H. B. No. 232 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 232

Representatives Sears, Milkovich

Cosponsors: Representatives Gonzales, Hackett, Stebelton, Smith, Johnson, DeVitis, Letson, Ramos, Stinziano, Wachtmann, Cera, Pelanda, Stautberg

A BILL

To amend sections 1701.03, 1705.03, 1705.04, 1705.53,

1785.01, 1785.02, 1785.03, 2152.72, 2305.234,

2305.51, 2317.02, 2921.22, 2925.01, 2951.041,

3107.014, 3701.046, 3701.74, 3709.161, 3721.21,

3793.02, 3923.28, 3923.281, 3923.282, 3923.30,

3963.01, 4723.16, 4725.33, 4729.161, 4731.226,

4731.65, 4732.28, 4734.17, 4734.41, 4755.471,

4757.01, 4757.02, 4757.03, 4757.04, 4757.10,

4757.11, 4757.16, 4757.21, 4757.22, 4757.23,

4757.26, 4757.27, 4757.28, 4757.29, 4757.30,

4757.31, 4757.33, 4757.34, 4757.36, 4757.38,

4757.41, 4757.43, 4758.40, 4758.41, 4758.561,

4758.59, 4758.61, 4769.01, 5101.61, and 5123.61;

to enact sections 4757.13 and 4757.37; and to

repeal section 4757.12 of the Revised Code to

modify the laws governing professional counselors,

social workers, and marriage and family

therapists.

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

Section 1. That sections 1701.03, 1705.03, 1705.04, 1705.53,	19
1785.01, 1785.02, 1785.03, 2152.72, 2305.234, 2305.51, 2317.02,	20
2921.22, 2925.01, 2951.041, 3107.014, 3701.046, 3701.74, 3709.161,	21
3721.21, 3793.02, 3923.28, 3923.281, 3923.282, 3923.30, 3963.01,	22
4723.16, 4725.33, 4729.161, 4731.226, 4731.65, 4732.28, 4734.17,	23
4734.41, 4755.471, 4757.01, 4757.02, 4757.03, 4757.04, 4757.10,	24
4757.11, 4757.16, 4757.21, 4757.22, 4757.23, 4757.26, 4757.27,	25
4757.28, 4757.29, 4757.30, 4757.31, 4757.33, 4757.34, 4757.36,	26
4757.38, 4757.41, 4757.43, 4758.40, 4758.41, 4758.561, 4758.59,	27
4758.61, 4769.01, 5101.61, and 5123.61 be amended and sections	28
4757.13 and 4757.37 of the Revised Code be enacted to read as	29
follows:	30

Sec. 1701.03. (A) A corporation may be formed under this	31
chapter for any purpose or combination of purposes for which	32
individuals lawfully may associate themselves, except that, if the	33
Revised Code contains special provisions pertaining to the	34
formation of any designated type of corporation other than a	35
professional association, as defined in section 1785.01 of the	36
Revised Code, a corporation of that type shall be formed in	37
accordance with the special provisions.	38

(B) On and after July 1, 1994, a corporation may be formed	39
under this chapter for the purpose of carrying on the practice of	40
any profession, including, but not limited to, a corporation for	41
the purpose of providing public accounting or certified public	42
accounting services, a corporation for the erection, owning, and	43
conducting of a sanitarium for receiving and caring for patients,	44
medical and hygienic treatment of patients, and instruction of	45
nurses in the treatment of disease and in hygiene, a corporation	46
for the purpose of providing architectural, landscape	47
architectural, professional engineering, or surveying services or	48
any combination of those types of services, and a corporation for	49
the purpose of providing a combination of the professional	50
services, as defined in section 1785.01 of the Revised Code, of	51
optometrists authorized under Chapter 4725. of the Revised Code,	52
chiropractors authorized under Chapter 4734. of the Revised Code	53
to practice chiropractic or acupuncture, psychologists authorized	54
under Chapter 4732. of the Revised Code, registered or licensed	55
practical nurses authorized under Chapter 4723. of the Revised	56
Code, pharmacists authorized under Chapter 4729. of the Revised	57
Code, physical therapists authorized under sections 4755.40 to	58
4755.56 of the Revised Code, occupational therapists authorized	59
under sections 4755.04 to 4755.13 of the Revised Code,	60
mechanotherapists authorized under section 4731.151 of the Revised	61
Code, ~~and~~ doctors of medicine and surgery, osteopathic medicine	62
and surgery, or podiatric medicine and surgery authorized under	63
Chapter 4731. of the Revised Code, and licensed professional	64
clinical counselors, licensed professional counselors, independent	65
social workers, social workers, independent marriage and family	66
therapists, or marriage and family therapists authorized under	67
Chapter 4757. of the Revised Code.	68

This chapter does not restrict, limit, or otherwise affect	69
the authority or responsibilities of any agency, board,	70
commission, department, office, or other entity to license,	71
register, and otherwise regulate the professional conduct of	72
individuals or organizations of any kind rendering professional	73
services, as defined in section 1785.01 of the Revised Code, in	74
this state or to regulate the practice of any profession that is	75
within the jurisdiction of the agency, board, commission,	76
department, office, or other entity, notwithstanding that an	77
individual is a director, officer, employee, or other agent of a	78
corporation formed under this chapter and is rendering	79
professional services or engaging in the practice of a profession	80
through a corporation formed under this chapter or that the	81
organization is a corporation formed under this chapter.	82

(C) Nothing in division (A) or (B) of this section precludes	83
the organization of a professional association in accordance with	84
this chapter and Chapter 1785. of the Revised Code or the	85
formation of a limited liability company under Chapter 1705. of	86
the Revised Code with respect to a business, as defined in section	87
1705.01 of the Revised Code.	88

(D) No corporation formed for the purpose of providing a	89
combination of the professional services, as defined in section	90
1785.01 of the Revised Code, of optometrists authorized under	91
Chapter 4725. of the Revised Code, chiropractors authorized under	92
Chapter 4734. of the Revised Code to practice chiropractic or	93
acupuncture, psychologists authorized under Chapter 4732. of the	94
Revised Code, registered or licensed practical nurses authorized	95
under Chapter 4723. of the Revised Code, pharmacists authorized	96
under Chapter 4729. of the Revised Code, physical therapists	97
authorized under sections 4755.40 to 4755.56 of the Revised Code,	98
occupational therapists authorized under sections 4755.04 to	99
4755.13 of the Revised Code, mechanotherapists authorized under	100
section 4731.151 of the Revised Code, ~~and~~ doctors of medicine and	101
surgery, osteopathic medicine and surgery, or podiatric medicine	102
and surgery authorized under Chapter 4731. of the Revised Code,	103
and licensed professional clinical counselors, licensed	104
professional counselors, independent social workers, social	105
workers, independent marriage and family therapists, or marriage	106
and family therapists authorized under Chapter 4757. of the	107
Revised Code shall control the professional clinical judgment	108
exercised within accepted and prevailing standards of practice of	109
a licensed, certificated, or otherwise legally authorized	110
optometrist, chiropractor, chiropractor practicing acupuncture	111
through the state chiropractic board, psychologist, nurse,	112
pharmacist, physical therapist, occupational therapist,	113
mechanotherapist, or doctor of medicine and surgery, osteopathic	114
medicine and surgery, or podiatric medicine and surgery, licensed	115
professional clinical counselor, licensed professional counselor,	116
independent social worker, social worker, independent marriage and	117
family therapist, or marriage and family therapist in rendering	118
care, treatment, or professional advice to an individual patient.	119

This division does not prevent a hospital, as defined in	120
section 3727.01 of the Revised Code, insurer, as defined in	121
section 3999.36 of the Revised Code, or intermediary organization,	122
as defined in section 1751.01 of the Revised Code, from entering	123
into a contract with a corporation described in this division that	124
includes a provision requiring utilization review, quality	125
assurance, peer review, or other performance or quality standards.	126
Those activities shall not be construed as controlling the	127
professional clinical judgment of an individual practitioner	128
listed in this division.	129

Sec. 1705.03. (A) A limited liability company may sue and be	130
sued.	131

(B) Unless otherwise provided in its articles of	132
organization, a limited liability company may take property of any	133
description or any interest in property of any description by	134
gift, devise, or bequest and may make donations for the public	135
welfare or for charitable, scientific, or educational purposes.	136

(C) In carrying out the purposes stated in its articles of	137
organization or operating agreement and subject to limitations	138
prescribed by law or in its articles of organization or its	139
operating agreement, a limited liability company may do all of the	140
following:	141

(1) Purchase or otherwise acquire, lease as lessee or lessor,	142
invest in, hold, use, encumber, sell, exchange, transfer, and	143
dispose of property of any description or any interest in property	144
of any description;	145

(2) Make contracts;

146

(3) Form or acquire the control of other domestic or foreign	147
limited liability companies;	148

(4) Be a shareholder, partner, member, associate, or	149
participant in other profit or nonprofit enterprises or ventures;	150

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

151

(6) Render in this state and elsewhere a professional	152
service, the kinds of professional services authorized under	153
Chapters 4703. and 4733. of the Revised Code, or a combination of	154
the professional services of optometrists authorized under Chapter	155
4725. of the Revised Code, chiropractors authorized under Chapter	156
4734. of the Revised Code to practice chiropractic or acupuncture,	157
psychologists authorized under Chapter 4732. of the Revised Code,	158
registered or licensed practical nurses authorized under Chapter	159
4723. of the Revised Code, pharmacists authorized under Chapter	160
4729. of the Revised Code, physical therapists authorized under	161
sections 4755.40 to 4755.56 of the Revised Code, occupational	162
therapists authorized under sections 4755.04 to 4755.13 of the	163
Revised Code, mechanotherapists authorized under section 4731.151	164
of the Revised Code, ~~and~~ doctors of medicine and surgery,	165
osteopathic medicine and surgery, or podiatric medicine and	166
surgery authorized under Chapter 4731. of the Revised Code, and	167
licensed professional clinical counselors, licensed professional	168
counselors, independent social workers, social workers,	169
independent marriage and family therapists, or marriage and family	170
therapists authorized under Chapter 4757. of the Revised Code;	171

(7) Borrow money;

172

(8) Issue, sell, and pledge its notes, bonds, and other	173
evidences of indebtedness;	174

(9) Secure any of its obligations by mortgage, pledge, or	175
deed of trust of all or any of its property;	176

(10) Guarantee or secure obligations of any person;

177

(11) Do all things permitted by law and exercise all	178
authority within or incidental to the purposes stated in its	179
articles of organization.	180

(D) In addition to the authority conferred by division (C) of	181
this section and irrespective of the purposes stated in its	182
articles of organization or operating agreement but subject to any	183
limitations stated in those articles or its operating agreement, a	184
limited liability company may invest funds not currently needed in	185
its business in any securities if the investment does not cause	186
the company to acquire control of another enterprise whose	187
activities and operations are not incidental to the purposes	188
stated in the articles of organization of the company.	189

(E)(1) No lack of authority or limitation upon the authority	190
of a limited liability company shall be asserted in any action	191
except as follows:	192

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

193

(b) By or on behalf of the company in an action against a	194
manager, an officer, or any member as a member;	195

(c) By a member as a member in an action against the company,	196
a manager, an officer, or any member as a member;	197

(d) In an action involving an alleged improper issue of a	198
membership interest in the company.	199

(2) Division (E)(1) of this section applies to any action	200
commenced in this state upon any contract made in this state by a	201
foreign limited liability company.	202

Sec. 1705.04. (A) One or more persons, without regard to	203
residence, domicile, or state of organization, may form a limited	204
liability company. The articles of organization shall be signed	205
and filed with the secretary of state and shall set forth all of	206
the following:	207

(1) The name of the company;

208

(2) Except as provided in division (B) of this section, the	209
period of its duration, which may be perpetual;	210

(3) Any other provisions that are from the operating	211
agreement or that are not inconsistent with applicable law and	212
that the members elect to set out in the articles for the	213
regulation of the affairs of the company.	214

The legal existence of the company begins upon the filing of	215
the articles of organization or on a later date specified in the	216
articles of organization that is not more than ninety days after	217
the filing.	218

(B) If the articles of organization or operating agreement do	219
not set forth the period of the duration of the limited liability	220
company, its duration shall be perpetual.	221

(C) If a limited liability company is formed under this	222
chapter for the purpose of rendering a professional service, the	223
kinds of professional services authorized under Chapters 4703. and	224
4733. of the Revised Code, or a combination of the professional	225
services of optometrists authorized under Chapter 4725. of the	226
Revised Code, chiropractors authorized under Chapter 4734. of the	227
Revised Code to practice chiropractic or acupuncture,	228
psychologists authorized under Chapter 4732. of the Revised Code,	229
registered or licensed practical nurses authorized under Chapter	230
4723. of the Revised Code, pharmacists authorized under Chapter	231
4729. of the Revised Code, physical therapists authorized under	232
sections 4755.40 to 4755.56 of the Revised Code, occupational	233
therapists authorized under sections 4755.04 to 4755.13 of the	234
Revised Code, mechanotherapists authorized under section 4731.151	235
of the Revised Code, ~~and~~ doctors of medicine and surgery,	236
osteopathic medicine and surgery, or podiatric medicine and	237
surgery authorized under Chapter 4731. of the Revised Code, and	238
licensed professional clinical counselors, licensed professional	239
counselors, independent social workers, social workers,	240
independent marriage and family therapists, or marriage and family	241
therapists authorized under Chapter 4757. of the Revised Code the	242
following apply:	243

(1) Each member, employee, or other agent of the company who	244
renders a professional service in this state and, if the	245
management of the company is not reserved to its members, each	246
manager of the company who renders a professional service in this	247
state shall be licensed, certificated, or otherwise legally	248
authorized to render in this state the same kind of professional	249
service; if applicable, the kinds of professional services	250
authorized under Chapters 4703. and 4733. of the Revised Code; or,	251
if applicable, any of the kinds of professional services of	252
optometrists authorized under Chapter 4725. of the Revised Code,	253
chiropractors authorized under Chapter 4734. of the Revised Code	254
to practice chiropractic or acupuncture, psychologists authorized	255
under Chapter 4732. of the Revised Code, registered or licensed	256
practical nurses authorized under Chapter 4723. of the Revised	257
Code, pharmacists authorized under Chapter 4729. of the Revised	258
Code, physical therapists authorized under sections 4755.40 to	259
4755.56 of the Revised Code, occupational therapists authorized	260
under sections 4755.04 to 4755.13 of the Revised Code,	261
mechanotherapists authorized under section 4731.151 of the Revised	262
Code, or doctors of medicine and surgery, osteopathic medicine and	263
surgery, or podiatric medicine and surgery authorized under	264
Chapter 4731. of the Revised Code, or licensed professional	265
clinical counselors, licensed professional counselors, independent	266
social workers, social workers, independent marriage and family	267
therapists, or marriage and family therapists authorized under	268
Chapter 4757. of the Revised Code.	269

(2) Each member, employee, or other agent of the company who	270
renders a professional service in another state and, if the	271
management of the company is not reserved to its members, each	272
manager of the company who renders a professional service in	273
another state shall be licensed, certificated, or otherwise	274
legally authorized to render that professional service in the	275
other state.	276

(D) Except for the provisions of this chapter pertaining to	277
the personal liability of members, employees, or other agents of a	278
limited liability company and, if the management of the company is	279
not reserved to its members, the personal liability of managers of	280
the company, this chapter does not restrict, limit, or otherwise	281
affect the authority or responsibilities of any agency, board,	282
commission, department, office, or other entity to license,	283
certificate, register, and otherwise regulate the professional	284
conduct of individuals or organizations of any kind rendering	285
professional services in this state or to regulate the practice of	286
any profession that is within the jurisdiction of the agency,	287
board, commission, department, office, or other entity,	288
notwithstanding that the individual is a member or manager of a	289
limited liability company and is rendering the professional	290
services or engaging in the practice of the profession through the	291
limited liability company or that the organization is a limited	292
liability company.	293

(E) No limited liability company formed for the purpose of	294
providing a combination of the professional services, as defined	295
in section 1785.01 of the Revised Code, of optometrists authorized	296
under Chapter 4725. of the Revised Code, chiropractors authorized	297
under Chapter 4734. of the Revised Code to practice chiropractic	298
or acupuncture, psychologists authorized under Chapter 4732. of	299
the Revised Code, registered or licensed practical nurses	300
authorized under Chapter 4723. of the Revised Code, pharmacists	301
authorized under Chapter 4729. of the Revised Code, physical	302
therapists authorized under sections 4755.40 to 4755.56 of the	303
Revised Code, occupational therapists authorized under sections	304
4755.04 to 4755.13 of the Revised Code, mechanotherapists	305
authorized under section 4731.151 of the Revised Code, ~~and~~ doctors	306
of medicine and surgery, osteopathic medicine and surgery, or	307
podiatric medicine and surgery authorized under Chapter 4731. of	308
the Revised Code, and licensed professional clinical counselors,	309
licensed professional counselors, independent social workers,	310
social workers, independent marriage and family therapists, or	311
marriage and family therapists authorized under Chapter 4757. of	312
the Revised Code shall control the professional clinical judgment	313
exercised within accepted and prevailing standards of practice of	314
a licensed, certificated, or otherwise legally authorized	315
optometrist, chiropractor, chiropractor practicing acupuncture	316
through the state chiropractic board, psychologist, nurse,	317
pharmacist, physical therapist, occupational therapist,	318
mechanotherapist, or doctor of medicine and surgery, osteopathic	319
medicine and surgery, or podiatric medicine and surgery, licensed	320
professional clinical counselor, licensed professional counselor,	321
independent social worker, social worker, independent marriage and	322
family therapist, or marriage and family therapist in rendering	323
care, treatment, or professional advice to an individual patient.	324

This division does not prevent a hospital, as defined in	325
section 3727.01 of the Revised Code, insurer, as defined in	326
section 3999.36 of the Revised Code, or intermediary organization,	327
as defined in section 1751.01 of the Revised Code, from entering	328
into a contract with a limited liability company described in this	329
division that includes a provision requiring utilization review,	330
quality assurance, peer review, or other performance or quality	331
standards. Those activities shall not be construed as controlling	332
the professional clinical judgment of an individual practitioner	333
listed in this division.	334

Sec. 1705.53. Subject to any contrary provisions of the Ohio	335
Constitution, the laws of the state under which a foreign limited	336
liability company is organized govern its organization and	337
internal affairs and the liability of its members. A foreign	338
limited liability company may not be denied a certificate of	339
registration as a foreign limited liability company in this state	340
because of any difference between the laws of the state under	341
which it is organized and the laws of this state. However, a	342
foreign limited liability company that applies for registration	343
under this chapter to render a professional service in this state,	344
as a condition to obtaining and maintaining a certificate of	345
registration, shall comply with the requirements of division (C)	346
of section 1705.04 of the Revised Code and shall comply with the	347
requirements of Chapters 4703. and 4733. of the Revised Code if	348
the kinds of professional services authorized under those chapters	349
are to be rendered or with the requirements of Chapters 4723.,	350
4725., 4729., 4731., 4732., 4734., ~~and~~ 4755., and 4757. of the	351
Revised Code if a combination of the professional services of	352
optometrists authorized under Chapter 4725. of the Revised Code,	353
chiropractors authorized under Chapter 4734. of the Revised Code	354
to practice chiropractic or acupuncture, psychologists authorized	355
under Chapter 4732. of the Revised Code, registered or licensed	356
practical nurses authorized under Chapter 4723. of the Revised	357
Code, pharmacists authorized under Chapter 4729. of the Revised	358
Code, physical therapists authorized under sections 4755.40 to	359
4755.56 of the Revised Code, occupational therapists authorized	360
under sections 4755.04 to 4755.13 of the Revised Code,	361
mechanotherapists authorized under section 4731.151 of the Revised	362
Code, ~~and~~ doctors of medicine and surgery, osteopathic medicine	363
and surgery, or podiatric medicine and surgery authorized under	364
Chapter 4731. of the Revised Code, and licensed professional	365
clinical counselors, licensed professional counselors, independent	366
social workers, social workers, independent marriage and family	367
therapists, or marriage and family therapists authorized under	368
Chapter 4757. of the Revised Code are to be rendered.	369

Sec. 1785.01. As used in this chapter:

370

(A) "Professional service" means any type of professional	371
service that may be performed only pursuant to a license,	372
certificate, or other legal authorization issued pursuant to	373
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730.,	374
4731., 4732., 4733., 4734., or 4741., ~~sections 4755.04 to 4755.13,~~	375
~~or 4755.40 to 4755.56~~4755., or 4757. of the Revised Code to	376
certified public accountants, licensed public accountants,	377
architects, attorneys, dentists, nurses, optometrists,	378
pharmacists, physician assistants, doctors of medicine and	379
surgery, doctors of osteopathic medicine and surgery, doctors of	380
podiatric medicine and surgery, practitioners of the limited	381
branches of medicine specified in section 4731.15 of the Revised	382
Code, mechanotherapists, psychologists, professional engineers,	383
chiropractors, chiropractors practicing acupuncture through the	384
state chiropractic board, veterinarians, ~~occupational therapists,~~	385
physical therapists, ~~and~~ occupational therapists, licensed	386
professional clinical counselors, licensed professional	387
counselors, independent social workers, social workers,	388
independent marriage and family therapists, and marriage and	389
family therapists.	390

(B) "Professional association" means an association organized	391
under this chapter for the sole purpose of rendering one of the	392
professional services authorized under Chapter 4701., 4703.,	393
4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733.,	394
4734., or 4741., ~~sections 4755.04 to 4755.13, or 4755.40 to~~	395
~~4755.56~~4755., or 4757. of the Revised Code, a combination of the	396
professional services authorized under Chapters 4703. and 4733. of	397
the Revised Code, or a combination of the professional services of	398
optometrists authorized under Chapter 4725. of the Revised Code,	399
chiropractors authorized under Chapter 4734. of the Revised Code	400
to practice chiropractic or acupuncture, psychologists authorized	401
under Chapter 4732. of the Revised Code, registered or licensed	402
practical nurses authorized under Chapter 4723. of the Revised	403
Code, pharmacists authorized under Chapter 4729. of the Revised	404
Code, physical therapists authorized under sections 4755.40 to	405
4755.56 of the Revised Code, occupational therapists authorized	406
under sections 4755.04 to 4755.13 of the Revised Code,	407
mechanotherapists authorized under section 4731.151 of the Revised	408
Code, ~~and~~ doctors of medicine and surgery, osteopathic medicine	409
and surgery, or podiatric medicine and surgery authorized under	410
Chapter 4731. of the Revised Code, and licensed professional	411
clinical counselors, licensed professional counselors, independent	412
social workers, social workers, independent marriage and family	413
therapists, or marriage and family therapists authorized under	414
Chapter 4757. of the Revised Code.	415

Sec. 1785.02. An individual or group of individuals each of	416
whom is licensed, certificated, or otherwise legally authorized to	417
render within this state the same kind of professional service, a	418
group of individuals each of whom is licensed, certificated, or	419
otherwise legally authorized to render within this state the	420
professional service authorized under Chapter 4703. or 4733. of	421
the Revised Code, or a group of individuals each of whom is	422
licensed, certificated, or otherwise legally authorized to render	423
within this state the professional service of optometrists	424
authorized under Chapter 4725. of the Revised Code, chiropractors	425
authorized under Chapter 4734. of the Revised Code to practice	426
chiropractic or acupuncture, psychologists authorized under	427
Chapter 4732. of the Revised Code, registered or licensed	428
practical nurses authorized under Chapter 4723. of the Revised	429
Code, pharmacists authorized under Chapter 4729. of the Revised	430
Code, physical therapists authorized under sections 4755.40 to	431
4755.56 of the Revised Code, occupational therapists authorized	432
under sections 4755.04 to 4755.13 of the Revised Code,	433
mechanotherapists authorized under section 4731.151 of the Revised	434
Code, or doctors of medicine and surgery, osteopathic medicine and	435
surgery, or podiatric medicine and surgery authorized under	436
Chapter 4731. of the Revised Code, or licensed professional	437
clinical counselors, licensed professional counselors, independent	438
social workers, social workers, independent marriage and family	439
therapists, or marriage and family therapists authorized under	440
Chapter 4757. of the Revised Code may organize and become a	441
shareholder or shareholders of a professional association. Any	442
group of individuals described in this section who may be	443
rendering one of the professional services as an organization	444
created otherwise than pursuant to this chapter may incorporate	445
under and pursuant to this chapter by amending the agreement	446
establishing the organization in a manner that the agreement as	447
amended constitutes articles of incorporation prepared and filed	448
in the manner prescribed in section 1785.08 of the Revised Code	449
and by otherwise complying with the applicable requirements of	450
this chapter.	451

Sec. 1785.03. A professional association may render a	452
particular professional service only through officers, employees,	453
and agents who are themselves duly licensed, certificated, or	454
otherwise legally authorized to render the professional service	455
within this state. As used in this section, "employee" does not	456
include clerks, bookkeepers, technicians, or other individuals who	457
are not usually and ordinarily considered by custom and practice	458
to be rendering a particular professional service for which a	459
license, certificate, or other legal authorization is required and	460
does not include any other person who performs all of that	461
person's employment under the direct supervision and control of an	462
officer, agent, or employee who renders a particular professional	463
service to the public on behalf of the professional association.	464

No professional association formed for the purpose of	465
providing a combination of the professional services, as defined	466
in section 1785.01 of the Revised Code, of optometrists authorized	467
under Chapter 4725. of the Revised Code, chiropractors authorized	468
under Chapter 4734. of the Revised Code to practice chiropractic	469
or acupuncture, psychologists authorized under Chapter 4732. of	470
the Revised Code, registered or licensed practical nurses	471
authorized under Chapter 4723. of the Revised Code, pharmacists	472
authorized under Chapter 4729. of the Revised Code, physical	473
therapists authorized under sections 4755.40 to 4755.56 of the	474
Revised Code, occupational therapists authorized under sections	475
4755.04 to 4755.13 of the Revised Code, mechanotherapists	476
authorized under section 4731.151 of the Revised Code, ~~and~~ doctors	477
of medicine and surgery, osteopathic medicine and surgery, or	478
podiatric medicine and surgery authorized under Chapter 4731. of	479
the Revised Code, and licensed professional clinical counselors,	480
licensed professional counselors, independent social workers,	481
social workers, independent marriage and family therapists, or	482
marriage and family therapists authorized under Chapter 4757. of	483
the Revised Code shall control the professional clinical judgment	484
exercised within accepted and prevailing standards of practice of	485
a licensed, certificated, or otherwise legally authorized	486
optometrist, chiropractor, chiropractor practicing acupuncture	487
through the state chiropractic board, psychologist, nurse,	488
pharmacist, physical therapist, occupational therapist,	489
mechanotherapist, or doctor of medicine and surgery, osteopathic	490
medicine and surgery, or podiatric medicine and surgery, licensed	491
professional clinical counselor, licensed professional counselor,	492
independent social worker, social worker, independent marriage and	493
family therapist, or marriage and family therapist in rendering	494
care, treatment, or professional advice to an individual patient.	495

This division does not prevent a hospital, as defined in	496
section 3727.01 of the Revised Code, insurer, as defined in	497
section 3999.36 of the Revised Code, or intermediary organization,	498
as defined in section 1751.01 of the Revised Code, from entering	499
into a contract with a professional association described in this	500
division that includes a provision requiring utilization review,	501
quality assurance, peer review, or other performance or quality	502
standards. Those activities shall not be construed as controlling	503
the professional clinical judgment of an individual practitioner	504
listed in this division.	505

Sec. 2152.72. (A) This section applies only to a child who	506
is or previously has been adjudicated a delinquent child for an	507
act to which any of the following applies:	508

(1) The act is a violation of section 2903.01, 2903.02,	509
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or	510
2907.05 of the Revised Code.	511

(2) The act is a violation of section 2923.01 of the Revised	512
Code and involved an attempt to commit aggravated murder or	513
murder.	514

(3) The act would be a felony if committed by an adult, and	515
the court determined that the child, if an adult, would be guilty	516
of a specification found in section 2941.141, 2941.144, or	517
2941.145 of the Revised Code or in another section of the Revised	518
Code that relates to the possession or use of a firearm during the	519
commission of the act for which the child was adjudicated a	520
delinquent child.	521

(4) The act would be an offense of violence that is a felony	522
if committed by an adult, and the court determined that the child,	523
if an adult, would be guilty of a specification found in section	524
2941.1411 of the Revised Code or in another section of the Revised	525
Code that relates to the wearing or carrying of body armor during	526
the commission of the act for which the child was adjudicated a	527
delinquent child.	528

(B)(1) Except as provided in division (E) of this section, a	529
public children services agency, private child placing agency,	530
private noncustodial agency, or court, the department of youth	531
services, or another private or government entity shall not place	532
a child in a certified foster home or for adoption until it	533
provides the foster caregivers or prospective adoptive parents	534
with all of the following:	535

(a) A written report describing the child's social history;

536

(b) A written report describing all the acts committed by the	537
child the entity knows of that resulted in the child being	538
adjudicated a delinquent child and the disposition made by the	539
court, unless the records pertaining to the acts have been sealed	540
pursuant to section 2151.356 of the Revised Code;	541

(c) A written report describing any other violent act	542
committed by the child of which the entity is aware;	543

(d) The substantial and material conclusions and	544
recommendations of any psychiatric or psychological examination	545
conducted on the child or, if no psychological or psychiatric	546
examination of the child is available, the substantial and	547
material conclusions and recommendations of an examination to	548
detect mental and emotional disorders conducted in compliance with	549
the requirements of Chapter 4757. of the Revised Code by an	550
independent social worker, social worker, licensed professional	551
clinical counselor, or licensed professional counselor licensed	552
under that chapter. The entity shall not provide any part of a	553
psychological, psychiatric, or mental and emotional disorder	554
examination to the foster caregivers or prospective adoptive	555
parents other than the substantial and material conclusions.	556

(2) Notwithstanding sections 2151.356 to 2151.358 of the	557
Revised Code, if records of an adjudication that a child is a	558
delinquent child have been sealed pursuant to those sections and	559
an entity knows the records have been sealed, the entity shall	560
provide the foster caregivers or prospective adoptive parents a	561
written statement that the records of a prior adjudication have	562
been sealed.	563

(C)(1) The entity that places the child in a certified foster	564
home or for adoption shall conduct a psychological examination of	565
the child unless either of the following applies:	566

(a) An entity is not required to conduct the examination if	567
an examination was conducted no more than one year prior to the	568
child's placement, and division (C)(1)(b) of this section does not	569
apply.	570

(b) An entity is not required to conduct the examination if a	571
foster caregiver seeks to adopt the foster caregiver's foster	572
child, and an examination was conducted no more than two years	573
prior to the date the foster caregiver seeks to adopt the child.	574

(2) No later than sixty days after placing the child, the	575
entity shall provide the foster caregiver or prospective adoptive	576
parents a written report detailing the substantial and material	577
conclusions and recommendations of the examination conducted	578
pursuant to this division.	579

(D)(1) Except as provided in divisions (D)(2) and (3) of this	580
section, the expenses of conducting the examinations and preparing	581
the reports and assessment required by division (B) or (C) of this	582
section shall be paid by the entity that places the child in the	583
certified foster home or for adoption.	584

(2) When a juvenile court grants temporary or permanent	585
custody of a child pursuant to any section of the Revised Code,	586
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the	587
Revised Code, to a public children services agency or private	588
child placing agency, the court shall provide the agency the	589
information described in division (B) of this section, pay the	590
expenses of preparing that information, and, if a new examination	591
is required to be conducted, pay the expenses of conducting the	592
examination described in division (C) of this section. On receipt	593
of the information described in division (B) of this section, the	594
agency shall provide to the court written acknowledgment that the	595
agency received the information. The court shall keep the	596
acknowledgment and provide a copy to the agency. On the motion of	597
the agency, the court may terminate the order granting temporary	598
or permanent custody of the child to that agency, if the court	599
does not provide the information described in division (B) of this	600
section.	601

(3) If one of the following entities is placing a child in a	602
certified foster home or for adoption with the assistance of or by	603
contracting with a public children services agency, private child	604
placing agency, or a private noncustodial agency, the entity shall	605
provide the agency with the information described in division (B)	606
of this section, pay the expenses of preparing that information,	607
and, if a new examination is required to be conducted, pay the	608
expenses of conducting the examination described in division (C)	609
of this section:	610

(a) The department of youth services if the placement is	611
pursuant to any section of the Revised Code including section	612
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised	613
Code;	614

(b) A juvenile court with temporary or permanent custody of a	615
child pursuant to section 2151.354 or 2152.19 of the Revised Code;	616

(c) A public children services agency or private child	617
placing agency with temporary or permanent custody of the child.	618

The agency receiving the information described in division	619
(B) of this section shall provide the entity described in ~~division~~	620
divisions (D)(3)(a) to (c) of this section that sent the	621
information written acknowledgment that the agency received the	622
information and provided it to the foster caregivers or	623
prospective adoptive parents. The entity shall keep the	624
acknowledgment and provide a copy to the agency. An entity that	625
places a child in a certified foster home or for adoption with the	626
assistance of or by contracting with an agency remains responsible	627
to provide the information described in division (B) of this	628
section to the foster caregivers or prospective adoptive parents	629
unless the entity receives written acknowledgment that the agency	630
provided the information.	631

(E) If a child is placed in a certified foster home as a	632
result of an emergency removal of the child from home pursuant to	633
division (D) of section 2151.31 of the Revised Code, an emergency	634
change in the child's case plan pursuant to division (F)(3) of	635
section 2151.412 of the Revised Code, or an emergency placement by	636
the department of youth services pursuant to this chapter or	637
Chapter 5139. of the Revised Code, the entity that places the	638
child in the certified foster home shall provide the information	639
described in division (B) of this section no later than ninety-six	640
hours after the child is placed in the certified foster home.	641

(F) On receipt of the information described in divisions (B)	642
and (C) of this section, the foster caregiver or prospective	643
adoptive parents shall provide to the entity that places the child	644
in the foster caregiver's or prospective adoptive parents' home a	645
written acknowledgment that the foster caregiver or prospective	646
adoptive parents received the information. The entity shall keep	647
the acknowledgment and provide a copy to the foster caregiver or	648
prospective adoptive parents.	649

(G) No person employed by an entity subject to this section	650
and made responsible by that entity for the child's placement in a	651
certified foster home or for adoption shall fail to provide the	652
foster caregivers or prospective adoptive parents with the	653
information required by divisions (B) and (C) of this section.	654

(H) It is not a violation of any duty of confidentiality	655
provided for in the Revised Code or a code of professional	656
responsibility for a person or government entity to provide the	657
substantial and material conclusions and recommendations of a	658
psychiatric or psychological examination, or an examination to	659
detect mental and emotional disorders, in accordance with division	660
(B)(1)(d) or (C) of this section.	661

(I) As used in this section:

662

(1) "Body armor" has the same meaning as in section 2941.1411	663
of the Revised Code.	664

(2) "Firearm" has the same meaning as in section 2923.11 of	665
the Revised Code.	666

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

667

(1) "Chiropractic claim," "medical claim," and "optometric	668
claim" have the same meanings as in section 2305.113 of the	669
Revised Code.	670

(2) "Dental claim" has the same meaning as in section	671
2305.113 of the Revised Code, except that it does not include any	672
claim arising out of a dental operation or any derivative claim	673
for relief that arises out of a dental operation.	674

(3) "Governmental health care program" has the same meaning	675
as in section 4731.65 of the Revised Code.	676

(4) "Health care facility or location" means a hospital,	677
clinic, ambulatory surgical facility, office of a health care	678
professional or associated group of health care professionals,	679
training institution for health care professionals, or any other	680
place where medical, dental, or other health-related diagnosis,	681
care, or treatment is provided to a person.	682

(5) "Health care professional" means any of the following who	683
provide medical, dental, or other health-related diagnosis, care,	684
or treatment:	685

(a) Physicians authorized under Chapter 4731. of the Revised	686
Code to practice medicine and surgery or osteopathic medicine and	687
surgery;	688

(b) Registered nurses and licensed practical nurses licensed	689
under Chapter 4723. of the Revised Code and individuals who hold a	690
certificate of authority issued under that chapter that authorizes	691
the practice of nursing as a certified registered nurse	692
anesthetist, clinical nurse specialist, certified nurse-midwife,	693
or certified nurse practitioner;	694

(c) Physician assistants authorized to practice under Chapter	695
4730. of the Revised Code;	696

(d) Dentists and dental hygienists licensed under Chapter	697
4715. of the Revised Code;	698

(e) Physical therapists, physical therapist assistants,	699
occupational therapists, and occupational therapy assistants	700
licensed under Chapter 4755. of the Revised Code;	701

