As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 567

Representative Sears 

Cosponsors: Representatives Gonzales, Hackett, Hill, Stebelton, Thompson, Carney, Celeste, Garland, Antonio, Conditt, Heard, Letson, Milkovich, Ramos, Stinziano, Yuko 

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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, 4757.10, 4757.16,

5

4757.22, 4757.23, 4757.27, 4757.28, 4757.29,

6

4757.30, 4757.31, 4757.33, 4757.36, 4757.41,

7

5101.61, and 5123.61; to enact sections 4757.13

8

and 4757.37; and to repeal section 4757.12 of the

9

Revised Code to modify counselor, social worker,

10

and marriage and family therapist licensing law;

11

to provide certain professional rights to such

12

licensees; and to permit the Department of

13

Developmental Disabilities to conduct assessments

14

of residents of intermediate care facilities for

15

individuals with intellectual disabilities, for

16

the first quarter of calendar year 2013.

17

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

Section 1. That sections 1701.03, 1705.03, 1705.04, 1705.53,	18
1785.01, 1785.02, 1785.03, 2305.234, 2305.51, 2921.22, 3107.014,	19
3701.74, 3721.21, 4723.16, 4725.33, 4729.161, 4731.226, 4731.65,	20
4732.28, 4734.17, 4755.471, 4757.03, 4757.10, 4757.16, 4757.22,	21
4757.23, 4757.27, 4757.28, 4757.29, 4757.30, 4757.31, 4757.33,	22
4757.36, 4757.41, 5101.61, and 5123.61 be amended and sections	23
4757.13 and 4757.37 be enacted to read as follows:	24

Sec. 1701.03.  (A) A corporation may be formed under this	25
chapter for any purpose or combination of purposes for which	26
individuals lawfully may associate themselves, except that, if the	27
Revised Code contains special provisions pertaining to the	28
formation of any designated type of corporation other than a	29
professional association, as defined in section 1785.01 of the	30
Revised Code, a corporation of that type shall be formed in	31
accordance with the special provisions.	32

(B) On and after July 1, 1994, a corporation may be formed	33
under this chapter for the purpose of carrying on the practice of	34
any profession, including, but not limited to, a corporation for	35
the purpose of providing public accounting or certified public	36
accounting services, a corporation for the erection, owning, and	37
conducting of a sanitarium for receiving and caring for patients,	38
medical and hygienic treatment of patients, and instruction of	39
nurses in the treatment of disease and in hygiene, a corporation	40
for the purpose of providing architectural, landscape	41
architectural, professional engineering, or surveying services or	42
any combination of those types of services, and a corporation for	43
the purpose of providing a combination of the professional	44
services, as defined in section 1785.01 of the Revised Code, of	45
optometrists authorized under Chapter 4725. of the Revised Code,	46
chiropractors authorized under Chapter 4734. of the Revised Code	47
to practice chiropractic or acupuncture, psychologists authorized	48
under Chapter 4732. of the Revised Code, professional clinical	49
counselors, professional counselors, independent social workers,	50
social workers, independent marriage and family therapists, or	51
marriage and family therapists authorized under Chapter 4757. of	52
the Revised Code, registered or licensed practical nurses	53
authorized under Chapter 4723. of the Revised Code, pharmacists	54
authorized under Chapter 4729. of the Revised Code, physical	55
therapists authorized under sections 4755.40 to 4755.56 of the	56
Revised Code, mechanotherapists authorized under section 4731.151	57
of the Revised Code, and doctors of medicine and surgery,	58
osteopathic medicine and surgery, or podiatric medicine and	59
surgery authorized under Chapter 4731. of the Revised Code. This	60
chapter does not restrict, limit, or otherwise affect the	61
authority or responsibilities of any agency, board, commission,	62
department, office, or other entity to license, register, and	63
otherwise regulate the professional conduct of individuals or	64
organizations of any kind rendering professional services, as	65
defined in section 1785.01 of the Revised Code, in this state or	66
to regulate the practice of any profession that is within the	67
jurisdiction of the agency, board, commission, department, office,	68
or other entity, notwithstanding that an individual is a director,	69
officer, employee, or other agent of a corporation formed under	70
this chapter and is rendering professional services or engaging in	71
the practice of a profession through a corporation formed under	72
this chapter or that the organization is a corporation formed	73
under this chapter.	74

(C) Nothing in division (A) or (B) of this section precludes	75
the organization of a professional association in accordance with	76
this chapter and Chapter 1785. of the Revised Code or the	77
formation of a limited liability company under Chapter 1705. of	78
the Revised Code with respect to a business, as defined in section	79
1705.01 of the Revised Code.	80

(D) No corporation formed for the purpose of providing a	81
combination of the professional services, as defined in section	82
1785.01 of the Revised Code, of optometrists authorized under	83
Chapter 4725. of the Revised Code, chiropractors authorized under	84
Chapter 4734. of the Revised Code to practice chiropractic or	85
acupuncture, psychologists authorized under Chapter 4732. of the	86
Revised Code, professional clinical counselors, professional	87
counselors, independent social workers, social workers,	88
independent marriage and family therapists, or marriage and family	89
therapists authorized under Chapter 4757. of the Revised Code,	90
registered or licensed practical nurses authorized under Chapter	91
4723. of the Revised Code, pharmacists authorized under Chapter	92
4729. of the Revised Code, physical therapists authorized under	93
sections 4755.40 to 4755.56 of the Revised Code, mechanotherapists	94
authorized under section 4731.151 of the Revised Code, and doctors	95
of medicine and surgery, osteopathic medicine and surgery, or	96
podiatric medicine and surgery authorized under Chapter 4731. of	97
the Revised Code shall control the professional clinical judgment	98
exercised within accepted and prevailing standards of practice of	99
a licensed, certificated, or otherwise legally authorized	100
optometrist, chiropractor, chiropractor practicing acupuncture	101
through the state chiropractic board, professional clinical	102
counselor, professional counselor, independent social worker,	103
social worker, independent marriage and family therapist, marriage	104
and family therapist, psychologist, nurse, pharmacist, physical	105
therapist, mechanotherapist, or doctor of medicine and surgery,	106
osteopathic medicine and surgery, or podiatric medicine and	107
surgery in rendering care, treatment, or professional advice to an	108
individual patient.	109

This division does not prevent a hospital, as defined in	110
section 3727.01 of the Revised Code, insurer, as defined in	111
section 3999.36 of the Revised Code, or intermediary organization,	112
as defined in section 1751.01 of the Revised Code, from entering	113
into a contract with a corporation described in this division that	114
includes a provision requiring utilization review, quality	115
assurance, peer review, or other performance or quality standards.	116
Those activities shall not be construed as controlling the	117
professional clinical judgment of an individual practitioner	118
listed in this division.	119

Sec. 1705.03.  (A) A limited liability company may sue and be	120
sued.	121

(B) Unless otherwise provided in its articles of	122
organization, a limited liability company may take property of any	123
description or any interest in property of any description by	124
gift, devise, or bequest and may make donations for the public	125
welfare or for charitable, scientific, or educational purposes.	126

(C) In carrying out the purposes stated in its articles of	127
organization or operating agreement and subject to limitations	128
prescribed by law or in its articles of organization or its	129
operating agreement, a limited liability company may do all of the	130
following:	131

(1) Purchase or otherwise acquire, lease as lessee or lessor,	132
invest in, hold, use, encumber, sell, exchange, transfer, and	133
dispose of property of any description or any interest in property	134
of any description;	135

(2) Make contracts;

136

(3) Form or acquire the control of other domestic or foreign	137
limited liability companies;	138

(4) Be a shareholder, partner, member, associate, or	139
participant in other profit or nonprofit enterprises or ventures;	140

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

141

(6) Render in this state and elsewhere a professional	142
service, the kinds of professional services authorized under	143
Chapters 4703. and 4733. of the Revised Code, or a combination of	144
the professional services of optometrists authorized under Chapter	145
4725. of the Revised Code, chiropractors authorized under Chapter	146
4734. of the Revised Code to practice chiropractic or acupuncture,	147
professional clinical counselors, professional counselors,	148
independent social workers, social workers, independent marriage	149
and family therapists, or marriage and family therapists	150
authorized under Chapter 4757. of the Revised Code, psychologists	151
authorized under Chapter 4732. of the Revised Code, registered or	152
licensed practical nurses authorized under Chapter 4723. of the	153
Revised Code, pharmacists authorized under Chapter 4729. of the	154
Revised Code, physical therapists authorized under sections	155
4755.40 to 4755.56 of the Revised Code, occupational therapists	156
authorized under sections 4755.04 to 4755.13 of the Revised Code,	157
mechanotherapists authorized under section 4731.151 of the Revised	158
Code, and doctors of medicine and surgery, osteopathic medicine	159
and surgery, or podiatric medicine and surgery authorized under	160
Chapter 4731. of the Revised Code;	161

(7) Borrow money;

162

(8) Issue, sell, and pledge its notes, bonds, and other	163
evidences of indebtedness;	164

(9) Secure any of its obligations by mortgage, pledge, or	165
deed of trust of all or any of its property;	166

(10) Guarantee or secure obligations of any person;

167

(11) Do all things permitted by law and exercise all	168
authority within or incidental to the purposes stated in its	169
articles of organization.	170

(D) In addition to the authority conferred by division (C) of	171
this section and irrespective of the purposes stated in its	172
articles of organization or operating agreement but subject to any	173
limitations stated in those articles or its operating agreement, a	174
limited liability company may invest funds not currently needed in	175
its business in any securities if the investment does not cause	176
the company to acquire control of another enterprise whose	177
activities and operations are not incidental to the purposes	178
stated in the articles of organization of the company.	179

(E)(1) No lack of authority or limitation upon the authority	180
of a limited liability company shall be asserted in any action	181
except as follows:	182

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

183

(b) By or on behalf of the company in an action against a	184
manager, an officer, or any member as a member;	185

(c) By a member as a member in an action against the company,	186
a manager, an officer, or any member as a member;	187

(d) In an action involving an alleged improper issue of a	188
membership interest in the company.	189

(2) Division (E)(1) of this section applies to any action	190
commenced in this state upon any contract made in this state by a	191
foreign limited liability company.	192

Sec. 1705.04.  (A) One or more persons, without regard to	193
residence, domicile, or state of organization, may form a limited	194
liability company. The articles of organization shall be signed	195
and filed with the secretary of state and shall set forth all of	196
the following:	197

(1) The name of the company;

198

(2) Except as provided in division (B) of this section, the	199
period of its duration, which may be perpetual;	200

(3) Any other provisions that are from the operating	201
agreement or that are not inconsistent with applicable law and	202
that the members elect to set out in the articles for the	203
regulation of the affairs of the company.	204

The legal existence of the company begins upon the filing of	205
the articles of organization or on a later date specified in the	206
articles of organization that is not more than ninety days after	207
the filing.	208

(B) If the articles of organization or operating agreement do	209
not set forth the period of the duration of the limited liability	210
company, its duration shall be perpetual.	211

(C) If a limited liability company is formed under this	212
chapter for the purpose of rendering a professional service, the	213
kinds of professional services authorized under Chapters 4703. and	214
4733. of the Revised Code, or a combination of the professional	215
services of optometrists authorized under Chapter 4725. of the	216
Revised Code, chiropractors authorized under Chapter 4734. of the	217
Revised Code to practice chiropractic or acupuncture, professional	218
clinical counselors, professional counselors, independent social	219
workers, social workers, independent marriage and family	220
therapists, or marriage and family therapists authorized under	221
Chapter 4757. of the Revised Code, psychologists authorized under	222
Chapter 4732. of the Revised Code, registered or licensed	223
practical nurses authorized under Chapter 4723. of the Revised	224
Code, pharmacists authorized under Chapter 4729. of the Revised	225
Code, physical therapists authorized under sections 4755.40 to	226
4755.56 of the Revised Code, occupational therapists authorized	227
under sections 4755.04 to 4755.13 of the Revised Code,	228
mechanotherapists authorized under section 4731.151 of the Revised	229
Code, and doctors of medicine and surgery, osteopathic medicine	230
and surgery, or podiatric medicine and surgery authorized under	231
Chapter 4731. of the Revised Code, the following apply:	232

(1) Each member, employee, or other agent of the company who	233
renders a professional service in this state and, if the	234
management of the company is not reserved to its members, each	235
manager of the company who renders a professional service in this	236
state shall be licensed, certificated, or otherwise legally	237
authorized to render in this state the same kind of professional	238
service; if applicable, the kinds of professional services	239
authorized under Chapters 4703. and 4733. of the Revised Code; or,	240
if applicable, any of the kinds of professional services of	241
optometrists authorized under Chapter 4725. of the Revised Code,	242
chiropractors authorized under Chapter 4734. of the Revised Code	243
to practice chiropractic or acupuncture, professional clinical	244
counselors, professional counselors, independent social workers,	245
social workers, independent marriage and family therapists, or	246
marriage and family therapists authorized under Chapter 4757. of	247
the Revised Code, psychologists authorized under Chapter 4732. of	248
the Revised Code, registered or licensed practical nurses	249
authorized under Chapter 4723. of the Revised Code, pharmacists	250
authorized under Chapter 4729. of the Revised Code, physical	251
therapists authorized under sections 4755.40 to 4755.56 of the	252
Revised Code, occupational therapists authorized under sections	253
4755.04 to 4755.13 of the Revised Code, mechanotherapists	254
authorized under section 4731.151 of the Revised Code, or doctors	255
of medicine and surgery, osteopathic medicine and surgery, or	256
podiatric medicine and surgery authorized under Chapter 4731. of	257
the Revised Code.	258

(2) Each member, employee, or other agent of the company who	259
renders a professional service in another state and, if the	260
management of the company is not reserved to its members, each	261
manager of the company who renders a professional service in	262
another state shall be licensed, certificated, or otherwise	263
legally authorized to render that professional service in the	264
other state.	265

(D) Except for the provisions of this chapter pertaining to	266
the personal liability of members, employees, or other agents of a	267
limited liability company and, if the management of the company is	268
not reserved to its members, the personal liability of managers of	269
the company, this chapter does not restrict, limit, or otherwise	270
affect the authority or responsibilities of any agency, board,	271
commission, department, office, or other entity to license,	272
certificate, register, and otherwise regulate the professional	273
conduct of individuals or organizations of any kind rendering	274
professional services in this state or to regulate the practice of	275
any profession that is within the jurisdiction of the agency,	276
board, commission, department, office, or other entity,	277
notwithstanding that the individual is a member or manager of a	278
limited liability company and is rendering the professional	279
services or engaging in the practice of the profession through the	280
limited liability company or that the organization is a limited	281
liability company.	282

(E) No limited liability company formed for the purpose of	283
providing a combination of the professional services, as defined	284
in section 1785.01 of the Revised Code, of optometrists authorized	285
under Chapter 4725. of the Revised Code, chiropractors authorized	286
under Chapter 4734. of the Revised Code to practice chiropractic	287
or acupuncture, professional clinical counselors, professional	288
counselors, independent social workers, social workers,	289
independent marriage and family therapists, or marriage and family	290
therapists authorized under Chapter 4757. of the Revised Code,	291
psychologists authorized under Chapter 4732. of the Revised Code,	292
registered or licensed practical nurses authorized under Chapter	293
4723. of the Revised Code, pharmacists authorized under Chapter	294
4729. of the Revised Code, physical therapists authorized under	295
sections 4755.40 to 4755.56 of the Revised Code, occupational	296
therapists authorized under sections 4755.04 to 4755.13 of the	297
Revised Code, mechanotherapists authorized under section 4731.151	298
of the Revised Code, and doctors of medicine and surgery,	299
osteopathic medicine and surgery, or podiatric medicine and	300
surgery authorized under Chapter 4731. of the Revised Code shall	301
control the professional clinical judgment exercised within	302
accepted and prevailing standards of practice of a licensed,	303
certificated, or otherwise legally authorized optometrist,	304
chiropractor, chiropractor practicing acupuncture through the	305
state chiropractic board, professional clinical counselor,	306
professional counselor, independent social worker, social worker,	307
independent marriage and family therapist, marriage and family	308
therapist, psychologist, nurse, pharmacist, physical therapist,	309
occupational therapist, mechanotherapist, or doctor of medicine	310
and surgery, osteopathic medicine and surgery, or podiatric	311
medicine and surgery in rendering care, treatment, or professional	312
advice to an individual patient.	313

This division does not prevent a hospital, as defined in	314
section 3727.01 of the Revised Code, insurer, as defined in	315
section 3999.36 of the Revised Code, or intermediary organization,	316
as defined in section 1751.01 of the Revised Code, from entering	317
into a contract with a limited liability company described in this	318
division that includes a provision requiring utilization review,	319
quality assurance, peer review, or other performance or quality	320
standards. Those activities shall not be construed as controlling	321
the professional clinical judgment of an individual practitioner	322
listed in this division.	323

Sec. 1705.53.  Subject to any contrary provisions of the Ohio	324
Constitution, the laws of the state under which a foreign limited	325
liability company is organized govern its organization and	326
internal affairs and the liability of its members. A foreign	327
limited liability company may not be denied a certificate of	328
registration as a foreign limited liability company in this state	329
because of any difference between the laws of the state under	330
which it is organized and the laws of this state. However, a	331
foreign limited liability company that applies for registration	332
under this chapter to render a professional service in this state,	333
as a condition to obtaining and maintaining a certificate of	334
registration, shall comply with the requirements of division (C)	335
of section 1705.04 of the Revised Code and shall comply with the	336
requirements of Chapters 4703. and 4733. of the Revised Code if	337
the kinds of professional services authorized under those chapters	338
are to be rendered or with the requirements of Chapters 4723.,	339
4725., 4729., 4731., 4732., 4734., and 4755., and 4757. of the	340
Revised Code if a combination of the professional services of	341
optometrists authorized under Chapter 4725. of the Revised Code,	342
chiropractors authorized under Chapter 4734. of the Revised Code	343
to practice chiropractic or acupuncture, professional clinical	344
counselors, professional counselors, independent social workers,	345
social workers, independent marriage and family therapists, or	346
marriage and family therapists authorized under Chapter 4757. of	347
the Revised Code, psychologists authorized under Chapter 4732. of	348
the Revised Code, registered or licensed practical nurses	349
authorized under Chapter 4723. of the Revised Code, pharmacists	350
authorized under Chapter 4729. of the Revised Code, physical	351
therapists authorized under sections 4755.40 to 4755.56 of the	352
Revised Code, occupational therapists authorized under sections	353
4755.04 to 4755.13 of the Revised Code, mechanotherapists	354
authorized under section 4731.151 of the Revised Code, and doctors	355
of medicine and surgery, osteopathic medicine and surgery, or	356
podiatric medicine and surgery authorized under Chapter 4731. of	357
the Revised Code are to be rendered.	358

Sec. 1785.01.  As used in this chapter:

359

(A) "Professional service" means any type of professional	360
service that may be performed only pursuant to a license,	361
certificate, or other legal authorization issued pursuant to	362
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730.,	363
4731., 4732., 4733., 4734., or 4741., or 4757., sections 4755.04	364
to 4755.13, or 4755.40 to 4755.56 of the Revised Code to certified	365
public accountants, licensed public accountants, architects,	366
attorneys, dentists, nurses, optometrists, pharmacists, physician	367
assistants, doctors of medicine and surgery, doctors of	368
osteopathic medicine and surgery, doctors of podiatric medicine	369
and surgery, practitioners of the limited branches of medicine	370
specified in section 4731.15 of the Revised Code,	371
mechanotherapists, professional clinical counselors, professional	372
counselors, independent social workers, social workers,	373
independent marriage and family therapists, marriage and family	374
therapists, psychologists, professional engineers, chiropractors,	375
chiropractors practicing acupuncture through the state	376
chiropractic board, veterinarians, occupational therapists,	377
physical therapists, and occupational therapists.	378

(B) "Professional association" means an association organized	379
under this chapter for the sole purpose of rendering one of the	380
professional services authorized under Chapter 4701., 4703.,	381
4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733.,	382
4734., or 4741., or 4757., sections 4755.04 to 4755.13, or 4755.40	383
to 4755.56 of the Revised Code, a combination of the professional	384
services authorized under Chapters 4703. and 4733. of the Revised	385
Code, or a combination of the professional services of	386
optometrists authorized under Chapter 4725. of the Revised Code,	387
chiropractors authorized under Chapter 4734. of the Revised Code	388
to practice chiropractic or acupuncture, professional clinical	389
counselors, professional counselors, independent social workers,	390
social workers, independent marriage and family therapists, or	391
marriage and family therapists authorized under Chapter 4757. of	392
the Revised Code, psychologists authorized under Chapter 4732. of	393
the Revised Code, registered or licensed practical nurses	394
authorized under Chapter 4723. of the Revised Code, pharmacists	395
authorized under Chapter 4729. of the Revised Code, physical	396
therapists authorized under sections 4755.40 to 4755.56 of the	397
Revised Code, occupational therapists authorized under sections	398
4755.04 to 4755.13 of the Revised Code, mechanotherapists	399
authorized under section 4731.151 of the Revised Code, and doctors	400
of medicine and surgery, osteopathic medicine and surgery, or	401
podiatric medicine and surgery authorized under Chapter 4731. of	402
the Revised Code.	403

