As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 567

Representative Sears 

Cosponsors: Representatives Gonzales, Hackett, Hill, Stebelton, Thompson 

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A BILL

To amend sections 1701.03, 1705.03, 1705.04, 1705.53,

1

1785.01, 1785.02, 1785.03, 2305.234, 2305.51,

2

2921.22, 3107.014, 3701.74, 3721.21, 4723.16,

3

4725.33, 4729.161, 4731.226, 4731.65, 4732.28,

4

4734.17, 4755.471, 4757.03, 4757.16, 4757.22,

5

4757.23, 4757.27, 4757.28, 4757.29, 4757.30,

6

4757.31, 4757.33, 4757.36, 4757.41, 5101.61, and

7

5123.61; to enact sections 4757.13 and 4757.37;

8

and to repeal section 4757.12 of the Revised Code

9

to modify counselor, social worker, and marriage

10

and family therapist licensing law, to provide

11

certain professional rights to such licensees, and

12

to amend the version of section 5123.61 of the

13

Revised Code that is scheduled to take effect on

14

October 1, 2012.

15

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

Section 1. That sections 1701.03, 1705.03, 1705.04, 1705.53,	16
1785.01, 1785.02, 1785.03, 2305.234, 2305.51, 2921.22, 3107.014,	17
3701.74, 3721.21, 4723.16, 4725.33, 4729.161, 4731.226, 4731.65,	18
4732.28, 4734.17, 4755.471, 4757.03, 4757.16, 4757.22, 4757.23,	19
4757.27, 4757.28, 4757.29, 4757.30, 4757.31, 4757.33, 4757.36,	20
4757.41, 5101.61, and 5123.61 be amended and sections 4757.13 and	21
4757.37 be enacted to read as follows:	22

Sec. 1701.03.  (A) A corporation may be formed under this	23
chapter for any purpose or combination of purposes for which	24
individuals lawfully may associate themselves, except that, if the	25
Revised Code contains special provisions pertaining to the	26
formation of any designated type of corporation other than a	27
professional association, as defined in section 1785.01 of the	28
Revised Code, a corporation of that type shall be formed in	29
accordance with the special provisions.	30

(B) On and after July 1, 1994, a corporation may be formed	31
under this chapter for the purpose of carrying on the practice of	32
any profession, including, but not limited to, a corporation for	33
the purpose of providing public accounting or certified public	34
accounting services, a corporation for the erection, owning, and	35
conducting of a sanitarium for receiving and caring for patients,	36
medical and hygienic treatment of patients, and instruction of	37
nurses in the treatment of disease and in hygiene, a corporation	38
for the purpose of providing architectural, landscape	39
architectural, professional engineering, or surveying services or	40
any combination of those types of services, and a corporation for	41
the purpose of providing a combination of the professional	42
services, as defined in section 1785.01 of the Revised Code, of	43
optometrists authorized under Chapter 4725. of the Revised Code,	44
chiropractors authorized under Chapter 4734. of the Revised Code	45
to practice chiropractic or acupuncture, psychologists authorized	46
under Chapter 4732. of the Revised Code, counselors, social	47
workers, or marriage and family therapists licensed under Chapter	48
4757. of the Revised Code, registered or licensed practical nurses	49
authorized under Chapter 4723. of the Revised Code, pharmacists	50
authorized under Chapter 4729. of the Revised Code, physical	51
therapists authorized under sections 4755.40 to 4755.56 of the	52
Revised Code, mechanotherapists authorized under section 4731.151	53
of the Revised Code, and doctors of medicine and surgery,	54
osteopathic medicine and surgery, or podiatric medicine and	55
surgery authorized under Chapter 4731. of the Revised Code. This	56
chapter does not restrict, limit, or otherwise affect the	57
authority or responsibilities of any agency, board, commission,	58
department, office, or other entity to license, register, and	59
otherwise regulate the professional conduct of individuals or	60
organizations of any kind rendering professional services, as	61
defined in section 1785.01 of the Revised Code, in this state or	62
to regulate the practice of any profession that is within the	63
jurisdiction of the agency, board, commission, department, office,	64
or other entity, notwithstanding that an individual is a director,	65
officer, employee, or other agent of a corporation formed under	66
this chapter and is rendering professional services or engaging in	67
the practice of a profession through a corporation formed under	68
this chapter or that the organization is a corporation formed	69
under this chapter.	70

(C) Nothing in division (A) or (B) of this section precludes	71
the organization of a professional association in accordance with	72
this chapter and Chapter 1785. of the Revised Code or the	73
formation of a limited liability company under Chapter 1705. of	74
the Revised Code with respect to a business, as defined in section	75
1705.01 of the Revised Code.	76

(D) No corporation formed for the purpose of providing a	77
combination of the professional services, as defined in section	78
1785.01 of the Revised Code, of optometrists authorized under	79
Chapter 4725. of the Revised Code, chiropractors authorized under	80
Chapter 4734. of the Revised Code to practice chiropractic or	81
acupuncture, psychologists authorized under Chapter 4732. of the	82
Revised Code, counselors, social workers, or marriage and family	83
therapists licensed under Chapter 4757. of the Revised Code,	84
registered or licensed practical nurses authorized under Chapter	85
4723. of the Revised Code, pharmacists authorized under Chapter	86
4729. of the Revised Code, physical therapists authorized under	87
sections 4755.40 to 4755.56 of the Revised Code, mechanotherapists	88
authorized under section 4731.151 of the Revised Code, and doctors	89
of medicine and surgery, osteopathic medicine and surgery, or	90
podiatric medicine and surgery authorized under Chapter 4731. of	91
the Revised Code shall control the professional clinical judgment	92
exercised within accepted and prevailing standards of practice of	93
a licensed, certificated, or otherwise legally authorized	94
optometrist, chiropractor, chiropractor practicing acupuncture	95
through the state chiropractic board, counselor, social worker,	96
marriage and family therapist, psychologist, nurse, pharmacist,	97
physical therapist, mechanotherapist, or doctor of medicine and	98
surgery, osteopathic medicine and surgery, or podiatric medicine	99
and surgery in rendering care, treatment, or professional advice	100
to an individual patient.	101

This division does not prevent a hospital, as defined in	102
section 3727.01 of the Revised Code, insurer, as defined in	103
section 3999.36 of the Revised Code, or intermediary organization,	104
as defined in section 1751.01 of the Revised Code, from entering	105
into a contract with a corporation described in this division that	106
includes a provision requiring utilization review, quality	107
assurance, peer review, or other performance or quality standards.	108
Those activities shall not be construed as controlling the	109
professional clinical judgment of an individual practitioner	110
listed in this division.	111

Sec. 1705.03.  (A) A limited liability company may sue and be	112
sued.	113

(B) Unless otherwise provided in its articles of	114
organization, a limited liability company may take property of any	115
description or any interest in property of any description by	116
gift, devise, or bequest and may make donations for the public	117
welfare or for charitable, scientific, or educational purposes.	118

(C) In carrying out the purposes stated in its articles of	119
organization or operating agreement and subject to limitations	120
prescribed by law or in its articles of organization or its	121
operating agreement, a limited liability company may do all of the	122
following:	123

(1) Purchase or otherwise acquire, lease as lessee or lessor,	124
invest in, hold, use, encumber, sell, exchange, transfer, and	125
dispose of property of any description or any interest in property	126
of any description;	127

(2) Make contracts;

128

(3) Form or acquire the control of other domestic or foreign	129
limited liability companies;	130

(4) Be a shareholder, partner, member, associate, or	131
participant in other profit or nonprofit enterprises or ventures;	132

(5) Conduct its affairs in this state and elsewhere;

133

(6) Render in this state and elsewhere a professional	134
service, the kinds of professional services authorized under	135
Chapters 4703. and 4733. of the Revised Code, or a combination of	136
the professional services of optometrists authorized under Chapter	137
4725. of the Revised Code, chiropractors authorized under Chapter	138
4734. of the Revised Code to practice chiropractic or acupuncture,	139
counselors, social workers, or marriage and family therapists	140
licensed under Chapter 4757. of the Revised Code, psychologists	141
authorized under Chapter 4732. of the Revised Code, registered or	142
licensed practical nurses authorized under Chapter 4723. of the	143
Revised Code, pharmacists authorized under Chapter 4729. of the	144
Revised Code, physical therapists authorized under sections	145
4755.40 to 4755.56 of the Revised Code, occupational therapists	146
authorized under sections 4755.04 to 4755.13 of the Revised Code,	147
mechanotherapists authorized under section 4731.151 of the Revised	148
Code, and doctors of medicine and surgery, osteopathic medicine	149
and surgery, or podiatric medicine and surgery authorized under	150
Chapter 4731. of the Revised Code;	151

(7) Borrow money;

152

(8) Issue, sell, and pledge its notes, bonds, and other	153
evidences of indebtedness;	154

(9) Secure any of its obligations by mortgage, pledge, or	155
deed of trust of all or any of its property;	156

(10) Guarantee or secure obligations of any person;

157

(11) Do all things permitted by law and exercise all	158
authority within or incidental to the purposes stated in its	159
articles of organization.	160

(D) In addition to the authority conferred by division (C) of	161
this section and irrespective of the purposes stated in its	162
articles of organization or operating agreement but subject to any	163
limitations stated in those articles or its operating agreement, a	164
limited liability company may invest funds not currently needed in	165
its business in any securities if the investment does not cause	166
the company to acquire control of another enterprise whose	167
activities and operations are not incidental to the purposes	168
stated in the articles of organization of the company.	169

(E)(1) No lack of authority or limitation upon the authority	170
of a limited liability company shall be asserted in any action	171
except as follows:	172

(a) By the state in an action by it against the company;

173

(b) By or on behalf of the company in an action against a	174
manager, an officer, or any member as a member;	175

(c) By a member as a member in an action against the company,	176
a manager, an officer, or any member as a member;	177

(d) In an action involving an alleged improper issue of a	178
membership interest in the company.	179

(2) Division (E)(1) of this section applies to any action	180
commenced in this state upon any contract made in this state by a	181
foreign limited liability company.	182

Sec. 1705.04.  (A) One or more persons, without regard to	183
residence, domicile, or state of organization, may form a limited	184
liability company. The articles of organization shall be signed	185
and filed with the secretary of state and shall set forth all of	186
the following:	187

(1) The name of the company;

188

(2) Except as provided in division (B) of this section, the	189
period of its duration, which may be perpetual;	190

(3) Any other provisions that are from the operating	191
agreement or that are not inconsistent with applicable law and	192
that the members elect to set out in the articles for the	193
regulation of the affairs of the company.	194

The legal existence of the company begins upon the filing of	195
the articles of organization or on a later date specified in the	196
articles of organization that is not more than ninety days after	197
the filing.	198

(B) If the articles of organization or operating agreement do	199
not set forth the period of the duration of the limited liability	200
company, its duration shall be perpetual.	201

(C) If a limited liability company is formed under this	202
chapter for the purpose of rendering a professional service, the	203
kinds of professional services authorized under Chapters 4703. and	204
4733. of the Revised Code, or a combination of the professional	205
services of optometrists authorized under Chapter 4725. of the	206
Revised Code, chiropractors authorized under Chapter 4734. of the	207
Revised Code to practice chiropractic or acupuncture, counselors,	208
social workers, or marriage and family therapists licensed under	209
Chapter 4757. of the Revised Code, psychologists authorized under	210
Chapter 4732. of the Revised Code, registered or licensed	211
practical nurses authorized under Chapter 4723. of the Revised	212
Code, pharmacists authorized under Chapter 4729. of the Revised	213
Code, physical therapists authorized under sections 4755.40 to	214
4755.56 of the Revised Code, occupational therapists authorized	215
under sections 4755.04 to 4755.13 of the Revised Code,	216
mechanotherapists authorized under section 4731.151 of the Revised	217
Code, and doctors of medicine and surgery, osteopathic medicine	218
and surgery, or podiatric medicine and surgery authorized under	219
Chapter 4731. of the Revised Code, the following apply:	220

(1) Each member, employee, or other agent of the company who	221
renders a professional service in this state and, if the	222
management of the company is not reserved to its members, each	223
manager of the company who renders a professional service in this	224
state shall be licensed, certificated, or otherwise legally	225
authorized to render in this state the same kind of professional	226
service; if applicable, the kinds of professional services	227
authorized under Chapters 4703. and 4733. of the Revised Code; or,	228
if applicable, any of the kinds of professional services of	229
optometrists authorized under Chapter 4725. of the Revised Code,	230
chiropractors authorized under Chapter 4734. of the Revised Code	231
to practice chiropractic or acupuncture, counselors, social	232
workers, or marriage and family therapists licensed under Chapter	233
4757. of the Revised Code, psychologists authorized under Chapter	234
4732. of the Revised Code, registered or licensed practical nurses	235
authorized under Chapter 4723. of the Revised Code, pharmacists	236
authorized under Chapter 4729. of the Revised Code, physical	237
therapists authorized under sections 4755.40 to 4755.56 of the	238
Revised Code, occupational therapists authorized under sections	239
4755.04 to 4755.13 of the Revised Code, mechanotherapists	240
authorized under section 4731.151 of the Revised Code, or doctors	241
of medicine and surgery, osteopathic medicine and surgery, or	242
podiatric medicine and surgery authorized under Chapter 4731. of	243
the Revised Code.	244

(2) Each member, employee, or other agent of the company who	245
renders a professional service in another state and, if the	246
management of the company is not reserved to its members, each	247
manager of the company who renders a professional service in	248
another state shall be licensed, certificated, or otherwise	249
legally authorized to render that professional service in the	250
other state.	251

(D) Except for the provisions of this chapter pertaining to	252
the personal liability of members, employees, or other agents of a	253
limited liability company and, if the management of the company is	254
not reserved to its members, the personal liability of managers of	255
the company, this chapter does not restrict, limit, or otherwise	256
affect the authority or responsibilities of any agency, board,	257
commission, department, office, or other entity to license,	258
certificate, register, and otherwise regulate the professional	259
conduct of individuals or organizations of any kind rendering	260
professional services in this state or to regulate the practice of	261
any profession that is within the jurisdiction of the agency,	262
board, commission, department, office, or other entity,	263
notwithstanding that the individual is a member or manager of a	264
limited liability company and is rendering the professional	265
services or engaging in the practice of the profession through the	266
limited liability company or that the organization is a limited	267
liability company.	268

(E) No limited liability company formed for the purpose of	269
providing a combination of the professional services, as defined	270
in section 1785.01 of the Revised Code, of optometrists authorized	271
under Chapter 4725. of the Revised Code, chiropractors authorized	272
under Chapter 4734. of the Revised Code to practice chiropractic	273
or acupuncture, counselors, social workers, or marriage and family	274
therapists licensed under Chapter 4757. of the Revised Code,	275
psychologists authorized under Chapter 4732. of the Revised Code,	276
registered or licensed practical nurses authorized under Chapter	277
4723. of the Revised Code, pharmacists authorized under Chapter	278
4729. of the Revised Code, physical therapists authorized under	279
sections 4755.40 to 4755.56 of the Revised Code, occupational	280
therapists authorized under sections 4755.04 to 4755.13 of the	281
Revised Code, mechanotherapists authorized under section 4731.151	282
of the Revised Code, and doctors of medicine and surgery,	283
osteopathic medicine and surgery, or podiatric medicine and	284
surgery authorized under Chapter 4731. of the Revised Code shall	285
control the professional clinical judgment exercised within	286
accepted and prevailing standards of practice of a licensed,	287
certificated, or otherwise legally authorized optometrist,	288
chiropractor, chiropractor practicing acupuncture through the	289
state chiropractic board, counselor, social worker, marriage and	290
family therapist, psychologist, nurse, pharmacist, physical	291
therapist, occupational therapist, mechanotherapist, or doctor of	292
medicine and surgery, osteopathic medicine and surgery, or	293
podiatric medicine and surgery in rendering care, treatment, or	294
professional advice to an individual patient.	295

This division does not prevent a hospital, as defined in	296
section 3727.01 of the Revised Code, insurer, as defined in	297
section 3999.36 of the Revised Code, or intermediary organization,	298
as defined in section 1751.01 of the Revised Code, from entering	299
into a contract with a limited liability company described in this	300
division that includes a provision requiring utilization review,	301
quality assurance, peer review, or other performance or quality	302
standards. Those activities shall not be construed as controlling	303
the professional clinical judgment of an individual practitioner	304
listed in this division.	305

Sec. 1705.53.  Subject to any contrary provisions of the Ohio	306
Constitution, the laws of the state under which a foreign limited	307
liability company is organized govern its organization and	308
internal affairs and the liability of its members. A foreign	309
limited liability company may not be denied a certificate of	310
registration as a foreign limited liability company in this state	311
because of any difference between the laws of the state under	312
which it is organized and the laws of this state. However, a	313
foreign limited liability company that applies for registration	314
under this chapter to render a professional service in this state,	315
as a condition to obtaining and maintaining a certificate of	316
registration, shall comply with the requirements of division (C)	317
of section 1705.04 of the Revised Code and shall comply with the	318
requirements of Chapters 4703. and 4733. of the Revised Code if	319
the kinds of professional services authorized under those chapters	320
are to be rendered or with the requirements of Chapters 4723.,	321
4725., 4729., 4731., 4732., 4734., and 4755., and 4757. of the	322
Revised Code if a combination of the professional services of	323
optometrists authorized under Chapter 4725. of the Revised Code,	324
chiropractors authorized under Chapter 4734. of the Revised Code	325
to practice chiropractic or acupuncture, counselors, social	326
workers, or marriage and family therapists licensed under Chapter	327
4757. of the Revised Code, psychologists authorized under Chapter	328
4732. of the Revised Code, registered or licensed practical nurses	329
authorized under Chapter 4723. of the Revised Code, pharmacists	330
authorized under Chapter 4729. of the Revised Code, physical	331
therapists authorized under sections 4755.40 to 4755.56 of the	332
Revised Code, occupational therapists authorized under sections	333
4755.04 to 4755.13 of the Revised Code, mechanotherapists	334
authorized under section 4731.151 of the Revised Code, and doctors	335
of medicine and surgery, osteopathic medicine and surgery, or	336
podiatric medicine and surgery authorized under Chapter 4731. of	337
the Revised Code are to be rendered.	338

Sec. 1785.01.  As used in this chapter:

339

(A) "Professional service" means any type of professional	340
service that may be performed only pursuant to a license,	341
certificate, or other legal authorization issued pursuant to	342
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730.,	343
4731., 4732., 4733., 4734., or 4741., sections 4755.04 to 4755.13,	344
or 4755.40 to 4755.56, or Chapter 4757. of the Revised Code to	345
certified public accountants, licensed public accountants,	346
architects, attorneys, dentists, nurses, optometrists,	347
pharmacists, physician assistants, doctors of medicine and	348
surgery, doctors of osteopathic medicine and surgery, doctors of	349
podiatric medicine and surgery, practitioners of the limited	350
branches of medicine specified in section 4731.15 of the Revised	351
Code, mechanotherapists, counselors, social workers, marriage and	352
family therapists, psychologists, professional engineers,	353
chiropractors, chiropractors practicing acupuncture through the	354
state chiropractic board, veterinarians, occupational therapists,	355
physical therapists, and occupational therapists.	356

(B) "Professional association" means an association organized	357
under this chapter for the sole purpose of rendering one of the	358
professional services authorized under Chapter 4701., 4703.,	359
4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733.,	360
4734., or 4741., sections 4755.04 to 4755.13, or 4755.40 to	361
4755.56, or Chapter 4757. of the Revised Code, a combination of	362
the professional services authorized under Chapters 4703. and	363
4733. of the Revised Code, or a combination of the professional	364
services of optometrists authorized under Chapter 4725. of the	365
Revised Code, chiropractors authorized under Chapter 4734. of the	366
Revised Code to practice chiropractic or acupuncture, counselors,	367
social workers, or marriage and family therapists licensed under	368
Chapter 4757. of the Revised Code, psychologists authorized under	369
Chapter 4732. of the Revised Code, registered or licensed	370
practical nurses authorized under Chapter 4723. of the Revised	371
Code, pharmacists authorized under Chapter 4729. of the Revised	372
Code, physical therapists authorized under sections 4755.40 to	373
4755.56 of the Revised Code, occupational therapists authorized	374
under sections 4755.04 to 4755.13 of the Revised Code,	375
mechanotherapists authorized under section 4731.151 of the Revised	376
Code, and doctors of medicine and surgery, osteopathic medicine	377
and surgery, or podiatric medicine and surgery authorized under	378
Chapter 4731. of the Revised Code.	379