(f) Chiropractors licensed under Chapter 4734. of the Revised	702
Code;	703

(g) Optometrists licensed under Chapter 4725. of the Revised	704
Code;	705

(h) Podiatrists authorized under Chapter 4731. of the Revised	706
Code to practice podiatry;	707

(i) Dietitians licensed under Chapter 4759. of the Revised	708
Code;	709

(j) Pharmacists licensed under Chapter 4729. of the Revised	710
Code;	711

(k) Emergency medical technicians-basic, emergency medical	712
technicians-intermediate, and emergency medical	713
technicians-paramedic, certified under Chapter 4765. of the	714
Revised Code;	715

(l) Respiratory care professionals licensed under Chapter	716
4761. of the Revised Code;	717

(m) Speech-language pathologists and audiologists licensed	718
under Chapter 4753. of the Revised Code;	719

(n) ~~Professional~~Licensed professional clinical counselors,	720
licensed professional counselors, independent social workers,	721
social workers, independent marriage and family therapists, and	722
marriage and family therapists, licensed under Chapter 4757. of	723
the Revised Code;	724

(o) Psychologists licensed under Chapter 4732. of the Revised	725
Code;	726

(p) ~~Independent chemical dependency counselors, chemical~~	727
~~dependency counselors III, chemical dependency counselors II, and~~	728
~~chemical dependency counselors I, licensed under Chapter 4758. of~~	729
~~the Revised Code~~Individuals licensed or certified under Chapter	730
4758. of the Revised Code who are acting within the scope of their	731
license or certificate as members of the profession of chemical	732
dependency counseling or alcohol and other drug prevention	733
services.	734

(6) "Health care worker" means a person other than a health	735
care professional who provides medical, dental, or other	736
health-related care or treatment under the direction of a health	737
care professional with the authority to direct that individual's	738
activities, including medical technicians, medical assistants,	739
dental assistants, orderlies, aides, and individuals acting in	740
similar capacities.	741

(7) "Indigent and uninsured person" means a person who meets	742
all of the following requirements:	743

(a) The person's income is not greater than two hundred per	744
cent of the current poverty line as defined by the United States	745
office of management and budget and revised in accordance with	746
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	747
95 Stat. 511, 42 U.S.C. 9902, as amended.	748

(b) The person is not eligible to receive medical assistance	749
under Chapter 5111. of the Revised Code or assistance under any	750
other governmental health care program.	751

752

(i) The person is not a policyholder, certificate holder,	753
insured, contract holder, subscriber, enrollee, member,	754
beneficiary, or other covered individual under a health insurance	755
or health care policy, contract, or plan.	756

(ii) The person is a policyholder, certificate holder,	757
insured, contract holder, subscriber, enrollee, member,	758
beneficiary, or other covered individual under a health insurance	759
or health care policy, contract, or plan, but the insurer, policy,	760
contract, or plan denies coverage or is the subject of insolvency	761
or bankruptcy proceedings in any jurisdiction.	762

(8) "Nonprofit health care referral organization" means an	763
entity that is not operated for profit and refers patients to, or	764
arranges for the provision of, health-related diagnosis, care, or	765
treatment by a health care professional or health care worker.	766

(9) "Operation" means any procedure that involves cutting or	767
otherwise infiltrating human tissue by mechanical means, including	768
surgery, laser surgery, ionizing radiation, therapeutic	769
ultrasound, or the removal of intraocular foreign bodies.	770
"Operation" does not include the administration of medication by	771
injection, unless the injection is administered in conjunction	772
with a procedure infiltrating human tissue by mechanical means	773
other than the administration of medicine by injection.	774
"Operation" does not include routine dental restorative	775
procedures, the scaling of teeth, or extractions of teeth that are	776
not impacted.	777

(10) "Tort action" means a civil action for damages for	778
injury, death, or loss to person or property other than a civil	779
action for damages for a breach of contract or another agreement	780
between persons or government entities.	781

(11) "Volunteer" means an individual who provides any	782
medical, dental, or other health-care related diagnosis, care, or	783
treatment without the expectation of receiving and without receipt	784
of any compensation or other form of remuneration from an indigent	785
and uninsured person, another person on behalf of an indigent and	786
uninsured person, any health care facility or location, any	787
nonprofit health care referral organization, or any other person	788
or government entity.	789

(12) "Community control sanction" has the same meaning as in	790
section 2929.01 of the Revised Code.	791

(13) "Deep sedation" means a drug-induced depression of	792
consciousness during which a patient cannot be easily aroused but	793
responds purposefully following repeated or painful stimulation, a	794
patient's ability to independently maintain ventilatory function	795
may be impaired, a patient may require assistance in maintaining a	796
patent airway and spontaneous ventilation may be inadequate, and	797
cardiovascular function is usually maintained.	798

(14) "General anesthesia" means a drug-induced loss of	799
consciousness during which a patient is not arousable, even by	800
painful stimulation, the ability to independently maintain	801
ventilatory function is often impaired, a patient often requires	802
assistance in maintaining a patent airway, positive pressure	803
ventilation may be required because of depressed spontaneous	804
ventilation or drug-induced depression of neuromuscular function,	805
and cardiovascular function may be impaired.	806

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	807
health care professional who is a volunteer and complies with	808
division (B)(2) of this section is not liable in damages to any	809
person or government entity in a tort or other civil action,	810
including an action on a medical, dental, chiropractic,	811
optometric, or other health-related claim, for injury, death, or	812
loss to person or property that allegedly arises from an action or	813
omission of the volunteer in the provision to an indigent and	814
uninsured person of medical, dental, or other health-related	815
diagnosis, care, or treatment, including the provision of samples	816
of medicine and other medical products, unless the action or	817
omission constitutes willful or wanton misconduct.	818

(2) To qualify for the immunity described in division (B)(1)	819
of this section, a health care professional shall do all of the	820
following prior to providing diagnosis, care, or treatment:	821

(a) Determine, in good faith, that the indigent and uninsured	822
person is mentally capable of giving informed consent to the	823
provision of the diagnosis, care, or treatment and is not subject	824
to duress or under undue influence;	825

(b) Inform the person of the provisions of this section,	826
including notifying the person that, by giving informed consent to	827
the provision of the diagnosis, care, or treatment, the person	828
cannot hold the health care professional liable for damages in a	829
tort or other civil action, including an action on a medical,	830
dental, chiropractic, optometric, or other health-related claim,	831
unless the action or omission of the health care professional	832
constitutes willful or wanton misconduct;	833

(c) Obtain the informed consent of the person and a written	834
waiver, signed by the person or by another individual on behalf of	835
and in the presence of the person, that states that the person is	836
mentally competent to give informed consent and, without being	837
subject to duress or under undue influence, gives informed consent	838
to the provision of the diagnosis, care, or treatment subject to	839
the provisions of this section. A written waiver under division	840
(B)(2)(c) of this section shall state clearly and in conspicuous	841
type that the person or other individual who signs the waiver is	842
signing it with full knowledge that, by giving informed consent to	843
the provision of the diagnosis, care, or treatment, the person	844
cannot bring a tort or other civil action, including an action on	845
a medical, dental, chiropractic, optometric, or other	846
health-related claim, against the health care professional unless	847
the action or omission of the health care professional constitutes	848
willful or wanton misconduct.	849

(3) A physician or podiatrist who is not covered by medical	850
malpractice insurance, but complies with division (B)(2) of this	851
section, is not required to comply with division (A) of section	852
4731.143 of the Revised Code.	853

(C) Subject to divisions (F) and (G)(3) of this section,	854
health care workers who are volunteers are not liable in damages	855
to any person or government entity in a tort or other civil	856
action, including an action upon a medical, dental, chiropractic,	857
optometric, or other health-related claim, for injury, death, or	858
loss to person or property that allegedly arises from an action or	859
omission of the health care worker in the provision to an indigent	860
and uninsured person of medical, dental, or other health-related	861
diagnosis, care, or treatment, unless the action or omission	862
constitutes willful or wanton misconduct.	863

(D) Subject to divisions (F) and (G)(3) of this section, a	864
nonprofit health care referral organization is not liable in	865
damages to any person or government entity in a tort or other	866
civil action, including an action on a medical, dental,	867
chiropractic, optometric, or other health-related claim, for	868
injury, death, or loss to person or property that allegedly arises	869
from an action or omission of the nonprofit health care referral	870
organization in referring indigent and uninsured persons to, or	871
arranging for the provision of, medical, dental, or other	872
health-related diagnosis, care, or treatment by a health care	873
professional described in division (B)(1) of this section or a	874
health care worker described in division (C) of this section,	875
unless the action or omission constitutes willful or wanton	876
misconduct.	877

(E) Subject to divisions (F) and (G)(3) of this section and	878
to the extent that the registration requirements of section	879
3701.071 of the Revised Code apply, a health care facility or	880
location associated with a health care professional described in	881
division (B)(1) of this section, a health care worker described in	882
division (C) of this section, or a nonprofit health care referral	883
organization described in division (D) of this section is not	884
liable in damages to any person or government entity in a tort or	885
other civil action, including an action on a medical, dental,	886
chiropractic, optometric, or other health-related claim, for	887
injury, death, or loss to person or property that allegedly arises	888
from an action or omission of the health care professional or	889
worker or nonprofit health care referral organization relative to	890
the medical, dental, or other health-related diagnosis, care, or	891
treatment provided to an indigent and uninsured person on behalf	892
of or at the health care facility or location, unless the action	893
or omission constitutes willful or wanton misconduct.	894

(F)(1) Except as provided in division (F)(2) of this section,	895
the immunities provided by divisions (B), (C), (D), and (E) of	896
this section are not available to a health care professional,	897
health care worker, nonprofit health care referral organization,	898
or health care facility or location if, at the time of an alleged	899
injury, death, or loss to person or property, the health care	900
professionals or health care workers involved are providing one of	901
the following:	902

(a) Any medical, dental, or other health-related diagnosis,	903
care, or treatment pursuant to a community service work order	904
entered by a court under division (B) of section 2951.02 of the	905
Revised Code or imposed by a court as a community control	906
sanction;	907

(b) Performance of an operation to which any one of the	908
following applies:	909

(i) The operation requires the administration of deep	910
sedation or general anesthesia.	911

(ii) The operation is a procedure that is not typically	912
performed in an office.	913

(iii) The individual involved is a health care professional,	914
and the operation is beyond the scope of practice or the	915
education, training, and competence, as applicable, of the health	916
care professional.	917

(c) Delivery of a baby or any other purposeful termination of	918
a human pregnancy.	919

(2) Division (F)(1) of this section does not apply when a	920
health care professional or health care worker provides medical,	921
dental, or other health-related diagnosis, care, or treatment that	922
is necessary to preserve the life of a person in a medical	923
emergency.	924

(G)(1) This section does not create a new cause of action or	925
substantive legal right against a health care professional, health	926
care worker, nonprofit health care referral organization, or	927
health care facility or location.	928

(2) This section does not affect any immunities from civil	929
liability or defenses established by another section of the	930
Revised Code or available at common law to which a health care	931
professional, health care worker, nonprofit health care referral	932
organization, or health care facility or location may be entitled	933
in connection with the provision of emergency or other medical,	934
dental, or other health-related diagnosis, care, or treatment.	935

(3) This section does not grant an immunity from tort or	936
other civil liability to a health care professional, health care	937
worker, nonprofit health care referral organization, or health	938
care facility or location for actions that are outside the scope	939
of authority of health care professionals or health care workers.	940

(4) This section does not affect any legal responsibility of	941
a health care professional, health care worker, or nonprofit	942
health care referral organization to comply with any applicable	943
law of this state or rule of an agency of this state.	944

(5) This section does not affect any legal responsibility of	945
a health care facility or location to comply with any applicable	946
law of this state, rule of an agency of this state, or local code,	947
ordinance, or regulation that pertains to or regulates building,	948
housing, air pollution, water pollution, sanitation, health, fire,	949
zoning, or safety.	950

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

951

(a) "Civil Rights" has the same meaning as in section	952
5122.301 of the Revised Code.	953

(b) "Mental health client or patient" means an individual who	954
is receiving mental health services from a mental health	955
professional or organization.	956

(c) "Mental health organization" means an organization that	957
engages one or more mental health professionals to provide mental	958
health services to one or more mental health clients or patients.	959

(d) "Mental health professional" means an individual who is	960
licensed, certified, or registered under the Revised Code, or	961
otherwise authorized in this state, to provide mental health	962
services for compensation, remuneration, or other personal gain.	963

(e) "Mental health service" means a service provided to an	964
individual or group of individuals involving the application of	965
medical, psychiatric, psychological, professional counseling,	966
social work, marriage and family therapy, or nursing principles	967
or procedures to either of the following:	968

(i) The assessment, diagnosis, prevention, treatment, or	969
amelioration of mental, emotional, psychiatric, psychological, or	970
psychosocial disorders or diseases, as described in the most	971
recent edition of the diagnostic and statistical manual of mental	972
disorders published by the American psychiatric association;	973

(ii) The assessment or improvement of mental, emotional,	974
psychiatric, psychological, or psychosocial adjustment or	975
functioning, regardless of whether there is a diagnosable,	976
pre-existing disorder or disease.	977

(f) "Knowledgeable person" means an individual who has reason	978
to believe that a mental health client or patient has the intent	979
and ability to carry out an explicit threat of inflicting imminent	980
and serious physical harm to or causing the death of a clearly	981
identifiable potential victim or victims and who is either an	982
immediate family member of the client or patient or an individual	983
who otherwise personally knows the client or patient.	984

(2) For the purpose of this section, in the case of a threat	985
to a readily identifiable structure, "clearly identifiable	986
potential victim" includes any potential occupant of the	987
structure.	988

(B) A mental health professional or mental health	989
organization may be held liable in damages in a civil action, or	990
may be made subject to disciplinary action by an entity with	991
licensing or other regulatory authority over the professional or	992
organization, for serious physical harm or death resulting from	993
failing to predict, warn of, or take precautions to provide	994
protection from the violent behavior of a mental health client or	995
patient, only if the client or patient or a knowledgeable person	996
has communicated to the professional or organization an explicit	997
threat of inflicting imminent and serious physical harm to or	998
causing the death of one or more clearly identifiable potential	999
victims, the professional or organization has reason to believe	1000
that the client or patient has the intent and ability to carry out	1001
the threat, and the professional or organization fails to take one	1002
or more of the following actions in a timely manner:	1003

(1) Exercise any authority the professional or organization	1004
possesses to hospitalize the client or patient on an emergency	1005
basis pursuant to section 5122.10 of the Revised Code;	1006

(2) Exercise any authority the professional or organization	1007
possesses to have the client or patient involuntarily or	1008
voluntarily hospitalized under Chapter 5122. of the Revised Code;	1009

(3) Establish and undertake a documented treatment plan that	1010
is reasonably calculated, according to appropriate standards of	1011
professional practice, to eliminate the possibility that the	1012
client or patient will carry out the threat, and, concurrent with	1013
establishing and undertaking the treatment plan, initiate	1014
arrangements for a second opinion risk assessment through a	1015
management consultation about the treatment plan with, in the case	1016
of a mental health organization, the clinical director of the	1017
organization, or, in the case of a mental health professional who	1018
is not acting as part of a mental health organization, any mental	1019
health professional who is licensed to engage in independent	1020
practice;	1021

(4) Communicate to a law enforcement agency with jurisdiction	1022
in the area where each potential victim resides, where a structure	1023
threatened by a mental health client or patient is located, or	1024
where the mental health client or patient resides, and if	1025
feasible, communicate to each potential victim or a potential	1026
victim's parent or guardian if the potential victim is a minor or	1027
has been adjudicated incompetent, all of the following	1028
information:	1029

(a) The nature of the threat;

1030

(b) The identity of the mental health client or patient	1031
making the threat;	1032

1033

(C) All of the following apply when a mental health	1034
professional or organization takes one or more of the actions set	1035
forth in divisions (B)(1) to (4) of this section:	1036

(1) The mental health professional or organization shall	1037
consider each of the alternatives set forth and shall document the	1038
reasons for choosing or rejecting each alternative.	1039

(2) The mental health professional or organization may give	1040
special consideration to those alternatives which, consistent with	1041
public safety, would least abridge the rights of the mental health	1042
client or patient established under the Revised Code, including	1043
the rights specified in sections 5122.27 to 5122.31 of the Revised	1044
Code.	1045

(3) The mental health professional or organization is not	1046
required to take an action that, in the exercise of reasonable	1047
professional judgment, would physically endanger the professional	1048
or organization, increase the danger to a potential victim, or	1049
increase the danger to the mental health client or patient.	1050

(4) The mental health professional or organization is not	1051
liable in damages in a civil action, and shall not be made subject	1052
to disciplinary action by any entity with licensing or other	1053
regulatory authority over the professional or organization, for	1054
disclosing any confidential information about a mental health	1055
client or patient that is disclosed for the purpose of taking any	1056
of the actions.	1057

(D) The immunities from civil liability and disciplinary	1058
action conferred by this section are in addition to and not in	1059
limitation of any immunity conferred on a mental health	1060
professional or organization by any other section of the Revised	1061
Code or by judicial precedent.	1062

(E) This section does not affect the civil rights of a mental	1063
health client or patient under Ohio or federal law.	1064

Sec. 2317.02. The following persons shall not testify in	1065
certain respects:	1066

(A)(1) An attorney, concerning a communication made to the	1067
attorney by a client in that relation or concerning the attorney's	1068
advice to a client, except that the attorney may testify by	1069
express consent of the client or, if the client is deceased, by	1070
the express consent of the surviving spouse or the executor or	1071
administrator of the estate of the deceased client. However, if	1072
the client voluntarily reveals the substance of attorney-client	1073
communications in a nonprivileged context or is deemed by section	1074
2151.421 of the Revised Code to have waived any testimonial	1075
privilege under this division, the attorney may be compelled to	1076
testify on the same subject.	1077

The testimonial privilege established under this division	1078
does not apply concerning a communication between a client who has	1079
since died and the deceased client's attorney if the communication	1080
is relevant to a dispute between parties who claim through that	1081
deceased client, regardless of whether the claims are by testate	1082
or intestate succession or by inter vivos transaction, and the	1083
dispute addresses the competency of the deceased client when the	1084
deceased client executed a document that is the basis of the	1085
dispute or whether the deceased client was a victim of fraud,	1086
undue influence, or duress when the deceased client executed a	1087
document that is the basis of the dispute.	1088

(2) An attorney, concerning a communication made to the	1089
attorney by a client in that relationship or the attorney's advice	1090
to a client, except that if the client is an insurance company,	1091
the attorney may be compelled to testify, subject to an in camera	1092
inspection by a court, about communications made by the client to	1093
the attorney or by the attorney to the client that are related to	1094
the attorney's aiding or furthering an ongoing or future	1095
commission of bad faith by the client, if the party seeking	1096
disclosure of the communications has made a prima-facie showing of	1097
bad faith, fraud, or criminal misconduct by the client.	1098

(B)(1) A physician or a dentist concerning a communication	1099
made to the physician or dentist by a patient in that relation or	1100
the physician's or dentist's advice to a patient, except as	1101
otherwise provided in this division, division (B)(2), and division	1102
(B)(3) of this section, and except that, if the patient is deemed	1103
by section 2151.421 of the Revised Code to have waived any	1104
testimonial privilege under this division, the physician may be	1105
compelled to testify on the same subject.	1106

The testimonial privilege established under this division	1107
does not apply, and a physician or dentist may testify or may be	1108
compelled to testify, in any of the following circumstances:	1109

(a) In any civil action, in accordance with the discovery	1110
provisions of the Rules of Civil Procedure in connection with a	1111
civil action, or in connection with a claim under Chapter 4123. of	1112
the Revised Code, under any of the following circumstances:	1113

(i) If the patient or the guardian or other legal	1114
representative of the patient gives express consent;	1115

(ii) If the patient is deceased, the spouse of the patient or	1116
the executor or administrator of the patient's estate gives	1117
express consent;	1118

(iii) If a medical claim, dental claim, chiropractic claim,	1119
or optometric claim, as defined in section 2305.113 of the Revised	1120
Code, an action for wrongful death, any other type of civil	1121
action, or a claim under Chapter 4123. of the Revised Code is	1122
filed by the patient, the personal representative of the estate of	1123
the patient if deceased, or the patient's guardian or other legal	1124
representative.	1125

(b) In any civil action concerning court-ordered treatment or	1126
services received by a patient, if the court-ordered treatment or	1127
services were ordered as part of a case plan journalized under	1128
section 2151.412 of the Revised Code or the court-ordered	1129
treatment or services are necessary or relevant to dependency,	1130
neglect, or abuse or temporary or permanent custody proceedings	1131
under Chapter 2151. of the Revised Code.	1132

(c) In any criminal action concerning any test or the results	1133
of any test that determines the presence or concentration of	1134
alcohol, a drug of abuse, a combination of them, a controlled	1135
substance, or a metabolite of a controlled substance in the	1136
patient's whole blood, blood serum or plasma, breath, urine, or	1137
other bodily substance at any time relevant to the criminal	1138
offense in question.	1139

(d) In any criminal action against a physician or dentist. In	1140
such an action, the testimonial privilege established under this	1141
division does not prohibit the admission into evidence, in	1142
accordance with the Rules of Evidence, of a patient's medical or	1143
dental records or other communications between a patient and the	1144
physician or dentist that are related to the action and obtained	1145
by subpoena, search warrant, or other lawful means. A court that	1146
permits or compels a physician or dentist to testify in such an	1147
action or permits the introduction into evidence of patient	1148
records or other communications in such an action shall require	1149
that appropriate measures be taken to ensure that the	1150
confidentiality of any patient named or otherwise identified in	1151
the records is maintained. Measures to ensure confidentiality that	1152
may be taken by the court include sealing its records or deleting	1153
specific information from its records.	1154

(e)(i) If the communication was between a patient who has	1155
since died and the deceased patient's physician or dentist, the	1156
communication is relevant to a dispute between parties who claim	1157
through that deceased patient, regardless of whether the claims	1158
are by testate or intestate succession or by inter vivos	1159
transaction, and the dispute addresses the competency of the	1160
deceased patient when the deceased patient executed a document	1161
that is the basis of the dispute or whether the deceased patient	1162
was a victim of fraud, undue influence, or duress when the	1163
deceased patient executed a document that is the basis of the	1164
dispute.	1165

(ii) If neither the spouse of a patient nor the executor or	1166
administrator of that patient's estate gives consent under	1167
division (B)(1)(a)(ii) of this section, testimony or the	1168
disclosure of the patient's medical records by a physician,	1169
dentist, or other health care provider under division (B)(1)(e)(i)	1170
of this section is a permitted use or disclosure of protected	1171
health information, as defined in 45 C.F.R. 160.103, and an	1172
authorization or opportunity to be heard shall not be required.	1173

(iii) Division (B)(1)(e)(i) of this section does not require	1174
a mental health professional to disclose psychotherapy notes, as	1175
defined in 45 C.F.R. 164.501.	1176

(iv) An interested person who objects to testimony or	1177
disclosure under division (B)(1)(e)(i) of this section may seek a	1178
protective order pursuant to Civil Rule 26.	1179

(v) A person to whom protected health information is	1180
disclosed under division (B)(1)(e)(i) of this section shall not	1181
use or disclose the protected health information for any purpose	1182
other than the litigation or proceeding for which the information	1183
was requested and shall return the protected health information to	1184
the covered entity or destroy the protected health information,	1185
including all copies made, at the conclusion of the litigation or	1186
proceeding.	1187

(2)(a) If any law enforcement officer submits a written	1188
statement to a health care provider that states that an official	1189
criminal investigation has begun regarding a specified person or	1190
that a criminal action or proceeding has been commenced against a	1191
specified person, that requests the provider to supply to the	1192
officer copies of any records the provider possesses that pertain	1193
to any test or the results of any test administered to the	1194
specified person to determine the presence or concentration of	1195
alcohol, a drug of abuse, a combination of them, a controlled	1196
substance, or a metabolite of a controlled substance in the	1197
person's whole blood, blood serum or plasma, breath, or urine at	1198
any time relevant to the criminal offense in question, and that	1199
conforms to section 2317.022 of the Revised Code, the provider,	1200
except to the extent specifically prohibited by any law of this	1201
state or of the United States, shall supply to the officer a copy	1202
of any of the requested records the provider possesses. If the	1203
health care provider does not possess any of the requested	1204
records, the provider shall give the officer a written statement	1205
that indicates that the provider does not possess any of the	1206
requested records.	1207

(b) If a health care provider possesses any records of the	1208
type described in division (B)(2)(a) of this section regarding the	1209
person in question at any time relevant to the criminal offense in	1210
question, in lieu of personally testifying as to the results of	1211
the test in question, the custodian of the records may submit a	1212
certified copy of the records, and, upon its submission, the	1213
certified copy is qualified as authentic evidence and may be	1214
admitted as evidence in accordance with the Rules of Evidence.	1215
Division (A) of section 2317.422 of the Revised Code does not	1216
apply to any certified copy of records submitted in accordance	1217
with this division. Nothing in this division shall be construed to	1218
limit the right of any party to call as a witness the person who	1219
administered the test to which the records pertain, the person	1220
under whose supervision the test was administered, the custodian	1221
of the records, the person who made the records, or the person	1222
under whose supervision the records were made.	1223

(3)(a) If the testimonial privilege described in division	1224
(B)(1) of this section does not apply as provided in division	1225
(B)(1)(a)(iii) of this section, a physician or dentist may be	1226
compelled to testify or to submit to discovery under the Rules of	1227
Civil Procedure only as to a communication made to the physician	1228
or dentist by the patient in question in that relation, or the	1229
physician's or dentist's advice to the patient in question, that	1230
related causally or historically to physical or mental injuries	1231
that are relevant to issues in the medical claim, dental claim,	1232
chiropractic claim, or optometric claim, action for wrongful	1233
death, other civil action, or claim under Chapter 4123. of the	1234
Revised Code.	1235

(b) If the testimonial privilege described in division (B)(1)	1236
of this section does not apply to a physician or dentist as	1237
provided in division (B)(1)(c) of this section, the physician or	1238
dentist, in lieu of personally testifying as to the results of the	1239
test in question, may submit a certified copy of those results,	1240
and, upon its submission, the certified copy is qualified as	1241
authentic evidence and may be admitted as evidence in accordance	1242
with the Rules of Evidence. Division (A) of section 2317.422 of	1243
the Revised Code does not apply to any certified copy of results	1244
submitted in accordance with this division. Nothing in this	1245
division shall be construed to limit the right of any party to	1246
call as a witness the person who administered the test in	1247
question, the person under whose supervision the test was	1248
administered, the custodian of the results of the test, the person	1249
who compiled the results, or the person under whose supervision	1250
the results were compiled.	1251

(4) The testimonial privilege described in division (B)(1) of	1252
this section is not waived when a communication is made by a	1253
physician to a pharmacist or when there is communication between a	1254
patient and a pharmacist in furtherance of the physician-patient	1255
relation.	1256

(5)(a) As used in divisions (B)(1) to (4) of this section,	1257
"communication" means acquiring, recording, or transmitting any	1258
information, in any manner, concerning any facts, opinions, or	1259
statements necessary to enable a physician or dentist to diagnose,	1260
treat, prescribe, or act for a patient. A "communication" may	1261
include, but is not limited to, any medical or dental, office, or	1262
hospital communication such as a record, chart, letter,	1263
memorandum, laboratory test and results, x-ray, photograph,	1264
financial statement, diagnosis, or prognosis.	1265

(b) As used in division (B)(2) of this section, "health care	1266
provider" means a hospital, ambulatory care facility, long-term	1267
care facility, pharmacy, emergency facility, or health care	1268
practitioner.	1269

1270

(i) "Ambulatory care facility" means a facility that provides	1271
medical, diagnostic, or surgical treatment to patients who do not	1272
require hospitalization, including a dialysis center, ambulatory	1273
surgical facility, cardiac catheterization facility, diagnostic	1274
imaging center, extracorporeal shock wave lithotripsy center, home	1275
health agency, inpatient hospice, birthing center, radiation	1276
therapy center, emergency facility, and an urgent care center.	1277
"Ambulatory health care facility" does not include the private	1278
office of a physician or dentist, whether the office is for an	1279
individual or group practice.	1280

(ii) "Emergency facility" means a hospital emergency	1281
department or any other facility that provides emergency medical	1282
services.	1283

(iii) "Health care practitioner" has the same meaning as in	1284
section 4769.01 of the Revised Code.	1285

(iv) "Hospital" has the same meaning as in section 3727.01 of	1286
the Revised Code.	1287

(v) "Long-term care facility" means a nursing home,	1288
residential care facility, or home for the aging, as those terms	1289
are defined in section 3721.01 of the Revised Code; a residential	1290
facility licensed under section 5119.22 of the Revised Code that	1291
provides accommodations, supervision, and personal care services	1292
for three to sixteen unrelated adults; a nursing facility or	1293
intermediate care facility for the mentally retarded, as those	1294
terms are defined in section 5111.20 of the Revised Code; a	1295
facility or portion of a facility certified as a skilled nursing	1296
facility under Title XVIII of the "Social Security Act," 49 Stat.	1297
286 (1965), 42 U.S.C.A. 1395, as amended.	1298

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	1299
the Revised Code.	1300

(d) As used in divisions (B)(1) and (2) of this section,	1301
"drug of abuse" has the same meaning as in section 4506.01 of the	1302
Revised Code.	1303

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	1304
apply to doctors of medicine, doctors of osteopathic medicine,	1305
doctors of podiatry, and dentists.	1306

(7) Nothing in divisions (B)(1) to (6) of this section	1307
affects, or shall be construed as affecting, the immunity from	1308
civil liability conferred by section 307.628 of the Revised Code	1309
or the immunity from civil liability conferred by section 2305.33	1310
of the Revised Code upon physicians who report an employee's use	1311
of a drug of abuse, or a condition of an employee other than one	1312
involving the use of a drug of abuse, to the employer of the	1313
employee in accordance with division (B) of that section. As used	1314
in division (B)(7) of this section, "employee," "employer," and	1315
"physician" have the same meanings as in section 2305.33 of the	1316
Revised Code.	1317

(C)(1) A cleric, when the cleric remains accountable to the	1318
authority of that cleric's church, denomination, or sect,	1319
concerning a confession made, or any information confidentially	1320
communicated, to the cleric for a religious counseling purpose in	1321
the cleric's professional character. The cleric may testify by	1322
express consent of the person making the communication, except	1323
when the disclosure of the information is in violation of a sacred	1324
trust and except that, if the person voluntarily testifies or is	1325
deemed by division (A)(4)(c) of section 2151.421 of the Revised	1326
Code to have waived any testimonial privilege under this division,	1327
the cleric may be compelled to testify on the same subject except	1328
when disclosure of the information is in violation of a sacred	1329
trust.	1330

(2) As used in division (C) of this section:

1331

(a) "Cleric" means a member of the clergy, rabbi, priest,	1332
Christian Science practitioner, or regularly ordained, accredited,	1333
or licensed minister of an established and legally cognizable	1334
church, denomination, or sect.	1335

(b) "Sacred trust" means a confession or confidential	1336
communication made to a cleric in the cleric's ecclesiastical	1337
capacity in the course of discipline enjoined by the church to	1338
which the cleric belongs, including, but not limited to, the	1339
Catholic Church, if both of the following apply:	1340

(i) The confession or confidential communication was made	1341
directly to the cleric.	1342

(ii) The confession or confidential communication was made in	1343
the manner and context that places the cleric specifically and	1344
strictly under a level of confidentiality that is considered	1345
inviolate by canon law or church doctrine.	1346

(D) Husband or wife, concerning any communication made by one	1347
to the other, or an act done by either in the presence of the	1348
other, during coverture, unless the communication was made, or act	1349
done, in the known presence or hearing of a third person competent	1350
to be a witness; and such rule is the same if the marital relation	1351
has ceased to exist;	1352

(E) A person who assigns a claim or interest, concerning any	1353
matter in respect to which the person would not, if a party, be	1354
permitted to testify;	1355

(F) A person who, if a party, would be restricted under	1356
section 2317.03 of the Revised Code, when the property or thing is	1357
sold or transferred by an executor, administrator, guardian,	1358
trustee, heir, devisee, or legatee, shall be restricted in the	1359
same manner in any action or proceeding concerning the property or	1360
thing.	1361

(G)(1) A school guidance counselor who holds a valid educator	1362
license from the state board of education as provided for in	1363
section 3319.22 of the Revised Code, a person licensed under	1364
Chapter 4757. of the Revised Code as a licensed professional	1365
clinical counselor, licensed professional counselor, social	1366
worker, independent social worker, marriage and family therapist	1367
or independent marriage and family therapist, or registered under	1368
Chapter 4757. of the Revised Code as a social work assistant	1369
concerning a confidential communication received from a client in	1370
that relation or the person's advice to a client unless any of the	1371
following applies:	1372

(a) The communication or advice indicates clear and present	1373
danger to the client or other persons. For the purposes of this	1374
division, cases in which there are indications of present or past	1375
child abuse or neglect of the client constitute a clear and	1376
present danger.	1377

(b) The client gives express consent to the testimony.

