646
evidence only in accordance with the Ohio Rules of Evidence, but	1647
the court shall require that appropriate measures be taken to	1648
ensure that confidentiality is maintained with respect to any part	1649
of the information that contains names or other identifying	1650
information about patients or complainants whose confidentiality	1651
was protected by the board when the information was in the board's	1652
possession. Measures to ensure confidentiality that may be taken	1653
by the court include sealing its records or deleting specific	1654
information from its records.	1655

Sec. 4732.17. (A) ~~The~~Subject to division (F) of this	1656
section, the state board of psychology may ~~refuse to issue a~~	1657
~~license to any applicant, may issue a reprimand, or suspend or~~	1658
~~revoke the license of any licensed psychologist or licensed school~~	1659
~~psychologist,~~take any of the actions specified in division (C) of	1660
this section against an applicant for or a person who holds a	1661
license issued under this chapter on any of the following grounds	1662
as applicable:	1663

(1) Conviction, including a plea of guilty or no contest, of	1664
a felony, or of any offense involving moral turpitude, in a court	1665
of this or any other state or in a federal court;	1666

(2) A judicial finding of eligibility for intervention in	1667
lieu of conviction for a felony or any offense involving moral	1668
turpitude in a court of this or any other state or in a federal	1669
court;	1670

(3) Using fraud or deceit in the procurement of the license	1671
to practice psychology or school psychology or knowingly assisting	1672
another in the procurement of such a license through fraud or	1673
deceit;	1674

~~(3)~~(4) Accepting commissions or rebates or other forms of	1675
remuneration for referring persons to other professionals;	1676

~~(4)~~(5) Willful, unauthorized communication of information	1677
received in professional confidence;	1678

~~(5)~~(6) Being negligent in the practice of psychology or	1679
school psychology;	1680

~~(6) Using any controlled substance or alcoholic beverage to~~	1681
~~an extent that such use impairs the person's ability to perform~~	1682
~~the work of a psychologist or school psychologist with safety to~~	1683
~~the public~~(7) Inability to practice according to acceptable and	1684
prevailing standards of care by reason of a mental, emotional,	1685
physiological, or pharmacological condition or substance abuse;	1686

~~(7)~~(8) Subject to section 4732.28 of the Revised Code,	1687
violating any rule of professional conduct promulgated by the	1688
board;	1689

~~(8)~~(9) Practicing in an area of psychology for which the	1690
person is clearly untrained or incompetent;	1691

~~(9)~~(10) An adjudication by a court, as provided in section	1692
5122.301 of the Revised Code, that the person is incompetent for	1693
the purpose of holding the license. Such person may have the	1694
person's license issued or restored only upon determination by a	1695
court that the person is competent for the purpose of holding the	1696
license and upon the decision by the board that such license be	1697
issued or restored. The board may require an examination prior to	1698
such issuance or restoration.	1699

~~(10)~~(11) Waiving the payment of all or any part of a	1700
deductible or copayment that a patient, pursuant to a health	1701
insurance or health care policy, contract, or plan that covers	1702
psychological services, would otherwise be required to pay if the	1703
waiver is used as an enticement to a patient or group of patients	1704
to receive health care services from that provider;	1705

~~(11)~~(12) Advertising that the person will waive the payment	1706
of all or any part of a deductible or copayment that a patient,	1707
pursuant to a health insurance or health care policy, contract, or	1708
plan that covers psychological services, would otherwise be	1709
required to pay;	1710

~~(12)~~(13) Any of the following actions taken by the agency	1711
responsible for authorizing or certifying the person to practice	1712
or regulating the person's practice of a health care occupation or	1713
provision of health care services in this state or another	1714
jurisdiction, as evidenced by a certified copy of that agency's	1715
records and findings for any reason other than the nonpayment of	1716
fees:	1717

(a) Limitation, revocation, or suspension of the person's	1718
license to practice;	1719

(b) Acceptance of the person's license surrender;

1720

1721

(d) Refuse to renew or reinstate the person's license;

1722

(e) Imposition of probation on the person;

1723

(f) Issuance of an order of censure or other reprimand	1724
against the person;	1725

(g) Other negative action or finding against the person about	1726
which information is available to the public.	1727

(14) Offering or rendering psychological services after a	1728
license issued under this chapter has expired due to a failure to	1729
timely register under section 4732.14 of the Revised Code or	1730
complete continuing education requirements;	1731

(15) Offering or rendering psychological services after a	1732
license issued under this chapter has been placed in retired	1733
status pursuant to section 4732.142 of the Revised Code;	1734

(16) Unless the person is a school psychologist licensed by	1735
the state board of education:	1736

(a) Offering or rendering school psychological services after	1737
a license issued under this chapter has expired due to a failure	1738
to timely register under section 4732.14 of the Revised Code or	1739
complete continuing education requirements;	1740

(b) Offering or rendering school psychological services after	1741
a license issued under this chapter has been placed in retired	1742
status pursuant to section 4732.142 of the Revised Code.	1743

(17) Violating any adjudication order or consent agreement	1744
adopted by the board;	1745

(18) Failure to submit to mental, cognitive, substance abuse,	1746
or medical evaluations, or a combination of these evaluations,	1747
ordered by the board under division (E) of this section.	1748

(B) Notwithstanding ~~division~~divisions (A)~~(10)~~(11) and	1749
~~(11)~~(12) of this section, sanctions shall not be imposed against	1750
any ~~licensee~~license holder who waives deductibles and	1751
copayments:	1752

~~(a)~~(1) In compliance with the health benefit plan that	1753
expressly allows such a practice. Waiver of the deductibles or	1754
copays shall be made only with the full knowledge and consent of	1755
the plan purchaser, payer, and third-party administrator. Such	1756
consent shall be made available to the board upon request.	1757

~~(b)~~(2) For professional services rendered to any other person	1758
licensed pursuant to this chapter to the extent allowed by this	1759
chapter and the rules of the board.	1760

(C) For any of the reasons specified in division (A) of this	1761
section, the board may do one or more of the following:	1762

(1) Refuse to issue a license to an applicant;

1763

(2) Issue a reprimand to a license holder;

1764

(3) Suspend the license of a license holder;

1765

(4) Revoke the license of a license holder;

1766

(5) Limit or restrict the areas of practice of an applicant	1767
or a license holder;	1768

(6) Require mental, substance abuse, or physical evaluations,	1769
or any combination of these evaluations, of an applicant or a	1770
license holder;	1771