Sec. 1785.02.  An individual or group of individuals each of	380
whom is licensed, certificated, or otherwise legally authorized to	381
render within this state the same kind of professional service, a	382
group of individuals each of whom is licensed, certificated, or	383
otherwise legally authorized to render within this state the	384
professional service authorized under Chapter 4703. or 4733. of	385
the Revised Code, or a group of individuals each of whom is	386
licensed, certificated, or otherwise legally authorized to render	387
within this state the professional service of optometrists	388
authorized under Chapter 4725. of the Revised Code, chiropractors	389
authorized under Chapter 4734. of the Revised Code to practice	390
chiropractic or acupuncture, counselors, social workers, or	391
marriage and family therapists licensed under Chapter 4757. of the	392
Revised Code, psychologists authorized under Chapter 4732. of the	393
Revised Code, registered or licensed practical nurses authorized	394
under Chapter 4723. of the Revised Code, pharmacists authorized	395
under Chapter 4729. of the Revised Code, physical therapists	396
authorized under sections 4755.40 to 4755.56 of the Revised Code,	397
occupational therapists authorized under sections 4755.04 to	398
4755.13 of the Revised Code, mechanotherapists authorized under	399
section 4731.151 of the Revised Code, or doctors of medicine and	400
surgery, osteopathic medicine and surgery, or podiatric medicine	401
and surgery authorized under Chapter 4731. of the Revised Code may	402
organize and become a shareholder or shareholders of a	403
professional association. Any group of individuals described in	404
this section who may be rendering one of the professional services	405
as an organization created otherwise than pursuant to this chapter	406
may incorporate under and pursuant to this chapter by amending the	407
agreement establishing the organization in a manner that the	408
agreement as amended constitutes articles of incorporation	409
prepared and filed in the manner prescribed in section 1785.08 of	410
the Revised Code and by otherwise complying with the applicable	411
requirements of this chapter.	412

Sec. 1785.03.  A professional association may render a	413
particular professional service only through officers, employees,	414
and agents who are themselves duly licensed, certificated, or	415
otherwise legally authorized to render the professional service	416
within this state. As used in this section, "employee" does not	417
include clerks, bookkeepers, technicians, or other individuals who	418
are not usually and ordinarily considered by custom and practice	419
to be rendering a particular professional service for which a	420
license, certificate, or other legal authorization is required and	421
does not include any other person who performs all of that	422
person's employment under the direct supervision and control of an	423
officer, agent, or employee who renders a particular professional	424
service to the public on behalf of the professional association.	425

No professional association formed for the purpose of	426
providing a combination of the professional services, as defined	427
in section 1785.01 of the Revised Code, of optometrists authorized	428
under Chapter 4725. of the Revised Code, chiropractors authorized	429
under Chapter 4734. of the Revised Code to practice chiropractic	430
or acupuncture, counselors, social workers, or marriage and family	431
therapists licensed under Chapter 4757. of the Revised Code,	432
psychologists authorized under Chapter 4732. of the Revised Code,	433
registered or licensed practical nurses authorized under Chapter	434
4723. of the Revised Code, pharmacists authorized under Chapter	435
4729. of the Revised Code, physical therapists authorized under	436
sections 4755.40 to 4755.56 of the Revised Code, occupational	437
therapists authorized under sections 4755.04 to 4755.13 of the	438
Revised Code, mechanotherapists authorized under section 4731.151	439
of the Revised Code, and doctors of medicine and surgery,	440
osteopathic medicine and surgery, or podiatric medicine and	441
surgery authorized under Chapter 4731. of the Revised Code shall	442
control the professional clinical judgment exercised within	443
accepted and prevailing standards of practice of a licensed,	444
certificated, or otherwise legally authorized optometrist,	445
chiropractor, chiropractor practicing acupuncture through the	446
state chiropractic board, counselor, social worker, marriage and	447
family therapist, psychologist, nurse, pharmacist, physical	448
therapist, occupational therapist, mechanotherapist, or doctor of	449
medicine and surgery, osteopathic medicine and surgery, or	450
podiatric medicine and surgery in rendering care, treatment, or	451
professional advice to an individual patient.	452

This division does not prevent a hospital, as defined in	453
section 3727.01 of the Revised Code, insurer, as defined in	454
section 3999.36 of the Revised Code, or intermediary organization,	455
as defined in section 1751.01 of the Revised Code, from entering	456
into a contract with a professional association described in this	457
division that includes a provision requiring utilization review,	458
quality assurance, peer review, or other performance or quality	459
standards. Those activities shall not be construed as controlling	460
the professional clinical judgment of an individual practitioner	461
listed in this division.	462

Sec. 2305.234.  (A) As used in this section:

463

(1) "Chiropractic claim," "medical claim," and "optometric	464
claim" have the same meanings as in section 2305.113 of the	465
Revised Code.	466

(2) "Dental claim" has the same meaning as in section	467
2305.113 of the Revised Code, except that it does not include any	468
claim arising out of a dental operation or any derivative claim	469
for relief that arises out of a dental operation.	470

(3) "Governmental health care program" has the same meaning	471
as in section 4731.65 of the Revised Code.	472

(4) "Health care facility or location" means a hospital,	473
clinic, ambulatory surgical facility, office of a health care	474
professional or associated group of health care professionals,	475
training institution for health care professionals, or any other	476
place where medical, dental, or other health-related diagnosis,	477
care, or treatment is provided to a person.	478

(5) "Health care professional" means any of the following who	479
provide medical, dental, or other health-related diagnosis, care,	480
or treatment:	481

(a) Physicians authorized under Chapter 4731. of the Revised	482
Code to practice medicine and surgery or osteopathic medicine and	483
surgery;	484

(b) Registered nurses and licensed practical nurses licensed	485
under Chapter 4723. of the Revised Code and individuals who hold a	486
certificate of authority issued under that chapter that authorizes	487
the practice of nursing as a certified registered nurse	488
anesthetist, clinical nurse specialist, certified nurse-midwife,	489
or certified nurse practitioner;	490

(c) Physician assistants authorized to practice under Chapter	491
4730. of the Revised Code;	492

(d) Dentists and dental hygienists licensed under Chapter	493
4715. of the Revised Code;	494

(e) Physical therapists, physical therapist assistants,	495
occupational therapists, and occupational therapy assistants	496
licensed under Chapter 4755. of the Revised Code;	497

(f) Chiropractors licensed under Chapter 4734. of the Revised	498
Code;	499

(g) Optometrists licensed under Chapter 4725. of the Revised	500
Code;	501

(h) Podiatrists authorized under Chapter 4731. of the Revised	502
Code to practice podiatry;	503

(i) Dietitians licensed under Chapter 4759. of the Revised	504
Code;	505

(j) Pharmacists licensed under Chapter 4729. of the Revised	506
Code;	507

(k) Emergency medical technicians-basic, emergency medical	508
technicians-intermediate, and emergency medical	509
technicians-paramedic, certified under Chapter 4765. of the	510
Revised Code;	511

(l) Respiratory care professionals licensed under Chapter	512
4761. of the Revised Code;	513

(m) Speech-language pathologists and audiologists licensed	514
under Chapter 4753. of the Revised Code;	515

(n) Counselors, social workers, or marriage and family	516
therapists authorized to practice counseling, social work, or	517
marriage and family therapy under Chapter 4757. of the Revised	518
Code;	519

(o) Psychologists authorized to practice psychology under	520
Chapter 4732. of the Revised Code;	521

(p) Individuals licensed or certified under Chapter 4758. of	522
the Revised Code who are acting within the scope of their license	523
or certificate as members of the profession of chemical dependency	524
counseling or alcohol and other drug prevention services.	525

(6) "Health care worker" means a person other than a health	526
care professional who provides medical, dental, or other	527
health-related care or treatment under the direction of a health	528
care professional with the authority to direct that individual's	529
activities, including medical technicians, medical assistants,	530
dental assistants, orderlies, aides, and individuals acting in	531
similar capacities.	532

(7) "Indigent and uninsured person" means a person who meets	533
all of the following requirements:	534

(a) The person's income is not greater than two hundred per	535
cent of the current poverty line as defined by the United States	536
office of management and budget and revised in accordance with	537
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	538
95 Stat. 511, 42 U.S.C. 9902, as amended.	539

(b) The person is not eligible to receive medical assistance	540
under Chapter 5111. of the Revised Code or assistance under any	541
other governmental health care program.	542

(c) Either of the following applies:

543

(i) The person is not a policyholder, certificate holder,	544
insured, contract holder, subscriber, enrollee, member,	545
beneficiary, or other covered individual under a health insurance	546
or health care policy, contract, or plan.	547

(ii) The person is a policyholder, certificate holder,	548
insured, contract holder, subscriber, enrollee, member,	549
beneficiary, or other covered individual under a health insurance	550
or health care policy, contract, or plan, but the insurer, policy,	551
contract, or plan denies coverage or is the subject of insolvency	552
or bankruptcy proceedings in any jurisdiction.	553

(8) "Nonprofit health care referral organization" means an	554
entity that is not operated for profit and refers patients to, or	555
arranges for the provision of, health-related diagnosis, care, or	556
treatment by a health care professional or health care worker.	557

(9) "Operation" means any procedure that involves cutting or	558
otherwise infiltrating human tissue by mechanical means, including	559
surgery, laser surgery, ionizing radiation, therapeutic	560
ultrasound, or the removal of intraocular foreign bodies.	561
"Operation" does not include the administration of medication by	562
injection, unless the injection is administered in conjunction	563
with a procedure infiltrating human tissue by mechanical means	564
other than the administration of medicine by injection.	565
"Operation" does not include routine dental restorative	566
procedures, the scaling of teeth, or extractions of teeth that are	567
not impacted.	568

(10) "Tort action" means a civil action for damages for	569
injury, death, or loss to person or property other than a civil	570
action for damages for a breach of contract or another agreement	571
between persons or government entities.	572

(11) "Volunteer" means an individual who provides any	573
medical, dental, or other health-care related diagnosis, care, or	574
treatment without the expectation of receiving and without receipt	575
of any compensation or other form of remuneration from an indigent	576
and uninsured person, another person on behalf of an indigent and	577
uninsured person, any health care facility or location, any	578
nonprofit health care referral organization, or any other person	579
or government entity.	580

(12) "Community control sanction" has the same meaning as in	581
section 2929.01 of the Revised Code.	582

(13) "Deep sedation" means a drug-induced depression of	583
consciousness during which a patient cannot be easily aroused but	584
responds purposefully following repeated or painful stimulation, a	585
patient's ability to independently maintain ventilatory function	586
may be impaired, a patient may require assistance in maintaining a	587
patent airway and spontaneous ventilation may be inadequate, and	588
cardiovascular function is usually maintained.	589

(14) "General anesthesia" means a drug-induced loss of	590
consciousness during which a patient is not arousable, even by	591
painful stimulation, the ability to independently maintain	592
ventilatory function is often impaired, a patient often requires	593
assistance in maintaining a patent airway, positive pressure	594
ventilation may be required because of depressed spontaneous	595
ventilation or drug-induced depression of neuromuscular function,	596
and cardiovascular function may be impaired.	597

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	598
health care professional who is a volunteer and complies with	599
division (B)(2) of this section is not liable in damages to any	600
person or government entity in a tort or other civil action,	601
including an action on a medical, dental, chiropractic,	602
optometric, or other health-related claim, for injury, death, or	603
loss to person or property that allegedly arises from an action or	604
omission of the volunteer in the provision to an indigent and	605
uninsured person of medical, dental, or other health-related	606
diagnosis, care, or treatment, including the provision of samples	607
of medicine and other medical products, unless the action or	608
omission constitutes willful or wanton misconduct.	609

(2) To qualify for the immunity described in division (B)(1)	610
of this section, a health care professional shall do all of the	611
following prior to providing diagnosis, care, or treatment:	612

(a) Determine, in good faith, that the indigent and uninsured	613
person is mentally capable of giving informed consent to the	614
provision of the diagnosis, care, or treatment and is not subject	615
to duress or under undue influence;	616

(b) Inform the person of the provisions of this section,	617
including notifying the person that, by giving informed consent to	618
the provision of the diagnosis, care, or treatment, the person	619
cannot hold the health care professional liable for damages in a	620
tort or other civil action, including an action on a medical,	621
dental, chiropractic, optometric, or other health-related claim,	622
unless the action or omission of the health care professional	623
constitutes willful or wanton misconduct;	624

(c) Obtain the informed consent of the person and a written	625
waiver, signed by the person or by another individual on behalf of	626
and in the presence of the person, that states that the person is	627
mentally competent to give informed consent and, without being	628
subject to duress or under undue influence, gives informed consent	629
to the provision of the diagnosis, care, or treatment subject to	630
the provisions of this section. A written waiver under division	631
(B)(2)(c) of this section shall state clearly and in conspicuous	632
type that the person or other individual who signs the waiver is	633
signing it with full knowledge that, by giving informed consent to	634
the provision of the diagnosis, care, or treatment, the person	635
cannot bring a tort or other civil action, including an action on	636
a medical, dental, chiropractic, optometric, or other	637
health-related claim, against the health care professional unless	638
the action or omission of the health care professional constitutes	639
willful or wanton misconduct.	640

(3) A physician or podiatrist who is not covered by medical	641
malpractice insurance, but complies with division (B)(2) of this	642
section, is not required to comply with division (A) of section	643
4731.143 of the Revised Code.	644

(C) Subject to divisions (F) and (G)(3) of this section,	645
health care workers who are volunteers are not liable in damages	646
to any person or government entity in a tort or other civil	647
action, including an action upon a medical, dental, chiropractic,	648
optometric, or other health-related claim, for injury, death, or	649
loss to person or property that allegedly arises from an action or	650
omission of the health care worker in the provision to an indigent	651
and uninsured person of medical, dental, or other health-related	652
diagnosis, care, or treatment, unless the action or omission	653
constitutes willful or wanton misconduct.	654

(D) Subject to divisions (F) and (G)(3) of this section, a	655
nonprofit health care referral organization is not liable in	656
damages to any person or government entity in a tort or other	657
civil action, including an action on a medical, dental,	658
chiropractic, optometric, or other health-related claim, for	659
injury, death, or loss to person or property that allegedly arises	660
from an action or omission of the nonprofit health care referral	661
organization in referring indigent and uninsured persons to, or	662
arranging for the provision of, medical, dental, or other	663
health-related diagnosis, care, or treatment by a health care	664
professional described in division (B)(1) of this section or a	665
health care worker described in division (C) of this section,	666
unless the action or omission constitutes willful or wanton	667
misconduct.	668

(E) Subject to divisions (F) and (G)(3) of this section and	669
to the extent that the registration requirements of section	670
3701.071 of the Revised Code apply, a health care facility or	671
location associated with a health care professional described in	672
division (B)(1) of this section, a health care worker described in	673
division (C) of this section, or a nonprofit health care referral	674
organization described in division (D) of this section is not	675
liable in damages to any person or government entity in a tort or	676
other civil action, including an action on a medical, dental,	677
chiropractic, optometric, or other health-related claim, for	678
injury, death, or loss to person or property that allegedly arises	679
from an action or omission of the health care professional or	680
worker or nonprofit health care referral organization relative to	681
the medical, dental, or other health-related diagnosis, care, or	682
treatment provided to an indigent and uninsured person on behalf	683
of or at the health care facility or location, unless the action	684
or omission constitutes willful or wanton misconduct.	685

(F)(1) Except as provided in division (F)(2) of this section,	686
the immunities provided by divisions (B), (C), (D), and (E) of	687
this section are not available to a health care professional,	688
health care worker, nonprofit health care referral organization,	689
or health care facility or location if, at the time of an alleged	690
injury, death, or loss to person or property, the health care	691
professionals or health care workers involved are providing one of	692
the following:	693

(a) Any medical, dental, or other health-related diagnosis,	694
care, or treatment pursuant to a community service work order	695
entered by a court under division (B) of section 2951.02 of the	696
Revised Code or imposed by a court as a community control	697
sanction;	698

(b) Performance of an operation to which any one of the	699
following applies:	700

(i) The operation requires the administration of deep	701
sedation or general anesthesia.	702

(ii) The operation is a procedure that is not typically	703
performed in an office.	704

(iii) The individual involved is a health care professional,	705
and the operation is beyond the scope of practice or the	706
education, training, and competence, as applicable, of the health	707
care professional.	708

(c) Delivery of a baby or any other purposeful termination of	709
a human pregnancy.	710

(2) Division (F)(1) of this section does not apply when a	711
health care professional or health care worker provides medical,	712
dental, or other health-related diagnosis, care, or treatment that	713
is necessary to preserve the life of a person in a medical	714
emergency.	715

(G)(1) This section does not create a new cause of action or	716
substantive legal right against a health care professional, health	717
care worker, nonprofit health care referral organization, or	718
health care facility or location.	719

(2) This section does not affect any immunities from civil	720
liability or defenses established by another section of the	721
Revised Code or available at common law to which a health care	722
professional, health care worker, nonprofit health care referral	723
organization, or health care facility or location may be entitled	724
in connection with the provision of emergency or other medical,	725
dental, or other health-related diagnosis, care, or treatment.	726

(3) This section does not grant an immunity from tort or	727
other civil liability to a health care professional, health care	728
worker, nonprofit health care referral organization, or health	729
care facility or location for actions that are outside the scope	730
of authority of health care professionals or health care workers.	731

(4) This section does not affect any legal responsibility of	732
a health care professional, health care worker, or nonprofit	733
health care referral organization to comply with any applicable	734
law of this state or rule of an agency of this state.	735

(5) This section does not affect any legal responsibility of	736
a health care facility or location to comply with any applicable	737
law of this state, rule of an agency of this state, or local code,	738
ordinance, or regulation that pertains to or regulates building,	739
housing, air pollution, water pollution, sanitation, health, fire,	740
zoning, or safety.	741

Sec. 2305.51.  (A)(1) As used in this section:

742

(a) "Civil Rights" has the same meaning as in section	743
5122.301 of the Revised Code.	744

(b) "Mental health client or patient" means an individual who	745
is receiving mental health services from a mental health	746
professional or organization.	747

(c) "Mental health organization" means an organization that	748
engages one or more mental health professionals to provide mental	749
health services to one or more mental health clients or patients.	750

(d) "Mental health professional" means an individual who is	751
licensed, certified, or registered under the Revised Code, or	752
otherwise authorized in this state, to provide mental health	753
services for compensation, remuneration, or other personal gain.	754

(e) "Mental health service" means a service provided to an	755
individual or group of individuals involving the application of	756
medical, psychiatric, psychological, counseling, social work,	757
marriage and family therapy, or nursing principles or procedures	758
to either of the following:	759

(i) The assessment, diagnosis, prevention, treatment, or	760
amelioration of mental, emotional, psychiatric, psychological, or	761
psychosocial disorders or diseases, as described in the most	762
recent edition of the diagnostic and statistical manual of mental	763
disorders published by the American psychiatric association;	764

(ii) The assessment or improvement of mental, emotional,	765
psychiatric, psychological, or psychosocial adjustment or	766
functioning, regardless of whether there is a diagnosable,	767
pre-existing disorder or disease.	768

(f) "Knowledgeable person" means an individual who has reason	769
to believe that a mental health client or patient has the intent	770
and ability to carry out an explicit threat of inflicting imminent	771
and serious physical harm to or causing the death of a clearly	772
identifiable potential victim or victims and who is either an	773
immediate family member of the client or patient or an individual	774
who otherwise personally knows the client or patient.	775

(2) For the purpose of this section, in the case of a threat	776
to a readily identifiable structure, "clearly identifiable	777
potential victim" includes any potential occupant of the	778
structure.	779

(B) A mental health professional or mental health	780
organization may be held liable in damages in a civil action, or	781
may be made subject to disciplinary action by an entity with	782
licensing or other regulatory authority over the professional or	783
organization, for serious physical harm or death resulting from	784
failing to predict, warn of, or take precautions to provide	785
protection from the violent behavior of a mental health client or	786
patient, only if the client or patient or a knowledgeable person	787
has communicated to the professional or organization an explicit	788
threat of inflicting imminent and serious physical harm to or	789
causing the death of one or more clearly identifiable potential	790
victims, the professional or organization has reason to believe	791
that the client or patient has the intent and ability to carry out	792
the threat, and the professional or organization fails to take one	793
or more of the following actions in a timely manner:	794

(1) Exercise any authority the professional or organization	795
possesses to hospitalize the client or patient on an emergency	796
basis pursuant to section 5122.10 of the Revised Code;	797

(2) Exercise any authority the professional or organization	798
possesses to have the client or patient involuntarily or	799
voluntarily hospitalized under Chapter 5122. of the Revised Code;	800

(3) Establish and undertake a documented treatment plan that	801
is reasonably calculated, according to appropriate standards of	802
professional practice, to eliminate the possibility that the	803
client or patient will carry out the threat, and, concurrent with	804
establishing and undertaking the treatment plan, initiate	805
arrangements for a second opinion risk assessment through a	806
management consultation about the treatment plan with, in the case	807
of a mental health organization, the clinical director of the	808
organization, or, in the case of a mental health professional who	809
is not acting as part of a mental health organization, any mental	810
health professional who is licensed to engage in independent	811
practice;	812

(4) Communicate to a law enforcement agency with jurisdiction	813
in the area where each potential victim resides, where a structure	814
threatened by a mental health client or patient is located, or	815
where the mental health client or patient resides, and if	816
feasible, communicate to each potential victim or a potential	817
victim's parent or guardian if the potential victim is a minor or	818
has been adjudicated incompetent, all of the following	819
information:	820

(a) The nature of the threat;

821

(b) The identity of the mental health client or patient	822
making the threat;	823

(c) The identity of each potential victim of the threat.