1378

(c) If the client is deceased, the surviving spouse or the	1379
executor or administrator of the estate of the deceased client	1380
gives express consent.	1381

(d) The client voluntarily testifies, in which case the	1382
school guidance counselor or person licensed or registered under	1383
Chapter 4757. of the Revised Code may be compelled to testify on	1384
the same subject.	1385

(e) The court in camera determines that the information	1386
communicated by the client is not germane to the counselor-client,	1387
marriage and family therapist-client, or social worker-client	1388
relationship.	1389

(f) A court, in an action brought against a school, its	1390
administration, or any of its personnel by the client, rules after	1391
an in-camera inspection that the testimony of the school guidance	1392
counselor is relevant to that action.	1393

(g) The testimony is sought in a civil action and concerns	1394
court-ordered treatment or services received by a patient as part	1395
of a case plan journalized under section 2151.412 of the Revised	1396
Code or the court-ordered treatment or services are necessary or	1397
relevant to dependency, neglect, or abuse or temporary or	1398
permanent custody proceedings under Chapter 2151. of the Revised	1399
Code.	1400

(2) Nothing in division (G)(1) of this section shall relieve	1401
a school guidance counselor or a person licensed or registered	1402
under Chapter 4757. of the Revised Code from the requirement to	1403
report information concerning child abuse or neglect under section	1404
2151.421 of the Revised Code.	1405

(H) A mediator acting under a mediation order issued under	1406
division (A) of section 3109.052 of the Revised Code or otherwise	1407
issued in any proceeding for divorce, dissolution, legal	1408
separation, annulment, or the allocation of parental rights and	1409
responsibilities for the care of children, in any action or	1410
proceeding, other than a criminal, delinquency, child abuse, child	1411
neglect, or dependent child action or proceeding, that is brought	1412
by or against either parent who takes part in mediation in	1413
accordance with the order and that pertains to the mediation	1414
process, to any information discussed or presented in the	1415
mediation process, to the allocation of parental rights and	1416
responsibilities for the care of the parents' children, or to the	1417
awarding of parenting time rights in relation to their children;	1418

(I) A communications assistant, acting within the scope of	1419
the communication assistant's authority, when providing	1420
telecommunications relay service pursuant to section 4931.06 of	1421
the Revised Code or Title II of the "Communications Act of 1934,"	1422
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	1423
made through a telecommunications relay service. Nothing in this	1424
section shall limit the obligation of a communications assistant	1425
to divulge information or testify when mandated by federal law or	1426
regulation or pursuant to subpoena in a criminal proceeding.	1427

Nothing in this section shall limit any immunity or privilege	1428
granted under federal law or regulation.	1429

(J)(1) A chiropractor in a civil proceeding concerning a	1430
communication made to the chiropractor by a patient in that	1431
relation or the chiropractor's advice to a patient, except as	1432
otherwise provided in this division. The testimonial privilege	1433
established under this division does not apply, and a chiropractor	1434
may testify or may be compelled to testify, in any civil action,	1435
in accordance with the discovery provisions of the Rules of Civil	1436
Procedure in connection with a civil action, or in connection with	1437
a claim under Chapter 4123. of the Revised Code, under any of the	1438
following circumstances:	1439

(a) If the patient or the guardian or other legal	1440
representative of the patient gives express consent.	1441

(b) If the patient is deceased, the spouse of the patient or	1442
the executor or administrator of the patient's estate gives	1443
express consent.	1444

(c) If a medical claim, dental claim, chiropractic claim, or	1445
optometric claim, as defined in section 2305.113 of the Revised	1446
Code, an action for wrongful death, any other type of civil	1447
action, or a claim under Chapter 4123. of the Revised Code is	1448
filed by the patient, the personal representative of the estate of	1449
the patient if deceased, or the patient's guardian or other legal	1450
representative.	1451

(2) If the testimonial privilege described in division (J)(1)	1452
of this section does not apply as provided in division (J)(1)(c)	1453
of this section, a chiropractor may be compelled to testify or to	1454
submit to discovery under the Rules of Civil Procedure only as to	1455
a communication made to the chiropractor by the patient in	1456
question in that relation, or the chiropractor's advice to the	1457
patient in question, that related causally or historically to	1458
physical or mental injuries that are relevant to issues in the	1459
medical claim, dental claim, chiropractic claim, or optometric	1460
claim, action for wrongful death, other civil action, or claim	1461
under Chapter 4123. of the Revised Code.	1462

(3) The testimonial privilege established under this division	1463
does not apply, and a chiropractor may testify or be compelled to	1464
testify, in any criminal action or administrative proceeding.	1465

(4) As used in this division, "communication" means	1466
acquiring, recording, or transmitting any information, in any	1467
manner, concerning any facts, opinions, or statements necessary to	1468
enable a chiropractor to diagnose, treat, or act for a patient. A	1469
communication may include, but is not limited to, any	1470
chiropractic, office, or hospital communication such as a record,	1471
chart, letter, memorandum, laboratory test and results, x-ray,	1472
photograph, financial statement, diagnosis, or prognosis.	1473

(K)(1) Except as provided under division (K)(2) of this	1474
section, a critical incident stress management team member	1475
concerning a communication received from an individual who	1476
receives crisis response services from the team member, or the	1477
team member's advice to the individual, during a debriefing	1478
session.	1479

(2) The testimonial privilege established under division	1480
(K)(1) of this section does not apply if any of the following are	1481
true:	1482

(a) The communication or advice indicates clear and present	1483
danger to the individual who receives crisis response services or	1484
to other persons. For purposes of this division, cases in which	1485
there are indications of present or past child abuse or neglect of	1486
the individual constitute a clear and present danger.	1487

(b) The individual who received crisis response services	1488
gives express consent to the testimony.	1489

(c) If the individual who received crisis response services	1490
is deceased, the surviving spouse or the executor or administrator	1491
of the estate of the deceased individual gives express consent.	1492

(d) The individual who received crisis response services	1493
voluntarily testifies, in which case the team member may be	1494
compelled to testify on the same subject.	1495

(e) The court in camera determines that the information	1496
communicated by the individual who received crisis response	1497
services is not germane to the relationship between the individual	1498
and the team member.	1499

(f) The communication or advice pertains or is related to any	1500
criminal act.	1501

(3) As used in division (K) of this section:

1502

(a) "Crisis response services" means consultation, risk	1503
assessment, referral, and on-site crisis intervention services	1504
provided by a critical incident stress management team to	1505
individuals affected by crisis or disaster.	1506

(b) "Critical incident stress management team member" or	1507
"team member" means an individual specially trained to provide	1508
crisis response services as a member of an organized community or	1509
local crisis response team that holds membership in the Ohio	1510
critical incident stress management network.	1511

(c) "Debriefing session" means a session at which crisis	1512
response services are rendered by a critical incident stress	1513
management team member during or after a crisis or disaster.	1514

(L)(1) Subject to division (L)(2) of this section and except	1515
as provided in division (L)(3) of this section, an employee	1516
assistance professional, concerning a communication made to the	1517
employee assistance professional by a client in the employee	1518
assistance professional's official capacity as an employee	1519
assistance professional.	1520

(2) Division (L)(1) of this section applies to an employee	1521
assistance professional who meets either or both of the following	1522
requirements:	1523

(a) Is certified by the employee assistance certification	1524
commission to engage in the employee assistance profession;	1525

(b) Has education, training, and experience in all of the	1526
following:	1527

(i) Providing workplace-based services designed to address	1528
employer and employee productivity issues;	1529

(ii) Providing assistance to employees and employees'	1530
dependents in identifying and finding the means to resolve	1531
personal problems that affect the employees or the employees'	1532
performance;	1533

(iii) Identifying and resolving productivity problems	1534
associated with an employee's concerns about any of the following	1535
matters: health, marriage, family, finances, substance abuse or	1536
other addiction, workplace, law, and emotional issues;	1537

(iv) Selecting and evaluating available community resources;

1538

(v) Making appropriate referrals;

1539

(vi) Local and national employee assistance agreements;

1540

(vii) Client confidentiality.

1541

(3) Division (L)(1) of this section does not apply to any of	1542
the following:	1543

(a) A criminal action or proceeding involving an offense	1544
under sections 2903.01 to 2903.06 of the Revised Code if the	1545
employee assistance professional's disclosure or testimony relates	1546
directly to the facts or immediate circumstances of the offense;	1547

(b) A communication made by a client to an employee	1548
assistance professional that reveals the contemplation or	1549
commission of a crime or serious, harmful act;	1550

(c) A communication that is made by a client who is an	1551
unemancipated minor or an adult adjudicated to be incompetent and	1552
indicates that the client was the victim of a crime or abuse;	1553

(d) A civil proceeding to determine an individual's mental	1554
competency or a criminal action in which a plea of not guilty by	1555
reason of insanity is entered;	1556

(e) A civil or criminal malpractice action brought against	1557
the employee assistance professional;	1558

(f) When the employee assistance professional has the express	1559
consent of the client or, if the client is deceased or disabled,	1560
the client's legal representative;	1561

(g) When the testimonial privilege otherwise provided by	1562
division (L)(1) of this section is abrogated under law.	1563

Sec. 2921.22. (A)(1) Except as provided in division (A)(2)	1564
of this section, no person, knowing that a felony has been or is	1565
being committed, shall knowingly fail to report such information	1566
to law enforcement authorities.	1567

(2) No person, knowing that a violation of division (B) of	1568
section 2913.04 of the Revised Code has been, or is being	1569
committed or that the person has received information derived from	1570
such a violation, shall knowingly fail to report the violation to	1571
law enforcement authorities.	1572

(B) Except for conditions that are within the scope of	1573
division (E) of this section, no physician, limited practitioner,	1574
nurse, or other person giving aid to a sick or injured person	1575
shall negligently fail to report to law enforcement authorities	1576
any gunshot or stab wound treated or observed by the physician,	1577
limited practitioner, nurse, or person, or any serious physical	1578
harm to persons that the physician, limited practitioner, nurse,	1579
or person knows or has reasonable cause to believe resulted from	1580
an offense of violence.	1581

(C) No person who discovers the body or acquires the first	1582
knowledge of the death of a person shall fail to report the death	1583
immediately to a physician whom the person knows to be treating	1584
the deceased for a condition from which death at such time would	1585
not be unexpected, or to a law enforcement officer, an ambulance	1586
service, an emergency squad, or the coroner in a political	1587
subdivision in which the body is discovered, the death is believed	1588
to have occurred, or knowledge concerning the death is obtained.	1589

(D) No person shall fail to provide upon request of the	1590
person to whom a report required by division (C) of this section	1591
was made, or to any law enforcement officer who has reasonable	1592
cause to assert the authority to investigate the circumstances	1593
surrounding the death, any facts within the person's knowledge	1594
that may have a bearing on the investigation of the death.	1595

(E)(1) As used in this division, "burn injury" means any of	1596
the following:	1597

(a) Second or third degree burns;

1598

(b) Any burns to the upper respiratory tract or laryngeal	1599
edema due to the inhalation of superheated air;	1600

1601

(d) Any physical harm to persons caused by or as the result	1602
of the use of fireworks, novelties and trick noisemakers, and wire	1603
sparklers, as each is defined by section 3743.01 of the Revised	1604
Code.	1605

(2) No physician, nurse, or limited practitioner who, outside	1606
a hospital, sanitarium, or other medical facility, attends or	1607
treats a person who has sustained a burn injury that is inflicted	1608
by an explosion or other incendiary device or that shows evidence	1609
of having been inflicted in a violent, malicious, or criminal	1610
manner shall fail to report the burn injury immediately to the	1611
local arson, or fire and explosion investigation, bureau, if there	1612
is a bureau of this type in the jurisdiction in which the person	1613
is attended or treated, or otherwise to local law enforcement	1614
authorities.	1615

(3) No manager, superintendent, or other person in charge of	1616
a hospital, sanitarium, or other medical facility in which a	1617
person is attended or treated for any burn injury that is	1618
inflicted by an explosion or other incendiary device or that shows	1619
evidence of having been inflicted in a violent, malicious, or	1620
criminal manner shall fail to report the burn injury immediately	1621
to the local arson, or fire and explosion investigation, bureau,	1622
if there is a bureau of this type in the jurisdiction in which the	1623
person is attended or treated, or otherwise to local law	1624
enforcement authorities.	1625

(4) No person who is required to report any burn injury under	1626
division (E)(2) or (3) of this section shall fail to file, within	1627
three working days after attending or treating the victim, a	1628
written report of the burn injury with the office of the state	1629
fire marshal. The report shall comply with the uniform standard	1630
developed by the state fire marshal pursuant to division (A)(15)	1631
of section 3737.22 of the Revised Code.	1632

(5) Anyone participating in the making of reports under	1633
division (E) of this section or anyone participating in a judicial	1634
proceeding resulting from the reports is immune from any civil or	1635
criminal liability that otherwise might be incurred or imposed as	1636
a result of such actions. Notwithstanding section 4731.22 of the	1637
Revised Code, the physician-patient relationship is not a ground	1638
for excluding evidence regarding a person's burn injury or the	1639
cause of the burn injury in any judicial proceeding resulting from	1640
a report submitted under division (E) of this section.	1641

(F)(1) Any doctor of medicine or osteopathic medicine,	1642
hospital intern or resident, registered or licensed practical	1643
nurse, psychologist, social worker, independent social worker,	1644
social work assistant, licensed professional clinical counselor,	1645
orlicensed professional counselor, marriage and family	1646
therapist, or independent marriage and family therapist who knows	1647
or has reasonable cause to believe that a patient or client has	1648
been the victim of domestic violence, as defined in section	1649
3113.31 of the Revised Code, shall note that knowledge or belief	1650
and the basis for it in the patient's or client's records.	1651

(2) Notwithstanding section 4731.22 of the Revised Code, the	1652
doctor-patient privilege shall not be a ground for excluding any	1653
information regarding the report containing the knowledge or	1654
belief noted under division (F)(1) of this section, and the	1655
information may be admitted as evidence in accordance with the	1656
Rules of Evidence.	1657

(G) Divisions (A) and (D) of this section do not require	1658
disclosure of information, when any of the following applies:	1659

(1) The information is privileged by reason of the	1660
relationship between attorney and client; doctor and patient;	1661
licensed psychologist or licensed school psychologist and client;	1662
licensed professional clinical counselor, licensed professional	1663
counselor, independent social worker, social worker, independent	1664
marriage and family therapist, or marriage and family therapist	1665
and client; member of the clergy, rabbi, minister, or priest and	1666
any person communicating information confidentially to the member	1667
of the clergy, rabbi, minister, or priest for a religious	1668
counseling purpose of a professional character; husband and wife;	1669
or a communications assistant and those who are a party to a	1670
telecommunications relay service call.	1671

(2) The information would tend to incriminate a member of the	1672
actor's immediate family.	1673

(3) Disclosure of the information would amount to revealing a	1674
news source, privileged under section 2739.04 or 2739.12 of the	1675
Revised Code.	1676

(4) Disclosure of the information would amount to disclosure	1677
by a member of the ordained clergy of an organized religious body	1678
of a confidential communication made to that member of the clergy	1679
in that member's capacity as a member of the clergy by a person	1680
seeking the aid or counsel of that member of the clergy.	1681

(5) Disclosure would amount to revealing information acquired	1682
by the actor in the course of the actor's duties in connection	1683
with a bona fide program of treatment or services for drug	1684
dependent persons or persons in danger of drug dependence, which	1685
program is maintained or conducted by a hospital, clinic, person,	1686
agency, or organization certified pursuant to section 3793.06 of	1687
the Revised Code.	1688

(6) Disclosure would amount to revealing information acquired	1689
by the actor in the course of the actor's duties in connection	1690
with a bona fide program for providing counseling services to	1691
victims of crimes that are violations of section 2907.02 or	1692
2907.05 of the Revised Code or to victims of felonious sexual	1693
penetration in violation of former section 2907.12 of the Revised	1694
Code. As used in this division, "counseling services" include	1695
services provided in an informal setting by a person who, by	1696
education or experience, is competent to provide those services.	1697

(H) No disclosure of information pursuant to this section	1698
gives rise to any liability or recrimination for a breach of	1699
privilege or confidence.	1700

(I) Whoever violates division (A) or (B) of this section is	1701
guilty of failure to report a crime. Violation of division (A)(1)	1702
of this section is a misdemeanor of the fourth degree. Violation	1703
of division (A)(2) or (B) of this section is a misdemeanor of the	1704
second degree.	1705

(J) Whoever violates division (C) or (D) of this section is	1706
guilty of failure to report knowledge of a death, a misdemeanor of	1707
the fourth degree.	1708

(K)(1) Whoever negligently violates division (E) of this	1709
section is guilty of a minor misdemeanor.	1710

(2) Whoever knowingly violates division (E) of this section	1711
is guilty of a misdemeanor of the second degree.	1712

Sec. 2925.01. As used in this chapter:

1713

(A) "Administer," "controlled substance," "controlled	1714
substance analog," "dispense," "distribute," "hypodermic,"	1715
"manufacturer," "official written order," "person," "pharmacist,"	1716
"pharmacy," "sale," "schedule I," "schedule II," "schedule III,"	1717
"schedule IV," "schedule V," and "wholesaler" have the same	1718
meanings as in section 3719.01 of the Revised Code.	1719

(B) "Drug dependent person" and "drug of abuse" have the same	1720
meanings as in section 3719.011 of the Revised Code.	1721

(C) "Drug," "dangerous drug," "licensed health professional	1722
authorized to prescribe drugs," and "prescription" have the same	1723
meanings as in section 4729.01 of the Revised Code.	1724

(D) "Bulk amount" of a controlled substance means any of the	1725
following:	1726

(1) For any compound, mixture, preparation, or substance	1727
included in schedule I, schedule II, or schedule III, with the	1728
exception of controlled substance analogs, marihuana, cocaine,	1729
L.S.D., heroin, and hashish and except as provided in division	1730
(D)(2) or (5) of this section, whichever of the following is	1731
applicable:	1732

(a) An amount equal to or exceeding ten grams or twenty-five	1733
unit doses of a compound, mixture, preparation, or substance that	1734
is or contains any amount of a schedule I opiate or opium	1735
derivative;	1736

(b) An amount equal to or exceeding ten grams of a compound,	1737
mixture, preparation, or substance that is or contains any amount	1738
of raw or gum opium;	1739

(c) An amount equal to or exceeding thirty grams or ten unit	1740
doses of a compound, mixture, preparation, or substance that is or	1741
contains any amount of a schedule I hallucinogen other than	1742
tetrahydrocannabinol or lysergic acid amide, or a schedule I	1743
stimulant or depressant;	1744

(d) An amount equal to or exceeding twenty grams or five	1745
times the maximum daily dose in the usual dose range specified in	1746
a standard pharmaceutical reference manual of a compound, mixture,	1747
preparation, or substance that is or contains any amount of a	1748
schedule II opiate or opium derivative;	1749

(e) An amount equal to or exceeding five grams or ten unit	1750
doses of a compound, mixture, preparation, or substance that is or	1751
contains any amount of phencyclidine;	1752

(f) An amount equal to or exceeding one hundred twenty grams	1753
or thirty times the maximum daily dose in the usual dose range	1754
specified in a standard pharmaceutical reference manual of a	1755
compound, mixture, preparation, or substance that is or contains	1756
any amount of a schedule II stimulant that is in a final dosage	1757
form manufactured by a person authorized by the "Federal Food,	1758
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	1759
amended, and the federal drug abuse control laws, as defined in	1760
section 3719.01 of the Revised Code, that is or contains any	1761
amount of a schedule II depressant substance or a schedule II	1762
hallucinogenic substance;	1763

(g) An amount equal to or exceeding three grams of a	1764
compound, mixture, preparation, or substance that is or contains	1765
any amount of a schedule II stimulant, or any of its salts or	1766
isomers, that is not in a final dosage form manufactured by a	1767
person authorized by the Federal Food, Drug, and Cosmetic Act and	1768
the federal drug abuse control laws.	1769

(2) An amount equal to or exceeding one hundred twenty grams	1770
or thirty times the maximum daily dose in the usual dose range	1771
specified in a standard pharmaceutical reference manual of a	1772
compound, mixture, preparation, or substance that is or contains	1773
any amount of a schedule III or IV substance other than an	1774
anabolic steroid or a schedule III opiate or opium derivative;	1775

(3) An amount equal to or exceeding twenty grams or five	1776
times the maximum daily dose in the usual dose range specified in	1777
a standard pharmaceutical reference manual of a compound, mixture,	1778
preparation, or substance that is or contains any amount of a	1779
schedule III opiate or opium derivative;	1780

(4) An amount equal to or exceeding two hundred fifty	1781
milliliters or two hundred fifty grams of a compound, mixture,	1782
preparation, or substance that is or contains any amount of a	1783
schedule V substance;	1784

(5) An amount equal to or exceeding two hundred solid dosage	1785
units, sixteen grams, or sixteen milliliters of a compound,	1786
mixture, preparation, or substance that is or contains any amount	1787
of a schedule III anabolic steroid.	1788

(E) "Unit dose" means an amount or unit of a compound,	1789
mixture, or preparation containing a controlled substance that is	1790
separately identifiable and in a form that indicates that it is	1791
the amount or unit by which the controlled substance is separately	1792
administered to or taken by an individual.	1793

(F) "Cultivate" includes planting, watering, fertilizing, or	1794
tilling.	1795

(G) "Drug abuse offense" means any of the following:

1796

(1) A violation of division (A) of section 2913.02 that	1797
constitutes theft of drugs, or a violation of section 2925.02,	1798
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	1799
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	1800
2925.37 of the Revised Code;	1801

(2) A violation of an existing or former law of this or any	1802
other state or of the United States that is substantially	1803
equivalent to any section listed in division (G)(1) of this	1804
section;	1805

(3) An offense under an existing or former law of this or any	1806
other state, or of the United States, of which planting,	1807
cultivating, harvesting, processing, making, manufacturing,	1808
producing, shipping, transporting, delivering, acquiring,	1809
possessing, storing, distributing, dispensing, selling, inducing	1810
another to use, administering to another, using, or otherwise	1811
dealing with a controlled substance is an element;	1812

(4) A conspiracy to commit, attempt to commit, or complicity	1813
in committing or attempting to commit any offense under division	1814
(G)(1), (2), or (3) of this section.	1815

(H) "Felony drug abuse offense" means any drug abuse offense	1816
that would constitute a felony under the laws of this state, any	1817
other state, or the United States.	1818

(I) "Harmful intoxicant" does not include beer or	1819
intoxicating liquor but means any of the following:	1820

(1) Any compound, mixture, preparation, or substance the gas,	1821
fumes, or vapor of which when inhaled can induce intoxication,	1822
excitement, giddiness, irrational behavior, depression,	1823
stupefaction, paralysis, unconsciousness, asphyxiation, or other	1824
harmful physiological effects, and includes, but is not limited	1825
to, any of the following:	1826

(a) Any volatile organic solvent, plastic cement, model	1827
cement, fingernail polish remover, lacquer thinner, cleaning	1828
fluid, gasoline, or other preparation containing a volatile	1829
organic solvent;	1830

(b) Any aerosol propellant;

1831

1832

(d) Any anesthetic gas.

1833

(2) Gamma Butyrolactone;

1834

(3) 1,4 Butanediol.

1835

(J) "Manufacture" means to plant, cultivate, harvest,	1836
process, make, prepare, or otherwise engage in any part of the	1837
production of a drug, by propagation, extraction, chemical	1838
synthesis, or compounding, or any combination of the same, and	1839
includes packaging, repackaging, labeling, and other activities	1840
incident to production.	1841

(K) "Possess" or "possession" means having control over a	1842
thing or substance, but may not be inferred solely from mere	1843
access to the thing or substance through ownership or occupation	1844
of the premises upon which the thing or substance is found.	1845

(L) "Sample drug" means a drug or pharmaceutical preparation	1846
that would be hazardous to health or safety if used without the	1847
supervision of a licensed health professional authorized to	1848
prescribe drugs, or a drug of abuse, and that, at one time, had	1849
been placed in a container plainly marked as a sample by a	1850
manufacturer.	1851

(M) "Standard pharmaceutical reference manual" means the	1852
current edition, with cumulative changes if any, of references	1853
that are approved by the state board of pharmacy.	1854

(N) "Juvenile" means a person under eighteen years of age.

1855

(O) "Counterfeit controlled substance" means any of the	1856
following:	1857

(1) Any drug that bears, or whose container or label bears, a	1858
trademark, trade name, or other identifying mark used without	1859
authorization of the owner of rights to that trademark, trade	1860
name, or identifying mark;	1861

(2) Any unmarked or unlabeled substance that is represented	1862
to be a controlled substance manufactured, processed, packed, or	1863
distributed by a person other than the person that manufactured,	1864
processed, packed, or distributed it;	1865

(3) Any substance that is represented to be a controlled	1866
substance but is not a controlled substance or is a different	1867
controlled substance;	1868

(4) Any substance other than a controlled substance that a	1869
reasonable person would believe to be a controlled substance	1870
because of its similarity in shape, size, and color, or its	1871
markings, labeling, packaging, distribution, or the price for	1872
which it is sold or offered for sale.	1873

(P) An offense is "committed in the vicinity of a school" if	1874
the offender commits the offense on school premises, in a school	1875
building, or within one thousand feet of the boundaries of any	1876
school premises, regardless of whether the offender knows the	1877
offense is being committed on school premises, in a school	1878
building, or within one thousand feet of the boundaries of any	1879
school premises.	1880

(Q) "School" means any school operated by a board of	1881
education, any community school established under Chapter 3314. of	1882
the Revised Code, or any nonpublic school for which the state	1883
board of education prescribes minimum standards under section	1884
3301.07 of the Revised Code, whether or not any instruction,	1885
extracurricular activities, or training provided by the school is	1886
being conducted at the time a criminal offense is committed.	1887

(R) "School premises" means either of the following:

1888

(1) The parcel of real property on which any school is	1889
situated, whether or not any instruction, extracurricular	1890
activities, or training provided by the school is being conducted	1891
on the premises at the time a criminal offense is committed;	1892

(2) Any other parcel of real property that is owned or leased	1893
by a board of education of a school, the governing authority of a	1894
community school established under Chapter 3314. of the Revised	1895
Code, or the governing body of a nonpublic school for which the	1896
state board of education prescribes minimum standards under	1897
section 3301.07 of the Revised Code and on which some of the	1898
instruction, extracurricular activities, or training of the school	1899
is conducted, whether or not any instruction, extracurricular	1900
activities, or training provided by the school is being conducted	1901
on the parcel of real property at the time a criminal offense is	1902
committed.	1903

(S) "School building" means any building in which any of the	1904
instruction, extracurricular activities, or training provided by a	1905
school is conducted, whether or not any instruction,	1906
extracurricular activities, or training provided by the school is	1907
being conducted in the school building at the time a criminal	1908
offense is committed.	1909

(T) "Disciplinary counsel" means the disciplinary counsel	1910
appointed by the board of commissioners on grievances and	1911
discipline of the supreme court under the Rules for the Government	1912
of the Bar of Ohio.	1913

(U) "Certified grievance committee" means a duly constituted	1914
and organized committee of the Ohio state bar association or of	1915
one or more local bar associations of the state of Ohio that	1916
complies with the criteria set forth in Rule V, section 6 of the	1917
Rules for the Government of the Bar of Ohio.	1918

(V) "Professional license" means any license, permit,	1919
certificate, registration, qualification, admission, temporary	1920
license, temporary permit, temporary certificate, or temporary	1921
registration that is described in divisions (W)(1) to (36) of this	1922
section and that qualifies a person as a professionally licensed	1923
person.	1924

(W) "Professionally licensed person" means any of the	1925
following:	1926

(1) A person who has obtained a license as a manufacturer of	1927
controlled substances or a wholesaler of controlled substances	1928
under Chapter 3719. of the Revised Code;	1929

(2) A person who has received a certificate or temporary	1930
certificate as a certified public accountant or who has registered	1931
as a public accountant under Chapter 4701. of the Revised Code and	1932
who holds an Ohio permit issued under that chapter;	1933

(3) A person who holds a certificate of qualification to	1934
practice architecture issued or renewed and registered under	1935
Chapter 4703. of the Revised Code;	1936

(4) A person who is registered as a landscape architect under	1937
Chapter 4703. of the Revised Code or who holds a permit as a	1938
landscape architect issued under that chapter;	1939

(5) A person licensed under Chapter 4707. of the Revised	1940
Code;	1941

(6) A person who has been issued a certificate of	1942
registration as a registered barber under Chapter 4709. of the	1943
Revised Code;	1944

(7) A person licensed and regulated to engage in the business	1945
of a debt pooling company by a legislative authority, under	1946
authority of Chapter 4710. of the Revised Code;	1947

(8) A person who has been issued a cosmetologist's license,	1948
hair designer's license, manicurist's license, esthetician's	1949
license, natural hair stylist's license, managing cosmetologist's	1950
license, managing hair designer's license, managing manicurist's	1951
license, managing esthetician's license, managing natural hair	1952
stylist's license, cosmetology instructor's license, hair design	1953
instructor's license, manicurist instructor's license, esthetics	1954
instructor's license, natural hair style instructor's license,	1955
independent contractor's license, or tanning facility permit under	1956
Chapter 4713. of the Revised Code;	1957

(9) A person who has been issued a license to practice	1958
dentistry, a general anesthesia permit, a conscious intravenous	1959
sedation permit, a limited resident's license, a limited teaching	1960
license, a dental hygienist's license, or a dental hygienist's	1961
teacher's certificate under Chapter 4715. of the Revised Code;	1962

(10) A person who has been issued an embalmer's license, a	1963
funeral director's license, a funeral home license, or a crematory	1964
license, or who has been registered for an embalmer's or funeral	1965
director's apprenticeship under Chapter 4717. of the Revised Code;	1966

(11) A person who has been licensed as a registered nurse or	1967
practical nurse, or who has been issued a certificate for the	1968
practice of nurse-midwifery under Chapter 4723. of the Revised	1969
Code;	1970

(12) A person who has been licensed to practice optometry or	1971
to engage in optical dispensing under Chapter 4725. of the Revised	1972
Code;	1973

(13) A person licensed to act as a pawnbroker under Chapter	1974
4727. of the Revised Code;	1975

(14) A person licensed to act as a precious metals dealer	1976
under Chapter 4728. of the Revised Code;	1977

(15) A person licensed as a pharmacist, a pharmacy intern, a	1978
wholesale distributor of dangerous drugs, or a terminal	1979
distributor of dangerous drugs under Chapter 4729. of the Revised	1980
Code;	1981

(16) A person who is authorized to practice as a physician	1982
assistant under Chapter 4730. of the Revised Code;	1983

(17) A person who has been issued a certificate to practice	1984
medicine and surgery, osteopathic medicine and surgery, a limited	1985
branch of medicine, or podiatry under Chapter 4731. of the Revised	1986
Code;	1987

(18) A person licensed as a psychologist or school	1988
psychologist under Chapter 4732. of the Revised Code;	1989

(19) A person registered to practice the profession of	1990
engineering or surveying under Chapter 4733. of the Revised Code;	1991

(20) A person who has been issued a license to practice	1992
chiropractic under Chapter 4734. of the Revised Code;	1993

(21) A person licensed to act as a real estate broker or real	1994
estate salesperson under Chapter 4735. of the Revised Code;	1995

(22) A person registered as a registered sanitarian under	1996
Chapter 4736. of the Revised Code;	1997

(23) A person licensed to operate or maintain a junkyard	1998
under Chapter 4737. of the Revised Code;	1999

(24) A person who has been issued a motor vehicle salvage	2000
dealer's license under Chapter 4738. of the Revised Code;	2001

(25) A person who has been licensed to act as a steam	2002
engineer under Chapter 4739. of the Revised Code;	2003

(26) A person who has been issued a license or temporary	2004
permit to practice veterinary medicine or any of its branches, or	2005
who is registered as a graduate animal technician under Chapter	2006
4741. of the Revised Code;	2007

(27) A person who has been issued a hearing aid dealer's or	2008
fitter's license or trainee permit under Chapter 4747. of the	2009
Revised Code;	2010

(28) A person who has been issued a class A, class B, or	2011
class C license or who has been registered as an investigator or	2012
security guard employee under Chapter 4749. of the Revised Code;	2013

(29) A person licensed and registered to practice as a	2014
nursing home administrator under Chapter 4751. of the Revised	2015
Code;	2016

(30) A person licensed to practice as a speech-language	2017
pathologist or audiologist under Chapter 4753. of the Revised	2018
Code;	2019

(31) A person issued a license as an occupational therapist	2020
or physical therapist under Chapter 4755. of the Revised Code;	2021

(32) A person who is licensed as a licensed professional	2022
clinical counselor or licensed professional counselor, licensed as	2023
a social worker or independent social worker, or registered as a	2024
social work assistant under Chapter 4757. of the Revised Code;	2025

(33) A person issued a license to practice dietetics under	2026
Chapter 4759. of the Revised Code;	2027

(34) A person who has been issued a license or limited permit	2028
to practice respiratory therapy under Chapter 4761. of the Revised	2029
Code;	2030

(35) A person who has been issued a real estate appraiser	2031
certificate under Chapter 4763. of the Revised Code;	2032

(36) A person who has been admitted to the bar by order of	2033
the supreme court in compliance with its prescribed and published	2034
rules.	2035

(X) "Cocaine" means any of the following:

2036

(1) A cocaine salt, isomer, or derivative, a salt of a	2037
cocaine isomer or derivative, or the base form of cocaine;	2038

(2) Coca leaves or a salt, compound, derivative, or	2039
preparation of coca leaves, including ecgonine, a salt, isomer, or	2040
derivative of ecgonine, or a salt of an isomer or derivative of	2041
ecgonine;	2042

(3) A salt, compound, derivative, or preparation of a	2043
substance identified in division (X)(1) or (2) of this section	2044
that is chemically equivalent to or identical with any of those	2045
substances, except that the substances shall not include	2046
decocainized coca leaves or extraction of coca leaves if the	2047
extractions do not contain cocaine or ecgonine.	2048

(Y) "L.S.D." means lysergic acid diethylamide.

2049

(Z) "Hashish" means the resin or a preparation of the resin	2050
contained in marihuana, whether in solid form or in a liquid	2051
concentrate, liquid extract, or liquid distillate form.	2052

(AA) "Marihuana" has the same meaning as in section 3719.01	2053
of the Revised Code, except that it does not include hashish.	2054

(BB) An offense is "committed in the vicinity of a juvenile"	2055
if the offender commits the offense within one hundred feet of a	2056
juvenile or within the view of a juvenile, regardless of whether	2057
the offender knows the age of the juvenile, whether the offender	2058
knows the offense is being committed within one hundred feet of or	2059
within view of the juvenile, or whether the juvenile actually	2060
views the commission of the offense.	2061

(CC) "Presumption for a prison term" or "presumption that a	2062
prison term shall be imposed" means a presumption, as described in	2063
division (D) of section 2929.13 of the Revised Code, that a prison	2064
term is a necessary sanction for a felony in order to comply with	2065
the purposes and principles of sentencing under section 2929.11 of	2066
the Revised Code.	2067

(DD) "Major drug offender" has the same meaning as in section	2068
2929.01 of the Revised Code.	2069

(EE) "Minor drug possession offense" means either of the	2070
following:	2071

(1) A violation of section 2925.11 of the Revised Code as it	2072
existed prior to July 1, 1996;	2073

(2) A violation of section 2925.11 of the Revised Code as it	2074
exists on and after July 1, 1996, that is a misdemeanor or a	2075
felony of the fifth degree.	2076

(FF) "Mandatory prison term" has the same meaning as in	2077
section 2929.01 of the Revised Code.	2078

(GG) "Adulterate" means to cause a drug to be adulterated as	2079
described in section 3715.63 of the Revised Code.	2080

(HH) "Public premises" means any hotel, restaurant, tavern,	2081
store, arena, hall, or other place of public accommodation,	2082
business, amusement, or resort.	2083

(II) "Methamphetamine" means methamphetamine, any salt,	2084
isomer, or salt of an isomer of methamphetamine, or any compound,	2085
mixture, preparation, or substance containing methamphetamine or	2086
any salt, isomer, or salt of an isomer of methamphetamine.	2087

(JJ) "Lawful prescription" means a prescription that is	2088
issued for a legitimate medical purpose by a licensed health	2089
professional authorized to prescribe drugs, that is not altered or	2090
forged, and that was not obtained by means of deception or by the	2091
commission of any theft offense.	2092

(KK) "Deception" and "theft offense" have the same meanings	2093
as in section 2913.01 of the Revised Code.	2094

Sec. 2951.041. (A)(1) If an offender is charged with a	2095
criminal offense, including but not limited to a violation of	2096
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	2097
the Revised Code, and the court has reason to believe that drug or	2098
alcohol usage by the offender was a factor leading to the criminal	2099
offense with which the offender is charged or that, at the time of	2100
committing that offense, the offender had a mental illness or was	2101
a person with intellectual disability and that the mental illness	2102
or status as a person with intellectual disability was a factor	2103
leading to the offender's criminal behavior, the court may accept,	2104
prior to the entry of a guilty plea, the offender's request for	2105
intervention in lieu of conviction. The request shall include a	2106
statement from the offender as to whether the offender is alleging	2107
that drug or alcohol usage by the offender was a factor leading to	2108
the criminal offense with which the offender is charged or is	2109
alleging that, at the time of committing that offense, the	2110
offender had a mental illness or was a person with intellectual	2111
disability and that the mental illness or status as a person with	2112
intellectual disability was a factor leading to the criminal	2113
offense with which the offender is charged. The request also shall	2114
include a waiver of the defendant's right to a speedy trial, the	2115
preliminary hearing, the time period within which the grand jury	2116
may consider an indictment against the offender, and arraignment,	2117
unless the hearing, indictment, or arraignment has already	2118
occurred. The court may reject an offender's request without a	2119
hearing. If the court elects to consider an offender's request,	2120
the court shall conduct a hearing to determine whether the	2121
offender is eligible under this section for intervention in lieu	2122
of conviction and shall stay all criminal proceedings pending the	2123
outcome of the hearing. If the court schedules a hearing, the	2124
court shall order an assessment of the offender for the purpose of	2125
determining the offender's eligibility for intervention in lieu of	2126
conviction and recommending an appropriate intervention plan.	2127

If the offender alleges that drug or alcohol usage by the	2128
offender was a factor leading to the criminal offense with which	2129
the offender is charged, the court may order that the offender be	2130
assessed by a program certified pursuant to section 3793.06 of the	2131
Revised Code or a properly credentialed professional for the	2132
purpose of determining the offender's eligibility for intervention	2133
in lieu of conviction and recommending an appropriate intervention	2134
plan. The program or the properly credentialed professional shall	2135
provide a written assessment of the offender to the court.	2136

(2) The victim notification provisions of division (C) of	2137
section 2930.08 of the Revised Code apply in relation to any	2138
hearing held under division (A)(1) of this section.	2139

(B) An offender is eligible for intervention in lieu of	2140
conviction if the court finds all of the following:	2141

(1) The offender previously has not been convicted of or	2142
pleaded guilty to a felony offense of violence or previously has	2143
been convicted of or pleaded guilty to any felony that is not an	2144
offense of violence and the prosecuting attorney recommends that	2145
the offender be found eligible for participation in intervention	2146
in lieu of treatment under this section, previously has not been	2147
through intervention in lieu of conviction under this section or	2148
any similar regimen, and is charged with a felony for which the	2149
court, upon conviction, would impose a community control sanction	2150
on the offender under division (B)(2) of section 2929.13 of the	2151
Revised Code or with a misdemeanor.	2152

(2) The offense is not a felony of the first, second, or	2153
third degree, is not an offense of violence, is not a violation of	2154
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	2155
not a violation of division (A)(1) of section 2903.08 of the	2156
Revised Code, is not a violation of division (A) of section	2157
4511.19 of the Revised Code or a municipal ordinance that is	2158
substantially similar to that division, and is not an offense for	2159
which a sentencing court is required to impose a mandatory prison	2160
term, a mandatory term of local incarceration, or a mandatory term	2161
of imprisonment in a jail.	2162

(3) The offender is not charged with a violation of section	2163
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	2164
with a violation of section 2925.03 of the Revised Code that is a	2165
felony of the first, second, third, or fourth degree, and is not	2166
charged with a violation of section 2925.11 of the Revised Code	2167
that is a felony of the first, second, or third degree.	2168