(7) Require remedial education and training of an applicant	1772
or a license holder.	1773

(D) When it revokes the license of a license holder under	1774
division (C)(4) of this section, the board may specify that the	1775
revocation is permanent. An individual subject to permanent	1776
revocation is forever thereafter ineligible to hold a license, and	1777
the board shall not accept an application for reinstatement of the	1778
license or issuance of a new license.	1779

(E) When the board issues a notice of opportunity for a	1780
hearing on the basis of division (A)(7) of this section, the	1781
supervising member of the board, with cause and upon consultation	1782
with the board's executive director and the board's legal counsel,	1783
may compel the applicant or license holder to submit to mental,	1784
cognitive, substance abuse, or medical evaluations, or a	1785
combination of these evaluations, by a person or persons selected	1786
by the board. Notice shall be given to the applicant or license	1787
holder in writing signed by the supervising member, the executive	1788
director, and the board's legal counsel. The applicant or license	1789
holder is deemed to have given consent to submit to these	1790
evaluations and to have waived all objections to the admissibility	1791
of testimony or evaluation reports that constitute a privileged	1792
communication. The expense of the evaluation or evaluations shall	1793
be the responsibility of the applicant or license holder who is	1794
evaluated.	1795

~~(B) Except as provided in section 4732.171 of the Revised~~	1796
~~Code, before~~(F) Before the board may ~~deny, suspend, or revoke a~~	1797
~~license~~take action under this section, ~~or otherwise discipline~~	1798
~~the holder of a license,~~ written charges shall be filed with the	1799
board by the secretary and a hearing shall be had thereon in	1800
accordance with Chapter 119. of the Revised Code, except as	1801
follows:	1802

(1) On receipt of a complaint that any of the grounds listed	1803
in division (A) of this section exist, the state board of	1804
psychology may suspend a license issued under this chapter prior	1805
to holding a hearing in accordance with Chapter 119. of the	1806
Revised Code if it determines, based on the complaint, that there	1807
is an immediate threat to the public. A telephone conference call	1808
may be used to conduct an emergency meeting for review of the	1809
matter by a quorum of the board, taking the vote, and	1810
memorializing the action in the minutes of the meeting.	1811

After suspending a license pursuant to division (F)(1) of	1812
this section, the board shall notify the license holder of the	1813
suspension in accordance with section 119.07 of the Revised Code.	1814
If the individual whose license is suspended fails to make a	1815
timely request for an adjudication under Chapter 119. of the	1816
Revised Code, the board shall enter a final order permanently	1817
revoking the license.	1818

(2) The board shall adopt rules establishing a case	1819
management schedule for pre-hearing procedures by the hearing	1820
examiner or presiding board member. The schedule shall include	1821
applicable deadlines related to the hearing process, including all	1822
of the following:	1823

(a) The date of the hearing;

1824

(b) The date for the disclosure of witnesses and exhibits;

1825

(c) The date for the disclosure of the identity of expert	1826
witnesses and the exchange of written reports;	1827

(d) The deadline for submitting a request for the issuance of	1828
a subpoena for the hearing as provided under Chapter 119. of the	1829
Revised Code and division (F)(4) of this section.	1830

(3) Either party to the hearing may submit a written request	1831
to the other party for a list of witnesses and copies of documents	1832
intended to be introduced at the hearing. The request shall be in	1833
writing and shall be served not less than thirty-seven days prior	1834
to the hearing, unless the hearing officer or presiding board	1835
member grants an extension of time to make the request. Not later	1836
than thirty days before the hearing, the responding party shall	1837
provide the requested list of witnesses, summary of their	1838
testimony, and copies of documents to the requesting party, unless	1839
the hearing officer or presiding board member grants an extension.	1840
Failure to timely provide a list or copies requested in accordance	1841
with this section may, at the discretion of the hearing officer or	1842
presiding board member, result in exclusion from the hearing of	1843
the witnesses, testimony, or documents.	1844

(4) In addition to subpoenas for the production of books,	1845
records, and papers requested under Chapter 119. of the Revised	1846
Code, either party may ask the board to issue a subpoena for the	1847
production of other tangible items.	1848

The person subject to a subpoena for the production of books,	1849
records, papers, or other tangible items shall respond to the	1850
subpoena at least twenty days prior to the date of the hearing. If	1851
a person fails to respond to a subpoena issued by the board, after	1852
providing reasonable notice to the person, the board, the hearing	1853
officer, or both may proceed with enforcement of the subpoena	1854
pursuant to section 119.09 of the Revised Code.	1855

~~Sec. 4732.172.~~ Sec. 4732.171. (A) Except as provided in division	1856
(B) of this section, if, at the conclusion of a hearing required	1857
by section 4732.17 of the Revised Code, the state board of	1858
psychology determines that a licensed psychologist or ~~licensed~~	1859
school psychologist licensed by the state board of psychology has	1860
engaged in sexual conduct or had sexual contact with the ~~licensed~~	1861
~~psychologist's or licensed school psychologist's~~license holder's	1862
patient or client in violation of any prohibition contained in	1863
Chapter 2907. of the Revised Code, the board shall do one of the	1864
following:	1865

(1) Suspend the ~~licensed psychologist's or licensed school~~	1866
~~psychologist's~~license holder's license;	1867

(2) Permanently revoke the ~~licensed psychologist's or~~	1868
~~licensed school psychologist's~~license holder's license.	1869

(B) If it determines at the conclusion of the hearing that	1870
neither of the sanctions described in division (A) of this section	1871
is appropriate, the board shall impose another sanction it	1872
considers appropriate and issue a written finding setting forth	1873
the reasons for the sanction imposed and the reason that neither	1874
of the sanctions described in division (A) of this section is	1875
appropriate.	1876

~~Sec. 4732.173.~~ Sec. 4732.172. Any finding made, and the record of	1877
any sanction imposed, by the state board of psychology under	1878
section 4732.17,or 4732.171~~, or 4732.172~~ of the Revised Code is a	1879
public record under section 149.43 of the Revised Code.	1880

Sec. 4732.173. (A) The board may approve or establish a	1881
colleague assistance program for the purpose of affording holders	1882
of licenses issued under this chapter, license applicants, and	1883
persons registered pursuant to division (B) of section 4731.22 of	1884
the Revised Code access to all of the following:	1885

(1) Resources concerning the prevention of distress;