Sec. 1785.02.  An individual or group of individuals each of	404
whom is licensed, certificated, or otherwise legally authorized to	405
render within this state the same kind of professional service, a	406
group of individuals each of whom is licensed, certificated, or	407
otherwise legally authorized to render within this state the	408
professional service authorized under Chapter 4703. or 4733. of	409
the Revised Code, or a group of individuals each of whom is	410
licensed, certificated, or otherwise legally authorized to render	411
within this state the professional service of optometrists	412
authorized under Chapter 4725. of the Revised Code, chiropractors	413
authorized under Chapter 4734. of the Revised Code to practice	414
chiropractic or acupuncture, professional clinical counselors,	415
professional counselors, independent social workers, social	416
workers, independent marriage and family therapists, or marriage	417
and family therapists authorized under Chapter 4757. of the	418
Revised Code, psychologists authorized under Chapter 4732. of the	419
Revised Code, registered or licensed practical nurses authorized	420
under Chapter 4723. of the Revised Code, pharmacists authorized	421
under Chapter 4729. of the Revised Code, physical therapists	422
authorized under sections 4755.40 to 4755.56 of the Revised Code,	423
occupational therapists authorized under sections 4755.04 to	424
4755.13 of the Revised Code, mechanotherapists authorized under	425
section 4731.151 of the Revised Code, or doctors of medicine and	426
surgery, osteopathic medicine and surgery, or podiatric medicine	427
and surgery authorized under Chapter 4731. of the Revised Code may	428
organize and become a shareholder or shareholders of a	429
professional association. Any group of individuals described in	430
this section who may be rendering one of the professional services	431
as an organization created otherwise than pursuant to this chapter	432
may incorporate under and pursuant to this chapter by amending the	433
agreement establishing the organization in a manner that the	434
agreement as amended constitutes articles of incorporation	435
prepared and filed in the manner prescribed in section 1785.08 of	436
the Revised Code and by otherwise complying with the applicable	437
requirements of this chapter.	438

Sec. 1785.03.  A professional association may render a	439
particular professional service only through officers, employees,	440
and agents who are themselves duly licensed, certificated, or	441
otherwise legally authorized to render the professional service	442
within this state. As used in this section, "employee" does not	443
include clerks, bookkeepers, technicians, or other individuals who	444
are not usually and ordinarily considered by custom and practice	445
to be rendering a particular professional service for which a	446
license, certificate, or other legal authorization is required and	447
does not include any other person who performs all of that	448
person's employment under the direct supervision and control of an	449
officer, agent, or employee who renders a particular professional	450
service to the public on behalf of the professional association.	451

No professional association formed for the purpose of	452
providing a combination of the professional services, as defined	453
in section 1785.01 of the Revised Code, of optometrists authorized	454
under Chapter 4725. of the Revised Code, chiropractors authorized	455
under Chapter 4734. of the Revised Code to practice chiropractic	456
or acupuncture, professional clinical counselors, professional	457
counselors, independent social workers, social workers,	458
independent marriage and family therapists, or marriage and family	459
therapists authorized under Chapter 4757. of the Revised Code,	460
psychologists authorized under Chapter 4732. of the Revised Code,	461
registered or licensed practical nurses authorized under Chapter	462
4723. of the Revised Code, pharmacists authorized under Chapter	463
4729. of the Revised Code, physical therapists authorized under	464
sections 4755.40 to 4755.56 of the Revised Code, occupational	465
therapists authorized under sections 4755.04 to 4755.13 of the	466
Revised Code, mechanotherapists authorized under section 4731.151	467
of the Revised Code, and doctors of medicine and surgery,	468
osteopathic medicine and surgery, or podiatric medicine and	469
surgery authorized under Chapter 4731. of the Revised Code shall	470
control the professional clinical judgment exercised within	471
accepted and prevailing standards of practice of a licensed,	472
certificated, or otherwise legally authorized optometrist,	473
chiropractor, chiropractor practicing acupuncture through the	474
state chiropractic board, professional clinical counselor,	475
professional counselor, independent social worker, social worker,	476
independent marriage and family therapist, marriage and family	477
therapist, psychologist, nurse, pharmacist, physical therapist,	478
occupational therapist, mechanotherapist, or doctor of medicine	479
and surgery, osteopathic medicine and surgery, or podiatric	480
medicine and surgery in rendering care, treatment, or professional	481
advice to an individual patient.	482

This division does not prevent a hospital, as defined in	483
section 3727.01 of the Revised Code, insurer, as defined in	484
section 3999.36 of the Revised Code, or intermediary organization,	485
as defined in section 1751.01 of the Revised Code, from entering	486
into a contract with a professional association described in this	487
division that includes a provision requiring utilization review,	488
quality assurance, peer review, or other performance or quality	489
standards. Those activities shall not be construed as controlling	490
the professional clinical judgment of an individual practitioner	491
listed in this division.	492

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

493

(1) "Chiropractic claim," "medical claim," and "optometric	494
claim" have the same meanings as in section 2305.113 of the	495
Revised Code.	496

(2) "Dental claim" has the same meaning as in section	497
2305.113 of the Revised Code, except that it does not include any	498
claim arising out of a dental operation or any derivative claim	499
for relief that arises out of a dental operation.	500

(3) "Governmental health care program" has the same meaning	501
as in section 4731.65 of the Revised Code.	502

(4) "Health care facility or location" means a hospital,	503
clinic, ambulatory surgical facility, office of a health care	504
professional or associated group of health care professionals,	505
training institution for health care professionals, or any other	506
place where medical, dental, or other health-related diagnosis,	507
care, or treatment is provided to a person.	508

(5) "Health care professional" means any of the following who	509
provide medical, dental, or other health-related diagnosis, care,	510
or treatment:	511

(a) Physicians authorized under Chapter 4731. of the Revised	512
Code to practice medicine and surgery or osteopathic medicine and	513
surgery;	514

(b) Registered nurses and licensed practical nurses licensed	515
under Chapter 4723. of the Revised Code and individuals who hold a	516
certificate of authority issued under that chapter that authorizes	517
the practice of nursing as a certified registered nurse	518
anesthetist, clinical nurse specialist, certified nurse-midwife,	519
or certified nurse practitioner;	520

(c) Physician assistants authorized to practice under Chapter	521
4730. of the Revised Code;	522

(d) Dentists and dental hygienists licensed under Chapter	523
4715. of the Revised Code;	524

(e) Physical therapists, physical therapist assistants,	525
occupational therapists, and occupational therapy assistants	526
licensed under Chapter 4755. of the Revised Code;	527

(f) Chiropractors licensed under Chapter 4734. of the Revised	528
Code;	529

(g) Optometrists licensed under Chapter 4725. of the Revised	530
Code;	531

(h) Podiatrists authorized under Chapter 4731. of the Revised	532
Code to practice podiatry;	533

(i) Dietitians licensed under Chapter 4759. of the Revised	534
Code;	535

(j) Pharmacists licensed under Chapter 4729. of the Revised	536
Code;	537

(k) Emergency medical technicians-basic, emergency medical	538
technicians-intermediate, and emergency medical	539
technicians-paramedic, certified under Chapter 4765. of the	540
Revised Code;	541

(l) Respiratory care professionals licensed under Chapter	542
4761. of the Revised Code;	543

(m) Speech-language pathologists and audiologists licensed	544
under Chapter 4753. of the Revised Code;	545

(n) Professional clinical counselors, professional	546
counselors, independent social workers, social workers,	547
independent marriage and family therapists, or marriage and family	548
therapists authorized for their respective practices under Chapter	549
4757. of the Revised Code;	550

(o) Psychologists licensed under Chapter 4732. of the Revised	551
Code;	552

(p) Individuals licensed or certified under Chapter 4758. of	553
the Revised Code who are acting within the scope of their license	554
or certificate as members of the profession of chemical dependency	555
counseling or alcohol and other drug prevention services.	556

(6) "Health care worker" means a person other than a health	557
care professional who provides medical, dental, or other	558
health-related care or treatment under the direction of a health	559
care professional with the authority to direct that individual's	560
activities, including medical technicians, medical assistants,	561
dental assistants, orderlies, aides, and individuals acting in	562
similar capacities.	563

(7) "Indigent and uninsured person" means a person who meets	564
all of the following requirements:	565

(a) The person's income is not greater than two hundred per	566
cent of the current poverty line as defined by the United States	567
office of management and budget and revised in accordance with	568
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	569
95 Stat. 511, 42 U.S.C. 9902, as amended.	570

(b) The person is not eligible to receive medical assistance	571
under Chapter 5111. of the Revised Code or assistance under any	572
other governmental health care program.	573

(c) Either of the following applies:

574

(i) The person is not a policyholder, certificate holder,	575
insured, contract holder, subscriber, enrollee, member,	576
beneficiary, or other covered individual under a health insurance	577
or health care policy, contract, or plan.	578

(ii) The person is a policyholder, certificate holder,	579
insured, contract holder, subscriber, enrollee, member,	580
beneficiary, or other covered individual under a health insurance	581
or health care policy, contract, or plan, but the insurer, policy,	582
contract, or plan denies coverage or is the subject of insolvency	583
or bankruptcy proceedings in any jurisdiction.	584

(8) "Nonprofit health care referral organization" means an	585
entity that is not operated for profit and refers patients to, or	586
arranges for the provision of, health-related diagnosis, care, or	587
treatment by a health care professional or health care worker.	588

(9) "Operation" means any procedure that involves cutting or	589
otherwise infiltrating human tissue by mechanical means, including	590
surgery, laser surgery, ionizing radiation, therapeutic	591
ultrasound, or the removal of intraocular foreign bodies.	592
"Operation" does not include the administration of medication by	593
injection, unless the injection is administered in conjunction	594
with a procedure infiltrating human tissue by mechanical means	595
other than the administration of medicine by injection.	596
"Operation" does not include routine dental restorative	597
procedures, the scaling of teeth, or extractions of teeth that are	598
not impacted.	599

(10) "Tort action" means a civil action for damages for	600
injury, death, or loss to person or property other than a civil	601
action for damages for a breach of contract or another agreement	602
between persons or government entities.	603

(11) "Volunteer" means an individual who provides any	604
medical, dental, or other health-care related diagnosis, care, or	605
treatment without the expectation of receiving and without receipt	606
of any compensation or other form of remuneration from an indigent	607
and uninsured person, another person on behalf of an indigent and	608
uninsured person, any health care facility or location, any	609
nonprofit health care referral organization, or any other person	610
or government entity.	611

(12) "Community control sanction" has the same meaning as in	612
section 2929.01 of the Revised Code.	613

(13) "Deep sedation" means a drug-induced depression of	614
consciousness during which a patient cannot be easily aroused but	615
responds purposefully following repeated or painful stimulation, a	616
patient's ability to independently maintain ventilatory function	617
may be impaired, a patient may require assistance in maintaining a	618
patent airway and spontaneous ventilation may be inadequate, and	619
cardiovascular function is usually maintained.	620

(14) "General anesthesia" means a drug-induced loss of	621
consciousness during which a patient is not arousable, even by	622
painful stimulation, the ability to independently maintain	623
ventilatory function is often impaired, a patient often requires	624
assistance in maintaining a patent airway, positive pressure	625
ventilation may be required because of depressed spontaneous	626
ventilation or drug-induced depression of neuromuscular function,	627
and cardiovascular function may be impaired.	628

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	629
health care professional who is a volunteer and complies with	630
division (B)(2) of this section is not liable in damages to any	631
person or government entity in a tort or other civil action,	632
including an action on a medical, dental, chiropractic,	633
optometric, or other health-related claim, for injury, death, or	634
loss to person or property that allegedly arises from an action or	635
omission of the volunteer in the provision to an indigent and	636
uninsured person of medical, dental, or other health-related	637
diagnosis, care, or treatment, including the provision of samples	638
of medicine and other medical products, unless the action or	639
omission constitutes willful or wanton misconduct.	640

(2) To qualify for the immunity described in division (B)(1)	641
of this section, a health care professional shall do all of the	642
following prior to providing diagnosis, care, or treatment:	643

(a) Determine, in good faith, that the indigent and uninsured	644
person is mentally capable of giving informed consent to the	645
provision of the diagnosis, care, or treatment and is not subject	646
to duress or under undue influence;	647

(b) Inform the person of the provisions of this section,	648
including notifying the person that, by giving informed consent to	649
the provision of the diagnosis, care, or treatment, the person	650
cannot hold the health care professional liable for damages in a	651
tort or other civil action, including an action on a medical,	652
dental, chiropractic, optometric, or other health-related claim,	653
unless the action or omission of the health care professional	654
constitutes willful or wanton misconduct;	655

(c) Obtain the informed consent of the person and a written	656
waiver, signed by the person or by another individual on behalf of	657
and in the presence of the person, that states that the person is	658
mentally competent to give informed consent and, without being	659
subject to duress or under undue influence, gives informed consent	660
to the provision of the diagnosis, care, or treatment subject to	661
the provisions of this section. A written waiver under division	662
(B)(2)(c) of this section shall state clearly and in conspicuous	663
type that the person or other individual who signs the waiver is	664
signing it with full knowledge that, by giving informed consent to	665
the provision of the diagnosis, care, or treatment, the person	666
cannot bring a tort or other civil action, including an action on	667
a medical, dental, chiropractic, optometric, or other	668
health-related claim, against the health care professional unless	669
the action or omission of the health care professional constitutes	670
willful or wanton misconduct.	671

(3) A physician or podiatrist who is not covered by medical	672
malpractice insurance, but complies with division (B)(2) of this	673
section, is not required to comply with division (A) of section	674
4731.143 of the Revised Code.	675

(C) Subject to divisions (F) and (G)(3) of this section,	676
health care workers who are volunteers are not liable in damages	677
to any person or government entity in a tort or other civil	678
action, including an action upon a medical, dental, chiropractic,	679
optometric, or other health-related claim, for injury, death, or	680
loss to person or property that allegedly arises from an action or	681
omission of the health care worker in the provision to an indigent	682
and uninsured person of medical, dental, or other health-related	683
diagnosis, care, or treatment, unless the action or omission	684
constitutes willful or wanton misconduct.	685

(D) Subject to divisions (F) and (G)(3) of this section, a	686
nonprofit health care referral organization is not liable in	687
damages to any person or government entity in a tort or other	688
civil action, including an action on a medical, dental,	689
chiropractic, optometric, or other health-related claim, for	690
injury, death, or loss to person or property that allegedly arises	691
from an action or omission of the nonprofit health care referral	692
organization in referring indigent and uninsured persons to, or	693
arranging for the provision of, medical, dental, or other	694
health-related diagnosis, care, or treatment by a health care	695
professional described in division (B)(1) of this section or a	696
health care worker described in division (C) of this section,	697
unless the action or omission constitutes willful or wanton	698
misconduct.	699

(E) Subject to divisions (F) and (G)(3) of this section and	700
to the extent that the registration requirements of section	701
3701.071 of the Revised Code apply, a health care facility or	702
location associated with a health care professional described in	703
division (B)(1) of this section, a health care worker described in	704
division (C) of this section, or a nonprofit health care referral	705
organization described in division (D) of this section is not	706
liable in damages to any person or government entity in a tort or	707
other civil action, including an action on a medical, dental,	708
chiropractic, optometric, or other health-related claim, for	709
injury, death, or loss to person or property that allegedly arises	710
from an action or omission of the health care professional or	711
worker or nonprofit health care referral organization relative to	712
the medical, dental, or other health-related diagnosis, care, or	713
treatment provided to an indigent and uninsured person on behalf	714
of or at the health care facility or location, unless the action	715
or omission constitutes willful or wanton misconduct.	716

(F)(1) Except as provided in division (F)(2) of this section,	717
the immunities provided by divisions (B), (C), (D), and (E) of	718
this section are not available to a health care professional,	719
health care worker, nonprofit health care referral organization,	720
or health care facility or location if, at the time of an alleged	721
injury, death, or loss to person or property, the health care	722
professionals or health care workers involved are providing one of	723
the following:	724

(a) Any medical, dental, or other health-related diagnosis,	725
care, or treatment pursuant to a community service work order	726
entered by a court under division (B) of section 2951.02 of the	727
Revised Code or imposed by a court as a community control	728
sanction;	729

(b) Performance of an operation to which any one of the	730
following applies:	731

(i) The operation requires the administration of deep	732
sedation or general anesthesia.	733

(ii) The operation is a procedure that is not typically	734
performed in an office.	735

(iii) The individual involved is a health care professional,	736
and the operation is beyond the scope of practice or the	737
education, training, and competence, as applicable, of the health	738
care professional.	739

(c) Delivery of a baby or any other purposeful termination of	740
a human pregnancy.	741

(2) Division (F)(1) of this section does not apply when a	742
health care professional or health care worker provides medical,	743
dental, or other health-related diagnosis, care, or treatment that	744
is necessary to preserve the life of a person in a medical	745
emergency.	746

(G)(1) This section does not create a new cause of action or	747
substantive legal right against a health care professional, health	748
care worker, nonprofit health care referral organization, or	749
health care facility or location.	750

(2) This section does not affect any immunities from civil	751
liability or defenses established by another section of the	752
Revised Code or available at common law to which a health care	753
professional, health care worker, nonprofit health care referral	754
organization, or health care facility or location may be entitled	755
in connection with the provision of emergency or other medical,	756
dental, or other health-related diagnosis, care, or treatment.	757

(3) This section does not grant an immunity from tort or	758
other civil liability to a health care professional, health care	759
worker, nonprofit health care referral organization, or health	760
care facility or location for actions that are outside the scope	761
of authority of health care professionals or health care workers.	762

(4) This section does not affect any legal responsibility of	763
a health care professional, health care worker, or nonprofit	764
health care referral organization to comply with any applicable	765
law of this state or rule of an agency of this state.	766

(5) This section does not affect any legal responsibility of	767
a health care facility or location to comply with any applicable	768
law of this state, rule of an agency of this state, or local code,	769
ordinance, or regulation that pertains to or regulates building,	770
housing, air pollution, water pollution, sanitation, health, fire,	771
zoning, or safety.	772

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

773

(a) "Civil Rights" has the same meaning as in section	774
5122.301 of the Revised Code.	775

(b) "Mental health client or patient" means an individual who	776
is receiving mental health services from a mental health	777
professional or organization.	778

(c) "Mental health organization" means an organization that	779
engages one or more mental health professionals to provide mental	780
health services to one or more mental health clients or patients.	781

(d) "Mental health professional" means an individual who is	782
licensed, certified, or registered under the Revised Code, or	783
otherwise authorized in this state, to provide mental health	784
services for compensation, remuneration, or other personal gain.	785

(e) "Mental health service" means a service provided to an	786
individual or group of individuals involving the application of	787
medical, psychiatric, psychological, professional counseling,	788
social work, marriage and family therapy, or nursing principles	789
or procedures to either of the following:	790

(i) The assessment, diagnosis, prevention, treatment, or	791
amelioration of mental, emotional, psychiatric, psychological, or	792
psychosocial disorders or diseases, as described in the most	793
recent edition of the diagnostic and statistical manual of mental	794
disorders published by the American psychiatric association;	795

(ii) The assessment or improvement of mental, emotional,	796
psychiatric, psychological, or psychosocial adjustment or	797
functioning, regardless of whether there is a diagnosable,	798
pre-existing disorder or disease.	799

(f) "Knowledgeable person" means an individual who has reason	800
to believe that a mental health client or patient has the intent	801
and ability to carry out an explicit threat of inflicting imminent	802
and serious physical harm to or causing the death of a clearly	803
identifiable potential victim or victims and who is either an	804
immediate family member of the client or patient or an individual	805
who otherwise personally knows the client or patient.	806

(2) For the purpose of this section, in the case of a threat	807
to a readily identifiable structure, "clearly identifiable	808
potential victim" includes any potential occupant of the	809
structure.	810