(4) If an offender alleges that drug or alcohol usage by the	2169
offender was a factor leading to the criminal offense with which	2170
the offender is charged, the court has ordered that the offender	2171
be assessed by a program certified pursuant to section 3793.06 of	2172
the Revised Code or a properly credentialed professional for the	2173
purpose of determining the offender's eligibility for intervention	2174
in lieu of conviction and recommending an appropriate intervention	2175
plan, the offender has been assessed by a program of that nature	2176
or a properly credentialed professional in accordance with the	2177
court's order, and the program or properly credentialed	2178
professional has filed the written assessment of the offender with	2179
the court.	2180

(5) If an offender alleges that, at the time of committing	2181
the criminal offense with which the offender is charged, the	2182
offender had a mental illness or was a person with intellectual	2183
disability and that the mental illness or status as a person with	2184
intellectual disability was a factor leading to that offense, the	2185
offender has been assessed by a psychiatrist, psychologist,	2186
independent social worker, or licensed professional clinical	2187
counselor for the purpose of determining the offender's	2188
eligibility for intervention in lieu of conviction and	2189
recommending an appropriate intervention plan.	2190

(6) The offender's drug usage, alcohol usage, mental illness,	2191
or intellectual disability, whichever is applicable, was a factor	2192
leading to the criminal offense with which the offender is	2193
charged, intervention in lieu of conviction would not demean the	2194
seriousness of the offense, and intervention would substantially	2195
reduce the likelihood of any future criminal activity.	2196

(7) The alleged victim of the offense was not sixty-five	2197
years of age or older, permanently and totally disabled, under	2198
thirteen years of age, or a peace officer engaged in the officer's	2199
official duties at the time of the alleged offense.	2200

(8) If the offender is charged with a violation of section	2201
2925.24 of the Revised Code, the alleged violation did not result	2202
in physical harm to any person, and the offender previously has	2203
not been treated for drug abuse.	2204

(9) The offender is willing to comply with all terms and	2205
conditions imposed by the court pursuant to division (D) of this	2206
section.	2207

(10) The offender is not charged with an offense that would	2208
result in the offender being disqualified under Chapter 4506. of	2209
the Revised Code from operating a commercial motor vehicle or	2210
would subject the offender to any other sanction under that	2211
chapter.	2212

(C) At the conclusion of a hearing held pursuant to division	2213
(A) of this section, the court shall enter its determination as to	2214
whether the offender is eligible for intervention in lieu of	2215
conviction and as to whether to grant the offender's request. If	2216
the court finds under division (B) of this section that the	2217
offender is eligible for intervention in lieu of conviction and	2218
grants the offender's request, the court shall accept the	2219
offender's plea of guilty and waiver of the defendant's right to a	2220
speedy trial, the preliminary hearing, the time period within	2221
which the grand jury may consider an indictment against the	2222
offender, and arraignment, unless the hearing, indictment, or	2223
arraignment has already occurred. In addition, the court then may	2224
stay all criminal proceedings and order the offender to comply	2225
with all terms and conditions imposed by the court pursuant to	2226
division (D) of this section. If the court finds that the offender	2227
is not eligible or does not grant the offender's request, the	2228
criminal proceedings against the offender shall proceed as if the	2229
offender's request for intervention in lieu of conviction had not	2230
been made.	2231

(D) If the court grants an offender's request for	2232
intervention in lieu of conviction, the court shall place the	2233
offender under the general control and supervision of the county	2234
probation department, the adult parole authority, or another	2235
appropriate local probation or court services agency, if one	2236
exists, as if the offender was subject to a community control	2237
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	2238
Revised Code. The court shall establish an intervention plan for	2239
the offender. The terms and conditions of the intervention plan	2240
shall require the offender, for at least one year from the date on	2241
which the court grants the order of intervention in lieu of	2242
conviction, to abstain from the use of illegal drugs and alcohol,	2243
to participate in treatment and recovery support services, and to	2244
submit to regular random testing for drug and alcohol use and may	2245
include any other treatment terms and conditions, or terms and	2246
conditions similar to community control sanctions, which may	2247
include community service or restitution, that are ordered by the	2248
court.	2249

(E) If the court grants an offender's request for	2250
intervention in lieu of conviction and the court finds that the	2251
offender has successfully completed the intervention plan for the	2252
offender, including the requirement that the offender abstain from	2253
using illegal drugs and alcohol for a period of at least one year	2254
from the date on which the court granted the order of intervention	2255
in lieu of conviction, the requirement that the offender	2256
participate in treatment and recovery support services, and all	2257
other terms and conditions ordered by the court, the court shall	2258
dismiss the proceedings against the offender. Successful	2259
completion of the intervention plan and period of abstinence under	2260
this section shall be without adjudication of guilt and is not a	2261
criminal conviction for purposes of any disqualification or	2262
disability imposed by law and upon conviction of a crime, and the	2263
court may order the sealing of records related to the offense in	2264
question in the manner provided in sections 2953.31 to 2953.36 of	2265
the Revised Code.	2266

(F) If the court grants an offender's request for	2267
intervention in lieu of conviction and the offender fails to	2268
comply with any term or condition imposed as part of the	2269
intervention plan for the offender, the supervising authority for	2270
the offender promptly shall advise the court of this failure, and	2271
the court shall hold a hearing to determine whether the offender	2272
failed to comply with any term or condition imposed as part of the	2273
plan. If the court determines that the offender has failed to	2274
comply with any of those terms and conditions, it shall enter a	2275
finding of guilty and shall impose an appropriate sanction under	2276
Chapter 2929. of the Revised Code. If the court sentences the	2277
offender to a prison term, the court, after consulting with the	2278
department of rehabilitation and correction regarding the	2279
availability of services, may order continued court-supervised	2280
activity and treatment of the offender during the prison term and,	2281
upon consideration of reports received from the department	2282
concerning the offender's progress in the program of activity and	2283
treatment, may consider judicial release under section 2929.20 of	2284
the Revised Code.	2285

(G) As used in this section:

2286

(1) "Community control sanction" has the same meaning as in	2287
section 2929.01 of the Revised Code.	2288

(2) "Intervention in lieu of conviction" means any	2289
court-supervised activity that complies with this section.	2290

(3) "Peace officer" has the same meaning as in section	2291
2935.01 of the Revised Code.	2292

(4) "Mental illness" and "psychiatrist" have the same	2293
meanings as in section 5122.01 of the Revised Code.	2294

(5) "Person with intellectual disability" means a person	2295
having significantly subaverage general intellectual functioning	2296
existing concurrently with deficiencies in adaptive behavior,	2297
manifested during the developmental period.	2298

(6) "Psychologist" has the same meaning as in section 4732.01	2299
of the Revised Code.	2300

(H) Whenever the term "mentally retarded person" is used in	2301
any statute, rule, contract, grant, or other document, the	2302
reference shall be deemed to include a "person with intellectual	2303
disability," as defined in this section.	2304

Sec. 3107.014. (A) Except as provided in division (B) of	2305
this section, only an individual who meets all of the following	2306
requirements may perform the duties of an assessor under sections	2307
3107.031, 3107.032, 3107.082, 3107.09, 3107.101, 3107.12,	2308
5103.0324, and 5103.152 of the Revised Code:	2309

(1) The individual must be in the employ of, appointed by, or	2310
under contract with a court, public children services agency,	2311
private child placing agency, or private noncustodial agency;	2312

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

2313

(a) A licensed professional clinical counselor, licensed	2314
professional counselor, independent social worker, social worker,	2315
independent marriage and family therapist, or marriage and family	2316
therapist licensed under Chapter 4757. of the Revised Code;	2317

(b) A psychologist licensed under Chapter 4732. of the	2318
Revised Code;	2319

(c) A student working to earn a four-year, post-secondary	2320
degree, or higher, in a social or behavior science, or both, who	2321
conducts assessor's duties under the supervision of a licensed	2322
professional clinical counselor, licensed professional counselor,	2323
independent social worker, social worker, independent marriage and	2324
family therapist, or marriage and family therapist licensed under	2325
Chapter 4757. of the Revised Code or a psychologist licensed under	2326
Chapter 4732. of the Revised Code. Beginning July 1, 2009, a	2327
student is eligible under this division only if the supervising	2328
licensed professional clinical counselor, licensed professional	2329
counselor, independent social worker, social worker, independent	2330
marriage and family therapist, marriage and family therapist, or	2331
psychologist has completed training in accordance with rules	2332
adopted under section 3107.015 of the Revised Code.	2333

(d) A civil service employee engaging in social work without	2334
a license under Chapter 4757. of the Revised Code, as permitted by	2335
division (A)(5) of section 4757.41 of the Revised Code;	2336

(e) A former employee of a public children services agency	2337
who, while so employed, conducted the duties of an assessor;	2338

(f) An employee of a court or public children services agency	2339
who is employed to conduct the duties of an assessor.	2340

(3) The individual must complete training in accordance with	2341
rules adopted under section 3107.015 of the Revised Code.	2342

(B) An individual in the employ of, appointed by, or under	2343
contract with a court prior to September 18, 1996, to conduct	2344
adoption investigations of prospective adoptive parents may	2345
perform the duties of an assessor under sections 3107.031,	2346
3107.032, 3107.082, 3107.09, 3107.101, 3107.12, 5103.0324, and	2347
5103.152 of the Revised Code if the individual complies with	2348
division (A)(3) of this section regardless of whether the	2349
individual meets the requirement of division (A)(2) of this	2350
section.	2351

(C) A court, public children services agency, private child	2352
placing agency, or private noncustodial agency may employ,	2353
appoint, or contract with an assessor in the county in which a	2354
petition for adoption is filed and in any other county or location	2355
outside this state where information needed to complete or	2356
supplement the assessor's duties may be obtained. More than one	2357
assessor may be utilized for an adoption.	2358

(D) Not later than January 1, 2008, the department of job and	2359
family services shall develop and maintain an assessor registry.	2360
The registry shall list all individuals who are employed,	2361
appointed by, or under contract with a court, public children	2362
services agency, private child placing agency, or private	2363
noncustodial agency and meet the requirements of an assessor as	2364
described in this section. A public children services agency,	2365
private child placing agency, private noncustodial agency, court,	2366
or any other person may contact the department to determine if an	2367
individual is listed in the assessor registry. An individual	2368
listed in the assessor registry shall immediately inform the	2369
department when that individual is no longer employed, appointed	2370
by, or under contract with a court, public children services	2371
agency, private child placing agency, or private noncustodial	2372
agency to perform the duties of an assessor as described in this	2373
section. The director of job and family services shall adopt rules	2374
in accordance with Chapter 119. of the Revised Code necessary for	2375
the implementation, contents, and maintenance of the registry, and	2376
any sanctions related to the provision of information, or the	2377
failure to provide information, that is needed for the proper	2378
operation of the assessor registry.	2379

Sec. 3701.046. The director of health is authorized to make	2380
grants for women's health services from funds appropriated for	2381
that purpose by the general assembly.	2382

None of the funds received through grants for women's health	2383
services shall be used to provide abortion services. None of the	2384
funds received through these grants shall be used for counseling	2385
for or referrals for abortion, except in the case of a medical	2386
emergency. These funds shall be distributed by the director to	2387
programs that the department of health determines will provide	2388
services that are physically and financially separate from	2389
abortion-providing and abortion-promoting activities, and that do	2390
not include counseling for or referrals for abortion, other than	2391
in the case of medical emergency.	2392

These women's health services include and are limited to the	2393
following: pelvic examinations and laboratory testing; breast	2394
examinations and patient education on breast cancer; screening for	2395
cervical cancer; screening and treatment for sexually transmitted	2396
diseases and HIV screening; voluntary choice of contraception,	2397
including abstinence and natural family planning; patient	2398
education and pre-pregnancy counseling on the dangers of smoking,	2399
alcohol, and drug use during pregnancy; education on sexual	2400
coercion and violence in relationships; and prenatal care or	2401
referral for prenatal care. These health care services shall be	2402
provided in a medical clinic setting by persons authorized under	2403
Chapter. 4731. of the Revised Code to practice medicine and	2404
surgery or osteopathic medicine and surgery; authorized under	2405
Chapter 4730. of the Revised Code to practice as a physician	2406
assistant; licensed under Chapter 4723. of the Revised Code as a	2407
registered nurse or licensed practical nurse; or licensed under	2408
Chapter 4757. of the Revised Code as a social worker, independent	2409
social worker, licensed professional clinical counselor, or	2410
licensed professional counselor.	2411

The director shall adopt rules under Chapter 119. of the	2412
Revised Code specifying reasonable eligibility standards that must	2413
be met to receive the state funding and provide reasonable methods	2414
by which a grantee wishing to be eligible for federal funding may	2415
comply with these requirements for state funding without losing	2416
its eligibility for federal funding.	2417

Each applicant for these funds shall provide sufficient	2418
assurance to the director of all of the following:	2419

(A) The program shall not discriminate in the provision of	2420
services based on an individual's religion, race, national origin,	2421
handicapping condition, age, sex, number of pregnancies, or	2422
marital status;	2423

(B) The program shall provide services without subjecting	2424
individuals to any coercion to accept services or to employ any	2425
particular methods of family planning;	2426

(C) Acceptance of services shall be solely on a voluntary	2427
basis and may not be made a prerequisite to eligibility for, or	2428
receipt of, any other service, assistance from, or participation	2429
in, any other program of the service provider;	2430

(D) Any charges for services provided by the program shall be	2431
based on the patient's ability to pay and priority in the	2432
provision of services shall be given to persons from low-income	2433
families.	2434

In distributing these grant funds, the director shall give	2435
priority to grant requests from local departments of health for	2436
women's health services to be provided directly by personnel of	2437
the local department of health. The director shall issue a single	2438
request for proposals for all grants for women's health services.	2439
The director shall send a notification of this request for	2440
proposals to every local department of health in this state and	2441
shall place a notification on the department's web site. The	2442
director shall allow at least thirty days after issuing this	2443
notification before closing the period to receive applications.	2444

After the closing date for receiving grant applications, the	2445
director shall first consider grant applications from local	2446
departments of health that apply for grants for women's health	2447
services to be provided directly by personnel of the local	2448
department of health. Local departments of health that apply for	2449
grants for women's health services to be provided directly by	2450
personnel of the local department of health need not provide all	2451
the listed women's health services in order to qualify for a	2452
grant. However, in prioritizing awards among local departments of	2453
health that qualify for funding under this paragraph, the director	2454
may consider, among other reasonable factors, the	2455
comprehensiveness of the women's health services to be offered,	2456
provided that no local department of health shall be discriminated	2457
against in the process of awarding these grant funds because the	2458
applicant does not provide contraception.	2459

If funds remain after awarding grants to all local	2460
departments of health that qualify for the priority, the director	2461
may make grants to other applicants. Awards to other applicants	2462
may be made to those applicants that will offer all eight of the	2463
listed women's health services or that will offer all of the	2464
services except contraception. No applicant shall be discriminated	2465
against in the process of awarding these grant funds because the	2466
applicant does not provide contraception.	2467

Sec. 3701.74. (A) As used in this section and section	2468
3701.741 of the Revised Code:	2469

(1) "Ambulatory care facility" means a facility that provides	2470
medical, diagnostic, or surgical treatment to patients who do not	2471
require hospitalization, including a dialysis center, ambulatory	2472
surgical facility, cardiac catheterization facility, diagnostic	2473
imaging center, extracorporeal shock wave lithotripsy center, home	2474
health agency, inpatient hospice, birthing center, radiation	2475
therapy center, emergency facility, and an urgent care center.	2476
"Ambulatory care facility" does not include the private office of	2477
a physician or dentist, whether the office is for an individual or	2478
group practice.	2479

(2) "Chiropractor" means an individual licensed under Chapter	2480
4734. of the Revised Code to practice chiropractic.	2481

(3) "Emergency facility" means a hospital emergency	2482
department or any other facility that provides emergency medical	2483
services.	2484

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

2485

(a) A dentist or dental hygienist licensed under Chapter	2486
4715. of the Revised Code;	2487

(b) A registered or licensed practical nurse licensed under	2488
Chapter 4723. of the Revised Code;	2489

(c) An optometrist licensed under Chapter 4725. of the	2490
Revised Code;	2491

(d) A dispensing optician, spectacle dispensing optician,	2492
contact lens dispensing optician, or spectacle-contact lens	2493
dispensing optician licensed under Chapter 4725. of the Revised	2494
Code;	2495

(e) A pharmacist licensed under Chapter 4729. of the Revised	2496
Code;	2497

(f) A physician;

2498

(g) A physician assistant authorized under Chapter 4730. of	2499
the Revised Code to practice as a physician assistant;	2500

(h) A practitioner of a limited branch of medicine issued a	2501
certificate under Chapter 4731. of the Revised Code;	2502

(i) A psychologist licensed under Chapter 4732. of the	2503
Revised Code;	2504

(j) A chiropractor;

2505

(k) A hearing aid dealer or fitter licensed under Chapter	2506
4747. of the Revised Code;	2507

(l) A speech-language pathologist or audiologist licensed	2508
under Chapter 4753. of the Revised Code;	2509

(m) An occupational therapist or occupational therapy	2510
assistant licensed under Chapter 4755. of the Revised Code;	2511

(n) A physical therapist or physical therapy assistant	2512
licensed under Chapter 4755. of the Revised Code;	2513

(o) A licensed professional clinical counselor, licensed	2514
professional counselor, social worker, or independent social	2515
worker, independent marriage and family therapist, or marriage and	2516
family therapist licensed, or a social work assistant registered,	2517
under Chapter 4757. of the Revised Code;	2518

(p) A dietitian licensed under Chapter 4759. of the Revised	2519
Code;	2520

(q) A respiratory care professional licensed under Chapter	2521
4761. of the Revised Code;	2522

(r) An emergency medical technician-basic, emergency medical	2523
technician-intermediate, or emergency medical technician-paramedic	2524
certified under Chapter 4765. of the Revised Code.	2525

(5) "Health care provider" means a hospital, ambulatory care	2526
facility, long-term care facility, pharmacy, emergency facility,	2527
or health care practitioner.	2528

(6) "Hospital" has the same meaning as in section 3727.01 of	2529
the Revised Code.	2530

(7) "Long-term care facility" means a nursing home,	2531
residential care facility, or home for the aging, as those terms	2532
are defined in section 3721.01 of the Revised Code; a residential	2533
facility licensed under section 5119.22 of the Revised Code that	2534
provides accommodations, supervision, and personal care services	2535
for three to sixteen unrelated adults; a nursing facility or	2536
intermediate care facility for the mentally retarded, as those	2537
terms are defined in section 5111.20 of the Revised Code; a	2538
facility or portion of a facility certified as a skilled nursing	2539
facility under Title XVIII of the "Social Security Act," 49 Stat.	2540
286 (1965), 42 U.S.C.A. 1395, as amended.	2541

(8) "Medical record" means data in any form that pertains to	2542
a patient's medical history, diagnosis, prognosis, or medical	2543
condition and that is generated and maintained by a health care	2544
provider in the process of the patient's health care treatment.	2545

(9) "Medical records company" means a person who stores,	2546
locates, or copies medical records for a health care provider, or	2547
is compensated for doing so by a health care provider, and charges	2548
a fee for providing medical records to a patient or patient's	2549
representative.	2550

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

2551

(a) An individual who received health care treatment from a	2552
health care provider;	2553

(b) A guardian, as defined in section 1337.11 of the Revised	2554
Code, of an individual described in division (A)(10)(a) of this	2555
section.	2556

(11) "Patient's personal representative" means a minor	2557
patient's parent or other person acting in loco parentis, a	2558
court-appointed guardian, or a person with durable power of	2559
attorney for health care for a patient, the executor or	2560
administrator of the patient's estate, or the person responsible	2561
for the patient's estate if it is not to be probated. "Patient's	2562
personal representative" does not include an insurer authorized	2563
under Title XXXIX of the Revised Code to do the business of	2564
sickness and accident insurance in this state, a health insuring	2565
corporation holding a certificate of authority under Chapter 1751.	2566
of the Revised Code, or any other person not named in this	2567
division.	2568

(12) "Pharmacy" has the same meaning as in section 4729.01 of	2569
the Revised Code.	2570

(13) "Physician" means a person authorized under Chapter	2571
4731. of the Revised Code to practice medicine and surgery,	2572
osteopathic medicine and surgery, or podiatric medicine and	2573
surgery.	2574

(14) "Authorized person" means a person to whom a patient has	2575
given written authorization to act on the patient's behalf	2576
regarding the patient's medical record.	2577

(B) A patient, a patient's personal representative or an	2578
authorized person who wishes to examine or obtain a copy of part	2579
or all of a medical record shall submit to the health care	2580
provider a written request signed by the patient, personal	2581
representative, or authorized person dated not more than one year	2582
before the date on which it is submitted. The request shall	2583
indicate whether the copy is to be sent to the requestor,	2584
physician or chiropractor, or held for the requestor at the office	2585
of the health care provider. Within a reasonable time after	2586
receiving a request that meets the requirements of this division	2587
and includes sufficient information to identify the record	2588
requested, a health care provider that has the patient's medical	2589
records shall permit the patient to examine the record during	2590
regular business hours without charge or, on request, shall	2591
provide a copy of the record in accordance with section 3701.741	2592
of the Revised Code, except that if a physician, psychologist,	2593
licensed professional clinical counselor, licensed professional	2594
counselor, independent social worker, social worker, independent	2595
marriage and family therapist, marriage and family therapist, or	2596
chiropractor who has treated the patient determines for clearly	2597
stated treatment reasons that disclosure of the requested record	2598
is likely to have an adverse effect on the patient, the health	2599
care provider shall provide the record to a physician,	2600
psychologist, licensed professional clinical counselor, licensed	2601
professional counselor, independent social worker, social worker,	2602
independent marriage and family therapist, marriage and family	2603
therapist, or chiropractor designated by the patient. The health	2604
care provider shall take reasonable steps to establish the	2605
identity of the person making the request to examine or obtain a	2606
copy of the patient's record.	2607

(C) If a health care provider fails to furnish a medical	2608
record as required by division (B) of this section, the patient,	2609
personal representative, or authorized person who requested the	2610
record may bring a civil action to enforce the patient's right of	2611
access to the record.	2612

(D)(1) This section does not apply to medical records whose	2613
release is covered by section 173.20 or 3721.13 of the Revised	2614
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	2615
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	2616
Records," or by 42 C.F.R. 483.10.	2617

(2) Nothing in this section is intended to supersede the	2618
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	2619
and 2305.252 of the Revised Code.	2620

Sec. 3709.161. (A) The board of health of a city or general	2621
health district may procure a policy or policies of insurance	2622
insuring the members of the board, the health commissioner, and	2623
the employees of the board against liability on account of damage	2624
or injury to persons and property resulting from any act or	2625
omission that occurs in the individual's official capacity as a	2626
member or employee of the board or resulting solely out of such	2627
membership or employment.	2628

(B)(1) As used in this division, "health care professional"	2629
means all of the following:	2630

(a) A dentist or dental hygienist licensed under Chapter	2631
4715. of the Revised Code;	2632

(b) A registered nurse or licensed practical nurse licensed	2633
under Chapter 4723. of the Revised Code;	2634

(c) A person licensed under Chapter 4729. of the Revised Code	2635
to practice as a pharmacist;	2636

(d) A person authorized under Chapter 4730. of the Revised	2637
Code to practice as a physician assistant;	2638

(e) A person authorized under Chapter 4731. of the Revised	2639
Code to practice medicine and surgery, osteopathic medicine and	2640
surgery, or podiatry;	2641

(f) A psychologist licensed under Chapter 4732. of the	2642
Revised Code;	2643

(g) A veterinarian licensed under Chapter 4741. of the	2644
Revised Code;	2645

(h) A speech-language pathologist or audiologist licensed	2646
under Chapter 4753. of the Revised Code;	2647

(i) An occupational therapist, physical therapist, physical	2648
therapist assistant, or athletic trainer licensed under Chapter	2649
4755. of the Revised Code;	2650

(j) A licensed professional clinical counselor, licensed	2651
professional counselor, independent social worker, or social	2652
worker licensed under Chapter 4757. of the Revised Code;	2653

(k) A ~~dietician~~dietitian licensed under Chapter 4759. of the	2654
Revised Code.	2655

(2) The board of health of a city or general health district	2656
may purchase liability insurance for a health care professional	2657
with whom the board contracts for the provision of health care	2658
services against liability on account of damage or injury to	2659
persons and property arising from the health care professional's	2660
performance of services under the contract. The policy shall be	2661
purchased from an insurance company licensed to do business in	2662
this state, if such a policy is available from such a company. The	2663
board of health of a city or general health district shall report	2664
the cost of the liability insurance policy and subsequent	2665
increases in the cost to the director of health on a form	2666
prescribed by the director.	2667

Sec. 3721.21. As used in sections 3721.21 to 3721.34 of the	2668
Revised Code:	2669

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

2670

(1) A nursing home as defined in section 3721.01 of the	2671
Revised Code;	2672

(2) A facility or part of a facility that is certified as a	2673
skilled nursing facility or a nursing facility under Title XVIII	2674
or XIX of the "Social Security Act."	2675

(B) "Residential care facility" has the same meaning as in	2676
section 3721.01 of the Revised Code.	2677

(C) "Abuse" means knowingly causing physical harm or	2678
recklessly causing serious physical harm to a resident by physical	2679
contact with the resident or by use of physical or chemical	2680
restraint, medication, or isolation as punishment, for staff	2681
convenience, excessively, as a substitute for treatment, or in	2682
amounts that preclude habilitation and treatment.	2683

(D) "Neglect" means recklessly failing to provide a resident	2684
with any treatment, care, goods, or service necessary to maintain	2685
the health or safety of the resident when the failure results in	2686
serious physical harm to the resident. "Neglect" does not include	2687
allowing a resident, at the resident's option, to receive only	2688
treatment by spiritual means through prayer in accordance with the	2689
tenets of a recognized religious denomination.	2690

(E) "Misappropriation" means depriving, defrauding, or	2691
otherwise obtaining the real or personal property of a resident by	2692
any means prohibited by the Revised Code, including violations of	2693
Chapter 2911. or 2913. of the Revised Code.	2694

(F) "Resident" includes a resident, patient, former resident	2695
or patient, or deceased resident or patient of a long-term care	2696
facility or a residential care facility.	2697

(G) "Physical restraint" has the same meaning as in section	2698
3721.10 of the Revised Code.	2699

(H) "Chemical restraint" has the same meaning as in section	2700
3721.10 of the Revised Code.	2701

(I) "Nursing and nursing-related services" means the personal	2702
care services and other services not constituting skilled nursing	2703
care that are specified in rules the director of health shall	2704
adopt in accordance with Chapter 119. of the Revised Code.	2705

(J) "Personal care services" has the same meaning as in	2706
section 3721.01 of the Revised Code.	2707

(K)(1) Except as provided in division (K)(2) of this section,	2708
"nurse aide" means an individual who provides nursing and	2709
nursing-related services to residents in a long-term care	2710
facility, either as a member of the staff of the facility for	2711
monetary compensation or as a volunteer without monetary	2712
compensation.	2713

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

2714

(a) A licensed health professional practicing within the	2715
scope of the professional's license;	2716

(b) An individual providing nursing and nursing-related	2717
services in a religious nonmedical health care institution, if the	2718
individual has been trained in the principles of nonmedical care	2719
and is recognized by the institution as being competent in the	2720
administration of care within the religious tenets practiced by	2721
the residents of the institution.	2722

(L) "Licensed health professional" means all of the	2723
following:	2724

(1) An occupational therapist or occupational therapy	2725
assistant licensed under Chapter 4755. of the Revised Code;	2726

(2) A physical therapist or physical therapy assistant	2727
licensed under Chapter 4755. of the Revised Code;	2728

(3) A physician authorized under Chapter 4731. of the Revised	2729
Code to practice medicine and surgery, osteopathic medicine and	2730
surgery, or podiatry;	2731

(4) A physician assistant authorized under Chapter 4730. of	2732
the Revised Code to practice as a physician assistant;	2733

(5) A registered nurse or licensed practical nurse licensed	2734
under Chapter 4723. of the Revised Code;	2735

(6) A social worker or independent social worker licensed	2736
under Chapter 4757. of the Revised Code or a social work assistant	2737
registered under that chapter;	2738

(7) A speech-language pathologist or audiologist licensed	2739
under Chapter 4753. of the Revised Code;	2740

(8) A dentist or dental hygienist licensed under Chapter	2741
4715. of the Revised Code;	2742

(9) An optometrist licensed under Chapter 4725. of the	2743
Revised Code;	2744

(10) A pharmacist licensed under Chapter 4729. of the Revised	2745
Code;	2746

(11) A psychologist licensed under Chapter 4732. of the	2747
Revised Code;	2748

(12) A chiropractor licensed under Chapter 4734. of the	2749
Revised Code;	2750

(13) A nursing home administrator licensed or temporarily	2751
licensed under Chapter 4751. of the Revised Code;	2752

(14) A licensed professional counselor or licensed	2753
professional clinical counselor licensed under Chapter 4757. of	2754
the Revised Code;	2755

(15) A marriage and family therapist or independent marriage	2756
and family therapist licensed under Chapter 4757. of the Revised	2757
Code.	2758

(M) "Religious nonmedical health care institution" means an	2759
institution that meets or exceeds the conditions to receive	2760
payment under the medicare program established under Title XVIII	2761
of the "Social Security Act" for inpatient hospital services or	2762
post-hospital extended care services furnished to an individual in	2763
a religious nonmedical health care institution, as defined in	2764
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286	2765
(1965), 42 U.S.C. 1395x(ss)(1), as amended.	2766

(N) "Competency evaluation program" means a program through	2767
which the competency of a nurse aide to provide nursing and	2768
nursing-related services is evaluated.	2769

(O) "Training and competency evaluation program" means a	2770
program of nurse aide training and evaluation of competency to	2771
provide nursing and nursing-related services.	2772

Sec. 3793.02. (A) The department of alcohol and drug	2773
addiction services shall promote, assist in developing, and	2774
coordinate or conduct programs of education and research for the	2775
prevention of alcohol and drug addiction, the prevention of	2776
gambling addiction, the treatment, including intervention, of	2777
alcoholics and persons who abuse drugs of abuse, including	2778
anabolic steroids, and the treatment, including intervention, of	2779
persons with gambling addictions. Programs established by the	2780
department shall include abstinence-based prevention and treatment	2781
programs.	2782

(B) In addition to the other duties prescribed by this	2783
chapter, the department shall do all of the following:	2784

(1) Promote and coordinate efforts in the provision of	2785
alcohol and drug addiction services and of gambling addiction	2786
services by other state agencies, as defined in section 1.60 of	2787
the Revised Code; courts; hospitals; clinics; physicians in	2788
private practice; public health authorities; boards of alcohol,	2789
drug addiction, and mental health services; alcohol and drug	2790
addiction programs; law enforcement agencies; gambling addiction	2791
programs; and related groups;	2792

(2) Provide for education and training in prevention,	2793
diagnosis, treatment, and control of alcohol and drug addiction	2794
and of gambling addiction for medical students, physicians,	2795
nurses, social workers, licensed professional counselors,	2796
psychologists, and other persons who provide alcohol and drug	2797
addiction services or gambling addiction services;	2798

(3) Provide training and consultation for persons who	2799
supervise alcohol and drug addiction programs and facilities or	2800
gambling addiction programs and facilities;	2801

(4) Develop measures for evaluating the effectiveness of	2802
alcohol and drug addiction services, including services that use	2803
methadone treatment, and of gambling addiction services, and for	2804
increasing the accountability of alcohol and drug addiction	2805
programs and of gambling addiction programs;	2806

(5) Provide to each court of record, and biennially update, a	2807
list of the treatment and education programs within that court's	2808
jurisdiction that the court may require an offender, sentenced	2809
pursuant to section 4511.19 of the Revised Code, to attend;	2810

(6) Make the warning sign described in sections 3313.752,	2811
3345.41, and 3707.50 of the Revised Code available on the	2812
department's internet web site;	2813

(7) Provide a program of gambling addiction services on	2814
behalf of the state lottery commission, pursuant to an agreement	2815
entered into with the director of the commission under division	2816
(K) of section 3770.02 of the Revised Code, and provide a program	2817
of gambling and addiction services on behalf of the Ohio casino	2818
control commission, under an agreement entered into with the	2819
executive director of the commission under section 3772.062 of the	2820
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	2821
Constitution, the department may enter into agreements with local	2822
alcohol, drug addiction, and mental health service districts that	2823
are authorized and operating in this state, including with such	2824
districts of counties in which a casino facility is not located,	2825
and nonprofit organizations to provide gambling and addiction	2826
services and substance abuse services, and with state institutions	2827
of higher education or private nonprofit institutions that possess	2828
a certificate of authorization issued under Chapter 1713. of the	2829
Revised Code to perform related research.	2830

(C) The department may accept and administer grants from	2831
public or private sources for carrying out any of the duties	2832
enumerated in this section.	2833

(D) Pursuant to Chapter 119. of the Revised Code, the	2834
department shall adopt a rule defining the term "intervention" as	2835
it is used in this chapter in connection with alcohol and drug	2836
addiction services and in connection with gambling addiction	2837
services. The department may adopt other rules as necessary to	2838
implement the requirements of this chapter.	2839

Sec. 3923.28. (A) Every policy of group sickness and	2840
accident insurance providing hospital, surgical, or medical	2841
expense coverage for other than specific diseases or accidents	2842
only, and delivered, issued for delivery, or renewed in this state	2843
on or after January 1, 1979, and that provides coverage for mental	2844
or emotional disorders, shall provide benefits for services on an	2845
outpatient basis for each eligible person under the policy who	2846
resides in this state for mental or emotional disorders, or for	2847
evaluations, that are at least equal to five hundred fifty dollars	2848
in any calendar year or twelve-month period. The services shall be	2849
legally performed by or under the clinical supervision of a	2850
physician authorized under Chapter 4731. of the Revised Code to	2851
practice medicine and surgery or osteopathic medicine and surgery;	2852
a psychologist licensed under Chapter 4732. of the Revised Code; a	2853
licensed professional clinical counselor, licensed professional	2854
counselor, or independent social worker licensed under Chapter	2855
4757. of the Revised Code; or a clinical nurse specialist licensed	2856
under Chapter 4723. of the Revised Code whose nursing specialty is	2857
mental health, whether performed in an office, in a hospital, or	2858
in a community mental health facility so long as the hospital or	2859
community mental health facility is approved by the joint	2860
commission on accreditation of healthcare organizations, the	2861
council on accreditation for children and family services, or the	2862
rehabilitation accreditation commission.	2863

(B) Outpatient benefits offered under division (A) of this	2864
section shall be subject to reasonable contract limitations and	2865
may be subject to reasonable deductibles and co-insurance costs.	2866
Persons entitled to such benefit under more than one service or	2867
insurance contract may be limited to a single	2868
five-hundred-fifty-dollar outpatient benefit for services under	2869
all contracts.	2870

(C) In order to qualify for participation under division (A)	2871
of this section, every facility specified in such division shall	2872
have in effect a plan for utilization review and a plan for peer	2873
review and every person specified in such division shall have in	2874
effect a plan for peer review. Such plans shall have the purpose	2875
of ensuring high quality patient care and effective and efficient	2876
utilization of available health facilities and services.	2877

(D) Nothing in this section shall be construed to require an	2878
insurer to pay benefits which are greater than usual, customary,	2879
and reasonable.	2880

(E)(1) Services performed under the clinical supervision of a	2881
health care professional identified in division (A) of this	2882
section, in order to be reimbursable under the coverage required	2883
in division (A) of this section, shall meet both of the following	2884
requirements:	2885

(a) The services shall be performed in accordance with a	2886
treatment plan that describes the expected duration, frequency,	2887
and type of services to be performed;	2888

(b) The plan shall be reviewed and approved by the health	2889
care professional every three months.	2890

(2) Payment of benefits for services reimbursable under	2891
division (E)(1) of this section shall not be restricted to	2892
services described in the treatment plan or conditioned upon	2893
standards of clinical supervision that are more restrictive than	2894
standards of a health care professional described in division (A)	2895
of this section, which at least equal the requirements of division	2896
(E)(1) of this section.	2897

(F) The benefits provided by this section for mental and	2898
emotional disorders shall not be reduced by the cost of benefits	2899
provided pursuant to section 3923.281 of the Revised Code for	2900
diagnostic and treatment services for biologically based mental	2901
illnesses. This section does not apply to benefits for diagnostic	2902
and treatment services for biologically based mental illnesses.	2903

Sec. 3923.281. (A) As used in this section:

2904

(1) "Biologically based mental illness" means schizophrenia,	2905
schizoaffective disorder, major depressive disorder, bipolar	2906
disorder, paranoia and other psychotic disorders,	2907
obsessive-compulsive disorder, and panic disorder, as these terms	2908
are defined in the most recent edition of the diagnostic and	2909
statistical manual of mental disorders published by the American	2910
psychiatric association.	2911

(2) "Policy of sickness and accident insurance" has the same	2912
meaning as in section 3923.01 of the Revised Code, but excludes	2913
any hospital indemnity, medicare supplement, long-term care,	2914
disability income, one-time-limited-duration policy of not longer	2915
than six months, supplemental benefit, or other policy that	2916
provides coverage for specific diseases or accidents only; any	2917
policy that provides coverage for workers' compensation claims	2918
compensable pursuant to Chapters 4121. and 4123. of the Revised	2919
Code; and any policy that provides coverage to beneficiaries	2920
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620	2921
(1935), 42 U.S.C.A. 301, as amended, known as the medical	2922
assistance program or medicaid, as provided by the Ohio department	2923
of job and family services under Chapter 5111. of the Revised	2924
Code.	2925

(B) Notwithstanding section 3901.71 of the Revised Code, and	2926
subject to division (E) of this section, every policy of sickness	2927
and accident insurance shall provide benefits for the diagnosis	2928
and treatment of biologically based mental illnesses on the same	2929
terms and conditions as, and shall provide benefits no less	2930
extensive than, those provided under the policy of sickness and	2931
accident insurance for the treatment and diagnosis of all other	2932
physical diseases and disorders, if both of the following apply:	2933

(1) The biologically based mental illness is clinically	2934
diagnosed by a physician authorized under Chapter 4731. of the	2935
Revised Code to practice medicine and surgery or osteopathic	2936
medicine and surgery; a psychologist licensed under Chapter 4732.	2937
of the Revised Code; a licensed professional clinical counselor,	2938
licensed professional counselor, or independent social worker	2939
licensed under Chapter 4757. of the Revised Code; or a clinical	2940
nurse specialist licensed under Chapter 4723. of the Revised Code	2941
whose nursing specialty is mental health.	2942

(2) The prescribed treatment is not experimental or	2943
investigational, having proven its clinical effectiveness in	2944
accordance with generally accepted medical standards.	2945

(C) Division (B) of this section applies to all coverages and	2946
terms and conditions of the policy of sickness and accident	2947
insurance, including, but not limited to, coverage of inpatient	2948
hospital services, outpatient services, and medication; maximum	2949
lifetime benefits; copayments; and individual and family	2950
deductibles.	2951

(D) Nothing in this section shall be construed as prohibiting	2952
a sickness and accident insurance company from taking any of the	2953
following actions:	2954

(1) Negotiating separately with mental health care providers	2955
with regard to reimbursement rates and the delivery of health care	2956
services;	2957

(2) Offering policies that provide benefits solely for the	2958
diagnosis and treatment of biologically based mental illnesses;	2959

(3) Managing the provision of benefits for the diagnosis or	2960
treatment of biologically based mental illnesses through the use	2961
of pre-admission screening, by requiring beneficiaries to obtain	2962
authorization prior to treatment, or through the use of any other	2963
mechanism designed to limit coverage to that treatment determined	2964
to be necessary;	2965

(4) Enforcing the terms and conditions of a policy of	2966
sickness and accident insurance.	2967

(E) An insurer that offers any policy of sickness and	2968
accident insurance is not required to provide benefits for the	2969
diagnosis and treatment of biologically based mental illnesses	2970
pursuant to division (B) of this section if all of the following	2971
apply:	2972

(1) The insurer submits documentation certified by an	2973
independent member of the American academy of actuaries to the	2974
superintendent of insurance showing that incurred claims for	2975
diagnostic and treatment services for biologically based mental	2976
illnesses for a period of at least six months independently caused	2977
the insurer's costs for claims and administrative expenses for the	2978
coverage of all other physical diseases and disorders to increase	2979
by more than one per cent per year.	2980

(2) The insurer submits a signed letter from an independent	2981
member of the American academy of actuaries to the superintendent	2982
of insurance opining that the increase described in division	2983
(E)(1) of this section could reasonably justify an increase of	2984
more than one per cent in the annual premiums or rates charged by	2985
the insurer for the coverage of all other physical diseases and	2986
disorders.	2987

(3) The superintendent of insurance makes the following	2988
determinations from the documentation and opinion submitted	2989
pursuant to divisions (E)(1) and (2) of this section:	2990

(a) Incurred claims for diagnostic and treatment services for	2991
biologically based mental illnesses for a period of at least six	2992
months independently caused the insurer's costs for claims and	2993
administrative expenses for the coverage of all other physical	2994
diseases and disorders to increase by more than one per cent per	2995
year.	2996

(b) The increase in costs reasonably justifies an increase of	2997
more than one per cent in the annual premiums or rates charged by	2998
the insurer for the coverage of all other physical diseases and	2999
disorders.	3000

Any determination made by the superintendent under this	3001
division is subject to Chapter 119. of the Revised Code.	3002

Sec. 3923.282. (A) As used in this section:

3003

(1) "Biologically based mental illness" means schizophrenia,	3004
schizoaffective disorder, major depressive disorder, bipolar	3005
disorder, paranoia and other psychotic disorders,	3006
obsessive-compulsive disorder, and panic disorder, as these terms	3007
are defined in the most recent edition of the diagnostic and	3008
statistical manual of mental disorders published by the American	3009
psychiatric association.	3010

(2) "Plan of health coverage" includes any private or public	3011
employer group self-insurance plan that provides payment for	3012
health care benefits for other than specific diseases or accidents	3013
only, which benefits are not provided by contract with a sickness	3014
and accident insurer or health insuring corporation.	3015

(B) Notwithstanding section 3901.71 of the Revised Code, and	3016
subject to division (F) of this section, each plan of health	3017
coverage shall provide benefits for the diagnosis and treatment of	3018
biologically based mental illnesses on the same terms and	3019
conditions as, and shall provide benefits no less extensive than,	3020
those provided under the plan of health coverage for the treatment	3021
and diagnosis of all other physical diseases and disorders, if	3022
both of the following apply:	3023

(1) The biologically based mental illness is clinically	3024
diagnosed by a physician authorized under Chapter 4731. of the	3025
Revised Code to practice medicine and surgery or osteopathic	3026
medicine and surgery; a psychologist licensed under Chapter 4732.	3027
of the Revised Code; a licensed professional clinical counselor,	3028
licensed professional counselor, or independent social worker	3029
licensed under Chapter 4757. of the Revised Code; or a clinical	3030
nurse specialist licensed under Chapter 4723. of the Revised Code	3031
whose nursing specialty is mental health.	3032

(2) The prescribed treatment is not experimental or	3033
investigational, having proven its clinical effectiveness in	3034
accordance with generally accepted medical standards.	3035

(C) Division (B) of this section applies to all coverages and	3036
terms and conditions of the plan of health coverage, including,	3037
but not limited to, coverage of inpatient hospital services,	3038
outpatient services, and medication; maximum lifetime benefits;	3039
copayments; and individual and family deductibles.	3040

(D) This section does not apply to a plan of health coverage	3041
if federal law supersedes, preempts, prohibits, or otherwise	3042
precludes its application to such plans. This section does not	3043
apply to long-term care, hospital indemnity, disability income, or	3044
medicare supplement plans of health coverage, or to any other	3045
supplemental benefit plans of health coverage.	3046

(E) Nothing in this section shall be construed as prohibiting	3047
an employer from taking any of the following actions in connection	3048
with a plan of health coverage:	3049

(1) Negotiating separately with mental health care providers	3050
with regard to reimbursement rates and the delivery of health care	3051
services;	3052

(2) Managing the provision of benefits for the diagnosis or	3053
treatment of biologically based mental illnesses through the use	3054
of pre-admission screening, by requiring beneficiaries to obtain	3055
authorization prior to treatment, or through the use of any other	3056
mechanism designed to limit coverage to that treatment determined	3057
to be necessary;	3058

(3) Enforcing the terms and conditions of a plan of health	3059
coverage.	3060

(F) An employer that offers a plan of health coverage is not	3061
required to provide benefits for the diagnosis and treatment of	3062
biologically based mental illnesses in combination with benefits	3063
for the treatment and diagnosis of all other physical diseases and	3064
disorders as described in division (B) of this section if both of	3065
the following apply:	3066

(1) The employer submits documentation certified by an	3067
independent member of the American academy of actuaries to the	3068
superintendent of insurance showing that incurred claims for	3069
diagnostic and treatment services for biologically based mental	3070
illnesses for a period of at least six months independently caused	3071
the employer's costs for claims and administrative expenses for	3072
the coverage of all other physical diseases and disorders to	3073
increase by more than one per cent per year.	3074

(2) The superintendent of insurance determines from the	3075
documentation and opinion submitted pursuant to division (F) of	3076
this section, that incurred claims for diagnostic and treatment	3077
services for biologically based mental illnesses for a period of	3078
at least six months independently caused the employer's costs for	3079
claims and administrative expenses for the coverage of all other	3080
physical diseases and disorders to increase by more than one per	3081
cent per year.	3082

Any determination made by the superintendent under this	3083
division is subject to Chapter 119. of the Revised Code.	3084

Sec. 3923.30. Every person, the state and any of its	3085
instrumentalities, any county, township, school district, or other	3086
political subdivisions and any of its instrumentalities, and any	3087
municipal corporation and any of its instrumentalities, which	3088
provides payment for health care benefits for any of its employees	3089
resident in this state, which benefits are not provided by	3090
contract with an insurer qualified to provide sickness and	3091
accident insurance, or a health insuring corporation, shall	3092
include the following benefits in its plan of health care benefits	3093
commencing on or after January 1, 1979:	3094

(A) If such plan of health care benefits provides payment for	3095
the treatment of mental or nervous disorders, then such plan shall	3096
provide benefits for services on an outpatient basis for each	3097
eligible employee and dependent for mental or emotional disorders,	3098
or for evaluations, that are at least equal to the following:	3099

(1) Payments not less than five hundred fifty dollars in a	3100
twelve-month period, for services legally performed by or under	3101
the clinical supervision of a physician authorized under Chapter	3102
4731. of the Revised Code to practice medicine and surgery or	3103
osteopathic medicine and surgery; a psychologist licensed under	3104
Chapter 4732. of the Revised Code; a licensed professional	3105
clinical counselor, licensed professional counselor, or	3106
independent social worker licensed under Chapter 4757. of the	3107
Revised Code; or a clinical nurse specialist licensed under	3108
Chapter 4723. of the Revised Code whose nursing specialty is	3109
mental health, whether performed in an office, in a hospital, or	3110
in a community mental health facility so long as the hospital or	3111
community mental health facility is approved by the joint	3112
commission on accreditation of healthcare organizations, the	3113
council on accreditation for children and family services, or the	3114
rehabilitation accreditation commission;	3115

(2) Such benefit shall be subject to reasonable limitations,	3116
and may be subject to reasonable deductibles and co-insurance	3117
costs.	3118

(3) In order to qualify for participation under this	3119
division, every facility specified in this division shall have in	3120
effect a plan for utilization review and a plan for peer review	3121
and every person specified in this division shall have in effect a	3122
plan for peer review. Such plans shall have the purpose of	3123
ensuring high quality patient care and effective and efficient	3124
utilization of available health facilities and services.	3125

(4) Such payment for benefits shall not be greater than	3126
usual, customary, and reasonable.	3127

(5)(a) Services performed by or under the clinical	3128
supervision of a health care professional identified in division	3129
(A)(1) of this section, in order to be reimbursable under the	3130
coverage required in division (A) of this section, shall meet both	3131
of the following requirements:	3132

(i) The services shall be performed in accordance with a	3133
treatment plan that describes the expected duration, frequency,	3134
and type of services to be performed;	3135

(ii) The plan shall be reviewed and approved by the health	3136
care professional every three months.	3137

(b) Payment of benefits for services reimbursable under	3138
division (A)(5)(a) of the section shall not be restricted to	3139
services described in the treatment plan or conditioned upon	3140
standards of a licensed physician or licensed psychologist, which	3141
at least equal the requirements of division (A)(5)(a) of this	3142
section.	3143

(B) Payment for benefits for alcoholism treatment for	3144
outpatient, inpatient, and intermediate primary care for each	3145
eligible employee and dependent that are at least equal to the	3146
following:	3147

(1) Payments not less than five hundred fifty dollars in a	3148
twelve-month period for services legally performed by or under the	3149
clinical supervision of a health care professional identified in	3150
division (A)(1) of this section, whether performed in an office,	3151
or in a hospital or a community mental health facility or	3152
alcoholism treatment facility so long as the hospital, community	3153
mental health facility, or alcoholism treatment facility is	3154
approved by the joint commission on accreditation of hospitals or	3155
certified by the department of health;	3156

(2) The benefits provided under this division shall be	3157
subject to reasonable limitations and may be subject to reasonable	3158
deductibles and co-insurance costs.	3159

(3) A health care professional shall every three months	3160
certify a patient's need for continued services performed by such	3161
facilities.	3162

(4) In order to qualify for participation under this	3163
division, every facility specified in this division shall have in	3164
effect a plan for utilization review and a plan for peer review	3165
and every person specified in this division shall have in effect a	3166
plan for peer review. Such plans shall have the purpose of	3167
ensuring high quality patient care and efficient utilization of	3168
available health facilities and services. Such person or	3169
facilities shall also have in effect a program of rehabilitation	3170
or a program of rehabilitation and detoxification.	3171

(5) Nothing in this section shall be construed to require	3172
reimbursement for benefits which is greater than usual, customary,	3173
and reasonable.	3174

(C) The benefits provided by division (A) of this section for	3175
mental and emotional disorders shall not be reduced by the cost of	3176
benefits provided pursuant to section 3923.282 of the Revised Code	3177
for diagnostic and treatment services for biologically based	3178
mental illness. This section does not apply to benefits for	3179
diagnostic and treatment services for biologically based mental	3180
illnesses.	3181

Sec. 3963.01. As used in this chapter:

3182

(A) "Affiliate" means any person or entity that has ownership	3183
or control of a contracting entity, is owned or controlled by a	3184
contracting entity, or is under common ownership or control with a	3185
contracting entity.	3186

(B) "Basic health care services" has the same meaning as in	3187
division (A) of section 1751.01 of the Revised Code, except that	3188
it does not include any services listed in that division that are	3189
provided by a pharmacist or nursing home.	3190

(C) "Contracting entity" means any person that has a primary	3191
business purpose of contracting with participating providers for	3192
the delivery of health care services.	3193

(D) "Credentialing" means the process of assessing and	3194
validating the qualifications of a provider applying to be	3195
approved by a contracting entity to provide basic health care	3196
services, specialty health care services, or supplemental health	3197
care services to enrollees.	3198

(E) "Edit" means adjusting one or more procedure codes billed	3199
by a participating provider on a claim for payment or a practice	3200
that results in any of the following:	3201

(1) Payment for some, but not all of the procedure codes	3202
originally billed by a participating provider;	3203

(2) Payment for a different procedure code than the procedure	3204
code originally billed by a participating provider;	3205

(3) A reduced payment as a result of services provided to an	3206
enrollee that are claimed under more than one procedure code on	3207
the same service date.	3208

(F) "Electronic claims transport" means to accept and	3209
digitize claims or to accept claims already digitized, to place	3210
those claims into a format that complies with the electronic	3211
transaction standards issued by the United States department of	3212
health and human services pursuant to the "Health Insurance	3213
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	3214
U.S.C. 1320d, et seq., as those electronic standards are	3215
applicable to the parties and as those electronic standards are	3216
updated from time to time, and to electronically transmit those	3217
claims to the appropriate contracting entity, payer, or	3218
third-party administrator.	3219

(G) "Enrollee" means any person eligible for health care	3220
benefits under a health benefit plan, including an eligible	3221
recipient of medicaid under Chapter 5111. of the Revised Code, and	3222
includes all of the following terms:	3223

(1) "Enrollee" and "subscriber" as defined by section 1751.01	3224
of the Revised Code;	3225

(2) "Member" as defined by section 1739.01 of the Revised	3226
Code;	3227

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	3228
the Revised Code;	3229

(4) "Beneficiary" as defined by section 3901.38 of the	3230
Revised Code.	3231

(H) "Health care contract" means a contract entered into,	3232
materially amended, or renewed between a contracting entity and a	3233
participating provider for the delivery of basic health care	3234
services, specialty health care services, or supplemental health	3235
care services to enrollees.	3236

(I) "Health care services" means basic health care services,	3237
specialty health care services, and supplemental health care	3238
services.	3239

(J) "Material amendment" means an amendment to a health care	3240
contract that decreases the participating provider's payment or	3241
compensation, changes the administrative procedures in a way that	3242
may reasonably be expected to significantly increase the	3243
provider's administrative expenses, or adds a new product. A	3244
material amendment does not include any of the following:	3245

(1) A decrease in payment or compensation resulting solely	3246
from a change in a published fee schedule upon which the payment	3247
or compensation is based and the date of applicability is clearly	3248
identified in the contract;	3249

(2) A decrease in payment or compensation that was	3250
anticipated under the terms of the contract, if the amount and	3251
date of applicability of the decrease is clearly identified in the	3252
contract;	3253

(3) An administrative change that may significantly increase	3254
the provider's administrative expense, the specific applicability	3255
of which is clearly identified in the contract;	3256

(4) Changes to an existing prior authorization,	3257
precertification, notification, or referral program that do not	3258
substantially increase the provider's administrative expense;	3259

(5) Changes to an edit program or to specific edits if the	3260
participating provider is provided notice of the changes pursuant	3261
to division (A)(1) of section 3963.04 of the Revised Code and the	3262
notice includes information sufficient for the provider to	3263
determine the effect of the change;	3264

(6) Changes to a health care contract described in division	3265
(B) of section 3963.04 of the Revised Code.	3266

(K) "Participating provider" means a provider that has a	3267
health care contract with a contracting entity and is entitled to	3268
reimbursement for health care services rendered to an enrollee	3269
under the health care contract.	3270

(L) "Payer" means any person that assumes the financial risk	3271
for the payment of claims under a health care contract or the	3272
reimbursement for health care services provided to enrollees by	3273
participating providers pursuant to a health care contract.	3274

(M) "Primary enrollee" means a person who is responsible for	3275
making payments for participation in a health care plan or an	3276
enrollee whose employment or other status is the basis of	3277
eligibility for enrollment in a health care plan.	3278

(N) "Procedure codes" includes the American medical	3279
association's current procedural terminology code, the American	3280
dental association's current dental terminology, and the centers	3281
for medicare and medicaid services health care common procedure	3282
coding system.	3283

(O) "Product" means one of the following types of categories	3284
of coverage for which a participating provider may be obligated to	3285
provide health care services pursuant to a health care contract:	3286

(1) A health maintenance organization or other product	3287
provided by a health insuring corporation;	3288

(2) A preferred provider organization;

3289

(3) Medicare;

3290

(4) Medicaid;

3291

(5) Workers' compensation.

3292

(P) "Provider" means a physician, podiatrist, dentist,	3293
chiropractor, optometrist, psychologist, physician assistant,	3294
advanced practice registered nurse, occupational therapist,	3295
massage therapist, physical therapist, licensed professional	3296
counselor, licensed professional clinical counselor, hearing aid	3297
dealer, orthotist, prosthetist, home health agency, hospice care	3298
program, pediatric respite care program, or hospital, or a	3299
provider organization or physician-hospital organization that is	3300
acting exclusively as an administrator on behalf of a provider to	3301
facilitate the provider's participation in health care contracts.	3302
"Provider" does not mean a pharmacist, pharmacy, nursing home, or	3303
a provider organization or physician-hospital organization that	3304
leases the provider organization's or physician-hospital	3305
organization's network to a third party or contracts directly with	3306
employers or health and welfare funds.	3307

(Q) "Specialty health care services" has the same meaning as	3308
in section 1751.01 of the Revised Code, except that it does not	3309
include any services listed in division (B) of section 1751.01 of	3310
the Revised Code that are provided by a pharmacist or a nursing	3311
home.	3312

(R) "Supplemental health care services" has the same meaning	3313
as in division (B) of section 1751.01 of the Revised Code, except	3314
that it does not include any services listed in that division that	3315
are provided by a pharmacist or nursing home.	3316

Sec. 4723.16. (A) An individual whom the board of nursing	3317
licenses, certificates, or otherwise legally authorizes to engage	3318
in the practice of nursing as a registered nurse or as a licensed	3319
practical nurse may render the professional services of a	3320
registered or licensed practical nurse within this state through a	3321
corporation formed under division (B) of section 1701.03 of the	3322
Revised Code, a limited liability company formed under Chapter	3323
1705. of the Revised Code, a partnership, or a professional	3324
association formed under Chapter 1785. of the Revised Code. This	3325
division does not preclude an individual of that nature from	3326
rendering professional services as a registered or licensed	3327
practical nurse through another form of business entity,	3328
including, but not limited to, a nonprofit corporation or	3329
foundation, or in another manner that is authorized by or in	3330
accordance with this chapter, another chapter of the Revised Code,	3331
or rules of the board of nursing adopted pursuant to this chapter.	3332

(B) A corporation, limited liability company, partnership, or	3333
professional association described in division (A) of this section	3334
may be formed for the purpose of providing a combination of the	3335
professional services of the following individuals who are	3336
licensed, certificated, or otherwise legally authorized to	3337
practice their respective professions:	3338

(1) Optometrists who are authorized to practice optometry	3339
under Chapter 4725. of the Revised Code;	3340

(2) Chiropractors who are authorized to practice chiropractic	3341
or acupuncture under Chapter 4734. of the Revised Code;	3342

(3) Psychologists who are authorized to practice psychology	3343
under Chapter 4732. of the Revised Code;	3344

(4) Registered or licensed practical nurses who are	3345
authorized to practice nursing as registered nurses or as licensed	3346
practical nurses under this chapter;	3347

(5) Pharmacists who are authorized to practice pharmacy under	3348
Chapter 4729. of the Revised Code;	3349

(6) Physical therapists who are authorized to practice	3350
physical therapy under sections 4755.40 to 4755.56 of the Revised	3351
Code;	3352

(7) Occupational therapists who are licensed to practice	3353
occupational therapy under sections 4755.04 to 4755.13 of the	3354
Revised Code;	3355

(8) Mechanotherapists who are authorized to practice	3356
mechanotherapy under section 4731.151 of the Revised Code;	3357

(9) Doctors of medicine and surgery, osteopathic medicine and	3358
surgery, or podiatric medicine and surgery who are licensed,	3359
certificated, or otherwise legally authorized for their respective	3360
practices under Chapter 4731. of the Revised Code;	3361

(10) Licensed professional clinical counselors, licensed	3362
professional counselors, independent social workers, social	3363
workers, independent marriage and family therapists, or marriage	3364
and family therapists who are authorized for their respective	3365
practices under Chapter 4757. of the Revised Code.	3366

This division shall apply notwithstanding a provision of a	3367
code of ethics applicable to a nurse that prohibits a registered	3368
or licensed practical nurse from engaging in the practice of	3369
nursing as a registered nurse or as a licensed practical nurse in	3370
combination with a person who is licensed, certificated, or	3371
otherwise legally authorized to practice optometry, chiropractic,	3372
acupuncture through the state chiropractic board, psychology,	3373
pharmacy, physical therapy, occupational therapy, mechanotherapy,	3374
medicine and surgery, osteopathic medicine and surgery, or	3375
podiatric medicine and surgery, professional counseling, social	3376
work, or marriage and family therapy, but who is not also	3377
licensed, certificated, or otherwise legally authorized to engage	3378
in the practice of nursing as a registered nurse or as a licensed	3379
practical nurse.	3380

Sec. 4725.33. (A) An individual whom the state board of	3381
optometry licenses to engage in the practice of optometry may	3382
render the professional services of an optometrist within this	3383
state through a corporation formed under division (B) of section	3384
1701.03 of the Revised Code, a limited liability company formed	3385
under Chapter 1705. of the Revised Code, a partnership, or a	3386
professional association formed under Chapter 1785. of the Revised	3387
Code. This division does not preclude an optometrist from	3388
rendering professional services as an optometrist through another	3389
form of business entity, including, but not limited to, a	3390
nonprofit corporation or foundation, or in another manner that is	3391
authorized by or in accordance with this chapter, another chapter	3392
of the Revised Code, or rules of the state board of optometry	3393
adopted pursuant to this chapter.	3394

(B) A corporation, limited liability company, partnership, or	3395
professional association described in division (A) of this section	3396
may be formed for the purpose of providing a combination of the	3397
professional services of the following individuals who are	3398
licensed, certificated, or otherwise legally authorized to	3399
practice their respective professions:	3400

(1) Optometrists who are authorized to practice optometry	3401
under Chapter 4725. of the Revised Code;	3402

(2) Chiropractors who are authorized to practice chiropractic	3403
or acupuncture under Chapter 4734. of the Revised Code;	3404

(3) Psychologists who are authorized to practice psychology	3405
under Chapter 4732. of the Revised Code;	3406

(4) Registered or licensed practical nurses who are	3407
authorized to practice nursing as registered nurses or as licensed	3408
practical nurses under Chapter 4723. of the Revised Code;	3409

(5) Pharmacists who are authorized to practice pharmacy under	3410
Chapter 4729. of the Revised Code;	3411

(6) Physical therapists who are authorized to practice	3412
physical therapy under sections 4755.40 to 4755.56 of the Revised	3413
Code;	3414

(7) Occupational therapists who are authorized to practice	3415
occupational therapy under sections 4755.04 to 4755.13 of the	3416
Revised Code;	3417

(8) Mechanotherapists who are authorized to practice	3418
mechanotherapy under section 4731.151 of the Revised Code;	3419

~~(8)~~(9) Doctors of medicine and surgery, osteopathic medicine	3420
and surgery, or podiatric medicine and surgery who are authorized	3421
for their respective practices under Chapter 4731. of the Revised	3422
Code;	3423

(10) Licensed professional clinical counselors, licensed	3424
professional counselors, independent social workers, social	3425
workers, independent marriage and family therapists, or marriage	3426
and family therapists who are authorized for their respective	3427
practices under Chapter 4757. of the Revised Code.	3428

This division shall apply notwithstanding a provision of a	3429
code of ethics applicable to an optometrist that prohibits an	3430
optometrist from engaging in the practice of optometry in	3431
combination with a person who is licensed, certificated, or	3432
otherwise legally authorized to practice chiropractic, acupuncture	3433
through the state chiropractic board, psychology, nursing,	3434
pharmacy, physical therapy, occupational therapy, mechanotherapy,	3435
medicine and surgery, osteopathic medicine and surgery, or	3436
podiatric medicine and surgery, professional counseling, social	3437
work, or marriage and family therapy, but who is not also	3438
licensed, certificated, or otherwise legally authorized to engage	3439
in the practice of optometry.	3440

Sec. 4729.161. (A) An individual registered with the state	3441
board of pharmacy to engage in the practice of pharmacy may render	3442
the professional services of a pharmacist within this state	3443
through a corporation formed under division (B) of section 1701.03	3444
of the Revised Code, a limited liability company formed under	3445
Chapter 1705. of the Revised Code, a partnership, or a	3446
professional association formed under Chapter 1785. of the Revised	3447
Code. This division does not preclude an individual of that nature	3448
from rendering professional services as a pharmacist through	3449
another form of business entity, including, but not limited to, a	3450
nonprofit corporation or foundation, or in another manner that is	3451
authorized by or in accordance with this chapter, another chapter	3452
of the Revised Code, or rules of the state board of pharmacy	3453
adopted pursuant to this chapter.	3454

(B) A corporation, limited liability company, partnership, or	3455
professional association described in division (A) of this section	3456
may be formed for the purpose of providing a combination of the	3457
professional services of the following individuals who are	3458
licensed, certificated, or otherwise legally authorized to	3459
practice their respective professions:	3460

(1) Optometrists who are authorized to practice optometry	3461
under Chapter 4725. of the Revised Code;	3462

(2) Chiropractors who are authorized to practice chiropractic	3463
or acupuncture under Chapter 4734. of the Revised Code;	3464

(3) Psychologists who are authorized to practice psychology	3465
under Chapter 4732. of the Revised Code;	3466

(4) Registered or licensed practical nurses who are	3467
authorized to practice nursing as registered nurses or as licensed	3468
practical nurses under Chapter 4723. of the Revised Code;	3469

(5) Pharmacists who are authorized to practice pharmacy under	3470
Chapter 4729. of the Revised Code;	3471

(6) Physical therapists who are authorized to practice	3472
physical therapy under sections 4755.40 to 4755.56 of the Revised	3473
Code;	3474

(7) Occupational therapists who are authorized to practice	3475
occupational therapy under sections 4755.04 to 4755.13 of the	3476
Revised Code;	3477

(8) Mechanotherapists who are authorized to practice	3478
mechanotherapy under section 4731.151 of the Revised Code;	3479

(9) Doctors of medicine and surgery, osteopathic medicine and	3480
surgery, or podiatric medicine and surgery who are authorized for	3481
their respective practices under Chapter 4731. of the Revised	3482
Code;	3483

(10) Licensed professional clinical counselors, licensed	3484
professional counselors, independent social workers, social	3485
workers, independent marriage and family therapists, or marriage	3486
and family therapists who are authorized for their respective	3487
practices under Chapter 4757. of the Revised Code.	3488

This division shall apply notwithstanding a provision of a	3489
code of ethics applicable to a pharmacist that prohibits a	3490
pharmacist from engaging in the practice of pharmacy in	3491
combination with a person who is licensed, certificated, or	3492
otherwise legally authorized to practice optometry, chiropractic,	3493
acupuncture through the state chiropractic board, psychology,	3494
nursing, physical therapy, occupational therapy, mechanotherapy,	3495
medicine and surgery, osteopathic medicine and surgery, or	3496
podiatric medicine and surgery, professional counseling, social	3497
work, or marriage and family therapy, but who is not also	3498
licensed, certificated, or otherwise legally authorized to engage	3499
in the practice of pharmacy.	3500

Sec. 4731.226. (A)(1) An individual whom the state medical	3501
board licenses, certificates, or otherwise legally authorizes to	3502
engage in the practice of medicine and surgery, osteopathic	3503
medicine and surgery, or podiatric medicine and surgery may render	3504
the professional services of a doctor of medicine and surgery,	3505
osteopathic medicine and surgery, or podiatric medicine and	3506
surgery within this state through a corporation formed under	3507
division (B) of section 1701.03 of the Revised Code, a limited	3508
liability company formed under Chapter 1705. of the Revised Code,	3509
a partnership, or a professional association formed under Chapter	3510
1785. of the Revised Code. Division (A)(1) of this section does	3511
not preclude an individual of that nature from rendering	3512
professional services as a doctor of medicine and surgery,	3513
osteopathic medicine and surgery, or podiatric medicine and	3514
surgery through another form of business entity, including, but	3515
not limited to, a nonprofit corporation or foundation, or in	3516
another manner that is authorized by or in accordance with this	3517
chapter, another chapter of the Revised Code, or rules of the	3518
state medical board adopted pursuant to this chapter.	3519

(2) An individual whom the state medical board authorizes to	3520
engage in the practice of mechanotherapy may render the	3521
professional services of a mechanotherapist within this state	3522
through a corporation formed under division (B) of section 1701.03	3523
of the Revised Code, a limited liability company formed under	3524
Chapter 1705. of the Revised Code, a partnership, or a	3525
professional association formed under Chapter 1785. of the Revised	3526
Code. Division (A)(2) of this section does not preclude an	3527
individual of that nature from rendering professional services as	3528
a mechanotherapist through another form of business entity,	3529
including, but not limited to, a nonprofit corporation or	3530
foundation, or in another manner that is authorized by or in	3531
accordance with this chapter, another chapter of the Revised Code,	3532
or rules of the state medical board adopted pursuant to this	3533
chapter.	3534

(B) A corporation, limited liability company, partnership, or	3535
professional association described in division (A) of this section	3536
may be formed for the purpose of providing a combination of the	3537
professional services of the following individuals who are	3538
licensed, certificated, or otherwise legally authorized to	3539
practice their respective professions:	3540

(1) Optometrists who are authorized to practice optometry	3541
under Chapter 4725. of the Revised Code;	3542

(2) Chiropractors who are authorized to practice chiropractic	3543
or acupuncture under Chapter 4734. of the Revised Code;	3544

(3) Psychologists who are authorized to practice psychology	3545
under Chapter 4732. of the Revised Code;	3546

(4) Registered or licensed practical nurses who are	3547
authorized to practice nursing as registered nurses or as licensed	3548
practical nurses under Chapter 4723. of the Revised Code;	3549

(5) Pharmacists who are authorized to practice pharmacy under	3550
Chapter 4729. of the Revised Code;	3551

(6) Physical therapists who are authorized to practice	3552
physical therapy under sections 4755.40 to 4755.56 of the Revised	3553
Code;	3554

(7) Occupational therapists who are authorized to practice	3555
occupational therapy under sections 4755.04 to 4755.13 of the	3556
Revised Code;	3557

(8) Mechanotherapists who are authorized to practice	3558
mechanotherapy under section 4731.151 of the Revised Code;	3559

(9) Doctors of medicine and surgery, osteopathic medicine and	3560
surgery, or podiatric medicine and surgery who are authorized for	3561
their respective practices under this chapter;	3562

(10) Licensed professional clinical counselors, licensed	3563
professional counselors, independent social workers, social	3564
workers, independent marriage and family therapists, or marriage	3565
and family therapists who are authorized for their respective	3566
practices under Chapter 4757. of the Revised Code.	3567

(C) Division (B) of this section shall apply notwithstanding	3568
a provision of a code of ethics described in division (B)(18) of	3569
section 4731.22 of the Revised Code that prohibits either of the	3570
following:	3571

(1) A doctor of medicine and surgery, osteopathic medicine	3572
and surgery, or podiatric medicine and surgery from engaging in	3573
the doctor's authorized practice in combination with a person who	3574
is licensed, certificated, or otherwise legally authorized to	3575
engage in the practice of optometry, chiropractic, acupuncture	3576
through the state chiropractic board, psychology, nursing,	3577
pharmacy, physical therapy, occupational therapy, or	3578
mechanotherapy, professional counseling, social work, or marriage	3579
and family therapy, but who is not also licensed, certificated, or	3580
otherwise legally authorized to practice medicine and surgery,	3581
osteopathic medicine and surgery, or podiatric medicine and	3582
surgery.	3583

(2) A mechanotherapist from engaging in the practice of	3584
mechanotherapy in combination with a person who is licensed,	3585
certificated, or otherwise legally authorized to engage in the	3586
practice of optometry, chiropractic, acupuncture through the state	3587
chiropractic board, psychology, nursing, pharmacy, physical	3588
therapy, occupational therapy, medicine and surgery, osteopathic	3589
medicine and surgery, or podiatric medicine and surgery,	3590
professional counseling, social work, or marriage and family	3591
therapy, but who is not also licensed, certificated, or otherwise	3592
legally authorized to engage in the practice of mechanotherapy.	3593

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	3594
Revised Code:	3595

(A)(1) "Clinical laboratory services" means either of the	3596
following:	3597

(a) Any examination of materials derived from the human body	3598
for the purpose of providing information for the diagnosis,	3599
prevention, or treatment of any disease or impairment or for the	3600
assessment of health;	3601

(b) Procedures to determine, measure, or otherwise describe	3602
the presence or absence of various substances or organisms in the	3603
body.	3604

(2) "Clinical laboratory services" does not include the mere	3605
collection or preparation of specimens.	3606

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

3607

(1) Clinical laboratory services;

3608

(2) Home health care services;

3609

(3) Outpatient prescription drugs.