1886

(2) Evaluation and intervention services concerning mental,	1887
emotional, substance use, and other conditions that may impair	1888
competence, objectivity, and judgment in the provision of	1889
psychological or school psychological services;	1890

(3) Consultation and mentoring services for practice	1891
oversight and remediation of professional skill deficits.	1892

The board may compel a license holder, applicant, or	1893
registered person to participate in the program in conjunction	1894
with the board's actions under section 4732.17 of the Revised	1895
Code.	1896

(B) If a program is approved or established, the board shall	1897
adopt rules specifying the circumstances under which self-referred	1898
participants may receive confidential services from the program.	1899

Sec. 4732.18. At any time after the suspension or revocation	1900
of a license, the state board of psychology may restore the	1901
license upon the written finding by the board that circumstances	1902
so warrant. ~~The~~At the time it restores a license, the board may	1903
impose restrictions and limitations on the practice of the license	1904
holder.	1905

The board may require a person seeking restoration of a	1906
license to submit to mental, substance abuse, cognitive, or	1907
physical evaluations, or a combination of these evaluations.	1908
Evaluations shall be conducted by qualified individuals selected	1909
by the board. The costs of any evaluative processes shall be paid	1910
by the applicant for restoration. A person requesting restoration	1911
of a license is deemed to have given consent to submit to a mental	1912
or physical examination when directed to do so in writing by the	1913
board and to have waived all objections to the admissibility of	1914
testimony or examination reports that constitute a privileged	1915
communication.	1916

As a further condition of license restoration, the board may	1917
require ~~an examination of~~ the applicant ~~before such restoration~~	1918
to do both of the following:	1919

(A) Take the examination selected by the board under section	1920
4732.11 of the Revised Code and receive a score acceptable to the	1921
board;	1922

(B) Participate in board processes designed to expose the	1923
applicant to Chapter 4732. of the Revised Code and rules	1924
promulgated thereunder, which may include passing a written or	1925
oral examination on the Ohio laws and rules governing	1926
psychologists and school psychologists.	1927

Sec. 4732.21. ~~(A) On and after December 1, 1972, no~~Except	1928
as provided in section 4732.22 of the Revised Code:	1929

(A) No person who is not a licensed psychologist shall offer	1930
or render services as a psychologist or otherwise engage in the	1931
practice of psychology ~~for a compensation or other personal gain~~.	1932

(B) ~~On and after December 1, 1972, no~~No person who is not a	1933
licensed psychologist or, a school psychologist licensed by the	1934
state board of psychology, or a school psychologist licensed by	1935
the state board of education shall offer or render services as a	1936
school psychologist or otherwise engage in the practice of school	1937
psychology ~~for a compensation or other personal gain~~.	1938

Sec. 4732.22. (A) The following persons are exempted from	1939
the licensing requirements of this chapter:	1940

~~(A)~~(1) A ~~certificated~~person who holds a license or	1941
certificate issued by the state board of education authorizing the	1942
practice of school ~~psychologist~~psychology, while practicing	1943
school psychology within the scope of ~~his~~ employment by a board of	1944
education or by a private school meeting the standards prescribed	1945
by the state board of education under division (D) of section	1946
3301.07 of the Revised Code, or while acting as a school	1947
psychologist within the scope of ~~his~~ employment in a program for	1948
~~trainable mentally retarded~~ children with disabilities established	1949
under Chapter 3323. or 5126. of the Revised Code. A person	1950
exempted under this division shall not offer psychological	1951
services to any other individual, organization, or group for	1952
remuneration, monetary or otherwise, unless hethe person is	1953
licensed by the state board of psychology.	1954

~~(B)~~(2) Any nonresident temporarily employed in this state to	1955
render psychological services for not more than thirty days a	1956
year, who, in the opinion of the board, meets the standards for	1957
entrance in division (B) of section 4732.10 of the Revised Code,	1958
who has paid the required fee and submitted an application	1959
prescribed by the board, and who holds whatever license or	1960
certificate, if any, is required for such practice in ~~his~~the	1961
person's home state or home country.	1962

~~(C)~~(3) Any person ~~employed by~~working under the supervision	1963
of a ~~licensed~~ psychologist or ~~licensed~~ school psychologist	1964
licensed under this chapter, while carrying out specific tasks,	1965
under the ~~licensee's~~license holder's supervision, as an extension	1966
of the ~~licensee's~~license holder's legal and ethical authority as	1967
specified under this chapter if the person is registered under	1968
division (B) of this section. All fees shall be billed under the	1969
name of the ~~licensee, and the employee~~license holder. The person	1970
working under the license holder's supervision shall not represent	1971
~~himself~~self to the public as a psychologist or school	1972
psychologist, although supervised persons and persons in training	1973
may be ascribed such titles as "psychology trainee," "psychology	1974
assistant," "psychology intern," or other appropriate term that	1975
clearly implies their supervised or training status.	1976

~~(D) Unlicensed persons holding a master's degree or doctoral~~	1977
~~degree in psychology from a program approved by the board while~~	1978
~~working under the supervision of a licensed psychologist. The~~	1979
~~board shall establish rules governing such supervisory~~	1980
~~relationship which shall include a regulation requiring~~	1981
~~registration with the board of such unlicensed person.~~	1982

~~(E)~~(4) Any student in an accredited educational institution,	1983
while carrying out activities that are part of ~~his~~the student's	1984
prescribed course of study, provided such activities are	1985
supervised by a professional person who is qualified to perform	1986
such activities and is licensed under this chapter or is ~~exempted~~	1987
~~under division (F) or (G) of this section or division (B) or (D)~~	1988
~~of section 4732.23 of the Revised Code. Such student shall hold~~	1989
~~himself out to the public only by clearly indicating his student~~	1990
~~status and the profession in which he is being trained.~~	1991

~~(F) Duly ordained ministers while functioning in their~~	1992
~~ministerial capacity;~~	1993

~~(G) Qualified social workers while functioning in their~~	1994
~~capacity as social workers~~a qualified supervisor pursuant to	1995
rules of the board;	1996

(5) Recognized religious officials, including ministers,	1997
priests, rabbis, imams, Christian science practitioners, and other	1998
persons recognized by the board, conducting counseling when the	1999
counseling activities are within the scope of the performance of	2000
their regular duties and are performed under the auspices or	2001
sponsorship of an established and legally cognizable religious	2002
denomination or sect, as defined in current federal tax	2003
regulations, and when the religious official does not refer to the	2004
official's self as a psychologist and remains accountable to the	2005
established authority of the religious denomination or sect;	2006