(B) A mental health professional or mental health	811
organization may be held liable in damages in a civil action, or	812
may be made subject to disciplinary action by an entity with	813
licensing or other regulatory authority over the professional or	814
organization, for serious physical harm or death resulting from	815
failing to predict, warn of, or take precautions to provide	816
protection from the violent behavior of a mental health client or	817
patient, only if the client or patient or a knowledgeable person	818
has communicated to the professional or organization an explicit	819
threat of inflicting imminent and serious physical harm to or	820
causing the death of one or more clearly identifiable potential	821
victims, the professional or organization has reason to believe	822
that the client or patient has the intent and ability to carry out	823
the threat, and the professional or organization fails to take one	824
or more of the following actions in a timely manner:	825

(1) Exercise any authority the professional or organization	826
possesses to hospitalize the client or patient on an emergency	827
basis pursuant to section 5122.10 of the Revised Code;	828

(2) Exercise any authority the professional or organization	829
possesses to have the client or patient involuntarily or	830
voluntarily hospitalized under Chapter 5122. of the Revised Code;	831

(3) Establish and undertake a documented treatment plan that	832
is reasonably calculated, according to appropriate standards of	833
professional practice, to eliminate the possibility that the	834
client or patient will carry out the threat, and, concurrent with	835
establishing and undertaking the treatment plan, initiate	836
arrangements for a second opinion risk assessment through a	837
management consultation about the treatment plan with, in the case	838
of a mental health organization, the clinical director of the	839
organization, or, in the case of a mental health professional who	840
is not acting as part of a mental health organization, any mental	841
health professional who is licensed to engage in independent	842
practice;	843

(4) Communicate to a law enforcement agency with jurisdiction	844
in the area where each potential victim resides, where a structure	845
threatened by a mental health client or patient is located, or	846
where the mental health client or patient resides, and if	847
feasible, communicate to each potential victim or a potential	848
victim's parent or guardian if the potential victim is a minor or	849
has been adjudicated incompetent, all of the following	850
information:	851

(a) The nature of the threat;

852

(b) The identity of the mental health client or patient	853
making the threat;	854

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

855

(C) All of the following apply when a mental health	856
professional or organization takes one or more of the actions set	857
forth in divisions (B)(1) to (4) of this section:	858

(1) The mental health professional or organization shall	859
consider each of the alternatives set forth and shall document the	860
reasons for choosing or rejecting each alternative.	861

(2) The mental health professional or organization may give	862
special consideration to those alternatives which, consistent with	863
public safety, would least abridge the rights of the mental health	864
client or patient established under the Revised Code, including	865
the rights specified in sections 5122.27 to 5122.31 of the Revised	866
Code.	867

(3) The mental health professional or organization is not	868
required to take an action that, in the exercise of reasonable	869
professional judgment, would physically endanger the professional	870
or organization, increase the danger to a potential victim, or	871
increase the danger to the mental health client or patient.	872

(4) The mental health professional or organization is not	873
liable in damages in a civil action, and shall not be made subject	874
to disciplinary action by any entity with licensing or other	875
regulatory authority over the professional or organization, for	876
disclosing any confidential information about a mental health	877
client or patient that is disclosed for the purpose of taking any	878
of the actions.	879

(D) The immunities from civil liability and disciplinary	880
action conferred by this section are in addition to and not in	881
limitation of any immunity conferred on a mental health	882
professional or organization by any other section of the Revised	883
Code or by judicial precedent.	884

(E) This section does not affect the civil rights of a mental	885
health client or patient under Ohio or Federal Law.	886

Sec. 2921.22.  (A)(1) Except as provided in division (A)(2)	887
of this section, no person, knowing that a felony has been or is	888
being committed, shall knowingly fail to report such information	889
to law enforcement authorities.	890

(2) No person, knowing that a violation of division (B) of	891
section 2913.04 of the Revised Code has been, or is being	892
committed or that the person has received information derived from	893
such a violation, shall knowingly fail to report the violation to	894
law enforcement authorities.	895

(B) Except for conditions that are within the scope of	896
division (E) of this section, no physician, limited practitioner,	897
nurse, or other person giving aid to a sick or injured person	898
shall negligently fail to report to law enforcement authorities	899
any gunshot or stab wound treated or observed by the physician,	900
limited practitioner, nurse, or person, or any serious physical	901
harm to persons that the physician, limited practitioner, nurse,	902
or person knows or has reasonable cause to believe resulted from	903
an offense of violence.	904

(C) No person who discovers the body or acquires the first	905
knowledge of the death of a person shall fail to report the death	906
immediately to a physician whom the person knows to be treating	907
the deceased for a condition from which death at such time would	908
not be unexpected, or to a law enforcement officer, an ambulance	909
service, an emergency squad, or the coroner in a political	910
subdivision in which the body is discovered, the death is believed	911
to have occurred, or knowledge concerning the death is obtained.	912

(D) No person shall fail to provide upon request of the	913
person to whom a report required by division (C) of this section	914
was made, or to any law enforcement officer who has reasonable	915
cause to assert the authority to investigate the circumstances	916
surrounding the death, any facts within the person's knowledge	917
that may have a bearing on the investigation of the death.	918

(E)(1) As used in this division, "burn injury" means any of	919
the following:	920

(a) Second or third degree burns;

921

(b) Any burns to the upper respiratory tract or laryngeal	922
edema due to the inhalation of superheated air;	923

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

924

(d) Any physical harm to persons caused by or as the result	925
of the use of fireworks, novelties and trick noisemakers, and wire	926
sparklers, as each is defined by section 3743.01 of the Revised	927
Code.	928

(2) No physician, nurse, or limited practitioner who, outside	929
a hospital, sanitarium, or other medical facility, attends or	930
treats a person who has sustained a burn injury that is inflicted	931
by an explosion or other incendiary device or that shows evidence	932
of having been inflicted in a violent, malicious, or criminal	933
manner shall fail to report the burn injury immediately to the	934
local arson, or fire and explosion investigation, bureau, if there	935
is a bureau of this type in the jurisdiction in which the person	936
is attended or treated, or otherwise to local law enforcement	937
authorities.	938

(3) No manager, superintendent, or other person in charge of	939
a hospital, sanitarium, or other medical facility in which a	940
person is attended or treated for any burn injury that is	941
inflicted by an explosion or other incendiary device or that shows	942
evidence of having been inflicted in a violent, malicious, or	943
criminal manner shall fail to report the burn injury immediately	944
to the local arson, or fire and explosion investigation, bureau,	945
if there is a bureau of this type in the jurisdiction in which the	946
person is attended or treated, or otherwise to local law	947
enforcement authorities.	948

(4) No person who is required to report any burn injury under	949
division (E)(2) or (3) of this section shall fail to file, within	950
three working days after attending or treating the victim, a	951
written report of the burn injury with the office of the state	952
fire marshal. The report shall comply with the uniform standard	953
developed by the state fire marshal pursuant to division (A)(15)	954
of section 3737.22 of the Revised Code.	955

(5) Anyone participating in the making of reports under	956
division (E) of this section or anyone participating in a judicial	957
proceeding resulting from the reports is immune from any civil or	958
criminal liability that otherwise might be incurred or imposed as	959
a result of such actions. Notwithstanding section 4731.22 of the	960
Revised Code, the physician-patient relationship is not a ground	961
for excluding evidence regarding a person's burn injury or the	962
cause of the burn injury in any judicial proceeding resulting from	963
a report submitted under division (E) of this section.	964

(F)(1) Any doctor of medicine or osteopathic medicine,	965
hospital intern or resident, registered or licensed practical	966
nurse, psychologist, social worker, independent social worker,	967
social work assistant, professional clinical counselor, or	968
professional counselor, marriage and family therapist, or	969
independent marriage and family therapist who knows or has	970
reasonable cause to believe that a patient or client has been the	971
victim of domestic violence, as defined in section 3113.31 of the	972
Revised Code, shall note that knowledge or belief and the basis	973
for it in the patient's or client's records.	974

(2) Notwithstanding section 4731.22 of the Revised Code, the	975
doctor-patient privilege shall not be a ground for excluding any	976
information regarding the report containing the knowledge or	977
belief noted under division (F)(1) of this section, and the	978
information may be admitted as evidence in accordance with the	979
Rules of Evidence.	980

(G) Divisions (A) and (D) of this section do not require	981
disclosure of information, when any of the following applies:	982

(1) The information is privileged by reason of the	983
relationship between attorney and client; doctor and patient;	984
licensed psychologist or licensed school psychologist and client;	985
professional clinical counselor, professional counselor,	986
independent social worker, social worker, independent marriage and	987
family therapist, or marriage and family therapist and client;	988
member of the clergy, rabbi, minister, or priest and any person	989
communicating information confidentially to the member of the	990
clergy, rabbi, minister, or priest for a religious counseling	991
purpose of a professional character; husband and wife; or a	992
communications assistant and those who are a party to a	993
telecommunications relay service call.	994

(2) The information would tend to incriminate a member of the	995
actor's immediate family.	996

(3) Disclosure of the information would amount to revealing a	997
news source, privileged under section 2739.04 or 2739.12 of the	998
Revised Code.	999

(4) Disclosure of the information would amount to disclosure	1000
by a member of the ordained clergy of an organized religious body	1001
of a confidential communication made to that member of the clergy	1002
in that member's capacity as a member of the clergy by a person	1003
seeking the aid or counsel of that member of the clergy.	1004

(5) Disclosure would amount to revealing information acquired	1005
by the actor in the course of the actor's duties in connection	1006
with a bona fide program of treatment or services for drug	1007
dependent persons or persons in danger of drug dependence, which	1008
program is maintained or conducted by a hospital, clinic, person,	1009
agency, or organization certified pursuant to section 3793.06 of	1010
the Revised Code.	1011

(6) Disclosure would amount to revealing information acquired	1012
by the actor in the course of the actor's duties in connection	1013
with a bona fide program for providing counseling services to	1014
victims of crimes that are violations of section 2907.02 or	1015
2907.05 of the Revised Code or to victims of felonious sexual	1016
penetration in violation of former section 2907.12 of the Revised	1017
Code. As used in this division, "counseling services" include	1018
services provided in an informal setting by a person who, by	1019
education or experience, is competent to provide those services.	1020

(H) No disclosure of information pursuant to this section	1021
gives rise to any liability or recrimination for a breach of	1022
privilege or confidence.	1023

(I) Whoever violates division (A) or (B) of this section is	1024
guilty of failure to report a crime. Violation of division (A)(1)	1025
of this section is a misdemeanor of the fourth degree. Violation	1026
of division (A)(2) or (B) of this section is a misdemeanor of the	1027
second degree.	1028

(J) Whoever violates division (C) or (D) of this section is	1029
guilty of failure to report knowledge of a death, a misdemeanor of	1030
the fourth degree.	1031

(K)(1) Whoever negligently violates division (E) of this	1032
section is guilty of a minor misdemeanor.	1033

(2) Whoever knowingly violates division (E) of this section	1034
is guilty of a misdemeanor of the second degree.	1035

Sec. 3107.014.  (A) Except as provided in division (B) of	1036
this section, only an individual who meets all of the following	1037
requirements may perform the duties of an assessor under sections	1038
3107.031, 3107.032, 3107.082, 3107.09, 3107.101, 3107.12,	1039
5103.0324, and 5103.152 of the Revised Code:	1040

(1) The individual must be in the employ of, appointed by, or	1041
under contract with a court, public children services agency,	1042
private child placing agency, or private noncustodial agency;	1043

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

1044

(a) A professional counselor, social worker, or marriage and	1045
family therapist licensed under Chapter 4757. of the Revised Code;	1046

(b) A psychologist licensed under Chapter 4732. of the	1047
Revised Code;	1048

(c) A student working to earn a four-year, post-secondary	1049
degree, or higher, in a social or behavior science, or both, who	1050
conducts assessor's duties under the supervision of a professional	1051
counselor, social worker, or marriage and family therapist	1052
licensed under Chapter 4757. of the Revised Code or a psychologist	1053
licensed under Chapter 4732. of the Revised Code. Beginning July	1054
1, 2009, a student is eligible under this division only if the	1055
supervising professional counselor, social worker, marriage and	1056
family therapist, or psychologist has completed training in	1057
accordance with rules adopted under section 3107.015 of the	1058
Revised Code.	1059

(d) A civil service employee engaging in social work without	1060
a license under Chapter 4757. of the Revised Code, as permitted by	1061
division (A)(5) of section 4757.41 of the Revised Code;	1062

(e) A former employee of a public children services agency	1063
who, while so employed, conducted the duties of an assessor;	1064

(f) An employee of a court or public children services agency	1065
who is employed to conduct the duties of an assessor.	1066

(3) The individual must complete training in accordance with	1067
rules adopted under section 3107.015 of the Revised Code.	1068

(B) An individual in the employ of, appointed by, or under	1069
contract with a court prior to September 18, 1996, to conduct	1070
adoption investigations of prospective adoptive parents may	1071
perform the duties of an assessor under sections 3107.031,	1072
3107.032, 3107.082, 3107.09, 3107.101, 3107.12, 5103.0324, and	1073
5103.152 of the Revised Code if the individual complies with	1074
division (A)(3) of this section regardless of whether the	1075
individual meets the requirement of division (A)(2) of this	1076
section.	1077

(C) A court, public children services agency, private child	1078
placing agency, or private noncustodial agency may employ,	1079
appoint, or contract with an assessor in the county in which a	1080
petition for adoption is filed and in any other county or location	1081
outside this state where information needed to complete or	1082
supplement the assessor's duties may be obtained. More than one	1083
assessor may be utilized for an adoption.	1084

(D) Not later than January 1, 2008, the department of job and	1085
family services shall develop and maintain an assessor registry.	1086
The registry shall list all individuals who are employed,	1087
appointed by, or under contract with a court, public children	1088
services agency, private child placing agency, or private	1089
noncustodial agency and meet the requirements of an assessor as	1090
described in this section. A public children services agency,	1091
private child placing agency, private noncustodial agency, court,	1092
or any other person may contact the department to determine if an	1093
individual is listed in the assessor registry. An individual	1094
listed in the assessor registry shall immediately inform the	1095
department when that individual is no longer employed, appointed	1096
by, or under contract with a court, public children services	1097
agency, private child placing agency, or private noncustodial	1098
agency to perform the duties of an assessor as described in this	1099
section. The director of job and family services shall adopt rules	1100
in accordance with Chapter 119. of the Revised Code necessary for	1101
the implementation, contents, and maintenance of the registry, and	1102
any sanctions related to the provision of information, or the	1103
failure to provide information, that is needed for the proper	1104
operation of the assessor registry.	1105

Sec. 3701.74.  (A) As used in this section and section	1106
3701.741 of the Revised Code:	1107

(1) "Ambulatory care facility" means a facility that provides	1108
medical, diagnostic, or surgical treatment to patients who do not	1109
require hospitalization, including a dialysis center, ambulatory	1110
surgical facility, cardiac catheterization facility, diagnostic	1111
imaging center, extracorporeal shock wave lithotripsy center, home	1112
health agency, inpatient hospice, birthing center, radiation	1113
therapy center, emergency facility, and an urgent care center.	1114
"Ambulatory care facility" does not include the private office of	1115
a physician or dentist, whether the office is for an individual or	1116
group practice.	1117

(2) "Chiropractor" means an individual licensed under Chapter	1118
4734. of the Revised Code to practice chiropractic.	1119

(3) "Emergency facility" means a hospital emergency	1120
department or any other facility that provides emergency medical	1121
services.	1122

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

1123

(a) A dentist or dental hygienist licensed under Chapter	1124
4715. of the Revised Code;	1125

(b) A registered or licensed practical nurse licensed under	1126
Chapter 4723. of the Revised Code;	1127

(c) An optometrist licensed under Chapter 4725. of the	1128
Revised Code;	1129

(d) A dispensing optician, spectacle dispensing optician,	1130
contact lens dispensing optician, or spectacle-contact lens	1131
dispensing optician licensed under Chapter 4725. of the Revised	1132
Code;	1133

(e) A pharmacist licensed under Chapter 4729. of the Revised	1134
Code;	1135

(f) A physician;

1136

(g) A physician assistant authorized under Chapter 4730. of	1137
the Revised Code to practice as a physician assistant;	1138

(h) A practitioner of a limited branch of medicine issued a	1139
certificate under Chapter 4731. of the Revised Code;	1140

(i) A psychologist licensed under Chapter 4732. of the	1141
Revised Code;	1142

(j) A chiropractor;

1143

(k) A hearing aid dealer or fitter licensed under Chapter	1144
4747. of the Revised Code;	1145

(l) A speech-language pathologist or audiologist licensed	1146
under Chapter 4753. of the Revised Code;	1147

(m) An occupational therapist or occupational therapy	1148
assistant licensed under Chapter 4755. of the Revised Code;	1149

(n) A physical therapist or physical therapy assistant	1150
licensed under Chapter 4755. of the Revised Code;	1151

(o) A professional clinical counselor, professional	1152
counselor, social worker, or independent social worker,	1153
independent marriage and family therapist, or marriage and family	1154
therapist licensed, or a social work assistant registered, under	1155
Chapter 4757. of the Revised Code;	1156

(p) A dietitian licensed under Chapter 4759. of the Revised	1157
Code;	1158

(q) A respiratory care professional licensed under Chapter	1159
4761. of the Revised Code;	1160

(r) An emergency medical technician-basic, emergency medical	1161
technician-intermediate, or emergency medical technician-paramedic	1162
certified under Chapter 4765. of the Revised Code.	1163

(5) "Health care provider" means a hospital, ambulatory care	1164
facility, long-term care facility, pharmacy, emergency facility,	1165
or health care practitioner.	1166

(6) "Hospital" has the same meaning as in section 3727.01 of	1167
the Revised Code.	1168

(7) "Long-term care facility" means a nursing home,	1169
residential care facility, or home for the aging, as those terms	1170
are defined in section 3721.01 of the Revised Code; a residential	1171
facility licensed under section 5119.22 of the Revised Code that	1172
provides accommodations, supervision, and personal care services	1173
for three to sixteen unrelated adults; a nursing facility or	1174
intermediate care facility for the mentally retarded, as those	1175
terms are defined in section 5111.20 of the Revised Code; a	1176
facility or portion of a facility certified as a skilled nursing	1177
facility under Title XVIII of the "Social Security Act," 49 Stat.	1178
286 (1965), 42 U.S.C.A. 1395, as amended.	1179

(8) "Medical record" means data in any form that pertains to	1180
a patient's medical history, diagnosis, prognosis, or medical	1181
condition and that is generated and maintained by a health care	1182
provider in the process of the patient's health care treatment.	1183

(9) "Medical records company" means a person who stores,	1184
locates, or copies medical records for a health care provider, or	1185
is compensated for doing so by a health care provider, and charges	1186
a fee for providing medical records to a patient or patient's	1187
representative.	1188

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

1189

(a) An individual who received health care treatment from a	1190
health care provider;	1191

(b) A guardian, as defined in section 1337.11 of the Revised	1192
Code, of an individual described in division (A)(10)(a) of this	1193
section.	1194

(11) "Patient's personal representative" means a minor	1195
patient's parent or other person acting in loco parentis, a	1196
court-appointed guardian, or a person with durable power of	1197
attorney for health care for a patient, the executor or	1198
administrator of the patient's estate, or the person responsible	1199
for the patient's estate if it is not to be probated. "Patient's	1200
personal representative" does not include an insurer authorized	1201
under Title XXXIX of the Revised Code to do the business of	1202
sickness and accident insurance in this state, a health insuring	1203
corporation holding a certificate of authority under Chapter 1751.	1204
of the Revised Code, or any other person not named in this	1205
division.	1206

(12) "Pharmacy" has the same meaning as in section 4729.01 of	1207
the Revised Code.	1208

(13) "Physician" means a person authorized under Chapter	1209
4731. of the Revised Code to practice medicine and surgery,	1210
osteopathic medicine and surgery, or podiatric medicine and	1211
surgery.	1212

(14) "Authorized person" means a person to whom a patient has	1213
given written authorization to act on the patient's behalf	1214
regarding the patient's medical record.	1215

(B) A patient, a patient's personal representative or an	1216
authorized person who wishes to examine or obtain a copy of part	1217
or all of a medical record shall submit to the health care	1218
provider a written request signed by the patient, personal	1219
representative, or authorized person dated not more than one year	1220
before the date on which it is submitted. The request shall	1221
indicate whether the copy is to be sent to the requestor,	1222
physician or chiropractor, or held for the requestor at the office	1223
of the health care provider. Within a reasonable time after	1224
receiving a request that meets the requirements of this division	1225
and includes sufficient information to identify the record	1226
requested, a health care provider that has the patient's medical	1227
records shall permit the patient to examine the record during	1228
regular business hours without charge or, on request, shall	1229
provide a copy of the record in accordance with section 3701.741	1230
of the Revised Code, except that if a physician, psychologist,	1231
professional clinical counselor, professional counselor,	1232
independent social worker, social worker, independent marriage and	1233
family therapist, marriage and family therapist, or chiropractor	1234
who has treated the patient determines for clearly stated	1235
treatment reasons that disclosure of the requested record is	1236
likely to have an adverse effect on the patient, the health care	1237
provider shall provide the record to a physician, psychologist,	1238
professional clinical counselor, professional counselor,	1239
independent social worker, social worker, independent marriage and	1240
family therapist, marriage and family therapist, or chiropractor	1241
designated by the patient. The health care provider shall take	1242
reasonable steps to establish the identity of the person making	1243
the request to examine or obtain a copy of the patient's record.	1244