824

(C) All of the following apply when a mental health	825
professional or organization takes one or more of the actions set	826
forth in divisions (B)(1) to (4) of this section:	827

(1) The mental health professional or organization shall	828
consider each of the alternatives set forth and shall document the	829
reasons for choosing or rejecting each alternative.	830

(2) The mental health professional or organization may give	831
special consideration to those alternatives which, consistent with	832
public safety, would least abridge the rights of the mental health	833
client or patient established under the Revised Code, including	834
the rights specified in sections 5122.27 to 5122.31 of the Revised	835
Code.	836

(3) The mental health professional or organization is not	837
required to take an action that, in the exercise of reasonable	838
professional judgment, would physically endanger the professional	839
or organization, increase the danger to a potential victim, or	840
increase the danger to the mental health client or patient.	841

(4) The mental health professional or organization is not	842
liable in damages in a civil action, and shall not be made subject	843
to disciplinary action by any entity with licensing or other	844
regulatory authority over the professional or organization, for	845
disclosing any confidential information about a mental health	846
client or patient that is disclosed for the purpose of taking any	847
of the actions.	848

(D) The immunities from civil liability and disciplinary	849
action conferred by this section are in addition to and not in	850
limitation of any immunity conferred on a mental health	851
professional or organization by any other section of the Revised	852
Code or by judicial precedent.	853

(E) This section does not affect the civil rights of a mental	854
health client or patient under Ohio or Federal Law.	855

Sec. 2921.22.  (A)(1) Except as provided in division (A)(2)	856
of this section, no person, knowing that a felony has been or is	857
being committed, shall knowingly fail to report such information	858
to law enforcement authorities.	859

(2) No person, knowing that a violation of division (B) of	860
section 2913.04 of the Revised Code has been, or is being	861
committed or that the person has received information derived from	862
such a violation, shall knowingly fail to report the violation to	863
law enforcement authorities.	864

(B) Except for conditions that are within the scope of	865
division (E) of this section, no physician, limited practitioner,	866
nurse, or other person giving aid to a sick or injured person	867
shall negligently fail to report to law enforcement authorities	868
any gunshot or stab wound treated or observed by the physician,	869
limited practitioner, nurse, or person, or any serious physical	870
harm to persons that the physician, limited practitioner, nurse,	871
or person knows or has reasonable cause to believe resulted from	872
an offense of violence.	873

(C) No person who discovers the body or acquires the first	874
knowledge of the death of a person shall fail to report the death	875
immediately to a physician whom the person knows to be treating	876
the deceased for a condition from which death at such time would	877
not be unexpected, or to a law enforcement officer, an ambulance	878
service, an emergency squad, or the coroner in a political	879
subdivision in which the body is discovered, the death is believed	880
to have occurred, or knowledge concerning the death is obtained.	881

(D) No person shall fail to provide upon request of the	882
person to whom a report required by division (C) of this section	883
was made, or to any law enforcement officer who has reasonable	884
cause to assert the authority to investigate the circumstances	885
surrounding the death, any facts within the person's knowledge	886
that may have a bearing on the investigation of the death.	887

(E)(1) As used in this division, "burn injury" means any of	888
the following:	889

(a) Second or third degree burns;

890

(b) Any burns to the upper respiratory tract or laryngeal	891
edema due to the inhalation of superheated air;	892

(c) Any burn injury or wound that may result in death;

893

(d) Any physical harm to persons caused by or as the result	894
of the use of fireworks, novelties and trick noisemakers, and wire	895
sparklers, as each is defined by section 3743.01 of the Revised	896
Code.	897

(2) No physician, nurse, or limited practitioner who, outside	898
a hospital, sanitarium, or other medical facility, attends or	899
treats a person who has sustained a burn injury that is inflicted	900
by an explosion or other incendiary device or that shows evidence	901
of having been inflicted in a violent, malicious, or criminal	902
manner shall fail to report the burn injury immediately to the	903
local arson, or fire and explosion investigation, bureau, if there	904
is a bureau of this type in the jurisdiction in which the person	905
is attended or treated, or otherwise to local law enforcement	906
authorities.	907

(3) No manager, superintendent, or other person in charge of	908
a hospital, sanitarium, or other medical facility in which a	909
person is attended or treated for any burn injury that is	910
inflicted by an explosion or other incendiary device or that shows	911
evidence of having been inflicted in a violent, malicious, or	912
criminal manner shall fail to report the burn injury immediately	913
to the local arson, or fire and explosion investigation, bureau,	914
if there is a bureau of this type in the jurisdiction in which the	915
person is attended or treated, or otherwise to local law	916
enforcement authorities.	917

(4) No person who is required to report any burn injury under	918
division (E)(2) or (3) of this section shall fail to file, within	919
three working days after attending or treating the victim, a	920
written report of the burn injury with the office of the state	921
fire marshal. The report shall comply with the uniform standard	922
developed by the state fire marshal pursuant to division (A)(15)	923
of section 3737.22 of the Revised Code.	924

(5) Anyone participating in the making of reports under	925
division (E) of this section or anyone participating in a judicial	926
proceeding resulting from the reports is immune from any civil or	927
criminal liability that otherwise might be incurred or imposed as	928
a result of such actions. Notwithstanding section 4731.22 of the	929
Revised Code, the physician-patient relationship is not a ground	930
for excluding evidence regarding a person's burn injury or the	931
cause of the burn injury in any judicial proceeding resulting from	932
a report submitted under division (E) of this section.	933

(F)(1) Any doctor of medicine or osteopathic medicine,	934
hospital intern or resident, registered or licensed practical	935
nurse, psychologist, social worker, independent social worker,	936
social work assistant, professional clinical counselor, or	937
professional counselor, marriage and family therapist, or	938
independent marriage and family therapist who knows or has	939
reasonable cause to believe that a patient or client has been the	940
victim of domestic violence, as defined in section 3113.31 of the	941
Revised Code, shall note that knowledge or belief and the basis	942
for it in the patient's or client's records.	943

(2) Notwithstanding section 4731.22 of the Revised Code, the	944
doctor-patient privilege shall not be a ground for excluding any	945
information regarding the report containing the knowledge or	946
belief noted under division (F)(1) of this section, and the	947
information may be admitted as evidence in accordance with the	948
Rules of Evidence.	949

(G) Divisions (A) and (D) of this section do not require	950
disclosure of information, when any of the following applies:	951

(1) The information is privileged by reason of the	952
relationship between attorney and client; doctor and patient;	953
licensed psychologist or licensed school psychologist and client;	954
licensed counselor, social worker, or marriage and family	955
therapist and client; member of the clergy, rabbi, minister, or	956
priest and any person communicating information confidentially to	957
the member of the clergy, rabbi, minister, or priest for a	958
religious counseling purpose of a professional character; husband	959
and wife; or a communications assistant and those who are a party	960
to a telecommunications relay service call.	961

(2) The information would tend to incriminate a member of the	962
actor's immediate family.	963

(3) Disclosure of the information would amount to revealing a	964
news source, privileged under section 2739.04 or 2739.12 of the	965
Revised Code.	966

(4) Disclosure of the information would amount to disclosure	967
by a member of the ordained clergy of an organized religious body	968
of a confidential communication made to that member of the clergy	969
in that member's capacity as a member of the clergy by a person	970
seeking the aid or counsel of that member of the clergy.	971

(5) Disclosure would amount to revealing information acquired	972
by the actor in the course of the actor's duties in connection	973
with a bona fide program of treatment or services for drug	974
dependent persons or persons in danger of drug dependence, which	975
program is maintained or conducted by a hospital, clinic, person,	976
agency, or organization certified pursuant to section 3793.06 of	977
the Revised Code.	978

(6) Disclosure would amount to revealing information acquired	979
by the actor in the course of the actor's duties in connection	980
with a bona fide program for providing counseling services to	981
victims of crimes that are violations of section 2907.02 or	982
2907.05 of the Revised Code or to victims of felonious sexual	983
penetration in violation of former section 2907.12 of the Revised	984
Code. As used in this division, "counseling services" include	985
services provided in an informal setting by a person who, by	986
education or experience, is competent to provide those services.	987

(H) No disclosure of information pursuant to this section	988
gives rise to any liability or recrimination for a breach of	989
privilege or confidence.	990

(I) Whoever violates division (A) or (B) of this section is	991
guilty of failure to report a crime. Violation of division (A)(1)	992
of this section is a misdemeanor of the fourth degree. Violation	993
of division (A)(2) or (B) of this section is a misdemeanor of the	994
second degree.	995

(J) Whoever violates division (C) or (D) of this section is	996
guilty of failure to report knowledge of a death, a misdemeanor of	997
the fourth degree.	998

(K)(1) Whoever negligently violates division (E) of this	999
section is guilty of a minor misdemeanor.	1000

(2) Whoever knowingly violates division (E) of this section	1001
is guilty of a misdemeanor of the second degree.	1002

Sec. 3107.014.  (A) Except as provided in division (B) of	1003
this section, only an individual who meets all of the following	1004
requirements may perform the duties of an assessor under sections	1005
3107.031, 3107.032, 3107.082, 3107.09, 3107.101, 3107.12,	1006
5103.0324, and 5103.152 of the Revised Code:	1007

(1) The individual must be in the employ of, appointed by, or	1008
under contract with a court, public children services agency,	1009
private child placing agency, or private noncustodial agency;	1010

(2) The individual must be one of the following:

1011

(a) A professional counselor, social worker, or marriage and	1012
family therapist licensed under Chapter 4757. of the Revised Code;	1013

(b) A psychologist licensed under Chapter 4732. of the	1014
Revised Code;	1015

(c) A student working to earn a four-year, post-secondary	1016
degree, or higher, in a social or behavior science, or both, who	1017
conducts assessor's duties under the supervision of a professional	1018
counselor, social worker, or marriage and family therapist	1019
licensed under Chapter 4757. of the Revised Code or a psychologist	1020
licensed under Chapter 4732. of the Revised Code. Beginning July	1021
1, 2009, a student is eligible under this division only if the	1022
supervising professional counselor, social worker, marriage and	1023
family therapist, or psychologist has completed training in	1024
accordance with rules adopted under section 3107.015 of the	1025
Revised Code.	1026

(d) A civil service employee engaging in social work without	1027
a license under Chapter 4757. of the Revised Code, as permitted by	1028
division (A)(5) of section 4757.41 of the Revised Code;	1029

(e) A former employee of a public children services agency	1030
who, while so employed, conducted the duties of an assessor.	1031

(3) The individual must complete training in accordance with	1032
rules adopted under section 3107.015 of the Revised Code.	1033

(B) An individual in the employ of, appointed by, or under	1034
contract with a court prior to September 18, 1996, to conduct	1035
adoption investigations of prospective adoptive parents may	1036
perform the duties of an assessor under sections 3107.031,	1037
3107.032, 3107.082, 3107.09, 3107.101, 3107.12, 5103.0324, and	1038
5103.152 of the Revised Code if the individual complies with	1039
division (A)(3) of this section regardless of whether the	1040
individual meets the requirement of division (A)(2) of this	1041
section.	1042

(C) A court, public children services agency, private child	1043
placing agency, or private noncustodial agency may employ,	1044
appoint, or contract with an assessor in the county in which a	1045
petition for adoption is filed and in any other county or location	1046
outside this state where information needed to complete or	1047
supplement the assessor's duties may be obtained. More than one	1048
assessor may be utilized for an adoption.	1049

(D) Not later than January 1, 2008, the department of job and	1050
family services shall develop and maintain an assessor registry.	1051
The registry shall list all individuals who are employed,	1052
appointed by, or under contract with a court, public children	1053
services agency, private child placing agency, or private	1054
noncustodial agency and meet the requirements of an assessor as	1055
described in this section. A public children services agency,	1056
private child placing agency, private noncustodial agency, court,	1057
or any other person may contact the department to determine if an	1058
individual is listed in the assessor registry. An individual	1059
listed in the assessor registry shall immediately inform the	1060
department when that individual is no longer employed, appointed	1061
by, or under contract with a court, public children services	1062
agency, private child placing agency, or private noncustodial	1063
agency to perform the duties of an assessor as described in this	1064
section. The director of job and family services shall adopt rules	1065
in accordance with Chapter 119. of the Revised Code necessary for	1066
the implementation, contents, and maintenance of the registry, and	1067
any sanctions related to the provision of information, or the	1068
failure to provide information, that is needed for the proper	1069
operation of the assessor registry.	1070

Sec. 3701.74.  (A) As used in this section and section	1071
3701.741 of the Revised Code:	1072

(1) "Ambulatory care facility" means a facility that provides	1073
medical, diagnostic, or surgical treatment to patients who do not	1074
require hospitalization, including a dialysis center, ambulatory	1075
surgical facility, cardiac catheterization facility, diagnostic	1076
imaging center, extracorporeal shock wave lithotripsy center, home	1077
health agency, inpatient hospice, birthing center, radiation	1078
therapy center, emergency facility, and an urgent care center.	1079
"Ambulatory care facility" does not include the private office of	1080
a physician or dentist, whether the office is for an individual or	1081
group practice.	1082

(2) "Chiropractor" means an individual licensed under Chapter	1083
4734. of the Revised Code to practice chiropractic.	1084

(3) "Emergency facility" means a hospital emergency	1085
department or any other facility that provides emergency medical	1086
services.	1087

(4) "Health care practitioner" means all of the following:

1088

(a) A dentist or dental hygienist licensed under Chapter	1089
4715. of the Revised Code;	1090

(b) A registered or licensed practical nurse licensed under	1091
Chapter 4723. of the Revised Code;	1092

(c) An optometrist licensed under Chapter 4725. of the	1093
Revised Code;	1094

(d) A dispensing optician, spectacle dispensing optician,	1095
contact lens dispensing optician, or spectacle-contact lens	1096
dispensing optician licensed under Chapter 4725. of the Revised	1097
Code;	1098

(e) A pharmacist licensed under Chapter 4729. of the Revised	1099
Code;	1100

(f) A physician;

1101

(g) A physician assistant authorized under Chapter 4730. of	1102
the Revised Code to practice as a physician assistant;	1103

(h) A practitioner of a limited branch of medicine issued a	1104
certificate under Chapter 4731. of the Revised Code;	1105

(i) A psychologist licensed under Chapter 4732. of the	1106
Revised Code;	1107

(j) A chiropractor;

1108

(k) A hearing aid dealer or fitter licensed under Chapter	1109
4747. of the Revised Code;	1110

(l) A speech-language pathologist or audiologist licensed	1111
under Chapter 4753. of the Revised Code;	1112

(m) An occupational therapist or occupational therapy	1113
assistant licensed under Chapter 4755. of the Revised Code;	1114

(n) A physical therapist or physical therapy assistant	1115
licensed under Chapter 4755. of the Revised Code;	1116

(o) A professional clinical counselor, professional	1117
counselor, social worker, or independent social worker, marriage	1118
and family therapist, or independent marriage and family therapist	1119
licensed, or a social work assistant registered, under Chapter	1120
4757. of the Revised Code;	1121

(p) A dietitian licensed under Chapter 4759. of the Revised	1122
Code;	1123

(q) A respiratory care professional licensed under Chapter	1124
4761. of the Revised Code;	1125

(r) An emergency medical technician-basic, emergency medical	1126
technician-intermediate, or emergency medical technician-paramedic	1127
certified under Chapter 4765. of the Revised Code.	1128

(5) "Health care provider" means a hospital, ambulatory care	1129
facility, long-term care facility, pharmacy, emergency facility,	1130
or health care practitioner.	1131

(6) "Hospital" has the same meaning as in section 3727.01 of	1132
the Revised Code.	1133

(7) "Long-term care facility" means a nursing home,	1134
residential care facility, or home for the aging, as those terms	1135
are defined in section 3721.01 of the Revised Code; an adult care	1136
facility, as defined in section 5119.70 of the Revised Code; a	1137
nursing facility or intermediate care facility for the mentally	1138
retarded, as those terms are defined in section 5111.20 of the	1139
Revised Code; a facility or portion of a facility certified as a	1140
skilled nursing facility under Title XVIII of the "Social Security	1141
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	1142

(8) "Medical record" means data in any form that pertains to	1143
a patient's medical history, diagnosis, prognosis, or medical	1144
condition and that is generated and maintained by a health care	1145
provider in the process of the patient's health care treatment.	1146

(9) "Medical records company" means a person who stores,	1147
locates, or copies medical records for a health care provider, or	1148
is compensated for doing so by a health care provider, and charges	1149
a fee for providing medical records to a patient or patient's	1150
representative.	1151

(10) "Patient" means either of the following:

1152

(a) An individual who received health care treatment from a	1153
health care provider;	1154

(b) A guardian, as defined in section 1337.11 of the Revised	1155
Code, of an individual described in division (A)(10)(a) of this	1156
section.	1157

(11) "Patient's personal representative" means a minor	1158
patient's parent or other person acting in loco parentis, a	1159
court-appointed guardian, or a person with durable power of	1160
attorney for health care for a patient, the executor or	1161
administrator of the patient's estate, or the person responsible	1162
for the patient's estate if it is not to be probated. "Patient's	1163
personal representative" does not include an insurer authorized	1164
under Title XXXIX of the Revised Code to do the business of	1165
sickness and accident insurance in this state, a health insuring	1166
corporation holding a certificate of authority under Chapter 1751.	1167
of the Revised Code, or any other person not named in this	1168
division.	1169

(12) "Pharmacy" has the same meaning as in section 4729.01 of	1170
the Revised Code.	1171

(13) "Physician" means a person authorized under Chapter	1172
4731. of the Revised Code to practice medicine and surgery,	1173
osteopathic medicine and surgery, or podiatric medicine and	1174
surgery.	1175

(14) "Authorized person" means a person to whom a patient has	1176
given written authorization to act on the patient's behalf	1177
regarding the patient's medical record.	1178

(B) A patient, a patient's personal representative or an	1179
authorized person who wishes to examine or obtain a copy of part	1180
or all of a medical record shall submit to the health care	1181
provider a written request signed by the patient, personal	1182
representative, or authorized person dated not more than one year	1183
before the date on which it is submitted. The request shall	1184
indicate whether the copy is to be sent to the requestor,	1185
physician or chiropractor, or held for the requestor at the office	1186
of the health care provider. Within a reasonable time after	1187
receiving a request that meets the requirements of this division	1188
and includes sufficient information to identify the record	1189
requested, a health care provider that has the patient's medical	1190
records shall permit the patient to examine the record during	1191
regular business hours without charge or, on request, shall	1192
provide a copy of the record in accordance with section 3701.741	1193
of the Revised Code, except that if a physician, psychologist,	1194
counselor, social worker, marriage and family therapist, or	1195
chiropractor who has treated the patient determines for clearly	1196
stated treatment reasons that disclosure of the requested record	1197
is likely to have an adverse effect on the patient, the health	1198
care provider shall provide the record to a physician,	1199
psychologist, counselor, social worker, marriage and family	1200
therapist, or chiropractor designated by the patient. The health	1201
care provider shall take reasonable steps to establish the	1202
identity of the person making the request to examine or obtain a	1203
copy of the patient's record.	1204

(C) If a health care provider fails to furnish a medical	1205
record as required by division (B) of this section, the patient,	1206
personal representative, or authorized person who requested the	1207
record may bring a civil action to enforce the patient's right of	1208
access to the record.	1209

(D)(1) This section does not apply to medical records whose	1210
release is covered by section 173.20 or 3721.13 of the Revised	1211
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	1212
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	1213
Records," or by 42 C.F.R. 483.10.	1214

(2) Nothing in this section is intended to supersede the	1215
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	1216
and 2305.252 of the Revised Code.	1217

Sec. 3721.21.  As used in sections 3721.21 to 3721.34 of the	1218
Revised Code:	1219

(A) "Long-term care facility" means either of the following:

1220

(1) A nursing home as defined in section 3721.01 of the	1221
Revised Code, other than a nursing home or part of a nursing home	1222
certified as an intermediate care facility for the mentally	1223
retarded under Title XIX of the "Social Security Act," 49 Stat.	1224
620 (1935), 42 U.S.C.A. 301, as amended;	1225

(2) A facility or part of a facility that is certified as a	1226
skilled nursing facility or a nursing facility under Title XVIII	1227
or XIX of the "Social Security Act."	1228

(B) "Residential care facility" has the same meaning as in	1229
section 3721.01 of the Revised Code.	1230

(C) "Abuse" means knowingly causing physical harm or	1231
recklessly causing serious physical harm to a resident by physical	1232
contact with the resident or by use of physical or chemical	1233
restraint, medication, or isolation as punishment, for staff	1234
convenience, excessively, as a substitute for treatment, or in	1235
amounts that preclude habilitation and treatment.	1236

(D) "Neglect" means recklessly failing to provide a resident	1237
with any treatment, care, goods, or service necessary to maintain	1238
the health or safety of the resident when the failure results in	1239
serious physical harm to the resident. "Neglect" does not include	1240
allowing a resident, at the resident's option, to receive only	1241
treatment by spiritual means through prayer in accordance with the	1242
tenets of a recognized religious denomination.	1243

(E) "Misappropriation" means depriving, defrauding, or	1244
otherwise obtaining the real or personal property of a resident by	1245
any means prohibited by the Revised Code, including violations of	1246
Chapter 2911. or 2913. of the Revised Code.	1247