(6) Persons in the employ of the federal government insofar	2007
as their activities are a part of the duties of their positions;	2008

(7) Persons licensed, certified, or registered under any	2009
other provision of the Revised Code who are practicing those arts	2010
and utilizing psychological procedures that are allowed and within	2011
the standards and ethics of their profession or within new areas	2012
of practice that represent appropriate extensions of their	2013
profession, provided that they do not hold themselves out to the	2014
public by the title of psychologist;	2015

(8) Persons using the term "social psychologist,"	2016
"experimental psychologist," "developmental psychologist,"	2017
"research psychologist," "cognitive psychologist," and other terms	2018
used by those in academic and research settings who possess a	2019
doctoral degree in psychology from an educational institution	2020
accredited or recognized by national or regional accrediting	2021
agencies as maintaining satisfactory standards and who do not use	2022
such a term in the solicitation or rendering of professional	2023
psychological services.	2024

(B) The license holder who is supervising a person described	2025
in division (A)(3) of this section shall register the person with	2026
the board. The board shall adopt rules regarding the registration	2027
process and the supervisory relationship.	2028

Sec. 4732.221. A nonresident applicant seeking a review of	2029
qualifications and permission of the state board of psychology to	2030
practice psychology in Ohio for no more than thirty days per year	2031
under division (A)(2) of section 4732.22 of the Revised Code shall	2032
pay a fee established by the board of not less than seventy-five	2033
dollars and not more than one hundred fifty dollars, no part of	2034
which shall be returned. The board may adopt rules for the purpose	2035
of recognizing a nonresident's interjurisdictional practice	2036
credentials granted by the association of state and provincial	2037
psychology boards and other relevant professional organizations.	2038

Sec. 4732.31. (A) The state board of psychology shall	2039
provide access to the following information through the internet:	2040

(1) The names of all licensed psychologists and ~~licensed~~all	2041
school psychologists licensed by the state board of psychology;	2042

(2) The names of all licensed psychologists and ~~licensed~~all	2043
school psychologists licensed by the state board of psychology who	2044
have been reprimanded by the board for misconduct, the names of	2045
all licensed psychologists or school psychologists ~~who have~~	2046
~~current licenses but~~licensed by the state board of psychology	2047
whose licenses are under an active suspension imposed for	2048
misconduct, the names of all former licensed psychologists and	2049
~~licensed~~ school psychologists licensed by the state board of	2050
psychology whose licenses have been suspended or revoked for	2051
misconduct, and the reason for each reprimand, suspension, or	2052
revocation;	2053

(3) Written findings made under division (B) of section	2054
~~4732.172~~4732.171 of the Revised Code.	2055

(B) Division (A)(2) of this section does not apply to a	2056
suspension of the license of a psychologist or school psychologist	2057
that is an automatic suspension imposed under section 4732.14 of	2058
the Revised Code.	2059

Sec. 4732.32. The state board of psychology shall adopt	2060
rules governing the use of telepsychology for the purpose of	2061
protecting the welfare of recipients of telepsychology services	2062
and establishing requirements for the responsible use of	2063
telepsychology in the practice of psychology and school	2064
psychology, including supervision of persons registered with the	2065
state board of psychology as described in division (B) of section	2066
4732.22 of the Revised Code.	2067

Sec. 4755.13. ~~(A)~~ Nothing in sections 4755.04 to 4755.13 of	2068
the Revised Code shall be construed to prevent or restrict the	2069
practice, services, or activities of the following:	2070

~~(1)~~(A) Any person who does not claim to the public by any	2071
title, initials, or description of services as being engaged in	2072
the practice of occupational therapy, who is:	2073

~~(a)~~(1) A physician licensed under Chapter 4731. of the	2074
Revised Code, or anyone employed or supervised by a licensed	2075
physician in the delivery of treatment or services;	2076

~~(b)~~(2) A person licensed, certified, or registered under	2077
sections 4755.40 to 4755.56 of the Revised Code or under any other	2078
chapter of the Revised Code who is practicing within the standards	2079
and ethics of practice that represent appropriate extensions of	2080
the person's profession;	2081

~~(c)~~(3) A qualified member of any other profession who is	2082
practicing within the standards and ethics of the member's	2083
profession.	2084

~~(2)~~(B) Any person employed as an occupational therapist or	2085
occupational therapy assistant by the government of the United	2086
States, if the person provides occupational therapy solely under	2087
the direction or control of the organization by which the person	2088
is employed;	2089

~~(3)~~(C) Any person pursuing a course of study leading to a	2090
degree or certificate in occupational therapy in an accredited or	2091
approved educational program if the activities and services	2092
constitute a part of a supervised course of study, if the person	2093
is designated by a title that clearly indicates the person's	2094
status as a student or trainee;	2095

~~(4)~~(D) Any person fulfilling the supervised field work	2096
experience requirements of section 4755.07 of the Revised Code, if	2097
the activities and services constitute a part of the experience	2098
necessary to meet those requirements.	2099

~~(B) Nothing in sections 4755.04 to 4755.13 of the Revised~~	2100
~~Code authorizes any person to use psychological procedures defined~~	2101
~~by the state board of psychology under division (C) of section~~	2102
~~4732.23 of the Revised Code as a serious hazard to mental health~~	2103
~~and to require professional expertise in psychology.~~	2104

Sec. 4757.42. Except as otherwise expressly provided in this	2105
chapter, nothing in this chapter shall be construed as authorizing	2106
any person to engage in the practice of psychology as defined in	2107
division (B) of section 4732.01 of the Revised Code. ~~This section~~	2108
~~shall not be construed as contravening section 4732.23 of the~~	2109
~~Revised Code.~~	2110

Sec. 5120.55. (A) As used in this section, "licensed health	2111
professional" means any or all of the following:	2112

(1) A dentist who holds a current, valid license issued under	2113
Chapter 4715. of the Revised Code to practice dentistry;	2114

(2) A licensed practical nurse who holds a current, valid	2115
license issued under Chapter 4723. of the Revised Code that	2116
authorizes the practice of nursing as a licensed practical nurse;	2117

(3) An optometrist who holds a current, valid certificate of	2118
licensure issued under Chapter 4725. of the Revised Code that	2119
authorizes the holder to engage in the practice of optometry;	2120

(4) A physician who is authorized under Chapter 4731. of the	2121
Revised Code to practice medicine and surgery, osteopathic	2122
medicine and surgery, or podiatry;	2123