(C) If a health care provider fails to furnish a medical	1245
record as required by division (B) of this section, the patient,	1246
personal representative, or authorized person who requested the	1247
record may bring a civil action to enforce the patient's right of	1248
access to the record.	1249

(D)(1) This section does not apply to medical records whose	1250
release is covered by section 173.20 or 3721.13 of the Revised	1251
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	1252
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	1253
Records," or by 42 C.F.R. 483.10.	1254

(2) Nothing in this section is intended to supersede the	1255
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	1256
and 2305.252 of the Revised Code.	1257

Sec. 3721.21.  As used in sections 3721.21 to 3721.34 of the	1258
Revised Code:	1259

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

1260

(1) A nursing home as defined in section 3721.01 of the	1261
Revised Code;	1262

(2) A facility or part of a facility that is certified as a	1263
skilled nursing facility or a nursing facility under Title XVIII	1264
or XIX of the "Social Security Act."	1265

(B) "Residential care facility" has the same meaning as in	1266
section 3721.01 of the Revised Code.	1267

(C) "Abuse" means knowingly causing physical harm or	1268
recklessly causing serious physical harm to a resident by physical	1269
contact with the resident or by use of physical or chemical	1270
restraint, medication, or isolation as punishment, for staff	1271
convenience, excessively, as a substitute for treatment, or in	1272
amounts that preclude habilitation and treatment.	1273

(D) "Neglect" means recklessly failing to provide a resident	1274
with any treatment, care, goods, or service necessary to maintain	1275
the health or safety of the resident when the failure results in	1276
serious physical harm to the resident. "Neglect" does not include	1277
allowing a resident, at the resident's option, to receive only	1278
treatment by spiritual means through prayer in accordance with the	1279
tenets of a recognized religious denomination.	1280

(E) "Misappropriation" means depriving, defrauding, or	1281
otherwise obtaining the real or personal property of a resident by	1282
any means prohibited by the Revised Code, including violations of	1283
Chapter 2911. or 2913. of the Revised Code.	1284

(F) "Resident" includes a resident, patient, former resident	1285
or patient, or deceased resident or patient of a long-term care	1286
facility or a residential care facility.	1287

(G) "Physical restraint" has the same meaning as in section	1288
3721.10 of the Revised Code.	1289

(H) "Chemical restraint" has the same meaning as in section	1290
3721.10 of the Revised Code.	1291

(I) "Nursing and nursing-related services" means the personal	1292
care services and other services not constituting skilled nursing	1293
care that are specified in rules the director of health shall	1294
adopt in accordance with Chapter 119. of the Revised Code.	1295

(J) "Personal care services" has the same meaning as in	1296
section 3721.01 of the Revised Code.	1297

(K)(1) Except as provided in division (K)(2) of this section,	1298
"nurse aide" means an individual who provides nursing and	1299
nursing-related services to residents in a long-term care	1300
facility, either as a member of the staff of the facility for	1301
monetary compensation or as a volunteer without monetary	1302
compensation.	1303

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

1304

(a) A licensed health professional practicing within the	1305
scope of the professional's license;	1306

(b) An individual providing nursing and nursing-related	1307
services in a religious nonmedical health care institution, if the	1308
individual has been trained in the principles of nonmedical care	1309
and is recognized by the institution as being competent in the	1310
administration of care within the religious tenets practiced by	1311
the residents of the institution.	1312

(L) "Licensed health professional" means all of the	1313
following:	1314

(1) An occupational therapist or occupational therapy	1315
assistant licensed under Chapter 4755. of the Revised Code;	1316

(2) A physical therapist or physical therapy assistant	1317
licensed under Chapter 4755. of the Revised Code;	1318

(3) A physician authorized under Chapter 4731. of the Revised	1319
Code to practice medicine and surgery, osteopathic medicine and	1320
surgery, or podiatry;	1321

(4) A physician assistant authorized under Chapter 4730. of	1322
the Revised Code to practice as a physician assistant;	1323

(5) A registered nurse or licensed practical nurse licensed	1324
under Chapter 4723. of the Revised Code;	1325

(6) A social worker or independent social worker licensed	1326
under Chapter 4757. of the Revised Code or a social work assistant	1327
registered under that chapter;	1328

(7) A speech-language pathologist or audiologist licensed	1329
under Chapter 4753. of the Revised Code;	1330

(8) A dentist or dental hygienist licensed under Chapter	1331
4715. of the Revised Code;	1332

(9) An optometrist licensed under Chapter 4725. of the	1333
Revised Code;	1334

(10) A pharmacist licensed under Chapter 4729. of the Revised	1335
Code;	1336

(11) A psychologist licensed under Chapter 4732. of the	1337
Revised Code;	1338

(12) A chiropractor licensed under Chapter 4734. of the	1339
Revised Code;	1340

(13) A nursing home administrator licensed or temporarily	1341
licensed under Chapter 4751. of the Revised Code;	1342

(14) A professional counselor or professional clinical	1343
counselor licensed under Chapter 4757. of the Revised Code;	1344

(15) A marriage and family therapist or independent marriage	1345
and family therapist licensed under Chapter 4757. of the Revised	1346
Code.	1347

(M) "Religious nonmedical health care institution" means an	1348
institution that meets or exceeds the conditions to receive	1349
payment under the medicare program established under Title XVIII	1350
of the "Social Security Act" for inpatient hospital services or	1351
post-hospital extended care services furnished to an individual in	1352
a religious nonmedical health care institution, as defined in	1353
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286	1354
(1965), 42 U.S.C. 1395x(ss)(1), as amended.	1355

(N) "Competency evaluation program" means a program through	1356
which the competency of a nurse aide to provide nursing and	1357
nursing-related services is evaluated.	1358

(O) "Training and competency evaluation program" means a	1359
program of nurse aide training and evaluation of competency to	1360
provide nursing and nursing-related services.	1361

Sec. 4723.16.  (A) An individual whom the board of nursing	1362
licenses, certificates, or otherwise legally authorizes to engage	1363
in the practice of nursing as a registered nurse or as a licensed	1364
practical nurse may render the professional services of a	1365
registered or licensed practical nurse within this state through a	1366
corporation formed under division (B) of section 1701.03 of the	1367
Revised Code, a limited liability company formed under Chapter	1368
1705. of the Revised Code, a partnership, or a professional	1369
association formed under Chapter 1785. of the Revised Code. This	1370
division does not preclude an individual of that nature from	1371
rendering professional services as a registered or licensed	1372
practical nurse through another form of business entity,	1373
including, but not limited to, a nonprofit corporation or	1374
foundation, or in another manner that is authorized by or in	1375
accordance with this chapter, another chapter of the Revised Code,	1376
or rules of the board of nursing adopted pursuant to this chapter.	1377

(B) A corporation, limited liability company, partnership, or	1378
professional association described in division (A) of this section	1379
may be formed for the purpose of providing a combination of the	1380
professional services of the following individuals who are	1381
licensed, certificated, or otherwise legally authorized to	1382
practice their respective professions:	1383

(1) Optometrists who are authorized to practice optometry	1384
under Chapter 4725. of the Revised Code;	1385

(2) Chiropractors who are authorized to practice chiropractic	1386
or acupuncture under Chapter 4734. of the Revised Code;	1387

(3) Psychologists who are authorized to practice psychology	1388
under Chapter 4732. of the Revised Code;	1389

(4) Registered or licensed practical nurses who are	1390
authorized to practice nursing as registered nurses or as licensed	1391
practical nurses under this chapter;	1392

(5) Pharmacists who are authorized to practice pharmacy under	1393
Chapter 4729. of the Revised Code;	1394

(6) Physical therapists who are authorized to practice	1395
physical therapy under sections 4755.40 to 4755.56 of the Revised	1396
Code;	1397

(7) Occupational therapists who are licensed to practice	1398
occupational therapy under sections 4755.04 to 4755.13 of the	1399
Revised Code;	1400

(8) Mechanotherapists who are authorized to practice	1401
mechanotherapy under section 4731.151 of the Revised Code;	1402

(9) Doctors of medicine and surgery, osteopathic medicine and	1403
surgery, or podiatric medicine and surgery who are licensed,	1404
certificated, or otherwise legally authorized for their respective	1405
practices under Chapter 4731. of the Revised Code;	1406

(10) Professional clinical counselors, professional	1407
counselors, independent social workers, social workers,	1408
independent marriage and family therapists, or marriage and family	1409
therapists who are authorized for their respective practices under	1410
Chapter 4757. of the Revised Code.	1411

This division shall apply notwithstanding a provision of a	1412
code of ethics applicable to a nurse that prohibits a registered	1413
or licensed practical nurse from engaging in the practice of	1414
nursing as a registered nurse or as a licensed practical nurse in	1415
combination with a person who is licensed, certificated, or	1416
otherwise legally authorized to practice optometry, chiropractic,	1417
acupuncture through the state chiropractic board, psychology,	1418
pharmacy, physical therapy, occupational therapy, mechanotherapy,	1419
medicine and surgery, osteopathic medicine and surgery, or	1420
podiatric medicine and surgery, but who is not also licensed,	1421
certificated, or otherwise legally authorized to engage in the	1422
practice of nursing as a registered nurse or as a licensed	1423
practical nurse.	1424

Sec. 4725.33.  (A) An individual whom the state board of	1425
optometry licenses to engage in the practice of optometry may	1426
render the professional services of an optometrist within this	1427
state through a corporation formed under division (B) of section	1428
1701.03 of the Revised Code, a limited liability company formed	1429
under Chapter 1705. of the Revised Code, a partnership, or a	1430
professional association formed under Chapter 1785. of the Revised	1431
Code. This division does not preclude an optometrist from	1432
rendering professional services as an optometrist through another	1433
form of business entity, including, but not limited to, a	1434
nonprofit corporation or foundation, or in another manner that is	1435
authorized by or in accordance with this chapter, another chapter	1436
of the Revised Code, or rules of the state board of optometry	1437
adopted pursuant to this chapter.	1438

(B) A corporation, limited liability company, partnership, or	1439
professional association described in division (A) of this section	1440
may be formed for the purpose of providing a combination of the	1441
professional services of the following individuals who are	1442
licensed, certificated, or otherwise legally authorized to	1443
practice their respective professions:	1444

(1) Optometrists who are authorized to practice optometry	1445
under Chapter 4725. of the Revised Code;	1446

(2) Chiropractors who are authorized to practice chiropractic	1447
or acupuncture under Chapter 4734. of the Revised Code;	1448

(3) Psychologists who are authorized to practice psychology	1449
under Chapter 4732. of the Revised Code;	1450

(4) Registered or licensed practical nurses who are	1451
authorized to practice nursing as registered nurses or as licensed	1452
practical nurses under Chapter 4723. of the Revised Code;	1453

(5) Pharmacists who are authorized to practice pharmacy under	1454
Chapter 4729. of the Revised Code;	1455

(6) Physical therapists who are authorized to practice	1456
physical therapy under sections 4755.40 to 4755.56 of the Revised	1457
Code;	1458

(7) Mechanotherapists who are authorized to practice	1459
mechanotherapy under section 4731.151 of the Revised Code;	1460

(8) Doctors of medicine and surgery, osteopathic medicine and	1461
surgery, or podiatric medicine and surgery who are authorized for	1462
their respective practices under Chapter 4731. of the Revised	1463
Code;	1464

(9) Professional clinical counselors, professional	1465
counselors, independent social workers, social workers,	1466
independent marriage and family therapists, or marriage and family	1467
therapists who are authorized for their respective practices under	1468
Chapter 4757. of the Revised Code.	1469

This division shall apply notwithstanding a provision of a	1470
code of ethics applicable to an optometrist that prohibits an	1471
optometrist from engaging in the practice of optometry in	1472
combination with a person who is licensed, certificated, or	1473
otherwise legally authorized to practice chiropractic, acupuncture	1474
through the state chiropractic board, psychology, nursing,	1475
pharmacy, physical therapy, mechanotherapy, medicine and surgery,	1476
osteopathic medicine and surgery, or podiatric medicine and	1477
surgery, but who is not also licensed, certificated, or otherwise	1478
legally authorized to engage in the practice of optometry.	1479

Sec. 4729.161.  (A) An individual registered with the state	1480
board of pharmacy to engage in the practice of pharmacy may render	1481
the professional services of a pharmacist within this state	1482
through a corporation formed under division (B) of section 1701.03	1483
of the Revised Code, a limited liability company formed under	1484
Chapter 1705. of the Revised Code, a partnership, or a	1485
professional association formed under Chapter 1785. of the Revised	1486
Code. This division does not preclude an individual of that nature	1487
from rendering professional services as a pharmacist through	1488
another form of business entity, including, but not limited to, a	1489
nonprofit corporation or foundation, or in another manner that is	1490
authorized by or in accordance with this chapter, another chapter	1491
of the Revised Code, or rules of the state board of pharmacy	1492
adopted pursuant to this chapter.	1493

(B) A corporation, limited liability company, partnership, or	1494
professional association described in division (A) of this section	1495
may be formed for the purpose of providing a combination of the	1496
professional services of the following individuals who are	1497
licensed, certificated, or otherwise legally authorized to	1498
practice their respective professions:	1499

(1) Optometrists who are authorized to practice optometry	1500
under Chapter 4725. of the Revised Code;	1501

(2) Chiropractors who are authorized to practice chiropractic	1502
or acupuncture under Chapter 4734. of the Revised Code;	1503

(3) Psychologists who are authorized to practice psychology	1504
under Chapter 4732. of the Revised Code;	1505

(4) Registered or licensed practical nurses who are	1506
authorized to practice nursing as registered nurses or as licensed	1507
practical nurses under Chapter 4723. of the Revised Code;	1508

(5) Pharmacists who are authorized to practice pharmacy under	1509
Chapter 4729. of the Revised Code;	1510

(6) Physical therapists who are authorized to practice	1511
physical therapy under sections 4755.40 to 4755.56 of the Revised	1512
Code;	1513

(7) Occupational therapists who are authorized to practice	1514
occupational therapy under sections 4755.04 to 4755.13 of the	1515
Revised Code;	1516

(8) Mechanotherapists who are authorized to practice	1517
mechanotherapy under section 4731.151 of the Revised Code;	1518

(9) Doctors of medicine and surgery, osteopathic medicine and	1519
surgery, or podiatric medicine and surgery who are authorized for	1520
their respective practices under Chapter 4731. of the Revised	1521
Code;	1522

(10) Professional clinical counselors, professional	1523
counselors, independent social workers, social workers,	1524
independent marriage and family therapists, or marriage and family	1525
therapists who are authorized for their respective practices under	1526
Chapter 4757. of the Revised Code.	1527

This division shall apply notwithstanding a provision of a	1528
code of ethics applicable to a pharmacist that prohibits a	1529
pharmacist from engaging in the practice of pharmacy in	1530
combination with a person who is licensed, certificated, or	1531
otherwise legally authorized to practice optometry, chiropractic,	1532
acupuncture through the state chiropractic board, psychology,	1533
nursing, physical therapy, occupational therapy, mechanotherapy,	1534
medicine and surgery, osteopathic medicine and surgery, or	1535
podiatric medicine and surgery, but who is not also licensed,	1536
certificated, or otherwise legally authorized to engage in the	1537
practice of pharmacy.	1538

Sec. 4731.226.  (A)(1) An individual whom the state medical	1539
board licenses, certificates, or otherwise legally authorizes to	1540
engage in the practice of medicine and surgery, osteopathic	1541
medicine and surgery, or podiatric medicine and surgery may render	1542
the professional services of a doctor of medicine and surgery,	1543
osteopathic medicine and surgery, or podiatric medicine and	1544
surgery within this state through a corporation formed under	1545
division (B) of section 1701.03 of the Revised Code, a limited	1546
liability company formed under Chapter 1705. of the Revised Code,	1547
a partnership, or a professional association formed under Chapter	1548
1785. of the Revised Code. Division (A)(1) of this section does	1549
not preclude an individual of that nature from rendering	1550
professional services as a doctor of medicine and surgery,	1551
osteopathic medicine and surgery, or podiatric medicine and	1552
surgery through another form of business entity, including, but	1553
not limited to, a nonprofit corporation or foundation, or in	1554
another manner that is authorized by or in accordance with this	1555
chapter, another chapter of the Revised Code, or rules of the	1556
state medical board adopted pursuant to this chapter.	1557

(2) An individual whom the state medical board authorizes to	1558
engage in the practice of mechanotherapy may render the	1559
professional services of a mechanotherapist within this state	1560
through a corporation formed under division (B) of section 1701.03	1561
of the Revised Code, a limited liability company formed under	1562
Chapter 1705. of the Revised Code, a partnership, or a	1563
professional association formed under Chapter 1785. of the Revised	1564
Code. Division (A)(2) of this section does not preclude an	1565
individual of that nature from rendering professional services as	1566
a mechanotherapist through another form of business entity,	1567
including, but not limited to, a nonprofit corporation or	1568
foundation, or in another manner that is authorized by or in	1569
accordance with this chapter, another chapter of the Revised Code,	1570
or rules of the state medical board adopted pursuant to this	1571
chapter.	1572

(B) A corporation, limited liability company, partnership, or	1573
professional association described in division (A) of this section	1574
may be formed for the purpose of providing a combination of the	1575
professional services of the following individuals who are	1576
licensed, certificated, or otherwise legally authorized to	1577
practice their respective professions:	1578

(1) Optometrists who are authorized to practice optometry	1579
under Chapter 4725. of the Revised Code;	1580

(2) Chiropractors who are authorized to practice chiropractic	1581
or acupuncture under Chapter 4734. of the Revised Code;	1582

(3) Professional clinical counselors, professional	1583
counselors, independent social workers, social workers,	1584
independent marriage and family therapists, or marriage and family	1585
therapists who are authorized for their respective practices under	1586
Chapter 4757. of the Revised Code;	1587

(4) Psychologists who are authorized to practice psychology	1588
under Chapter 4732. of the Revised Code;	1589

(4)(5) Registered or licensed practical nurses who are	1590
authorized to practice nursing as registered nurses or as licensed	1591
practical nurses under Chapter 4723. of the Revised Code;	1592

(5)(6) Pharmacists who are authorized to practice pharmacy	1593
under Chapter 4729. of the Revised Code;	1594

(6)(7) Physical therapists who are authorized to practice	1595
physical therapy under sections 4755.40 to 4755.56 of the Revised	1596
Code;	1597

(7)(8) Occupational therapists who are authorized to practice	1598
occupational therapy under sections 4755.04 to 4755.13 of the	1599
Revised Code;	1600

(8)(9) Mechanotherapists who are authorized to practice	1601
mechanotherapy under section 4731.151 of the Revised Code;	1602

(9)(10) Doctors of medicine and surgery, osteopathic medicine	1603
and surgery, or podiatric medicine and surgery who are authorized	1604
for their respective practices under this chapter.	1605

(C) Division (B) of this section shall apply notwithstanding	1606
a provision of a code of ethics described in division (B)(18) of	1607
section 4731.22 of the Revised Code that prohibits either of the	1608
following:	1609

(1) A doctor of medicine and surgery, osteopathic medicine	1610
and surgery, or podiatric medicine and surgery from engaging in	1611
the doctor's authorized practice in combination with a person who	1612
is licensed, certificated, or otherwise legally authorized to	1613
engage in the practice of optometry, chiropractic, acupuncture	1614
through the state chiropractic board, professional counseling,	1615
social work, marriage and family therapy, psychology, nursing,	1616
pharmacy, physical therapy, occupational therapy, or	1617
mechanotherapy, but who is not also licensed, certificated, or	1618
otherwise legally authorized to practice medicine and surgery,	1619
osteopathic medicine and surgery, or podiatric medicine and	1620
surgery.	1621

(2) A mechanotherapist from engaging in the practice of	1622
mechanotherapy in combination with a person who is licensed,	1623
certificated, or otherwise legally authorized to engage in the	1624
practice of optometry, chiropractic, acupuncture through the state	1625
chiropractic board, professional counseling, social work, marriage	1626
and family therapy, psychology, nursing, pharmacy, physical	1627
therapy, occupational therapy, medicine and surgery, osteopathic	1628
medicine and surgery, or podiatric medicine and surgery, but who	1629
is not also licensed, certificated, or otherwise legally	1630
authorized to engage in the practice of mechanotherapy.	1631

Sec. 4731.65.  As used in sections 4731.65 to 4731.71 of the	1632
Revised Code:	1633

(A)(1) "Clinical laboratory services" means either of the	1634
following:	1635

(a) Any examination of materials derived from the human body	1636
for the purpose of providing information for the diagnosis,	1637
prevention, or treatment of any disease or impairment or for the	1638
assessment of health;	1639

(b) Procedures to determine, measure, or otherwise describe	1640
the presence or absence of various substances or organisms in the	1641
body.	1642

(2) "Clinical laboratory services" does not include the mere	1643
collection or preparation of specimens.	1644

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

1645

(1) Clinical laboratory services;

1646

(2) Home health care services;

1647

(3) Outpatient prescription drugs.

