As Passed by the House

130th General Assembly
Regular Session
2013-2014
Am. Sub. H. B. No. 232


Representatives Sears, Milkovich 

Cosponsors: Representatives Gonzales, Hackett, Stebelton, Smith, Johnson, DeVitis, Letson, Stinziano, Wachtmann, Cera, Pelanda, Stautberg, Barnes, Bishoff, Brown, Amstutz, Anielski, Beck, Buchy, Burkley, Damschroder, Green, Grossman, Hagan, C., McClain, Sears, Slaby Speaker Batchelder 



A BILL
To amend sections 1701.03, 1705.03, 1705.04, 1705.53, 1
1785.01, 1785.02, 1785.03, 2152.72, 2305.234, 2
2305.51, 2317.02, 2921.22, 2925.01, 2951.041, 3
3107.014, 3701.046, 3701.74, 3709.161, 3721.21, 4
3923.28, 3923.281, 3923.282, 3923.30, 3963.01, 5
4723.16, 4725.33, 4729.161, 4731.226, 4731.65, 6
4732.28, 4734.17, 4734.41, 4755.471, 4757.01, 7
4757.02, 4757.03, 4757.04, 4757.10, 4757.11, 8
4757.16, 4757.21, 4757.22, 4757.23, 4757.26, 9
4757.27, 4757.28, 4757.29, 4757.30, 4757.31, 10
4757.33, 4757.34, 4757.36, 4757.38, 4757.41, 11
4757.43, 4758.40, 4758.41, 4758.55, 4758.561, 12
4758.59, 4758.61, 4769.01, 5101.61, and 5123.61; 13
to enact sections 4755.111, 4757.13, 4757.321, and 14
4757.37; and to repeal section 4757.12 of the 15
Revised Code to modify the laws governing 16
professional counselors, social workers, and 17
marriage and family therapists.18


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, 3923.28, 3923.281, 3923.282, 3923.30, 3963.01, 4723.16, 22
4725.33, 4729.161, 4731.226, 4731.65, 4732.28, 4734.17, 4734.41, 23
4755.471, 4757.01, 4757.02, 4757.03, 4757.04, 4757.10, 4757.11, 24
4757.16, 4757.21, 4757.22, 4757.23, 4757.26, 4757.27, 4757.28, 25
4757.29, 4757.30, 4757.31, 4757.33, 4757.34, 4757.36, 4757.38, 26
4757.41, 4757.43, 4758.40, 4758.41, 4758.55, 4758.561, 4758.59, 27
4758.61, 4769.01, 5101.61, and 5123.61 be amended and sections 28
4755.111 4757.13, 4757.321, and 4757.37 of the Revised Code be 29
enacted to read as 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 4755.564755., 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
4755.564755., 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, orlicensed professional counselor, 552
independent marriage and family therapist, or marriage and family 553
therapist licensed under that chapter. The entity shall not 554
provide any part of a psychological, psychiatric, or mental and 555
emotional disorder examination to the foster caregivers or 556
prospective adoptive parents other than the substantial and 557
material conclusions.558

       (2) Notwithstanding sections 2151.356 to 2151.358 of the 559
Revised Code, if records of an adjudication that a child is a 560
delinquent child have been sealed pursuant to those sections and 561
an entity knows the records have been sealed, the entity shall 562
provide the foster caregivers or prospective adoptive parents a 563
written statement that the records of a prior adjudication have 564
been sealed.565

       (C)(1) The entity that places the child in a certified foster 566
home or for adoption shall conduct a psychological examination of 567
the child unless either of the following applies:568

       (a) An entity is not required to conduct the examination if 569
an examination was conducted no more than one year prior to the 570
child's placement, and division (C)(1)(b) of this section does not 571
apply.572

       (b) An entity is not required to conduct the examination if a 573
foster caregiver seeks to adopt the foster caregiver's foster 574
child, and an examination was conducted no more than two years 575
prior to the date the foster caregiver seeks to adopt the child.576

       (2) No later than sixty days after placing the child, the 577
entity shall provide the foster caregiver or prospective adoptive 578
parents a written report detailing the substantial and material 579
conclusions and recommendations of the examination conducted 580
pursuant to this division.581

       (D)(1) Except as provided in divisions (D)(2) and (3) of this 582
section, the expenses of conducting the examinations and preparing 583
the reports and assessment required by division (B) or (C) of this 584
section shall be paid by the entity that places the child in the 585
certified foster home or for adoption.586

       (2) When a juvenile court grants temporary or permanent 587
custody of a child pursuant to any section of the Revised Code, 588
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the 589
Revised Code, to a public children services agency or private 590
child placing agency, the court shall provide the agency the 591
information described in division (B) of this section, pay the 592
expenses of preparing that information, and, if a new examination 593
is required to be conducted, pay the expenses of conducting the 594
examination described in division (C) of this section. On receipt 595
of the information described in division (B) of this section, the 596
agency shall provide to the court written acknowledgment that the 597
agency received the information. The court shall keep the 598
acknowledgment and provide a copy to the agency. On the motion of 599
the agency, the court may terminate the order granting temporary 600
or permanent custody of the child to that agency, if the court 601
does not provide the information described in division (B) of this 602
section.603

       (3) If one of the following entities is placing a child in a 604
certified foster home or for adoption with the assistance of or by 605
contracting with a public children services agency, private child 606
placing agency, or a private noncustodial agency, the entity shall 607
provide the agency with the information described in division (B) 608
of this section, pay the expenses of preparing that information, 609
and, if a new examination is required to be conducted, pay the 610
expenses of conducting the examination described in division (C) 611
of this section:612

       (a) The department of youth services if the placement is 613
pursuant to any section of the Revised Code including section 614
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised 615
Code;616

       (b) A juvenile court with temporary or permanent custody of a 617
child pursuant to section 2151.354 or 2152.19 of the Revised Code;618

       (c) A public children services agency or private child 619
placing agency with temporary or permanent custody of the child.620

       The agency receiving the information described in division 621
(B) of this section shall provide the entity described in division622
divisions (D)(3)(a) to (c) of this section that sent the 623
information written acknowledgment that the agency received the 624
information and provided it to the foster caregivers or 625
prospective adoptive parents. The entity shall keep the 626
acknowledgment and provide a copy to the agency. An entity that 627
places a child in a certified foster home or for adoption with the 628
assistance of or by contracting with an agency remains responsible 629
to provide the information described in division (B) of this 630
section to the foster caregivers or prospective adoptive parents 631
unless the entity receives written acknowledgment that the agency 632
provided the information.633

       (E) If a child is placed in a certified foster home as a 634
result of an emergency removal of the child from home pursuant to 635
division (D) of section 2151.31 of the Revised Code, an emergency 636
change in the child's case plan pursuant to division (F)(3) of 637
section 2151.412 of the Revised Code, or an emergency placement by 638
the department of youth services pursuant to this chapter or 639
Chapter 5139. of the Revised Code, the entity that places the 640
child in the certified foster home shall provide the information 641
described in division (B) of this section no later than ninety-six 642
hours after the child is placed in the certified foster home.643

       (F) On receipt of the information described in divisions (B) 644
and (C) of this section, the foster caregiver or prospective 645
adoptive parents shall provide to the entity that places the child 646
in the foster caregiver's or prospective adoptive parents' home a 647
written acknowledgment that the foster caregiver or prospective 648
adoptive parents received the information. The entity shall keep 649
the acknowledgment and provide a copy to the foster caregiver or 650
prospective adoptive parents.651

       (G) No person employed by an entity subject to this section 652
and made responsible by that entity for the child's placement in a 653
certified foster home or for adoption shall fail to provide the 654
foster caregivers or prospective adoptive parents with the 655
information required by divisions (B) and (C) of this section.656

       (H) It is not a violation of any duty of confidentiality 657
provided for in the Revised Code or a code of professional 658
responsibility for a person or government entity to provide the 659
substantial and material conclusions and recommendations of a 660
psychiatric or psychological examination, or an examination to 661
detect mental and emotional disorders, in accordance with division 662
(B)(1)(d) or (C) of this section.663

       (I) As used in this section:664

       (1) "Body armor" has the same meaning as in section 2941.1411 665
of the Revised Code.666

       (2) "Firearm" has the same meaning as in section 2923.11 of 667
the Revised Code.668

       Sec. 2305.234.  (A) As used in this section:669

       (1) "Chiropractic claim," "medical claim," and "optometric 670
claim" have the same meanings as in section 2305.113 of the 671
Revised Code.672

       (2) "Dental claim" has the same meaning as in section 673
2305.113 of the Revised Code, except that it does not include any 674
claim arising out of a dental operation or any derivative claim 675
for relief that arises out of a dental operation.676

       (3) "Governmental health care program" has the same meaning 677
as in section 4731.65 of the Revised Code.678

       (4) "Health care facility or location" means a hospital, 679
clinic, ambulatory surgical facility, office of a health care 680
professional or associated group of health care professionals, 681
training institution for health care professionals, or any other 682
place where medical, dental, or other health-related diagnosis, 683
care, or treatment is provided to a person.684

       (5) "Health care professional" means any of the following who 685
provide medical, dental, or other health-related diagnosis, care, 686
or treatment:687

       (a) Physicians authorized under Chapter 4731. of the Revised 688
Code to practice medicine and surgery or osteopathic medicine and 689
surgery;690

       (b) Registered nurses and licensed practical nurses licensed 691
under Chapter 4723. of the Revised Code and individuals who hold a 692
certificate of authority issued under that chapter that authorizes 693
the practice of nursing as a certified registered nurse 694
anesthetist, clinical nurse specialist, certified nurse-midwife, 695
or certified nurse practitioner;696

       (c) Physician assistants authorized to practice under Chapter 697
4730. of the Revised Code;698

       (d) Dentists and dental hygienists licensed under Chapter 699
4715. of the Revised Code;700

       (e) Physical therapists, physical therapist assistants, 701
occupational therapists, and occupational therapy assistants, and 702
athletic trainers licensed under Chapter 4755. of the Revised 703
Code;704

       (f) Chiropractors licensed under Chapter 4734. of the Revised 705
Code;706

       (g) Optometrists licensed under Chapter 4725. of the Revised 707
Code;708

       (h) Podiatrists authorized under Chapter 4731. of the Revised 709
Code to practice podiatry;710

       (i) Dietitians licensed under Chapter 4759. of the Revised 711
Code;712

       (j) Pharmacists licensed under Chapter 4729. of the Revised 713
Code;714

       (k) Emergency medical technicians-basic, emergency medical 715
technicians-intermediate, and emergency medical 716
technicians-paramedic, certified under Chapter 4765. of the 717
Revised Code;718

       (l) Respiratory care professionals licensed under Chapter 719
4761. of the Revised Code;720

       (m) Speech-language pathologists and audiologists licensed 721
under Chapter 4753. of the Revised Code;722

       (n) ProfessionalLicensed professional clinical counselors, 723
licensed professional counselors, independent social workers, 724
social workers, independent marriage and family therapists, and 725
marriage and family therapists, licensed under Chapter 4757. of 726
the Revised Code;727

       (o) Psychologists licensed under Chapter 4732. of the Revised 728
Code;729

       (p) Independent chemical dependency counselors, chemical 730
dependency counselors III, chemical dependency counselors II, and 731
chemical dependency counselors I, licensed under Chapter 4758. of 732
the Revised CodeIndividuals licensed or certified under Chapter 733
4758. of the Revised Code who are acting within the scope of their 734
license or certificate as members of the profession of chemical 735
dependency counseling or alcohol and other drug prevention 736
services.737

       (6) "Health care worker" means a person other than a health 738
care professional who provides medical, dental, or other 739
health-related care or treatment under the direction of a health 740
care professional with the authority to direct that individual's 741
activities, including medical technicians, medical assistants, 742
dental assistants, orderlies, aides, and individuals acting in 743
similar capacities.744

       (7) "Indigent and uninsured person" means a person who meets 745
all of the following requirements:746

       (a) The person's income is not greater than two hundred per 747
cent of the current poverty line as defined by the United States 748
office of management and budget and revised in accordance with 749
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," 750
95 Stat. 511, 42 U.S.C. 9902, as amended.751

       (b) The person is not eligible for the medicaid program or 752
any other governmental health care program.753

       (c) Either of the following applies:754

       (i) The person is not a policyholder, certificate holder, 755
insured, contract holder, subscriber, enrollee, member, 756
beneficiary, or other covered individual under a health insurance 757
or health care policy, contract, or plan.758

       (ii) The person is a policyholder, certificate holder, 759
insured, contract holder, subscriber, enrollee, member, 760
beneficiary, or other covered individual under a health insurance 761
or health care policy, contract, or plan, but the insurer, policy, 762
contract, or plan denies coverage or is the subject of insolvency 763
or bankruptcy proceedings in any jurisdiction.764

       (8) "Nonprofit health care referral organization" means an 765
entity that is not operated for profit and refers patients to, or 766
arranges for the provision of, health-related diagnosis, care, or 767
treatment by a health care professional or health care worker.768

       (9) "Operation" means any procedure that involves cutting or 769
otherwise infiltrating human tissue by mechanical means, including 770
surgery, laser surgery, ionizing radiation, therapeutic 771
ultrasound, or the removal of intraocular foreign bodies. 772
"Operation" does not include the administration of medication by 773
injection, unless the injection is administered in conjunction 774
with a procedure infiltrating human tissue by mechanical means 775
other than the administration of medicine by injection. 776
"Operation" does not include routine dental restorative 777
procedures, the scaling of teeth, or extractions of teeth that are 778
not impacted.779

       (10) "Tort action" means a civil action for damages for 780
injury, death, or loss to person or property other than a civil 781
action for damages for a breach of contract or another agreement 782
between persons or government entities.783

       (11) "Volunteer" means an individual who provides any 784
medical, dental, or other health-care related diagnosis, care, or 785
treatment without the expectation of receiving and without receipt 786
of any compensation or other form of remuneration from an indigent 787
and uninsured person, another person on behalf of an indigent and 788
uninsured person, any health care facility or location, any 789
nonprofit health care referral organization, or any other person 790
or government entity.791

       (12) "Community control sanction" has the same meaning as in 792
section 2929.01 of the Revised Code.793

       (13) "Deep sedation" means a drug-induced depression of 794
consciousness during which a patient cannot be easily aroused but 795
responds purposefully following repeated or painful stimulation, a 796
patient's ability to independently maintain ventilatory function 797
may be impaired, a patient may require assistance in maintaining a 798
patent airway and spontaneous ventilation may be inadequate, and 799
cardiovascular function is usually maintained.800

       (14) "General anesthesia" means a drug-induced loss of 801
consciousness during which a patient is not arousable, even by 802
painful stimulation, the ability to independently maintain 803
ventilatory function is often impaired, a patient often requires 804
assistance in maintaining a patent airway, positive pressure 805
ventilation may be required because of depressed spontaneous 806
ventilation or drug-induced depression of neuromuscular function, 807
and cardiovascular function may be impaired.808

       (B)(1) Subject to divisions (F) and (G)(3) of this section, a 809
health care professional who is a volunteer and complies with 810
division (B)(2) of this section is not liable in damages to any 811
person or government entity in a tort or other civil action, 812
including an action on a medical, dental, chiropractic, 813
optometric, or other health-related claim, for injury, death, or 814
loss to person or property that allegedly arises from an action or 815
omission of the volunteer in the provision to an indigent and 816
uninsured person of medical, dental, or other health-related 817
diagnosis, care, or treatment, including the provision of samples 818
of medicine and other medical products, unless the action or 819
omission constitutes willful or wanton misconduct.820

       (2) To qualify for the immunity described in division (B)(1) 821
of this section, a health care professional shall do all of the 822
following prior to providing diagnosis, care, or treatment:823

       (a) Determine, in good faith, that the indigent and uninsured 824
person is mentally capable of giving informed consent to the 825
provision of the diagnosis, care, or treatment and is not subject 826
to duress or under undue influence;827

       (b) Inform the person of the provisions of this section, 828
including notifying the person that, by giving informed consent to 829
the provision of the diagnosis, care, or treatment, the person 830
cannot hold the health care professional liable for damages in a 831
tort or other civil action, including an action on a medical, 832
dental, chiropractic, optometric, or other health-related claim, 833
unless the action or omission of the health care professional 834
constitutes willful or wanton misconduct;835

       (c) Obtain the informed consent of the person and a written 836
waiver, signed by the person or by another individual on behalf of 837
and in the presence of the person, that states that the person is 838
mentally competent to give informed consent and, without being 839
subject to duress or under undue influence, gives informed consent 840
to the provision of the diagnosis, care, or treatment subject to 841
the provisions of this section. A written waiver under division 842
(B)(2)(c) of this section shall state clearly and in conspicuous 843
type that the person or other individual who signs the waiver is 844
signing it with full knowledge that, by giving informed consent to 845
the provision of the diagnosis, care, or treatment, the person 846
cannot bring a tort or other civil action, including an action on 847
a medical, dental, chiropractic, optometric, or other 848
health-related claim, against the health care professional unless 849
the action or omission of the health care professional constitutes 850
willful or wanton misconduct.851

       (3) A physician or podiatrist who is not covered by medical 852
malpractice insurance, but complies with division (B)(2) of this 853
section, is not required to comply with division (A) of section 854
4731.143 of the Revised Code.855

       (C) Subject to divisions (F) and (G)(3) of this section, 856
health care workers who are volunteers are not liable in damages 857
to any person or government entity in a tort or other civil 858
action, including an action upon a medical, dental, chiropractic, 859
optometric, or other health-related claim, for injury, death, or 860
loss to person or property that allegedly arises from an action or 861
omission of the health care worker in the provision to an indigent 862
and uninsured person of medical, dental, or other health-related 863
diagnosis, care, or treatment, unless the action or omission 864
constitutes willful or wanton misconduct.865

       (D) Subject to divisions (F) and (G)(3) of this section, a 866
nonprofit health care referral organization is not liable in 867
damages to any person or government entity in a tort or other 868
civil action, including an action on a medical, dental, 869
chiropractic, optometric, or other health-related claim, for 870
injury, death, or loss to person or property that allegedly arises 871
from an action or omission of the nonprofit health care referral 872
organization in referring indigent and uninsured persons to, or 873
arranging for the provision of, medical, dental, or other 874
health-related diagnosis, care, or treatment by a health care 875
professional described in division (B)(1) of this section or a 876
health care worker described in division (C) of this section, 877
unless the action or omission constitutes willful or wanton 878
misconduct.879

       (E) Subject to divisions (F) and (G)(3) of this section and 880
to the extent that the registration requirements of section 881
3701.071 of the Revised Code apply, a health care facility or 882
location associated with a health care professional described in 883
division (B)(1) of this section, a health care worker described in 884
division (C) of this section, or a nonprofit health care referral 885
organization described in division (D) of this section is not 886
liable in damages to any person or government entity in a tort or 887
other civil action, including an action on a medical, dental, 888
chiropractic, optometric, or other health-related claim, for 889
injury, death, or loss to person or property that allegedly arises 890
from an action or omission of the health care professional or 891
worker or nonprofit health care referral organization relative to 892
the medical, dental, or other health-related diagnosis, care, or 893
treatment provided to an indigent and uninsured person on behalf 894
of or at the health care facility or location, unless the action 895
or omission constitutes willful or wanton misconduct.896

       (F)(1) Except as provided in division (F)(2) of this section, 897
the immunities provided by divisions (B), (C), (D), and (E) of 898
this section are not available to a health care professional, 899
health care worker, nonprofit health care referral organization, 900
or health care facility or location if, at the time of an alleged 901
injury, death, or loss to person or property, the health care 902
professionals or health care workers involved are providing one of 903
the following:904

       (a) Any medical, dental, or other health-related diagnosis, 905
care, or treatment pursuant to a community service work order 906
entered by a court under division (B) of section 2951.02 of the 907
Revised Code or imposed by a court as a community control 908
sanction;909

       (b) Performance of an operation to which any one of the 910
following applies:911

        (i) The operation requires the administration of deep 912
sedation or general anesthesia.913

        (ii) The operation is a procedure that is not typically 914
performed in an office.915

       (iii) The individual involved is a health care professional, 916
and the operation is beyond the scope of practice or the 917
education, training, and competence, as applicable, of the health 918
care professional.919

       (c) Delivery of a baby or any other purposeful termination of 920
a human pregnancy.921

       (2) Division (F)(1) of this section does not apply when a 922
health care professional or health care worker provides medical, 923
dental, or other health-related diagnosis, care, or treatment that 924
is necessary to preserve the life of a person in a medical 925
emergency.926

       (G)(1) This section does not create a new cause of action or 927
substantive legal right against a health care professional, health 928
care worker, nonprofit health care referral organization, or 929
health care facility or location.930

       (2) This section does not affect any immunities from civil 931
liability or defenses established by another section of the 932
Revised Code or available at common law to which a health care 933
professional, health care worker, nonprofit health care referral 934
organization, or health care facility or location may be entitled 935
in connection with the provision of emergency or other medical, 936
dental, or other health-related diagnosis, care, or treatment.937

       (3) This section does not grant an immunity from tort or 938
other civil liability to a health care professional, health care 939
worker, nonprofit health care referral organization, or health 940
care facility or location for actions that are outside the scope 941
of authority of health care professionals or health care workers.942

       (4) This section does not affect any legal responsibility of 943
a health care professional, health care worker, or nonprofit 944
health care referral organization to comply with any applicable 945
law of this state or rule of an agency of this state.946

       (5) This section does not affect any legal responsibility of 947
a health care facility or location to comply with any applicable 948
law of this state, rule of an agency of this state, or local code, 949
ordinance, or regulation that pertains to or regulates building, 950
housing, air pollution, water pollution, sanitation, health, fire, 951
zoning, or safety.952

       Sec. 2305.51.  (A)(1) As used in this section:953

       (a) "Civil Rights" has the same meaning as in section 954
5122.301 of the Revised Code.955

       (b) "Mental health client or patient" means an individual who 956
is receiving mental health services from a mental health 957
professional or organization.958

       (c) "Mental health organization" means an organization that 959
engages one or more mental health professionals to provide mental 960
health services to one or more mental health clients or patients.961

       (d) "Mental health professional" means an individual who is 962
licensed, certified, or registered under the Revised Code, or 963
otherwise authorized in this state, to provide mental health 964
services for compensation, remuneration, or other personal gain.965

       (e) "Mental health service" means a service provided to an 966
individual or group of individuals involving the application of 967
medical, psychiatric, psychological, professional counseling, 968
social work, marriage and family therapy, or nursing principles 969
or procedures to either of the following:970

       (i) The assessment, diagnosis, prevention, treatment, or 971
amelioration of mental, emotional, psychiatric, psychological, or 972
psychosocial disorders or diseases, as described in the most 973
recent edition of the diagnostic and statistical manual of mental 974
disorders published by the American psychiatric association;975

       (ii) The assessment or improvement of mental, emotional, 976
psychiatric, psychological, or psychosocial adjustment or 977
functioning, regardless of whether there is a diagnosable, 978
pre-existing disorder or disease.979

       (f) "Knowledgeable person" means an individual who has reason 980
to believe that a mental health client or patient has the intent 981
and ability to carry out an explicit threat of inflicting imminent 982
and serious physical harm to or causing the death of a clearly 983
identifiable potential victim or victims and who is either an 984
immediate family member of the client or patient or an individual 985
who otherwise personally knows the client or patient.986

       (2) For the purpose of this section, in the case of a threat 987
to a readily identifiable structure, "clearly identifiable 988
potential victim" includes any potential occupant of the 989
structure.990

       (B) A mental health professional or mental health 991
organization may be held liable in damages in a civil action, or 992
may be made subject to disciplinary action by an entity with 993
licensing or other regulatory authority over the professional or 994
organization, for serious physical harm or death resulting from 995
failing to predict, warn of, or take precautions to provide 996
protection from the violent behavior of a mental health client or 997
patient, only if the client or patient or a knowledgeable person 998
has communicated to the professional or organization an explicit 999
threat of inflicting imminent and serious physical harm to or 1000
causing the death of one or more clearly identifiable potential 1001
victims, the professional or organization has reason to believe 1002
that the client or patient has the intent and ability to carry out 1003
the threat, and the professional or organization fails to take one 1004
or more of the following actions in a timely manner:1005

       (1) Exercise any authority the professional or organization 1006
possesses to hospitalize the client or patient on an emergency 1007
basis pursuant to section 5122.10 of the Revised Code;1008

       (2) Exercise any authority the professional or organization 1009
possesses to have the client or patient involuntarily or 1010
voluntarily hospitalized under Chapter 5122. of the Revised Code;1011

       (3) Establish and undertake a documented treatment plan that 1012
is reasonably calculated, according to appropriate standards of 1013
professional practice, to eliminate the possibility that the 1014
client or patient will carry out the threat, and, concurrent with 1015
establishing and undertaking the treatment plan, initiate 1016
arrangements for a second opinion risk assessment through a 1017
management consultation about the treatment plan with, in the case 1018
of a mental health organization, the clinical director of the 1019
organization, or, in the case of a mental health professional who 1020
is not acting as part of a mental health organization, any mental 1021
health professional who is licensed to engage in independent 1022
practice;1023

       (4) Communicate to a law enforcement agency with jurisdiction 1024
in the area where each potential victim resides, where a structure 1025
threatened by a mental health client or patient is located, or 1026
where the mental health client or patient resides, and if 1027
feasible, communicate to each potential victim or a potential 1028
victim's parent or guardian if the potential victim is a minor or 1029
has been adjudicated incompetent, all of the following 1030
information:1031

       (a) The nature of the threat;1032

       (b) The identity of the mental health client or patient 1033
making the threat;1034

       (c) The identity of each potential victim of the threat.1035

       (C) All of the following apply when a mental health 1036
professional or organization takes one or more of the actions set 1037
forth in divisions (B)(1) to (4) of this section:1038

       (1) The mental health professional or organization shall 1039
consider each of the alternatives set forth and shall document the 1040
reasons for choosing or rejecting each alternative.1041

       (2) The mental health professional or organization may give 1042
special consideration to those alternatives which, consistent with 1043
public safety, would least abridge the rights of the mental health 1044
client or patient established under the Revised Code, including 1045
the rights specified in sections 5122.27 to 5122.31 of the Revised 1046
Code.1047