(5) A psychologist who holds a current, valid license issued	2124
under Chapter 4732. of the Revised Code that authorizes the	2125
practice of psychology as a licensed psychologist;	2126

(6) A registered nurse who holds a current, valid license	2127
issued under Chapter 4723. of the Revised Code that authorizes the	2128
practice of nursing as a registered nurse regardless of whether	2129
the nurse is authorized to practice as an advanced practice nurse	2130
as defined in section 4723.01 of the Revised Code.	2131

(B)(1) The department of rehabilitation and correction may	2132
establish a recruitment program under which the department, by	2133
means of a contract entered into under division (C) of this	2134
section, agrees to repay all or part of the principal and interest	2135
of a government or other educational loan incurred by a licensed	2136
health professional who agrees to provide services to inmates of	2137
correctional institutions under the department's administration.	2138

(2)(a) For a physician to be eligible to participate in the	2139
program, the physician must have attended a school that was,	2140
during the time of attendance, a medical school or osteopathic	2141
medical school in this country accredited by the liaison committee	2142
on medical education or the American osteopathic association, a	2143
college of podiatry in this country recognized as being in good	2144
standing under section 4731.53 of the Revised Code, or a medical	2145
school, osteopathic medical school, or college of podiatry located	2146
outside this country that was acknowledged by the world health	2147
organization and verified by a member state of that organization	2148
as operating within that state's jurisdiction.	2149

(b) For a nurse to be eligible to participate in the program,	2150
the nurse must have attended a school that was, during the time of	2151
attendance, a nursing school in this country accredited by the	2152
commission on collegiate nursing education or the national league	2153
for nursing accrediting commission or a nursing school located	2154
outside this country that was acknowledged by the world health	2155
organization and verified by a member state of that organization	2156
as operating within that state's jurisdiction.	2157

(c) For a dentist to be eligible to participate in the	2158
program, the dentist must have attended a school that was, during	2159
the time of attendance, a dental college that enabled the dentist	2160
to meet the requirements specified in section 4715.10 of the	2161
Revised Code to be granted a license to practice dentistry.	2162

(d) For an optometrist to be eligible to participate in the	2163
program, the optometrist must have attended a school of optometry	2164
that was, during the time of attendance, approved by the state	2165
board of optometry.	2166

(e) For a psychologist to be eligible to participate in the	2167
program, the psychologist must have attended an educational	2168
institution that, during the time of attendance, maintained a	2169
specific degree program recognized by the state board of	2170
psychology as acceptable for fulfilling the requirement of	2171
division (B)~~(4)~~(3) of section 4732.10 of the Revised Code.	2172

(C) The department shall enter into a contract with each	2173
licensed health professional it recruits under this section. Each	2174
contract shall include at least the following terms:	2175

(1) The licensed health professional agrees to provide a	2176
specified scope of medical, osteopathic medical, podiatric,	2177
optometric, psychological, nursing, or dental services to inmates	2178
of one or more specified state correctional institutions for a	2179
specified number of hours per week for a specified number of	2180
years.	2181

(2) The department agrees to repay all or a specified portion	2182
of the principal and interest of a government or other educational	2183
loan taken by the licensed health professional for the following	2184
expenses to attend, for up to a maximum of four years, a school	2185
that qualifies the licensed health professional to participate in	2186
the program:	2187

(a) Tuition;

2188

(b) Other educational expenses for specific purposes,	2189
including fees, books, and laboratory expenses, in amounts	2190
determined to be reasonable in accordance with rules adopted under	2191
division (D) of this section;	2192

(c) Room and board, in an amount determined to be reasonable	2193
in accordance with rules adopted under division (D) of this	2194
section.	2195

(3) The licensed health professional agrees to pay the	2196
department a specified amount, which shall be no less than the	2197
amount already paid by the department pursuant to its agreement,	2198
as damages if the licensed health professional fails to complete	2199
the service obligation agreed to or fails to comply with other	2200
specified terms of the contract. The contract may vary the amount	2201
of damages based on the portion of the service obligation that	2202
remains uncompleted.	2203

(4) Other terms agreed upon by the parties.

2204

The licensed health professional's lending institution or the	2205
Ohio board of regents, may be a party to the contract. The	2206
contract may include an assignment to the department of the	2207
licensed health professional's duty to repay the principal and	2208
interest of the loan.	2209

(D) If the department elects to implement the recruitment	2210
program, it shall adopt rules in accordance with Chapter 119. of	2211
the Revised Code that establish all of the following:	2212

(1) Criteria for designating institutions for which licensed	2213
health professionals will be recruited;	2214

(2) Criteria for selecting licensed health professionals for	2215
participation in the program;	2216

(3) Criteria for determining the portion of a loan which the	2217
department will agree to repay;	2218

(4) Criteria for determining reasonable amounts of the	2219
expenses described in divisions (C)(2)(b) and (c) of this section;	2220

(5) Procedures for monitoring compliance by a licensed health	2221
professional with the terms of the contract the licensed health	2222
professional enters into under this section;	2223

(6) Any other criteria or procedures necessary to implement	2224
the program.	2225

Sec. 5122.01. As used in this chapter and Chapter 5119. of	2226
the Revised Code:	2227

(A) "Mental illness" means a substantial disorder of thought,	2228
mood, perception, orientation, or memory that grossly impairs	2229
judgment, behavior, capacity to recognize reality, or ability to	2230
meet the ordinary demands of life.	2231

(B) "Mentally ill person subject to hospitalization by court	2232
order" means a mentally ill person who, because of the person's	2233
illness:	2234

(1) Represents a substantial risk of physical harm to self as	2235
manifested by evidence of threats of, or attempts at, suicide or	2236
serious self-inflicted bodily harm;	2237

(2) Represents a substantial risk of physical harm to others	2238
as manifested by evidence of recent homicidal or other violent	2239
behavior, evidence of recent threats that place another in	2240
reasonable fear of violent behavior and serious physical harm, or	2241
other evidence of present dangerousness;	2242

(3) Represents a substantial and immediate risk of serious	2243
physical impairment or injury to self as manifested by evidence	2244
that the person is unable to provide for and is not providing for	2245
the person's basic physical needs because of the person's mental	2246
illness and that appropriate provision for those needs cannot be	2247
made immediately available in the community; or	2248