1648

(C) "Fair market value" means the value in arms-length	1649
transactions, consistent with general market value and:	1650

(1) With respect to rentals or leases, the value of rental	1651
property for general commercial purposes, not taking into account	1652
its intended use;	1653

(2) With respect to a lease of space, not adjusted to reflect	1654
the additional value the prospective lessee or lessor would	1655
attribute to the proximity or convenience to the lessor if the	1656
lessor is a potential source of referrals to the lessee.	1657

(D) "Governmental health care program" means any program	1658
providing health care benefits that is administered by the federal	1659
government, this state, or a political subdivision of this state,	1660
including the medicare program established under Title XVIII of	1661
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	1662
as amended, health care coverage for public employees, health care	1663
benefits administered by the bureau of workers' compensation, and	1664
the medicaid program established under Chapter 5111. of the	1665
Revised Code.	1666

(E)(1) "Group practice" means a group of two or more holders	1667
of certificates under this chapter legally organized as a	1668
partnership, professional corporation or association, limited	1669
liability company, foundation, nonprofit corporation, faculty	1670
practice plan, or similar group practice entity, including an	1671
organization comprised of a nonprofit medical clinic that	1672
contracts with a professional corporation or association of	1673
physicians to provide medical services exclusively to patients of	1674
the clinic in order to comply with section 1701.03 of the Revised	1675
Code and including a corporation, limited liability company,	1676
partnership, or professional association described in division (B)	1677
of section 4731.226 of the Revised Code formed for the purpose of	1678
providing a combination of the professional services of	1679
optometrists who are licensed, certificated, or otherwise legally	1680
authorized to practice optometry under Chapter 4725. of the	1681
Revised Code, chiropractors who are licensed, certificated, or	1682
otherwise legally authorized to practice chiropractic or	1683
acupuncture under Chapter 4734. of the Revised Code, professional	1684
clinical counselors, professional counselors, independent social	1685
workers, social workers, independent marriage and family	1686
therapists, or marriage and family therapists licensed under	1687
Chapter 4757. of the Revised Code, psychologists who are licensed,	1688
certificated, or otherwise legally authorized to practice	1689
psychology under Chapter 4732. of the Revised Code, registered or	1690
licensed practical nurses who are licensed, certificated, or	1691
otherwise legally authorized to practice nursing under Chapter	1692
4723. of the Revised Code, pharmacists who are licensed,	1693
certificated, or otherwise legally authorized to practice pharmacy	1694
under Chapter 4729. of the Revised Code, physical therapists who	1695
are licensed, certificated, or otherwise legally authorized to	1696
practice physical therapy under sections 4755.40 to 4755.56 of the	1697
Revised Code, occupational therapists who are licensed,	1698
certificated, or otherwise legally authorized to practice	1699
occupational therapy under sections 4755.04 to 4755.13 of the	1700
Revised Code, mechanotherapists who are licensed, certificated, or	1701
otherwise legally authorized to practice mechanotherapy under	1702
section 4731.151 of the Revised Code, and doctors of medicine and	1703
surgery, osteopathic medicine and surgery, or podiatric medicine	1704
and surgery who are licensed, certificated, or otherwise legally	1705
authorized for their respective practices under this chapter, to	1706
which all of the following apply:	1707

(a) Each physician who is a member of the group practice	1708
provides substantially the full range of services that the	1709
physician routinely provides, including medical care,	1710
consultation, diagnosis, or treatment, through the joint use of	1711
shared office space, facilities, equipment, and personnel.	1712

(b) Substantially all of the services of the members of the	1713
group are provided through the group and are billed in the name of	1714
the group and amounts so received are treated as receipts of the	1715
group.	1716

(c) The overhead expenses of and the income from the practice	1717
are distributed in accordance with methods previously determined	1718
by members of the group.	1719

(d) The group practice meets any other requirements that the	1720
state medical board applies in rules adopted under section 4731.70	1721
of the Revised Code.	1722

(2) In the case of a faculty practice plan associated with a	1723
hospital with a medical residency training program in which	1724
physician members may provide a variety of specialty services and	1725
provide professional services both within and outside the group,	1726
as well as perform other tasks such as research, the criteria in	1727
division (E)(1) of this section apply only with respect to	1728
services rendered within the faculty practice plan.	1729

(F) "Home health care services" and "immediate family" have	1730
the same meanings as in the rules adopted under section 4731.70 of	1731
the Revised Code.	1732

(G) "Hospital" has the same meaning as in section 3727.01 of	1733
the Revised Code.	1734

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

1735

(1) A request by a holder of a certificate under this chapter	1736
for an item or service, including a request for a consultation	1737
with another physician and any test or procedure ordered by or to	1738
be performed by or under the supervision of the other physician;	1739

(2) A request for or establishment of a plan of care by a	1740
certificate holder that includes the provision of designated	1741
health services.	1742

(I) "Third-party payer" has the same meaning as in section	1743
3901.38 of the Revised Code.	1744

Sec. 4732.28.  (A) An individual whom the state board of	1745
psychology licenses, certificates, or otherwise legally authorizes	1746
to engage in the practice of psychology may render the	1747
professional services of a psychologist within this state through	1748
a corporation formed under division (B) of section 1701.03 of the	1749
Revised Code, a limited liability company formed under Chapter	1750
1705. of the Revised Code, a partnership, or a professional	1751
association formed under Chapter 1785. of the Revised Code. This	1752
division does not preclude an individual of that nature from	1753
rendering professional services as a psychologist through another	1754
form of business entity, including, but not limited to, a	1755
nonprofit corporation or foundation, or in another manner that is	1756
authorized by or in accordance with this chapter, another chapter	1757
of the Revised Code, or rules of the state board of psychology	1758
adopted pursuant to this chapter.	1759

(B) A corporation, limited liability company, partnership, or	1760
professional association described in division (A) of this section	1761
may be formed for the purpose of providing a combination of the	1762
professional services of the following individuals who are	1763
licensed, certificated, or otherwise legally authorized to	1764
practice their respective professions:	1765

(1) Optometrists who are authorized to practice optometry	1766
under Chapter 4725. of the Revised Code;	1767

(2) Chiropractors who are authorized to practice chiropractic	1768
or acupuncture under Chapter 4734. of the Revised Code;	1769

(3) Psychologists who are authorized to practice psychology	1770
under this chapter;	1771

(4) Registered or licensed practical nurses who are	1772
authorized to practice nursing as registered nurses or as licensed	1773
practical nurses under Chapter 4723. of the Revised Code;	1774

(5) Pharmacists who are authorized to practice pharmacy under	1775
Chapter 4729. of the Revised Code;	1776

(6) Physical therapists who are authorized to practice	1777
physical therapy under sections 4755.40 to 4755.56 of the Revised	1778
Code;	1779

(7) Occupational therapists who are authorized to practice	1780
occupational therapy under sections 4755.04 to 4755.13 of the	1781
Revised Code;	1782

(8) Mechanotherapists who are authorized to practice	1783
mechanotherapy under section 4731.151 of the Revised Code;	1784

(9) Doctors of medicine and surgery, osteopathic medicine and	1785
surgery, or podiatric medicine and surgery who are authorized for	1786
their respective practices under Chapter 4731. of the Revised	1787
Code;	1788

(10) Professional clinical counselors, professional	1789
counselors, independent social workers, social workers,	1790
independent marriage and family therapists, or marriage and family	1791
therapists who are authorized for their respective practices under	1792
Chapter 4757. of the Revised Code.	1793

This division shall apply notwithstanding a provision of a	1794
code of ethics applicable to a psychologist that prohibits a	1795
psychologist from engaging in the practice of psychology in	1796
combination with a person who is licensed, certificated, or	1797
otherwise legally authorized to practice optometry, chiropractic,	1798
acupuncture through the state chiropractic board, nursing,	1799
pharmacy, physical therapy, occupational therapy, mechanotherapy,	1800
medicine and surgery, osteopathic medicine and surgery, or	1801
podiatric medicine and surgery, but who is not also licensed,	1802
certificated, or otherwise legally authorized to engage in the	1803
practice of psychology.	1804

Sec. 4734.17.  (A) An individual whom the state chiropractic	1805
board licenses to engage in the practice of chiropractic or	1806
certifies to practice acupuncture may render the professional	1807
services of a chiropractor or chiropractor certified to practice	1808
acupuncture within this state through a corporation formed under	1809
division (B) of section 1701.03 of the Revised Code, a limited	1810
liability company formed under Chapter 1705. of the Revised Code,	1811
a partnership, or a professional association formed under Chapter	1812
1785. of the Revised Code. This division does not preclude a	1813
chiropractor from rendering professional services as a	1814
chiropractor or chiropractor certified to practice acupuncture	1815
through another form of business entity, including, but not	1816
limited to, a nonprofit corporation or foundation, or in another	1817
manner that is authorized by or in accordance with this chapter,	1818
another chapter of the Revised Code, or rules of the state	1819
chiropractic board adopted pursuant to this chapter.	1820

(B) A corporation, limited liability company, partnership, or	1821
professional association described in division (A) of this section	1822
may be formed for the purpose of providing a combination of the	1823
professional services of the following individuals who are	1824
licensed, certificated, or otherwise legally authorized to	1825
practice their respective professions:	1826

(1) Optometrists who are authorized to practice optometry,	1827
under Chapter 4725. of the Revised Code;	1828

(2) Chiropractors who are authorized to practice chiropractic	1829
or acupuncture under this chapter;	1830

(3) Psychologists who are authorized to practice psychology	1831
under Chapter 4732. of the Revised Code;	1832

(4) Registered or licensed practical nurses who are	1833
authorized to practice nursing as registered nurses or as licensed	1834
practical nurses under Chapter 4723. of the Revised Code;	1835

(5) Pharmacists who are authorized to practice pharmacy under	1836
Chapter 4729. of the Revised Code;	1837

(6) Physical therapists who are authorized to practice	1838
physical therapy under sections 4755.40 to 4755.56 of the Revised	1839
Code;	1840

(7) Occupational therapists who are authorized to practice	1841
occupational therapy under sections 4755.04 to 4755.13 of the	1842
Revised Code;	1843

(8) Mechanotherapists who are authorized to practice	1844
mechanotherapy under section 4731.151 of the Revised Code;	1845

(9) Doctors of medicine and surgery, osteopathic medicine and	1846
surgery, or podiatric medicine and surgery who are authorized for	1847
their respective practices under Chapter 4731. of the Revised	1848
Code;	1849

(10) Professional clinical counselors, professional	1850
counselors, independent social workers, social workers,	1851
independent marriage and family therapists, or marriage and family	1852
therapists who are authorized for their respective practices under	1853
Chapter 4757. of the Revised Code.	1854

This division shall apply notwithstanding a provision of any	1855
code of ethics established or adopted under section 4734.16 of the	1856
Revised Code that prohibits an individual from engaging in the	1857
practice of chiropractic or acupuncture in combination with an	1858
individual who is licensed, certificated, or otherwise authorized	1859
for the practice of optometry, psychology, nursing, pharmacy,	1860
physical therapy, occupational therapy, mechanotherapy, medicine	1861
and surgery, osteopathic medicine and surgery, or podiatric	1862
medicine and surgery, but who is not also licensed under this	1863
chapter to engage in the practice of chiropractic.	1864

Sec. 4755.471.  (A) An individual whom the physical therapy	1865
section of the Ohio occupational therapy, physical therapy, and	1866
athletic trainers board licenses, certificates, or otherwise	1867
legally authorizes to engage in the practice of physical therapy	1868
may render the professional services of a physical therapist	1869
within this state through a corporation formed under division (B)	1870
of section 1701.03 of the Revised Code, a limited liability	1871
company formed under Chapter 1705. of the Revised Code, a	1872
partnership, or a professional association formed under Chapter	1873
1785. of the Revised Code. This division does not preclude an	1874
individual of that nature from rendering professional services as	1875
a physical therapist through another form of business entity,	1876
including, but not limited to, a nonprofit corporation or	1877
foundation, or in another manner that is authorized by or in	1878
accordance with sections 4755.40 to 4755.53 of the Revised Code,	1879
another chapter of the Revised Code, or rules of the Ohio	1880
occupational therapy, physical therapy, and athletic trainers	1881
board adopted pursuant to sections 4755.40 to 4755.53 of the	1882
Revised Code.	1883

(B) A corporation, limited liability company, partnership, or	1884
professional association described in division (A) of this section	1885
may be formed for the purpose of providing a combination of the	1886
professional services of the following individuals who are	1887
licensed, certificated, or otherwise legally authorized to	1888
practice their respective professions:	1889

(1) Optometrists who are authorized to practice optometry	1890
under Chapter 4725. of the Revised Code;	1891

(2) Chiropractors who are authorized to practice chiropractic	1892
or acupuncture under Chapter 4734. of the Revised Code;	1893

(3) Psychologists who are authorized to practice psychology	1894
under Chapter 4732. of the Revised Code;	1895

(4) Registered or licensed practical nurses who are	1896
authorized to practice nursing as registered nurses or as licensed	1897
practical nurses under Chapter 4723. of the Revised Code;	1898

(5) Pharmacists who are authorized to practice pharmacy under	1899
Chapter 4729. of the Revised Code;	1900

(6) Physical therapists who are authorized to practice	1901
physical therapy under sections 4755.40 to 4755.56 of the Revised	1902
Code;	1903

(7) Mechanotherapists who are authorized to practice	1904
mechanotherapy under section 4731.151 of the Revised Code;	1905

(8) Doctors of medicine and surgery, osteopathic medicine and	1906
surgery, or podiatric medicine and surgery who are authorized for	1907
their respective practices under Chapter 4731. of the Revised	1908
Code;	1909

(9) Professional clinical counselors, professional	1910
counselors, independent social workers, social workers,	1911
independent marriage and family therapists, or marriage and family	1912
therapists who are authorized for their respective practices under	1913
Chapter 4757. of the Revised Code.	1914

This division shall apply notwithstanding a provision of a	1915
code of ethics applicable to a physical therapist that prohibits a	1916
physical therapist from engaging in the practice of physical	1917
therapy in combination with a person who is licensed,	1918
certificated, or otherwise legally authorized to practice	1919
optometry, chiropractic, acupuncture through the state	1920
chiropractic board, psychology, nursing, pharmacy, mechanotherapy,	1921
medicine and surgery, osteopathic medicine and surgery, or	1922
podiatric medicine and surgery, but who is not also licensed,	1923
certificated, or otherwise legally authorized to engage in the	1924
practice of physical therapy.	1925

Sec. 4757.03. (A) There is hereby created the counselor,	1926
social worker, and marriage and family therapist board, consisting	1927
of fifteen members. The governor shall appoint the members with	1928
the advice and consent of the senate.	1929

(1) Four of the members shall be individuals licensed under	1930
this chapter as professional clinical counselors or professional	1931
counselors. At all times, the counselor membership shall include	1932
at least two licensed professional clinical counselors, at least	1933
one individual who has received a doctoral degree in counseling	1934
from an accredited educational institution recognized by the board	1935
and holds a graduate level teaching position in a counselor	1936
education program, and at least two individuals who have received	1937
at least a master's degree in counseling from an accredited	1938
educational institution recognized by the board.	1939

Two of the(2) Four members shall be individuals licensed	1940
under this chapter as independent marriage and family therapists	1941
and two shall be individuals licensed under this chapter asor	1942
marriage and family therapists or, if the board has not yet	1943
licensed independent marriage and family therapists or marriage	1944
and family therapists, eligible for licensure as independent	1945
marriage and family therapists or marriage and family therapists.	1946
They shall have, during the five years preceding appointment,	1947
actively engaged in the practice of marriage and family therapy,	1948
in educating and training master's, doctoral, or postdoctoral	1949
students of marriage and family therapy, or in marriage and family	1950
therapy research and, during the two years immediately preceding	1951
appointment, shall have devoted the majority of their professional	1952
time to the activity while residing in this state. At all times,	1953
the marriage and family therapist membership shall include one	1954
educator who holds a teaching position in a master's degree	1955
marriage and family therapy program at an accredited educational	1956
institution recognized by the board.	1957

(3) Two members shall be individuals licensed under this	1958
chapter as independent social workers. Two members shall be	1959
individuals licensed under this chapter as social workers, at	1960
least one of whom must hold a bachelor's or master's degree in	1961
social work from an accredited educational institution recognized	1962
by the board. At all times, the social worker membership shall	1963
include one educator who holds a teaching position in a	1964
baccalaureate or master's degree social work program at an	1965
accredited educational institution recognized by the board.	1966

(4) Three members shall be representatives of the general	1967
public who have not practiced professional counseling, marriage	1968
and family therapy, or social work and have not been involved in	1969
the delivery of professional counseling, marriage and family	1970
therapy, or social work services. At least one of the members	1971
representing the general public shall be at least sixty years of	1972
age. During their terms the public members shall not practice	1973
professional counseling, marriage and family therapy, or social	1974
work or be involved in the delivery of professional counseling,	1975
marriage and family therapy, or social work services.	1976

(B) Each member specified in divisions (A)(1), (2), and (3)	1977
of this section, during the five years preceding appointment,	1978
shall have actively engaged in the practice of their respective	1979
professions, in educating and training master's, doctoral, or	1980
postdoctoral students of their respective professions, or in	1981
research in their respective professions, and, during the two	1982
years immediately preceding appointment, shall have devoted the	1983
majority of their professional time to the activity while residing	1984
in this state.	1985

(C) At least three members, one from each professional	1986
standards committee, during the five years preceding appointment,	1987
shall have practiced at a public agency or at an organization that	1988
is certified or licensed by the department of developmental	1989
disabilities, the department of alcohol and drug addiction	1990
services, the department of job and family services, or the	1991
department of mental health.	1992

(D) Not more than eight members of the board may be members	1993
of the same political party or sex. At	1994

(E) At least one member of the board shall be of African,	1995
Native American, Hispanic, or Asian descent.	1996

Of the initial appointees, three shall be appointed for terms	1997
ending October 10, 1985, four shall be appointed for terms ending	1998
October 10, 1986, and four shall be appointed for terms ending	1999
October 10, 1987. Of the two initial independent marriage and	2000
family therapists appointed to the board, one shall be appointed	2001
for a term ending two years after the effective date of this	2002
amendment and one for a term ending three years after that date.	2003
Of the two initial marriage and family therapists appointed to the	2004
board, one shall be appointed for a term ending two years after	2005
the effective date of this amendment and one for a term ending	2006
three years after that date. After the initial appointments, terms	2007

(F) Terms of office shall be three years, each term ending on	2008
the same day of the same month of the year as did the term that it	2009
succeeds. As a result of the dates of initial appointment, the	2010
number of terms expiring each year are four, five, or six.	2011

(G) A member shall hold office from the date of appointment	2012
until the end of the term for which the member was appointed. A	2013
member appointed to fill a vacancy occurring prior to the	2014
expiration of the term for which the member's predecessor was	2015
appointed shall hold office for the remainder of that term. A	2016
member shall continue in office after the expiration date of the	2017
member's term until a successor takes office or until a period of	2018
sixty days has elapsed, whichever occurs first. Members may be	2019
reappointed, except that if a person has held office for two	2020
consecutive full terms, the person shall not be reappointed to the	2021
board sooner than one year after the expiration of the second full	2022
term as a member of the board.	2023

Sec. 4757.10.  The counselor, social worker, and marriage and	2024
family therapist board may adopt any rules necessary to carry out	2025
this chapter.	2026

The board shall adopt rules that do all of the following:

2027

(A) Concern intervention for and treatment of any impaired	2028
person holding a license or certificate of registration issued	2029
under this chapter;	2030

(B) Establish standards for training and experience of	2031
supervisors described in division (C) of section 4757.30 of the	2032
Revised Code;	2033

(C) Define the requirement that an applicant be of good moral	2034
character in order to be licensed or registered under this	2035
chapter;	2036