       (3) The mental health professional or organization is not 1048
required to take an action that, in the exercise of reasonable 1049
professional judgment, would physically endanger the professional 1050
or organization, increase the danger to a potential victim, or 1051
increase the danger to the mental health client or patient.1052

       (4) The mental health professional or organization is not 1053
liable in damages in a civil action, and shall not be made subject 1054
to disciplinary action by any entity with licensing or other 1055
regulatory authority over the professional or organization, for 1056
disclosing any confidential information about a mental health 1057
client or patient that is disclosed for the purpose of taking any 1058
of the actions.1059

       (D) The immunities from civil liability and disciplinary 1060
action conferred by this section are in addition to and not in 1061
limitation of any immunity conferred on a mental health 1062
professional or organization by any other section of the Revised 1063
Code or by judicial precedent.1064

       (E) This section does not affect the civil rights of a mental 1065
health client or patient under Ohio or federal law.1066

       Sec. 2317.02.  The following persons shall not testify in 1067
certain respects:1068

       (A)(1) An attorney, concerning a communication made to the 1069
attorney by a client in that relation or concerning the attorney's 1070
advice to a client, except that the attorney may testify by 1071
express consent of the client or, if the client is deceased, by 1072
the express consent of the surviving spouse or the executor or 1073
administrator of the estate of the deceased client. However, if 1074
the client voluntarily reveals the substance of attorney-client 1075
communications in a nonprivileged context or is deemed by section 1076
2151.421 of the Revised Code to have waived any testimonial 1077
privilege under this division, the attorney may be compelled to 1078
testify on the same subject.1079

       The testimonial privilege established under this division 1080
does not apply concerning a communication between a client who has 1081
since died and the deceased client's attorney if the communication 1082
is relevant to a dispute between parties who claim through that 1083
deceased client, regardless of whether the claims are by testate 1084
or intestate succession or by inter vivos transaction, and the 1085
dispute addresses the competency of the deceased client when the 1086
deceased client executed a document that is the basis of the 1087
dispute or whether the deceased client was a victim of fraud, 1088
undue influence, or duress when the deceased client executed a 1089
document that is the basis of the dispute.1090

       (2) An attorney, concerning a communication made to the 1091
attorney by a client in that relationship or the attorney's advice 1092
to a client, except that if the client is an insurance company, 1093
the attorney may be compelled to testify, subject to an in camera 1094
inspection by a court, about communications made by the client to 1095
the attorney or by the attorney to the client that are related to 1096
the attorney's aiding or furthering an ongoing or future 1097
commission of bad faith by the client, if the party seeking 1098
disclosure of the communications has made a prima-facie showing of 1099
bad faith, fraud, or criminal misconduct by the client.1100

       (B)(1) A physician or a dentist concerning a communication 1101
made to the physician or dentist by a patient in that relation or 1102
the physician's or dentist's advice to a patient, except as 1103
otherwise provided in this division, division (B)(2), and division 1104
(B)(3) of this section, and except that, if the patient is deemed 1105
by section 2151.421 of the Revised Code to have waived any 1106
testimonial privilege under this division, the physician may be 1107
compelled to testify on the same subject.1108

       The testimonial privilege established under this division 1109
does not apply, and a physician or dentist may testify or may be 1110
compelled to testify, in any of the following circumstances:1111

       (a) In any civil action, in accordance with the discovery 1112
provisions of the Rules of Civil Procedure in connection with a 1113
civil action, or in connection with a claim under Chapter 4123. of 1114
the Revised Code, under any of the following circumstances:1115

       (i) If the patient or the guardian or other legal 1116
representative of the patient gives express consent;1117

       (ii) If the patient is deceased, the spouse of the patient or 1118
the executor or administrator of the patient's estate gives 1119
express consent;1120

       (iii) If a medical claim, dental claim, chiropractic claim, 1121
or optometric claim, as defined in section 2305.113 of the Revised 1122
Code, an action for wrongful death, any other type of civil 1123
action, or a claim under Chapter 4123. of the Revised Code is 1124
filed by the patient, the personal representative of the estate of 1125
the patient if deceased, or the patient's guardian or other legal 1126
representative.1127

       (b) In any civil action concerning court-ordered treatment or 1128
services received by a patient, if the court-ordered treatment or 1129
services were ordered as part of a case plan journalized under 1130
section 2151.412 of the Revised Code or the court-ordered 1131
treatment or services are necessary or relevant to dependency, 1132
neglect, or abuse or temporary or permanent custody proceedings 1133
under Chapter 2151. of the Revised Code.1134

       (c) In any criminal action concerning any test or the results 1135
of any test that determines the presence or concentration of 1136
alcohol, a drug of abuse, a combination of them, a controlled 1137
substance, or a metabolite of a controlled substance in the 1138
patient's whole blood, blood serum or plasma, breath, urine, or 1139
other bodily substance at any time relevant to the criminal 1140
offense in question.1141

       (d) In any criminal action against a physician or dentist. In 1142
such an action, the testimonial privilege established under this 1143
division does not prohibit the admission into evidence, in 1144
accordance with the Rules of Evidence, of a patient's medical or 1145
dental records or other communications between a patient and the 1146
physician or dentist that are related to the action and obtained 1147
by subpoena, search warrant, or other lawful means. A court that 1148
permits or compels a physician or dentist to testify in such an 1149
action or permits the introduction into evidence of patient 1150
records or other communications in such an action shall require 1151
that appropriate measures be taken to ensure that the 1152
confidentiality of any patient named or otherwise identified in 1153
the records is maintained. Measures to ensure confidentiality that 1154
may be taken by the court include sealing its records or deleting 1155
specific information from its records.1156

       (e)(i) If the communication was between a patient who has 1157
since died and the deceased patient's physician or dentist, the 1158
communication is relevant to a dispute between parties who claim 1159
through that deceased patient, regardless of whether the claims 1160
are by testate or intestate succession or by inter vivos 1161
transaction, and the dispute addresses the competency of the 1162
deceased patient when the deceased patient executed a document 1163
that is the basis of the dispute or whether the deceased patient 1164
was a victim of fraud, undue influence, or duress when the 1165
deceased patient executed a document that is the basis of the 1166
dispute.1167

       (ii) If neither the spouse of a patient nor the executor or 1168
administrator of that patient's estate gives consent under 1169
division (B)(1)(a)(ii) of this section, testimony or the 1170
disclosure of the patient's medical records by a physician, 1171
dentist, or other health care provider under division (B)(1)(e)(i) 1172
of this section is a permitted use or disclosure of protected 1173
health information, as defined in 45 C.F.R. 160.103, and an 1174
authorization or opportunity to be heard shall not be required.1175

       (iii) Division (B)(1)(e)(i) of this section does not require 1176
a mental health professional to disclose psychotherapy notes, as 1177
defined in 45 C.F.R. 164.501.1178

       (iv) An interested person who objects to testimony or 1179
disclosure under division (B)(1)(e)(i) of this section may seek a 1180
protective order pursuant to Civil Rule 26.1181

       (v) A person to whom protected health information is 1182
disclosed under division (B)(1)(e)(i) of this section shall not 1183
use or disclose the protected health information for any purpose 1184
other than the litigation or proceeding for which the information 1185
was requested and shall return the protected health information to 1186
the covered entity or destroy the protected health information, 1187
including all copies made, at the conclusion of the litigation or 1188
proceeding.1189

       (2)(a) If any law enforcement officer submits a written 1190
statement to a health care provider that states that an official 1191
criminal investigation has begun regarding a specified person or 1192
that a criminal action or proceeding has been commenced against a 1193
specified person, that requests the provider to supply to the 1194
officer copies of any records the provider possesses that pertain 1195
to any test or the results of any test administered to the 1196
specified person to determine the presence or concentration of 1197
alcohol, a drug of abuse, a combination of them, a controlled 1198
substance, or a metabolite of a controlled substance in the 1199
person's whole blood, blood serum or plasma, breath, or urine at 1200
any time relevant to the criminal offense in question, and that 1201
conforms to section 2317.022 of the Revised Code, the provider, 1202
except to the extent specifically prohibited by any law of this 1203
state or of the United States, shall supply to the officer a copy 1204
of any of the requested records the provider possesses. If the 1205
health care provider does not possess any of the requested 1206
records, the provider shall give the officer a written statement 1207
that indicates that the provider does not possess any of the 1208
requested records.1209

       (b) If a health care provider possesses any records of the 1210
type described in division (B)(2)(a) of this section regarding the 1211
person in question at any time relevant to the criminal offense in 1212
question, in lieu of personally testifying as to the results of 1213
the test in question, the custodian of the records may submit a 1214
certified copy of the records, and, upon its submission, the 1215
certified copy is qualified as authentic evidence and may be 1216
admitted as evidence in accordance with the Rules of Evidence. 1217
Division (A) of section 2317.422 of the Revised Code does not 1218
apply to any certified copy of records submitted in accordance 1219
with this division. Nothing in this division shall be construed to 1220
limit the right of any party to call as a witness the person who 1221
administered the test to which the records pertain, the person 1222
under whose supervision the test was administered, the custodian 1223
of the records, the person who made the records, or the person 1224
under whose supervision the records were made.1225

       (3)(a) If the testimonial privilege described in division 1226
(B)(1) of this section does not apply as provided in division 1227
(B)(1)(a)(iii) of this section, a physician or dentist may be 1228
compelled to testify or to submit to discovery under the Rules of 1229
Civil Procedure only as to a communication made to the physician 1230
or dentist by the patient in question in that relation, or the 1231
physician's or dentist's advice to the patient in question, that 1232
related causally or historically to physical or mental injuries 1233
that are relevant to issues in the medical claim, dental claim, 1234
chiropractic claim, or optometric claim, action for wrongful 1235
death, other civil action, or claim under Chapter 4123. of the 1236
Revised Code.1237

       (b) If the testimonial privilege described in division (B)(1) 1238
of this section does not apply to a physician or dentist as 1239
provided in division (B)(1)(c) of this section, the physician or 1240
dentist, in lieu of personally testifying as to the results of the 1241
test in question, may submit a certified copy of those results, 1242
and, upon its submission, the certified copy is qualified as 1243
authentic evidence and may be admitted as evidence in accordance 1244
with the Rules of Evidence. Division (A) of section 2317.422 of 1245
the Revised Code does not apply to any certified copy of results 1246
submitted in accordance with this division. Nothing in this 1247
division shall be construed to limit the right of any party to 1248
call as a witness the person who administered the test in 1249
question, the person under whose supervision the test was 1250
administered, the custodian of the results of the test, the person 1251
who compiled the results, or the person under whose supervision 1252
the results were compiled.1253

       (4) The testimonial privilege described in division (B)(1) of 1254
this section is not waived when a communication is made by a 1255
physician to a pharmacist or when there is communication between a 1256
patient and a pharmacist in furtherance of the physician-patient 1257
relation.1258

       (5)(a) As used in divisions (B)(1) to (4) of this section, 1259
"communication" means acquiring, recording, or transmitting any 1260
information, in any manner, concerning any facts, opinions, or 1261
statements necessary to enable a physician or dentist to diagnose, 1262
treat, prescribe, or act for a patient. A "communication" may 1263
include, but is not limited to, any medical or dental, office, or 1264
hospital communication such as a record, chart, letter, 1265
memorandum, laboratory test and results, x-ray, photograph, 1266
financial statement, diagnosis, or prognosis.1267

       (b) As used in division (B)(2) of this section, "health care 1268
provider" means a hospital, ambulatory care facility, long-term 1269
care facility, pharmacy, emergency facility, or health care 1270
practitioner.1271

       (c) As used in division (B)(5)(b) of this section:1272

       (i) "Ambulatory care facility" means a facility that provides 1273
medical, diagnostic, or surgical treatment to patients who do not 1274
require hospitalization, including a dialysis center, ambulatory 1275
surgical facility, cardiac catheterization facility, diagnostic 1276
imaging center, extracorporeal shock wave lithotripsy center, home 1277
health agency, inpatient hospice, birthing center, radiation 1278
therapy center, emergency facility, and an urgent care center. 1279
"Ambulatory health care facility" does not include the private 1280
office of a physician or dentist, whether the office is for an 1281
individual or group practice.1282

       (ii) "Emergency facility" means a hospital emergency 1283
department or any other facility that provides emergency medical 1284
services.1285

       (iii) "Health care practitioner" has the same meaning as in 1286
section 4769.01 of the Revised Code.1287

       (iv) "Hospital" has the same meaning as in section 3727.01 of 1288
the Revised Code.1289

       (v) "Long-term care facility" means a nursing home, 1290
residential care facility, or home for the aging, as those terms 1291
are defined in section 3721.01 of the Revised Code; a residential 1292
facility licensed under section 5119.34 of the Revised Code that 1293
provides accommodations, supervision, and personal care services 1294
for three to sixteen unrelated adults; a nursing facility, as 1295
defined in section 5165.01 of the Revised Code; a skilled nursing 1296
facility, as defined in section 5165.01 of the Revised Code; and 1297
an intermediate care facility for individuals with intellectual 1298
disabilities, as defined in section 5124.01 of the Revised Code.1299

       (vi) "Pharmacy" has the same meaning as in section 4729.01 of 1300
the Revised Code.1301

       (d) As used in divisions (B)(1) and (2) of this section, 1302
"drug of abuse" has the same meaning as in section 4506.01 of the 1303
Revised Code.1304

       (6) Divisions (B)(1), (2), (3), (4), and (5) of this section 1305
apply to doctors of medicine, doctors of osteopathic medicine, 1306
doctors of podiatry, and dentists.1307

       (7) Nothing in divisions (B)(1) to (6) of this section 1308
affects, or shall be construed as affecting, the immunity from 1309
civil liability conferred by section 307.628 of the Revised Code 1310
or the immunity from civil liability conferred by section 2305.33 1311
of the Revised Code upon physicians who report an employee's use 1312
of a drug of abuse, or a condition of an employee other than one 1313
involving the use of a drug of abuse, to the employer of the 1314
employee in accordance with division (B) of that section. As used 1315
in division (B)(7) of this section, "employee," "employer," and 1316
"physician" have the same meanings as in section 2305.33 of the 1317
Revised Code.1318

       (C)(1) A cleric, when the cleric remains accountable to the 1319
authority of that cleric's church, denomination, or sect, 1320
concerning a confession made, or any information confidentially 1321
communicated, to the cleric for a religious counseling purpose in 1322
the cleric's professional character. The cleric may testify by 1323
express consent of the person making the communication, except 1324
when the disclosure of the information is in violation of a sacred 1325
trust and except that, if the person voluntarily testifies or is 1326
deemed by division (A)(4)(c) of section 2151.421 of the Revised 1327
Code to have waived any testimonial privilege under this division, 1328
the cleric may be compelled to testify on the same subject except 1329
when disclosure of the information is in violation of a sacred 1330
trust.1331

       (2) As used in division (C) of this section:1332

        (a) "Cleric" means a member of the clergy, rabbi, priest, 1333
Christian Science practitioner, or regularly ordained, accredited, 1334
or licensed minister of an established and legally cognizable 1335
church, denomination, or sect.1336

        (b) "Sacred trust" means a confession or confidential 1337
communication made to a cleric in the cleric's ecclesiastical 1338
capacity in the course of discipline enjoined by the church to 1339
which the cleric belongs, including, but not limited to, the 1340
Catholic Church, if both of the following apply:1341

        (i) The confession or confidential communication was made 1342
directly to the cleric.1343

        (ii) The confession or confidential communication was made in 1344
the manner and context that places the cleric specifically and 1345
strictly under a level of confidentiality that is considered 1346
inviolate by canon law or church doctrine.1347

       (D) Husband or wife, concerning any communication made by one 1348
to the other, or an act done by either in the presence of the 1349
other, during coverture, unless the communication was made, or act 1350
done, in the known presence or hearing of a third person competent 1351
to be a witness; and such rule is the same if the marital relation 1352
has ceased to exist;1353

       (E) A person who assigns a claim or interest, concerning any 1354
matter in respect to which the person would not, if a party, be 1355
permitted to testify;1356

       (F) A person who, if a party, would be restricted under 1357
section 2317.03 of the Revised Code, when the property or thing is 1358
sold or transferred by an executor, administrator, guardian, 1359
trustee, heir, devisee, or legatee, shall be restricted in the 1360
same manner in any action or proceeding concerning the property or 1361
thing.1362

       (G)(1) A school guidance counselor who holds a valid educator 1363
license from the state board of education as provided for in 1364
section 3319.22 of the Revised Code, a person licensed under 1365
Chapter 4757. of the Revised Code as a licensed professional 1366
clinical counselor, licensed professional counselor, social 1367
worker, independent social worker, marriage and family therapist 1368
or independent marriage and family therapist, or registered under 1369
Chapter 4757. of the Revised Code as a social work assistant 1370
concerning a confidential communication received from a client in 1371
that relation or the person's advice to a client unless any of the 1372
following applies:1373

       (a) The communication or advice indicates clear and present 1374
danger to the client or other persons. For the purposes of this 1375
division, cases in which there are indications of present or past 1376
child abuse or neglect of the client constitute a clear and 1377
present danger.1378

       (b) The client gives express consent to the testimony.1379

       (c) If the client is deceased, the surviving spouse or the 1380
executor or administrator of the estate of the deceased client 1381
gives express consent.1382

       (d) The client voluntarily testifies, in which case the 1383
school guidance counselor or person licensed or registered under 1384
Chapter 4757. of the Revised Code may be compelled to testify on 1385
the same subject.1386

       (e) The court in camera determines that the information 1387
communicated by the client is not germane to the counselor-client, 1388
marriage and family therapist-client, or social worker-client 1389
relationship.1390

       (f) A court, in an action brought against a school, its 1391
administration, or any of its personnel by the client, rules after 1392
an in-camera inspection that the testimony of the school guidance 1393
counselor is relevant to that action.1394

       (g) The testimony is sought in a civil action and concerns 1395
court-ordered treatment or services received by a patient as part 1396
of a case plan journalized under section 2151.412 of the Revised 1397
Code or the court-ordered treatment or services are necessary or 1398
relevant to dependency, neglect, or abuse or temporary or 1399
permanent custody proceedings under Chapter 2151. of the Revised 1400
Code.1401

       (2) Nothing in division (G)(1) of this section shall relieve 1402
a school guidance counselor or a person licensed or registered 1403
under Chapter 4757. of the Revised Code from the requirement to 1404
report information concerning child abuse or neglect under section 1405
2151.421 of the Revised Code.1406

       (H) A mediator acting under a mediation order issued under 1407
division (A) of section 3109.052 of the Revised Code or otherwise 1408
issued in any proceeding for divorce, dissolution, legal 1409
separation, annulment, or the allocation of parental rights and 1410
responsibilities for the care of children, in any action or 1411
proceeding, other than a criminal, delinquency, child abuse, child 1412
neglect, or dependent child action or proceeding, that is brought 1413
by or against either parent who takes part in mediation in 1414
accordance with the order and that pertains to the mediation 1415
process, to any information discussed or presented in the 1416
mediation process, to the allocation of parental rights and 1417
responsibilities for the care of the parents' children, or to the 1418
awarding of parenting time rights in relation to their children;1419

       (I) A communications assistant, acting within the scope of 1420
the communication assistant's authority, when providing 1421
telecommunications relay service pursuant to section 4931.06 of 1422
the Revised Code or Title II of the "Communications Act of 1934," 1423
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 1424
made through a telecommunications relay service. Nothing in this 1425
section shall limit the obligation of a communications assistant 1426
to divulge information or testify when mandated by federal law or 1427
regulation or pursuant to subpoena in a criminal proceeding.1428

       Nothing in this section shall limit any immunity or privilege 1429
granted under federal law or regulation.1430

       (J)(1) A chiropractor in a civil proceeding concerning a 1431
communication made to the chiropractor by a patient in that 1432
relation or the chiropractor's advice to a patient, except as 1433
otherwise provided in this division. The testimonial privilege 1434
established under this division does not apply, and a chiropractor 1435
may testify or may be compelled to testify, in any civil action, 1436
in accordance with the discovery provisions of the Rules of Civil 1437
Procedure in connection with a civil action, or in connection with 1438
a claim under Chapter 4123. of the Revised Code, under any of the 1439
following circumstances:1440

       (a) If the patient or the guardian or other legal 1441
representative of the patient gives express consent.1442

       (b) If the patient is deceased, the spouse of the patient or 1443
the executor or administrator of the patient's estate gives 1444
express consent.1445

       (c) If a medical claim, dental claim, chiropractic claim, or 1446
optometric claim, as defined in section 2305.113 of the Revised 1447
Code, an action for wrongful death, any other type of civil 1448
action, or a claim under Chapter 4123. of the Revised Code is 1449
filed by the patient, the personal representative of the estate of 1450
the patient if deceased, or the patient's guardian or other legal 1451
representative.1452

       (2) If the testimonial privilege described in division (J)(1) 1453
of this section does not apply as provided in division (J)(1)(c) 1454
of this section, a chiropractor may be compelled to testify or to 1455
submit to discovery under the Rules of Civil Procedure only as to 1456
a communication made to the chiropractor by the patient in 1457
question in that relation, or the chiropractor's advice to the 1458
patient in question, that related causally or historically to 1459
physical or mental injuries that are relevant to issues in the 1460
medical claim, dental claim, chiropractic claim, or optometric 1461
claim, action for wrongful death, other civil action, or claim 1462
under Chapter 4123. of the Revised Code.1463

       (3) The testimonial privilege established under this division 1464
does not apply, and a chiropractor may testify or be compelled to 1465
testify, in any criminal action or administrative proceeding.1466

       (4) As used in this division, "communication" means 1467
acquiring, recording, or transmitting any information, in any 1468
manner, concerning any facts, opinions, or statements necessary to 1469
enable a chiropractor to diagnose, treat, or act for a patient. A 1470
communication may include, but is not limited to, any 1471
chiropractic, office, or hospital communication such as a record, 1472
chart, letter, memorandum, laboratory test and results, x-ray, 1473
photograph, financial statement, diagnosis, or prognosis.1474

       (K)(1) Except as provided under division (K)(2) of this 1475
section, a critical incident stress management team member 1476
concerning a communication received from an individual who 1477
receives crisis response services from the team member, or the 1478
team member's advice to the individual, during a debriefing 1479
session.1480

        (2) The testimonial privilege established under division 1481
(K)(1) of this section does not apply if any of the following are 1482
true:1483

        (a) The communication or advice indicates clear and present 1484
danger to the individual who receives crisis response services or 1485
to other persons. For purposes of this division, cases in which 1486
there are indications of present or past child abuse or neglect of 1487
the individual constitute a clear and present danger.1488

        (b) The individual who received crisis response services 1489
gives express consent to the testimony.1490

       (c) If the individual who received crisis response services 1491
is deceased, the surviving spouse or the executor or administrator 1492
of the estate of the deceased individual gives express consent.1493

        (d) The individual who received crisis response services 1494
voluntarily testifies, in which case the team member may be 1495
compelled to testify on the same subject.1496

        (e) The court in camera determines that the information 1497
communicated by the individual who received crisis response 1498
services is not germane to the relationship between the individual 1499
and the team member.1500

       (f) The communication or advice pertains or is related to any 1501
criminal act.1502

       (3) As used in division (K) of this section:1503

       (a) "Crisis response services" means consultation, risk 1504
assessment, referral, and on-site crisis intervention services 1505
provided by a critical incident stress management team to 1506
individuals affected by crisis or disaster.1507

       (b) "Critical incident stress management team member" or 1508
"team member" means an individual specially trained to provide 1509
crisis response services as a member of an organized community or 1510
local crisis response team that holds membership in the Ohio 1511
critical incident stress management network.1512

       (c) "Debriefing session" means a session at which crisis 1513
response services are rendered by a critical incident stress 1514
management team member during or after a crisis or disaster.1515

       (L)(1) Subject to division (L)(2) of this section and except 1516
as provided in division (L)(3) of this section, an employee 1517
assistance professional, concerning a communication made to the 1518
employee assistance professional by a client in the employee 1519
assistance professional's official capacity as an employee 1520
assistance professional.1521

        (2) Division (L)(1) of this section applies to an employee 1522
assistance professional who meets either or both of the following 1523
requirements:1524

        (a) Is certified by the employee assistance certification 1525
commission to engage in the employee assistance profession;1526

        (b) Has education, training, and experience in all of the 1527
following:1528

        (i) Providing workplace-based services designed to address 1529
employer and employee productivity issues;1530

        (ii) Providing assistance to employees and employees' 1531
dependents in identifying and finding the means to resolve 1532
personal problems that affect the employees or the employees' 1533
performance;1534

       (iii) Identifying and resolving productivity problems 1535
associated with an employee's concerns about any of the following 1536
matters: health, marriage, family, finances, substance abuse or 1537
other addiction, workplace, law, and emotional issues;1538

       (iv) Selecting and evaluating available community resources;1539

        (v) Making appropriate referrals;1540

        (vi) Local and national employee assistance agreements;1541

        (vii) Client confidentiality.1542

        (3) Division (L)(1) of this section does not apply to any of 1543
the following:1544

        (a) A criminal action or proceeding involving an offense 1545
under sections 2903.01 to 2903.06 of the Revised Code if the 1546
employee assistance professional's disclosure or testimony relates 1547
directly to the facts or immediate circumstances of the offense;1548

        (b) A communication made by a client to an employee 1549
assistance professional that reveals the contemplation or 1550
commission of a crime or serious, harmful act;1551

        (c) A communication that is made by a client who is an 1552
unemancipated minor or an adult adjudicated to be incompetent and 1553
indicates that the client was the victim of a crime or abuse;1554

       (d) A civil proceeding to determine an individual's mental 1555
competency or a criminal action in which a plea of not guilty by 1556
reason of insanity is entered;1557

        (e) A civil or criminal malpractice action brought against 1558
the employee assistance professional;1559

        (f) When the employee assistance professional has the express 1560
consent of the client or, if the client is deceased or disabled, 1561
the client's legal representative;1562

        (g) When the testimonial privilege otherwise provided by 1563
division (L)(1) of this section is abrogated under law.1564