(4) Would benefit from treatment in a hospital for the	2249
person's mental illness and is in need of such treatment as	2250
manifested by evidence of behavior that creates a grave and	2251
imminent risk to substantial rights of others or the person.	2252

(C)(1) "Patient" means, subject to division (C)(2) of this	2253
section, a person who is admitted either voluntarily or	2254
involuntarily to a hospital or other place under section 2945.39,	2255
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	2256
finding of not guilty by reason of insanity or incompetence to	2257
stand trial or under this chapter, who is under observation or	2258
receiving treatment in such place.	2259

(2) "Patient" does not include a person admitted to a	2260
hospital or other place under section 2945.39, 2945.40, 2945.401,	2261
or 2945.402 of the Revised Code to the extent that the reference	2262
in this chapter to patient, or the context in which the reference	2263
occurs, is in conflict with any provision of sections 2945.37 to	2264
2945.402 of the Revised Code.	2265

(D) "Licensed physician" means a person licensed under the	2266
laws of this state to practice medicine or a medical officer of	2267
the government of the United States while in this state in the	2268
performance of the person's official duties.	2269

(E) "Psychiatrist" means a licensed physician who has	2270
satisfactorily completed a residency training program in	2271
psychiatry, as approved by the residency review committee of the	2272
American medical association, the committee on post-graduate	2273
education of the American osteopathic association, or the American	2274
osteopathic board of neurology and psychiatry, or who on July 1,	2275
1989, has been recognized as a psychiatrist by the Ohio state	2276
medical association or the Ohio osteopathic association on the	2277
basis of formal training and five or more years of medical	2278
practice limited to psychiatry.	2279

(F) "Hospital" means a hospital or inpatient unit licensed by	2280
the department of mental health under section 5119.20 of the	2281
Revised Code, and any institution, hospital, or other place	2282
established, controlled, or supervised by the department under	2283
Chapter 5119. of the Revised Code.	2284

(G) "Public hospital" means a facility that is tax-supported	2285
and under the jurisdiction of the department of mental health.	2286

(H) "Community mental health agency" means an agency that	2287
provides community mental health services that are certified by	2288
the director of mental health under section 5119.611 of the	2289
Revised Code.	2290

(I) "Licensed clinical psychologist" means a person who holds	2291
a current valid psychologist license issued under section 4732.12	2292
~~or 4732.15~~ of the Revised Code, and in addition, meets ~~either of~~	2293
~~the following criteria:~~	2294

~~(1) Meets~~ the educational requirements set forth in division	2295
(B) of section 4732.10 of the Revised Code and has a minimum of	2296
two years' full-time professional experience, or the equivalent as	2297
determined by rule of the state board of psychology, at least one	2298
year of which shall be a predoctoral internship, in clinical	2299
psychological work in a public or private hospital or clinic or in	2300
private practice, diagnosing and treating problems of mental	2301
illness or mental retardation under the supervision of a	2302
psychologist who is licensed or who holds a diploma issued by the	2303
American board of professional psychology, or whose qualifications	2304
are substantially similar to those required for licensure by the	2305
state board of psychology when the supervision has occurred prior	2306
to enactment of laws governing the practice of psychology;	2307

~~(2) Meets the educational requirements set forth in division~~	2308
~~(B) of section 4732.15 of the Revised Code and has a minimum of~~	2309
~~four years' full-time professional experience, or the equivalent~~	2310
~~as determined by rule of the state board of psychology, in~~	2311
~~clinical psychological work in a public or private hospital or~~	2312
~~clinic or in private practice, diagnosing and treating problems of~~	2313
~~mental illness or mental retardation under supervision, as set~~	2314
~~forth in division (I)(1) of this section~~.	2315

(J) "Health officer" means any public health physician;	2316
public health nurse; or other person authorized by or designated	2317
by a city health district; a general health district; or a board	2318
of alcohol, drug addiction, and mental health services to perform	2319
the duties of a health officer under this chapter.	2320

(K) "Chief clinical officer" means the medical director of a	2321
hospital, or a community mental health agency, or a board of	2322
alcohol, drug addiction, and mental health services, or, if there	2323
is no medical director, the licensed physician responsible for the	2324
treatment a hospital or community mental health agency provides.	2325
The chief clinical officer may delegate to the attending physician	2326
responsible for a patient's care the duties imposed on the chief	2327
clinical officer by this chapter. Within a community mental health	2328
agency, the chief clinical officer shall be designated by the	2329
governing body of the agency and shall be a licensed physician or	2330
licensed clinical psychologist who supervises diagnostic and	2331
treatment services. A licensed physician or licensed clinical	2332
psychologist designated by the chief clinical officer may perform	2333
the duties and accept the responsibilities of the chief clinical	2334
officer in the chief clinical officer's absence.	2335

(L) "Working day" or "court day" means Monday, Tuesday,	2336
Wednesday, Thursday, and Friday, except when such day is a	2337
holiday.	2338

(M) "Indigent" means unable without deprivation of	2339
satisfaction of basic needs to provide for the payment of an	2340
attorney and other necessary expenses of legal representation,	2341
including expert testimony.	2342

(N) "Respondent" means the person whose detention,	2343
commitment, hospitalization, continued hospitalization or	2344
commitment, or discharge is being sought in any proceeding under	2345
this chapter.	2346

(O) "Legal rights service" means the service established	2347
under section 5123.60 of the Revised Code.	2348

(P) "Independent expert evaluation" means an evaluation	2349
conducted by a licensed clinical psychologist, psychiatrist, or	2350
licensed physician who has been selected by the respondent or the	2351
respondent's counsel and who consents to conducting the	2352
evaluation.	2353

(Q) "Court" means the probate division of the court of common	2354
pleas.	2355

(R) "Expunge" means:

2356

(1) The removal and destruction of court files and records,	2357
originals and copies, and the deletion of all index references;	2358

(2) The reporting to the person of the nature and extent of	2359
any information about the person transmitted to any other person	2360
by the court;	2361

(3) Otherwise insuring that any examination of court files	2362
and records in question shall show no record whatever with respect	2363
to the person;	2364

(4) That all rights and privileges are restored, and that the	2365
person, the court, and any other person may properly reply that no	2366
such record exists, as to any matter expunged.	2367

(S) "Residence" means a person's physical presence in a	2368
county with intent to remain there, except that:	2369

(1) If a person is receiving a mental health service at a	2370
facility that includes nighttime sleeping accommodations,	2371
residence means that county in which the person maintained the	2372
person's primary place of residence at the time the person entered	2373
the facility;	2374