(D) Establish requirements for criminal records checks of	2037
applicants under section 4776.03 of the Revised Code;	2038

(E) Establish a graduated system of fines based on the scope	2039
and severity of violations and the history of compliance, not to	2040
exceed five hundred dollars per incident, that any professional	2041
standards committee of the board may charge for a disciplinary	2042
violation described in section 4757.36 of the Revised Code.	2043

(F) Provide for voluntary registration of all of the	2044
following:	2045

(1) Master's level counselor trainees enrolled in practice	2046
and internships;	2047

(2) Master's level social worker trainees enrolled in	2048
fieldwork, practice, and internships;	2049

(3) Master's level marriage and family therapist trainees	2050
enrolled in practice and internships.	2051

Rules adopted under division (F) of this section shall not	2052
require a trainee toregister with the board, and if a trainee has	2053
not registered, shall prohibit any adverse effect with respect to	2054
a trainee's application for licensure by the board.	2055

All rules adopted under this section shall be adopted in	2056
accordance with Chapter 119. of the Revised Code. When it adopts	2057
rules under this section or any other section of this chapter, the	2058
board may consider standards established by any national	2059
association or other organization representing the interests of	2060
those involved in professional counseling, social work, or	2061
marriage and family therapy.	2062

Sec. 4757.13. (A) Each individual who engages in the practice	2063
of professional counseling, social work, or marriage and family	2064
therapy shall prominently display, in a conspicuous place in the	2065
office or place where a major portion of the individual's practice	2066
is conducted, and in such a manner as to be easily seen and read,	2067
the license granted to the individual by the state counselor,	2068
social worker, and marriage and family therapist board.	2069

(B) A licensee engaged in a private individual practice,	2070
partnership, or group practice shall prominently display the	2071
licensee's fee schedule in the office or place where a major	2072
portion of the licensee's practice is conducted. The bottom of the	2073
first page of the fee schedule shall include the following	2074
statement, which shall be followed by the name, address, and	2075
telephone number of the board:	2076

"This information is required by the Counselor, Social	2077
Worker, and Marriage and Family Therapist Board, which regulates	2078
the practices of professional counseling, social work, and	2079
marriage and family therapy in this state."	2080

Sec. 4757.16.  (A) A person seeking to be licensed under this	2081
chapter as a professional clinical counselor or professional	2082
counselor shall file with the counselors professional standards	2083
committee of the counselor, social worker, and marriage and family	2084
therapist board a written application on a form prescribed by the	2085
board. A person seeking to be licensed under this chapter as an	2086
independent social worker or social worker or registered under	2087
this chapter as a social work assistant shall file with the social	2088
workers professional standards committee of the board a written	2089
application on a form prescribed by the board. A person seeking to	2090
be licensed under this chapter as an independent marriage and	2091
family therapist or a marriage and family therapist shall file	2092
with the marriage and family therapist professional standards	2093
committee of the board a written application on a form prescribed	2094
by the board.	2095

Each form prescribed by the board shall contain a statement	2096
informing the applicant that a person who knowingly makes a false	2097
statement on the form is guilty of falsification under section	2098
2921.13 of the Revised Code, a misdemeanor of the first degree.	2099

(B) The professional standards committees shall adopt rules	2100
under Chapter 119. of the Revised Code concerning the process for	2101
review of each application received and shallto determine whether	2102
the applicant meets the requirements to receive the license or	2103
certificate of registration for which application has been made.	2104

Sec. 4757.22.  (A) The counselors professional standards	2105
committee of the counselor, social worker, and marriage and family	2106
therapist board shall issue a license to practice as a	2107
professional clinical counselor to each applicant who submits a	2108
properly completed application, pays the fee established under	2109
section 4757.31 of the Revised Code, and meets the requirements	2110
specified in division (B) of this section.	2111

(B) To be eligible for a professional clinical counselor	2112
license, 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, including a minimum of	2119
thirty quarter hours of instruction in the following areas:	2120

(a) Clinical psychopathology, personality, and abnormal	2121
behavior;	2122

(b) Evaluation of mental and emotional disorders;

2123

(c) Diagnosis of mental and emotional disorders;

2124

(d) Methods of prevention, intervention, and treatment of	2125
mental and emotional disorders.	2126

(4) The individual must complete, in either a private or	2127
clinical counseling setting, supervised experience in counseling	2128
that is of a type approved by the committee, is supervised by a	2129
professional clinical counselor or other qualified professional	2130
approved by the committee, and is in the following amounts:	2131

(a) In the case of an individual holding only a master's	2132
degree, not less than two years of experience, which must be	2133
completed after the award of the master's degree;	2134

(b) In the case of an individual holding a doctorate, not	2135
less than one year of experience, which must be completed after	2136
the award of the doctorate.	2137

(5) The individual must pass a field evaluation that meets	2138
the following requirements:	2139

(a) Has been completed by the applicant's instructors,	2140
employers, supervisors, or other persons determined by the	2141
committee to be competent to evaluate an individual's professional	2142
competence;	2143

(b) Includes documented evidence of the quality, scope, and	2144
nature of the applicant's experience and competence in diagnosing	2145
and treating mental and emotional disorders.	2146

(6) The individual must pass an examination administered by	2147
the board for the purpose of determining ability to practice as a	2148
professional clinical counselor.	2149

(C) To be accepted by the committee for purposes of division	2150
(B) of this section, counselor training must include at least the	2151
following:	2152

(1) Instruction in human growth and development; counseling	2153
theory; counseling techniques; group dynamics, processing, and	2154
counseling; appraisal of individuals; research and evaluation;	2155
professional, legal, and ethical responsibilities; social and	2156
cultural foundations; and lifestyle and career development;	2157

(2) Participation in a supervised practicum and internship in	2158
counseling.	2159

(D) The committee may issue a provisional license to an	2160
applicant who meets all of the requirements to be licensed under	2161
this section, pending the receipt of transcripts or action by the	2162
committee to issue a license to practice as a professional	2163
clinical counselor.	2164

(E) An individual may not sit for the licensing examination	2165
unless the individual meets the educational requirements to be	2166
licensed under this section. An individual who is denied admission	2167
to the licensing examination may appeal the denial in accordance	2168
with Chapter 119. of the Revised Code.	2169

(F) The board shall adopt any rules necessary for the	2170
committee to implement this section, including criteria for the	2171
committee to use in determining whether an applicant's training	2172
should be accepted and supervised experience approved, and	2173
including a rule that:	2174

(1) Requires that a graduate degree in counseling that is	2175
obtained after January 1, 2018, from an Ohio mental health	2176
counseling program, in order to meet the requirements of division	2177
(B)(2) of this section, is from one of the following:	2178

(a) An institution accredited by the council for	2179
accreditation of counseling and related educational programs	2180
(CACREP) in clinical mental health counseling or addiction	2181
counseling;	2182

(b) Other accredited counseling programs approved by the	2183
board by rule.	2184

(2) Stipulates that CACREP accredited programs in clinical	2185
mental health counseling and, until January 1, 2018, mental health	2186
counseling, and other accredited counseling programs approved by	2187
the board by rule are deemed to have met the licensure educational	2188
requirements of division (B)(3) of this section;	2189

(3) Establishes course content requirements for qualifying	2190
counseling degrees from counseling programs that are not CACREP	2191
accredited clinical mental health or addiction counseling programs	2192
and for graduate degrees from other accredited counseling programs	2193
approved by the board by rule.	2194

Rules adopted under this division shall be adopted in	2195
accordance with Chapter 119. of the Revised Code.	2196

Sec. 4757.23.  (A) The counselors professional standards	2197
committee of the counselor, social worker, and marriage and family	2198
therapist board shall issue a license as a professional counselor	2199
to each applicant who submits a properly completed application,	2200
pays the fee established under section 4757.31 of the Revised	2201
Code, and meets the requirements established under division (B) of	2202
this section.	2203

(B) To be eligible for a license as a professional counselor,	2204
an individual must meet the following requirements:	2205

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

2206

(2) The individual must hold from an accredited educational	2207
institution a graduate degree in counseling.	2208

(3) The individual must complete a minimum of ninety quarter	2209
hours or sixty semester hours of graduate credit in counselor	2210
training acceptable to the committee, which the individual may	2211
complete while working toward receiving a graduate degree in	2212
counseling, or subsequent to receiving the degree, and which shall	2213
include training in the following areas:	2214

(a) Clinical psychopathology, personality, and abnormal	2215
behavior;	2216

(b) Evaluation of mental and emotional disorders;

2217

(c) Diagnosis of mental and emotional disorders;

2218

(d) Methods of prevention, intervention, and treatment of	2219
mental and emotional disorders.	2220

(4) The individual must pass an examination administered by	2221
the board for the purpose of determining ability to practice as a	2222
professional counselor.	2223

(C) To be accepted by the committee for purposes of division	2224
(B) of this section, counselor training must include at least the	2225
following:	2226

(1) Instruction in human growth and development; counseling	2227
theory; counseling techniques; group dynamics, processing, and	2228
counseling; appraisal of individuals; research and evaluation;	2229
professional, legal, and ethical responsibilities; social and	2230
cultural foundations; and lifestyle and career development;	2231

(2) Participation in a supervised practicum and internship in	2232
counseling.	2233

(D) The committee may issue a provisional license to an	2234
applicant who meets all of the requirements to be licensed under	2235
this section, pending the receipt of transcripts or action by the	2236
committee to issue a license as a professional counselor.	2237

(E) An individual may not sit for the licensing examination	2238
unless the individual meets the educational requirements to be	2239
licensed under this section. An individual who is denied admission	2240
to the licensing examination may appeal the denial in accordance	2241
with Chapter 119. of the Revised Code.	2242

(F) The board shall adopt any rules necessary for the	2243
committee to implement this section, including criteria for the	2244
committee to use in determining whether an applicant's training	2245
should be accepted and supervised experience approved, and	2246
including a rule that:	2247

(1) Requires that a graduate degree in counseling that is	2248
obtained after January 1, 2018, from an Ohio mental health	2249
counseling program, in order to meet the requirements of division	2250
(B)(2) of this section, is from one of the following:	2251

(a) An institution accredited by the council for	2252
accreditation of counseling and related educational programs	2253
(CACREP);	2254

(b) Other accredited counseling programs approved by the	2255
board by rule.	2256

(2) Establishes that individuals that have a graduate degree	2257
in clinical mental health counseling from a CACREP accredited	2258
program are deemed to have met the licensure educational	2259
requirements of division (B)(3) of this section;	2260

(3) Establishes requirements for qualifying counseling	2261
degrees from counseling programs that are not CACREP accredited	2262
programs, and for graduate degrees from other accredited	2263
counseling programs approved by the board by rule.	2264

Rules adopted under this division shall be adopted in	2265
accordance with Chapter 119. of the Revised Code.	2266

Sec. 4757.27.  (A) The social workers professional standards	2267
committee of the counselor, social worker, and marriage and family	2268
therapist board shall issue a license as an independent social	2269
worker to each applicant who submits a properly completed	2270
application, pays the fee established under section 4757.31 of the	2271
Revised Code, and meets the requirements specified in division (B)	2272
of this section. An independent social worker license shall	2273
clearly indicate each academic degree earned by the person to whom	2274
it has been issued.	2275

(B) To be eligible for a license as an independent social	2276
worker, an individual must meet the following requirements:	2277

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

2278

(2) The individual must hold from ana council on social work	2279
education (CSWE) accredited educational institution a master's	2280
degree or a doctorate in social work.	2281

(3) The individual must complete at least two years of	2282
post-master's degree social work experience supervised by an	2283
independent social worker.	2284

(4) The individual must pass an examination administered by	2285
the board for the purpose of determining ability to practice as an	2286
independent social worker.	2287

(C) The committee may issue a temporary license to an	2288
applicant who meets all of the requirements to be licensed under	2289
this section, pending the receipt of transcripts or action by the	2290
committee to issue a license as an independent social worker.	2291

(D) The board shall adopt any rules necessary for the	2292
committee to implement this section, including criteria for the	2293
committee to use in determining whether an applicant's training	2294
should be accepted and supervised experience approved. Rules	2295
adopted under this division shall be adopted in accordance with	2296
Chapter 119. of the Revised Code.	2297

Sec. 4757.28.  (A) The social workers professional standards	2298
committee of the counselor, social worker, and marriage and family	2299
therapist board shall issue a license as a social worker to each	2300
applicant who submits a properly completed application, pays the	2301
fee established under section 4757.31 of the Revised Code, and	2302
meets the requirements specified in division (B) of this section.	2303
A social worker license shall clearly indicate each academic	2304
degree earned by the person to whom it is issued.	2305

(B) To be eligible for a license as a social worker, an	2306
individual must meet the following requirements:	2307

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

2308

(2) The individual must hold from an accredited educational	2309
institution one of the following:	2310

(a) A baccalaureate degree in social work or, prior to	2311
October 10, 1992, a baccalaureate degree in a program closely	2312
related to social work and approved by the committee;	2313

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

2314

(c) A doctorate in social work.

2315

(3) The individual must pass an examination administered by	2316
the board for the purpose of determining ability to practice as a	2317
social worker.	2318

(C) The committee may issue a temporary license to an	2319
applicant who meets all of the requirements to be licensed under	2320
this section, pending the receipt of transcripts or action by the	2321
committee to issue a license as a social worker. However, the	2322
committee may issue a temporary license to an applicant who	2323
provides the board with a statement from the applicant's academic	2324
institution indicating that the applicant is in good standing with	2325
the institution, that the applicant has met the academic	2326
requirements for the applicant's degree, and the date the	2327
applicant will receive the applicant's degree.	2328

(D) The board shall adopt any rules necessary for the	2329
committee to implement this section, including criteria for the	2330
committee to use in determining whether an applicant's training	2331
should be accepted and supervised experience approved. Rules	2332
adopted under this division shall be adopted in accordance with	2333
Chapter 119. of the Revised Code.	2334

Sec. 4757.29. (A) The social workers professional standards	2335
committee of the counselor, social worker, and marriage and family	2336
therapist board shall issue a certificate of registration as a	2337
social work assistant to each applicant who submits a properly	2338
completed application, pays the fee established under section	2339
4757.31 of the Revised Code, is of good moral character, and holds	2340
from an accredited educational institution an associate degree in	2341
social service technology or a bachelor's degree that is	2342
equivalent to an associate degree in social service technology or	2343
a related bachelor's or higher degree that is approved by the	2344
committee.	2345

(B) On and after March 18, 1997, a counselor assistant	2346
certificate of registration issued under former section 4757.08 of	2347
the Revised Code shall be considered a certificate of registration	2348
as a social work assistant. The holder of the certificate is	2349
subject to the supervision requirements specified in section	2350
4757.26 of the Revised Code, the continuing education requirements	2351
specified in section 4757.33 of the Revised Code, and regulation	2352
by the social workers professional standards committee. On the	2353
first renewal occurring after March 18, 1997, the committee shall	2354
issue a certificate of registration as a social work assistant to	2355
each former counselor assistant who qualifies for renewal.	2356

(C) The social workers professional standards committee shall	2357
issue a certificate of registration as a social work assistant to	2358
any person who, on or before March 18, 1998, meets the	2359
requirements for a certificate of registration as a counselor	2360
assistant pursuant to division (A)(3) of former section 4757.08 of	2361
the Revised Code, submits a properly completed application, pays	2362
the fee established under section 4757.31 of the Revised Code, and	2363
is of good moral character.	2364

Sec. 4757.30.  (A) The marriage and family therapist	2365
professional standards committee of the counselor, social worker,	2366
and marriage and family therapist board shall issue a license to	2367
practice as a marriage and family therapist to a person who has	2368
done all of the following:	2369

(1) Properly completed an application for the license;

2370

(2) Paid the required fee established by the board under	2371
section 4757.31 of the Revised Code;	2372

(3) Achieved one of the following:

2373

(a) Received from an educational institution accredited at	2374
the time the degree was granted by a regional accrediting	2375
organization recognized by the board a master's degree or a	2376
doctorate in marriage and family therapy;	2377

(b) Completed a graduate degree that includes a minimum of	2378
ninety quarter hours of graduate level course work in marriage and	2379
family therapy training that is acceptable to the committee;	2380

(4) Passed an examination administered by the board for the	2381
purpose of determining the person's ability to be a marriage and	2382
family therapist;	2383

(5) Completed a practicum that includes at least three	2384
hundred hours of client contact.	2385

(B) To be accepted by the committee for purposes of division	2386
(A)(3)(b) of this section, marriage and family therapist training	2387
must include instruction in at least the following:	2388

(1) Research and evaluation;

2389

(2) Professional, legal, and ethical responsibilities;

2390

(3) Marriage and family studies;

2391

(4) Marriage and family therapy, including therapeutic theory	2392
and techniques for individuals, groups, and families;	2393

(5) Human development;

2394

(6) Appraisal of individuals and families;

2395

(7) Diagnosis of mental and emotional disorders;

2396

(8) Systems theory.

2397

(C) The marriage and family therapist professional standards	2398
committee shall issue a license to practice as an independent	2399
marriage and family therapist to a person who does both of the	2400
following:	2401

(1) Meets all of the requirements of division (A) of this	2402
section;	2403

(2) After meeting the requirements of division (A)(3) of this	2404
section, completes at least two calendar years of work experience	2405
in marriage and family therapy.	2406

The two calendar years of work experience must include one	2407
thousand hours of documented client contact in marriage and family	2408
therapy. Two hundred hours of the one thousand hours must include	2409
face-to-face supervision by a supervisor whose training and	2410
experience meets standards established by the board in rules	2411
adopted under section 4757.10 of the Revised Code and one hundred	2412
hours of the two hundred hours of supervision must be individual	2413
supervision.	2414

(D) An independent marriage and family therapist or a	2415
marriage and family therapist may engage in the private practice	2416
of marriage and family therapy as an individual practitioner or as	2417
a member of a partnership or group practice.	2418

(E) A marriage and family therapist may diagnose and treat	2419
mental and emotional disorders only under the supervision of a	2420
psychologist, psychiatrist, professional clinical counselor,	2421
independent social worker, or independent marriage and family	2422
therapist. An independent marriage and family therapist may	2423
diagnose and treat mental and emotional disorders without	2424
supervision.	2425

(F) Nothing in this chapter or rules adopted under it	2426
authorizes an independent marriage and family therapist or a	2427
marriage and family therapist to admit a patient to a hospital or	2428
requires a hospital to allow a marriage and family therapist to	2429
admit a patient.	2430

(G) An independent marriage and family therapist or a	2431
marriage and family therapist may not diagnose, treat, or advise	2432
on conditions outside the recognized boundaries of the marriage	2433
and family therapist's competency. An independent marriage and	2434
family therapist or a marriage and family therapist shall make	2435
appropriate and timely referrals when a client's needs exceed the	2436
marriage and family therapist's competence level.	2437

Sec. 4757.31.  (A) Subject to division (B) of this section,	2438
the counselor, social worker, and marriage and family therapist	2439
board shall establish, and may from time to time adjust, fees to	2440
be charged for the following:	2441

(1) Examination for licensure as a professional clinical	2442
counselor, professional counselor, marriage and family therapist,	2443
independent marriage and family therapist, social worker, or	2444
independent social worker;	2445

(2) Initial licenses of professional clinical counselors,	2446
professional counselors, marriage and family therapists,	2447
independent marriage and family therapists, social workers, and	2448
independent social workers, except that the board shall charge	2449
only one fee to a person who fulfills all requirements for more	2450
than one of the following initial licenses: an initial license as	2451
a social worker or independent social worker, an initial license	2452
as a professional counselor or professional clinical counselor,	2453
and an initial license as a marriage and family therapist or	2454
independent marriage and family therapist;	2455

(3) Initial certificates of registration of social work	2456
assistants;	2457

(4) Renewal and late renewal of licenses of professional	2458
clinical counselors, professional counselors, marriage and family	2459
therapists, independent marriage and family therapists, social	2460
workers, and independent social workers and renewal and late	2461
renewal of certificates of registration of social work assistants;	2462

(5) Verification, to another jurisdiction, of a license or	2463
registration issued by the board;	2464

(6) Continuing education programs offered by the board to	2465
licensees or registrants;	2466

(7) Approval of continuing education programs;

2467

(8) Approval of continuing education providers to be	2468
authorized to offer continuing education programs without prior	2469
approval from the board for each program offered;	2470

(9) Issuance of a replacement copy of any wall certificate	2471
issued by the board;	2472

(10) Late completion of continuing counselor, social worker,	2473
or marriage and family therapy education required under section	2474
4757.33 of the Revised Code and the rules adopted thereunder.	2475