       Sec. 2921.22.  (A)(1) Except as provided in division (A)(2) 1565
of this section, no person, knowing that a felony has been or is 1566
being committed, shall knowingly fail to report such information 1567
to law enforcement authorities.1568

       (2) No person, knowing that a violation of division (B) of 1569
section 2913.04 of the Revised Code has been, or is being 1570
committed or that the person has received information derived from 1571
such a violation, shall knowingly fail to report the violation to 1572
law enforcement authorities.1573

       (B) Except for conditions that are within the scope of 1574
division (E) of this section, no physician, limited practitioner, 1575
nurse, or other person giving aid to a sick or injured person 1576
shall negligently fail to report to law enforcement authorities 1577
any gunshot or stab wound treated or observed by the physician, 1578
limited practitioner, nurse, or person, or any serious physical 1579
harm to persons that the physician, limited practitioner, nurse, 1580
or person knows or has reasonable cause to believe resulted from 1581
an offense of violence.1582

       (C) No person who discovers the body or acquires the first 1583
knowledge of the death of a person shall fail to report the death 1584
immediately to a physician whom the person knows to be treating 1585
the deceased for a condition from which death at such time would 1586
not be unexpected, or to a law enforcement officer, an ambulance 1587
service, an emergency squad, or the coroner in a political 1588
subdivision in which the body is discovered, the death is believed 1589
to have occurred, or knowledge concerning the death is obtained.1590

       (D) No person shall fail to provide upon request of the 1591
person to whom a report required by division (C) of this section 1592
was made, or to any law enforcement officer who has reasonable 1593
cause to assert the authority to investigate the circumstances 1594
surrounding the death, any facts within the person's knowledge 1595
that may have a bearing on the investigation of the death.1596

       (E)(1) As used in this division, "burn injury" means any of 1597
the following:1598

       (a) Second or third degree burns;1599

       (b) Any burns to the upper respiratory tract or laryngeal 1600
edema due to the inhalation of superheated air;1601

       (c) Any burn injury or wound that may result in death;1602

       (d) Any physical harm to persons caused by or as the result 1603
of the use of fireworks, novelties and trick noisemakers, and wire 1604
sparklers, as each is defined by section 3743.01 of the Revised 1605
Code.1606

       (2) No physician, nurse, or limited practitioner who, outside 1607
a hospital, sanitarium, or other medical facility, attends or 1608
treats a person who has sustained a burn injury that is inflicted 1609
by an explosion or other incendiary device or that shows evidence 1610
of having been inflicted in a violent, malicious, or criminal 1611
manner shall fail to report the burn injury immediately to the 1612
local arson, or fire and explosion investigation, bureau, if there 1613
is a bureau of this type in the jurisdiction in which the person 1614
is attended or treated, or otherwise to local law enforcement 1615
authorities.1616

       (3) No manager, superintendent, or other person in charge of 1617
a hospital, sanitarium, or other medical facility in which a 1618
person is attended or treated for any burn injury that is 1619
inflicted by an explosion or other incendiary device or that shows 1620
evidence of having been inflicted in a violent, malicious, or 1621
criminal manner shall fail to report the burn injury immediately 1622
to the local arson, or fire and explosion investigation, bureau, 1623
if there is a bureau of this type in the jurisdiction in which the 1624
person is attended or treated, or otherwise to local law 1625
enforcement authorities.1626

       (4) No person who is required to report any burn injury under 1627
division (E)(2) or (3) of this section shall fail to file, within 1628
three working days after attending or treating the victim, a 1629
written report of the burn injury with the office of the state 1630
fire marshal. The report shall comply with the uniform standard 1631
developed by the state fire marshal pursuant to division (A)(15) 1632
of section 3737.22 of the Revised Code.1633

       (5) Anyone participating in the making of reports under 1634
division (E) of this section or anyone participating in a judicial 1635
proceeding resulting from the reports is immune from any civil or 1636
criminal liability that otherwise might be incurred or imposed as 1637
a result of such actions. Notwithstanding section 4731.22 of the 1638
Revised Code, the physician-patient relationship is not a ground 1639
for excluding evidence regarding a person's burn injury or the 1640
cause of the burn injury in any judicial proceeding resulting from 1641
a report submitted under division (E) of this section.1642

       (F)(1) Any doctor of medicine or osteopathic medicine, 1643
hospital intern or resident, registered or licensed practical 1644
nurse, psychologist, social worker, independent social worker, 1645
social work assistant, licensed professional clinical counselor, 1646
orlicensed professional counselor, independent marriage and 1647
family therapist, or marriage and family therapist who knows or 1648
has reasonable cause to believe that a patient or client has been 1649
the victim of domestic violence, as defined in section 3113.31 of 1650
the Revised Code, shall note that knowledge or belief and the 1651
basis for it in the patient's or client's records.1652

       (2) Notwithstanding section 4731.22 of the Revised Code, the 1653
doctor-patient privilege shall not be a ground for excluding any 1654
information regarding the report containing the knowledge or 1655
belief noted under division (F)(1) of this section, and the 1656
information may be admitted as evidence in accordance with the 1657
Rules of Evidence.1658

       (G) Divisions (A) and (D) of this section do not require 1659
disclosure of information, when any of the following applies:1660

       (1) The information is privileged by reason of the 1661
relationship between attorney and client; doctor and patient; 1662
licensed psychologist or licensed school psychologist and client; 1663
licensed professional clinical counselor, licensed professional 1664
counselor, independent social worker, social worker, independent 1665
marriage and family therapist, or marriage and family therapist 1666
and client; member of the clergy, rabbi, minister, or priest and 1667
any person communicating information confidentially to the member 1668
of the clergy, rabbi, minister, or priest for a religious 1669
counseling purpose of a professional character; husband and wife; 1670
or a communications assistant and those who are a party to a 1671
telecommunications relay service call.1672

       (2) The information would tend to incriminate a member of the 1673
actor's immediate family.1674

       (3) Disclosure of the information would amount to revealing a 1675
news source, privileged under section 2739.04 or 2739.12 of the 1676
Revised Code.1677

       (4) Disclosure of the information would amount to disclosure 1678
by a member of the ordained clergy of an organized religious body 1679
of a confidential communication made to that member of the clergy 1680
in that member's capacity as a member of the clergy by a person 1681
seeking the aid or counsel of that member of the clergy.1682

       (5) Disclosure would amount to revealing information acquired 1683
by the actor in the course of the actor's duties in connection 1684
with a bona fide program of treatment or services for drug 1685
dependent persons or persons in danger of drug dependence, which 1686
program is maintained or conducted by a hospital, clinic, person, 1687
agency, or services provider certified pursuant to section 5119.36 1688
of the Revised Code.1689

       (6) Disclosure would amount to revealing information acquired 1690
by the actor in the course of the actor's duties in connection 1691
with a bona fide program for providing counseling services to 1692
victims of crimes that are violations of section 2907.02 or 1693
2907.05 of the Revised Code or to victims of felonious sexual 1694
penetration in violation of former section 2907.12 of the Revised 1695
Code. As used in this division, "counseling services" include 1696
services provided in an informal setting by a person who, by 1697
education or experience, is competent to provide those services.1698

       (H) No disclosure of information pursuant to this section 1699
gives rise to any liability or recrimination for a breach of 1700
privilege or confidence.1701

       (I) Whoever violates division (A) or (B) of this section is 1702
guilty of failure to report a crime. Violation of division (A)(1) 1703
of this section is a misdemeanor of the fourth degree. Violation 1704
of division (A)(2) or (B) of this section is a misdemeanor of the 1705
second degree.1706

       (J) Whoever violates division (C) or (D) of this section is 1707
guilty of failure to report knowledge of a death, a misdemeanor of 1708
the fourth degree.1709

       (K)(1) Whoever negligently violates division (E) of this 1710
section is guilty of a minor misdemeanor.1711

       (2) Whoever knowingly violates division (E) of this section 1712
is guilty of a misdemeanor of the second degree.1713

       Sec. 2925.01.  As used in this chapter:1714

       (A) "Administer," "controlled substance," "controlled 1715
substance analog," "dispense," "distribute," "hypodermic," 1716
"manufacturer," "official written order," "person," "pharmacist," 1717
"pharmacy," "sale," "schedule I," "schedule II," "schedule III," 1718
"schedule IV," "schedule V," and "wholesaler" have the same 1719
meanings as in section 3719.01 of the Revised Code.1720

       (B) "Drug dependent person" and "drug of abuse" have the same 1721
meanings as in section 3719.011 of the Revised Code.1722

       (C) "Drug," "dangerous drug," "licensed health professional 1723
authorized to prescribe drugs," and "prescription" have the same 1724
meanings as in section 4729.01 of the Revised Code.1725

       (D) "Bulk amount" of a controlled substance means any of the 1726
following:1727

       (1) For any compound, mixture, preparation, or substance 1728
included in schedule I, schedule II, or schedule III, with the 1729
exception of controlled substance analogs, marihuana, cocaine, 1730
L.S.D., heroin, and hashish and except as provided in division 1731
(D)(2) or (5) of this section, whichever of the following is 1732
applicable:1733

       (a) An amount equal to or exceeding ten grams or twenty-five 1734
unit doses of a compound, mixture, preparation, or substance that 1735
is or contains any amount of a schedule I opiate or opium 1736
derivative;1737

       (b) An amount equal to or exceeding ten grams of a compound, 1738
mixture, preparation, or substance that is or contains any amount 1739
of raw or gum opium;1740

       (c) An amount equal to or exceeding thirty grams or ten unit 1741
doses of a compound, mixture, preparation, or substance that is or 1742
contains any amount of a schedule I hallucinogen other than 1743
tetrahydrocannabinol or lysergic acid amide, or a schedule I 1744
stimulant or depressant;1745

       (d) An amount equal to or exceeding twenty grams or five 1746
times the maximum daily dose in the usual dose range specified in 1747
a standard pharmaceutical reference manual of a compound, mixture, 1748
preparation, or substance that is or contains any amount of a 1749
schedule II opiate or opium derivative;1750

       (e) An amount equal to or exceeding five grams or ten unit 1751
doses of a compound, mixture, preparation, or substance that is or 1752
contains any amount of phencyclidine;1753

       (f) An amount equal to or exceeding one hundred twenty grams 1754
or thirty times the maximum daily dose in the usual dose range 1755
specified in a standard pharmaceutical reference manual of a 1756
compound, mixture, preparation, or substance that is or contains 1757
any amount of a schedule II stimulant that is in a final dosage 1758
form manufactured by a person authorized by the "Federal Food, 1759
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as 1760
amended, and the federal drug abuse control laws, as defined in 1761
section 3719.01 of the Revised Code, that is or contains any 1762
amount of a schedule II depressant substance or a schedule II 1763
hallucinogenic substance;1764

       (g) An amount equal to or exceeding three grams of a 1765
compound, mixture, preparation, or substance that is or contains 1766
any amount of a schedule II stimulant, or any of its salts or 1767
isomers, that is not in a final dosage form manufactured by a 1768
person authorized by the Federal Food, Drug, and Cosmetic Act and 1769
the federal drug abuse control laws.1770

       (2) An amount equal to or exceeding one hundred twenty grams 1771
or thirty times the maximum daily dose in the usual dose range 1772
specified in a standard pharmaceutical reference manual of a 1773
compound, mixture, preparation, or substance that is or contains 1774
any amount of a schedule III or IV substance other than an 1775
anabolic steroid or a schedule III opiate or opium derivative;1776

       (3) An amount equal to or exceeding twenty grams or five 1777
times the maximum daily dose in the usual dose range specified in 1778
a standard pharmaceutical reference manual of a compound, mixture, 1779
preparation, or substance that is or contains any amount of a 1780
schedule III opiate or opium derivative;1781

       (4) An amount equal to or exceeding two hundred fifty 1782
milliliters or two hundred fifty grams of a compound, mixture, 1783
preparation, or substance that is or contains any amount of a 1784
schedule V substance;1785

       (5) An amount equal to or exceeding two hundred solid dosage 1786
units, sixteen grams, or sixteen milliliters of a compound, 1787
mixture, preparation, or substance that is or contains any amount 1788
of a schedule III anabolic steroid.1789

       (E) "Unit dose" means an amount or unit of a compound, 1790
mixture, or preparation containing a controlled substance that is 1791
separately identifiable and in a form that indicates that it is 1792
the amount or unit by which the controlled substance is separately 1793
administered to or taken by an individual.1794

       (F) "Cultivate" includes planting, watering, fertilizing, or 1795
tilling.1796

       (G) "Drug abuse offense" means any of the following:1797

       (1) A violation of division (A) of section 2913.02 that 1798
constitutes theft of drugs, or a violation of section 2925.02, 1799
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 1800
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or 1801
2925.37 of the Revised Code;1802

       (2) A violation of an existing or former law of this or any 1803
other state or of the United States that is substantially 1804
equivalent to any section listed in division (G)(1) of this 1805
section;1806

       (3) An offense under an existing or former law of this or any 1807
other state, or of the United States, of which planting, 1808
cultivating, harvesting, processing, making, manufacturing, 1809
producing, shipping, transporting, delivering, acquiring, 1810
possessing, storing, distributing, dispensing, selling, inducing 1811
another to use, administering to another, using, or otherwise 1812
dealing with a controlled substance is an element;1813

       (4) A conspiracy to commit, attempt to commit, or complicity 1814
in committing or attempting to commit any offense under division 1815
(G)(1), (2), or (3) of this section.1816

       (H) "Felony drug abuse offense" means any drug abuse offense 1817
that would constitute a felony under the laws of this state, any 1818
other state, or the United States.1819

       (I) "Harmful intoxicant" does not include beer or 1820
intoxicating liquor but means any of the following:1821

       (1) Any compound, mixture, preparation, or substance the gas, 1822
fumes, or vapor of which when inhaled can induce intoxication, 1823
excitement, giddiness, irrational behavior, depression, 1824
stupefaction, paralysis, unconsciousness, asphyxiation, or other 1825
harmful physiological effects, and includes, but is not limited 1826
to, any of the following:1827

       (a) Any volatile organic solvent, plastic cement, model 1828
cement, fingernail polish remover, lacquer thinner, cleaning 1829
fluid, gasoline, or other preparation containing a volatile 1830
organic solvent;1831

       (b) Any aerosol propellant;1832

       (c) Any fluorocarbon refrigerant;1833

       (d) Any anesthetic gas.1834

       (2) Gamma Butyrolactone;1835

       (3) 1,4 Butanediol.1836

       (J) "Manufacture" means to plant, cultivate, harvest, 1837
process, make, prepare, or otherwise engage in any part of the 1838
production of a drug, by propagation, extraction, chemical 1839
synthesis, or compounding, or any combination of the same, and 1840
includes packaging, repackaging, labeling, and other activities 1841
incident to production.1842

       (K) "Possess" or "possession" means having control over a 1843
thing or substance, but may not be inferred solely from mere 1844
access to the thing or substance through ownership or occupation 1845
of the premises upon which the thing or substance is found.1846

       (L) "Sample drug" means a drug or pharmaceutical preparation 1847
that would be hazardous to health or safety if used without the 1848
supervision of a licensed health professional authorized to 1849
prescribe drugs, or a drug of abuse, and that, at one time, had 1850
been placed in a container plainly marked as a sample by a 1851
manufacturer.1852

       (M) "Standard pharmaceutical reference manual" means the 1853
current edition, with cumulative changes if any, of references 1854
that are approved by the state board of pharmacy.1855

       (N) "Juvenile" means a person under eighteen years of age.1856

       (O) "Counterfeit controlled substance" means any of the 1857
following:1858

       (1) Any drug that bears, or whose container or label bears, a 1859
trademark, trade name, or other identifying mark used without 1860
authorization of the owner of rights to that trademark, trade 1861
name, or identifying mark;1862

       (2) Any unmarked or unlabeled substance that is represented 1863
to be a controlled substance manufactured, processed, packed, or 1864
distributed by a person other than the person that manufactured, 1865
processed, packed, or distributed it;1866

       (3) Any substance that is represented to be a controlled 1867
substance but is not a controlled substance or is a different 1868
controlled substance;1869

       (4) Any substance other than a controlled substance that a 1870
reasonable person would believe to be a controlled substance 1871
because of its similarity in shape, size, and color, or its 1872
markings, labeling, packaging, distribution, or the price for 1873
which it is sold or offered for sale.1874

       (P) An offense is "committed in the vicinity of a school" if 1875
the offender commits the offense on school premises, in a school 1876
building, or within one thousand feet of the boundaries of any 1877
school premises, regardless of whether the offender knows the 1878
offense is being committed on school premises, in a school 1879
building, or within one thousand feet of the boundaries of any 1880
school premises.1881

       (Q) "School" means any school operated by a board of 1882
education, any community school established under Chapter 3314. of 1883
the Revised Code, or any nonpublic school for which the state 1884
board of education prescribes minimum standards under section 1885
3301.07 of the Revised Code, whether or not any instruction, 1886
extracurricular activities, or training provided by the school is 1887
being conducted at the time a criminal offense is committed.1888

       (R) "School premises" means either of the following:1889

       (1) The parcel of real property on which any school is 1890
situated, whether or not any instruction, extracurricular 1891
activities, or training provided by the school is being conducted 1892
on the premises at the time a criminal offense is committed;1893

       (2) Any other parcel of real property that is owned or leased 1894
by a board of education of a school, the governing authority of a 1895
community school established under Chapter 3314. of the Revised 1896
Code, or the governing body of a nonpublic school for which the 1897
state board of education prescribes minimum standards under 1898
section 3301.07 of the Revised Code and on which some of the 1899
instruction, extracurricular activities, or training of the school 1900
is conducted, whether or not any instruction, extracurricular 1901
activities, or training provided by the school is being conducted 1902
on the parcel of real property at the time a criminal offense is 1903
committed.1904

       (S) "School building" means any building in which any of the 1905
instruction, extracurricular activities, or training provided by a 1906
school is conducted, whether or not any instruction, 1907
extracurricular activities, or training provided by the school is 1908
being conducted in the school building at the time a criminal 1909
offense is committed.1910

       (T) "Disciplinary counsel" means the disciplinary counsel 1911
appointed by the board of commissioners on grievances and 1912
discipline of the supreme court under the Rules for the Government 1913
of the Bar of Ohio.1914

       (U) "Certified grievance committee" means a duly constituted 1915
and organized committee of the Ohio state bar association or of 1916
one or more local bar associations of the state of Ohio that 1917
complies with the criteria set forth in Rule V, section 6 of the 1918
Rules for the Government of the Bar of Ohio.1919

       (V) "Professional license" means any license, permit, 1920
certificate, registration, qualification, admission, temporary 1921
license, temporary permit, temporary certificate, or temporary 1922
registration that is described in divisions (W)(1) to (36) of this 1923
section and that qualifies a person as a professionally licensed 1924
person.1925

       (W) "Professionally licensed person" means any of the 1926
following:1927

       (1) A person who has obtained a license as a manufacturer of 1928
controlled substances or a wholesaler of controlled substances 1929
under Chapter 3719. of the Revised Code;1930

       (2) A person who has received a certificate or temporary 1931
certificate as a certified public accountant or who has registered 1932
as a public accountant under Chapter 4701. of the Revised Code and 1933
who holds an Ohio permit issued under that chapter;1934

       (3) A person who holds a certificate of qualification to 1935
practice architecture issued or renewed and registered under 1936
Chapter 4703. of the Revised Code;1937

       (4) A person who is registered as a landscape architect under 1938
Chapter 4703. of the Revised Code or who holds a permit as a 1939
landscape architect issued under that chapter;1940

       (5) A person licensed under Chapter 4707. of the Revised 1941
Code;1942

       (6) A person who has been issued a certificate of 1943
registration as a registered barber under Chapter 4709. of the 1944
Revised Code;1945

       (7) A person licensed and regulated to engage in the business 1946
of a debt pooling company by a legislative authority, under 1947
authority of Chapter 4710. of the Revised Code;1948

       (8) A person who has been issued a cosmetologist's license, 1949
hair designer's license, manicurist's license, esthetician's 1950
license, natural hair stylist's license, managing cosmetologist's 1951
license, managing hair designer's license, managing manicurist's 1952
license, managing esthetician's license, managing natural hair 1953
stylist's license, cosmetology instructor's license, hair design 1954
instructor's license, manicurist instructor's license, esthetics 1955
instructor's license, natural hair style instructor's license, 1956
independent contractor's license, or tanning facility permit under 1957
Chapter 4713. of the Revised Code;1958

       (9) A person who has been issued a license to practice 1959
dentistry, a general anesthesia permit, a conscious intravenous 1960
sedation permit, a limited resident's license, a limited teaching 1961
license, a dental hygienist's license, or a dental hygienist's 1962
teacher's certificate under Chapter 4715. of the Revised Code;1963

       (10) A person who has been issued an embalmer's license, a 1964
funeral director's license, a funeral home license, or a crematory 1965
license, or who has been registered for an embalmer's or funeral 1966
director's apprenticeship under Chapter 4717. of the Revised Code;1967

       (11) A person who has been licensed as a registered nurse or 1968
practical nurse, or who has been issued a certificate for the 1969
practice of nurse-midwifery under Chapter 4723. of the Revised 1970
Code;1971

       (12) A person who has been licensed to practice optometry or 1972
to engage in optical dispensing under Chapter 4725. of the Revised 1973
Code;1974

       (13) A person licensed to act as a pawnbroker under Chapter 1975
4727. of the Revised Code;1976

       (14) A person licensed to act as a precious metals dealer 1977
under Chapter 4728. of the Revised Code;1978

       (15) A person licensed as a pharmacist, a pharmacy intern, a 1979
wholesale distributor of dangerous drugs, or a terminal 1980
distributor of dangerous drugs under Chapter 4729. of the Revised 1981
Code;1982

       (16) A person who is authorized to practice as a physician 1983
assistant under Chapter 4730. of the Revised Code;1984

       (17) A person who has been issued a certificate to practice 1985
medicine and surgery, osteopathic medicine and surgery, a limited 1986
branch of medicine, or podiatry under Chapter 4731. of the Revised 1987
Code;1988

       (18) A person licensed as a psychologist or school 1989
psychologist under Chapter 4732. of the Revised Code;1990

       (19) A person registered to practice the profession of 1991
engineering or surveying under Chapter 4733. of the Revised Code;1992

       (20) A person who has been issued a license to practice 1993
chiropractic under Chapter 4734. of the Revised Code;1994

       (21) A person licensed to act as a real estate broker or real 1995
estate salesperson under Chapter 4735. of the Revised Code;1996

       (22) A person registered as a registered sanitarian under 1997
Chapter 4736. of the Revised Code;1998

       (23) A person licensed to operate or maintain a junkyard 1999
under Chapter 4737. of the Revised Code;2000

       (24) A person who has been issued a motor vehicle salvage 2001
dealer's license under Chapter 4738. of the Revised Code;2002

       (25) A person who has been licensed to act as a steam 2003
engineer under Chapter 4739. of the Revised Code;2004

       (26) A person who has been issued a license or temporary 2005
permit to practice veterinary medicine or any of its branches, or 2006
who is registered as a graduate animal technician under Chapter 2007
4741. of the Revised Code;2008

       (27) A person who has been issued a hearing aid dealer's or 2009
fitter's license or trainee permit under Chapter 4747. of the 2010
Revised Code;2011

       (28) A person who has been issued a class A, class B, or 2012
class C license or who has been registered as an investigator or 2013
security guard employee under Chapter 4749. of the Revised Code;2014

       (29) A person licensed and registered to practice as a 2015
nursing home administrator under Chapter 4751. of the Revised 2016
Code;2017

       (30) A person licensed to practice as a speech-language 2018
pathologist or audiologist under Chapter 4753. of the Revised 2019
Code;2020

       (31) A person issued a license as an occupational therapist 2021
or physical therapist under Chapter 4755. of the Revised Code;2022

       (32) A person who is licensed as a licensed professional 2023
clinical counselor or, licensed professional counselor, licensed 2024
as a social worker or, independent social worker, independent 2025
marriage and family therapist, or marriage and family therapist,2026
or registered as a social work assistant under Chapter 4757. of 2027
the Revised Code;2028

       (33) A person issued a license to practice dietetics under 2029
Chapter 4759. of the Revised Code;2030

       (34) A person who has been issued a license or limited permit 2031
to practice respiratory therapy under Chapter 4761. of the Revised 2032
Code;2033

       (35) A person who has been issued a real estate appraiser 2034
certificate under Chapter 4763. of the Revised Code;2035

       (36) A person who has been admitted to the bar by order of 2036
the supreme court in compliance with its prescribed and published 2037
rules.2038

       (X) "Cocaine" means any of the following:2039

       (1) A cocaine salt, isomer, or derivative, a salt of a 2040
cocaine isomer or derivative, or the base form of cocaine;2041

       (2) Coca leaves or a salt, compound, derivative, or 2042
preparation of coca leaves, including ecgonine, a salt, isomer, or 2043
derivative of ecgonine, or a salt of an isomer or derivative of 2044
ecgonine;2045

       (3) A salt, compound, derivative, or preparation of a 2046
substance identified in division (X)(1) or (2) of this section 2047
that is chemically equivalent to or identical with any of those 2048
substances, except that the substances shall not include 2049
decocainized coca leaves or extraction of coca leaves if the 2050
extractions do not contain cocaine or ecgonine.2051

       (Y) "L.S.D." means lysergic acid diethylamide.2052

       (Z) "Hashish" means the resin or a preparation of the resin 2053
contained in marihuana, whether in solid form or in a liquid 2054
concentrate, liquid extract, or liquid distillate form.2055

       (AA) "Marihuana" has the same meaning as in section 3719.01 2056
of the Revised Code, except that it does not include hashish.2057

       (BB) An offense is "committed in the vicinity of a juvenile" 2058
if the offender commits the offense within one hundred feet of a 2059
juvenile or within the view of a juvenile, regardless of whether 2060
the offender knows the age of the juvenile, whether the offender 2061
knows the offense is being committed within one hundred feet of or 2062
within view of the juvenile, or whether the juvenile actually 2063
views the commission of the offense.2064