(F) "Resident" includes a resident, patient, former resident	1248
or patient, or deceased resident or patient of a long-term care	1249
facility or a residential care facility.	1250

(G) "Physical restraint" has the same meaning as in section	1251
3721.10 of the Revised Code.	1252

(H) "Chemical restraint" has the same meaning as in section	1253
3721.10 of the Revised Code.	1254

(I) "Nursing and nursing-related services" means the personal	1255
care services and other services not constituting skilled nursing	1256
care that are specified in rules the public health council shall	1257
adopt in accordance with Chapter 119. of the Revised Code.	1258

(J) "Personal care services" has the same meaning as in	1259
section 3721.01 of the Revised Code.	1260

(K)(1) Except as provided in division (K)(2) of this section,	1261
"nurse aide" means an individual who provides nursing and	1262
nursing-related services to residents in a long-term care	1263
facility, either as a member of the staff of the facility for	1264
monetary compensation or as a volunteer without monetary	1265
compensation.	1266

(2) "Nurse aide" does not include either of the following:

1267

(a) A licensed health professional practicing within the	1268
scope of the professional's license;	1269

(b) An individual providing nursing and nursing-related	1270
services in a religious nonmedical health care institution, if the	1271
individual has been trained in the principles of nonmedical care	1272
and is recognized by the institution as being competent in the	1273
administration of care within the religious tenets practiced by	1274
the residents of the institution.	1275

(L) "Licensed health professional" means all of the	1276
following:	1277

(1) An occupational therapist or occupational therapy	1278
assistant licensed under Chapter 4755. of the Revised Code;	1279

(2) A physical therapist or physical therapy assistant	1280
licensed under Chapter 4755. of the Revised Code;	1281

(3) A physician authorized under Chapter 4731. of the Revised	1282
Code to practice medicine and surgery, osteopathic medicine and	1283
surgery, or podiatry;	1284

(4) A physician assistant authorized under Chapter 4730. of	1285
the Revised Code to practice as a physician assistant;	1286

(5) A registered nurse or licensed practical nurse licensed	1287
under Chapter 4723. of the Revised Code;	1288

(6) A social worker or independent social worker licensed	1289
under Chapter 4757. of the Revised Code or a social work assistant	1290
registered under that chapter;	1291

(7) A speech-language pathologist or audiologist licensed	1292
under Chapter 4753. of the Revised Code;	1293

(8) A dentist or dental hygienist licensed under Chapter	1294
4715. of the Revised Code;	1295

(9) An optometrist licensed under Chapter 4725. of the	1296
Revised Code;	1297

(10) A pharmacist licensed under Chapter 4729. of the Revised	1298
Code;	1299

(11) A psychologist licensed under Chapter 4732. of the	1300
Revised Code;	1301

(12) A chiropractor licensed under Chapter 4734. of the	1302
Revised Code;	1303

(13) A nursing home administrator licensed or temporarily	1304
licensed under Chapter 4751. of the Revised Code;	1305

(14) A professional counselor or professional clinical	1306
counselor licensed under Chapter 4757. of the Revised Code;	1307

(15) A marriage and family therapist or independent marriage	1308
and family therapist licensed under Chapter 4757. of the Revised	1309
Code.	1310

(M) "Religious nonmedical health care institution" means an	1311
institution that meets or exceeds the conditions to receive	1312
payment under the medicare program established under Title XVIII	1313
of the "Social Security Act" for inpatient hospital services or	1314
post-hospital extended care services furnished to an individual in	1315
a religious nonmedical health care institution, as defined in	1316
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286	1317
(1965), 42 U.S.C. 1395x(ss)(1), as amended.	1318

(N) "Competency evaluation program" means a program through	1319
which the competency of a nurse aide to provide nursing and	1320
nursing-related services is evaluated.	1321

(O) "Training and competency evaluation program" means a	1322
program of nurse aide training and evaluation of competency to	1323
provide nursing and nursing-related services.	1324

Sec. 4723.16.  (A) An individual whom the board of nursing	1325
licenses, certificates, or otherwise legally authorizes to engage	1326
in the practice of nursing as a registered nurse or as a licensed	1327
practical nurse may render the professional services of a	1328
registered or licensed practical nurse within this state through a	1329
corporation formed under division (B) of section 1701.03 of the	1330
Revised Code, a limited liability company formed under Chapter	1331
1705. of the Revised Code, a partnership, or a professional	1332
association formed under Chapter 1785. of the Revised Code. This	1333
division does not preclude an individual of that nature from	1334
rendering professional services as a registered or licensed	1335
practical nurse through another form of business entity,	1336
including, but not limited to, a nonprofit corporation or	1337
foundation, or in another manner that is authorized by or in	1338
accordance with this chapter, another chapter of the Revised Code,	1339
or rules of the board of nursing adopted pursuant to this chapter.	1340

(B) A corporation, limited liability company, partnership, or	1341
professional association described in division (A) of this section	1342
may be formed for the purpose of providing a combination of the	1343
professional services of the following individuals who are	1344
licensed, certificated, or otherwise legally authorized to	1345
practice their respective professions:	1346

(1) Optometrists who are authorized to practice optometry	1347
under Chapter 4725. of the Revised Code;	1348

(2) Chiropractors who are authorized to practice chiropractic	1349
or acupuncture under Chapter 4734. of the Revised Code;	1350

(3) Psychologists who are authorized to practice psychology	1351
under Chapter 4732. of the Revised Code;	1352

(4) Registered or licensed practical nurses who are	1353
authorized to practice nursing as registered nurses or as licensed	1354
practical nurses under this chapter;	1355

(5) Pharmacists who are authorized to practice pharmacy under	1356
Chapter 4729. of the Revised Code;	1357

(6) Physical therapists who are authorized to practice	1358
physical therapy under sections 4755.40 to 4755.56 of the Revised	1359
Code;	1360

(7) Occupational therapists who are licensed to practice	1361
occupational therapy under sections 4755.04 to 4755.13 of the	1362
Revised Code;	1363

(8) Mechanotherapists who are authorized to practice	1364
mechanotherapy under section 4731.151 of the Revised Code;	1365

(9) Doctors of medicine and surgery, osteopathic medicine and	1366
surgery, or podiatric medicine and surgery who are licensed,	1367
certificated, or otherwise legally authorized for their respective	1368
practices under Chapter 4731. of the Revised Code;	1369

(10) Counselors, social workers, or marriage and family	1370
therapists, or independent marriage and family therapists who are	1371
authorized to practice counseling, social work, or marriage and	1372
family therapy under Chapter 4757. of the Revised Code.	1373

This division shall apply notwithstanding a provision of a	1374
code of ethics applicable to a nurse that prohibits a registered	1375
or licensed practical nurse from engaging in the practice of	1376
nursing as a registered nurse or as a licensed practical nurse in	1377
combination with a person who is licensed, certificated, or	1378
otherwise legally authorized to practice optometry, chiropractic,	1379
acupuncture through the state chiropractic board, psychology,	1380
pharmacy, physical therapy, occupational therapy, mechanotherapy,	1381
medicine and surgery, osteopathic medicine and surgery, or	1382
podiatric medicine and surgery, but who is not also licensed,	1383
certificated, or otherwise legally authorized to engage in the	1384
practice of nursing as a registered nurse or as a licensed	1385
practical nurse.	1386

Sec. 4725.33.  (A) An individual whom the state board of	1387
optometry licenses to engage in the practice of optometry may	1388
render the professional services of an optometrist within this	1389
state through a corporation formed under division (B) of section	1390
1701.03 of the Revised Code, a limited liability company formed	1391
under Chapter 1705. of the Revised Code, a partnership, or a	1392
professional association formed under Chapter 1785. of the Revised	1393
Code. This division does not preclude an optometrist from	1394
rendering professional services as an optometrist through another	1395
form of business entity, including, but not limited to, a	1396
nonprofit corporation or foundation, or in another manner that is	1397
authorized by or in accordance with this chapter, another chapter	1398
of the Revised Code, or rules of the state board of optometry	1399
adopted pursuant to this chapter.	1400

(B) A corporation, limited liability company, partnership, or	1401
professional association described in division (A) of this section	1402
may be formed for the purpose of providing a combination of the	1403
professional services of the following individuals who are	1404
licensed, certificated, or otherwise legally authorized to	1405
practice their respective professions:	1406

(1) Optometrists who are authorized to practice optometry	1407
under Chapter 4725. of the Revised Code;	1408

(2) Chiropractors who are authorized to practice chiropractic	1409
or acupuncture under Chapter 4734. of the Revised Code;	1410

(3) Psychologists who are authorized to practice psychology	1411
under Chapter 4732. of the Revised Code;	1412

(4) Registered or licensed practical nurses who are	1413
authorized to practice nursing as registered nurses or as licensed	1414
practical nurses under Chapter 4723. of the Revised Code;	1415

(5) Pharmacists who are authorized to practice pharmacy under	1416
Chapter 4729. of the Revised Code;	1417

(6) Physical therapists who are authorized to practice	1418
physical therapy under sections 4755.40 to 4755.56 of the Revised	1419
Code;	1420

(7) Mechanotherapists who are authorized to practice	1421
mechanotherapy under section 4731.151 of the Revised Code;	1422

(8) Doctors of medicine and surgery, osteopathic medicine and	1423
surgery, or podiatric medicine and surgery who are authorized for	1424
their respective practices under Chapter 4731. of the Revised	1425
Code;	1426

(9) Counselors, social workers, or marriage and family	1427
therapists, or independent marriage and family therapists who are	1428
authorized to practice counseling, social work, or marriage and	1429
family therapy under Chapter 4757. of the Revised Code.	1430

This division shall apply notwithstanding a provision of a	1431
code of ethics applicable to an optometrist that prohibits an	1432
optometrist from engaging in the practice of optometry in	1433
combination with a person who is licensed, certificated, or	1434
otherwise legally authorized to practice chiropractic, acupuncture	1435
through the state chiropractic board, psychology, nursing,	1436
pharmacy, physical therapy, mechanotherapy, medicine and surgery,	1437
osteopathic medicine and surgery, or podiatric medicine and	1438
surgery, but who is not also licensed, certificated, or otherwise	1439
legally authorized to engage in the practice of optometry.	1440

Sec. 4729.161.  (A) An individual registered with the state	1441
board of pharmacy to engage in the practice of pharmacy may render	1442
the professional services of a pharmacist within this state	1443
through a corporation formed under division (B) of section 1701.03	1444
of the Revised Code, a limited liability company formed under	1445
Chapter 1705. of the Revised Code, a partnership, or a	1446
professional association formed under Chapter 1785. of the Revised	1447
Code. This division does not preclude an individual of that nature	1448
from rendering professional services as a pharmacist through	1449
another form of business entity, including, but not limited to, a	1450
nonprofit corporation or foundation, or in another manner that is	1451
authorized by or in accordance with this chapter, another chapter	1452
of the Revised Code, or rules of the state board of pharmacy	1453
adopted pursuant to this chapter.	1454

(B) A corporation, limited liability company, partnership, or	1455
professional association described in division (A) of this section	1456
may be formed for the purpose of providing a combination of the	1457
professional services of the following individuals who are	1458
licensed, certificated, or otherwise legally authorized to	1459
practice their respective professions:	1460

(1) Optometrists who are authorized to practice optometry	1461
under Chapter 4725. of the Revised Code;	1462

(2) Chiropractors who are authorized to practice chiropractic	1463
or acupuncture under Chapter 4734. of the Revised Code;	1464

(3) Psychologists who are authorized to practice psychology	1465
under Chapter 4732. of the Revised Code;	1466

(4) Registered or licensed practical nurses who are	1467
authorized to practice nursing as registered nurses or as licensed	1468
practical nurses under Chapter 4723. of the Revised Code;	1469

(5) Pharmacists who are authorized to practice pharmacy under	1470
Chapter 4729. of the Revised Code;	1471

(6) Physical therapists who are authorized to practice	1472
physical therapy under sections 4755.40 to 4755.56 of the Revised	1473
Code;	1474

(7) Occupational therapists who are authorized to practice	1475
occupational therapy under sections 4755.04 to 4755.13 of the	1476
Revised Code;	1477

(8) Mechanotherapists who are authorized to practice	1478
mechanotherapy under section 4731.151 of the Revised Code;	1479

(9) Doctors of medicine and surgery, osteopathic medicine and	1480
surgery, or podiatric medicine and surgery who are authorized for	1481
their respective practices under Chapter 4731. of the Revised	1482
Code;	1483

(10) Counselors, social workers, or marriage and family	1484
therapists, or independent marriage and family therapists who are	1485
authorized to practice counseling, social work, or marriage and	1486
family therapy under Chapter 4757. of the Revised Code.	1487

This division shall apply notwithstanding a provision of a	1488
code of ethics applicable to a pharmacist that prohibits a	1489
pharmacist from engaging in the practice of pharmacy in	1490
combination with a person who is licensed, certificated, or	1491
otherwise legally authorized to practice optometry, chiropractic,	1492
acupuncture through the state chiropractic board, psychology,	1493
nursing, physical therapy, occupational therapy, mechanotherapy,	1494
medicine and surgery, osteopathic medicine and surgery, or	1495
podiatric medicine and surgery, but who is not also licensed,	1496
certificated, or otherwise legally authorized to engage in the	1497
practice of pharmacy.	1498

Sec. 4731.226.  (A)(1) An individual whom the state medical	1499
board licenses, certificates, or otherwise legally authorizes to	1500
engage in the practice of medicine and surgery, osteopathic	1501
medicine and surgery, or podiatric medicine and surgery may render	1502
the professional services of a doctor of medicine and surgery,	1503
osteopathic medicine and surgery, or podiatric medicine and	1504
surgery within this state through a corporation formed under	1505
division (B) of section 1701.03 of the Revised Code, a limited	1506
liability company formed under Chapter 1705. of the Revised Code,	1507
a partnership, or a professional association formed under Chapter	1508
1785. of the Revised Code. Division (A)(1) of this section does	1509
not preclude an individual of that nature from rendering	1510
professional services as a doctor of medicine and surgery,	1511
osteopathic medicine and surgery, or podiatric medicine and	1512
surgery through another form of business entity, including, but	1513
not limited to, a nonprofit corporation or foundation, or in	1514
another manner that is authorized by or in accordance with this	1515
chapter, another chapter of the Revised Code, or rules of the	1516
state medical board adopted pursuant to this chapter.	1517

(2) An individual whom the state medical board authorizes to	1518
engage in the practice of mechanotherapy may render the	1519
professional services of a mechanotherapist within this state	1520
through a corporation formed under division (B) of section 1701.03	1521
of the Revised Code, a limited liability company formed under	1522
Chapter 1705. of the Revised Code, a partnership, or a	1523
professional association formed under Chapter 1785. of the Revised	1524
Code. Division (A)(2) of this section does not preclude an	1525
individual of that nature from rendering professional services as	1526
a mechanotherapist through another form of business entity,	1527
including, but not limited to, a nonprofit corporation or	1528
foundation, or in another manner that is authorized by or in	1529
accordance with this chapter, another chapter of the Revised Code,	1530
or rules of the state medical board adopted pursuant to this	1531
chapter.	1532

(B) A corporation, limited liability company, partnership, or	1533
professional association described in division (A) of this section	1534
may be formed for the purpose of providing a combination of the	1535
professional services of the following individuals who are	1536
licensed, certificated, or otherwise legally authorized to	1537
practice their respective professions:	1538

(1) Optometrists who are authorized to practice optometry	1539
under Chapter 4725. of the Revised Code;	1540

(2) Chiropractors who are authorized to practice chiropractic	1541
or acupuncture under Chapter 4734. of the Revised Code;	1542

(3) Counselors, social workers, or marriage and family	1543
therapists licensed under Chapter 4757. of the Revised Code;	1544

(4) Psychologists who are authorized to practice psychology	1545
under Chapter 4732. of the Revised Code;	1546

(4)(5) Registered or licensed practical nurses who are	1547
authorized to practice nursing as registered nurses or as licensed	1548
practical nurses under Chapter 4723. of the Revised Code;	1549

(5)(6) Pharmacists who are authorized to practice pharmacy	1550
under Chapter 4729. of the Revised Code;	1551

(6)(7) Physical therapists who are authorized to practice	1552
physical therapy under sections 4755.40 to 4755.56 of the Revised	1553
Code;	1554

(7)(8) Occupational therapists who are authorized to practice	1555
occupational therapy under sections 4755.04 to 4755.13 of the	1556
Revised Code;	1557

(8)(9) Mechanotherapists who are authorized to practice	1558
mechanotherapy under section 4731.151 of the Revised Code;	1559

(9)(10) Doctors of medicine and surgery, osteopathic medicine	1560
and surgery, or podiatric medicine and surgery who are authorized	1561
for their respective practices under this chapter.	1562

(C) Division (B) of this section shall apply notwithstanding	1563
a provision of a code of ethics described in division (B)(18) of	1564
section 4731.22 of the Revised Code that prohibits either of the	1565
following:	1566

(1) A doctor of medicine and surgery, osteopathic medicine	1567
and surgery, or podiatric medicine and surgery from engaging in	1568
the doctor's authorized practice in combination with a person who	1569
is licensed, certificated, or otherwise legally authorized to	1570
engage in the practice of optometry, chiropractic, acupuncture	1571
through the state chiropractic board, counseling, social work,	1572
marriage and family therapy, psychology, nursing, pharmacy,	1573
physical therapy, occupational therapy, or mechanotherapy, but who	1574
is not also licensed, certificated, or otherwise legally	1575
authorized to practice medicine and surgery, osteopathic medicine	1576
and surgery, or podiatric medicine and surgery.	1577

(2) A mechanotherapist from engaging in the practice of	1578
mechanotherapy in combination with a person who is licensed,	1579
certificated, or otherwise legally authorized to engage in the	1580
practice of optometry, chiropractic, acupuncture through the state	1581
chiropractic board, counseling, social work, marriage and family	1582
therapy, psychology, nursing, pharmacy, physical therapy,	1583
occupational therapy, medicine and surgery, osteopathic medicine	1584
and surgery, or podiatric medicine and surgery, but who is not	1585
also licensed, certificated, or otherwise legally authorized to	1586
engage in the practice of mechanotherapy.	1587

Sec. 4731.65.  As used in sections 4731.65 to 4731.71 of the	1588
Revised Code:	1589

(A)(1) "Clinical laboratory services" means either of the	1590
following:	1591

(a) Any examination of materials derived from the human body	1592
for the purpose of providing information for the diagnosis,	1593
prevention, or treatment of any disease or impairment or for the	1594
assessment of health;	1595

(b) Procedures to determine, measure, or otherwise describe	1596
the presence or absence of various substances or organisms in the	1597
body.	1598

(2) "Clinical laboratory services" does not include the mere	1599
collection or preparation of specimens.	1600

(B) "Designated health services" means any of the following:

1601

(1) Clinical laboratory services;

1602

(2) Home health care services;

1603

(3) Outpatient prescription drugs.