(B) The fees charged under division (A)(1) of this section	2476
shall be established in amounts sufficient to cover the direct	2477
expenses incurred in examining applicants for licensure. The fees	2478
charged under divisions (A)(2) to (9) of this section shall be	2479
nonrefundable and shall be established in amounts sufficient to	2480
cover the necessary expenses in administering this chapter and	2481
rules adopted under it that are not covered by fees charged under	2482
division (A)(1) or (C) of this section. The renewal fee for a	2483
license or certificate of registration shall not be less than the	2484
initial fee for that license or certificate. The fees charged for	2485
licensure and registration and the renewal of licensure and	2486
registration may differ for the various types of licensure and	2487
registration, but shall not exceed one hundred twenty-five dollars	2488
each, unless the board determines that amounts in excess of one	2489
hundred twenty-five dollars are needed to cover its necessary	2490
expenses in administering this chapter and rules adopted under it	2491
and the amounts in excess of one hundred twenty-five dollars are	2492
approved by the controlling board.	2493

(C) All receipts of the board shall be deposited in the state	2494
treasury to the credit of the occupational licensing and	2495
regulatory fund. All vouchers of the board shall be approved by	2496
the chairperson or executive director of the board, or both, as	2497
authorized by the board.	2498

Sec. 4757.33.  (A) Except as provided in division (B) of this	2499
section, each person who holds a license or certificate of	2500
registration issued under this chapter shall complete during the	2501
period that the license or certificate is in effect not less than	2502
thirty clock hours of continuing professional education as a	2503
condition of receiving a renewed license or certificate. To have a	2504
lapsed license or certificate of registration restored, a person	2505
shall complete the number of hours of continuing education	2506
specified by the counselor, social worker, and marriage and family	2507
therapist board in rules it shall adopt in accordance with Chapter	2508
119. of the Revised Code.	2509

The professional standards committees of the counselor,	2510
social worker, and marriage and family therapist board shall adopt	2511
rules in accordance with Chapter 119. of the Revised Code	2512
establishing standards and procedures to be followed by the	2513
committees in conducting the continuing education approval	2514
process, which shall include registering individuals and entities	2515
to provide approved continuing education programs.	2516

(B) The board may waive the continuing education requirements	2517
established under this section for persons who are unable to	2518
fulfill them because of military service, illness, residence	2519
abroad, or any other reason the committee considers acceptable.	2520

In the case of a social worker licensed by virtue of	2521
receiving, prior to October 10, 1992, a baccalaureate degree in a	2522
program closely related to social work, as a condition of the	2523
first renewal of the license, the social worker must complete at	2524
an accredited educational institution a minimum of five semester	2525
hours of social work graduate or undergraduate credit, or their	2526
equivalent, that is acceptable to the committee and includes a	2527
course in social work theory and a course in social work methods.	2528

Sec. 4757.36.  (A) The appropriate professional standards	2529
committee of the counselor, social worker, and marriage and family	2530
therapist board may, in accordance with Chapter 119. of the	2531
Revised Code, take any action specified in division (B) of this	2532
section against an individual who has applied for or holds a	2533
license to practice as a professional clinical counselor,	2534
professional counselor, independent marriage and family therapist,	2535
marriage and family therapist, social worker, or independent	2536
social worker, or a certificate of registration to practice as a	2537
social work assistant, counselor trainee, social worker trainee,	2538
or marriage and family therapist trainee, for any reason described	2539
in division (C) of this section. The board may, under Chapter 119.	2540
of the Revised Code, take any action specified in division (B) of	2541
this section against an individual or entity who has applied for	2542
or holds a registration under the rules adopted under section	2543
4757.33 of the Revised Code to offer continuing education programs	2544
under the board's approval.	2545

(B) In its imposition of sanctions against an individual or a	2546
registered entity providing continuing education programs, the	2547
board may do any of the following:	2548

(1) Refuse to issue or refuse to renew a license or	2549
certificate of registration;	2550

(2) Suspend, revoke, or otherwise restrict a license or	2551
certificate of registration;	2552

(3) Reprimand an individual holding a license or certificate	2553
of registration;	2554

(4) Impose a fine in accordance with the graduated system of	2555
fines established by the board in rules adopted under section	2556
4757.10 of the Revised Code.	2557

(C) The appropriate professional standards committee of the	2558
board may take an action specified in division (B) of this section	2559
for any of the following reasons:	2560

(1) Commission of an act that violates any provision of this	2561
chapter or rules adopted under it;	2562

(2) Knowingly making a false statement on an application for	2563
licensure or registration, or for renewal of a license or	2564
certificate of registration;	2565

(3) Accepting a commission or rebate for referring persons to	2566
any professionals licensed, certified, or registered by any court	2567
or board, commission, department, division, or other agency of the	2568
state, including, but not limited to, individuals practicing	2569
counseling, social work, or marriage and family therapy or	2570
practicing in fields related to counseling, social work, or	2571
marriage and family therapy;	2572

(4) A failure to comply with section 4757.124757.13 of the	2573
Revised Code;	2574

(5) A conviction in this or any other state of a crime that	2575
is a felony in this state;	2576

(6) A failure to perform properly as a professional clinical	2577
counselor, professional counselor, independent marriage and family	2578
therapist, marriage and family therapist, social work assistant,	2579
social worker, or independent social worker due to the use of	2580
alcohol or other drugs or any other physical or mental condition;	2581

(7) A conviction in this state or in any other state of a	2582
misdemeanor committed in the course of practice as a professional	2583
clinical counselor, professional counselor, independent marriage	2584
and family therapist, marriage and family therapist, social work	2585
assistant, social worker, or independent social worker;	2586

(8) Practicing outside the scope of practice applicable to	2587
that person;	2588

(9) Practicing in violation of the supervision requirements	2589
specified under sections 4757.21 and 4757.26, and division (E) of	2590
section 4757.30, of the Revised Code;	2591

(10) A violation of the person's code of ethical practice	2592
adopted by rule of the board pursuant to section 4757.11 of the	2593
Revised Code;	2594

(11) Revocation or suspension of a license or certificate of	2595
registration, other disciplinary action against a licensee or	2596
registrant, or the voluntary surrender of a license or certificate	2597
of registration in another state or jurisdiction for an offense	2598
that would be a violation of this chapter.	2599

(D) One year or more after the date of suspension or	2600
revocation of a license or certificate of registration under this	2601
section, application may be made to the appropriate professional	2602
standards committee for reinstatement. The committee may accept	2603
approve or refusedeny an application for reinstatement. If a	2604
license has been suspended or revoked, the committee may require	2605
an examination for reinstatement.	2606

(E) On request of the board, the attorney general shall bring	2607
and prosecute to judgment a civil action to collect any fine	2608
imposed under division (B)(4) of this section that remains unpaid.	2609

(F) All fines collected under division (B)(4) of this section	2610
shall be deposited into the state treasury to the credit of the	2611
occupational licensing and regulatory fund.	2612

Sec. 4757.37.  (A) An individual whom the counselor, social	2613
worker, and marriage and family therapist board licenses,	2614
certificates, or otherwise legally authorizes to engage in the	2615
practice of professional counseling, social work, or marriage and	2616
family therapy may render the individual's professional services	2617
within this state through a corporation formed under division (B)	2618
of section 1701.03 of the Revised Code, a limited liability	2619
company formed under Chapter 1705. of the Revised Code, a	2620
partnership, or a professional association formed under Chapter	2621
1785. of the Revised Code. This division does not preclude such an	2622
individual from rendering professional services as a professional	2623
counselor, social worker, or marriage and family therapist through	2624
another form of business entity, including, but not limited to, a	2625
nonprofit corporation or foundation, or in another manner that is	2626
authorized by or in accordance with this chapter, another chapter	2627
of the Revised Code, or rules of the counselor, social worker, and	2628
marriage and family therapist board adopted pursuant to this	2629
chapter.	2630

(B) A corporation, limited liability company, partnership, or	2631
professional association described in division (A) of this section	2632
may be formed for the purpose of providing a combination of the	2633
professional services of the following individuals who are	2634
licensed, certificated, or otherwise legally authorized to	2635
practice their respective professions:	2636

(1) Optometrists who are authorized to practice optometry	2637
under Chapter 4725. of the Revised Code;	2638

(2) Chiropractors who are authorized to practice chiropractic	2639
or acupuncture under Chapter 4734. of the Revised Code;	2640

(3) Professional clinical counselors, professional	2641
counselors, independent social workers, social workers,	2642
independent marriage and family therapists, or marriage and family	2643
therapists who are authorized for their respective practices under	2644
this chapter;	2645

(4) Psychologists who are authorized to practice psychology	2646
under Chapter 4732. of the Revised Code;	2647

(5) Registered or licensed practical nurses who are	2648
authorized to practice nursing as registered nurses or as licensed	2649
practical nurses under Chapter 4723. of the Revised Code;	2650

(6) Pharmacists who are authorized to practice pharmacy under	2651
Chapter 4729. of the Revised Code;	2652

(7) Physical therapists who are authorized to practice	2653
physical therapy under sections 4755.40 to 4755.56 of the Revised	2654
Code;	2655

(8) Occupational therapists who are authorized to practice	2656
occupational therapy under sections 4755.04 to 4755.13 of the	2657
Revised Code;	2658

(9) Mechanotherapists who are authorized to practice	2659
mechanotherapy under section 4731.151 of the Revised Code;	2660

(10) Doctors of medicine and surgery, osteopathic medicine	2661
and surgery, or podiatric medicine and surgery who are authorized	2662
for their respective practices under Chapter 4731. of the Revised	2663
Code.	2664

This division applies notwithstanding a provision of a code	2665
of ethics applicable to an individual who is a professional	2666
clinical counselor, professional counselor, independent social	2667
worker, social worker, independent marriage and family therapist,	2668
or marriage and family therapist that prohibits the individual	2669
from engaging in the individual's practice in combination with a	2670
person who is licensed, certificated, or otherwise legally	2671
authorized to practice optometry, chiropractic, acupuncture	2672
through the state chiropractic board, nursing, pharmacy, physical	2673
therapy, psychology, occupational therapy, mechanotherapy,	2674
medicine and surgery, osteopathic medicine and surgery, or	2675
podiatric medicine and surgery, but who is not also licensed,	2676
certificated, or otherwise legally authorized to engage in the	2677
practice of professional counseling, social work, or marriage and	2678
family therapy.	2679

Sec. 4757.41.  (A) This chapter shall not apply to the	2680
following:	2681

(1) A person certified by the state board of education under	2682
Chapter 3319. of the Revised Code while performing any services	2683
within the person's scope of employment by a board of education or	2684
by a private school meeting the standards prescribed by the state	2685
board of education under division (D) of section 3301.07 of the	2686
Revised Code or in a program operated under Chapter 5126. of the	2687
Revised Code for training individuals with mental retardation or	2688
other developmental disabilities;	2689

(2) Psychologists or school psychologists licensed under	2690
Chapter 4732. of the Revised Code;	2691

(3) Members of other professions licensed, certified, or	2692
registered by this state while performing services within the	2693
recognized scope, standards, and ethics of their respective	2694
professions;	2695

(4) Rabbis, priests, Christian science practitioners, clergy,	2696
or members of religious orders and other individuals participating	2697
with them in pastoral counseling when the counseling activities	2698
are within the scope of the performance of their regular or	2699
specialized ministerial duties and are performed under the	2700
auspices or sponsorship of an established and legally cognizable	2701
church, denomination, or sect or an integrated auxiliary of a	2702
church as defined in federal tax regulations, paragraph (g)(5) of	2703
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the	2704
service remains accountable to the established authority of that	2705
church, denomination, sect, or integrated auxiliary;	2706

(5) Any person employed in the civil service as defined in	2707
section 124.01 of the Revised Code as follows:	2708

(a) As an employee of a county, city, city health district,	2709
general health district, or city school district of this state	2710
while engaging in social work or professional counseling as a	2711
civil service employee;	2712

(b) As an employee of the state while engaging in social work	2713
or professional counseling as a civil service employee, if on the	2714
effective date of this amendment the person has at least two years	2715
of service with the state in that capacity;	2716

(6) A student in an accredited educational institution while	2717
carrying out activities that are part of the student's prescribed	2718
course of study if the activities are supervised as required by	2719
the educational institution and if the student does not hold	2720
herself or himself out as a person licensed or registered under	2721
this chapter;	2722

(7) Until two years after the date the department of alcohol	2723
and drug addiction services ceases to administer its process for	2724
the certification or credentialing of chemical dependency	2725
counselors and alcohol and other drug prevention specialists under	2726
section 3793.07 of the Revised Code, as specified in division (B)	2727
of that section, or in the case of an individual who has the	2728
expiration date of the individual's certificate or credentials	2729
delayed under section 4758.04 of the Revised Code, until the date	2730
of the delayed expiration, individuals with certification or	2731
credentials accepted by the department under that section who are	2732
acting within the scope of their certification or credentials as	2733
members of the profession of chemical dependency counseling or as	2734
alcohol and other drug prevention specialists;	2735

(8)(7) Individuals who hold a license or certificate under	2736
Chapter 4758. of the Revised Code who are acting within the scope	2737
of their license or certificate as members of the profession of	2738
chemical dependency counseling or alcohol and other drug	2739
prevention services;	2740

(9)(8) Any person employed by the American red cross while	2741
engaging in activities relating to services for military families	2742
and veterans and disaster relief, as described in the "American	2743
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as	2744
amended;	2745

(10)(9) Members of labor organizations who hold union	2746
counselor certificates while performing services in their official	2747
capacity as union counselors;	2748

(11)(10) Any person employed in a hospital as defined in	2749
section 3727.01 of the Revised Code or in a nursing home as	2750
defined in section 3721.01 of the Revised Code while providing as	2751
a hospital employee or nursing home employee, respectively, social	2752
services other than counseling and the use of psychosocial	2753
interventions and social psychotherapy;	2754

(11) A vocational rehabilitation professional who is	2755
providing vocational rehabilitation counseling or services to	2756
individuals under section 3304.17 of the Revised Code.	2757

(B) Divisions (A)(5), (9), and (11)(10) of this section do	2758
not prevent a person described in those divisions from obtaining a	2759
license or certificate of registration under this chapter.	2760

(C) Except as provided in divisions (A), (D), and (E) of this	2761
section, no employee in the service of the state, including public	2762
employees as defined by Chapter 4117. of the Revised Code, shall	2763
engage in marriage and family therapy, social work, or	2764
professional counseling without a license. Failure to comply with	2765
this division constitutes nonfeasance under section 124.34 of the	2766
Revised Code or just cause under a collective bargaining	2767
agreement. Nothing in this division restricts the director of	2768
administrative services from developing new classifications	2769
related to this division or from reassigning affected employees to	2770
appropriate classifications based on the employee's duties and	2771
qualifications.	2772

(D) Except as provided in division (A) of this section, an	2773
employee who was engaged in marriage and family therapy, social	2774
work, or professional counseling in the service of the state prior	2775
to the effective date of this amendment, including public	2776
employees as defined by Chapter 4117. of the Revised Code, shall	2777
comply with division (C) of this section within two years after	2778
the effective date of this amendment. Any such employee who fails	2779
to comply shall be removed from employment.	2780

(E) Nothing in this chapter shall be construed to require	2781
licensure or certification for a caseworker employed by a public	2782
children services agency under section 5153.112 of the Revised	2783
Code.	2784

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

2785

(1) "Senior service provider" means any person who provides	2786
care or services to a person who is an adult as defined in	2787
division (B) of section 5101.60 of the Revised Code.	2788

(2) "Ambulatory health facility" means a nonprofit, public or	2789
proprietary freestanding organization or a unit of such an agency	2790
or organization that:	2791

(a) Provides preventive, diagnostic, therapeutic,	2792
rehabilitative, or palliative items or services furnished to an	2793
outpatient or ambulatory patient, by or under the direction of a	2794
physician or dentist in a facility which is not a part of a	2795
hospital, but which is organized and operated to provide medical	2796
care to outpatients;	2797

(b) Has health and medical care policies which are developed	2798
with the advice of, and with the provision of review of such	2799
policies, an advisory committee of professional personnel,	2800
including one or more physicians, one or more dentists, if dental	2801
care is provided, and one or more registered nurses;	2802

(c) Has a medical director, a dental director, if dental care	2803
is provided, and a nursing director responsible for the execution	2804
of such policies, and has physicians, dentists, nursing, and	2805
ancillary staff appropriate to the scope of services provided;	2806

(d) Requires that the health care and medical care of every	2807
patient be under the supervision of a physician, provides for	2808
medical care in a case of emergency, has in effect a written	2809
agreement with one or more hospitals and other centers or clinics,	2810
and has an established patient referral system to other resources,	2811
and a utilization review plan and program;	2812

(e) Maintains clinical records on all patients;

2813

(f) Provides nursing services and other therapeutic services	2814
in accordance with programs and policies, with such services	2815
supervised by a registered professional nurse, and has a	2816
registered professional nurse on duty at all times of clinical	2817
operations;	2818

(g) Provides approved methods and procedures for the	2819
dispensing and administration of drugs and biologicals;	2820

(h) Has established an accounting and record keeping system	2821
to determine reasonable and allowable costs;	2822

(i) "Ambulatory health facilities" also includes an	2823
alcoholism treatment facility approved by the joint commission on	2824
accreditation of healthcare organizations as an alcoholism	2825
treatment facility or certified by the department of alcohol and	2826
drug addiction services, and such facility shall comply with other	2827
provisions of this division not inconsistent with such	2828
accreditation or certification.	2829

(3) "Community mental health facility" means a facility which	2830
provides community mental health services and is included in the	2831
comprehensive mental health plan for the alcohol, drug addiction,	2832
and mental health service district in which it is located.	2833

(4) "Community mental health service" means services, other	2834
than inpatient services, provided by a community mental health	2835
facility.	2836

(5) "Home health agency" means an institution or a distinct	2837
part of an institution operated in this state which:	2838

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

2839

(b) Has home health policies which are established by a group	2840
of professional personnel, including one or more duly licensed	2841
doctors of medicine or osteopathy and one or more registered	2842
professional nurses, to govern the home health services it	2843
provides and which includes a requirement that every patient must	2844
be under the care of a duly licensed doctor of medicine or	2845
osteopathy;	2846

(c) Is under the supervision of a duly licensed doctor of	2847
medicine or doctor of osteopathy or a registered professional	2848
nurse who is responsible for the execution of such home health	2849
policies;	2850

(d) Maintains comprehensive records on all patients;

2851

(e) Is operated by the state, a political subdivision, or an	2852
agency of either, or is operated not for profit in this state and	2853
is licensed or registered, if required, pursuant to law by the	2854
appropriate department of the state, county, or municipality in	2855
which it furnishes services; or is operated for profit in this	2856
state, meets all the requirements specified in divisions (A)(5)(a)	2857
to (d) of this section, and is certified under Title XVIII of the	2858
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	2859
amended.	2860

(6) "Home health service" means the following items and	2861
services, provided, except as provided in division (A)(6)(g) of	2862
this section, on a visiting basis in a place of residence used as	2863
the patient's home:	2864

(a) Nursing care provided by or under the supervision of a	2865
registered professional nurse;	2866

(b) Physical, occupational, or speech therapy ordered by the	2867
patient's attending physician;	2868

(c) Medical social services performed by or under the	2869
supervision of a qualified medical or psychiatric social worker	2870
and under the direction of the patient's attending physician;	2871

(d) Personal health care of the patient performed by aides in	2872
accordance with the orders of a doctor of medicine or osteopathy	2873
and under the supervision of a registered professional nurse;	2874

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

2875

(f) Medical services of interns and residents-in-training	2876
under an approved teaching program of a nonprofit hospital and	2877
under the direction and supervision of the patient's attending	2878
physician;	2879

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

2880

(i) Are provided on an outpatient basis under arrangements	2881
made by the home health agency at a hospital or skilled nursing	2882
facility;	2883

(ii) Involve the use of equipment of such a nature that the	2884
items and services cannot readily be made available to the patient	2885
in the patient's place of residence, or which are furnished at the	2886
hospital or skilled nursing facility while the patient is there to	2887
receive any item or service involving the use of such equipment.	2888

Any attorney, physician, osteopath, podiatrist, chiropractor,	2889
dentist, psychologist, any employee of a hospital as defined in	2890
section 3701.01 of the Revised Code, any nurse licensed under	2891
Chapter 4723. of the Revised Code, any employee of an ambulatory	2892
health facility, any employee of a home health agency, any	2893
employee of a residential facility licensed under section 5119.22	2894
of the Revised Code that provides accommodations, supervision, and	2895
personal care services for three to sixteen unrelated adults, any	2896
employee of a nursing home, residential care facility, or home for	2897
the aging, as defined in section 3721.01 of the Revised Code, any	2898
senior service provider, any peace officer, coroner, member of the	2899
clergy, any employee of a community mental health facility, and	2900
any person engaged in social work or, professional counseling, or	2901
marriage and family therapy having reasonable cause to believe	2902
that an adult is being abused, neglected, or exploited, or is in a	2903
condition which is the result of abuse, neglect, or exploitation	2904
shall immediately report such belief to the county department of	2905
job and family services. This section does not apply to employees	2906
of any hospital or public hospital as defined in section 5122.01	2907
of the Revised Code.	2908