       (CC) "Presumption for a prison term" or "presumption that a 2065
prison term shall be imposed" means a presumption, as described in 2066
division (D) of section 2929.13 of the Revised Code, that a prison 2067
term is a necessary sanction for a felony in order to comply with 2068
the purposes and principles of sentencing under section 2929.11 of 2069
the Revised Code.2070

       (DD) "Major drug offender" has the same meaning as in section 2071
2929.01 of the Revised Code.2072

       (EE) "Minor drug possession offense" means either of the 2073
following:2074

       (1) A violation of section 2925.11 of the Revised Code as it 2075
existed prior to July 1, 1996;2076

       (2) A violation of section 2925.11 of the Revised Code as it 2077
exists on and after July 1, 1996, that is a misdemeanor or a 2078
felony of the fifth degree.2079

       (FF) "Mandatory prison term" has the same meaning as in 2080
section 2929.01 of the Revised Code.2081

        (GG) "Adulterate" means to cause a drug to be adulterated as 2082
described in section 3715.63 of the Revised Code.2083

       (HH) "Public premises" means any hotel, restaurant, tavern, 2084
store, arena, hall, or other place of public accommodation, 2085
business, amusement, or resort.2086

       (II) "Methamphetamine" means methamphetamine, any salt, 2087
isomer, or salt of an isomer of methamphetamine, or any compound, 2088
mixture, preparation, or substance containing methamphetamine or 2089
any salt, isomer, or salt of an isomer of methamphetamine.2090

       (JJ) "Lawful prescription" means a prescription that is 2091
issued for a legitimate medical purpose by a licensed health 2092
professional authorized to prescribe drugs, that is not altered or 2093
forged, and that was not obtained by means of deception or by the 2094
commission of any theft offense.2095

       (KK) "Deception" and "theft offense" have the same meanings 2096
as in section 2913.01 of the Revised Code.2097

       Sec. 2951.041.  (A)(1) If an offender is charged with a 2098
criminal offense, including but not limited to a violation of 2099
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of 2100
the Revised Code, and the court has reason to believe that drug or 2101
alcohol usage by the offender was a factor leading to the criminal 2102
offense with which the offender is charged or that, at the time of 2103
committing that offense, the offender had a mental illness or was 2104
a person with intellectual disability and that the mental illness 2105
or status as a person with intellectual disability was a factor 2106
leading to the offender's criminal behavior, the court may accept, 2107
prior to the entry of a guilty plea, the offender's request for 2108
intervention in lieu of conviction. The request shall include a 2109
statement from the offender as to whether the offender is alleging 2110
that drug or alcohol usage by the offender was a factor leading to 2111
the criminal offense with which the offender is charged or is 2112
alleging that, at the time of committing that offense, the 2113
offender had a mental illness or was a person with intellectual 2114
disability and that the mental illness or status as a person with 2115
intellectual disability was a factor leading to the criminal 2116
offense with which the offender is charged. The request also shall 2117
include a waiver of the defendant's right to a speedy trial, the 2118
preliminary hearing, the time period within which the grand jury 2119
may consider an indictment against the offender, and arraignment, 2120
unless the hearing, indictment, or arraignment has already 2121
occurred. The court may reject an offender's request without a 2122
hearing. If the court elects to consider an offender's request, 2123
the court shall conduct a hearing to determine whether the 2124
offender is eligible under this section for intervention in lieu 2125
of conviction and shall stay all criminal proceedings pending the 2126
outcome of the hearing. If the court schedules a hearing, the 2127
court shall order an assessment of the offender for the purpose of 2128
determining the offender's eligibility for intervention in lieu of 2129
conviction and recommending an appropriate intervention plan.2130

       If the offender alleges that drug or alcohol usage by the 2131
offender was a factor leading to the criminal offense with which 2132
the offender is charged, the court may order that the offender be 2133
assessed by an addiction services provider certified pursuant to 2134
section 5119.36 of the Revised Code or a properly credentialed 2135
professional for the purpose of determining the offender's 2136
eligibility for intervention in lieu of conviction and 2137
recommending an appropriate intervention plan. The addiction 2138
services provider or the properly credentialed professional shall 2139
provide a written assessment of the offender to the court.2140

       (2) The victim notification provisions of division (C) of 2141
section 2930.08 of the Revised Code apply in relation to any 2142
hearing held under division (A)(1) of this section.2143

       (B) An offender is eligible for intervention in lieu of 2144
conviction if the court finds all of the following:2145

       (1) The offender previously has not been convicted of or 2146
pleaded guilty to a felony offense of violence or previously has 2147
been convicted of or pleaded guilty to any felony that is not an 2148
offense of violence and the prosecuting attorney recommends that 2149
the offender be found eligible for participation in intervention 2150
in lieu of treatment under this section, previously has not been 2151
through intervention in lieu of conviction under this section or 2152
any similar regimen, and is charged with a felony for which the 2153
court, upon conviction, would impose a community control sanction 2154
on the offender under division (B)(2) of section 2929.13 of the 2155
Revised Code or with a misdemeanor.2156

       (2) The offense is not a felony of the first, second, or 2157
third degree, is not an offense of violence, is not a violation of 2158
division (A)(1) or (2) of section 2903.06 of the Revised Code, is 2159
not a violation of division (A)(1) of section 2903.08 of the 2160
Revised Code, is not a violation of division (A) of section 2161
4511.19 of the Revised Code or a municipal ordinance that is 2162
substantially similar to that division, and is not an offense for 2163
which a sentencing court is required to impose a mandatory prison 2164
term, a mandatory term of local incarceration, or a mandatory term 2165
of imprisonment in a jail.2166

       (3) The offender is not charged with a violation of section 2167
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged 2168
with a violation of section 2925.03 of the Revised Code that is a 2169
felony of the first, second, third, or fourth degree, and is not 2170
charged with a violation of section 2925.11 of the Revised Code 2171
that is a felony of the first, second, or third degree.2172

       (4) If an offender alleges that drug or alcohol usage by the 2173
offender was a factor leading to the criminal offense with which 2174
the offender is charged, the court has ordered that the offender 2175
be assessed by an addiction services provider certified pursuant 2176
to section 5119.36 of the Revised Code or a properly credentialed 2177
professional for the purpose of determining the offender's 2178
eligibility for intervention in lieu of conviction and 2179
recommending an appropriate intervention plan, the offender has 2180
been assessed by an addiction services provider of that nature or 2181
a properly credentialed professional in accordance with the 2182
court's order, and the addiction services provider or properly 2183
credentialed professional has filed the written assessment of the 2184
offender with the court.2185

       (5) If an offender alleges that, at the time of committing 2186
the criminal offense with which the offender is charged, the 2187
offender had a mental illness or was a person with intellectual 2188
disability and that the mental illness or status as a person with 2189
intellectual disability was a factor leading to that offense, the 2190
offender has been assessed by a psychiatrist, psychologist, 2191
independent social worker, orlicensed professional clinical 2192
counselor, or independent marriage and family therapist for the 2193
purpose of determining the offender's eligibility for intervention 2194
in lieu of conviction and recommending an appropriate intervention 2195
plan.2196

       (6) The offender's drug usage, alcohol usage, mental illness, 2197
or intellectual disability, whichever is applicable, was a factor 2198
leading to the criminal offense with which the offender is 2199
charged, intervention in lieu of conviction would not demean the 2200
seriousness of the offense, and intervention would substantially 2201
reduce the likelihood of any future criminal activity.2202

       (7) The alleged victim of the offense was not sixty-five 2203
years of age or older, permanently and totally disabled, under 2204
thirteen years of age, or a peace officer engaged in the officer's 2205
official duties at the time of the alleged offense.2206

       (8) If the offender is charged with a violation of section 2207
2925.24 of the Revised Code, the alleged violation did not result 2208
in physical harm to any person, and the offender previously has 2209
not been treated for drug abuse.2210

       (9) The offender is willing to comply with all terms and 2211
conditions imposed by the court pursuant to division (D) of this 2212
section.2213

       (10) The offender is not charged with an offense that would 2214
result in the offender being disqualified under Chapter 4506. of 2215
the Revised Code from operating a commercial motor vehicle or 2216
would subject the offender to any other sanction under that 2217
chapter. 2218

       (C) At the conclusion of a hearing held pursuant to division 2219
(A) of this section, the court shall enter its determination as to 2220
whether the offender is eligible for intervention in lieu of 2221
conviction and as to whether to grant the offender's request. If 2222
the court finds under division (B) of this section that the 2223
offender is eligible for intervention in lieu of conviction and 2224
grants the offender's request, the court shall accept the 2225
offender's plea of guilty and waiver of the defendant's right to a 2226
speedy trial, the preliminary hearing, the time period within 2227
which the grand jury may consider an indictment against the 2228
offender, and arraignment, unless the hearing, indictment, or 2229
arraignment has already occurred. In addition, the court then may 2230
stay all criminal proceedings and order the offender to comply 2231
with all terms and conditions imposed by the court pursuant to 2232
division (D) of this section. If the court finds that the offender 2233
is not eligible or does not grant the offender's request, the 2234
criminal proceedings against the offender shall proceed as if the 2235
offender's request for intervention in lieu of conviction had not 2236
been made.2237

       (D) If the court grants an offender's request for 2238
intervention in lieu of conviction, the court shall place the 2239
offender under the general control and supervision of the county 2240
probation department, the adult parole authority, or another 2241
appropriate local probation or court services agency, if one 2242
exists, as if the offender was subject to a community control 2243
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the 2244
Revised Code. The court shall establish an intervention plan for 2245
the offender. The terms and conditions of the intervention plan 2246
shall require the offender, for at least one year from the date on 2247
which the court grants the order of intervention in lieu of 2248
conviction, to abstain from the use of illegal drugs and alcohol, 2249
to participate in treatment and recovery support services, and to 2250
submit to regular random testing for drug and alcohol use and may 2251
include any other treatment terms and conditions, or terms and 2252
conditions similar to community control sanctions, which may 2253
include community service or restitution, that are ordered by the 2254
court.2255

       (E) If the court grants an offender's request for 2256
intervention in lieu of conviction and the court finds that the 2257
offender has successfully completed the intervention plan for the 2258
offender, including the requirement that the offender abstain from 2259
using illegal drugs and alcohol for a period of at least one year 2260
from the date on which the court granted the order of intervention 2261
in lieu of conviction, the requirement that the offender 2262
participate in treatment and recovery support services, and all 2263
other terms and conditions ordered by the court, the court shall 2264
dismiss the proceedings against the offender. Successful 2265
completion of the intervention plan and period of abstinence under 2266
this section shall be without adjudication of guilt and is not a 2267
criminal conviction for purposes of any disqualification or 2268
disability imposed by law and upon conviction of a crime, and the 2269
court may order the sealing of records related to the offense in 2270
question in the manner provided in sections 2953.31 to 2953.36 of 2271
the Revised Code.2272

       (F) If the court grants an offender's request for 2273
intervention in lieu of conviction and the offender fails to 2274
comply with any term or condition imposed as part of the 2275
intervention plan for the offender, the supervising authority for 2276
the offender promptly shall advise the court of this failure, and 2277
the court shall hold a hearing to determine whether the offender 2278
failed to comply with any term or condition imposed as part of the 2279
plan. If the court determines that the offender has failed to 2280
comply with any of those terms and conditions, it shall enter a 2281
finding of guilty and shall impose an appropriate sanction under 2282
Chapter 2929. of the Revised Code. If the court sentences the 2283
offender to a prison term, the court, after consulting with the 2284
department of rehabilitation and correction regarding the 2285
availability of services, may order continued court-supervised 2286
activity and treatment of the offender during the prison term and, 2287
upon consideration of reports received from the department 2288
concerning the offender's progress in the program of activity and 2289
treatment, may consider judicial release under section 2929.20 of 2290
the Revised Code.2291

       (G) As used in this section:2292

       (1) "Community control sanction" has the same meaning as in 2293
section 2929.01 of the Revised Code.2294

       (2) "Intervention in lieu of conviction" means any 2295
court-supervised activity that complies with this section.2296

       (3) "Peace officer" has the same meaning as in section 2297
2935.01 of the Revised Code.2298

       (4) "Mental illness" and "psychiatrist" have the same 2299
meanings as in section 5122.01 of the Revised Code.2300

       (5) "Person with intellectual disability" means a person 2301
having significantly subaverage general intellectual functioning 2302
existing concurrently with deficiencies in adaptive behavior, 2303
manifested during the developmental period.2304

       (6) "Psychologist" has the same meaning as in section 4732.01 2305
of the Revised Code.2306

       (H) Whenever the term "mentally retarded person" is used in 2307
any statute, rule, contract, grant, or other document, the 2308
reference shall be deemed to include a "person with intellectual 2309
disability," as defined in this section.2310

       Sec. 3107.014.  (A) Except as provided in division (B) of 2311
this section, only an individual who meets all of the following 2312
requirements may perform the duties of an assessor under sections 2313
3107.031, 3107.032, 3107.082, 3107.09, 3107.101, 3107.12, 2314
5103.0324, and 5103.152 of the Revised Code:2315

       (1) The individual must be in the employ of, appointed by, or 2316
under contract with a court, public children services agency, 2317
private child placing agency, or private noncustodial agency;2318

       (2) The individual must be one of the following:2319

       (a) A licensed professional clinical counselor, licensed 2320
professional counselor, independent social worker, social worker, 2321
independent marriage and family therapist, or marriage and family 2322
therapist licensed under Chapter 4757. of the Revised Code;2323

       (b) A psychologist licensed under Chapter 4732. of the 2324
Revised Code;2325

       (c) A student working to earn a four-year, post-secondary 2326
degree, or higher, in a social or behavior science, or both, who 2327
conducts assessor's duties under the supervision of a licensed2328
professional clinical counselor, licensed professional counselor, 2329
independent social worker, social worker, independent marriage and 2330
family therapist, or marriage and family therapist licensed under 2331
Chapter 4757. of the Revised Code or a psychologist licensed under 2332
Chapter 4732. of the Revised Code. Beginning July 1, 2009, a 2333
student is eligible under this division only if the supervising 2334
licensed professional clinical counselor, licensed professional 2335
counselor, independent social worker, social worker, independent 2336
marriage and family therapist, marriage and family therapist, or 2337
psychologist has completed training in accordance with rules 2338
adopted under section 3107.015 of the Revised Code.2339

       (d) A civil service employee engaging in social work without 2340
a license under Chapter 4757. of the Revised Code, as permitted by 2341
division (A)(5) of section 4757.41 of the Revised Code;2342

       (e) A former employee of a public children services agency 2343
who, while so employed, conducted the duties of an assessor;2344

        (f) An employee of a court or public children services agency 2345
who is employed to conduct the duties of an assessor.2346

       (3) The individual must complete training in accordance with 2347
rules adopted under section 3107.015 of the Revised Code.2348

       (B) An individual in the employ of, appointed by, or under 2349
contract with a court prior to September 18, 1996, to conduct 2350
adoption investigations of prospective adoptive parents may 2351
perform the duties of an assessor under sections 3107.031, 2352
3107.032, 3107.082, 3107.09, 3107.101, 3107.12, 5103.0324, and 2353
5103.152 of the Revised Code if the individual complies with 2354
division (A)(3) of this section regardless of whether the 2355
individual meets the requirement of division (A)(2) of this 2356
section.2357

       (C) A court, public children services agency, private child 2358
placing agency, or private noncustodial agency may employ, 2359
appoint, or contract with an assessor in the county in which a 2360
petition for adoption is filed and in any other county or location 2361
outside this state where information needed to complete or 2362
supplement the assessor's duties may be obtained. More than one 2363
assessor may be utilized for an adoption.2364

       (D) Not later than January 1, 2008, the department of job and 2365
family services shall develop and maintain an assessor registry. 2366
The registry shall list all individuals who are employed, 2367
appointed by, or under contract with a court, public children 2368
services agency, private child placing agency, or private 2369
noncustodial agency and meet the requirements of an assessor as 2370
described in this section. A public children services agency, 2371
private child placing agency, private noncustodial agency, court, 2372
or any other person may contact the department to determine if an 2373
individual is listed in the assessor registry. An individual 2374
listed in the assessor registry shall immediately inform the 2375
department when that individual is no longer employed, appointed 2376
by, or under contract with a court, public children services 2377
agency, private child placing agency, or private noncustodial 2378
agency to perform the duties of an assessor as described in this 2379
section. The director of job and family services shall adopt rules 2380
in accordance with Chapter 119. of the Revised Code necessary for 2381
the implementation, contents, and maintenance of the registry, and 2382
any sanctions related to the provision of information, or the 2383
failure to provide information, that is needed for the proper 2384
operation of the assessor registry.2385

       Sec. 3701.046. The director of health is authorized to make 2386
grants for women's health services from funds appropriated for 2387
that purpose by the general assembly.2388

       None of the funds received through grants for women's health 2389
services shall be used to provide abortion services. None of the 2390
funds received through these grants shall be used for counseling 2391
for or referrals for abortion, except in the case of a medical 2392
emergency. These funds shall be distributed by the director to 2393
programs that the department of health determines will provide 2394
services that are physically and financially separate from 2395
abortion-providing and abortion-promoting activities, and that do 2396
not include counseling for or referrals for abortion, other than 2397
in the case of medical emergency.2398

       These women's health services include and are limited to the 2399
following: pelvic examinations and laboratory testing; breast 2400
examinations and patient education on breast cancer; screening for 2401
cervical cancer; screening and treatment for sexually transmitted 2402
diseases and HIV screening; voluntary choice of contraception, 2403
including abstinence and natural family planning; patient 2404
education and pre-pregnancy counseling on the dangers of smoking, 2405
alcohol, and drug use during pregnancy; education on sexual 2406
coercion and violence in relationships; and prenatal care or 2407
referral for prenatal care. These health care services shall be 2408
provided in a medical clinic setting by persons authorized under 2409
Chapter. 4731. of the Revised Code to practice medicine and 2410
surgery or osteopathic medicine and surgery; authorized under 2411
Chapter 4730. of the Revised Code to practice as a physician 2412
assistant; licensed under Chapter 4723. of the Revised Code as a 2413
registered nurse or licensed practical nurse; or licensed under 2414
Chapter 4757. of the Revised Code as a social worker, independent 2415
social worker, licensed professional clinical counselor, or 2416
licensed professional counselor.2417

       The director shall adopt rules under Chapter 119. of the 2418
Revised Code specifying reasonable eligibility standards that must 2419
be met to receive the state funding and provide reasonable methods 2420
by which a grantee wishing to be eligible for federal funding may 2421
comply with these requirements for state funding without losing 2422
its eligibility for federal funding.2423

       Each applicant for these funds shall provide sufficient 2424
assurance to the director of all of the following:2425

        (A) The program shall not discriminate in the provision of 2426
services based on an individual's religion, race, national origin, 2427
handicapping condition, age, sex, number of pregnancies, or 2428
marital status;2429

        (B) The program shall provide services without subjecting 2430
individuals to any coercion to accept services or to employ any 2431
particular methods of family planning;2432

       (C) Acceptance of services shall be solely on a voluntary 2433
basis and may not be made a prerequisite to eligibility for, or 2434
receipt of, any other service, assistance from, or participation 2435
in, any other program of the service provider;2436

        (D) Any charges for services provided by the program shall be 2437
based on the patient's ability to pay and priority in the 2438
provision of services shall be given to persons from low-income 2439
families.2440

       In distributing these grant funds, the director shall give 2441
priority to grant requests from local departments of health for 2442
women's health services to be provided directly by personnel of 2443
the local department of health. The director shall issue a single 2444
request for proposals for all grants for women's health services. 2445
The director shall send a notification of this request for 2446
proposals to every local department of health in this state and 2447
shall place a notification on the department's web site. The 2448
director shall allow at least thirty days after issuing this 2449
notification before closing the period to receive applications.2450

       After the closing date for receiving grant applications, the 2451
director shall first consider grant applications from local 2452
departments of health that apply for grants for women's health 2453
services to be provided directly by personnel of the local 2454
department of health. Local departments of health that apply for 2455
grants for women's health services to be provided directly by 2456
personnel of the local department of health need not provide all 2457
the listed women's health services in order to qualify for a 2458
grant. However, in prioritizing awards among local departments of 2459
health that qualify for funding under this paragraph, the director 2460
may consider, among other reasonable factors, the 2461
comprehensiveness of the women's health services to be offered, 2462
provided that no local department of health shall be discriminated 2463
against in the process of awarding these grant funds because the 2464
applicant does not provide contraception.2465

       If funds remain after awarding grants to all local 2466
departments of health that qualify for the priority, the director 2467
may make grants to other applicants. Awards to other applicants 2468
may be made to those applicants that will offer all eight of the 2469
listed women's health services or that will offer all of the 2470
services except contraception. No applicant shall be discriminated 2471
against in the process of awarding these grant funds because the 2472
applicant does not provide contraception.2473

       Sec. 3701.74.  (A) As used in this section and section 2474
3701.741 of the Revised Code:2475

       (1) "Ambulatory care facility" means a facility that provides 2476
medical, diagnostic, or surgical treatment to patients who do not 2477
require hospitalization, including a dialysis center, ambulatory 2478
surgical facility, cardiac catheterization facility, diagnostic 2479
imaging center, extracorporeal shock wave lithotripsy center, home 2480
health agency, inpatient hospice, birthing center, radiation 2481
therapy center, emergency facility, and an urgent care center. 2482
"Ambulatory care facility" does not include the private office of 2483
a physician or dentist, whether the office is for an individual or 2484
group practice.2485

       (2) "Chiropractor" means an individual licensed under Chapter 2486
4734. of the Revised Code to practice chiropractic.2487

       (3) "Emergency facility" means a hospital emergency 2488
department or any other facility that provides emergency medical 2489
services.2490

       (4) "Health care practitioner" means all of the following:2491

       (a) A dentist or dental hygienist licensed under Chapter 2492
4715. of the Revised Code;2493

       (b) A registered or licensed practical nurse licensed under 2494
Chapter 4723. of the Revised Code;2495

       (c) An optometrist licensed under Chapter 4725. of the 2496
Revised Code;2497

       (d) A dispensing optician, spectacle dispensing optician, 2498
contact lens dispensing optician, or spectacle-contact lens 2499
dispensing optician licensed under Chapter 4725. of the Revised 2500
Code;2501

       (e) A pharmacist licensed under Chapter 4729. of the Revised 2502
Code;2503

       (f) A physician;2504

       (g) A physician assistant authorized under Chapter 4730. of 2505
the Revised Code to practice as a physician assistant;2506

       (h) A practitioner of a limited branch of medicine issued a 2507
certificate under Chapter 4731. of the Revised Code;2508

       (i) A psychologist licensed under Chapter 4732. of the 2509
Revised Code;2510

       (j) A chiropractor;2511

       (k) A hearing aid dealer or fitter licensed under Chapter 2512
4747. of the Revised Code;2513

       (l) A speech-language pathologist or audiologist licensed 2514
under Chapter 4753. of the Revised Code;2515

       (m) An occupational therapist or occupational therapy 2516
assistant licensed under Chapter 4755. of the Revised Code;2517

       (n) A physical therapist or physical therapy assistant 2518
licensed under Chapter 4755. of the Revised Code;2519

       (o) A licensed professional clinical counselor, licensed2520
professional counselor, social worker, or independent social 2521
worker, independent marriage and family therapist, or marriage and 2522
family therapist licensed, or a social work assistant registered, 2523
under Chapter 4757. of the Revised Code;2524

       (p) A dietitian licensed under Chapter 4759. of the Revised 2525
Code;2526

       (q) A respiratory care professional licensed under Chapter 2527
4761. of the Revised Code;2528

       (r) An emergency medical technician-basic, emergency medical 2529
technician-intermediate, or emergency medical technician-paramedic 2530
certified under Chapter 4765. of the Revised Code.2531

       (5) "Health care provider" means a hospital, ambulatory care 2532
facility, long-term care facility, pharmacy, emergency facility, 2533
or health care practitioner.2534

       (6) "Hospital" has the same meaning as in section 3727.01 of 2535
the Revised Code.2536

       (7) "Long-term care facility" means a nursing home, 2537
residential care facility, or home for the aging, as those terms 2538
are defined in section 3721.01 of the Revised Code; a residential 2539
facility licensed under section 5119.34 of the Revised Code that 2540
provides accommodations, supervision, and personal care services 2541
for three to sixteen unrelated adults; a nursing facility, as 2542
defined in section 5165.01 of the Revised Code; a skilled nursing 2543
facility, as defined in section 5165.01 of the Revised Code; and 2544
an intermediate care facility for individuals with intellectual 2545
disabilities, as defined in section 5124.01 of the Revised Code.2546

       (8) "Medical record" means data in any form that pertains to 2547
a patient's medical history, diagnosis, prognosis, or medical 2548
condition and that is generated and maintained by a health care 2549
provider in the process of the patient's health care treatment.2550

       (9) "Medical records company" means a person who stores, 2551
locates, or copies medical records for a health care provider, or 2552
is compensated for doing so by a health care provider, and charges 2553
a fee for providing medical records to a patient or patient's 2554
representative.2555

       (10) "Patient" means either of the following:2556

       (a) An individual who received health care treatment from a 2557
health care provider;2558

       (b) A guardian, as defined in section 1337.11 of the Revised 2559
Code, of an individual described in division (A)(10)(a) of this 2560
section.2561

       (11) "Patient's personal representative" means a minor 2562
patient's parent or other person acting in loco parentis, a 2563
court-appointed guardian, or a person with durable power of 2564
attorney for health care for a patient, the executor or 2565
administrator of the patient's estate, or the person responsible 2566
for the patient's estate if it is not to be probated. "Patient's 2567
personal representative" does not include an insurer authorized 2568
under Title XXXIX of the Revised Code to do the business of 2569
sickness and accident insurance in this state, a health insuring 2570
corporation holding a certificate of authority under Chapter 1751. 2571
of the Revised Code, or any other person not named in this 2572
division.2573

       (12) "Pharmacy" has the same meaning as in section 4729.01 of 2574
the Revised Code.2575

       (13) "Physician" means a person authorized under Chapter 2576
4731. of the Revised Code to practice medicine and surgery, 2577
osteopathic medicine and surgery, or podiatric medicine and 2578
surgery.2579