1604

(C) "Fair market value" means the value in arms-length	1605
transactions, consistent with general market value and:	1606

(1) With respect to rentals or leases, the value of rental	1607
property for general commercial purposes, not taking into account	1608
its intended use;	1609

(2) With respect to a lease of space, not adjusted to reflect	1610
the additional value the prospective lessee or lessor would	1611
attribute to the proximity or convenience to the lessor if the	1612
lessor is a potential source of referrals to the lessee.	1613

(D) "Governmental health care program" means any program	1614
providing health care benefits that is administered by the federal	1615
government, this state, or a political subdivision of this state,	1616
including the medicare program established under Title XVIII of	1617
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	1618
as amended, health care coverage for public employees, health care	1619
benefits administered by the bureau of workers' compensation, and	1620
the medicaid program established under Chapter 5111. of the	1621
Revised Code.	1622

(E)(1) "Group practice" means a group of two or more holders	1623
of certificates under this chapter legally organized as a	1624
partnership, professional corporation or association, limited	1625
liability company, foundation, nonprofit corporation, faculty	1626
practice plan, or similar group practice entity, including an	1627
organization comprised of a nonprofit medical clinic that	1628
contracts with a professional corporation or association of	1629
physicians to provide medical services exclusively to patients of	1630
the clinic in order to comply with section 1701.03 of the Revised	1631
Code and including a corporation, limited liability company,	1632
partnership, or professional association described in division (B)	1633
of section 4731.226 of the Revised Code formed for the purpose of	1634
providing a combination of the professional services of	1635
optometrists who are licensed, certificated, or otherwise legally	1636
authorized to practice optometry under Chapter 4725. of the	1637
Revised Code, chiropractors who are licensed, certificated, or	1638
otherwise legally authorized to practice chiropractic or	1639
acupuncture under Chapter 4734. of the Revised Code, counselors,	1640
social workers, or marriage and family therapists licensed under	1641
Chapter 4757. of the Revised Code, psychologists who are licensed,	1642
certificated, or otherwise legally authorized to practice	1643
psychology under Chapter 4732. of the Revised Code, registered or	1644
licensed practical nurses who are licensed, certificated, or	1645
otherwise legally authorized to practice nursing under Chapter	1646
4723. of the Revised Code, pharmacists who are licensed,	1647
certificated, or otherwise legally authorized to practice pharmacy	1648
under Chapter 4729. of the Revised Code, physical therapists who	1649
are licensed, certificated, or otherwise legally authorized to	1650
practice physical therapy under sections 4755.40 to 4755.56 of the	1651
Revised Code, occupational therapists who are licensed,	1652
certificated, or otherwise legally authorized to practice	1653
occupational therapy under sections 4755.04 to 4755.13 of the	1654
Revised Code, mechanotherapists who are licensed, certificated, or	1655
otherwise legally authorized to practice mechanotherapy under	1656
section 4731.151 of the Revised Code, and doctors of medicine and	1657
surgery, osteopathic medicine and surgery, or podiatric medicine	1658
and surgery who are licensed, certificated, or otherwise legally	1659
authorized for their respective practices under this chapter, to	1660
which all of the following apply:	1661

(a) Each physician who is a member of the group practice	1662
provides substantially the full range of services that the	1663
physician routinely provides, including medical care,	1664
consultation, diagnosis, or treatment, through the joint use of	1665
shared office space, facilities, equipment, and personnel.	1666

(b) Substantially all of the services of the members of the	1667
group are provided through the group and are billed in the name of	1668
the group and amounts so received are treated as receipts of the	1669
group.	1670

(c) The overhead expenses of and the income from the practice	1671
are distributed in accordance with methods previously determined	1672
by members of the group.	1673

(d) The group practice meets any other requirements that the	1674
state medical board applies in rules adopted under section 4731.70	1675
of the Revised Code.	1676

(2) In the case of a faculty practice plan associated with a	1677
hospital with a medical residency training program in which	1678
physician members may provide a variety of specialty services and	1679
provide professional services both within and outside the group,	1680
as well as perform other tasks such as research, the criteria in	1681
division (E)(1) of this section apply only with respect to	1682
services rendered within the faculty practice plan.	1683

(F) "Home health care services" and "immediate family" have	1684
the same meanings as in the rules adopted under section 4731.70 of	1685
the Revised Code.	1686

(G) "Hospital" has the same meaning as in section 3727.01 of	1687
the Revised Code.	1688

(H) A "referral" includes both of the following:

1689

(1) A request by a holder of a certificate under this chapter	1690
for an item or service, including a request for a consultation	1691
with another physician and any test or procedure ordered by or to	1692
be performed by or under the supervision of the other physician;	1693

(2) A request for or establishment of a plan of care by a	1694
certificate holder that includes the provision of designated	1695
health services.	1696

(I) "Third-party payer" has the same meaning as in section	1697
3901.38 of the Revised Code.	1698

Sec. 4732.28.  (A) An individual whom the state board of	1699
psychology licenses, certificates, or otherwise legally authorizes	1700
to engage in the practice of psychology may render the	1701
professional services of a psychologist within this state through	1702
a corporation formed under division (B) of section 1701.03 of the	1703
Revised Code, a limited liability company formed under Chapter	1704
1705. of the Revised Code, a partnership, or a professional	1705
association formed under Chapter 1785. of the Revised Code. This	1706
division does not preclude an individual of that nature from	1707
rendering professional services as a psychologist through another	1708
form of business entity, including, but not limited to, a	1709
nonprofit corporation or foundation, or in another manner that is	1710
authorized by or in accordance with this chapter, another chapter	1711
of the Revised Code, or rules of the state board of psychology	1712
adopted pursuant to this chapter.	1713

(B) A corporation, limited liability company, partnership, or	1714
professional association described in division (A) of this section	1715
may be formed for the purpose of providing a combination of the	1716
professional services of the following individuals who are	1717
licensed, certificated, or otherwise legally authorized to	1718
practice their respective professions:	1719

(1) Optometrists who are authorized to practice optometry	1720
under Chapter 4725. of the Revised Code;	1721

(2) Chiropractors who are authorized to practice chiropractic	1722
or acupuncture under Chapter 4734. of the Revised Code;	1723

(3) Psychologists who are authorized to practice psychology	1724
under this chapter;	1725

(4) Registered or licensed practical nurses who are	1726
authorized to practice nursing as registered nurses or as licensed	1727
practical nurses under Chapter 4723. of the Revised Code;	1728

(5) Pharmacists who are authorized to practice pharmacy under	1729
Chapter 4729. of the Revised Code;	1730

(6) Physical therapists who are authorized to practice	1731
physical therapy under sections 4755.40 to 4755.56 of the Revised	1732
Code;	1733

(7) Occupational therapists who are authorized to practice	1734
occupational therapy under sections 4755.04 to 4755.13 of the	1735
Revised Code;	1736

(8) Mechanotherapists who are authorized to practice	1737
mechanotherapy under section 4731.151 of the Revised Code;	1738

(9) Doctors of medicine and surgery, osteopathic medicine and	1739
surgery, or podiatric medicine and surgery who are authorized for	1740
their respective practices under Chapter 4731. of the Revised	1741
Code;	1742

(10) Counselors, social workers, or marriage and family	1743
therapists, or independent marriage and family therapists who are	1744
authorized to practice counseling, social work, or marriage and	1745
family therapy under Chapter 4757. of the Revised Code.	1746

This division shall apply notwithstanding a provision of a	1747
code of ethics applicable to a psychologist that prohibits a	1748
psychologist from engaging in the practice of psychology in	1749
combination with a person who is licensed, certificated, or	1750
otherwise legally authorized to practice optometry, chiropractic,	1751
acupuncture through the state chiropractic board, nursing,	1752
pharmacy, physical therapy, occupational therapy, mechanotherapy,	1753
medicine and surgery, osteopathic medicine and surgery, or	1754
podiatric medicine and surgery, but who is not also licensed,	1755
certificated, or otherwise legally authorized to engage in the	1756
practice of psychology.	1757

Sec. 4734.17.  (A) An individual whom the state chiropractic	1758
board licenses to engage in the practice of chiropractic or	1759
certifies to practice acupuncture may render the professional	1760
services of a chiropractor or chiropractor certified to practice	1761
acupuncture within this state through a corporation formed under	1762
division (B) of section 1701.03 of the Revised Code, a limited	1763
liability company formed under Chapter 1705. of the Revised Code,	1764
a partnership, or a professional association formed under Chapter	1765
1785. of the Revised Code. This division does not preclude a	1766
chiropractor from rendering professional services as a	1767
chiropractor or chiropractor certified to practice acupuncture	1768
through another form of business entity, including, but not	1769
limited to, a nonprofit corporation or foundation, or in another	1770
manner that is authorized by or in accordance with this chapter,	1771
another chapter of the Revised Code, or rules of the state	1772
chiropractic board adopted pursuant to this chapter.	1773

(B) A corporation, limited liability company, partnership, or	1774
professional association described in division (A) of this section	1775
may be formed for the purpose of providing a combination of the	1776
professional services of the following individuals who are	1777
licensed, certificated, or otherwise legally authorized to	1778
practice their respective professions:	1779

(1) Optometrists who are authorized to practice optometry,	1780
under Chapter 4725. of the Revised Code;	1781

(2) Chiropractors who are authorized to practice chiropractic	1782
or acupuncture under this chapter;	1783

(3) Psychologists who are authorized to practice psychology	1784
under Chapter 4732. of the Revised Code;	1785

(4) Registered or licensed practical nurses who are	1786
authorized to practice nursing as registered nurses or as licensed	1787
practical nurses under Chapter 4723. of the Revised Code;	1788

(5) Pharmacists who are authorized to practice pharmacy under	1789
Chapter 4729. of the Revised Code;	1790

(6) Physical therapists who are authorized to practice	1791
physical therapy under sections 4755.40 to 4755.56 of the Revised	1792
Code;	1793

(7) Occupational therapists who are authorized to practice	1794
occupational therapy under sections 4755.04 to 4755.13 of the	1795
Revised Code;	1796

(8) Mechanotherapists who are authorized to practice	1797
mechanotherapy under section 4731.151 of the Revised Code;	1798

(9) Doctors of medicine and surgery, osteopathic medicine and	1799
surgery, or podiatric medicine and surgery who are authorized for	1800
their respective practices under Chapter 4731. of the Revised	1801
Code;	1802

(10) Counselors, social workers, or marriage and family	1803
therapists, or independent marriage and family therapists who are	1804
authorized to practice counseling, social work, or marriage and	1805
family therapy under Chapter 4757. of the Revised Code.	1806

This division shall apply notwithstanding a provision of any	1807
code of ethics established or adopted under section 4734.16 of the	1808
Revised Code that prohibits an individual from engaging in the	1809
practice of chiropractic or acupuncture in combination with an	1810
individual who is licensed, certificated, or otherwise authorized	1811
for the practice of optometry, psychology, nursing, pharmacy,	1812
physical therapy, occupational therapy, mechanotherapy, medicine	1813
and surgery, osteopathic medicine and surgery, or podiatric	1814
medicine and surgery, but who is not also licensed under this	1815
chapter to engage in the practice of chiropractic.	1816

Sec. 4755.471.  (A) An individual whom the physical therapy	1817
section of the Ohio occupational therapy, physical therapy, and	1818
athletic trainers board licenses, certificates, or otherwise	1819
legally authorizes to engage in the practice of physical therapy	1820
may render the professional services of a physical therapist	1821
within this state through a corporation formed under division (B)	1822
of section 1701.03 of the Revised Code, a limited liability	1823
company formed under Chapter 1705. of the Revised Code, a	1824
partnership, or a professional association formed under Chapter	1825
1785. of the Revised Code. This division does not preclude an	1826
individual of that nature from rendering professional services as	1827
a physical therapist through another form of business entity,	1828
including, but not limited to, a nonprofit corporation or	1829
foundation, or in another manner that is authorized by or in	1830
accordance with sections 4755.40 to 4755.53 of the Revised Code,	1831
another chapter of the Revised Code, or rules of the Ohio	1832
occupational therapy, physical therapy, and athletic trainers	1833
board adopted pursuant to sections 4755.40 to 4755.53 of the	1834
Revised Code.	1835

(B) A corporation, limited liability company, partnership, or	1836
professional association described in division (A) of this section	1837
may be formed for the purpose of providing a combination of the	1838
professional services of the following individuals who are	1839
licensed, certificated, or otherwise legally authorized to	1840
practice their respective professions:	1841

(1) Optometrists who are authorized to practice optometry	1842
under Chapter 4725. of the Revised Code;	1843

(2) Chiropractors who are authorized to practice chiropractic	1844
or acupuncture under Chapter 4734. of the Revised Code;	1845

(3) Psychologists who are authorized to practice psychology	1846
under Chapter 4732. of the Revised Code;	1847

(4) Registered or licensed practical nurses who are	1848
authorized to practice nursing as registered nurses or as licensed	1849
practical nurses under Chapter 4723. of the Revised Code;	1850

(5) Pharmacists who are authorized to practice pharmacy under	1851
Chapter 4729. of the Revised Code;	1852

(6) Physical therapists who are authorized to practice	1853
physical therapy under sections 4755.40 to 4755.56 of the Revised	1854
Code;	1855

(7) Mechanotherapists who are authorized to practice	1856
mechanotherapy under section 4731.151 of the Revised Code;	1857

(8) Doctors of medicine and surgery, osteopathic medicine and	1858
surgery, or podiatric medicine and surgery who are authorized for	1859
their respective practices under Chapter 4731. of the Revised	1860
Code;	1861

(9) Counselors, social workers, or marriage and family	1862
therapists, or independent marriage and family therapists who are	1863
authorized to practice counseling, social work, or marriage and	1864
family therapy under Chapter 4757. of the Revised Code.	1865

This division shall apply notwithstanding a provision of a	1866
code of ethics applicable to a physical therapist that prohibits a	1867
physical therapist from engaging in the practice of physical	1868
therapy in combination with a person who is licensed,	1869
certificated, or otherwise legally authorized to practice	1870
optometry, chiropractic, acupuncture through the state	1871
chiropractic board, psychology, nursing, pharmacy, mechanotherapy,	1872
medicine and surgery, osteopathic medicine and surgery, or	1873
podiatric medicine and surgery, but who is not also licensed,	1874
certificated, or otherwise legally authorized to engage in the	1875
practice of physical therapy.	1876

Sec. 4757.03. (A) There is hereby created the counselor,	1877
social worker, and marriage and family therapist board, consisting	1878
of fifteen members. The governor shall appoint the members with	1879
the advice and consent of the senate.	1880

(1) Four of the members shall be individuals licensed under	1881
this chapter as professional clinical counselors or professional	1882
counselors. At all times, the counselor membership shall include	1883
at least two licensed professional clinical counselors, at least	1884
one individual who has received a doctoral degree in counseling	1885
from an accredited educational institution recognized by the board	1886
and holds a graduate level teaching position in a counselor	1887
education program, and at least two individuals who have received	1888
at least a master's degree in counseling from an accredited	1889
educational institution recognized by the board.	1890

Two of the(2) Four members shall be individuals licensed	1891
under this chapter as independent marriage and family therapists	1892
and two shall be individuals licensed under this chapter asor	1893
marriage and family therapists or, if the board has not yet	1894
licensed independent marriage and family therapists or marriage	1895
and family therapists, eligible for licensure as independent	1896
marriage and family therapists or marriage and family therapists.	1897
They shall have, during the five years preceding appointment,	1898
actively engaged in the practice of marriage and family therapy,	1899
in educating and training master's, doctoral, or postdoctoral	1900
students of marriage and family therapy, or in marriage and family	1901
therapy research and, during the two years immediately preceding	1902
appointment, shall have devoted the majority of their professional	1903
time to the activity while residing in this state. At all times,	1904
the marriage and family therapist membership shall include one	1905
educator who holds a teaching position in a master's degree	1906
marriage and family therapy program at an accredited educational	1907
institution recognized by the board.	1908

(3) Two members shall be individuals licensed under this	1909
chapter as independent social workers. Two members shall be	1910
individuals licensed under this chapter as social workers, at	1911
least one of whom must hold a bachelor's or master's degree in	1912
social work from an accredited educational institution recognized	1913
by the board. At all times, the social worker membership shall	1914
include one educator who holds a teaching position in a	1915
baccalaureate or master's degree social work program at an	1916
accredited educational institution recognized by the board.	1917

(4) Three members shall be representatives of the general	1918
public who have not practiced professional counseling, marriage	1919
and family therapy, or social work and have not been involved in	1920
the delivery of professional counseling, marriage and family	1921
therapy, or social work services. At least one of the members	1922
representing the general public shall be at least sixty years of	1923
age. During their terms the public members shall not practice	1924
professional counseling, marriage and family therapy, or social	1925
work or be involved in the delivery of professional counseling,	1926
marriage and family therapy, or social work services.	1927

(B) Each member appointed to the board, during the five years	1928
preceding appointment, shall have actively engaged in the practice	1929
of their respective professions, in educating and training	1930
master's, doctoral, or postdoctoral students of their respective	1931
professions, or in research in their respective professions, and,	1932
during the two years immediately preceding appointment, shall have	1933
devoted the majority of their professional time to the activity	1934
while residing in this state.	1935

(C) At least three appointed members, one from each	1936
professional standards committee, who are licensed by the board,	1937
during the five years preceding appointment, shall have practiced	1938
at a public agency or at an organization that was certified or	1939
licensed by the department of developmental disabilities, the	1940
department of alcohol and drug addiction services, the department	1941
of job and family services, or the department of mental health.	1942

(D) Not more than eight members of the board may be members	1943
of the same political party or sex. At	1944

(E) At least one member of the board shall be of African,	1945
Native American, Hispanic, or Asian descent.	1946

Of the initial appointees, three shall be appointed for terms	1947
ending October 10, 1985, four shall be appointed for terms ending	1948
October 10, 1986, and four shall be appointed for terms ending	1949
October 10, 1987. Of the two initial independent marriage and	1950
family therapists appointed to the board, one shall be appointed	1951
for a term ending two years after the effective date of this	1952
amendment and one for a term ending three years after that date.	1953
Of the two initial marriage and family therapists appointed to the	1954
board, one shall be appointed for a term ending two years after	1955
the effective date of this amendment and one for a term ending	1956
three years after that date. After the initial appointments, terms	1957

(F) Terms of office shall be three years, each term ending on	1958
the same day of the same month of the year as did the term that it	1959
succeeds. As a result of the dates of initial appointment, the	1960
number of terms expiring each year are four, five, or six.	1961

(G) A member shall hold office from the date of appointment	1962
until the end of the term for which the member was appointed. A	1963
member appointed to fill a vacancy occurring prior to the	1964
expiration of the term for which the member's predecessor was	1965
appointed shall hold office for the remainder of that term. A	1966
member shall continue in office after the expiration date of the	1967
member's term until a successor takes office or until a period of	1968
sixty days has elapsed, whichever occurs first. Members may be	1969
reappointed, except that if a person has held office for two	1970
consecutive full terms, the person shall not be reappointed to the	1971
board sooner than one year after the expiration of the second full	1972
term as a member of the board.	1973

Sec. 4757.13. (A) Each individual who engages in the practice	1974
of counseling, social work, or marriage and family therapy shall	1975
prominently display, in a conspicuous place in the office or place	1976
where a major portion of the individual's practice is conducted,	1977
and in such a manner as to be easily seen and read, the license	1978
granted to the individual by the state counselor, social worker,	1979
and marriage and family therapist board.	1980

(B) A licensee engaged in a private individual practice,	1981
partnership, or group practice shall prominently display the	1982
licensee's fee schedule in the office or place where a major	1983
portion of the licensee's practice is conducted. The bottom of the	1984
first page of the fee schedule shall include the following	1985
statement, which shall be followed by the name, address, and	1986
telephone number of the board:	1987

"This information is required by the Counselor, Social	1988
Worker, and Marriage and Family Therapist Board, which regulates	1989
the practices of professional counseling, social work, and	1990
marriage and family therapy in this state."	1991

Sec. 4757.16.  (A) A person seeking to be licensed under this	1992
chapter as a professional clinical counselor or professional	1993
counselor shall file with the counselors professional standards	1994
committee of the counselor, social worker, and marriage and family	1995
therapist board a written application on a form prescribed by the	1996
board. A person seeking to be licensed under this chapter as an	1997
independent social worker or social worker or registered under	1998
this chapter as a social work assistant shall file with the social	1999
workers professional standards committee of the board a written	2000
application on a form prescribed by the board. A person seeking to	2001
be licensed under this chapter as an independent marriage and	2002
family therapist or a marriage and family therapist shall file	2003
with the marriage and family therapist professional standards	2004
committee of the board a written application on a form prescribed	2005
by the board.	2006

Each form prescribed by the board shall contain a statement	2007
informing the applicant that a person who knowingly makes a false	2008
statement on the form is guilty of falsification under section	2009
2921.13 of the Revised Code, a misdemeanor of the first degree.	2010

(B) The professional standards committees shall adopt rules	2011
under Chapter 119. of the Revised Code concerning the process for	2012
review of each application received and shallto determine whether	2013
the applicant meets the requirements to receive the license or	2014
certificate of registration for which application has been made.	2015

Sec. 4757.22.  (A) The counselors professional standards	2016
committee of the counselor, social worker, and marriage and family	2017
therapist board shall issue a license to practice as a	2018
professional clinical counselor to each applicant who submits a	2019
properly completed application, pays the fee established under	2020
section 4757.31 of the Revised Code, and meets the requirements	2021
specified in division (B) of this section.	2022

(B) To be eligible for a professional clinical counselor	2023
license, an individual must meet the following requirements:	2024

(1) The individual must be of good moral character.