3610

(C) "Fair market value" means the value in arms-length	3611
transactions, consistent with general market value and:	3612

(1) With respect to rentals or leases, the value of rental	3613
property for general commercial purposes, not taking into account	3614
its intended use;	3615

(2) With respect to a lease of space, not adjusted to reflect	3616
the additional value the prospective lessee or lessor would	3617
attribute to the proximity or convenience to the lessor if the	3618
lessor is a potential source of referrals to the lessee.	3619

(D) "Governmental health care program" means any program	3620
providing health care benefits that is administered by the federal	3621
government, this state, or a political subdivision of this state,	3622
including the medicare program established under Title XVIII of	3623
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	3624
as amended, health care coverage for public employees, health care	3625
benefits administered by the bureau of workers' compensation, and	3626
the medicaid program established under Chapter 5111. of the	3627
Revised Code.	3628

(E)(1) "Group practice" means a group of two or more holders	3629
of certificates under this chapter legally organized as a	3630
partnership, professional corporation or association, limited	3631
liability company, foundation, nonprofit corporation, faculty	3632
practice plan, or similar group practice entity, including an	3633
organization comprised of a nonprofit medical clinic that	3634
contracts with a professional corporation or association of	3635
physicians to provide medical services exclusively to patients of	3636
the clinic in order to comply with section 1701.03 of the Revised	3637
Code and including a corporation, limited liability company,	3638
partnership, or professional association described in division (B)	3639
of section 4731.226 of the Revised Code formed for the purpose of	3640
providing a combination of the professional services of	3641
optometrists who are licensed, certificated, or otherwise legally	3642
authorized to practice optometry under Chapter 4725. of the	3643
Revised Code, chiropractors who are licensed, certificated, or	3644
otherwise legally authorized to practice chiropractic or	3645
acupuncture under Chapter 4734. of the Revised Code, psychologists	3646
who are licensed, certificated, or otherwise legally authorized to	3647
practice psychology under Chapter 4732. of the Revised Code,	3648
registered or licensed practical nurses who are licensed,	3649
certificated, or otherwise legally authorized to practice nursing	3650
under Chapter 4723. of the Revised Code, pharmacists who are	3651
licensed, certificated, or otherwise legally authorized to	3652
practice pharmacy under Chapter 4729. of the Revised Code,	3653
physical therapists who are licensed, certificated, or otherwise	3654
legally authorized to practice physical therapy under sections	3655
4755.40 to 4755.56 of the Revised Code, occupational therapists	3656
who are licensed, certificated, or otherwise legally authorized to	3657
practice occupational therapy under sections 4755.04 to 4755.13 of	3658
the Revised Code, mechanotherapists who are licensed,	3659
certificated, or otherwise legally authorized to practice	3660
mechanotherapy under section 4731.151 of the Revised Code, ~~and~~	3661
doctors of medicine and surgery, osteopathic medicine and surgery,	3662
or podiatric medicine and surgery who are licensed, certificated,	3663
or otherwise legally authorized for their respective practices	3664
under this chapter, and licensed professional clinical counselors,	3665
licensed professional counselors, independent social workers,	3666
social workers, independent marriage and family therapists, or	3667
marriage and family therapists who are licensed, certificated, or	3668
otherwise legally authorized for their respective practices under	3669
Chapter 4757. of the Revised Code to which all of the following	3670
apply:	3671

(a) Each physician who is a member of the group practice	3672
provides substantially the full range of services that the	3673
physician routinely provides, including medical care,	3674
consultation, diagnosis, or treatment, through the joint use of	3675
shared office space, facilities, equipment, and personnel.	3676

(b) Substantially all of the services of the members of the	3677
group are provided through the group and are billed in the name of	3678
the group and amounts so received are treated as receipts of the	3679
group.	3680

(c) The overhead expenses of and the income from the practice	3681
are distributed in accordance with methods previously determined	3682
by members of the group.	3683

(d) The group practice meets any other requirements that the	3684
state medical board applies in rules adopted under section 4731.70	3685
of the Revised Code.	3686

(2) In the case of a faculty practice plan associated with a	3687
hospital with a medical residency training program in which	3688
physician members may provide a variety of specialty services and	3689
provide professional services both within and outside the group,	3690
as well as perform other tasks such as research, the criteria in	3691
division (E)(1) of this section apply only with respect to	3692
services rendered within the faculty practice plan.	3693

(F) "Home health care services" and "immediate family" have	3694
the same meanings as in the rules adopted under section 4731.70 of	3695
the Revised Code.	3696

(G) "Hospital" has the same meaning as in section 3727.01 of	3697
the Revised Code.	3698

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

3699

(1) A request by a holder of a certificate under this chapter	3700
for an item or service, including a request for a consultation	3701
with another physician and any test or procedure ordered by or to	3702
be performed by or under the supervision of the other physician;	3703

(2) A request for or establishment of a plan of care by a	3704
certificate holder that includes the provision of designated	3705
health services.	3706

(I) "Third-party payer" has the same meaning as in section	3707
3901.38 of the Revised Code.	3708

Sec. 4732.28. (A) An individual whom the state board of	3709
psychology licenses, certificates, or otherwise legally authorizes	3710
to engage in the practice of psychology may render the	3711
professional services of a psychologist within this state through	3712
a corporation formed under division (B) of section 1701.03 of the	3713
Revised Code, a limited liability company formed under Chapter	3714
1705. of the Revised Code, a partnership, or a professional	3715
association formed under Chapter 1785. of the Revised Code. This	3716
division does not preclude an individual of that nature from	3717
rendering professional services as a psychologist through another	3718
form of business entity, including, but not limited to, a	3719
nonprofit corporation or foundation, or in another manner that is	3720
authorized by or in accordance with this chapter, another chapter	3721
of the Revised Code, or rules of the state board of psychology	3722
adopted pursuant to this chapter.	3723

(B) A corporation, limited liability company, partnership, or	3724
professional association described in division (A) of this section	3725
may be formed for the purpose of providing a combination of the	3726
professional services of the following individuals who are	3727
licensed, certificated, or otherwise legally authorized to	3728
practice their respective professions:	3729

(1) Optometrists who are authorized to practice optometry	3730
under Chapter 4725. of the Revised Code;	3731

(2) Chiropractors who are authorized to practice chiropractic	3732
or acupuncture under Chapter 4734. of the Revised Code;	3733

(3) Psychologists who are authorized to practice psychology	3734
under this chapter;	3735

(4) Registered or licensed practical nurses who are	3736
authorized to practice nursing as registered nurses or as licensed	3737
practical nurses under Chapter 4723. of the Revised Code;	3738

(5) Pharmacists who are authorized to practice pharmacy under	3739
Chapter 4729. of the Revised Code;	3740

(6) Physical therapists who are authorized to practice	3741
physical therapy under sections 4755.40 to 4755.56 of the Revised	3742
Code;	3743

(7) Occupational therapists who are authorized to practice	3744
occupational therapy under sections 4755.04 to 4755.13 of the	3745
Revised Code;	3746

(8) Mechanotherapists who are authorized to practice	3747
mechanotherapy under section 4731.151 of the Revised Code;	3748

(9) Doctors of medicine and surgery, osteopathic medicine and	3749
surgery, or podiatric medicine and surgery who are authorized for	3750
their respective practices under Chapter 4731. of the Revised	3751
Code;	3752

(10) Licensed professional clinical counselors, licensed	3753
professional counselors, independent social workers, social	3754
workers, independent marriage and family therapists, or marriage	3755
and family therapists who are authorized for their respective	3756
practices under Chapter 4757. of the Revised Code.	3757

This division shall apply notwithstanding a provision of a	3758
code of ethics applicable to a psychologist that prohibits a	3759
psychologist from engaging in the practice of psychology in	3760
combination with a person who is licensed, certificated, or	3761
otherwise legally authorized to practice optometry, chiropractic,	3762
acupuncture through the state chiropractic board, nursing,	3763
pharmacy, physical therapy, occupational therapy, mechanotherapy,	3764
medicine and surgery, osteopathic medicine and surgery, or	3765
podiatric medicine and surgery, professional counseling, social	3766
work, or marriage and family therapy, but who is not also	3767
licensed, certificated, or otherwise legally authorized to engage	3768
in the practice of psychology.	3769

Sec. 4734.17. (A) An individual whom the state chiropractic	3770
board licenses to engage in the practice of chiropractic or	3771
certifies to practice acupuncture may render the professional	3772
services of a chiropractor or chiropractor certified to practice	3773
acupuncture within this state through a corporation formed under	3774
division (B) of section 1701.03 of the Revised Code, a limited	3775
liability company formed under Chapter 1705. of the Revised Code,	3776
a partnership, or a professional association formed under Chapter	3777
1785. of the Revised Code. This division does not preclude a	3778
chiropractor from rendering professional services as a	3779
chiropractor or chiropractor certified to practice acupuncture	3780
through another form of business entity, including, but not	3781
limited to, a nonprofit corporation or foundation, or in another	3782
manner that is authorized by or in accordance with this chapter,	3783
another chapter of the Revised Code, or rules of the state	3784
chiropractic board adopted pursuant to this chapter.	3785

(B) A corporation, limited liability company, partnership, or	3786
professional association described in division (A) of this section	3787
may be formed for the purpose of providing a combination of the	3788
professional services of the following individuals who are	3789
licensed, certificated, or otherwise legally authorized to	3790
practice their respective professions:	3791

(1) Optometrists who are authorized to practice optometry,	3792
under Chapter 4725. of the Revised Code;	3793

(2) Chiropractors who are authorized to practice chiropractic	3794
or acupuncture under this chapter;	3795

(3) Psychologists who are authorized to practice psychology	3796
under Chapter 4732. of the Revised Code;	3797

(4) Registered or licensed practical nurses who are	3798
authorized to practice nursing as registered nurses or as licensed	3799
practical nurses under Chapter 4723. of the Revised Code;	3800

(5) Pharmacists who are authorized to practice pharmacy under	3801
Chapter 4729. of the Revised Code;	3802

(6) Physical therapists who are authorized to practice	3803
physical therapy under sections 4755.40 to 4755.56 of the Revised	3804
Code;	3805

(7) Occupational therapists who are authorized to practice	3806
occupational therapy under sections 4755.04 to 4755.13 of the	3807
Revised Code;	3808

(8) Mechanotherapists who are authorized to practice	3809
mechanotherapy under section 4731.151 of the Revised Code;	3810

(9) Doctors of medicine and surgery, osteopathic medicine and	3811
surgery, or podiatric medicine and surgery who are authorized for	3812
their respective practices under Chapter 4731. of the Revised	3813
Code;	3814

(10) Licensed professional clinical counselors, licensed	3815
professional counselors, independent social workers, social	3816
workers, independent marriage and family therapists, or marriage	3817
and family therapists who are authorized for their respective	3818
practices under Chapter 4757. of the Revised Code.	3819

This division shall apply notwithstanding a provision of any	3820
code of ethics established or adopted under section 4734.16 of the	3821
Revised Code that prohibits an individual from engaging in the	3822
practice of chiropractic or acupuncture in combination with an	3823
individual who is licensed, certificated, or otherwise authorized	3824
for the practice of optometry, psychology, nursing, pharmacy,	3825
physical therapy, occupational therapy, mechanotherapy, medicine	3826
and surgery, osteopathic medicine and surgery, or podiatric	3827
medicine and surgery, professional counseling, social work, or	3828
marriage and family therapy, but who is not also licensed under	3829
this chapter to engage in the practice of chiropractic.	3830

Sec. 4734.41. (A) As used in this section:

3831

(1) "Chemical dependency" means either of the following:

3832

(a) The chronic and habitual use of alcoholic beverages to	3833
the extent that the user no longer can control the use of alcohol	3834
or endangers the user's health, safety, or welfare or that of	3835
others;	3836

(b) The use of a controlled substance as defined in section	3837
3719.01 of the Revised Code, a harmful intoxicant as defined in	3838
section 2925.01 of the Revised Code, or a dangerous drug as	3839
defined in section 4729.01 of the Revised Code, to the extent that	3840
the user becomes physically or psychologically dependent on the	3841
substance, intoxicant, or drug or endangers the user's health,	3842
safety, or welfare or that of others.	3843

(2) "Mental illness" means a recognized psychiatric or	3844
psychological condition, disorder, or syndrome that has been	3845
diagnosed by a psychiatrist, psychologist, licensed professional	3846
clinical counselor, or independent social worker as a condition,	3847
disorder, or syndrome that may pose a danger to the person	3848
diagnosed or others or may prevent the person from practicing the	3849
person's profession according to acceptable and prevailing	3850
standards of care.	3851

(B) The state chiropractic board shall establish a chemical	3852
dependency and mental illness monitoring program. The program	3853
shall be made available to any individual under the board's	3854
jurisdiction who has a chemical dependency or mental illness and	3855
meets the board's eligibility requirements for admission to and	3856
continued participation in the program. The board shall develop	3857
the program and may designate a coordinator to administer it or	3858
enter into a contract for the program to be administered by	3859
another entity through a coordinator. The board shall adopt rules	3860
in accordance with Chapter 119. of the Revised Code that establish	3861
standards and procedure for operating the program.	3862

(C) Except as provided in division (D) of this section, all	3863
records of an individual's participation in the monitoring	3864
program, including medical records, chemical dependency records,	3865
and mental health records, shall be confidential, are not public	3866
records for the purposes of section 149.43 of the Revised Code,	3867
and are not subject to discovery by subpoena or admissble as	3868
evidence in any judicial proceeding. The program coordinator shall	3869
maintain all records as directed by the board.	3870

(D) The monitoring program's coordinator may disclose records	3871
or information regarding an individual's progress and status of	3872
participation in the program to the disciplinary section of the	3873
board and to any person or government entity that the program	3874
participant authorizes in writing to be given the records or	3875
information.	3876

In disclosing records or information under this division, the	3877
coordinator shall not include any record or information that is	3878
protected under section 3793.13 of the Revised Code or any federal	3879
statute or regulation that provides for the confidentiality of	3880
mental health or substance abuse records.	3881

(E) In the absence of fraud or bad faith, the monitoring	3882
program's coordinator, the board and the board's employees and	3883
representatives are not liable for damages in any civil action as	3884
a result of disclosing records or information in accordance with	3885
division (D) of this section. In the absence of fraud or bad	3886
faith, any person reporting to the program an individual's	3887
chemical dependency or mental illness, or the progress or lack of	3888
progress of that individual with regard to treatment, is not	3889
liable for damages in any civil action as a result of the report.	3890

(F) The board may abstain from taking formal disciplinary	3891
action under section 4734.31 of the Revised Code against an	3892
individual because of the individual's chemical dependency or	3893
mental illness, if the individual meets the eligibility	3894
requirements for admission into the monitoring program and all of	3895
the following occur:	3896

(1) The individual enters into a monitoring agreement with	3897
the coordinator of the program;	3898

(2) The individual complies with the terms and conditions for	3899
continued participation in the program, as specified in the	3900
monitoring agreement;	3901

(3) The individual successfully completes the terms and	3902
conditions of the monitoring agreement, including the condition	3903
that the individual attain the ability to practice in accordance	3904
with acceptable and prevailing standards of care applicable to the	3905
practice of chiropractic.	3906

Sec. 4755.471. (A) An individual whom the occupational	3907
therapy section or physical therapy section of the Ohio	3908
occupational therapy, physical therapy, and athletic trainers	3909
board licenses, certificates, or otherwise legally authorizes to	3910
engage in the practice of occupational therapy or physical therapy	3911
may render the professional services of an occupational therapist	3912
or a physical therapist within this state through a corporation	3913
formed under division (B) of section 1701.03 of the Revised Code,	3914
a limited liability company formed under Chapter 1705. of the	3915
Revised Code, a partnership, or a professional association formed	3916
under Chapter 1785. of the Revised Code. This division does not	3917
preclude an individual of that nature from rendering professional	3918
services as an occupational therapist or a physical therapist	3919
through another form of business entity, including, but not	3920
limited to, a nonprofit corporation or foundation, or in another	3921
manner that is authorized by or in accordance with sections	3922
4755.40 to 4755.53 of the Revised Code, another chapter of the	3923
Revised Code, or rules of the Ohio occupational therapy, physical	3924
therapy, and athletic trainers board adopted pursuant to sections	3925
4755.40 to 4755.53 of the Revised Code.	3926

(B) A corporation, limited liability company, partnership, or	3927
professional association described in division (A) of this section	3928
may be formed for the purpose of providing a combination of the	3929
professional services of the following individuals who are	3930
licensed, certificated, or otherwise legally authorized to	3931
practice their respective professions:	3932

(1) Optometrists who are authorized to practice optometry	3933
under Chapter 4725. of the Revised Code;	3934

(2) Chiropractors who are authorized to practice chiropractic	3935
or acupuncture under Chapter 4734. of the Revised Code;	3936

(3) Psychologists who are authorized to practice psychology	3937
under Chapter 4732. of the Revised Code;	3938

(4) Registered or licensed practical nurses who are	3939
authorized to practice nursing as registered nurses or as licensed	3940
practical nurses under Chapter 4723. of the Revised Code;	3941

(5) Pharmacists who are authorized to practice pharmacy under	3942
Chapter 4729. of the Revised Code;	3943

(6) Physical therapists who are authorized to practice	3944
physical therapy under sections 4755.40 to 4755.56 of the Revised	3945
Code;	3946

(7) Occupational therapists who are authorized to practice	3947
occupational therapy under sections 4755.04 to 4755.13 of the	3948
Revised Code;	3949

(8) Mechanotherapists who are authorized to practice	3950
mechanotherapy under section 4731.151 of the Revised Code;	3951

~~(8)~~(9) Doctors of medicine and surgery, osteopathic medicine	3952
and surgery, or podiatric medicine and surgery who are authorized	3953
for their respective practices under Chapter 4731. of the Revised	3954
Code;	3955

(10) Licensed professional clinical counselors, licensed	3956
professional counselors, independent social workers, social	3957
workers, independent marriage and family therapists, or marriage	3958
and family therapists who are authorized for their respective	3959
practices under Chapter 4757. of the Revised Code.	3960

This division shall apply notwithstanding a provision of a	3961
code of ethics applicable to an occupational therapist or a	3962
physical therapist that prohibits an occupational therapist or a	3963
physical therapist from engaging in the practice of occupational	3964
therapy or physical therapy in combination with a person who is	3965
licensed, certificated, or otherwise legally authorized to	3966
practice optometry, chiropractic, acupuncture through the state	3967
chiropractic board, psychology, nursing, pharmacy, mechanotherapy,	3968
medicine and surgery, osteopathic medicine and surgery, or	3969
podiatric medicine and surgery, professional counseling, social	3970
work, or marriage and family therapy, but who is not also	3971
licensed, certificated, or otherwise legally authorized to engage	3972
in the practice of occupational therapy or physical therapy.	3973

Sec. 4757.01. As used in this chapter:

3974

(A) "Practice of professional counseling" means rendering or	3975
offering to render to individuals, groups, organizations, or the	3976
general public a counseling service involving the application of	3977
clinical counseling principles, methods, or procedures to assist	3978
individuals in achieving more effective personal, social,	3979
educational, or career development and adjustment, including the	3980
diagnosis and treatment of mental and emotional disorders.	3981

(B) "Clinical counseling principles, methods, or procedures"	3982
means an approach to counseling that emphasizes the counselor's	3983
role in systematically assisting clients through all of the	3984
following: assessing and analyzing background and current	3985
information, diagnosing mental and emotional disorders, exploring	3986
possible solutions, and developing and providing a treatment plan	3987
for mental and emotional adjustment or development. "Clinical	3988
counseling principles, methods, or procedures" includes at least	3989
counseling, appraisal, consulting, and referral.	3990

(C) "Practice of social work" means the application of social	3991
work theory and specialized knowledge of human development and	3992
behavior and social, economic, and cultural systems in directly	3993
assisting individuals, families, and groups in a clinical setting	3994
to improve or restore their capacity for social functioning,	3995
including counseling, the use of psychosocial interventions, and	3996
the use of social psychotherapy, which includes the diagnosis and	3997
treatment of mental and emotional disorders.	3998

(D) "Accredited educational institution" means an institution	3999
accredited by a national or regional accrediting agency accepted	4000
by the board of regents.	4001

(E) "Scope of practice" means the services, methods, and	4002
techniques in which and the areas for which a person licensed or	4003
registered under this chapter is trained and qualified.	4004

(F) "Mental and emotional disorders" means those disorders	4005
that are classified in accepted nosologies such as the	4006
international classification of diseases and the diagnostic and	4007
statistical manual of mental disorders and in future editions of	4008
those nosologies.	4009

(G) "Marriage and family therapy" means the diagnosis,	4010
evaluation, assessment, counseling, management and treatment of	4011
mental and emotional disorders, whether cognitive, affective, or	4012
behavioral, within the context of marriage and family systems,	4013
through the professional application of marriage and family	4014
therapies and techniques.	4015

(H) "Practice of marriage and family therapy" means the	4016
diagnosis, treatment, evaluation, assessment, counseling, and	4017
management, of mental and emotional disorders, whether cognitive,	4018
affective or behavioral, within the context of marriage and family	4019
systems, to individuals, couples, and families, singly or in	4020
groups, whether those services are offered directly to the general	4021
public or through public or private organizations, for a fee,	4022
salary or other consideration through the professional application	4023
of marriage and family theories, therapies, and techniques,	4024
including, but not limited to psychotherapeutic theories,	4025
therapies and techniques that marriage and family therapists are	4026
educated and trained to perform.	4027

(I) "Social functioning" means living up to the expectations	4028
that are made of an individual by the individual's own self, the	4029
immediate social environment, and by society at large. "Social	4030
functioning" includes meeting basic needs of the individual and	4031
the individual's dependents, including physical aspects, personal	4032
fulfillment, emotional needs, and an adequate self-concept.	4033

Sec. 4757.02. (A) Except as provided in division (C) of this	4034
section and section 4757.41 of the Revised Code:	4035

(1) No person shall engage in or claim to the public to be	4036
engaging in the practice of professional counseling for a fee,	4037
salary, or other consideration unless the person is currently	4038
licensed under this chapter as a licensed professional clinical	4039
counselor or licensed professional counselor.	4040

(2) No person shall practice or claim to the public to be	4041
practicing social work for a fee, salary, or other consideration	4042
unless the person is currently licensed under this chapter as an	4043
independent social worker or a social worker.	4044

(3) No person shall claim to the public to be a social work	4045
assistant unless the person is currently registered under this	4046
chapter as a social work assistant.	4047

(4) No person shall engage in the practice of marriage and	4048
family therapy or claim to the public to be engaging in the	4049
practice of marriage and family therapy unless the person is	4050
currently licensed under this chapter as a marriage and family	4051
therapist.	4052

(B)(1) No person shall use the title "licensed professional	4053
clinical counselor," "licensed professional counselor," or any	4054
other title or description incorporating the word "counselor" or	4055
any initials used to identify persons acting in those capacities	4056
unless currently authorized under this chapter by licensure to act	4057
in the capacity indicated by the title or initials.	4058

(2) No person shall use the title "social worker,"	4059
"independent social worker," "social work assistant," or any other	4060
title or description incorporating the words "social worker" or	4061
any initials used to identify persons acting in those capacities	4062
unless the person is currently authorized by licensure or	4063
registration under this chapter to act in the capacity indicated	4064
by the title or initials.	4065

(3) No person shall use the title "marriage and family	4066
therapist" or any initials used to identify persons acting in that	4067
capacity unless the person is currently authorized by licensure	4068
under this chapter to act in the capacity indicated by the title	4069
or initials.	4070

(C)(1) Divisions (A)(1) to (3) of this section do not apply	4071
to the practice of marriage and family therapy by a person holding	4072
a valid license or temporary license as a marriage and family	4073
therapist or independent marriage and family therapist under this	4074
chapter.	4075

(2) Division (A)(4) of this section does not apply to the	4076
following persons licensed or registered under this chapter:	4077
licensed professional clinical counselors, licensed professional	4078
counselors, independent social workers, social workers, and social	4079
work assistants.	4080

Sec. 4757.03. (A) There is hereby created the counselor,	4081
social worker, and marriage and family therapist board, consisting	4082
of fifteen members. The governor shall appoint the members with	4083
the advice and consent of the senate.	4084

(1) Four ~~of the~~ members shall be individuals licensed under	4085
this chapter as licensed professional clinical counselors or	4086
licensed professional counselors. At all times, the counselor	4087
membership shall include at least ~~two licensed professional~~	4088
~~clinical counselors, at least~~ one individual who has received a	4089
doctoral degree in counseling from an accredited educational	4090
institution recognized by the board and holds a graduate level	4091
teaching position in a counselor education program~~, and at least~~	4092
~~two individuals who have received at least a master's degree in~~	4093
~~counseling from an accredited educational institution recognized~~	4094
~~by the board~~.	4095

~~Two of the~~(2) Four members shall be individuals licensed	4096
under this chapter as independent marriage and family therapists	4097
~~and two shall be individuals licensed under this chapter as~~or	4098
marriage and family therapists ~~or, if the board has not yet~~	4099
~~licensed independent marriage and family therapists or marriage~~	4100
~~and family therapists, eligible for licensure as independent~~	4101
~~marriage and family therapists or marriage and family therapists.~~	4102
~~They shall have, during the five years preceding appointment,~~	4103
~~actively engaged in the practice of marriage and family therapy,~~	4104
~~in educating and training master's, doctoral, or postdoctoral~~	4105
~~students of marriage and family therapy, or in marriage and family~~	4106
~~therapy research and, during the two years immediately preceding~~	4107
~~appointment, shall have devoted the majority of their professional~~	4108
~~time to the activity while residing in this state~~. At all times,	4109
the marriage and family therapist membership shall include one	4110
educator who holds a teaching position in a master's degree	4111
marriage and family therapy program at an accredited educational	4112
institution recognized by the board.	4113

(3) Two members shall be individuals licensed under this	4114
chapter as independent social workers. Two members shall be	4115
individuals licensed under this chapter as social workers, at	4116
least one of whom must hold a bachelor's or master's degree in	4117
social work from an accredited educational institution recognized	4118
by the board. At all times, the social worker membership shall	4119
include one educator who holds a teaching position in a	4120
baccalaureate or master's degree social work program at an	4121
accredited educational institution recognized by the board.	4122

(4) Three members shall be representatives of the general	4123
public who have not practiced professional counseling, marriage	4124
and family therapy, or social work and have not been involved in	4125
the delivery of professional counseling, marriage and family	4126
therapy, or social work services. At least one of the members	4127
representing the general public shall be at least sixty years of	4128
age. During their terms the public members shall not practice	4129
professional counseling, marriage and family therapy, or social	4130
work or be involved in the delivery of professional counseling,	4131
marriage and family therapy, or social work services.	4132

(B) Both of the following apply to each member specified in	4133
divisions (A)(1), (2), and (3) of this section:	4134

(1) During the five years preceding appointment to the board,	4135
the member shall have actively engaged in the practice of the	4136
member's profession by conducting research in the member's	4137
profession or by educating and training master's, doctoral, or	4138
postdoctoral students in the member's profession.	4139

(2) During the two years immediately preceding appointment,	4140
the member shall have devoted the majority of their professional	4141
time to the activity described in division (B)(1) of this section	4142
while residing in this state.	4143

(C) At least three members, one from each of the board's	4144
professional standards committees, during the five years preceding	4145
appointment, shall have practiced at a public agency or at an	4146
organization that is certified or licensed by the department of	4147
developmental disabilities, the department of alcohol and drug	4148
addiction services, the department of job and family services, or	4149
the department of mental health.	4150

(D) Not more than eight members of the board may be members	4151
of the same political party or sex. At	4152

(E) At least one member of the board shall be of African,	4153
Native American, Hispanic, or Asian descent.	4154

~~Of the initial appointees, three shall be appointed for terms~~	4155
~~ending October 10, 1985, four shall be appointed for terms ending~~	4156
~~October 10, 1986, and four shall be appointed for terms ending~~	4157
~~October 10, 1987. Of the two initial independent marriage and~~	4158
~~family therapists appointed to the board, one shall be appointed~~	4159
~~for a term ending two years after the effective date of this~~	4160
~~amendment and one for a term ending three years after that date.~~	4161
~~Of the two initial marriage and family therapists appointed to the~~	4162
~~board, one shall be appointed for a term ending two years after~~	4163
~~the effective date of this amendment and one for a term ending~~	4164
~~three years after that date. After the initial appointments, terms~~	4165

(F) Terms of office shall be three years, each term ending on	4166
the same day of the same month of the year as did the term that it	4167
succeeds. As a result of the dates of initial appointment, the	4168
number of terms expiring each year are four, five, or six.	4169

(G) A member shall hold office from the date of appointment	4170
until the end of the term for which the member was appointed. A	4171
member appointed to fill a vacancy occurring prior to the	4172
expiration of the term for which the member's predecessor was	4173
appointed shall hold office for the remainder of that term. A	4174
member shall continue in office after the expiration date of the	4175
member's term until a successor takes office ~~or until a period of~~	4176
~~sixty days has elapsed, whichever occurs first~~. Members may be	4177
reappointed, except that if a person has held office for two	4178
consecutive full terms, the person shall not be reappointed to the	4179
board sooner than one year after the expiration of the second full	4180
term as a member of the board.	4181

Sec. 4757.04. Within the counselor, social worker, and	4182
marriage and family therapist board, there is hereby created the	4183
counselors professional standards committee, the social workers	4184
professional standards committee, and the marriage and family	4185
therapist professional standards committee.	4186

The counselors professional standards committee consists of	4187
the board's licensed professional clinical counselor and licensed	4188
professional counselor members and one of the members representing	4189
the public who is not the member representing the public on the	4190
marriage and family therapist professional standards committee or	4191
the social workers professional standards committee. The committee	4192
has full authority to act on behalf of the board on all matters	4193
concerning professional clinical counselors and professional	4194
counselors.	4195

The social workers professional standards committee consists	4196
of the board's independent social worker and social worker members	4197
and one of the members representing the public who is not the	4198
member representing the public on the counselors professional	4199
standards committee or the marriage and family therapist	4200
professional standards committee. The committee has full authority	4201
to act on behalf of the board on all matters concerning	4202
independent social workers, social workers, and social work	4203
assistants.	4204

The marriage and family therapist professional standards	4205
committee consists of the board's marriage and family therapists	4206
and one of the members representing the public who is not the	4207
member representing the public on the counselors professional	4208
standards committee or the social workers professional standards	4209
committee. The committee has full authority to act on behalf of	4210
the board on all matters concerning independent marriage and	4211
family therapists and marriage and family therapists.	4212

Sec. 4757.10. The counselor, social worker, and marriage and	4213
family therapist board may adopt any rules necessary to carry out	4214
this chapter.	4215

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

4216

(A) Concern intervention for and treatment of any impaired	4217
person holding a license or certificate of registration issued	4218
under this chapter;	4219

(B) Establish standards for training and experience of	4220
supervisors described in division (C) of section 4757.30 of the	4221
Revised Code;	4222

(C) Define the requirement that an applicant be of good moral	4223
character in order to be licensed or registered under this	4224
chapter;	4225

(D) Establish requirements for criminal records checks of	4226
applicants under section 4776.03 of the Revised Code;	4227

(E) Establish a graduated system of fines based on the scope	4228
and severity of violations and the history of compliance, not to	4229
exceed five hundred dollars per incident, that any professional	4230
standards committee of the board may charge for a disciplinary	4231
violation described in section 4757.36 of the Revised Code;	4232

(F) Establish the amount and content of corrective action	4233
courses required by the board under section 4755.36 of the Revised	4234
Code;	4235

(G) Provide for voluntary registration of all of the	4236
following:	4237

(1) Master's level counselor trainees enrolled in practice	4238
and internships;	4239

(2) Master's level social worker trainees enrolled in	4240
fieldwork, practice, and internships;	4241

(3) Master's level marriage and family therapist trainees	4242
enrolled in practice and internships.	4243

Rules adopted under division (G) of this section shall not	4244
require a trainee to register with the board, and if a trainee has	4245
not registered, shall prohibit any adverse effect with respect to	4246
a trainee's application for licensure by the board.	4247

All rules adopted under this section shall be adopted in	4248
accordance with Chapter 119. of the Revised Code. When it adopts	4249
rules under this section or any other section of this chapter, the	4250
board may consider standards established by any national	4251
association or other organization representing the interests of	4252
those involved in professional counseling, social work, or	4253
marriage and family therapy.	4254

Sec. 4757.11. The counselor, social worker, and marriage and	4255
family therapist board shall establish a code of ethical practice	4256
for persons licensed under this chapter as licensed professional	4257
clinical counselors or licensed professional counselors. The board	4258
shall establish a code of ethical practice for persons licensed	4259
under this chapter as independent social workers or social	4260
workers, persons registered under this chapter as social work	4261
assistants, and persons licensed as independent marriage and	4262
family therapists or marriage and family therapists. The codes of	4263
ethical practice shall be established by adopting rules in	4264
accordance with Chapter 119. of the Revised Code. The codes of	4265
ethical practice shall define unprofessional conduct, which shall	4266
include engaging in a dual relationship with a client or former	4267
client, committing an act of sexual abuse, misconduct, or	4268
exploitation of a client or former client, and, except as	4269
permitted by law, violating client confidentiality. The codes of	4270
ethical practice may be based on any codes of ethical practice	4271
developed by national organizations representing the interests of	4272
those involved in professional counseling, social work, or	4273
marriage and family therapy. The board may establish standards in	4274
its codes of ethical practice that are more stringent than those	4275
established by national organizations.	4276

Sec. 4757.13. (A) Each individual who engages in the practice	4277
of professional counseling, social work, or marriage and family	4278
therapy shall prominently display, in a conspicuous place in the	4279
office or place where a major portion of the individual's practice	4280
is conducted, and in such a manner as to be easily seen and read,	4281
the license granted to the individual by the state counselor,	4282
social worker, and marriage and family therapist board.	4283

(B) A license holder engaged in a private individual	4284
practice, partnership, or group practice shall prominently display	4285
the license holder's fee schedule in the office or place where a	4286
major portion of the license holder's practice is conducted. The	4287
bottom of the first page of the fee schedule shall include the	4288
following statement, which shall be followed by the name, address,	4289
and telephone number of the board:	4290

"This information is required by the Counselor, Social	4291
Worker, and Marriage and Family Therapist Board, which regulates	4292
the practices of professional counseling, social work, and	4293
marriage and family therapy in this state."	4294

Sec. 4757.16. (A) A person seeking to be licensed under this	4295
chapter as a licensed professional clinical counselor or licensed	4296
professional counselor shall file with the counselors professional	4297
standards committee of the counselor, social worker, and marriage	4298
and family therapist board a written application on a form	4299
prescribed by the board. A person seeking to be licensed under	4300
this chapter as an independent social worker or social worker or	4301
registered under this chapter as a social work assistant shall	4302
file with the social workers professional standards committee of	4303
the board a written application on a form prescribed by the board.	4304
A person seeking to be licensed under this chapter as an	4305
independent marriage and family therapist or a marriage and family	4306
therapist shall file with the marriage and family therapist	4307
professional standards committee of the board a written	4308
application on a form prescribed by the board.	4309

Each form prescribed by the board shall contain a statement	4310
informing the applicant that a person who knowingly makes a false	4311
statement on the form is guilty of falsification under section	4312
2921.13 of the Revised Code, a misdemeanor of the first degree.	4313

(B) The professional standards committees shall adopt rules	4314
under Chapter 119. of the Revised Code concerning the process for	4315
review of each application received ~~and shall~~to determine whether	4316
the applicant meets the requirements to receive the license or	4317
certificate of registration for which application has been made.	4318

Sec. 4757.21. A person licensed under this chapter to	4319
practice as a licensed professional clinical counselor or a	4320
licensed professional counselor may diagnose and treat mental and	4321
emotional disorders, except that a licensed professional counselor	4322
may do so only under the supervision of a psychologist,	4323
psychiatrist, licensed professional clinical counselor,	4324
independent marriage and family therapist, or independent social	4325
worker. A licensed professional clinical counselor or licensed	4326
professional counselor may engage in the private practice of	4327
professional counseling as an individual practitioner or as a	4328
member of a partnership or group practice.	4329

Sec. 4757.22. (A) The counselors professional standards	4330
committee of the counselor, social worker, and marriage and family	4331
therapist board shall issue a license to practice as a licensed	4332
professional clinical counselor to each applicant who submits a	4333
properly completed application, pays the fee established under	4334
section 4757.31 of the Revised Code, and meets the requirements	4335
specified in division (B) of this section.	4336

(B)(1) To be eligible for a licensed professional clinical	4337
counselor license, an individual must meet the following	4338
requirements:	4339

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

4340

~~(2)~~(b) The individual must hold from an accredited	4341
educational institution a graduate degree in counseling.	4342

~~(3)~~(c) The individual must complete a minimum of ninety	4343
quarter hours or sixty semester hours of graduate credit in	4344
counselor training acceptable to the committee, including a	4345
~~minimum of thirty quarter hours of~~ instruction in the following	4346
areas:	4347

~~(a)~~(i) Clinical psychopathology, personality, and abnormal	4348
behavior;	4349

~~(b)~~(ii) Evaluation of mental and emotional disorders;

4350

~~(c)~~(iii) Diagnosis of mental and emotional disorders;

4351

~~(d)~~(iv) Methods of prevention, intervention, and treatment of	4352
mental and emotional disorders.	4353

~~(4)~~(d) The individual must complete, in either a private or	4354
clinical counseling setting, supervised experience in counseling	4355
that is of a type approved by the committee, is supervised by a	4356
licensed professional clinical counselor or other qualified	4357
professional approved by the committee, and is in the following	4358
amounts:	4359

~~(a)~~(i) In the case of an individual holding only a master's	4360
degree, not less than two years of experience, which must be	4361
completed after the award of the master's degree;	4362