       (14) "Authorized person" means a person to whom a patient has 2580
given written authorization to act on the patient's behalf 2581
regarding the patient's medical record.2582

       (B) A patient, a patient's personal representative, or an 2583
authorized person who wishes to examine or obtain a copy of part 2584
or all of a medical record shall submit to the health care 2585
provider a written request signed by the patient, personal 2586
representative, or authorized person dated not more than one year 2587
before the date on which it is submitted. The request shall 2588
indicate whether the copy is to be sent to the requestor, 2589
physician or chiropractor, or held for the requestor at the office 2590
of the health care provider. Within a reasonable time after 2591
receiving a request that meets the requirements of this division 2592
and includes sufficient information to identify the record 2593
requested, a health care provider that has the patient's medical 2594
records shall permit the patient to examine the record during 2595
regular business hours without charge or, on request, shall 2596
provide a copy of the record in accordance with section 3701.741 2597
of the Revised Code, except that if a physician, psychologist, 2598
licensed professional clinical counselor, licensed professional 2599
counselor, independent social worker, social worker, independent 2600
marriage and family therapist, marriage and family therapist, or 2601
chiropractor who has treated the patient determines for clearly 2602
stated treatment reasons that disclosure of the requested record 2603
is likely to have an adverse effect on the patient, the health 2604
care provider shall provide the record to a physician, 2605
psychologist, licensed professional clinical counselor, licensed 2606
professional counselor, independent social worker, social worker, 2607
independent marriage and family therapist, marriage and family 2608
therapist, or chiropractor designated by the patient. The health 2609
care provider shall take reasonable steps to establish the 2610
identity of the person making the request to examine or obtain a 2611
copy of the patient's record.2612

       (C) If a health care provider fails to furnish a medical 2613
record as required by division (B) of this section, the patient, 2614
personal representative, or authorized person who requested the 2615
record may bring a civil action to enforce the patient's right of 2616
access to the record.2617

       (D)(1) This section does not apply to medical records whose 2618
release is covered by section 173.20 or 3721.13 of the Revised 2619
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R. 2620
part 2, "Confidentiality of Alcohol and Drug Abuse Patient 2621
Records," or by 42 C.F.R. 483.10.2622

       (2) Nothing in this section is intended to supersede the 2623
confidentiality provisions of sections 2305.24, 2305.25, 2305.251, 2624
and 2305.252 of the Revised Code.2625

       Sec. 3709.161.  (A) The board of health of a city or general 2626
health district may procure a policy or policies of insurance 2627
insuring the members of the board, the health commissioner, and 2628
the employees of the board against liability on account of damage 2629
or injury to persons and property resulting from any act or 2630
omission that occurs in the individual's official capacity as a 2631
member or employee of the board or resulting solely out of such 2632
membership or employment.2633

       (B)(1) As used in this division, "health care professional" 2634
means all of the following:2635

       (a) A dentist or dental hygienist licensed under Chapter 2636
4715. of the Revised Code;2637

       (b) A registered nurse or licensed practical nurse licensed 2638
under Chapter 4723. of the Revised Code;2639

       (c) A person licensed under Chapter 4729. of the Revised Code 2640
to practice as a pharmacist;2641

       (d) A person authorized under Chapter 4730. of the Revised 2642
Code to practice as a physician assistant;2643

       (e) A person authorized under Chapter 4731. of the Revised 2644
Code to practice medicine and surgery, osteopathic medicine and 2645
surgery, or podiatry;2646

       (f) A psychologist licensed under Chapter 4732. of the 2647
Revised Code;2648

       (g) A veterinarian licensed under Chapter 4741. of the 2649
Revised Code;2650

       (h) A speech-language pathologist or audiologist licensed 2651
under Chapter 4753. of the Revised Code;2652

       (i) An occupational therapist, physical therapist, physical 2653
therapist assistant, or athletic trainer licensed under Chapter 2654
4755. of the Revised Code;2655

       (j) A licensed professional clinical counselor, licensed2656
professional counselor, independent social worker, or social 2657
worker licensed under Chapter 4757. of the Revised Code;2658

       (k) A dieticiandietitian licensed under Chapter 4759. of the 2659
Revised Code.2660

       (2) The board of health of a city or general health district 2661
may purchase liability insurance for a health care professional 2662
with whom the board contracts for the provision of health care 2663
services against liability on account of damage or injury to 2664
persons and property arising from the health care professional's 2665
performance of services under the contract. The policy shall be 2666
purchased from an insurance company licensed to do business in 2667
this state, if such a policy is available from such a company. The 2668
board of health of a city or general health district shall report 2669
the cost of the liability insurance policy and subsequent 2670
increases in the cost to the director of health on a form 2671
prescribed by the director.2672

       Sec. 3721.21.  As used in sections 3721.21 to 3721.34 of the 2673
Revised Code:2674

       (A) "Long-term care facility" means either of the following:2675

       (1) A nursing home as defined in section 3721.01 of the 2676
Revised Code;2677

       (2) A facility or part of a facility that is certified as a 2678
skilled nursing facility or a nursing facility under Title XVIII 2679
or XIX of the "Social Security Act."2680

       (B) "Residential care facility" has the same meaning as in 2681
section 3721.01 of the Revised Code.2682

       (C) "Abuse" means knowingly causing physical harm or 2683
recklessly causing serious physical harm to a resident by physical 2684
contact with the resident or by use of physical or chemical 2685
restraint, medication, or isolation as punishment, for staff 2686
convenience, excessively, as a substitute for treatment, or in 2687
amounts that preclude habilitation and treatment.2688

       (D) "Neglect" means recklessly failing to provide a resident 2689
with any treatment, care, goods, or service necessary to maintain 2690
the health or safety of the resident when the failure results in 2691
serious physical harm to the resident. "Neglect" does not include 2692
allowing a resident, at the resident's option, to receive only 2693
treatment by spiritual means through prayer in accordance with the 2694
tenets of a recognized religious denomination.2695

       (E) "Misappropriation" means depriving, defrauding, or 2696
otherwise obtaining the real or personal property of a resident by 2697
any means prohibited by the Revised Code, including violations of 2698
Chapter 2911. or 2913. of the Revised Code.2699

       (F) "Resident" includes a resident, patient, former resident 2700
or patient, or deceased resident or patient of a long-term care 2701
facility or a residential care facility.2702

       (G) "Physical restraint" has the same meaning as in section 2703
3721.10 of the Revised Code.2704

       (H) "Chemical restraint" has the same meaning as in section 2705
3721.10 of the Revised Code.2706

       (I) "Nursing and nursing-related services" means the personal 2707
care services and other services not constituting skilled nursing 2708
care that are specified in rules the director of health shall 2709
adopt in accordance with Chapter 119. of the Revised Code.2710

       (J) "Personal care services" has the same meaning as in 2711
section 3721.01 of the Revised Code.2712

       (K)(1) Except as provided in division (K)(2) of this section, 2713
"nurse aide" means an individual who provides nursing and 2714
nursing-related services to residents in a long-term care 2715
facility, either as a member of the staff of the facility for 2716
monetary compensation or as a volunteer without monetary 2717
compensation.2718

       (2) "Nurse aide" does not include either of the following:2719

        (a) A licensed health professional practicing within the 2720
scope of the professional's license;2721

        (b) An individual providing nursing and nursing-related 2722
services in a religious nonmedical health care institution, if the 2723
individual has been trained in the principles of nonmedical care 2724
and is recognized by the institution as being competent in the 2725
administration of care within the religious tenets practiced by 2726
the residents of the institution.2727

       (L) "Licensed health professional" means all of the 2728
following:2729

       (1) An occupational therapist or occupational therapy 2730
assistant licensed under Chapter 4755. of the Revised Code;2731

       (2) A physical therapist or physical therapy assistant 2732
licensed under Chapter 4755. of the Revised Code;2733

       (3) A physician authorized under Chapter 4731. of the Revised 2734
Code to practice medicine and surgery, osteopathic medicine and 2735
surgery, or podiatry;2736

       (4) A physician assistant authorized under Chapter 4730. of 2737
the Revised Code to practice as a physician assistant;2738

       (5) A registered nurse or licensed practical nurse licensed 2739
under Chapter 4723. of the Revised Code;2740

       (6) A social worker or independent social worker licensed 2741
under Chapter 4757. of the Revised Code or a social work assistant 2742
registered under that chapter;2743

       (7) A speech-language pathologist or audiologist licensed 2744
under Chapter 4753. of the Revised Code;2745

       (8) A dentist or dental hygienist licensed under Chapter 2746
4715. of the Revised Code;2747

       (9) An optometrist licensed under Chapter 4725. of the 2748
Revised Code;2749

       (10) A pharmacist licensed under Chapter 4729. of the Revised 2750
Code;2751

       (11) A psychologist licensed under Chapter 4732. of the 2752
Revised Code;2753

       (12) A chiropractor licensed under Chapter 4734. of the 2754
Revised Code;2755

       (13) A nursing home administrator licensed or temporarily 2756
licensed under Chapter 4751. of the Revised Code;2757

       (14) A licensed professional counselor or licensed2758
professional clinical counselor licensed under Chapter 4757. of 2759
the Revised Code;2760

       (15) A marriage and family therapist or independent marriage 2761
and family therapist licensed under Chapter 4757. of the Revised 2762
Code.2763

       (M) "Religious nonmedical health care institution" means an 2764
institution that meets or exceeds the conditions to receive 2765
payment under the medicare program established under Title XVIII 2766
of the "Social Security Act" for inpatient hospital services or 2767
post-hospital extended care services furnished to an individual in 2768
a religious nonmedical health care institution, as defined in 2769
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286 2770
(1965), 42 U.S.C. 1395x(ss)(1), as amended.2771

       (N) "Competency evaluation program" means a program through 2772
which the competency of a nurse aide to provide nursing and 2773
nursing-related services is evaluated.2774

       (O) "Training and competency evaluation program" means a 2775
program of nurse aide training and evaluation of competency to 2776
provide nursing and nursing-related services.2777

       Sec. 3923.28.  (A) Every policy of group sickness and 2778
accident insurance providing hospital, surgical, or medical 2779
expense coverage for other than specific diseases or accidents 2780
only, and delivered, issued for delivery, or renewed in this state 2781
on or after January 1, 1979, and that provides coverage for mental 2782
or emotional disorders, shall provide benefits for services on an 2783
outpatient basis for each eligible person under the policy who 2784
resides in this state for mental or emotional disorders, or for 2785
evaluations, that are at least equal to five hundred fifty dollars 2786
in any calendar year or twelve-month period. The services shall be 2787
legally performed by or under the clinical supervision of a 2788
physician authorized under Chapter 4731. of the Revised Code to 2789
practice medicine and surgery or osteopathic medicine and surgery; 2790
a psychologist licensed under Chapter 4732. of the Revised Code; a 2791
licensed professional clinical counselor, licensed professional 2792
counselor, or independent social worker licensed under Chapter 2793
4757. of the Revised Code; or a clinical nurse specialist licensed 2794
under Chapter 4723. of the Revised Code whose nursing specialty is 2795
mental health, whether performed in an office, in a hospital, or 2796
in a community mental health facility so long as the hospital or 2797
community mental health facility is approved by the joint 2798
commission on accreditation of healthcare organizations, the 2799
council on accreditation for children and family services, or the 2800
rehabilitation accreditation commission.2801

       (B) Outpatient benefits offered under division (A) of this 2802
section shall be subject to reasonable contract limitations and 2803
may be subject to reasonable deductibles and co-insurance costs. 2804
Persons entitled to such benefit under more than one service or 2805
insurance contract may be limited to a single 2806
five-hundred-fifty-dollar outpatient benefit for services under 2807
all contracts.2808

       (C) In order to qualify for participation under division (A) 2809
of this section, every facility specified in such division shall 2810
have in effect a plan for utilization review and a plan for peer 2811
review and every person specified in such division shall have in 2812
effect a plan for peer review. Such plans shall have the purpose 2813
of ensuring high quality patient care and effective and efficient 2814
utilization of available health facilities and services.2815

       (D) Nothing in this section shall be construed to require an 2816
insurer to pay benefits which are greater than usual, customary, 2817
and reasonable.2818

       (E)(1) Services performed under the clinical supervision of a 2819
health care professional identified in division (A) of this 2820
section, in order to be reimbursable under the coverage required 2821
in division (A) of this section, shall meet both of the following 2822
requirements:2823

       (a) The services shall be performed in accordance with a 2824
treatment plan that describes the expected duration, frequency, 2825
and type of services to be performed;2826

       (b) The plan shall be reviewed and approved by the health 2827
care professional every three months.2828

       (2) Payment of benefits for services reimbursable under 2829
division (E)(1) of this section shall not be restricted to 2830
services described in the treatment plan or conditioned upon 2831
standards of clinical supervision that are more restrictive than 2832
standards of a health care professional described in division (A) 2833
of this section, which at least equal the requirements of division 2834
(E)(1) of this section.2835

       (F) The benefits provided by this section for mental and 2836
emotional disorders shall not be reduced by the cost of benefits 2837
provided pursuant to section 3923.281 of the Revised Code for 2838
diagnostic and treatment services for biologically based mental 2839
illnesses. This section does not apply to benefits for diagnostic 2840
and treatment services for biologically based mental illnesses.2841

       Sec. 3923.281.  (A) As used in this section:2842

       (1) "Biologically based mental illness" means schizophrenia, 2843
schizoaffective disorder, major depressive disorder, bipolar 2844
disorder, paranoia and other psychotic disorders, 2845
obsessive-compulsive disorder, and panic disorder, as these terms 2846
are defined in the most recent edition of the diagnostic and 2847
statistical manual of mental disorders published by the American 2848
psychiatric association.2849

       (2) "Policy of sickness and accident insurance" has the same 2850
meaning as in section 3923.01 of the Revised Code, but excludes 2851
any hospital indemnity, medicare supplement, long-term care, 2852
disability income, one-time-limited-duration policy of not longer 2853
than six months, supplemental benefit, or other policy that 2854
provides coverage for specific diseases or accidents only; any 2855
policy that provides coverage for workers' compensation claims 2856
compensable pursuant to Chapters 4121. and 4123. of the Revised 2857
Code; and any policy that provides coverage to medicaid 2858
recipients.2859

       (B) Notwithstanding section 3901.71 of the Revised Code, and 2860
subject to division (E) of this section, every policy of sickness 2861
and accident insurance shall provide benefits for the diagnosis 2862
and treatment of biologically based mental illnesses on the same 2863
terms and conditions as, and shall provide benefits no less 2864
extensive than, those provided under the policy of sickness and 2865
accident insurance for the treatment and diagnosis of all other 2866
physical diseases and disorders, if both of the following apply:2867

       (1) The biologically based mental illness is clinically 2868
diagnosed by a physician authorized under Chapter 4731. of the 2869
Revised Code to practice medicine and surgery or osteopathic 2870
medicine and surgery; a psychologist licensed under Chapter 4732. 2871
of the Revised Code; a licensed professional clinical counselor, 2872
licensed professional counselor, or independent social worker 2873
licensed under Chapter 4757. of the Revised Code; or a clinical 2874
nurse specialist licensed under Chapter 4723. of the Revised Code 2875
whose nursing specialty is mental health.2876

       (2) The prescribed treatment is not experimental or 2877
investigational, having proven its clinical effectiveness in 2878
accordance with generally accepted medical standards.2879

       (C) Division (B) of this section applies to all coverages and 2880
terms and conditions of the policy of sickness and accident 2881
insurance, including, but not limited to, coverage of inpatient 2882
hospital services, outpatient services, and medication; maximum 2883
lifetime benefits; copayments; and individual and family 2884
deductibles.2885

       (D) Nothing in this section shall be construed as prohibiting 2886
a sickness and accident insurance company from taking any of the 2887
following actions:2888

       (1) Negotiating separately with mental health care providers 2889
with regard to reimbursement rates and the delivery of health care 2890
services;2891

       (2) Offering policies that provide benefits solely for the 2892
diagnosis and treatment of biologically based mental illnesses;2893

       (3) Managing the provision of benefits for the diagnosis or 2894
treatment of biologically based mental illnesses through the use 2895
of pre-admission screening, by requiring beneficiaries to obtain 2896
authorization prior to treatment, or through the use of any other 2897
mechanism designed to limit coverage to that treatment determined 2898
to be necessary;2899

       (4) Enforcing the terms and conditions of a policy of 2900
sickness and accident insurance.2901

       (E) An insurer that offers any policy of sickness and 2902
accident insurance is not required to provide benefits for the 2903
diagnosis and treatment of biologically based mental illnesses 2904
pursuant to division (B) of this section if all of the following 2905
apply:2906

       (1) The insurer submits documentation certified by an 2907
independent member of the American academy of actuaries to the 2908
superintendent of insurance showing that incurred claims for 2909
diagnostic and treatment services for biologically based mental 2910
illnesses for a period of at least six months independently caused 2911
the insurer's costs for claims and administrative expenses for the 2912
coverage of all other physical diseases and disorders to increase 2913
by more than one per cent per year. 2914

       (2) The insurer submits a signed letter from an independent 2915
member of the American academy of actuaries to the superintendent 2916
of insurance opining that the increase described in division 2917
(E)(1) of this section could reasonably justify an increase of 2918
more than one per cent in the annual premiums or rates charged by 2919
the insurer for the coverage of all other physical diseases and 2920
disorders.2921

       (3) The superintendent of insurance makes the following 2922
determinations from the documentation and opinion submitted 2923
pursuant to divisions (E)(1) and (2) of this section:2924

       (a) Incurred claims for diagnostic and treatment services for 2925
biologically based mental illnesses for a period of at least six 2926
months independently caused the insurer's costs for claims and 2927
administrative expenses for the coverage of all other physical 2928
diseases and disorders to increase by more than one per cent per 2929
year.2930

       (b) The increase in costs reasonably justifies an increase of 2931
more than one per cent in the annual premiums or rates charged by 2932
the insurer for the coverage of all other physical diseases and 2933
disorders.2934

       Any determination made by the superintendent under this 2935
division is subject to Chapter 119. of the Revised Code.2936

       Sec. 3923.282. (A) As used in this section:2937

       (1) "Biologically based mental illness" means schizophrenia, 2938
schizoaffective disorder, major depressive disorder, bipolar 2939
disorder, paranoia and other psychotic disorders, 2940
obsessive-compulsive disorder, and panic disorder, as these terms 2941
are defined in the most recent edition of the diagnostic and 2942
statistical manual of mental disorders published by the American 2943
psychiatric association.2944

       (2) "Plan of health coverage" includes any private or public 2945
employer group self-insurance plan that provides payment for 2946
health care benefits for other than specific diseases or accidents 2947
only, which benefits are not provided by contract with a sickness 2948
and accident insurer or health insuring corporation.2949

       (B) Notwithstanding section 3901.71 of the Revised Code, and 2950
subject to division (F) of this section, each plan of health 2951
coverage shall provide benefits for the diagnosis and treatment of 2952
biologically based mental illnesses on the same terms and 2953
conditions as, and shall provide benefits no less extensive than, 2954
those provided under the plan of health coverage for the treatment 2955
and diagnosis of all other physical diseases and disorders, if 2956
both of the following apply:2957

       (1) The biologically based mental illness is clinically 2958
diagnosed by a physician authorized under Chapter 4731. of the 2959
Revised Code to practice medicine and surgery or osteopathic 2960
medicine and surgery; a psychologist licensed under Chapter 4732. 2961
of the Revised Code; a licensed professional clinical counselor, 2962
licensed professional counselor, or independent social worker 2963
licensed under Chapter 4757. of the Revised Code; or a clinical 2964
nurse specialist licensed under Chapter 4723. of the Revised Code 2965
whose nursing specialty is mental health.2966

       (2) The prescribed treatment is not experimental or 2967
investigational, having proven its clinical effectiveness in 2968
accordance with generally accepted medical standards.2969

       (C) Division (B) of this section applies to all coverages and 2970
terms and conditions of the plan of health coverage, including, 2971
but not limited to, coverage of inpatient hospital services, 2972
outpatient services, and medication; maximum lifetime benefits; 2973
copayments; and individual and family deductibles.2974

       (D) This section does not apply to a plan of health coverage 2975
if federal law supersedes, preempts, prohibits, or otherwise 2976
precludes its application to such plans. This section does not 2977
apply to long-term care, hospital indemnity, disability income, or 2978
medicare supplement plans of health coverage, or to any other 2979
supplemental benefit plans of health coverage.2980

       (E) Nothing in this section shall be construed as prohibiting 2981
an employer from taking any of the following actions in connection 2982
with a plan of health coverage:2983

       (1) Negotiating separately with mental health care providers 2984
with regard to reimbursement rates and the delivery of health care 2985
services;2986

       (2) Managing the provision of benefits for the diagnosis or 2987
treatment of biologically based mental illnesses through the use 2988
of pre-admission screening, by requiring beneficiaries to obtain 2989
authorization prior to treatment, or through the use of any other 2990
mechanism designed to limit coverage to that treatment determined 2991
to be necessary;2992

       (3) Enforcing the terms and conditions of a plan of health 2993
coverage.2994

       (F) An employer that offers a plan of health coverage is not 2995
required to provide benefits for the diagnosis and treatment of 2996
biologically based mental illnesses in combination with benefits 2997
for the treatment and diagnosis of all other physical diseases and 2998
disorders as described in division (B) of this section if both of 2999
the following apply:3000

       (1) The employer submits documentation certified by an 3001
independent member of the American academy of actuaries to the 3002
superintendent of insurance showing that incurred claims for 3003
diagnostic and treatment services for biologically based mental 3004
illnesses for a period of at least six months independently caused 3005
the employer's costs for claims and administrative expenses for 3006
the coverage of all other physical diseases and disorders to 3007
increase by more than one per cent per year. 3008

       (2) The superintendent of insurance determines from the 3009
documentation and opinion submitted pursuant to division (F) of 3010
this section, that incurred claims for diagnostic and treatment 3011
services for biologically based mental illnesses for a period of 3012
at least six months independently caused the employer's costs for 3013
claims and administrative expenses for the coverage of all other 3014
physical diseases and disorders to increase by more than one per 3015
cent per year.3016

       Any determination made by the superintendent under this 3017
division is subject to Chapter 119. of the Revised Code.3018

       Sec. 3923.30.  Every person, the state and any of its 3019
instrumentalities, any county, township, school district, or other 3020
political subdivisions and any of its instrumentalities, and any 3021
municipal corporation and any of its instrumentalities, which 3022
provides payment for health care benefits for any of its employees 3023
resident in this state, which benefits are not provided by 3024
contract with an insurer qualified to provide sickness and 3025
accident insurance, or a health insuring corporation, shall 3026
include the following benefits in its plan of health care benefits 3027
commencing on or after January 1, 1979:3028

       (A) If such plan of health care benefits provides payment for 3029
the treatment of mental or nervous disorders, then such plan shall 3030
provide benefits for services on an outpatient basis for each 3031
eligible employee and dependent for mental or emotional disorders, 3032
or for evaluations, that are at least equal to the following:3033

       (1) Payments not less than five hundred fifty dollars in a 3034
twelve-month period, for services legally performed by or under 3035
the clinical supervision of a physician authorized under Chapter 3036
4731. of the Revised Code to practice medicine and surgery or 3037
osteopathic medicine and surgery; a psychologist licensed under 3038
Chapter 4732. of the Revised Code; a licensed professional 3039
clinical counselor, licensed professional counselor, or 3040
independent social worker licensed under Chapter 4757. of the 3041
Revised Code; or a clinical nurse specialist licensed under 3042
Chapter 4723. of the Revised Code whose nursing specialty is 3043
mental health, whether performed in an office, in a hospital, or 3044
in a community mental health facility so long as the hospital or 3045
community mental health facility is approved by the joint 3046
commission on accreditation of healthcare organizations, the 3047
council on accreditation for children and family services, or the 3048
rehabilitation accreditation commission;3049

       (2) Such benefit shall be subject to reasonable limitations, 3050
and may be subject to reasonable deductibles and co-insurance 3051
costs.3052

       (3) In order to qualify for participation under this 3053
division, every facility specified in this division shall have in 3054
effect a plan for utilization review and a plan for peer review 3055
and every person specified in this division shall have in effect a 3056
plan for peer review. Such plans shall have the purpose of 3057
ensuring high quality patient care and effective and efficient 3058
utilization of available health facilities and services.3059

       (4) Such payment for benefits shall not be greater than 3060
usual, customary, and reasonable.3061

       (5)(a) Services performed by or under the clinical 3062
supervision of a health care professional identified in division 3063
(A)(1) of this section, in order to be reimbursable under the 3064
coverage required in division (A) of this section, shall meet both 3065
of the following requirements:3066

       (i) The services shall be performed in accordance with a 3067
treatment plan that describes the expected duration, frequency, 3068
and type of services to be performed;3069

       (ii) The plan shall be reviewed and approved by the health 3070
care professional every three months.3071

       (b) Payment of benefits for services reimbursable under 3072
division (A)(5)(a) of the section shall not be restricted to 3073
services described in the treatment plan or conditioned upon 3074
standards of a licensed physician or licensed psychologist, which 3075
at least equal the requirements of division (A)(5)(a) of this 3076
section.3077

       (B) Payment for benefits for alcoholism treatment for 3078
outpatient, inpatient, and intermediate primary care for each 3079
eligible employee and dependent that are at least equal to the 3080
following:3081

       (1) Payments not less than five hundred fifty dollars in a 3082
twelve-month period for services legally performed by or under the 3083
clinical supervision of a health care professional identified in 3084
division (A)(1) of this section, whether performed in an office, 3085
or in a hospital or a community mental health facility or 3086
alcoholism treatment facility so long as the hospital, community 3087
mental health facility, or alcoholism treatment facility is 3088
approved by the joint commission on accreditation of hospitals or 3089
certified by the department of health;3090

       (2) The benefits provided under this division shall be 3091
subject to reasonable limitations and may be subject to reasonable 3092
deductibles and co-insurance costs.3093

       (3) A health care professional shall every three months 3094
certify a patient's need for continued services performed by such 3095
facilities.3096