(2) If a person is committed pursuant to section 2945.38,	2375
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	2376
residence means the county where the criminal charges were filed.	2377

When the residence of a person is disputed, the matter of	2378
residence shall be referred to the department of mental health for	2379
investigation and determination. Residence shall not be a basis	2380
for a board's denying services to any person present in the	2381
board's service district, and the board shall provide services for	2382
a person whose residence is in dispute while residence is being	2383
determined and for a person in an emergency situation.	2384

(T) "Admission" to a hospital or other place means that a	2385
patient is accepted for and stays at least one night at the	2386
hospital or other place.	2387

(U) "Prosecutor" means the prosecuting attorney, village	2388
solicitor, city director of law, or similar chief legal officer	2389
who prosecuted a criminal case in which a person was found not	2390
guilty by reason of insanity, who would have had the authority to	2391
prosecute a criminal case against a person if the person had not	2392
been found incompetent to stand trial, or who prosecuted a case in	2393
which a person was found guilty.	2394

(V) "Treatment plan" means a written statement of reasonable	2395
objectives and goals for an individual established by the	2396
treatment team, with specific criteria to evaluate progress	2397
towards achieving those objectives. The active participation of	2398
the patient in establishing the objectives and goals shall be	2399
documented. The treatment plan shall be based on patient needs and	2400
include services to be provided to the patient while the patient	2401
is hospitalized and after the patient is discharged. The treatment	2402
plan shall address services to be provided upon discharge,	2403
including but not limited to housing, financial, and vocational	2404
services.	2405

(W) "Community control sanction" has the same meaning as in	2406
section 2929.01 of the Revised Code.	2407

(X) "Post-release control sanction" has the same meaning as	2408
in section 2967.01 of the Revised Code.	2409

Section 2. That existing sections 102.02, 102.022, 102.03,	2410
2152.54, 2919.271, 2945.37, 4732.01, 4732.02, 4732.03, 4732.05,	2411
4732.06, 4732.07, 4732.09, 4732.10, 4732.11, 4732.12, 4732.13,	2412
4732.14, 4732.141, 4732.16, 4732.17, 4732.172, 4732.173, 4732.18,	2413
4732.21, 4732.22, 4732.31, 4755.13, 4757.42, 5120.55, and 5122.01	2414
and sections 4732.15, 4732.171, and 4732.23 of the Revised Code	2415
are hereby repealed.	2416

Section 3. That the version of section 5122.01 of the Revised	2417
Code that is scheduled to take effect on October 1, 2012, be	2418
amended to read as follows:	2419

Sec. 5122.01. As used in this chapter and Chapter 5119. of	2420
the Revised Code:	2421

(A) "Mental illness" means a substantial disorder of thought,	2422
mood, perception, orientation, or memory that grossly impairs	2423
judgment, behavior, capacity to recognize reality, or ability to	2424
meet the ordinary demands of life.	2425

(B) "Mentally ill person subject to hospitalization by court	2426
order" means a mentally ill person who, because of the person's	2427
illness:	2428

(1) Represents a substantial risk of physical harm to self as	2429
manifested by evidence of threats of, or attempts at, suicide or	2430
serious self-inflicted bodily harm;	2431

(2) Represents a substantial risk of physical harm to others	2432
as manifested by evidence of recent homicidal or other violent	2433
behavior, evidence of recent threats that place another in	2434
reasonable fear of violent behavior and serious physical harm, or	2435
other evidence of present dangerousness;	2436

(3) Represents a substantial and immediate risk of serious	2437
physical impairment or injury to self as manifested by evidence	2438
that the person is unable to provide for and is not providing for	2439
the person's basic physical needs because of the person's mental	2440
illness and that appropriate provision for those needs cannot be	2441
made immediately available in the community; or	2442

(4) Would benefit from treatment in a hospital for the	2443
person's mental illness and is in need of such treatment as	2444
manifested by evidence of behavior that creates a grave and	2445
imminent risk to substantial rights of others or the person.	2446

(C)(1) "Patient" means, subject to division (C)(2) of this	2447
section, a person who is admitted either voluntarily or	2448
involuntarily to a hospital or other place under section 2945.39,	2449
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	2450
finding of not guilty by reason of insanity or incompetence to	2451
stand trial or under this chapter, who is under observation or	2452
receiving treatment in such place.	2453

(2) "Patient" does not include a person admitted to a	2454
hospital or other place under section 2945.39, 2945.40, 2945.401,	2455
or 2945.402 of the Revised Code to the extent that the reference	2456
in this chapter to patient, or the context in which the reference	2457
occurs, is in conflict with any provision of sections 2945.37 to	2458
2945.402 of the Revised Code.	2459

(D) "Licensed physician" means a person licensed under the	2460
laws of this state to practice medicine or a medical officer of	2461
the government of the United States while in this state in the	2462
performance of the person's official duties.	2463

(E) "Psychiatrist" means a licensed physician who has	2464
satisfactorily completed a residency training program in	2465
psychiatry, as approved by the residency review committee of the	2466
American medical association, the committee on post-graduate	2467
education of the American osteopathic association, or the American	2468
osteopathic board of neurology and psychiatry, or who on July 1,	2469
1989, has been recognized as a psychiatrist by the Ohio state	2470
medical association or the Ohio osteopathic association on the	2471
basis of formal training and five or more years of medical	2472
practice limited to psychiatry.	2473

(F) "Hospital" means a hospital or inpatient unit licensed by	2474
the department of mental health under section 5119.20 of the	2475
Revised Code, and any institution, hospital, or other place	2476
established, controlled, or supervised by the department under	2477
Chapter 5119. of the Revised Code.	2478

(G) "Public hospital" means a facility that is tax-supported	2479
and under the jurisdiction of the department of mental health.	2480

(H) "Community mental health agency" means an agency that	2481
provides community mental health services that are certified by	2482
the director of mental health under section 5119.611 of the	2483
Revised Code.	2484

(I) "Licensed clinical psychologist" means a person who holds	2485
a current valid psychologist license issued under section 4732.12	2486
~~or 4732.15~~ of the Revised Code, and in addition, meets ~~either of~~	2487
~~the following criteria:~~	2488