2025

(2) The individual must hold from an accredited educational	2026
institution a graduate degree in counseling.	2027

(3) The individual must complete a minimum of ninety quarter	2028
hours or sixty semester hours of graduate credit in counselor	2029
training acceptable to the committee, including a minimum of	2030
thirty quarter hours of instruction in the following areas:	2031

(a) Clinical psychopathology, personality, and abnormal	2032
behavior;	2033

(b) Evaluation of mental and emotional disorders;

2034

(c) Diagnosis of mental and emotional disorders;

2035

(d) Methods of prevention, intervention, and treatment of	2036
mental and emotional disorders.	2037

(4) The individual must complete, in either a private or	2038
clinical counseling setting, supervised experience in counseling	2039
that is of a type approved by the committee, is supervised by a	2040
professional clinical counselor or other qualified professional	2041
approved by the committee, and is in the following amounts:	2042

(a) In the case of an individual holding only a master's	2043
degree, not less than two years of experience, which must be	2044
completed after the award of the master's degree;	2045

(b) In the case of an individual holding a doctorate, not	2046
less than one year of experience, which must be completed after	2047
the award of the doctorate.	2048

(5) The individual must pass a field evaluation that meets	2049
the following requirements:	2050

(a) Has been completed by the applicant's instructors,	2051
employers, supervisors, or other persons determined by the	2052
committee to be competent to evaluate an individual's professional	2053
competence;	2054

(b) Includes documented evidence of the quality, scope, and	2055
nature of the applicant's experience and competence in diagnosing	2056
and treating mental and emotional disorders.	2057

(6) The individual must pass an examination administered by	2058
the board for the purpose of determining ability to practice as a	2059
professional clinical counselor.	2060

(C) To be accepted by the committee for purposes of division	2061
(B) of this section, counselor training must include at least the	2062
following:	2063

(1) Instruction in human growth and development; counseling	2064
theory; counseling techniques; group dynamics, processing, and	2065
counseling; appraisal of individuals; research and evaluation;	2066
professional, legal, and ethical responsibilities; social and	2067
cultural foundations; and lifestyle and career development;	2068

(2) Participation in a supervised practicum and internship in	2069
counseling.	2070

(D) The committee may issue a provisional license to an	2071
applicant who meets all of the requirements to be licensed under	2072
this section, pending the receipt of transcripts or action by the	2073
committee to issue a license to practice as a professional	2074
clinical counselor.	2075

(E) An individual may not sit for the licensing examination	2076
unless the individual meets the educational requirements to be	2077
licensed under this section. An individual who is denied admission	2078
to the licensing examination may appeal the denial in accordance	2079
with Chapter 119. of the Revised Code.	2080

(F) The board shall adopt any rules necessary for the	2081
committee to implement this section, including criteria for the	2082
committee to use in determining whether an applicant's training	2083
should be accepted and supervised experience approved, and	2084
including a rule that:	2085

(1) Requires that a graduate degree in counseling that is	2086
obtained after January 1, 2018, from an Ohio mental health	2087
counseling program, in order to meet the requirements of division	2088
(B)(2) of this section, is from an institution accredited by the	2089
council for accreditation of counseling and related educational	2090
programs (CACREP) in clinical mental health counseling or	2091
addiction counseling and other programs approved by the board;	2092

(2) Stipulates that CACREP accredited programs in clinical	2093
mental health counseling and, until January 1, 2018, mental health	2094
counseling, and any other program area approved by the board by	2095
rule are deemed to have met the licensure educational requirements	2096
of division (B)(3) of this section;	2097

(3) Establishes course content requirements for qualifying	2098
counseling degrees from counseling programs that are not CACREP	2099
accredited clinical mental health or addiction counseling programs	2100
and for graduate degrees accredited by other counseling	2101
accreditation programs recognized by the board.	2102

Rules adopted under this division shall be adopted in	2103
accordance with Chapter 119. of the Revised Code.	2104

Sec. 4757.23.  (A) The counselors professional standards	2105
committee of the counselor, social worker, and marriage and family	2106
therapist board shall issue a license as a professional counselor	2107
to each applicant who submits a properly completed application,	2108
pays the fee established under section 4757.31 of the Revised	2109
Code, and meets the requirements established under division (B) of	2110
this section.	2111

(B) To be eligible for a license as a professional counselor,	2112
an individual must meet the following requirements:	2113

(1) The individual must be of good moral character.

2114

(2) The individual must hold from an accredited educational	2115
institution a graduate degree in counseling.	2116

(3) The individual must complete a minimum of ninety quarter	2117
hours or sixty semester hours of graduate credit in counselor	2118
training acceptable to the committee, which the individual may	2119
complete while working toward receiving a graduate degree in	2120
counseling, or subsequent to receiving the degree, and which shall	2121
include training in the following areas:	2122

(a) Clinical psychopathology, personality, and abnormal	2123
behavior;	2124

(b) Evaluation of mental and emotional disorders;

2125

(c) Diagnosis of mental and emotional disorders;

2126

(d) Methods of prevention, intervention, and treatment of	2127
mental and emotional disorders.	2128

(4) The individual must pass an examination administered by	2129
the board for the purpose of determining ability to practice as a	2130
professional counselor.	2131

(C) To be accepted by the committee for purposes of division	2132
(B) of this section, counselor training must include at least the	2133
following:	2134

(1) Instruction in human growth and development; counseling	2135
theory; counseling techniques; group dynamics, processing, and	2136
counseling; appraisal of individuals; research and evaluation;	2137
professional, legal, and ethical responsibilities; social and	2138
cultural foundations; and lifestyle and career development;	2139

(2) Participation in a supervised practicum and internship in	2140
counseling.	2141

(D) The committee may issue a provisional license to an	2142
applicant who meets all of the requirements to be licensed under	2143
this section, pending the receipt of transcripts or action by the	2144
committee to issue a license as a professional counselor.	2145

(E) An individual may not sit for the licensing examination	2146
unless the individual meets the educational requirements to be	2147
licensed under this section. An individual who is denied admission	2148
to the licensing examination may appeal the denial in accordance	2149
with Chapter 119. of the Revised Code.	2150

(F) The board shall adopt any rules necessary for the	2151
committee to implement this section, including criteria for the	2152
committee to use in determining whether an applicant's training	2153
should be accepted and supervised experience approved, and	2154
including a rule that:	2155

(1) Requires that a graduate degree in counseling that is	2156
obtained after January 1, 2018, from an Ohio mental health	2157
counseling program, in order to meet the requirements of division	2158
(B)(2) of this section, is from an institution accredited by the	2159
council for accreditation of counseling and related educational	2160
programs (CACREP) and other CACREP accredited programs approved by	2161
the board by rule;	2162

(2) Establishes that individuals that have a graduate degree	2163
in clinical mental health counseling from a CACREP accredited	2164
program are deemed to have met the licensure educational	2165
requirements of division (B)(3) of this section;	2166

(3) Establishes requirements for qualifying counseling	2167
degrees from counseling programs that are not CACREP accredited	2168
programs, and for graduate degrees accredited by other counseling	2169
accreditation programs recognized by the board.	2170

Rules adopted under this division shall be adopted in	2171
accordance with Chapter 119. of the Revised Code.	2172

(G) The board shall adopt rules for registration of master's	2173
level counseling students enrolled in practice and internships.	2174
The rules adopted under this division shall not require that a	2175
master level student register with the board, and shall prohibit	2176
any adverse affect, with respect to a student's application for	2177
licensure from the board, if the student has not registered.	2178

Sec. 4757.27.  (A) The social workers professional standards	2179
committee of the counselor, social worker, and marriage and family	2180
therapist board shall issue a license as an independent social	2181
worker to each applicant who submits a properly completed	2182
application, pays the fee established under section 4757.31 of the	2183
Revised Code, and meets the requirements specified in division (B)	2184
of this section. An independent social worker license shall	2185
clearly indicate each academic degree earned by the person to whom	2186
it has been issued.	2187

(B) To be eligible for a license as an independent social	2188
worker, an individual must meet the following requirements:	2189

(1) The individual must be of good moral character.

2190

(2) The individual must hold from ana council on social work	2191
education (CSWE) accredited educational institution a master's	2192
degree or a doctorate in social work.	2193

(3) The individual must complete at least two years of	2194
post-master's degree social work experience supervised by an	2195
independent social worker.	2196

(4) The individual must pass an examination administered by	2197
the board for the purpose of determining ability to practice as an	2198
independent social worker.	2199

(C) The committee may issue a temporary license to an	2200
applicant who meets all of the requirements to be licensed under	2201
this section, pending the receipt of transcripts or action by the	2202
committee to issue a license as an independent social worker.	2203

(D) The board shall adopt any rules necessary for the	2204
committee to implement this section, including criteria for the	2205
committee to use in determining whether an applicant's training	2206
should be accepted and supervised experience approved. Rules	2207
adopted under this division shall be adopted in accordance with	2208
Chapter 119. of the Revised Code.	2209

(E) The board shall adopt rules for registration of master	2210
level social worker students enrolled in fieldwork, practice, and	2211
internships. The rules adopted under this division shall not	2212
require that a master level student register with the board, and	2213
shall prohibit any adverse affect, with respect to a student's	2214
application for licensure from the board, if the student has not	2215
registered.	2216

Sec. 4757.28.  (A) The social workers professional standards	2217
committee of the counselor, social worker, and marriage and family	2218
therapist board shall issue a license as a social worker to each	2219
applicant who submits a properly completed application, pays the	2220
fee established under section 4757.31 of the Revised Code, and	2221
meets the requirements specified in division (B) of this section.	2222
A social worker license shall clearly indicate each academic	2223
degree earned by the person to whom it is issued.	2224

(B) To be eligible for a license as a social worker, an	2225
individual must meet the following requirements:	2226

(1) The individual must be of good moral character.

2227

(2) The individual must hold from an accredited educational	2228
institution one of the following:	2229

(a) A baccalaureate degree in social work or, prior to	2230
October 10, 1992, a baccalaureate degree in a program closely	2231
related to social work and approved by the committee;	2232

(b) A master's degree in social work;

2233

(c) A doctorate in social work.

2234

(3) The individual must pass an examination administered by	2235
the board for the purpose of determining ability to practice as a	2236
social worker.	2237

(C) The committee may issue a temporary license to an	2238
applicant who meets all of the requirements to be licensed under	2239
this section, pending the receipt of transcripts or action by the	2240
committee to issue a license as a social worker. However, the	2241
committee may issue a temporary license to an applicant who	2242
provides the board with a statement from the applicant's academic	2243
institution indicating that the applicant is in good standing with	2244
the institution, that the applicant has met the academic	2245
requirements for the applicant's degree, and the date the	2246
applicant will receive the applicant's degree.	2247

(D) The board shall adopt any rules necessary for the	2248
committee to implement this section, including criteria for the	2249
committee to use in determining whether an applicant's training	2250
should be accepted and supervised experience approved. Rules	2251
adopted under this division shall be adopted in accordance with	2252
Chapter 119. of the Revised Code.	2253

Sec. 4757.29. (A) The social workers professional standards	2254
committee of the counselor, social worker, and marriage and family	2255
therapist board shall issue a certificate of registration as a	2256
social work assistant to each applicant who submits a properly	2257
completed application, pays the fee established under section	2258
4757.31 of the Revised Code, is of good moral character, and holds	2259
from an accredited educational institution an associate degree in	2260
social service technology or a bachelor's degree that is	2261
equivalent to an associate degree in social service technology or	2262
a related bachelor's or higher degree that is approved by the	2263
committee.	2264

(B) On and after March 18, 1997, a counselor assistant	2265
certificate of registration issued under former section 4757.08 of	2266
the Revised Code shall be considered a certificate of registration	2267
as a social work assistant. The holder of the certificate is	2268
subject to the supervision requirements specified in section	2269
4757.26 of the Revised Code, the continuing education requirements	2270
specified in section 4757.33 of the Revised Code, and regulation	2271
by the social workers professional standards committee. On the	2272
first renewal occurring after March 18, 1997, the committee shall	2273
issue a certificate of registration as a social work assistant to	2274
each former counselor assistant who qualifies for renewal.	2275

(C) The social workers professional standards committee shall	2276
issue a certificate of registration as a social work assistant to	2277
any person who, on or before March 18, 1998, meets the	2278
requirements for a certificate of registration as a counselor	2279
assistant pursuant to division (A)(3) of former section 4757.08 of	2280
the Revised Code, submits a properly completed application, pays	2281
the fee established under section 4757.31 of the Revised Code, and	2282
is of good moral character.	2283

Sec. 4757.30.  (A) The marriage and family therapist	2284
professional standards committee of the counselor, social worker,	2285
and marriage and family therapist board shall issue a license to	2286
practice as a marriage and family therapist to a person who has	2287
done all of the following:	2288

(1) Properly completed an application for the license;

2289

(2) Paid the required fee established by the board under	2290
section 4757.31 of the Revised Code;	2291

(3) Achieved one of the following:

2292

(a) Received from an educational institution accredited at	2293
the time the degree was granted by a regional accrediting	2294
organization recognized by the board a master's degree or a	2295
doctorate in marriage and family therapy;	2296

(b) Completed a graduate degree that includes a minimum of	2297
ninety quarter hours of graduate level course work in marriage and	2298
family therapy training that is acceptable to the committee;	2299

(4) Passed an examination administered by the board for the	2300
purpose of determining the person's ability to be a marriage and	2301
family therapist;	2302

(5) Completed a practicum that includes at least three	2303
hundred hours of client contact.	2304

(B) To be accepted by the committee for purposes of division	2305
(A)(3)(b) of this section, marriage and family therapist training	2306
must include instruction in at least the following:	2307

(1) Research and evaluation;

2308

(2) Professional, legal, and ethical responsibilities;

2309

(3) Marriage and family studies;

2310

(4) Marriage and family therapy, including therapeutic theory	2311
and techniques for individuals, groups, and families;	2312

(5) Human development;

2313

(6) Appraisal of individuals and families;

2314

(7) Diagnosis of mental and emotional disorders;

2315

(8) Systems theory.

2316

(C) The marriage and family therapist professional standards	2317
committee shall issue a license to practice as an independent	2318
marriage and family therapist to a person who does both of the	2319
following:	2320

(1) Meets all of the requirements of division (A) of this	2321
section;	2322

(2) After meeting the requirements of division (A)(3) of this	2323
section, completes at least two calendar years of work experience	2324
in marriage and family therapy.	2325

The two calendar years of work experience must include one	2326
thousand hours of documented client contact in marriage and family	2327
therapy. Two hundred hours of the one thousand hours must include	2328
face-to-face supervision by a supervisor whose training and	2329
experience meets standards established by the board in rules	2330
adopted under section 4757.10 of the Revised Code and one hundred	2331
hours of the two hundred hours of supervision must be individual	2332
supervision.	2333

(D) An independent marriage and family therapist or a	2334
marriage and family therapist may engage in the private practice	2335
of marriage and family therapy as an individual practitioner or as	2336
a member of a partnership or group practice.	2337

(E) A marriage and family therapist may diagnose and treat	2338
mental and emotional disorders only under the supervision of a	2339
psychologist, psychiatrist, professional clinical counselor,	2340
independent social worker, or independent marriage and family	2341
therapist. An independent marriage and family therapist may	2342
diagnose and treat mental and emotional disorders without	2343
supervision.	2344

(F) Nothing in this chapter or rules adopted under it	2345
authorizes an independent marriage and family therapist or a	2346
marriage and family therapist to admit a patient to a hospital or	2347
requires a hospital to allow a marriage and family therapist to	2348
admit a patient.	2349

(G) An independent marriage and family therapist or a	2350
marriage and family therapist may not diagnose, treat, or advise	2351
on conditions outside the recognized boundaries of the marriage	2352
and family therapist's competency. An independent marriage and	2353
family therapist or a marriage and family therapist shall make	2354
appropriate and timely referrals when a client's needs exceed the	2355
marriage and family therapist's competence level.	2356

(H) The board shall adopt rules for voluntary registration of	2357
master level marriage and family therapy students enrolled in	2358
practice and internships.	2359

Sec. 4757.31.  (A) Subject to division (B) of this section,	2360
the counselor, social worker, and marriage and family therapist	2361
board shall establish, and may from time to time adjust, fees to	2362
be charged for the following:	2363

(1) Examination for licensure as a professional clinical	2364
counselor, professional counselor, marriage and family therapist,	2365
independent marriage and family therapist, social worker, or	2366
independent social worker;	2367

(2) Initial licenses of professional clinical counselors,	2368
professional counselors, marriage and family therapists,	2369
independent marriage and family therapists, social workers, and	2370
independent social workers, except that the board shall charge	2371
only one fee to a person who fulfills all requirements for more	2372
than one of the following initial licenses: an initial license as	2373
a social worker or independent social worker, an initial license	2374
as a professional counselor or professional clinical counselor,	2375
and an initial license as a marriage and family therapist or	2376
independent marriage and family therapist;	2377

(3) Initial certificates of registration of social work	2378
assistants;	2379

(4) Renewal and late renewal of licenses of professional	2380
clinical counselors, professional counselors, marriage and family	2381
therapists, independent marriage and family therapists, social	2382
workers, and independent social workers and renewal and late	2383
renewal of certificates of registration of social work assistants;	2384

(5) Verification, to another jurisdiction, of a license or	2385
registration issued by the board;	2386

(6) Continuing education programs offered by the board to	2387
licensees or registrants;	2388

(7) Approval of continuing education programs;

2389

(8) Approval of continuing education providers to be	2390
authorized to offer continuing education programs without prior	2391
approval from the board for each program offered;	2392

(9) Issuance of a replacement copy of any wall certificate	2393
issued by the board;	2394

(10) Late completion of continuing counselor, social worker,	2395
or marriage and family therapy education required under section	2396
4757.33 of the Revised Code and the rules adopted thereunder.	2397

(B) The fees charged under division (A)(1) of this section	2398
shall be established in amounts sufficient to cover the direct	2399
expenses incurred in examining applicants for licensure. The fees	2400
charged under divisions (A)(2) to (9) of this section shall be	2401
nonrefundable and shall be established in amounts sufficient to	2402
cover the necessary expenses in administering this chapter and	2403
rules adopted under it that are not covered by fees charged under	2404
division (A)(1) or (C) of this section. The renewal fee for a	2405
license or certificate of registration shall not be less than the	2406
initial fee for that license or certificate. The fees charged for	2407
licensure and registration and the renewal of licensure and	2408
registration may differ for the various types of licensure and	2409
registration, but shall not exceed one hundred twenty-five dollars	2410
each, unless the board determines that amounts in excess of one	2411
hundred twenty-five dollars are needed to cover its necessary	2412
expenses in administering this chapter and rules adopted under it	2413
and the amounts in excess of one hundred twenty-five dollars are	2414
approved by the controlling board.	2415

(C) All receipts of the board shall be deposited in the state	2416
treasury to the credit of the occupational licensing and	2417
regulatory fund. All vouchers of the board shall be approved by	2418
the chairperson or executive director of the board, or both, as	2419
authorized by the board.	2420

Sec. 4757.33.  (A) Except as provided in division (B) of this	2421
section, each person who holds a license or certificate of	2422
registration issued under this chapter shall complete during the	2423
period that the license or certificate is in effect not less than	2424
thirty clock hours of continuing professional education as a	2425
condition of receiving a renewed license or certificate. To have a	2426
lapsed license or certificate of registration restored, a person	2427
shall complete the number of hours of continuing education	2428
specified by the counselor, social worker, and marriage and family	2429
therapist board in rules it shall adopt in accordance with Chapter	2430
119. of the Revised Code.	2431

The professional standards committees of the counselor,	2432
social worker, and marriage and family therapist board shall adopt	2433
rules in accordance with Chapter 119. of the Revised Code	2434
establishing standards and procedures to be followed by the	2435
committees in conducting the continuing education approval	2436
process, which shall include registering individuals and entities	2437
to provide approved continuing education programs.	2438

(B) The board may waive the continuing education requirements	2439
established under this section for persons who are unable to	2440
fulfill them because of military service, illness, residence	2441
abroad, or any other reason the committee considers acceptable.	2442

In the case of a social worker licensed by virtue of	2443
receiving, prior to October 10, 1992, a baccalaureate degree in a	2444
program closely related to social work, as a condition of the	2445
first renewal of the license, the social worker must complete at	2446
an accredited educational institution a minimum of five semester	2447
hours of social work graduate or undergraduate credit, or their	2448
equivalent, that is acceptable to the committee and includes a	2449
course in social work theory and a course in social work methods.	2450

Sec. 4757.36.  (A) The appropriate professional standards	2451
committee of the counselor, social worker, and marriage and family	2452
therapist board may, in accordance with Chapter 119. of the	2453
Revised Code, take any action specified in division (B) of this	2454
section against an individual who has applied for or holds a	2455
license to practice as a professional clinical counselor,	2456
professional counselor, independent marriage and family therapist,	2457
marriage and family therapist, social worker, or independent	2458
social worker, or a certificate of registration to practice as a	2459
social work assistant, counselor trainee, social worker trainee,	2460
or marriage and family therapist trainee, for any reason described	2461
in division (C) of this section. The board may, under Chapter 119.	2462
of the Revised Code, take any action specified in division (B) of	2463
this section against an individual or entity who has applied for	2464
or holds a registration under the rules enacted under section	2465
4757.33 of the Revised Code to offer continuing education courses	2466
or programs under the board's approval.	2467

(B) In its imposition of sanctions against an individual or a	2468
registered entity providing continuing education programs, the	2469
board may do any of the following:	2470

(1) Refuse to issue or refuse to renew a license or	2471
certificate of registration;	2472

(2) Suspend, revoke, or otherwise restrict a license or	2473
certificate of registration;	2474

(3) Reprimand an individual holding a license or certificate	2475
of registration;	2476

(4) Impose a fine in accordance with the graduated system of	2477
fines established by the board in rules adopted under section	2478
4757.10 of the Revised Code.	2479

(C) The appropriate professional standards committee of the	2480
board may take an action specified in division (B) of this section	2481
for any of the following reasons:	2482

(1) Commission of an act that violates any provision of this	2483
chapter or rules adopted under it;	2484

(2) Knowingly making a false statement on an application for	2485
licensure or registration, or for renewal of a license or	2486
certificate of registration;	2487

(3) Accepting a commission or rebate for referring persons to	2488
any professionals licensed, certified, or registered by any court	2489
or board, commission, department, division, or other agency of the	2490
state, including, but not limited to, individuals practicing	2491
counseling, social work, or marriage and family therapy or	2492
practicing in fields related to counseling, social work, or	2493
marriage and family therapy;	2494

(4) A failure to comply with section 4757.124757.13 of the	2495
Revised Code;	2496

(5) A conviction in this or any other state of a crime that	2497
is a felony in this state;	2498

(6) A failure to perform properly as a professional clinical	2499
counselor, professional counselor, independent marriage and family	2500
therapist, marriage and family therapist, social work assistant,	2501
social worker, or independent social worker due to the use of	2502
alcohol or other drugs or any other physical or mental condition;	2503