       (4) In order to qualify for participation under this 3097
division, every facility specified in this division shall have in 3098
effect a plan for utilization review and a plan for peer review 3099
and every person specified in this division shall have in effect a 3100
plan for peer review. Such plans shall have the purpose of 3101
ensuring high quality patient care and efficient utilization of 3102
available health facilities and services. Such person or 3103
facilities shall also have in effect a program of rehabilitation 3104
or a program of rehabilitation and detoxification.3105

       (5) Nothing in this section shall be construed to require 3106
reimbursement for benefits which is greater than usual, customary, 3107
and reasonable.3108

       (C) The benefits provided by division (A) of this section for 3109
mental and emotional disorders shall not be reduced by the cost of 3110
benefits provided pursuant to section 3923.282 of the Revised Code 3111
for diagnostic and treatment services for biologically based 3112
mental illness. This section does not apply to benefits for 3113
diagnostic and treatment services for biologically based mental 3114
illnesses.3115

       Sec. 3963.01. As used in this chapter:3116

       (A) "Affiliate" means any person or entity that has ownership 3117
or control of a contracting entity, is owned or controlled by a 3118
contracting entity, or is under common ownership or control with a 3119
contracting entity.3120

       (B) "Basic health care services" has the same meaning as in 3121
division (A) of section 1751.01 of the Revised Code, except that 3122
it does not include any services listed in that division that are 3123
provided by a pharmacist or nursing home.3124

       (C) "Contracting entity" means any person that has a primary 3125
business purpose of contracting with participating providers for 3126
the delivery of health care services.3127

       (D) "Credentialing" means the process of assessing and 3128
validating the qualifications of a provider applying to be 3129
approved by a contracting entity to provide basic health care 3130
services, specialty health care services, or supplemental health 3131
care services to enrollees.3132

       (E) "Edit" means adjusting one or more procedure codes billed 3133
by a participating provider on a claim for payment or a practice 3134
that results in any of the following:3135

       (1) Payment for some, but not all of the procedure codes 3136
originally billed by a participating provider;3137

       (2) Payment for a different procedure code than the procedure 3138
code originally billed by a participating provider;3139

       (3) A reduced payment as a result of services provided to an 3140
enrollee that are claimed under more than one procedure code on 3141
the same service date.3142

       (F) "Electronic claims transport" means to accept and 3143
digitize claims or to accept claims already digitized, to place 3144
those claims into a format that complies with the electronic 3145
transaction standards issued by the United States department of 3146
health and human services pursuant to the "Health Insurance 3147
Portability and Accountability Act of 1996," 110 Stat. 1955, 42 3148
U.S.C. 1320d, et seq., as those electronic standards are 3149
applicable to the parties and as those electronic standards are 3150
updated from time to time, and to electronically transmit those 3151
claims to the appropriate contracting entity, payer, or 3152
third-party administrator.3153

       (G) "Enrollee" means any person eligible for health care 3154
benefits under a health benefit plan, including an eligible 3155
recipient of medicaid, and includes all of the following terms:3156

       (1) "Enrollee" and "subscriber" as defined by section 1751.01 3157
of the Revised Code;3158

       (2) "Member" as defined by section 1739.01 of the Revised 3159
Code;3160

       (3) "Insured" and "plan member" pursuant to Chapter 3923. of 3161
the Revised Code;3162

       (4) "Beneficiary" as defined by section 3901.38 of the 3163
Revised Code.3164

       (H) "Health care contract" means a contract entered into, 3165
materially amended, or renewed between a contracting entity and a 3166
participating provider for the delivery of basic health care 3167
services, specialty health care services, or supplemental health 3168
care services to enrollees.3169

       (I) "Health care services" means basic health care services, 3170
specialty health care services, and supplemental health care 3171
services.3172

       (J) "Material amendment" means an amendment to a health care 3173
contract that decreases the participating provider's payment or 3174
compensation, changes the administrative procedures in a way that 3175
may reasonably be expected to significantly increase the 3176
provider's administrative expenses, or adds a new product. A 3177
material amendment does not include any of the following:3178

       (1) A decrease in payment or compensation resulting solely 3179
from a change in a published fee schedule upon which the payment 3180
or compensation is based and the date of applicability is clearly 3181
identified in the contract;3182

       (2) A decrease in payment or compensation that was 3183
anticipated under the terms of the contract, if the amount and 3184
date of applicability of the decrease is clearly identified in the 3185
contract;3186

       (3) An administrative change that may significantly increase 3187
the provider's administrative expense, the specific applicability 3188
of which is clearly identified in the contract;3189

       (4) Changes to an existing prior authorization, 3190
precertification, notification, or referral program that do not 3191
substantially increase the provider's administrative expense;3192

       (5) Changes to an edit program or to specific edits if the 3193
participating provider is provided notice of the changes pursuant 3194
to division (A)(1) of section 3963.04 of the Revised Code and the 3195
notice includes information sufficient for the provider to 3196
determine the effect of the change;3197

       (6) Changes to a health care contract described in division 3198
(B) of section 3963.04 of the Revised Code.3199

       (K) "Participating provider" means a provider that has a 3200
health care contract with a contracting entity and is entitled to 3201
reimbursement for health care services rendered to an enrollee 3202
under the health care contract.3203

       (L) "Payer" means any person that assumes the financial risk 3204
for the payment of claims under a health care contract or the 3205
reimbursement for health care services provided to enrollees by 3206
participating providers pursuant to a health care contract.3207

       (M) "Primary enrollee" means a person who is responsible for 3208
making payments for participation in a health care plan or an 3209
enrollee whose employment or other status is the basis of 3210
eligibility for enrollment in a health care plan.3211

       (N) "Procedure codes" includes the American medical 3212
association's current procedural terminology code, the American 3213
dental association's current dental terminology, and the centers 3214
for medicare and medicaid services health care common procedure 3215
coding system.3216

       (O) "Product" means one of the following types of categories 3217
of coverage for which a participating provider may be obligated to 3218
provide health care services pursuant to a health care contract:3219

       (1) A health maintenance organization or other product 3220
provided by a health insuring corporation;3221

       (2) A preferred provider organization;3222

       (3) Medicare;3223

       (4) Medicaid;3224

       (5) Workers' compensation.3225

       (P) "Provider" means a physician, podiatrist, dentist, 3226
chiropractor, optometrist, psychologist, physician assistant, 3227
advanced practice registered nurse, occupational therapist, 3228
massage therapist, physical therapist, licensed professional 3229
counselor, licensed professional clinical counselor, hearing aid 3230
dealer, orthotist, prosthetist, home health agency, hospice care 3231
program, pediatric respite care program, or hospital, or a 3232
provider organization or physician-hospital organization that is 3233
acting exclusively as an administrator on behalf of a provider to 3234
facilitate the provider's participation in health care contracts. 3235
"Provider" does not mean a pharmacist, pharmacy, nursing home, or 3236
a provider organization or physician-hospital organization that 3237
leases the provider organization's or physician-hospital 3238
organization's network to a third party or contracts directly with 3239
employers or health and welfare funds.3240

       (Q) "Specialty health care services" has the same meaning as 3241
in section 1751.01 of the Revised Code, except that it does not 3242
include any services listed in division (B) of section 1751.01 of 3243
the Revised Code that are provided by a pharmacist or a nursing 3244
home.3245

       (R) "Supplemental health care services" has the same meaning 3246
as in division (B) of section 1751.01 of the Revised Code, except 3247
that it does not include any services listed in that division that 3248
are provided by a pharmacist or nursing home.3249

       Sec. 4723.16.  (A) An individual whom the board of nursing 3250
licenses, certificates, or otherwise legally authorizes to engage 3251
in the practice of nursing as a registered nurse or as a licensed 3252
practical nurse may render the professional services of a 3253
registered or licensed practical nurse within this state through a 3254
corporation formed under division (B) of section 1701.03 of the 3255
Revised Code, a limited liability company formed under Chapter 3256
1705. of the Revised Code, a partnership, or a professional 3257
association formed under Chapter 1785. of the Revised Code. This 3258
division does not preclude an individual of that nature from 3259
rendering professional services as a registered or licensed 3260
practical nurse through another form of business entity, 3261
including, but not limited to, a nonprofit corporation or 3262
foundation, or in another manner that is authorized by or in 3263
accordance with this chapter, another chapter of the Revised Code, 3264
or rules of the board of nursing adopted pursuant to this chapter.3265

       (B) A corporation, limited liability company, partnership, or 3266
professional association described in division (A) of this section 3267
may be formed for the purpose of providing a combination of the 3268
professional services of the following individuals who are 3269
licensed, certificated, or otherwise legally authorized to 3270
practice their respective professions:3271

       (1) Optometrists who are authorized to practice optometry 3272
under Chapter 4725. of the Revised Code;3273

       (2) Chiropractors who are authorized to practice chiropractic 3274
or acupuncture under Chapter 4734. of the Revised Code;3275

       (3) Psychologists who are authorized to practice psychology 3276
under Chapter 4732. of the Revised Code;3277

       (4) Registered or licensed practical nurses who are 3278
authorized to practice nursing as registered nurses or as licensed 3279
practical nurses under this chapter;3280

       (5) Pharmacists who are authorized to practice pharmacy under 3281
Chapter 4729. of the Revised Code;3282

       (6) Physical therapists who are authorized to practice 3283
physical therapy under sections 4755.40 to 4755.56 of the Revised 3284
Code;3285

       (7) Occupational therapists who are licensed to practice 3286
occupational therapy under sections 4755.04 to 4755.13 of the 3287
Revised Code;3288

       (8) Mechanotherapists who are authorized to practice 3289
mechanotherapy under section 4731.151 of the Revised Code;3290

       (9) Doctors of medicine and surgery, osteopathic medicine and 3291
surgery, or podiatric medicine and surgery who are licensed, 3292
certificated, or otherwise legally authorized for their respective 3293
practices under Chapter 4731. of the Revised Code;3294

       (10) Licensed professional clinical counselors, licensed 3295
professional counselors, independent social workers, social 3296
workers, independent marriage and family therapists, or marriage 3297
and family therapists who are authorized for their respective 3298
practices under Chapter 4757. of the Revised Code.3299

       This division shall apply notwithstanding a provision of a 3300
code of ethics applicable to a nurse that prohibits a registered 3301
or licensed practical nurse from engaging in the practice of 3302
nursing as a registered nurse or as a licensed practical nurse in 3303
combination with a person who is licensed, certificated, or 3304
otherwise legally authorized to practice optometry, chiropractic, 3305
acupuncture through the state chiropractic board, psychology, 3306
pharmacy, physical therapy, occupational therapy, mechanotherapy, 3307
medicine and surgery, osteopathic medicine and surgery, or3308
podiatric medicine and surgery, professional counseling, social 3309
work, or marriage and family therapy, but who is not also 3310
licensed, certificated, or otherwise legally authorized to engage 3311
in the practice of nursing as a registered nurse or as a licensed 3312
practical nurse.3313

       Sec. 4725.33.  (A) An individual whom the state board of 3314
optometry licenses to engage in the practice of optometry may 3315
render the professional services of an optometrist within this 3316
state through a corporation formed under division (B) of section 3317
1701.03 of the Revised Code, a limited liability company formed 3318
under Chapter 1705. of the Revised Code, a partnership, or a 3319
professional association formed under Chapter 1785. of the Revised 3320
Code. This division does not preclude an optometrist from 3321
rendering professional services as an optometrist through another 3322
form of business entity, including, but not limited to, a 3323
nonprofit corporation or foundation, or in another manner that is 3324
authorized by or in accordance with this chapter, another chapter 3325
of the Revised Code, or rules of the state board of optometry 3326
adopted pursuant to this chapter.3327

       (B) A corporation, limited liability company, partnership, or 3328
professional association described in division (A) of this section 3329
may be formed for the purpose of providing a combination of the 3330
professional services of the following individuals who are 3331
licensed, certificated, or otherwise legally authorized to 3332
practice their respective professions:3333

       (1) Optometrists who are authorized to practice optometry 3334
under Chapter 4725. of the Revised Code;3335

       (2) Chiropractors who are authorized to practice chiropractic 3336
or acupuncture under Chapter 4734. of the Revised Code;3337

       (3) Psychologists who are authorized to practice psychology 3338
under Chapter 4732. of the Revised Code;3339

       (4) Registered or licensed practical nurses who are 3340
authorized to practice nursing as registered nurses or as licensed 3341
practical nurses under Chapter 4723. of the Revised Code;3342

       (5) Pharmacists who are authorized to practice pharmacy under 3343
Chapter 4729. of the Revised Code;3344

       (6) Physical therapists who are authorized to practice 3345
physical therapy under sections 4755.40 to 4755.56 of the Revised 3346
Code;3347

       (7) Occupational therapists who are authorized to practice 3348
occupational therapy under sections 4755.04 to 4755.13 of the 3349
Revised Code;3350

        (8) Mechanotherapists who are authorized to practice 3351
mechanotherapy under section 4731.151 of the Revised Code;3352

       (8)(9) Doctors of medicine and surgery, osteopathic medicine 3353
and surgery, or podiatric medicine and surgery who are authorized 3354
for their respective practices under Chapter 4731. of the Revised 3355
Code;3356

       (10) Licensed professional clinical counselors, licensed 3357
professional counselors, independent social workers, social 3358
workers, independent marriage and family therapists, or marriage 3359
and family therapists who are authorized for their respective 3360
practices under Chapter 4757. of the Revised Code.3361

       This division shall apply notwithstanding a provision of a 3362
code of ethics applicable to an optometrist that prohibits an 3363
optometrist from engaging in the practice of optometry in 3364
combination with a person who is licensed, certificated, or 3365
otherwise legally authorized to practice chiropractic, acupuncture 3366
through the state chiropractic board, psychology, nursing, 3367
pharmacy, physical therapy, occupational therapy, mechanotherapy, 3368
medicine and surgery, osteopathic medicine and surgery, or3369
podiatric medicine and surgery, professional counseling, social 3370
work, or marriage and family therapy, but who is not also 3371
licensed, certificated, or otherwise legally authorized to engage 3372
in the practice of optometry.3373

       Sec. 4729.161.  (A) An individual registered with the state 3374
board of pharmacy to engage in the practice of pharmacy may render 3375
the professional services of a pharmacist within this state 3376
through a corporation formed under division (B) of section 1701.03 3377
of the Revised Code, a limited liability company formed under 3378
Chapter 1705. of the Revised Code, a partnership, or a 3379
professional association formed under Chapter 1785. of the Revised 3380
Code. This division does not preclude an individual of that nature 3381
from rendering professional services as a pharmacist through 3382
another form of business entity, including, but not limited to, a 3383
nonprofit corporation or foundation, or in another manner that is 3384
authorized by or in accordance with this chapter, another chapter 3385
of the Revised Code, or rules of the state board of pharmacy 3386
adopted pursuant to this chapter.3387

       (B) A corporation, limited liability company, partnership, or 3388
professional association described in division (A) of this section 3389
may be formed for the purpose of providing a combination of the 3390
professional services of the following individuals who are 3391
licensed, certificated, or otherwise legally authorized to 3392
practice their respective professions:3393

       (1) Optometrists who are authorized to practice optometry 3394
under Chapter 4725. of the Revised Code;3395

       (2) Chiropractors who are authorized to practice chiropractic 3396
or acupuncture under Chapter 4734. of the Revised Code;3397

       (3) Psychologists who are authorized to practice psychology 3398
under Chapter 4732. of the Revised Code;3399

       (4) Registered or licensed practical nurses who are 3400
authorized to practice nursing as registered nurses or as licensed 3401
practical nurses under Chapter 4723. of the Revised Code;3402

       (5) Pharmacists who are authorized to practice pharmacy under 3403
Chapter 4729. of the Revised Code;3404

       (6) Physical therapists who are authorized to practice 3405
physical therapy under sections 4755.40 to 4755.56 of the Revised 3406
Code;3407

       (7) Occupational therapists who are authorized to practice 3408
occupational therapy under sections 4755.04 to 4755.13 of the 3409
Revised Code;3410

       (8) Mechanotherapists who are authorized to practice 3411
mechanotherapy under section 4731.151 of the Revised Code;3412

       (9) Doctors of medicine and surgery, osteopathic medicine and 3413
surgery, or podiatric medicine and surgery who are authorized for 3414
their respective practices under Chapter 4731. of the Revised 3415
Code;3416

       (10) Licensed professional clinical counselors, licensed 3417
professional counselors, independent social workers, social 3418
workers, independent marriage and family therapists, or marriage 3419
and family therapists who are authorized for their respective 3420
practices under Chapter 4757. of the Revised Code.3421

       This division shall apply notwithstanding a provision of a 3422
code of ethics applicable to a pharmacist that prohibits a 3423
pharmacist from engaging in the practice of pharmacy in 3424
combination with a person who is licensed, certificated, or 3425
otherwise legally authorized to practice optometry, chiropractic, 3426
acupuncture through the state chiropractic board, psychology, 3427
nursing, physical therapy, occupational therapy, mechanotherapy, 3428
medicine and surgery, osteopathic medicine and surgery, or3429
podiatric medicine and surgery, professional counseling, social 3430
work, or marriage and family therapy, but who is not also 3431
licensed, certificated, or otherwise legally authorized to engage 3432
in the practice of pharmacy.3433

       Sec. 4731.226.  (A)(1) An individual whom the state medical 3434
board licenses, certificates, or otherwise legally authorizes to 3435
engage in the practice of medicine and surgery, osteopathic 3436
medicine and surgery, or podiatric medicine and surgery may render 3437
the professional services of a doctor of medicine and surgery, 3438
osteopathic medicine and surgery, or podiatric medicine and 3439
surgery within this state through a corporation formed under 3440
division (B) of section 1701.03 of the Revised Code, a limited 3441
liability company formed under Chapter 1705. of the Revised Code, 3442
a partnership, or a professional association formed under Chapter 3443
1785. of the Revised Code. Division (A)(1) of this section does 3444
not preclude an individual of that nature from rendering 3445
professional services as a doctor of medicine and surgery, 3446
osteopathic medicine and surgery, or podiatric medicine and 3447
surgery through another form of business entity, including, but 3448
not limited to, a nonprofit corporation or foundation, or in 3449
another manner that is authorized by or in accordance with this 3450
chapter, another chapter of the Revised Code, or rules of the 3451
state medical board adopted pursuant to this chapter.3452

       (2) An individual whom the state medical board authorizes to 3453
engage in the practice of mechanotherapy may render the 3454
professional services of a mechanotherapist within this state 3455
through a corporation formed under division (B) of section 1701.03 3456
of the Revised Code, a limited liability company formed under 3457
Chapter 1705. of the Revised Code, a partnership, or a 3458
professional association formed under Chapter 1785. of the Revised 3459
Code. Division (A)(2) of this section does not preclude an 3460
individual of that nature from rendering professional services as 3461
a mechanotherapist through another form of business entity, 3462
including, but not limited to, a nonprofit corporation or 3463
foundation, or in another manner that is authorized by or in 3464
accordance with this chapter, another chapter of the Revised Code, 3465
or rules of the state medical board adopted pursuant to this 3466
chapter.3467

       (B) A corporation, limited liability company, partnership, or 3468
professional association described in division (A) of this section 3469
may be formed for the purpose of providing a combination of the 3470
professional services of the following individuals who are 3471
licensed, certificated, or otherwise legally authorized to 3472
practice their respective professions:3473

       (1) Optometrists who are authorized to practice optometry 3474
under Chapter 4725. of the Revised Code;3475

       (2) Chiropractors who are authorized to practice chiropractic 3476
or acupuncture under Chapter 4734. of the Revised Code;3477

       (3) Psychologists who are authorized to practice psychology 3478
under Chapter 4732. of the Revised Code;3479

       (4) Registered or licensed practical nurses who are 3480
authorized to practice nursing as registered nurses or as licensed 3481
practical nurses under Chapter 4723. of the Revised Code;3482

       (5) Pharmacists who are authorized to practice pharmacy under 3483
Chapter 4729. of the Revised Code;3484

       (6) Physical therapists who are authorized to practice 3485
physical therapy under sections 4755.40 to 4755.56 of the Revised 3486
Code;3487

       (7) Occupational therapists who are authorized to practice 3488
occupational therapy under sections 4755.04 to 4755.13 of the 3489
Revised Code;3490

       (8) Mechanotherapists who are authorized to practice 3491
mechanotherapy under section 4731.151 of the Revised Code;3492

       (9) Doctors of medicine and surgery, osteopathic medicine and 3493
surgery, or podiatric medicine and surgery who are authorized for 3494
their respective practices under this chapter;3495

       (10) Licensed professional clinical counselors, licensed 3496
professional counselors, independent social workers, social 3497
workers, independent marriage and family therapists, or marriage 3498
and family therapists who are authorized for their respective 3499
practices under Chapter 4757. of the Revised Code.3500

       (C) Division (B) of this section shall apply notwithstanding 3501
a provision of a code of ethics described in division (B)(18) of 3502
section 4731.22 of the Revised Code that prohibits either of the 3503
following:3504

       (1) A doctor of medicine and surgery, osteopathic medicine 3505
and surgery, or podiatric medicine and surgery from engaging in 3506
the doctor's authorized practice in combination with a person who 3507
is licensed, certificated, or otherwise legally authorized to 3508
engage in the practice of optometry, chiropractic, acupuncture 3509
through the state chiropractic board, psychology, nursing, 3510
pharmacy, physical therapy, occupational therapy, or3511
mechanotherapy, professional counseling, social work, or marriage 3512
and family therapy, but who is not also licensed, certificated, or 3513
otherwise legally authorized to practice medicine and surgery, 3514
osteopathic medicine and surgery, or podiatric medicine and 3515
surgery.3516

       (2) A mechanotherapist from engaging in the practice of 3517
mechanotherapy in combination with a person who is licensed, 3518
certificated, or otherwise legally authorized to engage in the 3519
practice of optometry, chiropractic, acupuncture through the state 3520
chiropractic board, psychology, nursing, pharmacy, physical 3521
therapy, occupational therapy, medicine and surgery, osteopathic 3522
medicine and surgery, or podiatric medicine and surgery, 3523
professional counseling, social work, or marriage and family 3524
therapy, but who is not also licensed, certificated, or otherwise 3525
legally authorized to engage in the practice of mechanotherapy.3526

       Sec. 4731.65.  As used in sections 4731.65 to 4731.71 of the 3527
Revised Code:3528

       (A)(1) "Clinical laboratory services" means either of the 3529
following:3530

       (a) Any examination of materials derived from the human body 3531
for the purpose of providing information for the diagnosis, 3532
prevention, or treatment of any disease or impairment or for the 3533
assessment of health;3534

       (b) Procedures to determine, measure, or otherwise describe 3535
the presence or absence of various substances or organisms in the 3536
body.3537

       (2) "Clinical laboratory services" does not include the mere 3538
collection or preparation of specimens.3539

       (B) "Designated health services" means any of the following:3540

       (1) Clinical laboratory services;3541

       (2) Home health care services;3542

       (3) Outpatient prescription drugs.3543

       (C) "Fair market value" means the value in arms-length 3544
transactions, consistent with general market value and:3545

       (1) With respect to rentals or leases, the value of rental 3546
property for general commercial purposes, not taking into account 3547
its intended use;3548

       (2) With respect to a lease of space, not adjusted to reflect 3549
the additional value the prospective lessee or lessor would 3550
attribute to the proximity or convenience to the lessor if the 3551
lessor is a potential source of referrals to the lessee.3552

       (D) "Governmental health care program" means any program 3553
providing health care benefits that is administered by the federal 3554
government, this state, or a political subdivision of this state, 3555
including the medicare program, health care coverage for public 3556
employees, health care benefits administered by the bureau of 3557
workers' compensation, and the medicaid program. 3558

       (E)(1) "Group practice" means a group of two or more holders 3559
of certificates under this chapter legally organized as a 3560
partnership, professional corporation or association, limited 3561
liability company, foundation, nonprofit corporation, faculty 3562
practice plan, or similar group practice entity, including an 3563
organization comprised of a nonprofit medical clinic that 3564
contracts with a professional corporation or association of 3565
physicians to provide medical services exclusively to patients of 3566
the clinic in order to comply with section 1701.03 of the Revised 3567
Code and including a corporation, limited liability company, 3568
partnership, or professional association described in division (B) 3569
of section 4731.226 of the Revised Code formed for the purpose of 3570
providing a combination of the professional services of 3571
optometrists who are licensed, certificated, or otherwise legally 3572
authorized to practice optometry under Chapter 4725. of the 3573
Revised Code, chiropractors who are licensed, certificated, or 3574
otherwise legally authorized to practice chiropractic or 3575
acupuncture under Chapter 4734. of the Revised Code, psychologists 3576
who are licensed, certificated, or otherwise legally authorized to 3577
practice psychology under Chapter 4732. of the Revised Code, 3578
registered or licensed practical nurses who are licensed, 3579
certificated, or otherwise legally authorized to practice nursing 3580
under Chapter 4723. of the Revised Code, pharmacists who are 3581
licensed, certificated, or otherwise legally authorized to 3582
practice pharmacy under Chapter 4729. of the Revised Code, 3583
physical therapists who are licensed, certificated, or otherwise 3584
legally authorized to practice physical therapy under sections 3585
4755.40 to 4755.56 of the Revised Code, occupational therapists 3586
who are licensed, certificated, or otherwise legally authorized to 3587
practice occupational therapy under sections 4755.04 to 4755.13 of 3588
the Revised Code, mechanotherapists who are licensed, 3589
certificated, or otherwise legally authorized to practice 3590
mechanotherapy under section 4731.151 of the Revised Code, and 3591
doctors of medicine and surgery, osteopathic medicine and surgery, 3592
or podiatric medicine and surgery who are licensed, certificated, 3593
or otherwise legally authorized for their respective practices 3594
under this chapter, and licensed professional clinical counselors, 3595
licensed professional counselors, independent social workers, 3596
social workers, independent marriage and family therapists, or 3597
marriage and family therapists who are licensed, certificated, or 3598
otherwise legally authorized for their respective practices under 3599
Chapter 4757. of the Revised Code to which all of the following 3600
apply:3601