~~(b)~~(ii) In the case of an individual holding a doctorate, not	4363
less than one year of experience, which must be completed after	4364
the award of the doctorate.	4365

~~(5)~~(e) The individual must pass a field evaluation that meets	4366
the following requirements:	4367

~~(a)~~(i) Has been completed by the applicant's instructors,	4368
employers, supervisors, or other persons determined by the	4369
committee to be competent to evaluate an individual's professional	4370
competence;	4371

~~(b)~~(ii) Includes documented evidence of the quality, scope,	4372
and nature of the applicant's experience and competence in	4373
diagnosing and treating mental and emotional disorders.	4374

~~(6)~~(f) The individual must pass an examination administered	4375
by the board for the purpose of determining ability to practice as	4376
a licensed professional clinical counselor.	4377

(2) To meet the requirement of division (B)(1)(b) of this	4378
section, a graduate degree in counseling obtained from a mental	4379
health counseling program in this state after January 1, 2018,	4380
must be from one of the following:	4381

(a) A clinical mental health counseling program or an	4382
addiction counseling program accredited by the council for	4383
accreditation of counseling and related educational programs;	4384

(b) Any other accredited counseling programs accepted by the	4385
board in accordance with rules adopted under division (F)(3) of	4386
this section.	4387

(3) Clinical mental health counseling programs accredited by	4388
the council for accreditation of counseling and related	4389
educational programs and, until January 1, 2018, mental health	4390
counseling programs, and any other accredited counseling programs	4391
accepted by the board in accordance with rules adopted under	4392
division (F)(3) of this section meet the educational requirements	4393
of division (B)(1)(c) of this section.	4394

(C) To be accepted by the committee for purposes of division	4395
(B) of this section, counselor training must include at least the	4396
following:	4397

(1) Instruction in human growth and development; counseling	4398
theory; counseling techniques; group dynamics, processing, and	4399
counseling; appraisal of individuals; research and evaluation;	4400
professional, legal, and ethical responsibilities; social and	4401
cultural foundations; and lifestyle and career development;	4402

(2) Participation in a supervised practicum and internship in	4403
counseling.	4404

(D) The committee may issue a provisional license to an	4405
applicant who meets all of the requirements to be licensed under	4406
this section, pending the receipt of transcripts or action by the	4407
committee to issue a license to practice as a professional	4408
clinical counselor.	4409

(E) An individual may not sit for the licensing examination	4410
unless the individual meets the educational requirements to be	4411
licensed under this section. An individual who is denied admission	4412
to the licensing examination may appeal the denial in accordance	4413
with Chapter 119. of the Revised Code.	4414

(F) The board shall adopt any rules necessary for the	4415
committee to implement this section~~, including~~. The rules shall do	4416
all of the following:	4417

(1) Establish criteria for the committee to use in	4418
determining whether an applicant's training should be accepted and	4419
supervised experience approved;	4420

(2) Establish course content requirements for qualifying	4421
counseling degrees from clinical mental health counseling programs	4422
and addiction counseling programs that are not accredited by the	4423
council for accreditation of counseling and related educational	4424
programs and for graduate degrees from other accredited counseling	4425
programs approved by the board in accordance with rules adopted	4426
under division (F)(3) of this section;	4427

(3) For purposes of divisions (B)(2)(b) and (3) of this	4428
section, requirements for acceptance by the committee of	4429
accredited counseling programs.	4430

Rules adopted under this division shall be adopted in	4431
accordance with Chapter 119. of the Revised Code.	4432

Sec. 4757.23. (A) The counselors professional standards	4433
committee of the counselor, social worker, and marriage and family	4434
therapist board shall issue a license as a licensed professional	4435
counselor to each applicant who submits a properly completed	4436
application, pays the fee established under section 4757.31 of the	4437
Revised Code, and meets the requirements established under	4438
division (B) of this section.	4439

(B)(1) To be eligible for a license as a licensed	4440
professional counselor, an individual must meet the following	4441
requirements:	4442

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

4443

~~(2)~~(b) The individual must hold from an accredited	4444
educational institution a graduate degree in counseling.	4445

~~(3)~~(c) The individual must complete a minimum of ninety	4446
quarter hours or sixty semester hours of graduate credit in	4447
counselor training acceptable to the committee, which the	4448
individual may complete while working toward receiving a graduate	4449
degree in counseling, or subsequent to receiving the degree, and	4450
which shall include training in the following areas:	4451

(i) Clinical psychopathology, personality, and abnormal	4452
behavior;	4453

(ii) Evaluation of mental and emotional disorders;

4454

(iii) Diagnosis of mental and emotional disorders;

4455

(iv) Methods of prevention, intervention, and treatment of	4456
mental and emotional disorders.	4457

~~(4)~~(d) The individual must pass an examination administered	4458
by the board for the purpose of determining ability to practice as	4459
a licensed professional counselor.	4460

(2) To meet the requirement of division (B)(1)(b) of this	4461
section, a graduate degree in counseling obtained from a mental	4462
health counseling program in this state after January 1, 2018,	4463
must be from one of the following:	4464

(a) A counseling program accredited by the council for	4465
accreditation of counseling and related educational programs;	4466

(b) Any other accredited counseling programs accepted by the	4467
board in accordance with rules adopted under division (F)(3) of	4468
this section.	4469

(3) A graduate degree in counseling from a clinical mental	4470
health counseling program accredited by the council for	4471
accreditation of counseling and related educational programs meets	4472
the educational requirements of division (B)(1)(c) of this	4473
section.	4474

(C) To be accepted by the committee for purposes of division	4475
(B) of this section, counselor training must include at least the	4476
following:	4477

(1) Instruction in human growth and development; counseling	4478
theory; counseling techniques; group dynamics, processing, and	4479
counseling; appraisal of individuals; research and evaluation;	4480
professional, legal, and ethical responsibilities; social and	4481
cultural foundations; and lifestyle and career development;	4482

(2) Participation in a supervised practicum and internship in	4483
counseling.	4484

(D) The committee may issue a provisional license to an	4485
applicant who meets all of the requirements to be licensed under	4486
this section, pending the receipt of transcripts or action by the	4487
committee to issue a license as a licensed professional counselor.	4488

(E) An individual may not sit for the licensing examination	4489
unless the individual meets the educational requirements to be	4490
licensed under this section. An individual who is denied admission	4491
to the licensing examination may appeal the denial in accordance	4492
with Chapter 119. of the Revised Code.	4493

(F) The board shall adopt any rules necessary for the	4494
committee to implement this section~~, including~~. The rules shall do	4495
all of the following:	4496

(1) Establish criteria for the committee to use in	4497
determining whether an applicant's training should be accepted and	4498
supervised experience approved;	4499

(2) Establish requirements for qualifying counseling degrees	4500
from counseling programs that are not accredited by the council	4501
for accreditation of counseling and related educational programs	4502
and for graduate degrees from any other accredited counseling	4503
programs accepted by the board in accordance with rules adopted	4504
under division (F)(3) of this section;	4505

(3) For purposes of divisions (B)(2)(b) and (3) of this	4506
section, requirements for acceptance by the committee of	4507
accredited counseling programs.	4508

Rules adopted under this division shall be adopted in	4509
accordance with Chapter 119. of the Revised Code.	4510

Sec. 4757.26. (A) A person licensed under this chapter to	4511
practice as an independent social worker or a social worker may	4512
diagnose and treat mental and emotional disorders, except that a	4513
social worker may do so only under the supervision of a	4514
psychologist, psychiatrist, licensed professional clinical	4515
counselor, independent marriage and family therapist, independent	4516
social worker, or registered nurse who holds a master's degree in	4517
psychiatric nursing.	4518

(B) A person licensed under this chapter to practice as an	4519
independent social worker may engage in the private practice of	4520
social work as an individual practitioner or as a member of a	4521
partnership or group practice.	4522

(C) A person licensed under this chapter to practice as a	4523
social worker shall not engage in the private practice of social	4524
work as an individual practitioner or as a member of a partnership	4525
or group practice. A social worker shall not engage in the	4526
practice of social work as an employee of a private individual,	4527
partnership, or group practitioner of social work unless the	4528
social worker is supervised by a psychologist, psychiatrist,	4529
licensed professional clinical counselor, independent marriage and	4530
family therapist, independent social worker, or registered nurse	4531
who holds a master's degree in psychiatric nursing.	4532

(D) A person who receives a certificate of registration to	4533
practice as a social work assistant is not authorized to engage in	4534
the practice of social work. A social work assistant, under the	4535
direct supervision of a psychologist, psychiatrist, licensed	4536
professional clinical counselor, licensed professional counselor,	4537
independent marriage and family therapist, independent social	4538
worker, social worker, or registered nurse who holds a master's	4539
degree in psychiatric nursing, may provide human, social, and	4540
community services that include intake assessment and referral,	4541
screening, crisis intervention and resolution, community support,	4542
case management and outreach, record keeping, social assessment,	4543
visual observation of an individual in the individual's	4544
environment, assistance in facilitation with groups and families,	4545
advocacy, and orientation, education, and prevention services.	4546

Sec. 4757.27. (A) The social workers professional standards	4547
committee of the counselor, social worker, and marriage and family	4548
therapist board shall issue a license as an independent social	4549
worker to each applicant who submits a properly completed	4550
application, pays the fee established under section 4757.31 of the	4551
Revised Code, and meets the requirements specified in division (B)	4552
of this section. An independent social worker license shall	4553
clearly indicate each academic degree earned by the person to whom	4554
it has been issued.	4555

(B) To be eligible for a license as an independent social	4556
worker, an individual must meet the following requirements:	4557

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

4558

(2) The individual must hold ~~from an accredited educational~~	4559
~~institution~~ a master's degree ~~or a doctorate~~ in social work from	4560
an educational institution accredited by the council on social	4561
work education.	4562

(3) The individual must complete at least two years of	4563
post-master's degree social work experience supervised by an	4564
independent social worker.	4565

(4) The individual must pass an examination administered by	4566
the board for the purpose of determining ability to practice as an	4567
independent social worker.	4568

(C) The committee may issue a temporary license to an	4569
applicant who meets all of the requirements to be licensed under	4570
this section, pending the receipt of transcripts or action by the	4571
committee to issue a license as an independent social worker.	4572

(D) The board shall adopt any rules necessary for the	4573
committee to implement this section, including criteria for the	4574
committee to use in determining whether an applicant's training	4575
should be accepted and supervised experience approved. Rules	4576
adopted under this division shall be adopted in accordance with	4577
Chapter 119. of the Revised Code.	4578

Sec. 4757.28. (A) The social workers professional standards	4579
committee of the counselor, social worker, and marriage and family	4580
therapist board shall issue a license as a social worker to each	4581
applicant who submits a properly completed application, pays the	4582
fee established under section 4757.31 of the Revised Code, and	4583
meets the requirements specified in division (B) of this section.	4584
A social worker license shall clearly indicate each academic	4585
degree earned by the person to whom it is issued.	4586

(B) To be eligible for a license as a social worker, an	4587
individual must meet the following requirements:	4588

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

4589

(2) The individual must hold from an accredited educational	4590
institution one of the following:	4591

(a) A baccalaureate degree in social work ~~or, prior to~~	4592
~~October 10, 1992, a baccalaureate degree in a program closely~~	4593
~~related to social work and approved by the committee~~;	4594

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

4595

4596

(3) The individual must pass an examination administered by	4597
the board for the purpose of determining ability to practice as a	4598
social worker.	4599

(C) The committee may issue a temporary license to practice	4600
as a social worker as follows:	4601

(1) To an applicant who meets all of the requirements to be	4602
licensed under this section, pending the receipt of transcripts or	4603
action by the committee to issue a license as a social worker.	4604
~~However, the committee may issue a temporary license~~;	4605

(2) For a period not to exceed ninety days, to an applicant	4606
who provides the board with a statement from the applicant's	4607
academic institution indicating that the applicant ~~is in good~~	4608
~~standing with the institution, that the applicant~~ has met the	4609
academic requirements for the applicant's degree, and the	4610
projected date the applicant will receive the applicant's	4611
transcript showing a conferred degree.	4612

On application to the committee, a temporary license issued	4613
under division (C)(2) of this section may be renewed for good	4614
cause shown.	4615

(D) The board shall adopt any rules necessary for the	4616
committee to implement this section, including criteria for the	4617
committee to use in determining whether an applicant's training	4618
should be accepted and supervised experience approved. Rules	4619
adopted under this division shall be adopted in accordance with	4620
Chapter 119. of the Revised Code.	4621

Sec. 4757.29. ~~(A)~~ The social workers professional standards	4622
committee of the counselor, social worker, and marriage and family	4623
therapist board shall issue a certificate of registration as a	4624
social work assistant to each applicant who submits a properly	4625
completed application, pays the fee established under section	4626
4757.31 of the Revised Code, is of good moral character, and holds	4627
from an accredited educational institution an associate degree in	4628
social service technology or a bachelor's degree that is	4629
equivalent to an associate degree in social service technology or	4630
a related bachelor's or higher degree that is approved by the	4631
committee.	4632

~~(B) On and after March 18, 1997, a counselor assistant~~	4633
~~certificate of registration issued under former section 4757.08 of~~	4634
~~the Revised Code shall be considered a certificate of registration~~	4635
~~as a social work assistant. The holder of the certificate is~~	4636
~~subject to the supervision requirements specified in section~~	4637
~~4757.26 of the Revised Code, the continuing education requirements~~	4638
~~specified in section 4757.33 of the Revised Code, and regulation~~	4639
~~by the social workers professional standards committee. On the~~	4640
~~first renewal occurring after March 18, 1997, the committee shall~~	4641
~~issue a certificate of registration as a social work assistant to~~	4642
~~each former counselor assistant who qualifies for renewal.~~	4643

~~(C) The social workers professional standards committee shall~~	4644
~~issue a certificate of registration as a social work assistant to~~	4645
~~any person who, on or before March 18, 1998, meets the~~	4646
~~requirements for a certificate of registration as a counselor~~	4647
~~assistant pursuant to division (A)(3) of former section 4757.08 of~~	4648
~~the Revised Code, submits a properly completed application, pays~~	4649
~~the fee established under section 4757.31 of the Revised Code, and~~	4650
~~is of good moral character.~~	4651

Sec. 4757.30. (A) The marriage and family therapist	4652
professional standards committee of the counselor, social worker,	4653
and marriage and family therapist board shall issue a license to	4654
practice as a marriage and family therapist to a person who has	4655
done all of the following:	4656

(1) Properly completed an application for the license;

4657

(2) Paid the required fee established by the board under	4658
section 4757.31 of the Revised Code;	4659

(3) Achieved one of the following:

4660

(a) Received from an educational institution accredited at	4661
the time the degree was granted by a regional accrediting	4662
organization recognized by the board a master's degree or a	4663
doctorate in marriage and family therapy;	4664

(b) Completed a graduate degree that includes a minimum of	4665
ninety quarter hours of graduate level course work in marriage and	4666
family therapy training that is acceptable to the committee;	4667

(4) Passed an examination administered by the board for the	4668
purpose of determining the person's ability to be a marriage and	4669
family therapist;	4670

(5) Completed a practicum that includes at least three	4671
hundred hours of client contact.	4672

(B) To be accepted by the committee for purposes of division	4673
(A)(3)(b) of this section, marriage and family therapist training	4674
must include instruction in at least the following:	4675

(1) Research and evaluation;

4676

(2) Professional, legal, and ethical responsibilities;

4677

(3) Marriage and family studies;

4678

(4) Marriage and family therapy, including therapeutic theory	4679
and techniques for individuals, groups, and families;	4680

(5) Human development;

4681

(6) Appraisal of individuals and families;

4682

(7) Diagnosis of mental and emotional disorders;

4683

(8) Systems theory.

4684

(C) The marriage and family therapist professional standards	4685
committee shall issue a license to practice as an independent	4686
marriage and family therapist to a person who does both of the	4687
following:	4688

(1) Meets all of the requirements of division (A) of this	4689
section;	4690

(2) After meeting the requirements of division (A)(3) of this	4691
section, completes at least two calendar years of ~~work experience~~	4692
supervised training while engaged in the practice of marriage and	4693
family therapy.	4694

The two ~~calendar~~ years of ~~work experience~~supervised training	4695
must include two hundred hours of face-to-face supervision while	4696
completing a minimum of one thousand hours of documented client	4697
contact in marriage and family therapy. ~~Two~~Of the required two	4698
hundred hours ~~of the one thousand hours must include face-to-face~~	4699
~~supervision~~, a minimum of one hundred hours must be individual	4700
supervision. Supervision shall be performed by a supervisor whose	4701
training and experience meets standards established by the board	4702
in rules adopted under section 4757.10 of the Revised Code ~~and one~~	4703
~~hundred hours of the two hundred hours of supervision must be~~	4704
~~individual supervision~~.	4705

(D) An independent marriage and family therapist or a	4706
marriage and family therapist may engage in the private practice	4707
of marriage and family therapy as an individual practitioner or as	4708
a member of a partnership or group practice.	4709

(E) A marriage and family therapist may diagnose and treat	4710
mental and emotional disorders only under the supervision of a	4711
psychologist, psychiatrist, licensed professional clinical	4712
counselor, independent social worker, or independent marriage and	4713
family therapist. An independent marriage and family therapist may	4714
diagnose and treat mental and emotional disorders without	4715
supervision.	4716

(F) Nothing in this chapter or rules adopted under it	4717
authorizes an independent marriage and family therapist or a	4718
marriage and family therapist to admit a patient to a hospital or	4719
requires a hospital to allow a marriage and family therapist to	4720
admit a patient.	4721

(G) An independent marriage and family therapist or a	4722
marriage and family therapist may not diagnose, treat, or advise	4723
on conditions outside the recognized boundaries of the marriage	4724
and family therapist's competency. An independent marriage and	4725
family therapist or a marriage and family therapist shall make	4726
appropriate and timely referrals when a client's needs exceed the	4727
marriage and family therapist's competence level.	4728

Sec. 4757.31. (A) Subject to division (B) of this section,	4729
the counselor, social worker, and marriage and family therapist	4730
board shall establish, and may from time to time adjust, fees to	4731
be charged for the following:	4732

(1) Examination for licensure as a licensed professional	4733
clinical counselor, licensed professional counselor, marriage and	4734
family therapist, independent marriage and family therapist,	4735
social worker, or independent social worker;	4736

(2) Initial licenses of licensed professional clinical	4737
counselors, licensed professional counselors, marriage and family	4738
therapists, independent marriage and family therapists, social	4739
workers, and independent social workers, except that the board	4740
shall charge only one fee to a person who fulfills all	4741
requirements for more than one of the following initial licenses:	4742
an initial license as a social worker or independent social	4743
worker, an initial license as a licensed professional counselor or	4744
licensed professional clinical counselor, and an initial license	4745
as a marriage and family therapist or independent marriage and	4746
family therapist;	4747

(3) Initial certificates of registration of social work	4748
assistants;	4749

(4) Renewal and late renewal of licenses of licensed	4750
professional clinical counselors, licensed professional	4751
counselors, marriage and family therapists, independent marriage	4752
and family therapists, social workers, and independent social	4753
workers and renewal and late renewal of certificates of	4754
registration of social work assistants;	4755

(5) Verification, to another jurisdiction, of a license or	4756
registration issued by the board;	4757

(6) Continuing education programs offered by the board to	4758
licensees or registrants;	4759

(7) Approval of continuing education programs;

4760

(8) Approval of continuing education providers to be	4761
authorized to offer continuing education programs without prior	4762
approval from the board for each program offered;	4763

(9) Issuance of a replacement copy of any wall certificate	4764
issued by the board;	4765

(10) Late completion of continuing counselor, social worker,	4766
or marriage and family therapy education required under section	4767
4757.33 of the Revised Code and the rules adopted under it.	4768

(B) The fees charged under division (A)(1) of this section	4769
shall be established in amounts sufficient to cover the direct	4770
expenses incurred in examining applicants for licensure. The fees	4771
charged under divisions (A)(2) to (9) of this section shall be	4772
nonrefundable and shall be established in amounts sufficient to	4773
cover the necessary expenses in administering this chapter and	4774
rules adopted under it that are not covered by fees charged under	4775
division (A)(1) or (C) of this section. The renewal fee for a	4776
license or certificate of registration shall not be less than the	4777
initial fee for that license or certificate. The fees charged for	4778
licensure and registration and the renewal of licensure and	4779
registration may differ for the various types of licensure and	4780
registration, but shall not exceed one hundred twenty-five dollars	4781
each, unless the board determines that amounts in excess of one	4782
hundred twenty-five dollars are needed to cover its necessary	4783
expenses in administering this chapter and rules adopted under it	4784
and the amounts in excess of one hundred twenty-five dollars are	4785
approved by the controlling board.	4786

(C) All receipts of the board shall be deposited in the state	4787
treasury to the credit of the occupational licensing and	4788
regulatory fund. All vouchers of the board shall be approved by	4789
the chairperson or executive director of the board, or both, as	4790
authorized by the board.	4791

Sec. 4757.33. (A) Except as provided in division (B) of this	4792
section, each person who holds a license or certificate of	4793
registration issued under this chapter shall complete during the	4794
period that the license or certificate is in effect not less than	4795
thirty clock hours of continuing professional education as a	4796
condition of receiving a renewed license or certificate. To have a	4797
lapsed license or certificate of registration restored, a person	4798
shall complete the number of hours of continuing education	4799
specified by the counselor, social worker, and marriage and family	4800
therapist board in rules it shall adopt in accordance with Chapter	4801
119. of the Revised Code.	4802

The professional standards committees of the counselor,	4803
social worker, and marriage and family therapist board shall adopt	4804
rules in accordance with Chapter 119. of the Revised Code	4805
establishing standards and procedures to be followed by the	4806
committees in conducting the continuing education approval	4807
process, which shall include registering individuals and entities	4808
to provide continuing education programs approved by the board.	4809

(B) The board may waive the continuing education requirements	4810
established under this section for persons who are unable to	4811
fulfill them because of military service, illness, residence	4812
abroad, or any other reason the committee considers acceptable.	4813

~~In the case of a social worker licensed by virtue of~~	4814
~~receiving, prior to October 10, 1992, a baccalaureate degree in a~~	4815
~~program closely related to social work, as a condition of the~~	4816
~~first renewal of the license, the social worker must complete at~~	4817
~~an accredited educational institution a minimum of five semester~~	4818
~~hours of social work graduate or undergraduate credit, or their~~	4819
~~equivalent, that is acceptable to the committee and includes a~~	4820
~~course in social work theory and a course in social work methods.~~	4821

Sec. 4757.34. ~~Not later than ninety days after December 9,~~	4822
~~1994, the~~The counselor, social worker, and marriage and family	4823
therapist board shall approve one or more continuing education	4824
courses of study that assist social workers, independent social	4825
workers, social work assistants, independent marriage and family	4826
therapists, marriage and family therapists, licensed professional	4827
clinical counselors, and licensed professional counselors in	4828
recognizing the signs of domestic violence and its relationship to	4829
child abuse. Social workers, independent social workers, social	4830
work assistants, independent marriage and family therapists,	4831
marriage and family therapists, licensed professional clinical	4832
counselors, and licensed professional counselors are not required	4833
to take the courses.	4834

Sec. 4757.36. (A) The appropriate professional standards	4835
committee of the counselor, social worker, and marriage and family	4836
therapist board may, in accordance with Chapter 119. of the	4837
Revised Code, take any action specified in division (B) of this	4838
section for any reason described in division (C) of this section	4839
against an individual who has applied for or holds a license to	4840
~~practice as a professional clinical counselor, professional~~	4841
~~counselor, independent marriage and family therapist, marriage and~~	4842
~~family therapist, social worker, or independent social worker, or~~	4843
~~a certificate of registration to practice as a social work~~	4844
~~assistant, for any reason described in division (C) of this~~	4845
~~section~~issued under this chapter; a counselor trainee, social	4846
worker trainee, or marriage and family therapist trainee; or an	4847
individual or entity that is registered, or has applied for	4848
registration, in accordance with rules adopted under section	4849
4757.33 of the Revised Code to provide continuing education	4850
programs approved by the board.	4851

(B) In its imposition of sanctions against an individual or	4852
entity specified in division (A) of this section, the board may do	4853
any of the following:	4854

(1) Refuse to issue or refuse to renew a license or	4855
certificate of registration;	4856

(2) Suspend, revoke, or otherwise restrict a license or	4857
certificate of registration;	4858

(3) Reprimand an individual holding a license or certificate	4859
of registration;	4860

(4) Impose a fine in accordance with the graduated system of	4861
fines established by the board in rules adopted under section	4862
4757.10 of the Revised Code;	4863

(5) Require an individual holding a license or certificate of	4864
registration to take corrective action courses.	4865

(C) The appropriate professional standards committee of the	4866
board may take an action specified in division (B) of this section	4867
for any of the following reasons:	4868

(1) Commission of an act that violates any provision of this	4869
chapter or rules adopted under it;	4870

(2) Knowingly making a false statement on an application for	4871
licensure or registration, or for renewal of a license or	4872
certificate of registration;	4873

(3) Accepting a commission or rebate for referring persons to	4874
any professionals licensed, certified, or registered by any court	4875
or board, commission, department, division, or other agency of the	4876
state, including, but not limited to, individuals practicing	4877
counseling, social work, or marriage and family therapy or	4878
practicing in fields related to counseling, social work, or	4879
marriage and family therapy;	4880

(4) A failure to comply with section ~~4757.12~~4757.13 of the	4881
Revised Code;	4882

(5) A conviction in this or any other state of a crime that	4883
is a felony in this state;	4884

(6) A failure to perform properly as a licensed professional	4885
clinical counselor, licensed professional counselor, independent	4886
marriage and family therapist, marriage and family therapist,	4887
social work assistant, social worker, or independent social worker	4888
due to the use of alcohol or other drugs or any other physical or	4889
mental condition;	4890

(7) A conviction in this state or in any other state of a	4891
misdemeanor committed in the course of practice as a licensed	4892
professional clinical counselor, licensed professional counselor,	4893
independent marriage and family therapist, marriage and family	4894
therapist, social work assistant, social worker, or independent	4895
social worker;	4896

(8) Practicing outside the scope of practice applicable to	4897
that person;	4898

(9) Practicing in violation of the supervision requirements	4899
specified under sections 4757.21 and 4757.26, and division (E) of	4900
section 4757.30, of the Revised Code;	4901

(10) A violation of the person's code of ethical practice	4902
adopted by rule of the board pursuant to section 4757.11 of the	4903
Revised Code;	4904

(11) Revocation or suspension of a license or certificate of	4905
registration, other disciplinary action against a license holder	4906
or registration, or the voluntary surrender of a license or	4907
certificate of registration in another state or jurisdiction for	4908
an offense that would be a violation of this chapter.	4909

(D) A disciplinary action under division (B) of this section	4910
shall be taken pursuant to an adjudication under Chapter 119. of	4911
the Revised Code, except that in lieu of an adjudication, the	4912
appropriate professional standards committee may enter into a	4913
consent agreement with an individual or entity specified in	4914
division (A) of this section to resolve an allegation of a	4915
violation of this chapter or any rule adopted under it. A consent	4916
agreement, when ratified by the appropriate professional standards	4917
committee, constitutes the findings and order of the board with	4918
respect to the matter addressed in the agreement. If a committee	4919
refuses to ratify a consent agreement, the admissions and findings	4920
contained in the consent agreement are of no force or effect.	4921

(E) In any instance in which a professional standards	4922
committee of the board is required by Chapter 119. of the Revised	4923
Code to give notice of the opportunity for a hearing and the	4924
individual or entity subject to the notice does not timely request	4925
a hearing in accordance with section 119.07 of the Revised Code,	4926
the committee may adopt a final order that contains the board's	4927
findings. In that final order, the committee may order any of the	4928
sanctions identified in division (B) of this section.	4929

(F) One year or more after the date of suspension or	4930
revocation of a license or certificate of registration under this	4931
section, application may be made to the appropriate professional	4932
standards committee for reinstatement. The committee may ~~accept~~	4933
approve or ~~refuse~~deny an application for reinstatement. If a	4934
license has been suspended or revoked, the committee may require	4935
an examination for reinstatement.	4936

~~(E)~~(G) On request of the board, the attorney general shall	4937
bring and prosecute to judgment a civil action to collect any fine	4938
imposed under division (B)(4) of this section that remains unpaid.	4939

~~(F)~~(H) All fines collected under division (B)(4) of this	4940
section shall be deposited into the state treasury to the credit	4941
of the occupational licensing and regulatory fund.	4942

Sec. 4757.37. (A) An individual whom the counselor, social	4943
worker, and marriage and family therapist board licenses,	4944
certificates, or otherwise legally authorizes to engage in the	4945
practice of professional counseling, social work, or marriage and	4946
family therapy may render the professional services of a licensed	4947
professional clinical counselor, licensed professional counselor,	4948
independent social worker, social worker, independent marriage and	4949
family therapist, or marriage and family therapist within this	4950
state through a corporation formed under division (B) of section	4951
1701.03 of the Revised Code, a limited liability company formed	4952
under Chapter 1705. of the Revised Code, a partnership, or a	4953
professional association formed under Chapter 1785. of the Revised	4954
Code. This division does not preclude such an individual from	4955
rendering professional services as a licensed professional	4956
clinical counselor, licensed professional counselor, independent	4957
social worker, social worker, independent marriage and family	4958
therapist, or marriage and family therapist through another form	4959
of business entity, including, but not limited to, a nonprofit	4960
corporation or foundation, or in another manner that is authorized	4961
by or in accordance with this chapter, another chapter of the	4962
Revised Code, or rules of the counselor, social worker, and	4963
marriage and family therapist board adopted pursuant to this	4964
chapter.	4965

(B) A corporation, limited liability company, partnership, or	4966
professional association described in division (A) of this section	4967
may be formed for the purpose of providing a combination of the	4968
professional services of the following individuals who are	4969
licensed, certificated, or otherwise legally authorized to	4970
practice their respective professions:	4971

(1) Optometrists who are authorized to practice optometry	4972
under Chapter 4725. of the Revised Code;	4973

(2) Chiropractors who are authorized to practice chiropractic	4974
or acupuncture under Chapter 4734. of the Revised Code;	4975

(3) Psychologists who are authorized to practice psychology	4976
under Chapter 4732. of the Revised Code;	4977

(4) Registered or licensed practical nurses who are	4978
authorized to practice nursing as registered nurses or as licensed	4979
practical nurses under Chapter 4723. of the Revised Code;	4980

(5) Pharmacists who are authorized to practice pharmacy under	4981
Chapter 4729. of the Revised Code;	4982

(6) Physical therapists who are authorized to practice	4983
physical therapy under sections 4755.40 to 4755.56 of the Revised	4984
Code;	4985

(7) Occupational therapists who are authorized to practice	4986
occupational therapy under sections 4755.04 to 4755.13 of the	4987
Revised Code;	4988

(8) Mechanotherapists who are authorized to practice	4989
mechanotherapy under section 4731.151 of the Revised Code;	4990

(9) Doctors of medicine and surgery, osteopathic medicine and	4991
surgery, or podiatric medicine and surgery who are authorized for	4992
their respective practices under Chapter 4731. of the Revised	4993
Code;	4994

(10) Licensed professional clinical counselors, licensed	4995
professional counselors, independent social workers, social	4996
workers, independent marriage and family therapists, or marriage	4997
and family therapists who are authorized for their respective	4998
practices under this chapter.	4999

This division applies notwithstanding a provision of a code	5000
of ethics applicable to an individual who is a licensed	5001
professional clinical counselor, licensed professional counselor,	5002
independent social worker, social worker, independent marriage and	5003
family therapist, or marriage and family therapist that prohibits	5004
the individual from engaging in the individual's practice in	5005
combination with a person who is licensed, certificated, or	5006
otherwise legally authorized to practice optometry, chiropractic,	5007
acupuncture through the state chiropractic board, psychology,	5008
nursing, pharmacy, physical therapy, occupational therapy,	5009
mechanotherapy, medicine and surgery, osteopathic medicine and	5010
surgery, or podiatric medicine and surgery, but who is not also	5011
licensed, certificated, or otherwise legally authorized to engage	5012
in the practice of professional counseling, social work, or	5013
marriage and family therapy.	5014

Sec. 4757.38. (A) The counselor, social worker, and marriage	5015
and family therapist board shall investigate alleged violations of	5016
this chapter or the rules adopted under it and alleged	5017
irregularities in the delivery of services related to professional	5018
counseling, social work, or marriage and family therapy by persons	5019
licensed or registered under this chapter. As part of its conduct	5020
of an investigation, the board may issue subpoenas, examine	5021
witnesses, and administer oaths.	5022

(B) All of the following apply under this chapter with	5023
respect to the confidentiality of information:	5024

(1) Information received by the board pursuant to a complaint	5025
or an investigation is confidential and not subject to discovery	5026
in any civil action, except that the board may disclose	5027
information to law enforcement officers and government entities	5028
for purposes of an investigation of either an individual who holds	5029
a license or certificate of registration issued under this chapter	5030
or an individual or entity that may have engaged in the	5031
unauthorized practice of professional counseling, social work, or	5032
marriage and family therapy. No law enforcement officer or	5033
government entity with knowledge of any information disclosed by	5034
the board pursuant to this division shall divulge the information	5035
to any other person or government entity except for the purpose of	5036
a government investigation, a prosecution, or an adjudication by a	5037
court or government entity.	5038

(2) If an investigation requires a review of patient records,	5039
the investigation and proceeding shall be conducted in such a	5040
manner as to protect patient confidentiality.	5041

(3) All adjudications and investigations of the board are	5042
civil actions for the purposes of section 2305.252 of the Revised	5043
Code.	5044

(4) Any board activity that involves continued monitoring of	5045
an individual as part of or following any disciplinary action	5046
taken under section 4755.36 of the Revised Code shall be conducted	5047
in a manner that maintains the individual's confidentiality.	5048
Information received or maintained by the board with respect to	5049
the board's monitoring activities is not subject to discovery in	5050
any civil action and is confidential, except that the board may	5051
disclose information to law enforcement officers and government	5052
entities for purposes of an investigation of an individual holding	5053
a license or certificate of registration issued under this	5054
chapter.	5055

(C) The board may receive any information necessary to	5056
conduct an investigation under this section. If the board is	5057
investigating the provision of services to a couple or group, it	5058
is not necessary for both members of the couple or all members of	5059
the group to consent to the release of information relevant to the	5060
investigation.	5061

(D) The board shall ensure that all records it holds	5062
pertaining to an investigation remain confidential. The board	5063
shall adopt rules establishing procedures to be followed in	5064
maintaining the confidentiality of its investigative records. The	5065
rules shall be adopted in accordance with Chapter 119. of the	5066
Revised Code.	5067

Sec. 4757.41. (A) This chapter shall not apply to the	5068
following:	5069

(1) A person certified by the state board of education under	5070
Chapter 3319. of the Revised Code while performing any services	5071
within the person's scope of employment by a board of education or	5072
by a private school meeting the standards prescribed by the state	5073
board of education under division (D) of section 3301.07 of the	5074
Revised Code or in a program operated under Chapter 5126. of the	5075
Revised Code for training individuals with mental retardation or	5076
other developmental disabilities;	5077

(2) Psychologists or school psychologists licensed under	5078
Chapter 4732. of the Revised Code;	5079

(3) Members of other professions licensed, certified, or	5080
registered by this state while performing services within the	5081
recognized scope, standards, and ethics of their respective	5082
professions;	5083

(4) Rabbis, priests, Christian science practitioners, clergy,	5084
or members of religious orders and other individuals participating	5085
with them in pastoral counseling when the counseling activities	5086
are within the scope of the performance of their regular or	5087
specialized ministerial duties and are performed under the	5088
auspices or sponsorship of an established and legally cognizable	5089
church, denomination, or sect or an integrated auxiliary of a	5090
church as defined in federal tax regulations, paragraph (g)(5) of	5091
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the	5092
service remains accountable to the established authority of that	5093
church, denomination, sect, or integrated auxiliary;	5094

(5) Any person who is not licensed under this chapter as a	5095
licensed professional clinical counselor, licensed professional	5096
counselor, independent social worker, or social worker and is	5097
employed in the civil service as defined in section 124.01 of the	5098
Revised Code while engaging in ~~social work or~~ professional	5099
counseling or social work as a civil service employee, if on the	5100
effective date of this amendment the person has at least two years	5101
of service in that capacity;	5102

(6) A student in an accredited educational institution while	5103
carrying out activities that are part of the student's prescribed	5104
course of study if the activities are supervised as required by	5105
the educational institution and if the student does not hold	5106
herself or himself out as a person licensed or registered under	5107
this chapter;	5108