(7) A conviction in this state or in any other state of a	2504
misdemeanor committed in the course of practice as a professional	2505
clinical counselor, professional counselor, independent marriage	2506
and family therapist, marriage and family therapist, social work	2507
assistant, social worker, or independent social worker;	2508

(8) Practicing outside the scope of practice applicable to	2509
that person;	2510

(9) Practicing in violation of the supervision requirements	2511
specified under sections 4757.21 and 4757.26, and division (E) of	2512
section 4757.30, of the Revised Code;	2513

(10) A violation of the person's code of ethical practice	2514
adopted by rule of the board pursuant to section 4757.11 of the	2515
Revised Code;	2516

(11) Revocation or suspension of a license or certificate of	2517
registration, other disciplinary action against a licensee or	2518
registrant, or the voluntary surrender of a license or certificate	2519
of registration in another state or jurisdiction for an offense	2520
that would be a violation of this chapter.	2521

(D) One year or more after the date of suspension or	2522
revocation of a license or certificate of registration under this	2523
section, application may be made to the appropriate professional	2524
standards committee for reinstatement. The committee may accept	2525
approve or refusedeny an application for reinstatement. If a	2526
license has been suspended or revoked, the committee may require	2527
an examination for reinstatement.	2528

(E) On request of the board, the attorney general shall bring	2529
and prosecute to judgment a civil action to collect any fine	2530
imposed under division (B)(4) of this section that remains unpaid.	2531

(F) All fines collected under division (B)(4) of this section	2532
shall be deposited into the state treasury to the credit of the	2533
occupational licensing and regulatory fund.	2534

Sec. 4757.37.  (A) An individual whom the counselor, social	2535
worker, and marriage and family therapist board licenses,	2536
certificates, or otherwise legally authorizes to engage in the	2537
practice of counseling, social work, or marriage and family	2538
therapy may render the professional services of a counselor,	2539
social worker, or marriage and family therapist within this state	2540
through a corporation formed under division (B) of section 1701.03	2541
of the Revised Code, a limited liability company formed under	2542
Chapter 1705. of the Revised Code, a partnership, or a	2543
professional association formed under Chapter 1785. of the Revised	2544
Code. This division does not preclude such an individual from	2545
rendering professional services as a counselor, social worker, or	2546
marriage and family therapist through another form of business	2547
entity, including, but not limited to, a nonprofit corporation or	2548
foundation, or in another manner that is authorized by or in	2549
accordance with this chapter, another chapter of the Revised Code,	2550
or rules of the counselor, social worker, and marriage and family	2551
therapist board adopted pursuant to this chapter.	2552

(B) A corporation, limited liability company, partnership, or	2553
professional association described in division (A) of this section	2554
may be formed for the purpose of providing a combination of the	2555
professional services of the following individuals who are	2556
licensed, certificated, or otherwise legally authorized to	2557
practice their respective professions:	2558

(1) Optometrists who are authorized to practice optometry	2559
under Chapter 4725. of the Revised Code;	2560

(2) Chiropractors who are authorized to practice chiropractic	2561
or acupuncture under Chapter 4734. of the Revised Code;	2562

(3) Counselors, social workers, or marriage and family	2563
therapists who are authorized to practice counseling, social work,	2564
or marriage and family therapy under this chapter;	2565

(4) Psychologists who are authorized to practice psychology	2566
under Chapter 4732. of the Revised Code;	2567

(5) Registered or licensed practical nurses who are	2568
authorized to practice nursing as registered nurses or as licensed	2569
practical nurses under Chapter 4723. of the Revised Code;	2570

(6) Pharmacists who are authorized to practice pharmacy under	2571
Chapter 4729. of the Revised Code;	2572

(7) Physical therapists who are authorized to practice	2573
physical therapy under sections 4755.40 to 4755.56 of the Revised	2574
Code;	2575

(8) Occupational therapists who are authorized to practice	2576
occupational therapy under sections 4755.04 to 4755.13 of the	2577
Revised Code;	2578

(9) Mechanotherapists who are authorized to practice	2579
mechanotherapy under section 4731.151 of the Revised Code;	2580

(10) Doctors of medicine and surgery, osteopathic medicine	2581
and surgery, or podiatric medicine and surgery who are authorized	2582
for their respective practices under Chapter 4731. of the Revised	2583
Code.	2584

This division applies notwithstanding a provision of a code	2585
of ethics applicable to a counselor, social worker, or marriage	2586
and family therapist that prohibits a counselor, social worker, or	2587
marriage and family therapist from engaging in the practice of	2588
counseling, social work, or marriage and family therapy in	2589
combination with a person who is licensed, certificated, or	2590
otherwise legally authorized to practice optometry, chiropractic,	2591
acupuncture (through the state chiropractic board), nursing,	2592
pharmacy, physical therapy, psychology, occupational therapy,	2593
mechanotherapy, medicine and surgery, osteopathic medicine and	2594
surgery, or podiatric medicine and surgery, but who is not also	2595
licensed, certificated, or otherwise legally authorized to engage	2596
in the practice of counseling, social work, or marriage and family	2597
therapy.	2598

Sec. 4757.41.  (A) This chapter shall not apply to the	2599
following:	2600

(1) A person certified by the state board of education under	2601
Chapter 3319. of the Revised Code while performing any services	2602
within the person's scope of employment by a board of education or	2603
by a private school meeting the standards prescribed by the state	2604
board of education under division (D) of section 3301.07 of the	2605
Revised Code or in a program operated under Chapter 5126. of the	2606
Revised Code for training individuals with mental retardation or	2607
other developmental disabilities;	2608

(2) Psychologists or school psychologists licensed under	2609
Chapter 4732. of the Revised Code;	2610

(3) Members of other professions licensed, certified, or	2611
registered by this state while performing services within the	2612
recognized scope, standards, and ethics of their respective	2613
professions;	2614

(4) Rabbis, priests, Christian science practitioners, clergy,	2615
or members of religious orders and other individuals participating	2616
with them in pastoral counseling when the counseling activities	2617
are within the scope of the performance of their regular or	2618
specialized ministerial duties and are performed under the	2619
auspices or sponsorship of an established and legally cognizable	2620
church, denomination, or sect or an integrated auxiliary of a	2621
church as defined in federal tax regulations, paragraph (g)(5) of	2622
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the	2623
service remains accountable to the established authority of that	2624
church, denomination, sect, or integrated auxiliary;	2625

(5) Any person employed in the civil service as defined in	2626
section 124.01 of the Revised Code while engaging in social work	2627
or professional counseling as a civil service employee, so long as	2628
the person has at least two years of service on the effective date	2629
of this amendment;	2630

(6) A student in an accredited educational institution while	2631
carrying out activities that are part of the student's prescribed	2632
course of study if the activities are supervised as required by	2633
the educational institution and if the student does not hold	2634
herself or himself out as a person licensed or registered under	2635
this chapter;	2636

(7) Until two years after the date the department of alcohol	2637
and drug addiction services ceases to administer its process for	2638
the certification or credentialing of chemical dependency	2639
counselors and alcohol and other drug prevention specialists under	2640
section 3793.07 of the Revised Code, as specified in division (B)	2641
of that section, or in the case of an individual who has the	2642
expiration date of the individual's certificate or credentials	2643
delayed under section 4758.04 of the Revised Code, until the date	2644
of the delayed expiration, individuals with certification or	2645
credentials accepted by the department under that section who are	2646
acting within the scope of their certification or credentials as	2647
members of the profession of chemical dependency counseling or as	2648
alcohol and other drug prevention specialists;	2649

(8)(6) Individuals who hold a license or certificate under	2650
Chapter 4758. of the Revised Code who are acting within the scope	2651
of their license or certificate as members of the profession of	2652
chemical dependency counseling or alcohol and other drug	2653
prevention services;	2654

(9)(7) Any person employed by the American red cross while	2655
engaging in activities relating to services for military families	2656
and veterans and disaster relief, as described in the "American	2657
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as	2658
amended;	2659

(10)(8) Members of labor organizations who hold union	2660
counselor certificates while performing services in their official	2661
capacity as union counselors;	2662

(11)(9) Any person employed in a hospital as defined in	2663
section 3727.01 of the Revised Code or in a nursing home as	2664
defined in section 3721.01 of the Revised Code while providing as	2665
a hospital employee or nursing home employee, respectively, social	2666
services other than counseling and the use of psychosocial	2667
interventions and social psychotherapy;	2668

(10) A vocational rehabilitation professional who is	2669
providing vocational rehabilitation counseling or services to	2670
individuals under section 3304.17 of the Revised Code.	2671

(B) Divisions (A)(5), (9),(7) and (11)(9) of this section do	2672
not prevent a person described in those divisions from obtaining a	2673
license or certificate of registration under this chapter.	2674

(C) Except as provided in divisions (D) and (E) of this	2675
section, no employee in the service of the state, including public	2676
employees as defined by Chapter 4117. of the Revised Code, shall	2677
engage in marriage and family therapy, social work, or	2678
professional counseling without a license. Failure to comply with	2679
this division constitutes nonfeasance under section 124.34 of the	2680
Revised Code or just cause under a collective bargaining	2681
agreement. Nothing in this division restricts the director of	2682
administrative services from developing new classifications	2683
related to this division or from reassigning affected employees to	2684
appropriate classifications based on the employee's duties and	2685
qualifications.	2686

(D) An employee who was engaged in marriage and family	2687
therapy, social work, or professional counseling in the service of	2688
the state prior to the effective date of this amendment, including	2689
public employees as defined by Chapter 4117. of the Revised Code,	2690
shall be in compliance with division (C) of this section within	2691
two years after the effective date of this amendment. Any such	2692
employee who fails to comply shall be removed from employment.	2693

(E) Nothing in this chapter shall be construed to require	2694
licensure or certification for a caseworker employed by a public	2695
children services agency under section 5153.112 of the Revised	2696
Code.	2697

Sec. 5101.61.  (A) As used in this section:

2698

(1) "Senior service provider" means any person who provides	2699
care or services to a person who is an adult as defined in	2700
division (B) of section 5101.60 of the Revised Code.	2701

(2) "Ambulatory health facility" means a nonprofit, public or	2702
proprietary freestanding organization or a unit of such an agency	2703
or organization that:	2704

(a) Provides preventive, diagnostic, therapeutic,	2705
rehabilitative, or palliative items or services furnished to an	2706
outpatient or ambulatory patient, by or under the direction of a	2707
physician or dentist in a facility which is not a part of a	2708
hospital, but which is organized and operated to provide medical	2709
care to outpatients;	2710

(b) Has health and medical care policies which are developed	2711
with the advice of, and with the provision of review of such	2712
policies, an advisory committee of professional personnel,	2713
including one or more physicians, one or more dentists, if dental	2714
care is provided, and one or more registered nurses;	2715

(c) Has a medical director, a dental director, if dental care	2716
is provided, and a nursing director responsible for the execution	2717
of such policies, and has physicians, dentists, nursing, and	2718
ancillary staff appropriate to the scope of services provided;	2719

(d) Requires that the health care and medical care of every	2720
patient be under the supervision of a physician, provides for	2721
medical care in a case of emergency, has in effect a written	2722
agreement with one or more hospitals and other centers or clinics,	2723
and has an established patient referral system to other resources,	2724
and a utilization review plan and program;	2725

(e) Maintains clinical records on all patients;

2726

(f) Provides nursing services and other therapeutic services	2727
in accordance with programs and policies, with such services	2728
supervised by a registered professional nurse, and has a	2729
registered professional nurse on duty at all times of clinical	2730
operations;	2731

(g) Provides approved methods and procedures for the	2732
dispensing and administration of drugs and biologicals;	2733

(h) Has established an accounting and record keeping system	2734
to determine reasonable and allowable costs;	2735

(i) "Ambulatory health facilities" also includes an	2736
alcoholism treatment facility approved by the joint commission on	2737
accreditation of healthcare organizations as an alcoholism	2738
treatment facility or certified by the department of alcohol and	2739
drug addiction services, and such facility shall comply with other	2740
provisions of this division not inconsistent with such	2741
accreditation or certification.	2742

(3) "Community mental health facility" means a facility which	2743
provides community mental health services and is included in the	2744
comprehensive mental health plan for the alcohol, drug addiction,	2745
and mental health service district in which it is located.	2746

(4) "Community mental health service" means services, other	2747
than inpatient services, provided by a community mental health	2748
facility.	2749

(5) "Home health agency" means an institution or a distinct	2750
part of an institution operated in this state which:	2751

(a) Is primarily engaged in providing home health services;

2752

(b) Has home health policies which are established by a group	2753
of professional personnel, including one or more duly licensed	2754
doctors of medicine or osteopathy and one or more registered	2755
professional nurses, to govern the home health services it	2756
provides and which includes a requirement that every patient must	2757
be under the care of a duly licensed doctor of medicine or	2758
osteopathy;	2759

(c) Is under the supervision of a duly licensed doctor of	2760
medicine or doctor of osteopathy or a registered professional	2761
nurse who is responsible for the execution of such home health	2762
policies;	2763

(d) Maintains comprehensive records on all patients;

2764

(e) Is operated by the state, a political subdivision, or an	2765
agency of either, or is operated not for profit in this state and	2766
is licensed or registered, if required, pursuant to law by the	2767
appropriate department of the state, county, or municipality in	2768
which it furnishes services; or is operated for profit in this	2769
state, meets all the requirements specified in divisions (A)(5)(a)	2770
to (d) of this section, and is certified under Title XVIII of the	2771
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	2772
amended.	2773

(6) "Home health service" means the following items and	2774
services, provided, except as provided in division (A)(6)(g) of	2775
this section, on a visiting basis in a place of residence used as	2776
the patient's home:	2777

(a) Nursing care provided by or under the supervision of a	2778
registered professional nurse;	2779

(b) Physical, occupational, or speech therapy ordered by the	2780
patient's attending physician;	2781

(c) Medical social services performed by or under the	2782
supervision of a qualified medical or psychiatric social worker	2783
and under the direction of the patient's attending physician;	2784

(d) Personal health care of the patient performed by aides in	2785
accordance with the orders of a doctor of medicine or osteopathy	2786
and under the supervision of a registered professional nurse;	2787

(e) Medical supplies and the use of medical appliances;

2788

(f) Medical services of interns and residents-in-training	2789
under an approved teaching program of a nonprofit hospital and	2790
under the direction and supervision of the patient's attending	2791
physician;	2792

(g) Any of the foregoing items and services which:

2793

(i) Are provided on an outpatient basis under arrangements	2794
made by the home health agency at a hospital or skilled nursing	2795
facility;	2796

(ii) Involve the use of equipment of such a nature that the	2797
items and services cannot readily be made available to the patient	2798
in the patient's place of residence, or which are furnished at the	2799
hospital or skilled nursing facility while the patient is there to	2800
receive any item or service involving the use of such equipment.	2801

Any attorney, physician, osteopath, podiatrist, chiropractor,	2802
dentist, psychologist, any employee of a hospital as defined in	2803
section 3701.01 of the Revised Code, any nurse licensed under	2804
Chapter 4723. of the Revised Code, any employee of an ambulatory	2805
health facility, any employee of a home health agency, any	2806
employee of an adult care facility as defined in section 5119.70	2807
of the Revised Code, any employee of a nursing home, residential	2808
care facility, or home for the aging, as defined in section	2809
3721.01 of the Revised Code, any senior service provider, any	2810
peace officer, coroner, clergymanmember of the clergy, any	2811
employee of a community mental health facility, and any person	2812
engaged in social work or, counseling, or marriage and family	2813
therapy having reasonable cause to believe that an adult is being	2814
abused, neglected, or exploited, or is in a condition which is the	2815
result of abuse, neglect, or exploitation shall immediately report	2816
such belief to the county department of job and family services.	2817
This section does not apply to employees of any hospital or public	2818
hospital as defined in section 5122.01 of the Revised Code.	2819

(B) Any person having reasonable cause to believe that an	2820
adult has suffered abuse, neglect, or exploitation may report, or	2821
cause reports to be made of such belief to the department.	2822

(C) The reports made under this section shall be made orally	2823
or in writing except that oral reports shall be followed by a	2824
written report if a written report is requested by the department.	2825
Written reports shall include:	2826

(1) The name, address, and approximate age of the adult who	2827
is the subject of the report;	2828

(2) The name and address of the individual responsible for	2829
the adult's care, if any individual is, and if the individual is	2830
known;	2831

(3) The nature and extent of the alleged abuse, neglect, or	2832
exploitation of the adult;	2833

(4) The basis of the reporter's belief that the adult has	2834
been abused, neglected, or exploited.	2835

(D) Any person with reasonable cause to believe that an adult	2836
is suffering abuse, neglect, or exploitation who makes a report	2837
pursuant to this section or who testifies in any administrative or	2838
judicial proceeding arising from such a report, or any employee of	2839
the state or any of its subdivisions who is discharging	2840
responsibilities under section 5101.62 of the Revised Code shall	2841
be immune from civil or criminal liability on account of such	2842
investigation, report, or testimony, except liability for perjury,	2843
unless the person has acted in bad faith or with malicious	2844
purpose.	2845

(E) No employer or any other person with the authority to do	2846
so shall discharge, demote, transfer, prepare a negative work	2847
performance evaluation, or reduce benefits, pay, or work	2848
privileges, or take any other action detrimental to an employee or	2849
in any way retaliate against an employee as a result of the	2850
employee's having filed a report under this section.	2851

(F) Neither the written or oral report provided for in this	2852
section nor the investigatory report provided for in section	2853
5101.62 of the Revised Code shall be considered a public record as	2854
defined in section 149.43 of the Revised Code. Information	2855
contained in the report shall upon request be made available to	2856
the adult who is the subject of the report, to agencies authorized	2857
by the department to receive information contained in the report,	2858
and to legal counsel for the adult.	2859

Sec. 5123.61.  (A) As used in this section:

2860

(1) "Law enforcement agency" means the state highway patrol,	2861
the police department of a municipal corporation, or a county	2862
sheriff.	2863

(2) "Abuse" has the same meaning as in section 5123.50 of the	2864
Revised Code, except that it includes a misappropriation, as	2865
defined in that section.	2866

(3) "Neglect" has the same meaning as in section 5123.50 of	2867
the Revised Code.	2868

(B) The department of developmental disabilities shall	2869
establish a registry office for the purpose of maintaining reports	2870
of abuse, neglect, and other major unusual incidents made to the	2871
department under this section and reports received from county	2872
boards of developmental disabilities under section 5126.31 of the	2873
Revised Code. The department shall establish committees to review	2874
reports of abuse, neglect, and other major unusual incidents.	2875

(C)(1) Any person listed in division (C)(2) of this section,	2876
having reason to believe that a person with mental retardation or	2877
a developmental disability has suffered or faces a substantial	2878
risk of suffering any wound, injury, disability, or condition of	2879
such a nature as to reasonably indicate abuse or neglect of that	2880
person, shall immediately report or cause reports to be made of	2881
such information to the entity specified in this division. Except	2882
as provided in section 5120.173 of the Revised Code or as	2883
otherwise provided in this division, the person making the report	2884
shall make it to a law enforcement agency or to the county board	2885
of developmental disabilities. If the report concerns a resident	2886
of a facility operated by the department of developmental	2887
disabilities the report shall be made either to a law enforcement	2888
agency or to the department. If the report concerns any act or	2889
omission of an employee of a county board of developmental	2890
disabilities, the report immediately shall be made to the	2891
department and to the county board.	2892

(2) All of the following persons are required to make a	2893
report under division (C)(1) of this section:	2894

(a) Any physician, including a hospital intern or resident,	2895
any dentist, podiatrist, chiropractor, practitioner of a limited	2896
branch of medicine as specified in section 4731.15 of the Revised	2897
Code, hospital administrator or employee of a hospital, nurse	2898
licensed under Chapter 4723. of the Revised Code, employee of an	2899
ambulatory health facility as defined in section 5101.61 of the	2900
Revised Code, employee of a home health agency, employee of an	2901
adult care facility licensed under Chapter 3722. of the Revised	2902
Code, or employee of a community mental health facility;	2903

(b) Any school teacher or school authority, professional	2904
counselor, social worker, marriage and family therapist,	2905
psychologist, attorney, peace officer, coroner, or residents'	2906
rights advocate as defined in section 3721.10 of the Revised Code;	2907

(c) A superintendent, board member, or employee of a county	2908
board of developmental disabilities; an administrator, board	2909
member, or employee of a residential facility licensed under	2910
section 5123.19 of the Revised Code; an administrator, board	2911
member, or employee of any other public or private provider of	2912
services to a person with mental retardation or a developmental	2913
disability, or any MR/DD employee, as defined in section 5123.50	2914
of the Revised Code;	2915

(d) A member of a citizen's advisory council established at	2916
an institution or branch institution of the department of	2917
developmental disabilities under section 5123.092 of the Revised	2918
Code;	2919

(e) A clergymanmember of the clergy who is employed in a	2920
position that includes providing specialized services to an	2921
individual with mental retardation or another developmental	2922
disability, while acting in an official or professional capacity	2923
in that position, or a person who is employed in a position that	2924
includes providing specialized services to an individual with	2925
mental retardation or another developmental disability and who,	2926
while acting in an official or professional capacity, renders	2927
spiritual treatment through prayer in accordance with the tenets	2928
of an organized religion.	2929