       (a) Each physician who is a member of the group practice 3602
provides substantially the full range of services that the 3603
physician routinely provides, including medical care, 3604
consultation, diagnosis, or treatment, through the joint use of 3605
shared office space, facilities, equipment, and personnel.3606

       (b) Substantially all of the services of the members of the 3607
group are provided through the group and are billed in the name of 3608
the group and amounts so received are treated as receipts of the 3609
group.3610

       (c) The overhead expenses of and the income from the practice 3611
are distributed in accordance with methods previously determined 3612
by members of the group.3613

       (d) The group practice meets any other requirements that the 3614
state medical board applies in rules adopted under section 4731.70 3615
of the Revised Code.3616

       (2) In the case of a faculty practice plan associated with a 3617
hospital with a medical residency training program in which 3618
physician members may provide a variety of specialty services and 3619
provide professional services both within and outside the group, 3620
as well as perform other tasks such as research, the criteria in 3621
division (E)(1) of this section apply only with respect to 3622
services rendered within the faculty practice plan.3623

       (F) "Home health care services" and "immediate family" have 3624
the same meanings as in the rules adopted under section 4731.70 of 3625
the Revised Code.3626

       (G) "Hospital" has the same meaning as in section 3727.01 of 3627
the Revised Code.3628

       (H) A "referral" includes both of the following:3629

       (1) A request by a holder of a certificate under this chapter 3630
for an item or service, including a request for a consultation 3631
with another physician and any test or procedure ordered by or to 3632
be performed by or under the supervision of the other physician;3633

       (2) A request for or establishment of a plan of care by a 3634
certificate holder that includes the provision of designated 3635
health services.3636

       (I) "Third-party payer" has the same meaning as in section 3637
3901.38 of the Revised Code.3638

       Sec. 4732.28.  (A) An individual whom the state board of 3639
psychology licenses, certificates, or otherwise legally authorizes 3640
to engage in the practice of psychology may render the 3641
professional services of a psychologist within this state through 3642
a corporation formed under division (B) of section 1701.03 of the 3643
Revised Code, a limited liability company formed under Chapter 3644
1705. of the Revised Code, a partnership, or a professional 3645
association formed under Chapter 1785. of the Revised Code. This 3646
division does not preclude an individual of that nature from 3647
rendering professional services as a psychologist through another 3648
form of business entity, including, but not limited to, a 3649
nonprofit corporation or foundation, or in another manner that is 3650
authorized by or in accordance with this chapter, another chapter 3651
of the Revised Code, or rules of the state board of psychology 3652
adopted pursuant to this chapter.3653

       (B) A corporation, limited liability company, partnership, or 3654
professional association described in division (A) of this section 3655
may be formed for the purpose of providing a combination of the 3656
professional services of the following individuals who are 3657
licensed, certificated, or otherwise legally authorized to 3658
practice their respective professions:3659

       (1) Optometrists who are authorized to practice optometry 3660
under Chapter 4725. of the Revised Code;3661

       (2) Chiropractors who are authorized to practice chiropractic 3662
or acupuncture under Chapter 4734. of the Revised Code;3663

       (3) Psychologists who are authorized to practice psychology 3664
under this chapter;3665

       (4) Registered or licensed practical nurses who are 3666
authorized to practice nursing as registered nurses or as licensed 3667
practical nurses under Chapter 4723. of the Revised Code;3668

       (5) Pharmacists who are authorized to practice pharmacy under 3669
Chapter 4729. of the Revised Code;3670

       (6) Physical therapists who are authorized to practice 3671
physical therapy under sections 4755.40 to 4755.56 of the Revised 3672
Code;3673

       (7) Occupational therapists who are authorized to practice 3674
occupational therapy under sections 4755.04 to 4755.13 of the 3675
Revised Code;3676

       (8) Mechanotherapists who are authorized to practice 3677
mechanotherapy under section 4731.151 of the Revised Code;3678

       (9) Doctors of medicine and surgery, osteopathic medicine and 3679
surgery, or podiatric medicine and surgery who are authorized for 3680
their respective practices under Chapter 4731. of the Revised 3681
Code;3682

       (10) Licensed professional clinical counselors, licensed 3683
professional counselors, independent social workers, social 3684
workers, independent marriage and family therapists, or marriage 3685
and family therapists who are authorized for their respective 3686
practices under Chapter 4757. of the Revised Code.3687

       This division shall apply notwithstanding a provision of a 3688
code of ethics applicable to a psychologist that prohibits a 3689
psychologist from engaging in the practice of psychology in 3690
combination with a person who is licensed, certificated, or 3691
otherwise legally authorized to practice optometry, chiropractic, 3692
acupuncture through the state chiropractic board, nursing, 3693
pharmacy, physical therapy, occupational therapy, mechanotherapy, 3694
medicine and surgery, osteopathic medicine and surgery, or3695
podiatric medicine and surgery, professional counseling, social 3696
work, or marriage and family therapy, but who is not also 3697
licensed, certificated, or otherwise legally authorized to engage 3698
in the practice of psychology.3699

       Sec. 4734.17.  (A) An individual whom the state chiropractic 3700
board licenses to engage in the practice of chiropractic or 3701
certifies to practice acupuncture may render the professional 3702
services of a chiropractor or chiropractor certified to practice 3703
acupuncture within this state through a corporation formed under 3704
division (B) of section 1701.03 of the Revised Code, a limited 3705
liability company formed under Chapter 1705. of the Revised Code, 3706
a partnership, or a professional association formed under Chapter 3707
1785. of the Revised Code. This division does not preclude a 3708
chiropractor from rendering professional services as a 3709
chiropractor or chiropractor certified to practice acupuncture 3710
through another form of business entity, including, but not 3711
limited to, a nonprofit corporation or foundation, or in another 3712
manner that is authorized by or in accordance with this chapter, 3713
another chapter of the Revised Code, or rules of the state 3714
chiropractic board adopted pursuant to this chapter.3715

       (B) A corporation, limited liability company, partnership, or 3716
professional association described in division (A) of this section 3717
may be formed for the purpose of providing a combination of the 3718
professional services of the following individuals who are 3719
licensed, certificated, or otherwise legally authorized to 3720
practice their respective professions:3721

       (1) Optometrists who are authorized to practice optometry, 3722
under Chapter 4725. of the Revised Code;3723

       (2) Chiropractors who are authorized to practice chiropractic 3724
or acupuncture under this chapter;3725

       (3) Psychologists who are authorized to practice psychology 3726
under Chapter 4732. of the Revised Code;3727

       (4) Registered or licensed practical nurses who are 3728
authorized to practice nursing as registered nurses or as licensed 3729
practical nurses under Chapter 4723. of the Revised Code;3730

       (5) Pharmacists who are authorized to practice pharmacy under 3731
Chapter 4729. of the Revised Code;3732

       (6) Physical therapists who are authorized to practice 3733
physical therapy under sections 4755.40 to 4755.56 of the Revised 3734
Code;3735

       (7) Occupational therapists who are authorized to practice 3736
occupational therapy under sections 4755.04 to 4755.13 of the 3737
Revised Code;3738

       (8) Mechanotherapists who are authorized to practice 3739
mechanotherapy under section 4731.151 of the Revised Code;3740

       (9) Doctors of medicine and surgery, osteopathic medicine and 3741
surgery, or podiatric medicine and surgery who are authorized for 3742
their respective practices under Chapter 4731. of the Revised 3743
Code;3744

       (10) Licensed professional clinical counselors, licensed 3745
professional counselors, independent social workers, social 3746
workers, independent marriage and family therapists, or marriage 3747
and family therapists who are authorized for their respective 3748
practices under Chapter 4757. of the Revised Code.3749

       This division shall apply notwithstanding a provision of any 3750
code of ethics established or adopted under section 4734.16 of the 3751
Revised Code that prohibits an individual from engaging in the 3752
practice of chiropractic or acupuncture in combination with an 3753
individual who is licensed, certificated, or otherwise authorized 3754
for the practice of optometry, psychology, nursing, pharmacy, 3755
physical therapy, occupational therapy, mechanotherapy, medicine 3756
and surgery, osteopathic medicine and surgery, or podiatric 3757
medicine and surgery, professional counseling, social work, or 3758
marriage and family therapy, but who is not also licensed under 3759
this chapter to engage in the practice of chiropractic.3760

       Sec. 4734.41.  (A) As used in this section:3761

       (1) "Chemical dependency" means either of the following:3762

       (a) The chronic and habitual use of alcoholic beverages to 3763
the extent that the user no longer can control the use of alcohol 3764
or endangers the user's health, safety, or welfare or that of 3765
others;3766

       (b) The use of a controlled substance as defined in section 3767
3719.01 of the Revised Code, a harmful intoxicant as defined in 3768
section 2925.01 of the Revised Code, or a dangerous drug as 3769
defined in section 4729.01 of the Revised Code, to the extent that 3770
the user becomes physically or psychologically dependent on the 3771
substance, intoxicant, or drug or endangers the user's health, 3772
safety, or welfare or that of others.3773

       (2) "Mental illness" means a recognized psychiatric or 3774
psychological condition, disorder, or syndrome that has been 3775
diagnosed by a psychiatrist, psychologist, licensed professional 3776
clinical counselor, or independent social worker as a condition, 3777
disorder, or syndrome that may pose a danger to the person 3778
diagnosed or others or may prevent the person from practicing the 3779
person's profession according to acceptable and prevailing 3780
standards of care.3781

       (B) The state chiropractic board shall establish a chemical 3782
dependency and mental illness monitoring program. The program 3783
shall be made available to any individual under the board's 3784
jurisdiction who has a chemical dependency or mental illness and 3785
meets the board's eligibility requirements for admission to and 3786
continued participation in the program. The board shall develop 3787
the program and may designate a coordinator to administer it or 3788
enter into a contract for the program to be administered by 3789
another entity through a coordinator. The board shall adopt rules 3790
in accordance with Chapter 119. of the Revised Code that establish 3791
standards and procedure for operating the program.3792

       (C) Except as provided in division (D) of this section, all 3793
records of an individual's participation in the monitoring 3794
program, including medical records, chemical dependency records, 3795
and mental health records, shall be confidential, are not public 3796
records for the purposes of section 149.43 of the Revised Code, 3797
and are not subject to discovery by subpoena or admissible as 3798
evidence in any judicial proceeding. The program coordinator shall 3799
maintain all records as directed by the board.3800

       (D) The monitoring program's coordinator may disclose records 3801
or information regarding an individual's progress and status of 3802
participation in the program to the disciplinary section of the 3803
board and to any person or government entity that the program 3804
participant authorizes in writing to be given the records or 3805
information.3806

       In disclosing records or information under this division, the 3807
coordinator shall not include any record or information that is 3808
protected under section 5119.27 of the Revised Code or any federal 3809
statute or regulation that provides for the confidentiality of 3810
mental health or substance abuse records.3811

       (E) In the absence of fraud or bad faith, the monitoring 3812
program's coordinator, the board and the board's employees and 3813
representatives are not liable for damages in any civil action as 3814
a result of disclosing records or information in accordance with 3815
division (D) of this section. In the absence of fraud or bad 3816
faith, any person reporting to the program an individual's 3817
chemical dependency or mental illness, or the progress or lack of 3818
progress of that individual with regard to treatment, is not 3819
liable for damages in any civil action as a result of the report.3820

       (F) The board may abstain from taking formal disciplinary 3821
action under section 4734.31 of the Revised Code against an 3822
individual because of the individual's chemical dependency or 3823
mental illness, if the individual meets the eligibility 3824
requirements for admission into the monitoring program and all of 3825
the following occur:3826

       (1) The individual enters into a monitoring agreement with 3827
the coordinator of the program;3828

       (2) The individual complies with the terms and conditions for 3829
continued participation in the program, as specified in the 3830
monitoring agreement;3831

       (3) The individual successfully completes the terms and 3832
conditions of the monitoring agreement, including the condition 3833
that the individual attain the ability to practice in accordance 3834
with acceptable and prevailing standards of care applicable to the 3835
practice of chiropractic.3836

       Sec. 4755.111.  (A) An individual whom the occupational 3837
therapy section of the Ohio occupational therapy, physical 3838
therapy, and athletic trainers board licenses, certificates, or 3839
otherwise legally authorizes to engage in the practice of 3840
occupational therapy may render the professional services of an 3841
occupational therapist within this state through a corporation 3842
formed under division (B) of section 1701.03 of the Revised Code, 3843
a limited liability company formed under Chapter 1705. of the 3844
Revised Code, a partnership, or a professional association formed 3845
under Chapter 1785. of the Revised Code. This division does not 3846
preclude an individual of that nature from rendering professional 3847
services as an occupational therapist through another form of 3848
business entity, including, but not limited to, a nonprofit 3849
corporation or foundation, or in another manner that is authorized 3850
by or in accordance with sections 4755.04 to 4755.13 of the 3851
Revised Code, another chapter of the Revised Code, or rules of the 3852
Ohio occupational therapy, physical therapy, and athletic trainers 3853
board adopted pursuant to sections 4755.04 to 4755.13 of the 3854
Revised Code.3855

       (B) A corporation, limited liability company, partnership, or 3856
professional association described in division (A) of this section 3857
may be formed for the purpose of providing a combination of the 3858
professional services of the following individuals who are 3859
licensed, certificated, or otherwise legally authorized to 3860
practice their respective professions:3861

       (1) Optometrists who are authorized to practice optometry 3862
under Chapter 4725. of the Revised Code;3863

       (2) Chiropractors who are authorized to practice chiropractic 3864
or acupuncture under Chapter 4734. of the Revised Code;3865

       (3) Psychologists who are authorized to practice psychology 3866
under Chapter 4732. of the Revised Code;3867

       (4) Registered or licensed practical nurses who are 3868
authorized to practice nursing as registered nurses or as licensed 3869
practical nurses under Chapter 4723. of the Revised Code;3870

       (5) Pharmacists who are authorized to practice pharmacy under 3871
Chapter 4729. of the Revised Code;3872

       (6) Physical therapists who are authorized to practice 3873
physical therapy under sections 4755.40 to 4755.56 of the Revised 3874
Code;3875

       (7) Occupational therapists who are authorized to practice 3876
occupational therapy under sections 4755.04 to 4755.13 of the 3877
Revised Code;3878

       (8) Mechanotherapists who are authorized to practice 3879
mechanotherapy under section 4731.151 of the Revised Code;3880

       (9) Doctors of medicine and surgery, osteopathic medicine and 3881
surgery, or podiatric medicine and surgery who are authorized for 3882
their respective practices under Chapter 4731. of the Revised 3883
Code;3884

       (10) Licensed professional clinical counselors, licensed 3885
professional counselors, independent social workers, social 3886
workers, independent marriage and family therapists, or marriage 3887
and family therapists who are authorized for their respective 3888
practices under Chapter 4757. of the Revised Code.3889

       This division shall apply notwithstanding a provision of a 3890
code of ethics applicable to an occupational therapist that 3891
prohibits an occupational therapist from engaging in the practice 3892
of occupational therapy in combination with a person who is 3893
licensed, certificated, or otherwise legally authorized to 3894
practice optometry, chiropractic, acupuncture through the state 3895
chiropractic board, psychology, nursing, pharmacy, physical 3896
therapy, mechanotherapy, medicine and surgery, osteopathic 3897
medicine and surgery, podiatric medicine and surgery, professional 3898
counseling, social work, or marriage and family therapy but who is 3899
not also licensed, certificated, or otherwise legally authorized 3900
to engage in the practice of occupational therapy.3901

       Sec. 4755.471.  (A) An individual whom the physical therapy 3902
section of the Ohio occupational therapy, physical therapy, and 3903
athletic trainers board licenses, certificates, or otherwise 3904
legally authorizes to engage in the practice of physical therapy 3905
may render the professional services of a physical therapist 3906
within this state through a corporation formed under division (B) 3907
of section 1701.03 of the Revised Code, a limited liability 3908
company formed under Chapter 1705. of the Revised Code, a 3909
partnership, or a professional association formed under Chapter 3910
1785. of the Revised Code. This division does not preclude an 3911
individual of that nature from rendering professional services as 3912
a physical therapist through another form of business entity, 3913
including, but not limited to, a nonprofit corporation or 3914
foundation, or in another manner that is authorized by or in 3915
accordance with sections 4755.40 to 4755.53 of the Revised Code, 3916
another chapter of the Revised Code, or rules of the Ohio 3917
occupational therapy, physical therapy, and athletic trainers 3918
board adopted pursuant to sections 4755.40 to 4755.53 of the 3919
Revised Code.3920

       (B) A corporation, limited liability company, partnership, or 3921
professional association described in division (A) of this section 3922
may be formed for the purpose of providing a combination of the 3923
professional services of the following individuals who are 3924
licensed, certificated, or otherwise legally authorized to 3925
practice their respective professions:3926

       (1) Optometrists who are authorized to practice optometry 3927
under Chapter 4725. of the Revised Code;3928

       (2) Chiropractors who are authorized to practice chiropractic 3929
or acupuncture under Chapter 4734. of the Revised Code;3930

       (3) Psychologists who are authorized to practice psychology 3931
under Chapter 4732. of the Revised Code;3932

       (4) Registered or licensed practical nurses who are 3933
authorized to practice nursing as registered nurses or as licensed 3934
practical nurses under Chapter 4723. of the Revised Code;3935

       (5) Pharmacists who are authorized to practice pharmacy under 3936
Chapter 4729. of the Revised Code;3937

       (6) Physical therapists who are authorized to practice 3938
physical therapy under sections 4755.40 to 4755.56 of the Revised 3939
Code;3940

       (7) Occupational therapists who are authorized to practice 3941
occupational therapy under sections 4755.04 to 4755.13 of the 3942
Revised Code;3943

        (8) Mechanotherapists who are authorized to practice 3944
mechanotherapy under section 4731.151 of the Revised Code;3945

       (8)(9) Doctors of medicine and surgery, osteopathic medicine 3946
and surgery, or podiatric medicine and surgery who are authorized 3947
for their respective practices under Chapter 4731. of the Revised 3948
Code;3949

       (10) Licensed professional clinical counselors, licensed 3950
professional counselors, independent social workers, social 3951
workers, independent marriage and family therapists, or marriage 3952
and family therapists who are authorized for their respective 3953
practices under Chapter 4757. of the Revised Code.3954

       This division shall apply notwithstanding a provision of a 3955
code of ethics applicable to a physical therapist that prohibits a 3956
physical therapist from engaging in the practice of physical 3957
therapy in combination with a person who is licensed, 3958
certificated, or otherwise legally authorized to practice 3959
optometry, chiropractic, acupuncture through the state 3960
chiropractic board, psychology, nursing, pharmacy, occupational 3961
therapy, mechanotherapy, medicine and surgery, osteopathic 3962
medicine and surgery, or podiatric medicine and surgery, 3963
professional counseling, social work, or marriage and family 3964
therapy, but who is not also licensed, certificated, or otherwise 3965
legally authorized to engage in the practice of physical therapy.3966

       Sec. 4757.01.  As used in this chapter:3967

       (A) "Practice of professional counseling" means rendering or 3968
offering to render to individuals, groups, organizations, or the 3969
general public a counseling service involving the application of 3970
clinical counseling principles, methods, or procedures to assist 3971
individuals in achieving more effective personal, social, 3972
educational, or career development and adjustment, including the 3973
diagnosis and treatment of mental and emotional disorders.3974

       (B) "Clinical counseling principles, methods, or procedures" 3975
means an approach to counseling that emphasizes the counselor's 3976
role in systematically assisting clients through all of the 3977
following: assessing and analyzing background and current 3978
information, diagnosing mental and emotional disorders, exploring 3979
possible solutions, and developing and providing a treatment plan 3980
for mental and emotional adjustment or development. "Clinical 3981
counseling principles, methods, or procedures" includes at least 3982
counseling, appraisal, consulting, and referral.3983

       (C) "Practice of social work" means the application of social 3984
work theory and specialized knowledge of human development and 3985
behavior and social, economic, and cultural systems in directly 3986
assisting individuals, families, and groups in a clinical setting 3987
to improve or restore their capacity for social functioning, 3988
including counseling, the use of psychosocial interventions, and 3989
the use of social psychotherapy, which includes the diagnosis and 3990
treatment of mental and emotional disorders.3991

       (D) "Accredited educational institution" means an institution 3992
accredited by a national or regional accrediting agency accepted 3993
by the board of regents.3994

       (E) "Scope of practice" means the services, methods, and 3995
techniques in which and the areas for which a person licensed or 3996
registered under this chapter is trained and qualified.3997

       (F) "Mental and emotional disorders" means those disorders 3998
that are classified in accepted nosologies such as the 3999
international classification of diseases and the diagnostic and 4000
statistical manual of mental disorders and in future editions of 4001
those nosologies.4002

       (G) "Marriage and family therapy" means the diagnosis, 4003
evaluation, assessment, counseling, management and treatment of 4004
mental and emotional disorders, whether cognitive, affective, or 4005
behavioral, within the context of marriage and family systems, 4006
through the professional application of marriage and family 4007
therapies and techniques.4008

       (H) "Practice of marriage and family therapy" means the 4009
diagnosis, treatment, evaluation, assessment, counseling, and 4010
management, of mental and emotional disorders, whether cognitive, 4011
affective or behavioral, within the context of marriage and family 4012
systems, to individuals, couples, and families, singly or in 4013
groups, whether those services are offered directly to the general 4014
public or through public or private organizations, for a fee, 4015
salary or other consideration through the professional application 4016
of marriage and family theories, therapies, and techniques, 4017
including, but not limited to psychotherapeutic theories, 4018
therapies and techniques that marriage and family therapists are 4019
educated and trained to perform.4020

       (I) "Social functioning" means living up to the expectations 4021
that are made of an individual by the individual's own self, the 4022
immediate social environment, and by society at large. "Social 4023
functioning" includes meeting basic needs of the individual and 4024
the individual's dependents, including physical aspects, personal 4025
fulfillment, emotional needs, and an adequate self-concept.4026

       Sec. 4757.02.  (A) Except as provided in division (C) of this 4027
section and section 4757.41 of the Revised Code:4028

       (1) No person shall engage in or claim to the public to be 4029
engaging in the practice of professional counseling for a fee, 4030
salary, or other consideration unless the person is currently 4031
licensed under this chapter as a licensed professional clinical 4032
counselor or licensed professional counselor.4033

       (2) No person shall practice or claim to the public to be 4034
practicing social work for a fee, salary, or other consideration 4035
unless the person is currently licensed under this chapter as an 4036
independent social worker or a social worker.4037

       (3) No person shall claim to the public to be a social work 4038
assistant unless the person is currently registered under this 4039
chapter as a social work assistant.4040

       (4) No person shall engage in the practice of marriage and 4041
family therapy or claim to the public to be engaging in the 4042
practice of marriage and family therapy unless the person is 4043
currently licensed under this chapter as a marriage and family 4044
therapist.4045

       (B)(1) No person shall use the title "licensed professional 4046
clinical counselor," "licensed professional counselor," or any 4047
other title or description incorporating the word "counselor" or 4048
any initials used to identify persons acting in those capacities 4049
unless currently authorized under this chapter by licensure to act 4050
in the capacity indicated by the title or initials.4051

       (2) No person shall use the title "social worker," 4052
"independent social worker," "social work assistant," or any other 4053
title or description incorporating the words "social worker" or 4054
any initials used to identify persons acting in those capacities 4055
unless the person is currently authorized by licensure or 4056
registration under this chapter to act in the capacity indicated 4057
by the title or initials.4058

       (3) No person shall use the title "marriage and family 4059
therapist" or any initials used to identify persons acting in that 4060
capacity unless the person is currently authorized by licensure 4061
under this chapter to act in the capacity indicated by the title 4062
or initials.4063

       (C)(1) Divisions (A)(1) to (3) of this section do not apply 4064
to the practice of marriage and family therapy by a person holding 4065
a valid license or temporary license as a marriage and family 4066
therapist or independent marriage and family therapist under this 4067
chapter.4068

       (2) Division (A)(4) of this section does not apply to the 4069
following persons licensed or registered under this chapter:4070
licensed professional clinical counselors, licensed professional 4071
counselors, independent social workers, social workers, and social 4072
work assistants.4073

       Sec. 4757.03. (A) There is hereby created the counselor, 4074
social worker, and marriage and family therapist board, consisting 4075
of fifteen members. The governor shall appoint the members with 4076
the advice and consent of the senate.4077

       (1) Four of the members shall be individuals licensed under 4078
this chapter as licensed professional clinical counselors or 4079
licensed professional counselors. At all times, the counselor 4080
membership shall include at least two licensed professional 4081
clinical counselors, at least one individual who has received a 4082
doctoral degree in counseling from an accredited educational 4083
institution recognized by the board and holds a graduate level 4084
teaching position in a counselor education program, and at least 4085
two individuals who have received at least a master's degree in 4086
counseling from an accredited educational institution recognized 4087
by the board.4088

       Two of the(2) Four members shall be individuals licensed 4089
under this chapter as independent marriage and family therapists 4090
and two shall be individuals licensed under this chapter asor4091
marriage and family therapists or, if the board has not yet 4092
licensed independent marriage and family therapists or marriage 4093
and family therapists, eligible for licensure as independent 4094
marriage and family therapists or marriage and family therapists. 4095
They shall have, during the five years preceding appointment, 4096
actively engaged in the practice of marriage and family therapy, 4097
in educating and training master's, doctoral, or postdoctoral 4098
students of marriage and family therapy, or in marriage and family 4099
therapy research and, during the two years immediately preceding 4100
appointment, shall have devoted the majority of their professional 4101
time to the activity while residing in this state. At all times, 4102
the marriage and family therapist membership shall include one 4103
educator who holds a teaching position in a master's degree 4104
marriage and family therapy program at an accredited educational 4105
institution recognized by the board.4106

       (3) Two members shall be individuals licensed under this 4107
chapter as independent social workers. Two members shall be 4108
individuals licensed under this chapter as social workers, at 4109
least one of whom must hold a bachelor's or master's degree in 4110
social work from an accredited educational institution recognized 4111
by the board. At all times, the social worker membership shall 4112
include one educator who holds a teaching position in a 4113
baccalaureate or master's degree social work program at an 4114
accredited educational institution recognized by the board.4115