(7) Individuals who hold a license or certificate under	5109
Chapter 4758. of the Revised Code who are acting within the scope	5110
of their license or certificate as members of the profession of	5111
chemical dependency counseling or alcohol and other drug	5112
prevention services;	5113

(8) Any person employed by the American red cross while	5114
engaging in activities relating to services for military families	5115
and veterans and disaster relief, as described in the "American	5116
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as	5117
amended;	5118

(9) Members of labor organizations who hold union counselor	5119
certificates while performing services in their official capacity	5120
as union counselors;	5121

(10) Any person employed in a hospital as defined in section	5122
3727.01 of the Revised Code or in a nursing home as defined in	5123
section 3721.01 of the Revised Code while providing as a hospital	5124
employee or nursing home employee, respectively, social services	5125
other than counseling and the use of psychosocial interventions	5126
and social psychotherapy;	5127

(11) A vocational rehabilitation professional who is	5128
providing rehabilitation services to individuals under section	5129
3304.17 of the Revised Code;	5130

(12) A caseworker employed by a public children services	5131
agency under section 5153.112 of the Revised Code.	5132

(B) Divisions (A)(5)~~, (8),~~ and (10) of this section do not	5133
prevent a person described in those divisions from obtaining a	5134
license or certificate of registration under this chapter.	5135

(C) Except as provided in divisions (A) and (D) of this	5136
section, no employee in the service of the state, including public	5137
employees as defined by Chapter 4117. of the Revised Code, shall	5138
engage in the practice of professional counseling, social work, or	5139
marriage and family therapy without the appropriate license issued	5140
by the board. Failure to comply with this division constitutes	5141
nonfeasance under section 124.34 of the Revised Code or just cause	5142
under a collective bargaining agreement. Nothing in this division	5143
restricts the director of administrative services from developing	5144
new classifications related to this division or from reassigning	5145
affected employees to appropriate classifications based on the	5146
employee's duties and qualifications.	5147

(D) Except as provided in division (A) of this section, an	5148
employee who was engaged in the practice of professional	5149
counseling, social work, or marriage and family therapy in the	5150
service of the state prior to the effective date of this	5151
amendment, including public employees as defined by Chapter 4117.	5152
of the Revised Code, shall comply with division (C) of this	5153
section within two years after the effective date of this	5154
amendment. Any such employee who fails to comply shall be removed	5155
from employment.	5156

Sec. 4757.43. Nothing in this chapter or the rules adopted	5157
under it shall be construed as authorizing a licensed professional	5158
clinical counselor, licensed professional counselor, independent	5159
marriage and family therapist, marriage and family therapist,	5160
independent social worker, social worker, or social work assistant	5161
to admit a patient to a hospital or as requiring a hospital to	5162
allow any of those individuals to admit a patient.	5163

Sec. 4758.40. An individual seeking an independent chemical	5164
dependency counselor license shall meet the requirements of	5165
division (A) or (B) of this section.	5166

(A) To meet the requirements of this division, an individual	5167
must meet all of the following requirements:	5168

(1) Hold from an accredited educational institution at least	5169
a master's degree in a behavioral science or nursing that meets	5170
the course requirements specified in rules adopted under section	5171
4758.20 of the Revised Code;	5172

(2) Have not less than two thousand hours of compensated work	5173
or supervised internship experience in any of the following, not	5174
less than four hundred hours of which are in chemical dependency	5175
counseling:	5176

(a) Chemical dependency services, substance abuse services,	5177
or both types of services;	5178

(b) The practice of psychology, as defined in section 4732.01	5179
of the Revised Code;	5180

(c) The practice of professional counseling, the practice of	5181
social work, or the practice of marriage and family therapy, all	5182
as defined in section 4757.01 of the Revised Code.	5183

(3) Have a minimum of one hundred eighty hours of training in	5184
chemical dependency that meets the requirements specified in rules	5185
adopted under section 4758.20 of the Revised Code;	5186

(4) Unless the individual holds a valid license,	5187
registration, certificate, or credentials issued under another	5188
chapter of the Revised Code that authorizes the individual to	5189
engage in a profession whose scope of practice includes chemical	5190
dependency counseling and diagnosing and treating chemical	5191
dependency conditions, pass one or more examinations administered	5192
pursuant to section 4758.22 of the Revised Code for the purpose of	5193
determining competence to practice as an independent chemical	5194
dependency counselor.	5195

(B) To meet the requirements of this division, an individual	5196
must meet both of the following requirements:	5197

(1) Hold, on December 23, 2002, a certificate or credentials	5198
that were accepted under former section 3793.07 of the Revised	5199
Code as authority to practice as a certified chemical dependency	5200
counselor III or certified chemical dependency counselor III-E;	5201

(2) Meet one of the following requirements:

5202

(a) Hold the degree described in division (A)(1) of this	5203
section;	5204

(b) Have held a chemical dependency counselor III, II, or I	5205
certificate for at least eight consecutive years and have not less	5206
than forty clock hours of training on the version of the	5207
diagnostic and statistical manual of mental disorders that is	5208
current at the time of the training. The training must meet the	5209
requirements specified in rules adopted under section 4758.20 of	5210
the Revised Code. An individual authorized under Chapter 4731. of	5211
the Revised Code to practice medicine and surgery or osteopathic	5212
medicine and surgery, a psychologist licensed under Chapter 4732.	5213
of the Revised Code, or a licensed professional clinical counselor	5214
or independent social worker licensed under Chapter 4757. of the	5215
Revised Code may provide any portion of the training. An	5216
independent chemical dependency counselor licensed under this	5217
chapter who holds the degree described in division (A)(1) of this	5218
section may provide the portion of the training on chemical	5219
dependency conditions.	5220

Sec. 4758.41. An individual seeking a chemical dependency	5221
counselor III license shall meet the requirements of division (A),	5222
(B), or (C) of this section.	5223

(A) To meet the requirements of this division, an individual	5224
must meet all of the following requirements:	5225

(1) Hold from an accredited educational institution at least	5226
a bachelor's degree in a behavioral science or nursing that meets	5227
the course requirements specified in rules adopted under section	5228
4758.20 of the Revised Code;	5229

(2) Have not less than two thousand hours of compensated work	5230
or supervised internship experience in any of the following, not	5231
less than four hundred hours of which are in chemical dependency	5232
counseling:	5233

(a) Chemical dependency services, substance abuse services,	5234
or both types of services;	5235

(b) The practice of psychology, as defined in section 4732.01	5236
of the Revised Code;	5237

(c) The practice of professional counseling, the practice of	5238
social work, or the practice of marriage and family therapy, all	5239
as defined in section 4757.01 of the Revised Code.	5240

(3) Have a minimum of one hundred eighty hours of training in	5241
chemical dependency that meets the requirements specified in rules	5242
adopted under section 4758.20 of the Revised Code;	5243

(4) Unless the individual holds a valid license,	5244
registration, certificate, or credentials issued under another	5245
chapter of the Revised Code that authorizes the individual to	5246
engage in a profession whose scope of practice includes chemical	5247
dependency counseling and diagnosing and treating chemical	5248
dependency conditions, pass one or more examinations administered	5249
pursuant to section 4758.22 of the Revised Code for the purpose of	5250
determining competence to practice as a chemical dependency	5251
counselor III.	5252

(B) To meet the requirements of this division, an individual	5253
must meet both of the following requirements:	5254

(1) Hold, on December 23, 2002, a certificate or credentials	5255
that were accepted under former section 3793.07 of the Revised	5256
Code as authority to practice as a certified chemical dependency	5257
counselor III or certified chemical dependency counselor III-E;	5258

(2) Have not less than forty clock hours of training on the	5259
version of the diagnostic and statistical manual of mental	5260
disorders that is current at the time of the training. The	5261
training must meet the requirements specified in rules adopted	5262
under section 4758.20 of the Revised Code. An individual	5263
authorized under Chapter 4731. of the Revised Code to practice	5264
medicine and surgery or osteopathic medicine and surgery, a	5265
psychologist licensed under Chapter 4732. of the Revised Code, or	5266
a licensed professional clinical counselor or independent social	5267
worker licensed under Chapter 4757. of the Revised Code may	5268
provide any portion of the training. An independent chemical	5269
dependency counselor licensed under this chapter who holds the	5270
degree described in division (A)(1) of section 4758.40 of the	5271
Revised Code may provide the portion of the training on chemical	5272
dependency conditions.	5273

(C) To meet the requirements of this division, an individual	5274
must meet all of the following requirements:	5275

(1) Hold, on December 23, 2002, a certificate or credentials	5276
that were accepted under former section 3793.07 of the Revised	5277
Code as authority to practice as a certified chemical dependency	5278
counselor II;	5279

(2) Meet the requirement of division (B)(2) of this section;

5280

(3) Hold a bachelor's degree in a behavioral science.

5281

Sec. 4758.561. Any of the following professionals may	5282
supervise a chemical dependency counselor III for purposes of	5283
divisions (A)(1) and (4) of section 4758.56 of the Revised Code:	5284

(A) An independent chemical dependency counselor-clinical	5285
supervisor licensed under this chapter;	5286

(B) An individual authorized under Chapter 4731. of the	5287
Revised Code to practice medicine and surgery or osteopathic	5288
medicine and surgery;	5289

(C) A psychologist licensed under Chapter 4732. of the	5290
Revised Code;	5291

(D) A registered nurse licensed under Chapter 4723. of the	5292
Revised Code or licensed professional clinical counselor,	5293
independent social worker, or independent marriage and family	5294
therapist licensed under Chapter 4757. of the Revised Code if such	5295
supervision is consistent with the scope of practice of the	5296
registered nurse, professional clinical counselor, independent	5297
social worker, or independent marriage and family therapist.	5298

Sec. 4758.59. (A) Subject to division (B) of this section, an	5299
individual holding a valid chemical dependency counselor assistant	5300
certificate may do both of the following in addition to practicing	5301
chemical dependency counseling:	5302

(1) Perform treatment planning, assessment, crisis	5303
intervention, individual and group counseling, case management,	5304
and education services as they relate to abuse of or dependency on	5305
alcohol and other drugs;	5306

(2) Refer individuals with nonchemical dependency conditions	5307
to appropriate sources of help.	5308

(B) An individual holding a valid chemical dependency	5309
counselor assistant certificate may practice chemical dependency	5310
counseling and perform the tasks specified in division (A) of this	5311
section only while under the supervision of any of the following:	5312

(1) An independent chemical dependency counselor-clinical	5313
supervisor, independent chemical dependency counselor, or chemical	5314
dependency counselor III licensed under this chapter;	5315

(2) An individual authorized under Chapter 4731. of the	5316
Revised Code to practice medicine and surgery or osteopathic	5317
medicine and surgery;	5318

(3) A psychologist licensed under Chapter 4732. of the	5319
Revised Code;	5320

(4) A registered nurse licensed under Chapter 4723. of the	5321
Revised Code or licensed professional clinical counselor,	5322
independent social worker, or independent marriage and family	5323
therapist licensed under Chapter 4757. of the Revised Code if such	5324
supervision is consistent with the scope of practice of the	5325
registered nurse, licensed professional clinical counselor,	5326
independent social worker, or independent marriage and family	5327
therapist.	5328

(C) A chemical dependency counselor assistant may not	5329
practice as an individual practitioner.	5330

Sec. 4758.61. An individual who holds a valid prevention	5331
specialist assistant certificate or registered applicant	5332
certificate issued under this chapter may engage in the practice	5333
of alcohol and other drug prevention services under the	5334
supervision of any of the following:	5335

(A) A prevention specialist II or prevention specialist I	5336
certified under this chapter;	5337

(B) An independent chemical dependency counselor-clinical	5338
supervisor, an independent chemical dependency counselor, or a	5339
chemical dependency counselor III licensed under this chapter;	5340

(C) An individual authorized under Chapter 4731. of the	5341
Revised Code to practice medicine and surgery or osteopathic	5342
medicine and surgery;	5343

(D) A psychologist licensed under Chapter 4732. of the	5344
Revised Code;	5345

(E) A registered nurse licensed under Chapter 4723. of the	5346
Revised Code;	5347

(F) A licensed professional clinical counselor, a licensed	5348
professional counselor, an independent social worker, a social	5349
worker, an independent marriage and family therapist, or a	5350
marriage and family therapist licensed under Chapter 4757. of the	5351
Revised Code;	5352

(G) A school counselor licensed by the department of	5353
education pursuant to section 3319.22 of the Revised Code;	5354

(H) A health education specialist certified by the national	5355
commission for health education credentialing.	5356

Sec. 4769.01. As used in this chapter:

5357

(A) "Medicare" means the program established by Title XVIII	5358
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	5359
301, as amended.	5360

(B) "Balance billing" means charging or collecting from a	5361
medicare beneficiary an amount in excess of the medicare	5362
reimbursement rate for medicare-covered services or supplies	5363
provided to a medicare beneficiary, except when medicare is the	5364
secondary insurer. When medicare is the secondary insurer, the	5365
health care practitioner may pursue full reimbursement under the	5366
terms and conditions of the primary coverage and, if applicable,	5367
the charge allowed under the terms and conditions of the	5368
appropriate provider contract, from the primary insurer, but the	5369
medicare beneficiary cannot be balance billed above the medicare	5370
reimbursement rate for a medicare-covered service or supply.	5371
"Balance billing" does not include charging or collecting	5372
deductibles or coinsurance required by the program.	5373

5374

(1) A dentist or dental hygienist licensed under Chapter	5375
4715. of the Revised Code;	5376

(2) A registered or licensed practical nurse licensed under	5377
Chapter 4723. of the Revised Code;	5378

(3) An optometrist licensed under Chapter 4725. of the	5379
Revised Code;	5380

(4) A dispensing optician, spectacle dispensing optician,	5381
contact lens dispensing optician, or spectacle-contact lens	5382
dispensing optician licensed under Chapter 4725. of the Revised	5383
Code;	5384

(5) A pharmacist licensed under Chapter 4729. of the Revised	5385
Code;	5386

(6) A physician authorized under Chapter 4731. of the Revised	5387
Code to practice medicine and surgery, osteopathic medicine and	5388
surgery, or podiatry;	5389

(7) A physician assistant authorized under Chapter 4730. of	5390
the Revised Code to practice as a physician assistant;	5391

(8) A practitioner of a limited branch of medicine issued a	5392
certificate under Chapter 4731. of the Revised Code;	5393

(9) A psychologist licensed under Chapter 4732. of the	5394
Revised Code;	5395

(10) A chiropractor licensed under Chapter 4734. of the	5396
Revised Code;	5397

(11) A hearing aid dealer or fitter licensed under Chapter	5398
4747. of the Revised Code;	5399

(12) A speech-language pathologist or audiologist licensed	5400
under Chapter 4753. of the Revised Code;	5401

(13) An occupational therapist or occupational therapy	5402
assistant licensed under Chapter 4755. of the Revised Code;	5403

(14) A physical therapist or physical therapy assistant	5404
licensed under Chapter 4755. of the Revised Code;	5405

(15) A licensed professional clinical counselor, licensed	5406
professional counselor, social worker, or independent social	5407
worker licensed, or a social work assistant registered, under	5408
Chapter 4757. of the Revised Code;	5409

(16) A dietitian licensed under Chapter 4759. of the Revised	5410
Code;	5411

(17) A respiratory care professional licensed under Chapter	5412
4761. of the Revised Code;	5413

(18) An emergency medical technician-basic, emergency medical	5414
technician-intermediate, or emergency medical technician-paramedic	5415
certified under Chapter 4765. of the Revised Code.	5416

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

5417

(1) "Senior service provider" means any person who provides	5418
care or services to a person who is an adult as defined in	5419
division (B) of section 5101.60 of the Revised Code.	5420

(2) "Ambulatory health facility" means a nonprofit, public or	5421
proprietary freestanding organization or a unit of such an agency	5422
or organization that:	5423

(a) Provides preventive, diagnostic, therapeutic,	5424
rehabilitative, or palliative items or services furnished to an	5425
outpatient or ambulatory patient, by or under the direction of a	5426
physician or dentist in a facility which is not a part of a	5427
hospital, but which is organized and operated to provide medical	5428
care to outpatients;	5429

(b) Has health and medical care policies which are developed	5430
with the advice of, and with the provision of review of such	5431
policies, an advisory committee of professional personnel,	5432
including one or more physicians, one or more dentists, if dental	5433
care is provided, and one or more registered nurses;	5434

(c) Has a medical director, a dental director, if dental care	5435
is provided, and a nursing director responsible for the execution	5436
of such policies, and has physicians, dentists, nursing, and	5437
ancillary staff appropriate to the scope of services provided;	5438

(d) Requires that the health care and medical care of every	5439
patient be under the supervision of a physician, provides for	5440
medical care in a case of emergency, has in effect a written	5441
agreement with one or more hospitals and other centers or clinics,	5442
and has an established patient referral system to other resources,	5443
and a utilization review plan and program;	5444

(e) Maintains clinical records on all patients;

5445

(f) Provides nursing services and other therapeutic services	5446
in accordance with programs and policies, with such services	5447
supervised by a registered professional nurse, and has a	5448
registered professional nurse on duty at all times of clinical	5449
operations;	5450

(g) Provides approved methods and procedures for the	5451
dispensing and administration of drugs and biologicals;	5452

(h) Has established an accounting and record keeping system	5453
to determine reasonable and allowable costs;	5454

(i) "Ambulatory health facilities" also includes an	5455
alcoholism treatment facility approved by the joint commission on	5456
accreditation of healthcare organizations as an alcoholism	5457
treatment facility or certified by the department of alcohol and	5458
drug addiction services, and such facility shall comply with other	5459
provisions of this division not inconsistent with such	5460
accreditation or certification.	5461

(3) "Community mental health facility" means a facility which	5462
provides community mental health services and is included in the	5463
comprehensive mental health plan for the alcohol, drug addiction,	5464
and mental health service district in which it is located.	5465

(4) "Community mental health service" means services, other	5466
than inpatient services, provided by a community mental health	5467
facility.	5468

(5) "Home health agency" means an institution or a distinct	5469
part of an institution operated in this state which:	5470

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

5471

(b) Has home health policies which are established by a group	5472
of professional personnel, including one or more duly licensed	5473
doctors of medicine or osteopathy and one or more registered	5474
professional nurses, to govern the home health services it	5475
provides and which includes a requirement that every patient must	5476
be under the care of a duly licensed doctor of medicine or	5477
osteopathy;	5478

(c) Is under the supervision of a duly licensed doctor of	5479
medicine or doctor of osteopathy or a registered professional	5480
nurse who is responsible for the execution of such home health	5481
policies;	5482

(d) Maintains comprehensive records on all patients;

5483

(e) Is operated by the state, a political subdivision, or an	5484
agency of either, or is operated not for profit in this state and	5485
is licensed or registered, if required, pursuant to law by the	5486
appropriate department of the state, county, or municipality in	5487
which it furnishes services; or is operated for profit in this	5488
state, meets all the requirements specified in divisions (A)(5)(a)	5489
to (d) of this section, and is certified under Title XVIII of the	5490
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	5491
amended.	5492

(6) "Home health service" means the following items and	5493
services, provided, except as provided in division (A)(6)(g) of	5494
this section, on a visiting basis in a place of residence used as	5495
the patient's home:	5496

(a) Nursing care provided by or under the supervision of a	5497
registered professional nurse;	5498

(b) Physical, occupational, or speech therapy ordered by the	5499
patient's attending physician;	5500

(c) Medical social services performed by or under the	5501
supervision of a qualified medical or psychiatric social worker	5502
and under the direction of the patient's attending physician;	5503

(d) Personal health care of the patient performed by aides in	5504
accordance with the orders of a doctor of medicine or osteopathy	5505
and under the supervision of a registered professional nurse;	5506

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

5507

(f) Medical services of interns and residents-in-training	5508
under an approved teaching program of a nonprofit hospital and	5509
under the direction and supervision of the patient's attending	5510
physician;	5511

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

5512

(i) Are provided on an outpatient basis under arrangements	5513
made by the home health agency at a hospital or skilled nursing	5514
facility;	5515

(ii) Involve the use of equipment of such a nature that the	5516
items and services cannot readily be made available to the patient	5517
in the patient's place of residence, or which are furnished at the	5518
hospital or skilled nursing facility while the patient is there to	5519
receive any item or service involving the use of such equipment.	5520

Any attorney, physician, osteopath, podiatrist, chiropractor,	5521
dentist, psychologist, any employee of a hospital as defined in	5522
section 3701.01 of the Revised Code, any nurse licensed under	5523
Chapter 4723. of the Revised Code, any employee of an ambulatory	5524
health facility, any employee of a home health agency, any	5525
employee of a residential facility licensed under section 5119.22	5526
of the Revised Code that provides accommodations, supervision, and	5527
personal care services for three to sixteen unrelated adults, any	5528
employee of a nursing home, residential care facility, or home for	5529
the aging, as defined in section 3721.01 of the Revised Code, any	5530
senior service provider, any peace officer, coroner, member of the	5531
clergy, any employee of a community mental health facility, and	5532
any person engaged in professional counseling, social work or	5533
~~counseling~~, or marriage and family therapy having reasonable cause	5534
to believe that an adult is being abused, neglected, or exploited,	5535
or is in a condition which is the result of abuse, neglect, or	5536
exploitation shall immediately report such belief to the county	5537
department of job and family services. This section does not apply	5538
to employees of any hospital or public hospital as defined in	5539
section 5122.01 of the Revised Code.	5540

(B) Any person having reasonable cause to believe that an	5541
adult has suffered abuse, neglect, or exploitation may report, or	5542
cause reports to be made of such belief to the department.	5543

(C) The reports made under this section shall be made orally	5544
or in writing except that oral reports shall be followed by a	5545
written report if a written report is requested by the department.	5546
Written reports shall include:	5547

(1) The name, address, and approximate age of the adult who	5548
is the subject of the report;	5549

(2) The name and address of the individual responsible for	5550
the adult's care, if any individual is, and if the individual is	5551
known;	5552

(3) The nature and extent of the alleged abuse, neglect, or	5553
exploitation of the adult;	5554

(4) The basis of the reporter's belief that the adult has	5555
been abused, neglected, or exploited.	5556

(D) Any person with reasonable cause to believe that an adult	5557
is suffering abuse, neglect, or exploitation who makes a report	5558
pursuant to this section or who testifies in any administrative or	5559
judicial proceeding arising from such a report, or any employee of	5560
the state or any of its subdivisions who is discharging	5561
responsibilities under section 5101.62 of the Revised Code shall	5562
be immune from civil or criminal liability on account of such	5563
investigation, report, or testimony, except liability for perjury,	5564
unless the person has acted in bad faith or with malicious	5565
purpose.	5566

(E) No employer or any other person with the authority to do	5567
so shall discharge, demote, transfer, prepare a negative work	5568
performance evaluation, or reduce benefits, pay, or work	5569
privileges, or take any other action detrimental to an employee or	5570
in any way retaliate against an employee as a result of the	5571
employee's having filed a report under this section.	5572

(F) Neither the written or oral report provided for in this	5573
section nor the investigatory report provided for in section	5574
5101.62 of the Revised Code shall be considered a public record as	5575
defined in section 149.43 of the Revised Code. Information	5576
contained in the report shall upon request be made available to	5577
the adult who is the subject of the report, to agencies authorized	5578
by the department to receive information contained in the report,	5579
and to legal counsel for the adult.	5580

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

5581

(1) "Law enforcement agency" means the state highway patrol,	5582
the police department of a municipal corporation, or a county	5583
sheriff.	5584

(2) "Abuse" has the same meaning as in section 5123.50 of the	5585
Revised Code, except that it includes a misappropriation, as	5586
defined in that section.	5587

(3) "Neglect" has the same meaning as in section 5123.50 of	5588
the Revised Code.	5589

(B) The department of developmental disabilities shall	5590
establish a registry office for the purpose of maintaining reports	5591
of abuse, neglect, and other major unusual incidents made to the	5592
department under this section and reports received from county	5593
boards of developmental disabilities under section 5126.31 of the	5594
Revised Code. The department shall establish committees to review	5595
reports of abuse, neglect, and other major unusual incidents.	5596

(C)(1) Any person listed in division (C)(2) of this section,	5597
having reason to believe that a person with mental retardation or	5598
a developmental disability has suffered or faces a substantial	5599
risk of suffering any wound, injury, disability, or condition of	5600
such a nature as to reasonably indicate abuse or neglect of that	5601
person, shall immediately report or cause reports to be made of	5602
such information to the entity specified in this division. Except	5603
as provided in section 5120.173 of the Revised Code or as	5604
otherwise provided in this division, the person making the report	5605
shall make it to a law enforcement agency or to the county board	5606
of developmental disabilities. If the report concerns a resident	5607
of a facility operated by the department of developmental	5608
disabilities the report shall be made either to a law enforcement	5609
agency or to the department. If the report concerns any act or	5610
omission of an employee of a county board of developmental	5611
disabilities, the report immediately shall be made to the	5612
department and to the county board.	5613

(2) All of the following persons are required to make a	5614
report under division (C)(1) of this section:	5615

(a) Any physician, including a hospital intern or resident,	5616
any dentist, podiatrist, chiropractor, practitioner of a limited	5617
branch of medicine as specified in section 4731.15 of the Revised	5618
Code, hospital administrator or employee of a hospital, nurse	5619
licensed under Chapter 4723. of the Revised Code, employee of an	5620
ambulatory health facility as defined in section 5101.61 of the	5621
Revised Code, employee of a home health agency, employee of a	5622
residential facility licensed under section 5119.22 of the Revised	5623
Code that provides accommodations, supervision, and person care	5624
services for three to sixteen unrelated adults, or employee of a	5625
community mental health facility;	5626

(b) Any school teacher or school authority, licensed	5627
professional clinical counselor, licensed professional counselor,	5628
independent social worker, social worker, independent marriage	5629
and family therapist, marriage and family therapist, psychologist,	5630
attorney, peace officer, coroner, or residents' rights advocate as	5631
defined in section 3721.10 of the Revised Code;	5632

(c) A superintendent, board member, or employee of a county	5633
board of developmental disabilities; an administrator, board	5634
member, or employee of a residential facility licensed under	5635
section 5123.19 of the Revised Code; an administrator, board	5636
member, or employee of any other public or private provider of	5637
services to a person with mental retardation or a developmental	5638
disability, or any MR/DD employee, as defined in section 5123.50	5639
of the Revised Code;	5640

(d) A member of a citizen's advisory council established at	5641
an institution or branch institution of the department of	5642
developmental disabilities under section 5123.092 of the Revised	5643
Code;	5644

(e) A member of the clergy who is employed in a position that	5645
includes providing specialized services to an individual with	5646
mental retardation or another developmental disability, while	5647
acting in an official or professional capacity in that position,	5648
or a person who is employed in a position that includes providing	5649
specialized services to an individual with mental retardation or	5650
another developmental disability and who, while acting in an	5651
official or professional capacity, renders spiritual treatment	5652
through prayer in accordance with the tenets of an organized	5653
religion.	5654

(3)(a) The reporting requirements of this division do not	5655
apply to employees of the Ohio protection and advocacy system.	5656

(b) An attorney or physician is not required to make a report	5657
pursuant to division (C)(1) of this section concerning any	5658
communication the attorney or physician receives from a client or	5659
patient in an attorney-client or physician-patient relationship,	5660
if, in accordance with division (A) or (B) of section 2317.02 of	5661
the Revised Code, the attorney or physician could not testify with	5662
respect to that communication in a civil or criminal proceeding,	5663
except that the client or patient is deemed to have waived any	5664
testimonial privilege under division (A) or (B) of section 2317.02	5665
of the Revised Code with respect to that communication and the	5666
attorney or physician shall make a report pursuant to division	5667
(C)(1) of this section, if both of the following apply:	5668

(i) The client or patient, at the time of the communication,	5669
is a person with mental retardation or a developmental disability.	5670

(ii) The attorney or physician knows or suspects, as a result	5671
of the communication or any observations made during that	5672
communication, that the client or patient has suffered or faces a	5673
substantial risk of suffering any wound, injury, disability, or	5674
condition of a nature that reasonably indicates abuse or neglect	5675
of the client or patient.	5676

(4) Any person who fails to make a report required under	5677
division (C) of this section and who is an MR/DD employee, as	5678
defined in section 5123.50 of the Revised Code, shall be eligible	5679
to be included in the registry regarding misappropriation, abuse,	5680
neglect, or other specified misconduct by MR/DD employees	5681
established under section 5123.52 of the Revised Code.	5682

(D) The reports required under division (C) of this section	5683
shall be made forthwith by telephone or in person and shall be	5684
followed by a written report. The reports shall contain the	5685
following:	5686

(1) The names and addresses of the person with mental	5687
retardation or a developmental disability and the person's	5688
custodian, if known;	5689

(2) The age of the person with mental retardation or a	5690
developmental disability;	5691

(3) Any other information that would assist in the	5692
investigation of the report.	5693

(E) When a physician performing services as a member of the	5694
staff of a hospital or similar institution has reason to believe	5695
that a person with mental retardation or a developmental	5696
disability has suffered injury, abuse, or physical neglect, the	5697
physician shall notify the person in charge of the institution or	5698
that person's designated delegate, who shall make the necessary	5699
reports.	5700

(F) Any person having reasonable cause to believe that a	5701
person with mental retardation or a developmental disability has	5702
suffered or faces a substantial risk of suffering abuse or neglect	5703
may report or cause a report to be made of that belief to the	5704
entity specified in this division. Except as provided in section	5705
5120.173 of the Revised Code or as otherwise provided in this	5706
division, the person making the report shall make it to a law	5707
enforcement agency or the county board of developmental	5708
disabilities. If the person is a resident of a facility operated	5709
by the department of developmental disabilities, the report shall	5710
be made to a law enforcement agency or to the department. If the	5711
report concerns any act or omission of an employee of a county	5712
board of developmental disabilities, the report immediately shall	5713
be made to the department and to the county board.	5714

(G)(1) Upon the receipt of a report concerning the possible	5715
abuse or neglect of a person with mental retardation or a	5716
developmental disability, the law enforcement agency shall inform	5717
the county board of developmental disabilities or, if the person	5718
is a resident of a facility operated by the department of	5719
developmental disabilities, the director of the department or the	5720
director's designee.	5721

(2) On receipt of a report under this section that includes	5722
an allegation of action or inaction that may constitute a crime	5723
under federal law or the law of this state, the department of	5724
developmental disabilities shall notify the law enforcement	5725
agency.	5726

(3) When a county board of developmental disabilities	5727
receives a report under this section that includes an allegation	5728
of action or inaction that may constitute a crime under federal	5729
law or the law of this state, the superintendent of the board or	5730
an individual the superintendent designates under division (H) of	5731
this section shall notify the law enforcement agency. The	5732
superintendent or individual shall notify the department of	5733
developmental disabilities when it receives any report under this	5734
section.	5735

(4) When a county board of developmental disabilities	5736
receives a report under this section and believes that the degree	5737
of risk to the person is such that the report is an emergency, the	5738
superintendent of the board or an employee of the board the	5739
superintendent designates shall attempt a face-to-face contact	5740
with the person with mental retardation or a developmental	5741
disability who allegedly is the victim within one hour of the	5742
board's receipt of the report.	5743

(H) The superintendent of the board may designate an	5744
individual to be responsible for notifying the law enforcement	5745
agency and the department when the county board receives a report	5746
under this section.	5747

(I) An adult with mental retardation or a developmental	5748
disability about whom a report is made may be removed from the	5749
adult's place of residence only by law enforcement officers who	5750
consider that the adult's immediate removal is essential to	5751
protect the adult from further injury or abuse or in accordance	5752
with the order of a court made pursuant to section 5126.33 of the	5753
Revised Code.	5754

(J) A law enforcement agency shall investigate each report of	5755
abuse or neglect it receives under this section. In addition, the	5756
department, in cooperation with law enforcement officials, shall	5757
investigate each report regarding a resident of a facility	5758
operated by the department to determine the circumstances	5759
surrounding the injury, the cause of the injury, and the person	5760
responsible. The investigation shall be in accordance with the	5761
memorandum of understanding prepared under section 5126.058 of the	5762
Revised Code. The department shall determine, with the registry	5763
office which shall be maintained by the department, whether prior	5764
reports have been made concerning an adult with mental retardation	5765
or a developmental disability or other principals in the case. If	5766
the department finds that the report involves action or inaction	5767
that may constitute a crime under federal law or the law of this	5768
state, it shall submit a report of its investigation, in writing,	5769
to the law enforcement agency. If the person with mental	5770
retardation or a developmental disability is an adult, with the	5771
consent of the adult, the department shall provide such protective	5772
services as are necessary to protect the adult. The law	5773
enforcement agency shall make a written report of its findings to	5774
the department.	5775

If the person is an adult and is not a resident of a facility	5776
operated by the department, the county board of developmental	5777
disabilities shall review the report of abuse or neglect in	5778
accordance with sections 5126.30 to 5126.33 of the Revised Code	5779
and the law enforcement agency shall make the written report of	5780
its findings to the county board.	5781

(K) Any person or any hospital, institution, school, health	5782
department, or agency participating in the making of reports	5783
pursuant to this section, any person participating as a witness in	5784
an administrative or judicial proceeding resulting from the	5785
reports, or any person or governmental entity that discharges	5786
responsibilities under sections 5126.31 to 5126.33 of the Revised	5787
Code shall be immune from any civil or criminal liability that	5788
might otherwise be incurred or imposed as a result of such actions	5789
except liability for perjury, unless the person or governmental	5790
entity has acted in bad faith or with malicious purpose.	5791

(L) No employer or any person with the authority to do so	5792
shall discharge, demote, transfer, prepare a negative work	5793
performance evaluation, reduce pay or benefits, terminate work	5794
privileges, or take any other action detrimental to an employee or	5795
retaliate against an employee as a result of the employee's having	5796
made a report under this section. This division does not preclude	5797
an employer or person with authority from taking action with	5798
regard to an employee who has made a report under this section if	5799
there is another reasonable basis for the action.	5800

(M) Reports made under this section are not public records as	5801
defined in section 149.43 of the Revised Code. Information	5802
contained in the reports on request shall be made available to the	5803
person who is the subject of the report, to the person's legal	5804
counsel, and to agencies authorized to receive information in the	5805
report by the department or by a county board of developmental	5806
disabilities.	5807

(N) Notwithstanding section 4731.22 of the Revised Code, the	5808
physician-patient privilege shall not be a ground for excluding	5809
evidence regarding the injuries or physical neglect of a person	5810
with mental retardation or a developmental disability or the cause	5811
thereof in any judicial proceeding resulting from a report	5812
submitted pursuant to this section.	5813

Section 2. That existing sections 1701.03, 1705.03, 1705.04,	5814
1705.53, 1785.01, 1785.02, 1785.03, 2152.72, 2305.234, 2305.51,	5815
2317.02, 2921.22, 2925.01, 2951.041, 3107.014, 3701.046, 3701.74,	5816
3709.161, 3721.21, 3793.02, 3923.28, 3923.281, 3923.282, 3923.30,	5817
3963.01, 4723.16, 4725.33, 4729.161, 4731.226, 4731.65, 4732.28,	5818
4734.17, 4734.41, 4755.471, 4757.01, 4757.02, 4757.03, 4757.04,	5819
4757.10, 4757.11, 4757.16, 4757.21, 4757.22, 4757.23, 4757.26,	5820
4757.27, 4757.28, 4757.29, 4757.30, 4757.31, 4757.33, 4757.34,	5821
4757.36, 4757.38, 4757.41, 4757.43, 4758.40, 4758.41, 4758.561,	5822
4758.59, 4758.61, 4769.01, 5101.61, and 5123.61 and section	5823
4757.12 of the Revised Code are hereby repealed.	5824

Section 3. Within one year after the effective date of this	5825
act, the Office of Collective Bargaining in the Department of	5826
Administrative Services shall implement division (C) of section	5827
4757.41 of the Revised Code as enacted by this act.	5828

Within ninety days after the effective date of this act, the	5829
Office of Collective Bargaining shall negotiate with each state	5830
agency and the affected union to reach a mutually agreeable	5831
resolution for employees impacted by the enactment of division (C)	5832
of section 4757.41 of the Revised Code.	5833

Notwithstanding divisions (A) and (D) of section 124.14 of	5834
the Revised Code or any other contrary provision of law, for	5835
employees in the service of the state exempt from Chapter 4117. of	5836
the Revised Code who are impacted by the enactment of division (C)	5837
of section 4757.41 of the Revised Code, the Director of	5838
Administrative Services may implement any or all of the provisions	5839
of the resolutions described in the preceding paragraph.	5840

The Director, within ninety days after the effective date of	5841
this act, shall develop and assign new classifications related to	5842
the enactment of division (C) of section 4757.41 of the Revised	5843
Code as needed and reassign impacted employees to appropriate	5844
classifications based on the employee's duties and qualifications.	5845