(B) Any person having reasonable cause to believe that an	2909
adult has suffered abuse, neglect, or exploitation may report, or	2910
cause reports to be made of such belief to the department.	2911

(C) The reports made under this section shall be made orally	2912
or in writing except that oral reports shall be followed by a	2913
written report if a written report is requested by the department.	2914
Written reports shall include:	2915

(1) The name, address, and approximate age of the adult who	2916
is the subject of the report;	2917

(2) The name and address of the individual responsible for	2918
the adult's care, if any individual is, and if the individual is	2919
known;	2920

(3) The nature and extent of the alleged abuse, neglect, or	2921
exploitation of the adult;	2922

(4) The basis of the reporter's belief that the adult has	2923
been abused, neglected, or exploited.	2924

(D) Any person with reasonable cause to believe that an adult	2925
is suffering abuse, neglect, or exploitation who makes a report	2926
pursuant to this section or who testifies in any administrative or	2927
judicial proceeding arising from such a report, or any employee of	2928
the state or any of its subdivisions who is discharging	2929
responsibilities under section 5101.62 of the Revised Code shall	2930
be immune from civil or criminal liability on account of such	2931
investigation, report, or testimony, except liability for perjury,	2932
unless the person has acted in bad faith or with malicious	2933
purpose.	2934

(E) No employer or any other person with the authority to do	2935
so shall discharge, demote, transfer, prepare a negative work	2936
performance evaluation, or reduce benefits, pay, or work	2937
privileges, or take any other action detrimental to an employee or	2938
in any way retaliate against an employee as a result of the	2939
employee's having filed a report under this section.	2940

(F) Neither the written or oral report provided for in this	2941
section nor the investigatory report provided for in section	2942
5101.62 of the Revised Code shall be considered a public record as	2943
defined in section 149.43 of the Revised Code. Information	2944
contained in the report shall upon request be made available to	2945
the adult who is the subject of the report, to agencies authorized	2946
by the department to receive information contained in the report,	2947
and to legal counsel for the adult.	2948

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

2949

(1) "Law enforcement agency" means the state highway patrol,	2950
the police department of a municipal corporation, or a county	2951
sheriff.	2952

(2) "Abuse" has the same meaning as in section 5123.50 of the	2953
Revised Code, except that it includes a misappropriation, as	2954
defined in that section.	2955

(3) "Neglect" has the same meaning as in section 5123.50 of	2956
the Revised Code.	2957

(B) The department of developmental disabilities shall	2958
establish a registry office for the purpose of maintaining reports	2959
of abuse, neglect, and other major unusual incidents made to the	2960
department under this section and reports received from county	2961
boards of developmental disabilities under section 5126.31 of the	2962
Revised Code. The department shall establish committees to review	2963
reports of abuse, neglect, and other major unusual incidents.	2964

(C)(1) Any person listed in division (C)(2) of this section,	2965
having reason to believe that a person with mental retardation or	2966
a developmental disability has suffered or faces a substantial	2967
risk of suffering any wound, injury, disability, or condition of	2968
such a nature as to reasonably indicate abuse or neglect of that	2969
person, shall immediately report or cause reports to be made of	2970
such information to the entity specified in this division. Except	2971
as provided in section 5120.173 of the Revised Code or as	2972
otherwise provided in this division, the person making the report	2973
shall make it to a law enforcement agency or to the county board	2974
of developmental disabilities. If the report concerns a resident	2975
of a facility operated by the department of developmental	2976
disabilities the report shall be made either to a law enforcement	2977
agency or to the department. If the report concerns any act or	2978
omission of an employee of a county board of developmental	2979
disabilities, the report immediately shall be made to the	2980
department and to the county board.	2981

(2) All of the following persons are required to make a	2982
report under division (C)(1) of this section:	2983

(a) Any physician, including a hospital intern or resident,	2984
any dentist, podiatrist, chiropractor, practitioner of a limited	2985
branch of medicine as specified in section 4731.15 of the Revised	2986
Code, hospital administrator or employee of a hospital, nurse	2987
licensed under Chapter 4723. of the Revised Code, employee of an	2988
ambulatory health facility as defined in section 5101.61 of the	2989
Revised Code, employee of a home health agency, employee of an	2990
adult care facility licensed under Chapter 3722. of the Revised	2991
Code, or employee of a community mental health facility;	2992

(b) Any school teacher or school authority, professional	2993
clinical counselor, professional counselor, independent social	2994
worker, social worker, independent marriage and family therapist,	2995
marriage and family therapist, psychologist, attorney, peace	2996
officer, coroner, or residents' rights advocate as defined in	2997
section 3721.10 of the Revised Code;	2998

(c) A superintendent, board member, or employee of a county	2999
board of developmental disabilities; an administrator, board	3000
member, or employee of a residential facility licensed under	3001
section 5123.19 of the Revised Code; an administrator, board	3002
member, or employee of any other public or private provider of	3003
services to a person with mental retardation or a developmental	3004
disability, or any MR/DD employee, as defined in section 5123.50	3005
of the Revised Code;	3006

(d) A member of a citizen's advisory council established at	3007
an institution or branch institution of the department of	3008
developmental disabilities under section 5123.092 of the Revised	3009
Code;	3010

(e) A clergymanmember of the clergy who is employed in a	3011
position that includes providing specialized services to an	3012
individual with mental retardation or another developmental	3013
disability, while acting in an official or professional capacity	3014
in that position, or a person who is employed in a position that	3015
includes providing specialized services to an individual with	3016
mental retardation or another developmental disability and who,	3017
while acting in an official or professional capacity, renders	3018
spiritual treatment through prayer in accordance with the tenets	3019
of an organized religion.	3020

(3)(a) The reporting requirements of this division do not	3021
apply to employees of the Ohio protection and advocacy system.	3022

(b) An attorney or physician is not required to make a report	3023
pursuant to division (C)(1) of this section concerning any	3024
communication the attorney or physician receives from a client or	3025
patient in an attorney-client or physician-patient relationship,	3026
if, in accordance with division (A) or (B) of section 2317.02 of	3027
the Revised Code, the attorney or physician could not testify with	3028
respect to that communication in a civil or criminal proceeding,	3029
except that the client or patient is deemed to have waived any	3030
testimonial privilege under division (A) or (B) of section 2317.02	3031
of the Revised Code with respect to that communication and the	3032
attorney or physician shall make a report pursuant to division	3033
(C)(1) of this section, if both of the following apply:	3034

(i) The client or patient, at the time of the communication,	3035
is a person with mental retardation or a developmental disability.	3036

(ii) The attorney or physician knows or suspects, as a result	3037
of the communication or any observations made during that	3038
communication, that the client or patient has suffered or faces a	3039
substantial risk of suffering any wound, injury, disability, or	3040
condition of a nature that reasonably indicates abuse or neglect	3041
of the client or patient.	3042

(4) Any person who fails to make a report required under	3043
division (C) of this section and who is an MR/DD employee, as	3044
defined in section 5123.50 of the Revised Code, shall be eligible	3045
to be included in the registry regarding misappropriation, abuse,	3046
neglect, or other specified misconduct by MR/DD employees	3047
established under section 5123.52 of the Revised Code.	3048

(D) The reports required under division (C) of this section	3049
shall be made forthwith by telephone or in person and shall be	3050
followed by a written report. The reports shall contain the	3051
following:	3052

(1) The names and addresses of the person with mental	3053
retardation or a developmental disability and the person's	3054
custodian, if known;	3055

(2) The age of the person with mental retardation or a	3056
developmental disability;	3057

(3) Any other information that would assist in the	3058
investigation of the report.	3059

(E) When a physician performing services as a member of the	3060
staff of a hospital or similar institution has reason to believe	3061
that a person with mental retardation or a developmental	3062
disability has suffered injury, abuse, or physical neglect, the	3063
physician shall notify the person in charge of the institution or	3064
that person's designated delegate, who shall make the necessary	3065
reports.	3066

(F) Any person having reasonable cause to believe that a	3067
person with mental retardation or a developmental disability has	3068
suffered or faces a substantial risk of suffering abuse or neglect	3069
may report or cause a report to be made of that belief to the	3070
entity specified in this division. Except as provided in section	3071
5120.173 of the Revised Code or as otherwise provided in this	3072
division, the person making the report shall make it to a law	3073
enforcement agency or the county board of developmental	3074
disabilities. If the person is a resident of a facility operated	3075
by the department of developmental disabilities, the report shall	3076
be made to a law enforcement agency or to the department. If the	3077
report concerns any act or omission of an employee of a county	3078
board of developmental disabilities, the report immediately shall	3079
be made to the department and to the county board.	3080

(G)(1) Upon the receipt of a report concerning the possible	3081
abuse or neglect of a person with mental retardation or a	3082
developmental disability, the law enforcement agency shall inform	3083
the county board of developmental disabilities or, if the person	3084
is a resident of a facility operated by the department of	3085
developmental disabilities, the director of the department or the	3086
director's designee.	3087

(2) On receipt of a report under this section that includes	3088
an allegation of action or inaction that may constitute a crime	3089
under federal law or the law of this state, the department of	3090
developmental disabilities shall notify the law enforcement	3091
agency.	3092

(3) When a county board of developmental disabilities	3093
receives a report under this section that includes an allegation	3094
of action or inaction that may constitute a crime under federal	3095
law or the law of this state, the superintendent of the board or	3096
an individual the superintendent designates under division (H) of	3097
this section shall notify the law enforcement agency. The	3098
superintendent or individual shall notify the department of	3099
developmental disabilities when it receives any report under this	3100
section.	3101

(4) When a county board of developmental disabilities	3102
receives a report under this section and believes that the degree	3103
of risk to the person is such that the report is an emergency, the	3104
superintendent of the board or an employee of the board the	3105
superintendent designates shall attempt a face-to-face contact	3106
with the person with mental retardation or a developmental	3107
disability who allegedly is the victim within one hour of the	3108
board's receipt of the report.	3109

(H) The superintendent of the board may designate an	3110
individual to be responsible for notifying the law enforcement	3111
agency and the department when the county board receives a report	3112
under this section.	3113

(I) An adult with mental retardation or a developmental	3114
disability about whom a report is made may be removed from the	3115
adult's place of residence only by law enforcement officers who	3116
consider that the adult's immediate removal is essential to	3117
protect the adult from further injury or abuse or in accordance	3118
with the order of a court made pursuant to section 5126.33 of the	3119
Revised Code.	3120

(J) A law enforcement agency shall investigate each report of	3121
abuse or neglect it receives under this section. In addition, the	3122
department, in cooperation with law enforcement officials, shall	3123
investigate each report regarding a resident of a facility	3124
operated by the department to determine the circumstances	3125
surrounding the injury, the cause of the injury, and the person	3126
responsible. The investigation shall be in accordance with the	3127
memorandum of understanding prepared under section 5126.058 of the	3128
Revised Code. The department shall determine, with the registry	3129
office which shall be maintained by the department, whether prior	3130
reports have been made concerning an adult with mental retardation	3131
or a developmental disability or other principals in the case. If	3132
the department finds that the report involves action or inaction	3133
that may constitute a crime under federal law or the law of this	3134
state, it shall submit a report of its investigation, in writing,	3135
to the law enforcement agency. If the person with mental	3136
retardation or a developmental disability is an adult, with the	3137
consent of the adult, the department shall provide such protective	3138
services as are necessary to protect the adult. The law	3139
enforcement agency shall make a written report of its findings to	3140
the department.	3141

If the person is an adult and is not a resident of a facility	3142
operated by the department, the county board of developmental	3143
disabilities shall review the report of abuse or neglect in	3144
accordance with sections 5126.30 to 5126.33 of the Revised Code	3145
and the law enforcement agency shall make the written report of	3146
its findings to the county board.	3147

(K) Any person or any hospital, institution, school, health	3148
department, or agency participating in the making of reports	3149
pursuant to this section, any person participating as a witness in	3150
an administrative or judicial proceeding resulting from the	3151
reports, or any person or governmental entity that discharges	3152
responsibilities under sections 5126.31 to 5126.33 of the Revised	3153
Code shall be immune from any civil or criminal liability that	3154
might otherwise be incurred or imposed as a result of such actions	3155
except liability for perjury, unless the person or governmental	3156
entity has acted in bad faith or with malicious purpose.	3157

(L) No employer or any person with the authority to do so	3158
shall discharge, demote, transfer, prepare a negative work	3159
performance evaluation, reduce pay or benefits, terminate work	3160
privileges, or take any other action detrimental to an employee or	3161
retaliate against an employee as a result of the employee's having	3162
made a report under this section. This division does not preclude	3163
an employer or person with authority from taking action with	3164
regard to an employee who has made a report under this section if	3165
there is another reasonable basis for the action.	3166

(M) Reports made under this section are not public records as	3167
defined in section 149.43 of the Revised Code. Information	3168
contained in the reports on request shall be made available to the	3169
person who is the subject of the report, to the person's legal	3170
counsel, and to agencies authorized to receive information in the	3171
report by the department or by a county board of developmental	3172
disabilities.	3173

(N) Notwithstanding section 4731.22 of the Revised Code, the	3174
physician-patient privilege shall not be a ground for excluding	3175
evidence regarding the injuries or physical neglect of a person	3176
with mental retardation or a developmental disability or the cause	3177
thereof in any judicial proceeding resulting from a report	3178
submitted pursuant to this section.	3179

Section 2. That existing sections 1701.03, 1705.03, 1705.04,	3180
1705.53, 1785.01, 1785.02, 1785.03, 2305.234, 2305.51, 2921.22,	3181
3107.014, 3701.74, 3721.21, 4723.16, 4725.33, 4729.161, 4731.226,	3182
4731.65, 4732.28, 4734.17, 4755.471, 4757.03, 4757.10, 4757.16,	3183
4757.22, 4757.23, 4757.27, 4757.28, 4757.29, 4757.30, 4757.31,	3184
4757.33, 4757.36, 4757.41, 5101.61, and 5123.61 and section	3185
4757.12 of the Revised Code are hereby repealed.	3186

Section 3. Within one year after the effective date of this	3187
act, the Office of Collective Bargaining in the Department of	3188
Administrative Services shall implement division (C) of section	3189
4757.41 of the Revised Code as enacted by this act.	3190

Within ninety days after the effective date of this act, the	3191
Office of Collective Bargaining shall negotiate with each state	3192
agency and the affected union to reach a mutually agreeable	3193
resolution for employees impacted by the enactment of division (C)	3194
of section 4757.41 of the Revised Code.	3195

Notwithstanding divisions (A) and (D) of section 124.14 of	3196
the Revised Code or any other contrary provision of law, for	3197
employees in the service of the state exempt from Chapter 4117. of	3198
the Revised Code who are impacted by the enactment of division (C)	3199
of section 4757.41 of the Revised Code, the Director of	3200
Administrative Services may implement any or all of the provisions	3201
of the resolutions described in the preceding paragraph.	3202

The Director, within ninety days after the effective date of	3203
this act, shall develop and assign new classifications related to	3204
the enactment of division (C) of section 4757.41 of the Revised	3205
Code as needed and reassign impacted employees to appropriate	3206
classifications based on the employee's duties and qualifications.	3207

Section 4.  (A) As used in this section, "intermediate care	3208
facility for individuals with intellectual disabilities" and	3209
"ICF/IID" mean an intermediate care facility for the mentally	3210
retarded as defined in the "Social Security Act," section 1905(d),	3211
42 U.S.C. 1396d(d).	3212

(B) The Department of Developmental Disabilities may conduct	3213
or contract with another entity to conduct, for the first quarter	3214
of calendar year 2013, assessments of all residents of each	3215
ICF/IID, regardless of payment source, who are in the ICF/IID, or	3216
on hospital or therapeutic leave from the ICF/IID, on the last day	3217
of that quarter.	3218

(C) If assessments are conducted under division (B) of this	3219
section, the Department shall do all of the following:	3220

(1) In conducting the assessments, provide for the resident	3221
assessment instrument prescribed in rules authorized by division	3222
(B) of section 5111.232 of the Revised Code to be used in	3223
accordance with an inter-rater reliable process;	3224

(2) Use the data obtained from the assessments to determine	3225
each ICF/IID's case-mix score for the first quarter of calendar	3226
year 2013;	3227

(3) For the purpose of determining each ICF/IID's Medicaid	3228
rate for direct care costs for the first quarter of fiscal year	3229
2014 and subject to divisions (C)(8) and (E) of this section, use	3230
the ICF/IID's case-mix score determined under division (C)(2) of	3231
this section in making the calculation under division (D)(1) of	3232
section 5111.23 of the Revised Code;	3233

(4) For the purpose of determining each ICF/IID's fiscal year	3234
2015 Medicaid rates for direct care costs and subject to divisions	3235
(C)(8) and (E) of this section, use the following when	3236
determining, pursuant to the second paragraph of division (C) of	3237
section 5111.232 of the Revised Code each ICF/IID's annual average	3238
case-mix score for calendar year 2013:	3239

(a) For the first quarter of calendar year 2013, the	3240
ICF/IID's case-mix score determined under division (C)(2) of this	3241
section;	3242

(b) For the last three quarters of calendar year 2013 and	3243
except as provided in division (D) of section 5111.232 of the	3244
Revised Code, the ICF/IID's case-mix scores determined by using	3245
the data the ICF/IID provider compiles in accordance with the	3246
first paragraph of division (C) of section 5111.232 of the Revised	3247
Code.	3248

(5) Notify each ICF/IID provider that the provider is	3249
permitted but not required to compile assessment data for the	3250
first quarter of calendar year 2013 pursuant to the first	3251
paragraph of division (C) of section 5111.232 of the Revised Code;	3252

(6) After the assessments of all of an ICF/IID's residents	3253
are completed, provide, or have the entity (if any) with which the	3254
Department contracts pursuant to division (B) of this section	3255
provide, the results of the assessments to the ICF/IID provider;	3256

(7) Conduct, in accordance with division (C)(8) of this	3257
section, a hearing for any ICF/IID provider who does both of the	3258
following:	3259

(a) Submits a written request for the hearing to the	3260
Department not later than fifteen days after the provider receives	3261
the assessments' results pursuant to division (C)(6) of this	3262
section;	3263

(b) Includes in the request all of the following:

3264

(i) A detailed explanation of the items in the assessments'	3265
results that the provider disputes;	3266

(ii) Copies of relevant supporting documentation from	3267
specific resident records;	3268

(iii) The provider's proposed resolution of the disputes.

3269

(8) When conducting a hearing required by division (C)(7) of	3270
this section, do both of the following:	3271

(a) Consider all of the following:

3272

(i) The historic results of the resident assessments	3273
performed pursuant to the first paragraph of division (C) of	3274
section 5111.232 of the Revised Code by the ICF/IID provider who	3275
requested the hearing;	3276

(ii) All of the materials the provider includes in the	3277
hearing request;	3278

(iii) All other matters the Department determines necessary	3279
for consideration.	3280

(b) Issue a written decision regarding the hearing not later	3281
than the sooner of the following:	3282

(i) Thirty days after the Department receives the hearing	3283
request;	3284

(ii) June 1, 2013.

3285

(D) The Department's decision regarding a hearing required by	3286
division (C)(7) of this section is final and not subject to	3287
further appeal.	3288

(E) Regardless of what an ICF/IID's case-mix score is	3289
determined to be under division (C)(2) of this section or pursuant	3290
to a hearing required by division (C)(7) of this section, no such	3291
case-mix score shall cause either of the following to be less than	3292
ninety per cent of an ICF/IID's June 30, 2013, Medicaid rate for	3293
direct care costs:	3294

(1) The ICF/IID's Medicaid rate for direct care costs for the	3295
first quarter of fiscal year 2014;	3296

(2) The ICF/IID's fiscal year 2015 Medicaid rate for direct	3297
care costs.	3298

(F) No ICF/IID provider shall be treated as having failed,	3299
for the first quarter of calendar year 2013, to timely submit data	3300
necessary to determine the ICF/IID's case-mix score for that	3301
quarter if the assessment is to be conducted under division (B) of	3302
this section.	3303

(G) The Department may provide for assessments to be	3304
conducted under division (B) of this section and, if it so	3305
provides, shall comply with the other divisions of this section	3306
notwithstanding anything to the contrary in sections 5111.20,	3307
5111.23, and 5111.232 of the Revised Code.	3308