~~(1) Meets~~ the educational requirements set forth in division	2489
(B) of section 4732.10 of the Revised Code and has a minimum of	2490
two years' full-time professional experience, or the equivalent as	2491
determined by rule of the state board of psychology, at least one	2492
year of which shall be a predoctoral internship, in clinical	2493
psychological work in a public or private hospital or clinic or in	2494
private practice, diagnosing and treating problems of mental	2495
illness or mental retardation under the supervision of a	2496
psychologist who is licensed or who holds a diploma issued by the	2497
American board of professional psychology, or whose qualifications	2498
are substantially similar to those required for licensure by the	2499
state board of psychology when the supervision has occurred prior	2500
to enactment of laws governing the practice of psychology;	2501

~~(2) Meets the educational requirements set forth in division~~	2502
~~(B) of section 4732.15 of the Revised Code and has a minimum of~~	2503
~~four years' full-time professional experience, or the equivalent~~	2504
~~as determined by rule of the state board of psychology, in~~	2505
~~clinical psychological work in a public or private hospital or~~	2506
~~clinic or in private practice, diagnosing and treating problems of~~	2507
~~mental illness or mental retardation under supervision, as set~~	2508
~~forth in division (I)(1) of this section~~.	2509

(J) "Health officer" means any public health physician;	2510
public health nurse; or other person authorized by or designated	2511
by a city health district; a general health district; or a board	2512
of alcohol, drug addiction, and mental health services to perform	2513
the duties of a health officer under this chapter.	2514

(K) "Chief clinical officer" means the medical director of a	2515
hospital, or a community mental health agency, or a board of	2516
alcohol, drug addiction, and mental health services, or, if there	2517
is no medical director, the licensed physician responsible for the	2518
treatment a hospital or community mental health agency provides.	2519
The chief clinical officer may delegate to the attending physician	2520
responsible for a patient's care the duties imposed on the chief	2521
clinical officer by this chapter. Within a community mental health	2522
agency, the chief clinical officer shall be designated by the	2523
governing body of the agency and shall be a licensed physician or	2524
licensed clinical psychologist who supervises diagnostic and	2525
treatment services. A licensed physician or licensed clinical	2526
psychologist designated by the chief clinical officer may perform	2527
the duties and accept the responsibilities of the chief clinical	2528
officer in the chief clinical officer's absence.	2529

(L) "Working day" or "court day" means Monday, Tuesday,	2530
Wednesday, Thursday, and Friday, except when such day is a	2531
holiday.	2532

(M) "Indigent" means unable without deprivation of	2533
satisfaction of basic needs to provide for the payment of an	2534
attorney and other necessary expenses of legal representation,	2535
including expert testimony.	2536

(N) "Respondent" means the person whose detention,	2537
commitment, hospitalization, continued hospitalization or	2538
commitment, or discharge is being sought in any proceeding under	2539
this chapter.	2540

(O) "Ohio protection and advocacy system" has the same	2541
meaning as in section 5123.60 of the Revised Code.	2542

(P) "Independent expert evaluation" means an evaluation	2543
conducted by a licensed clinical psychologist, psychiatrist, or	2544
licensed physician who has been selected by the respondent or the	2545
respondent's counsel and who consents to conducting the	2546
evaluation.	2547

(Q) "Court" means the probate division of the court of common	2548
pleas.	2549

(R) "Expunge" means:

2550

(1) The removal and destruction of court files and records,	2551
originals and copies, and the deletion of all index references;	2552

(2) The reporting to the person of the nature and extent of	2553
any information about the person transmitted to any other person	2554
by the court;	2555

(3) Otherwise insuring that any examination of court files	2556
and records in question shall show no record whatever with respect	2557
to the person;	2558

(4) That all rights and privileges are restored, and that the	2559
person, the court, and any other person may properly reply that no	2560
such record exists, as to any matter expunged.	2561

(S) "Residence" means a person's physical presence in a	2562
county with intent to remain there, except that:	2563

(1) If a person is receiving a mental health service at a	2564
facility that includes nighttime sleeping accommodations,	2565
residence means that county in which the person maintained the	2566
person's primary place of residence at the time the person entered	2567
the facility;	2568

(2) If a person is committed pursuant to section 2945.38,	2569
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	2570
residence means the county where the criminal charges were filed.	2571

When the residence of a person is disputed, the matter of	2572
residence shall be referred to the department of mental health for	2573
investigation and determination. Residence shall not be a basis	2574
for a board's denying services to any person present in the	2575
board's service district, and the board shall provide services for	2576
a person whose residence is in dispute while residence is being	2577
determined and for a person in an emergency situation.	2578

(T) "Admission" to a hospital or other place means that a	2579
patient is accepted for and stays at least one night at the	2580
hospital or other place.	2581

(U) "Prosecutor" means the prosecuting attorney, village	2582
solicitor, city director of law, or similar chief legal officer	2583
who prosecuted a criminal case in which a person was found not	2584
guilty by reason of insanity, who would have had the authority to	2585
prosecute a criminal case against a person if the person had not	2586
been found incompetent to stand trial, or who prosecuted a case in	2587
which a person was found guilty.	2588

(V) "Treatment plan" means a written statement of reasonable	2589
objectives and goals for an individual established by the	2590
treatment team, with specific criteria to evaluate progress	2591
towards achieving those objectives. The active participation of	2592
the patient in establishing the objectives and goals shall be	2593
documented. The treatment plan shall be based on patient needs and	2594
include services to be provided to the patient while the patient	2595
is hospitalized and after the patient is discharged. The treatment	2596
plan shall address services to be provided upon discharge,	2597
including but not limited to housing, financial, and vocational	2598
services.	2599

(W) "Community control sanction" has the same meaning as in	2600
section 2929.01 of the Revised Code.	2601

(X) "Post-release control sanction" has the same meaning as	2602
in section 2967.01 of the Revised Code.	2603

Section 4. That the version of section 5122.01 of the Revised	2604
Code that is scheduled to take effect on October 1, 2012, is	2605
hereby repealed.	2606

Section 5. Sections 3 and 4 of this act take effect October	2607
1, 2012.	2608

Section 6. Section 102.02 of the Revised Code is presented	2609
in this act as a composite of the section as amended by both Am.	2610
Sub. H.B. 153 and Sub. S.B. 171 of the 129 General Assembly. The	2611
General Assembly, applying the principle stated in division (B) of	2612
section 1.52 of the Revised Code that amendments are to be	2613
harmonized if reasonably capable of simultaneous operation, finds	2614
that the composite is the resulting version of the section in	2615
effect prior to the effective date of the section as presented in	2616
this act.	2617