(3)(a) The reporting requirements of this division do not	2930
apply to members of the legal rights service commission or to	2931
employees of the legal rights service.	2932

(b) An attorney or physician is not required to make a report	2933
pursuant to division (C)(1) of this section concerning any	2934
communication the attorney or physician receives from a client or	2935
patient in an attorney-client or physician-patient relationship,	2936
if, in accordance with division (A) or (B) of section 2317.02 of	2937
the Revised Code, the attorney or physician could not testify with	2938
respect to that communication in a civil or criminal proceeding,	2939
except that the client or patient is deemed to have waived any	2940
testimonial privilege under division (A) or (B) of section 2317.02	2941
of the Revised Code with respect to that communication and the	2942
attorney or physician shall make a report pursuant to division	2943
(C)(1) of this section, if both of the following apply:	2944

(i) The client or patient, at the time of the communication,	2945
is a person with mental retardation or a developmental disability.	2946

(ii) The attorney or physician knows or suspects, as a result	2947
of the communication or any observations made during that	2948
communication, that the client or patient has suffered or faces a	2949
substantial risk of suffering any wound, injury, disability, or	2950
condition of a nature that reasonably indicates abuse or neglect	2951
of the client or patient.	2952

(4) Any person who fails to make a report required under	2953
division (C) of this section and who is an MR/DD employee, as	2954
defined in section 5123.50 of the Revised Code, shall be eligible	2955
to be included in the registry regarding misappropriation, abuse,	2956
neglect, or other specified misconduct by MR/DD employees	2957
established under section 5123.52 of the Revised Code.	2958

(D) The reports required under division (C) of this section	2959
shall be made forthwith by telephone or in person and shall be	2960
followed by a written report. The reports shall contain the	2961
following:	2962

(1) The names and addresses of the person with mental	2963
retardation or a developmental disability and the person's	2964
custodian, if known;	2965

(2) The age of the person with mental retardation or a	2966
developmental disability;	2967

(3) Any other information that would assist in the	2968
investigation of the report.	2969

(E) When a physician performing services as a member of the	2970
staff of a hospital or similar institution has reason to believe	2971
that a person with mental retardation or a developmental	2972
disability has suffered injury, abuse, or physical neglect, the	2973
physician shall notify the person in charge of the institution or	2974
that person's designated delegate, who shall make the necessary	2975
reports.	2976

(F) Any person having reasonable cause to believe that a	2977
person with mental retardation or a developmental disability has	2978
suffered or faces a substantial risk of suffering abuse or neglect	2979
may report or cause a report to be made of that belief to the	2980
entity specified in this division. Except as provided in section	2981
5120.173 of the Revised Code or as otherwise provided in this	2982
division, the person making the report shall make it to a law	2983
enforcement agency or the county board of developmental	2984
disabilities. If the person is a resident of a facility operated	2985
by the department of developmental disabilities, the report shall	2986
be made to a law enforcement agency or to the department. If the	2987
report concerns any act or omission of an employee of a county	2988
board of developmental disabilities, the report immediately shall	2989
be made to the department and to the county board.	2990

(G)(1) Upon the receipt of a report concerning the possible	2991
abuse or neglect of a person with mental retardation or a	2992
developmental disability, the law enforcement agency shall inform	2993
the county board of developmental disabilities or, if the person	2994
is a resident of a facility operated by the department of	2995
developmental disabilities, the director of the department or the	2996
director's designee.	2997

(2) On receipt of a report under this section that includes	2998
an allegation of action or inaction that may constitute a crime	2999
under federal law or the law of this state, the department of	3000
developmental disabilities shall notify the law enforcement	3001
agency.	3002

(3) When a county board of developmental disabilities	3003
receives a report under this section that includes an allegation	3004
of action or inaction that may constitute a crime under federal	3005
law or the law of this state, the superintendent of the board or	3006
an individual the superintendent designates under division (H) of	3007
this section shall notify the law enforcement agency. The	3008
superintendent or individual shall notify the department of	3009
developmental disabilities when it receives any report under this	3010
section.	3011

(4) When a county board of developmental disabilities	3012
receives a report under this section and believes that the degree	3013
of risk to the person is such that the report is an emergency, the	3014
superintendent of the board or an employee of the board the	3015
superintendent designates shall attempt a face-to-face contact	3016
with the person with mental retardation or a developmental	3017
disability who allegedly is the victim within one hour of the	3018
board's receipt of the report.	3019

(H) The superintendent of the board may designate an	3020
individual to be responsible for notifying the law enforcement	3021
agency and the department when the county board receives a report	3022
under this section.	3023

(I) An adult with mental retardation or a developmental	3024
disability about whom a report is made may be removed from the	3025
adult's place of residence only by law enforcement officers who	3026
consider that the adult's immediate removal is essential to	3027
protect the adult from further injury or abuse or in accordance	3028
with the order of a court made pursuant to section 5126.33 of the	3029
Revised Code.	3030

(J) A law enforcement agency shall investigate each report of	3031
abuse or neglect it receives under this section. In addition, the	3032
department, in cooperation with law enforcement officials, shall	3033
investigate each report regarding a resident of a facility	3034
operated by the department to determine the circumstances	3035
surrounding the injury, the cause of the injury, and the person	3036
responsible. The investigation shall be in accordance with the	3037
memorandum of understanding prepared under section 5126.058 of the	3038
Revised Code. The department shall determine, with the registry	3039
office which shall be maintained by the department, whether prior	3040
reports have been made concerning an adult with mental retardation	3041
or a developmental disability or other principals in the case. If	3042
the department finds that the report involves action or inaction	3043
that may constitute a crime under federal law or the law of this	3044
state, it shall submit a report of its investigation, in writing,	3045
to the law enforcement agency. If the person with mental	3046
retardation or a developmental disability is an adult, with the	3047
consent of the adult, the department shall provide such protective	3048
services as are necessary to protect the adult. The law	3049
enforcement agency shall make a written report of its findings to	3050
the department.	3051

If the person is an adult and is not a resident of a facility	3052
operated by the department, the county board of developmental	3053
disabilities shall review the report of abuse or neglect in	3054
accordance with sections 5126.30 to 5126.33 of the Revised Code	3055
and the law enforcement agency shall make the written report of	3056
its findings to the county board.	3057

(K) Any person or any hospital, institution, school, health	3058
department, or agency participating in the making of reports	3059
pursuant to this section, any person participating as a witness in	3060
an administrative or judicial proceeding resulting from the	3061
reports, or any person or governmental entity that discharges	3062
responsibilities under sections 5126.31 to 5126.33 of the Revised	3063
Code shall be immune from any civil or criminal liability that	3064
might otherwise be incurred or imposed as a result of such actions	3065
except liability for perjury, unless the person or governmental	3066
entity has acted in bad faith or with malicious purpose.	3067

(L) No employer or any person with the authority to do so	3068
shall discharge, demote, transfer, prepare a negative work	3069
performance evaluation, reduce pay or benefits, terminate work	3070
privileges, or take any other action detrimental to an employee or	3071
retaliate against an employee as a result of the employee's having	3072
made a report under this section. This division does not preclude	3073
an employer or person with authority from taking action with	3074
regard to an employee who has made a report under this section if	3075
there is another reasonable basis for the action.	3076

(M) Reports made under this section are not public records as	3077
defined in section 149.43 of the Revised Code. Information	3078
contained in the reports on request shall be made available to the	3079
person who is the subject of the report, to the person's legal	3080
counsel, and to agencies authorized to receive information in the	3081
report by the department or by a county board of developmental	3082
disabilities.	3083

(N) Notwithstanding section 4731.22 of the Revised Code, the	3084
physician-patient privilege shall not be a ground for excluding	3085
evidence regarding the injuries or physical neglect of a person	3086
with mental retardation or a developmental disability or the cause	3087
thereof in any judicial proceeding resulting from a report	3088
submitted pursuant to this section.	3089

Section 2. That existing sections 1701.03, 1705.03, 1705.04,	3090
1705.53, 1785.01, 1785.02, 1785.03, 2305.234, 2305.51, 2921.22,	3091
3107.014, 3701.74, 3721.21, 4723.16, 4725.33, 4729.161, 4731.226,	3092
4731.65, 4732.28, 4734.17, 4755.471, 4757.03, 4757.16, 4757.22,	3093
4757.23, 4757.27, 4757.28, 4757.29, 4757.30, 4757.31, 4757.33,	3094
4757.36, 4757.41, 5101.61, and 5123.61 and section 4757.12 of the	3095
Revised Code are hereby repealed.	3096

Section 3. Within one year after the effective date of this	3097
act, the Office of Collective Bargaining within the Department of	3098
Administrative Services shall implement the change by this act to	3099
division (A)(5) of section 4757.41 of the Revised Code.	3100

Within ninety days after the effective date of this act, the	3101
Office of Collective Bargaining shall negotiate with each state	3102
agency and the affected union to reach a mutually agreeable	3103
resolution for employees impacted by this change.	3104

Notwithstanding divisions (A) and (D) of section 124.14 of	3105
the Revised Code or any other contrary provision of law, for	3106
employees in the service of the state exempt from Chapter 4117. of	3107
the Revised Code who are impacted by this change, the Director of	3108
Administrative Services may implement any or all of the provisions	3109
of the resolutions described in the preceding paragraph.	3110

The Director, within ninety days after the effective date of	3111
this act, shall develop and assign new classifications related to	3112
this change as needed and reassign impacted employees to	3113
appropriate classifications based on the employee's duties and	3114
qualifications.	3115

Section 4.  That the version of section 5123.61 of the	3116
Revised Code that is scheduled to take effect October 1, 2012, be	3117
amended to read as follows:	3118

Sec. 5123.61.  (A) As used in this section:

3119

(1) "Law enforcement agency" means the state highway patrol,	3120
the police department of a municipal corporation, or a county	3121
sheriff.	3122

(2) "Abuse" has the same meaning as in section 5123.50 of the	3123
Revised Code, except that it includes a misappropriation, as	3124
defined in that section.	3125

(3) "Neglect" has the same meaning as in section 5123.50 of	3126
the Revised Code.	3127

(B) The department of developmental disabilities shall	3128
establish a registry office for the purpose of maintaining reports	3129
of abuse, neglect, and other major unusual incidents made to the	3130
department under this section and reports received from county	3131
boards of developmental disabilities under section 5126.31 of the	3132
Revised Code. The department shall establish committees to review	3133
reports of abuse, neglect, and other major unusual incidents.	3134

(C)(1) Any person listed in division (C)(2) of this section,	3135
having reason to believe that a person with mental retardation or	3136
a developmental disability has suffered or faces a substantial	3137
risk of suffering any wound, injury, disability, or condition of	3138
such a nature as to reasonably indicate abuse or neglect of that	3139
person, shall immediately report or cause reports to be made of	3140
such information to the entity specified in this division. Except	3141
as provided in section 5120.173 of the Revised Code or as	3142
otherwise provided in this division, the person making the report	3143
shall make it to a law enforcement agency or to the county board	3144
of developmental disabilities. If the report concerns a resident	3145
of a facility operated by the department of developmental	3146
disabilities the report shall be made either to a law enforcement	3147
agency or to the department. If the report concerns any act or	3148
omission of an employee of a county board of developmental	3149
disabilities, the report immediately shall be made to the	3150
department and to the county board.	3151

(2) All of the following persons are required to make a	3152
report under division (C)(1) of this section:	3153

(a) Any physician, including a hospital intern or resident,	3154
any dentist, podiatrist, chiropractor, practitioner of a limited	3155
branch of medicine as specified in section 4731.15 of the Revised	3156
Code, hospital administrator or employee of a hospital, nurse	3157
licensed under Chapter 4723. of the Revised Code, employee of an	3158
ambulatory health facility as defined in section 5101.61 of the	3159
Revised Code, employee of a home health agency, employee of an	3160
adult care facility licensed under Chapter 3722. of the Revised	3161
Code, or employee of a community mental health facility;	3162

(b) Any school teacher or school authority, professional	3163
counselor, social worker, marriage and family therapist,	3164
psychologist, attorney, peace officer, coroner, or residents'	3165
rights advocate as defined in section 3721.10 of the Revised Code;	3166

(c) A superintendent, board member, or employee of a county	3167
board of developmental disabilities; an administrator, board	3168
member, or employee of a residential facility licensed under	3169
section 5123.19 of the Revised Code; an administrator, board	3170
member, or employee of any other public or private provider of	3171
services to a person with mental retardation or a developmental	3172
disability, or any MR/DD employee, as defined in section 5123.50	3173
of the Revised Code;	3174

(d) A member of a citizen's advisory council established at	3175
an institution or branch institution of the department of	3176
developmental disabilities under section 5123.092 of the Revised	3177
Code;	3178

(e) A clergymanmember of the clergy who is employed in a	3179
position that includes providing specialized services to an	3180
individual with mental retardation or another developmental	3181
disability, while acting in an official or professional capacity	3182
in that position, or a person who is employed in a position that	3183
includes providing specialized services to an individual with	3184
mental retardation or another developmental disability and who,	3185
while acting in an official or professional capacity, renders	3186
spiritual treatment through prayer in accordance with the tenets	3187
of an organized religion.	3188

(3)(a) The reporting requirements of this division do not	3189
apply to employees of the Ohio protection and advocacy system.	3190

(b) An attorney or physician is not required to make a report	3191
pursuant to division (C)(1) of this section concerning any	3192
communication the attorney or physician receives from a client or	3193
patient in an attorney-client or physician-patient relationship,	3194
if, in accordance with division (A) or (B) of section 2317.02 of	3195
the Revised Code, the attorney or physician could not testify with	3196
respect to that communication in a civil or criminal proceeding,	3197
except that the client or patient is deemed to have waived any	3198
testimonial privilege under division (A) or (B) of section 2317.02	3199
of the Revised Code with respect to that communication and the	3200
attorney or physician shall make a report pursuant to division	3201
(C)(1) of this section, if both of the following apply:	3202

(i) The client or patient, at the time of the communication,	3203
is a person with mental retardation or a developmental disability.	3204

(ii) The attorney or physician knows or suspects, as a result	3205
of the communication or any observations made during that	3206
communication, that the client or patient has suffered or faces a	3207
substantial risk of suffering any wound, injury, disability, or	3208
condition of a nature that reasonably indicates abuse or neglect	3209
of the client or patient.	3210

(4) Any person who fails to make a report required under	3211
division (C) of this section and who is an MR/DD employee, as	3212
defined in section 5123.50 of the Revised Code, shall be eligible	3213
to be included in the registry regarding misappropriation, abuse,	3214
neglect, or other specified misconduct by MR/DD employees	3215
established under section 5123.52 of the Revised Code.	3216

(D) The reports required under division (C) of this section	3217
shall be made forthwith by telephone or in person and shall be	3218
followed by a written report. The reports shall contain the	3219
following:	3220

(1) The names and addresses of the person with mental	3221
retardation or a developmental disability and the person's	3222
custodian, if known;	3223

(2) The age of the person with mental retardation or a	3224
developmental disability;	3225

(3) Any other information that would assist in the	3226
investigation of the report.	3227

(E) When a physician performing services as a member of the	3228
staff of a hospital or similar institution has reason to believe	3229
that a person with mental retardation or a developmental	3230
disability has suffered injury, abuse, or physical neglect, the	3231
physician shall notify the person in charge of the institution or	3232
that person's designated delegate, who shall make the necessary	3233
reports.	3234

(F) Any person having reasonable cause to believe that a	3235
person with mental retardation or a developmental disability has	3236
suffered or faces a substantial risk of suffering abuse or neglect	3237
may report or cause a report to be made of that belief to the	3238
entity specified in this division. Except as provided in section	3239
5120.173 of the Revised Code or as otherwise provided in this	3240
division, the person making the report shall make it to a law	3241
enforcement agency or the county board of developmental	3242
disabilities. If the person is a resident of a facility operated	3243
by the department of developmental disabilities, the report shall	3244
be made to a law enforcement agency or to the department. If the	3245
report concerns any act or omission of an employee of a county	3246
board of developmental disabilities, the report immediately shall	3247
be made to the department and to the county board.	3248

(G)(1) Upon the receipt of a report concerning the possible	3249
abuse or neglect of a person with mental retardation or a	3250
developmental disability, the law enforcement agency shall inform	3251
the county board of developmental disabilities or, if the person	3252
is a resident of a facility operated by the department of	3253
developmental disabilities, the director of the department or the	3254
director's designee.	3255

(2) On receipt of a report under this section that includes	3256
an allegation of action or inaction that may constitute a crime	3257
under federal law or the law of this state, the department of	3258
developmental disabilities shall notify the law enforcement	3259
agency.	3260

(3) When a county board of developmental disabilities	3261
receives a report under this section that includes an allegation	3262
of action or inaction that may constitute a crime under federal	3263
law or the law of this state, the superintendent of the board or	3264
an individual the superintendent designates under division (H) of	3265
this section shall notify the law enforcement agency. The	3266
superintendent or individual shall notify the department of	3267
developmental disabilities when it receives any report under this	3268
section.	3269

(4) When a county board of developmental disabilities	3270
receives a report under this section and believes that the degree	3271
of risk to the person is such that the report is an emergency, the	3272
superintendent of the board or an employee of the board the	3273
superintendent designates shall attempt a face-to-face contact	3274
with the person with mental retardation or a developmental	3275
disability who allegedly is the victim within one hour of the	3276
board's receipt of the report.	3277

(H) The superintendent of the board may designate an	3278
individual to be responsible for notifying the law enforcement	3279
agency and the department when the county board receives a report	3280
under this section.	3281

(I) An adult with mental retardation or a developmental	3282
disability about whom a report is made may be removed from the	3283
adult's place of residence only by law enforcement officers who	3284
consider that the adult's immediate removal is essential to	3285
protect the adult from further injury or abuse or in accordance	3286
with the order of a court made pursuant to section 5126.33 of the	3287
Revised Code.	3288

(J) A law enforcement agency shall investigate each report of	3289
abuse or neglect it receives under this section. In addition, the	3290
department, in cooperation with law enforcement officials, shall	3291
investigate each report regarding a resident of a facility	3292
operated by the department to determine the circumstances	3293
surrounding the injury, the cause of the injury, and the person	3294
responsible. The investigation shall be in accordance with the	3295
memorandum of understanding prepared under section 5126.058 of the	3296
Revised Code. The department shall determine, with the registry	3297
office which shall be maintained by the department, whether prior	3298
reports have been made concerning an adult with mental retardation	3299
or a developmental disability or other principals in the case. If	3300
the department finds that the report involves action or inaction	3301
that may constitute a crime under federal law or the law of this	3302
state, it shall submit a report of its investigation, in writing,	3303
to the law enforcement agency. If the person with mental	3304
retardation or a developmental disability is an adult, with the	3305
consent of the adult, the department shall provide such protective	3306
services as are necessary to protect the adult. The law	3307
enforcement agency shall make a written report of its findings to	3308
the department.	3309

If the person is an adult and is not a resident of a facility	3310
operated by the department, the county board of developmental	3311
disabilities shall review the report of abuse or neglect in	3312
accordance with sections 5126.30 to 5126.33 of the Revised Code	3313
and the law enforcement agency shall make the written report of	3314
its findings to the county board.	3315

(K) Any person or any hospital, institution, school, health	3316
department, or agency participating in the making of reports	3317
pursuant to this section, any person participating as a witness in	3318
an administrative or judicial proceeding resulting from the	3319
reports, or any person or governmental entity that discharges	3320
responsibilities under sections 5126.31 to 5126.33 of the Revised	3321
Code shall be immune from any civil or criminal liability that	3322
might otherwise be incurred or imposed as a result of such actions	3323
except liability for perjury, unless the person or governmental	3324
entity has acted in bad faith or with malicious purpose.	3325

(L) No employer or any person with the authority to do so	3326
shall discharge, demote, transfer, prepare a negative work	3327
performance evaluation, reduce pay or benefits, terminate work	3328
privileges, or take any other action detrimental to an employee or	3329
retaliate against an employee as a result of the employee's having	3330
made a report under this section. This division does not preclude	3331
an employer or person with authority from taking action with	3332
regard to an employee who has made a report under this section if	3333
there is another reasonable basis for the action.	3334

(M) Reports made under this section are not public records as	3335
defined in section 149.43 of the Revised Code. Information	3336
contained in the reports on request shall be made available to the	3337
person who is the subject of the report, to the person's legal	3338
counsel, and to agencies authorized to receive information in the	3339
report by the department or by a county board of developmental	3340
disabilities.	3341

(N) Notwithstanding section 4731.22 of the Revised Code, the	3342
physician-patient privilege shall not be a ground for excluding	3343
evidence regarding the injuries or physical neglect of a person	3344
with mental retardation or a developmental disability or the cause	3345
thereof in any judicial proceeding resulting from a report	3346
submitted pursuant to this section.	3347

Section 5.  That the existing version of section 5123.61 of	3348
the Revised Code that is scheduled to take effect October 1, 2012,	3349
is hereby repealed.	3350

Section 6.  Section 4 and 5 of this act take effect October	3351
1, 2012.	3352