       (4) Three members shall be representatives of the general 4116
public who have not practiced professional counseling, marriage 4117
and family therapy, or social work and have not been involved in 4118
the delivery of professional counseling, marriage and family 4119
therapy, or social work services. At least one of the members 4120
representing the general public shall be at least sixty years of 4121
age. During their terms the public members shall not practice 4122
professional counseling, marriage and family therapy, or social 4123
work or be involved in the delivery of professional counseling, 4124
marriage and family therapy, or social work services.4125

       (B) Both of the following apply to each member specified in 4126
divisions (A)(1), (2), and (3) of this section:4127

       (1) During the five years preceding appointment to the board, 4128
the member shall have actively engaged in the practice of the 4129
member's profession. A member holding a teaching position shall 4130
have actively engaged in the practice of the member's profession 4131
by conducting research in the member's profession or by educating 4132
and training master's, doctoral, or postdoctoral students in the 4133
member's profession, as applicable.4134

       (2) During the two years immediately preceding appointment, 4135
the member shall have devoted the majority of their professional 4136
time to the activity described in division (B)(1) of this section 4137
while residing in this state.4138

       (C) At least three members, one from each of the board's 4139
professional standards committees, during the five years preceding 4140
appointment, shall have practiced at a public agency or at an 4141
organization that is certified or licensed by the department of 4142
developmental disabilities, the department of alcohol and drug 4143
addiction services, the department of job and family services, or 4144
the department of mental health.4145

       (D) Not more than eight members of the board may be members 4146
of the same political party or sex. At4147

       (E) At least one member of the board shall be of African, 4148
Native American, Hispanic, or Asian descent.4149

       Of the initial appointees, three shall be appointed for terms 4150
ending October 10, 1985, four shall be appointed for terms ending 4151
October 10, 1986, and four shall be appointed for terms ending 4152
October 10, 1987. Of the two initial independent marriage and 4153
family therapists appointed to the board, one shall be appointed 4154
for a term ending two years after the effective date of this 4155
amendment and one for a term ending three years after that date. 4156
Of the two initial marriage and family therapists appointed to the 4157
board, one shall be appointed for a term ending two years after 4158
the effective date of this amendment and one for a term ending 4159
three years after that date. After the initial appointments, terms4160

       (F) Terms of office shall be three years, each term ending on 4161
the same day of the same month of the year as did the term that it 4162
succeeds. As a result of the dates of initial appointment, the 4163
number of terms expiring each year are four, five, or six.4164

       (G) A member shall hold office from the date of appointment 4165
until the end of the term for which the member was appointed. A 4166
member appointed to fill a vacancy occurring prior to the 4167
expiration of the term for which the member's predecessor was 4168
appointed shall hold office for the remainder of that term. A 4169
member shall continue in office after the expiration date of the 4170
member's term until a successor takes office or until a period of 4171
sixty days has elapsed, whichever occurs first. Members may be 4172
reappointed, except that if a person has held office for two 4173
consecutive full terms, the person shall not be reappointed to the 4174
board sooner than one year after the expiration of the second full 4175
term as a member of the board.4176

       Sec. 4757.04.  Within the counselor, social worker, and 4177
marriage and family therapist board, there is hereby created the 4178
counselors professional standards committee, the social workers 4179
professional standards committee, and the marriage and family 4180
therapist professional standards committee.4181

       The counselors professional standards committee consists of 4182
the board's licensed professional clinical counselor and licensed4183
professional counselor members and one of the members representing 4184
the public who is not the member representing the public on the 4185
marriage and family therapist professional standards committee or 4186
the social workers professional standards committee. The committee 4187
has full authority to act on behalf of the board on all matters 4188
concerning professional clinical counselors and professional 4189
counselors.4190

       The social workers professional standards committee consists 4191
of the board's independent social worker and social worker members 4192
and one of the members representing the public who is not the 4193
member representing the public on the counselors professional 4194
standards committee or the marriage and family therapist 4195
professional standards committee. The committee has full authority 4196
to act on behalf of the board on all matters concerning 4197
independent social workers, social workers, and social work 4198
assistants.4199

       The marriage and family therapist professional standards 4200
committee consists of the board's marriage and family therapists 4201
and one of the members representing the public who is not the 4202
member representing the public on the counselors professional 4203
standards committee or the social workers professional standards 4204
committee. The committee has full authority to act on behalf of 4205
the board on all matters concerning independent marriage and 4206
family therapists and marriage and family therapists.4207

       Sec. 4757.10.  The counselor, social worker, and marriage and 4208
family therapist board may adopt any rules necessary to carry out 4209
this chapter.4210

       The board shall adopt rules that do all of the following:4211

       (A) Concern intervention for and treatment of any impaired 4212
person holding a license or certificate of registration issued 4213
under this chapter;4214

       (B) Establish standards for training and experience of 4215
supervisors described in division (C) of section 4757.30 of the 4216
Revised Code;4217

       (C) Define the requirement that an applicant be of good moral 4218
character in order to be licensed or registered under this 4219
chapter;4220

       (D) Establish requirements for criminal records checks of 4221
applicants under section 4776.03 of the Revised Code;4222

       (E) Establish a graduated system of fines based on the scope 4223
and severity of violations and the history of compliance, not to 4224
exceed five hundred dollars per incident, that any professional 4225
standards committee of the board may charge for a disciplinary 4226
violation described in section 4757.36 of the Revised Code;4227

       (F) Establish the amount and content of corrective action 4228
courses required by the board under section 4755.36 of the Revised 4229
Code;4230

       (G) Provide for voluntary registration of all of the 4231
following: 4232

       (1) Master's level counselor trainees enrolled in practice 4233
and internships;4234

       (2) Master's level social worker trainees enrolled in 4235
fieldwork, practice, and internships;4236

       (3) Master's level marriage and family therapist trainees 4237
enrolled in practice and internships.4238

       Rules adopted under division (G) of this section shall not 4239
require a trainee to register with the board, and if a trainee has 4240
not registered, shall prohibit any adverse effect with respect to 4241
a trainee's application for licensure by the board.4242

       All rules adopted under this section shall be adopted in 4243
accordance with Chapter 119. of the Revised Code. When it adopts 4244
rules under this section or any other section of this chapter, the 4245
board may consider standards established by any national 4246
association or other organization representing the interests of 4247
those involved in professional counseling, social work, or 4248
marriage and family therapy.4249

       Sec. 4757.11.  The counselor, social worker, and marriage and 4250
family therapist board shall establish a code of ethical practice 4251
for persons licensed under this chapter as licensed professional 4252
clinical counselors or licensed professional counselors. The board 4253
shall establish a code of ethical practice for persons licensed 4254
under this chapter as independent social workers or social 4255
workers, persons registered under this chapter as social work 4256
assistants, and persons licensed as independent marriage and 4257
family therapists or marriage and family therapists. The codes of 4258
ethical practice shall be established by adopting rules in 4259
accordance with Chapter 119. of the Revised Code. The codes of 4260
ethical practice shall define unprofessional conduct, which shall 4261
include engaging in a dual relationship with a client or former 4262
client, committing an act of sexual abuse, misconduct, or 4263
exploitation of a client or former client, and, except as 4264
permitted by law, violating client confidentiality. The codes of 4265
ethical practice may be based on any codes of ethical practice 4266
developed by national organizations representing the interests of 4267
those involved in professional counseling, social work, or 4268
marriage and family therapy. The board may establish standards in 4269
its codes of ethical practice that are more stringent than those 4270
established by national organizations.4271

       Sec. 4757.13. (A) Each individual who engages in the practice 4272
of professional counseling, social work, or marriage and family 4273
therapy shall prominently display, in a conspicuous place in the 4274
office or place where a major portion of the individual's practice 4275
is conducted, and in such a manner as to be easily seen and read, 4276
the license granted to the individual by the state counselor, 4277
social worker, and marriage and family therapist board.4278

       (B) A license holder engaged in a private individual 4279
practice, partnership, or group practice shall prominently display 4280
the license holder's fee schedule in the office or place where a 4281
major portion of the license holder's practice is conducted. The 4282
bottom of the first page of the fee schedule shall include the 4283
following statement, which shall be followed by the name, address, 4284
and telephone number of the board:4285

       "This information is required by the Counselor, Social 4286
Worker, and Marriage and Family Therapist Board, which regulates 4287
the practices of professional counseling, social work, and 4288
marriage and family therapy in this state."4289

       Sec. 4757.16.  (A) A person seeking to be licensed under this 4290
chapter as a licensed professional clinical counselor or licensed4291
professional counselor shall file with the counselors professional 4292
standards committee of the counselor, social worker, and marriage 4293
and family therapist board a written application on a form 4294
prescribed by the board. A person seeking to be licensed under 4295
this chapter as an independent social worker or social worker or 4296
registered under this chapter as a social work assistant shall 4297
file with the social workers professional standards committee of 4298
the board a written application on a form prescribed by the board. 4299
A person seeking to be licensed under this chapter as an 4300
independent marriage and family therapist or a marriage and family 4301
therapist shall file with the marriage and family therapist 4302
professional standards committee of the board a written 4303
application on a form prescribed by the board.4304

       Each form prescribed by the board shall contain a statement 4305
informing the applicant that a person who knowingly makes a false 4306
statement on the form is guilty of falsification under section 4307
2921.13 of the Revised Code, a misdemeanor of the first degree.4308

       (B) The professional standards committees shall adopt rules 4309
under Chapter 119. of the Revised Code concerning the process for4310
review of each application received and shallto determine whether 4311
the applicant meets the requirements to receive the license or 4312
certificate of registration for which application has been made.4313

       Sec. 4757.21.  A person licensed under this chapter to 4314
practice as a licensed professional clinical counselor or a4315
licensed professional counselor may diagnose and treat mental and 4316
emotional disorders, except that a licensed professional counselor 4317
may do so only under the supervision of a psychologist, 4318
psychiatrist, licensed professional clinical counselor, 4319
independent marriage and family therapist, or independent social 4320
worker. A licensed professional clinical counselor or licensed4321
professional counselor may engage in the private practice of 4322
professional counseling as an individual practitioner or as a 4323
member of a partnership or group practice.4324

       Sec. 4757.22.  (A) The counselors professional standards 4325
committee of the counselor, social worker, and marriage and family 4326
therapist board shall issue a license to practice as a licensed4327
professional clinical counselor to each applicant who submits a 4328
properly completed application, pays the fee established under 4329
section 4757.31 of the Revised Code, and meets the requirements 4330
specified in division (B) of this section.4331

       (B)(1) To be eligible for a licensed professional clinical 4332
counselor license, an individual must meet the following 4333
requirements:4334

       (1)(a) The individual must be of good moral character.4335

       (2)(b) The individual must hold from an accredited 4336
educational institution a graduate degree in counseling.4337

       (3)(c) The individual must complete a minimum of ninety 4338
quarter hours or sixty semester hours of graduate credit in 4339
counselor training acceptable to the committee, including a 4340
minimum of thirty quarter hours of instruction in the following 4341
areas:4342

       (a)(i) Clinical psychopathology, personality, and abnormal 4343
behavior;4344

       (b)(ii) Evaluation of mental and emotional disorders;4345

       (c)(iii) Diagnosis of mental and emotional disorders;4346

       (d)(iv) Methods of prevention, intervention, and treatment of 4347
mental and emotional disorders.4348

       (4)(d) The individual must complete, in either a private or 4349
clinical counseling setting, supervised experience in counseling 4350
that is of a type approved by the committee, is supervised by a 4351
licensed professional clinical counselor or other qualified 4352
professional approved by the committee, and is in the following 4353
amounts:4354

       (a)(i) In the case of an individual holding only a master's 4355
degree, not less than two years of experience, which must be 4356
completed after the award of the master's degree;4357

       (b)(ii) In the case of an individual holding a doctorate, not 4358
less than one year of experience, which must be completed after 4359
the award of the doctorate.4360

       (5)(e) The individual must pass a field evaluation that meets 4361
the following requirements:4362

       (a)(i) Has been completed by the applicant's instructors, 4363
employers, supervisors, or other persons determined by the 4364
committee to be competent to evaluate an individual's professional 4365
competence;4366

       (b)(ii) Includes documented evidence of the quality, scope, 4367
and nature of the applicant's experience and competence in 4368
diagnosing and treating mental and emotional disorders.4369

       (6)(f) The individual must pass an examination administered 4370
by the board for the purpose of determining ability to practice as 4371
a licensed professional clinical counselor.4372

       (2) To meet the requirement of division (B)(1)(b) of this 4373
section, a graduate degree in counseling obtained from a mental 4374
health counseling program in this state after January 1, 2018, 4375
must be from a clinical mental health counseling program, a 4376
clinical rehabilitation counseling program, or an addiction 4377
counseling program accredited by the council for accreditation of 4378
counseling and related educational programs.4379

       (3) All of the following meet the educational requirements of 4380
division (B)(1)(c) of this section:4381

       (a) A clinical mental health counseling program accredited by 4382
the council for accreditation of counseling and related 4383
educational programs;4384

       (b) Until January 1, 2018, a mental health counseling program 4385
accredited by the council for accreditation of counseling and 4386
related educational programs;4387

        (c) A graduate degree in counseling issued by another state 4388
from a clinical mental health counseling program, a clinical 4389
rehabilitation counseling program, or an addiction counseling 4390
program that is accredited by the council for accreditation of 4391
counseling and related educational programs;4392

       (d) Any other accredited counseling programs accepted by the 4393
board in accordance with rules adopted under division (F)(3) of 4394
this section.4395

       (C) To be accepted by the committee for purposes of division 4396
(B) of this section, counselor training must include at least the 4397
following:4398

       (1) Instruction in human growth and development; counseling 4399
theory; counseling techniques; group dynamics, processing, and 4400
counseling; appraisal of individuals; research and evaluation; 4401
professional, legal, and ethical responsibilities; social and 4402
cultural foundations; and lifestyle and career development;4403

       (2) Participation in a supervised practicum and internship in 4404
counseling.4405

       (D) The committee may issue a provisionaltemporary license 4406
to an applicant who meets all of the requirements to be licensed 4407
under this section, pending the receipt of transcripts or action 4408
by the committee to issue a license to practice as a licensed4409
professional clinical counselor.4410

       (E) An individual may not sit for the licensing examination 4411
unless the individual meets the educational requirements to be 4412
licensed under this section. An individual who is denied admission 4413
to the licensing examination may appeal the denial in accordance 4414
with Chapter 119. of the Revised Code.4415

       (F) The board shall adopt any rules necessary for the 4416
committee to implement this section, including. The rules shall do 4417
all of the following:4418

       (1) Establish criteria for the committee to use in 4419
determining whether an applicant's training should be accepted and 4420
supervised experience approved;4421

        (2) Establish course content requirements for qualifying 4422
counseling degrees issued by institutions in other states from 4423
clinical mental health counseling programs, clinical 4424
rehabilitation counseling programs, and addiction counseling 4425
programs that are not accredited by the council for accreditation 4426
of counseling and related educational programs and for graduate 4427
degrees from other accredited counseling programs approved by the 4428
board in accordance with rules adopted under division (F)(3) of 4429
this section;4430

       (3) For purposes of divisions (B)(2)(b) and (3) of this 4431
section, establish requirements for acceptance by the committee of 4432
accredited counseling programs.4433

        Rules adopted under this division shall be adopted in 4434
accordance with Chapter 119. of the Revised Code.4435

       Sec. 4757.23.  (A) The counselors professional standards 4436
committee of the counselor, social worker, and marriage and family 4437
therapist board shall issue a license as a licensed professional 4438
counselor to each applicant who submits a properly completed 4439
application, pays the fee established under section 4757.31 of the 4440
Revised Code, and meets the requirements established under 4441
division (B) of this section.4442

       (B)(1) To be eligible for a license as a licensed4443
professional counselor, an individual must meet the following 4444
requirements:4445

       (1)(a) The individual must be of good moral character.4446

       (2)(b) The individual must hold from an accredited 4447
educational institution a graduate degree in counseling.4448

       (3)(c) The individual must complete a minimum of ninety 4449
quarter hours or sixty semester hours of graduate credit in 4450
counselor training acceptable to the committee, which the 4451
individual may complete while working toward receiving a graduate 4452
degree in counseling, or subsequent to receiving the degree, and 4453
which shall include training in the following areas:4454

       (i) Clinical psychopathology, personality, and abnormal 4455
behavior;4456

       (ii) Evaluation of mental and emotional disorders;4457

       (iii) Diagnosis of mental and emotional disorders;4458

       (iv) Methods of prevention, intervention, and treatment of 4459
mental and emotional disorders.4460

       (4)(d) The individual must pass an examination administered 4461
by the board for the purpose of determining ability to practice as 4462
a licensed professional counselor.4463

       (2) To meet the requirement of division (B)(1)(b) of this 4464
section, a graduate degree in counseling obtained from a mental 4465
health counseling program in this state after January 1, 2018, 4466
must be from a clinical mental health counseling program, clinical 4467
rehabilitation counseling program, or addiction counseling program 4468
accredited by the council for accreditation of counseling and 4469
related educational programs.4470

       (3) All of the following meet the educational requirements of 4471
division (B)(1)(c) of this section:4472

       (a) A clinical mental health counseling program accredited by 4473
the council for accreditation of counseling and related 4474
educational programs;4475

       (b) Until January 1, 2018, a mental health counseling program 4476
accredited by the council for accreditation of counseling and 4477
related educational programs;4478

       (c) A graduate degree in counseling issued by an institution 4479
in another state from a clinical mental health counseling program, 4480
a clinical rehabilitation counseling program, or an addiction 4481
counseling program that is accredited by the council for 4482
accreditation of counseling and related educational programs;4483

       (d) Any other accredited counseling programs accepted by the 4484
board in accordance with rules adopted under division (F)(3) of 4485
this section.4486

       (C) To be accepted by the committee for purposes of division 4487
(B) of this section, counselor training must include at least the 4488
following:4489

       (1) Instruction in human growth and development; counseling 4490
theory; counseling techniques; group dynamics, processing, and 4491
counseling; appraisal of individuals; research and evaluation; 4492
professional, legal, and ethical responsibilities; social and 4493
cultural foundations; and lifestyle and career development;4494

       (2) Participation in a supervised practicum and internship in 4495
counseling.4496

       (D) The committee may issue a provisionaltemporary license 4497
to practice as a licensed professional counselor to an applicant 4498
who meets all of the requirements to be licensed under this 4499
section, pendingas follows:4500

       (1) Pending the receipt of transcripts or action by the 4501
committee to issue a license as a licensed professional counselor;4502

       (2) For a period not to exceed ninety days, to an applicant 4503
who provides the board with a statement from the applicant's 4504
academic institution indicating that the applicant has met the 4505
academic requirements for the applicant's degree and the projected 4506
date the applicant will receive the applicant's transcript showing 4507
a conferred degree.4508

       On application to the committee, a temporary license issued 4509
under division (D)(2) of this section may be renewed for good 4510
cause shown.4511

       (E) An individual may not sit for the licensing examination 4512
unless the individual meets the educational requirements to be 4513
licensed under this section. An individual who is denied admission 4514
to the licensing examination may appeal the denial in accordance 4515
with Chapter 119. of the Revised Code.4516

       (F) The board shall adopt any rules necessary for the 4517
committee to implement this section, including. The rules shall do 4518
all of the following:4519

       (1) Establish criteria for the committee to use in 4520
determining whether an applicant's training should be accepted and 4521
supervised experience approved;4522

       (2) Establish course content requirements for qualifying 4523
counseling degrees issued by institutions in other states from 4524
clinical mental health counseling programs, clinical 4525
rehabilitation counseling programs, and addiction counseling 4526
programs that are not accredited by the council for accreditation 4527
of counseling and related educational programs and for graduate 4528
degrees from other accredited counseling programs accepted by the 4529
board in accordance with rules adopted under division (F)(3) of 4530
this section;4531

       (3) For purposes of divisions (B)(2)(b) and (3) of this 4532
section, establish requirements for acceptance by the committee of 4533
accredited counseling programs.4534

        Rules adopted under this division shall be adopted in 4535
accordance with Chapter 119. of the Revised Code.4536

       Sec. 4757.26.  (A) A person licensed under this chapter to 4537
practice as an independent social worker or a social worker may 4538
diagnose and treat mental and emotional disorders, except that a 4539
social worker may do so only under the supervision of a 4540
psychologist, psychiatrist, licensed professional clinical 4541
counselor, independent marriage and family therapist, independent 4542
social worker, or registered nurse who holds a master's degree in 4543
psychiatric nursing.4544

       (B) A person licensed under this chapter to practice as an 4545
independent social worker may engage in the private practice of 4546
social work as an individual practitioner or as a member of a 4547
partnership or group practice.4548

       (C) A person licensed under this chapter to practice as a 4549
social worker shall not engage in the private practice of social 4550
work as an individual practitioner or as a member of a partnership 4551
or group practice. A social worker shall not engage in the 4552
practice of social work as an employee of a private individual, 4553
partnership, or group practitioner of social work unless the 4554
social worker is supervised by a psychologist, psychiatrist,4555
licensed professional clinical counselor, independent marriage and 4556
family therapist, independent social worker, or registered nurse 4557
who holds a master's degree in psychiatric nursing.4558

       (D) A person who receives a certificate of registration to 4559
practice as a social work assistant is not authorized to engage in 4560
the practice of social work. A social work assistant, under the 4561
direct supervision of a psychologist, psychiatrist, licensed4562
professional clinical counselor, licensed professional counselor, 4563
independent marriage and family therapist, independent social 4564
worker, social worker, or registered nurse who holds a master's 4565
degree in psychiatric nursing, may provide human, social, and 4566
community services that include intake assessment and referral, 4567
screening, crisis intervention and resolution, community support, 4568
case management and outreach, record keeping, social assessment, 4569
visual observation of an individual in the individual's 4570
environment, assistance in facilitation with groups and families, 4571
advocacy, and orientation, education, and prevention services.4572

       Sec. 4757.27.  (A) The social workers professional standards 4573
committee of the counselor, social worker, and marriage and family 4574
therapist board shall issue a license as an independent social 4575
worker to each applicant who submits a properly completed 4576
application, pays the fee established under section 4757.31 of the 4577
Revised Code, and meets the requirements specified in division (B) 4578
of this section. An independent social worker license shall 4579
clearly indicate each academic degree earned by the person to whom 4580
it has been issued.4581

       (B) To be eligible for a license as an independent social 4582
worker, an individual must meet the following requirements:4583

       (1) The individual must be of good moral character.4584

       (2) The individual must hold from an accredited educational 4585
institution a master's degree or a doctorate in social work from 4586
an educational institution accredited by the council on social 4587
work education or an educational institution in candidacy for 4588
accreditation by the council.4589

       (3) The individual must complete at least two years of 4590
post-master's degree social work experience supervised by an 4591
independent social worker.4592

       (4) The individual must pass an examination administered by 4593
the board for the purpose of determining ability to practice as an 4594
independent social worker.4595

       (C) The committee may issue a temporary license to an 4596
applicant who meets all of the requirements to be licensed under 4597
this section, pending the receipt of transcripts or action by the 4598
committee to issue a license as an independent social worker.4599

       (D) The board shall adopt any rules necessary for the 4600
committee to implement this section, including criteria for the 4601
committee to use in determining whether an applicant's training 4602
should be accepted and supervised experience approved. Rules 4603
adopted under this division shall be adopted in accordance with 4604
Chapter 119. of the Revised Code.4605

       Sec. 4757.28.  (A) The social workers professional standards 4606
committee of the counselor, social worker, and marriage and family 4607
therapist board shall issue a license as a social worker to each 4608
applicant who submits a properly completed application, pays the 4609
fee established under section 4757.31 of the Revised Code, and 4610
meets the requirements specified in division (B) of this section. 4611
A social worker license shall clearly indicate each academic 4612
degree earned by the person to whom it is issued.4613

       (B) To be eligible for a license as a social worker, an 4614
individual must meet the following requirements:4615

       (1) The individual must be of good moral character.4616

       (2) The individual must hold from an accredited educational 4617
institution one of the following:4618

       (a) A baccalaureate degree in social work or, prior to 4619
October 10, 1992, a baccalaureate degree in a program closely 4620
related to social work and approved by the committee;4621

       (b) A master's degree in social work;4622

       (c) A doctorate in social work.4623

       (3) The individual must pass an examination administered by 4624
the board for the purpose of determining ability to practice as a 4625
social worker.4626

       (C) The committee may issue a temporary license to practice 4627
as a social worker as follows:4628

       (1) To an applicant who meets all of the requirements to be 4629
licensed under this section, pending the receipt of transcripts or 4630
action by the committee to issue a license as a social worker. 4631
However, the committee may issue a temporary license;4632

       (2) For a period not to exceed ninety days, to an applicant 4633
who provides the board with a statement from the applicant's 4634
academic institution indicating that the applicant is in good 4635
standing with the institution, that the applicant has met the 4636
academic requirements for the applicant's degree, and the 4637
projected date the applicant will receive the applicant's 4638
transcript showing a conferred degree.4639

       On application to the committee, a temporary license issued 4640
under division (C)(2) of this section may be renewed for good 4641
cause shown.4642

       (D) The board shall adopt any rules necessary for the 4643
committee to implement this section, including criteria for the 4644
committee to use in determining whether an applicant's training 4645
should be accepted and supervised experience approved. Rules 4646
adopted under this division shall be adopted in accordance with 4647
Chapter 119. of the Revised Code.4648

       Sec. 4757.29. (A) The social workers professional standards 4649
committee of the counselor, social worker, and marriage and family 4650
therapist board shall issue a certificate of registration as a 4651
social work assistant to each applicant who submits a properly 4652
completed application, pays the fee established under section 4653
4757.31 of the Revised Code, is of good moral character, and holds 4654
from an accredited educational institution an associate degree in 4655
social service technology or a bachelor's degree that is 4656
equivalent to an associate degree in social service technology or 4657
a related bachelor's or higher degree that is approved by the 4658
committee.4659

       (B) On and after March 18, 1997, a counselor assistant 4660
certificate of registration issued under former section 4757.08 of 4661
the Revised Code shall be considered a certificate of registration 4662
as a social work assistant. The holder of the certificate is 4663
subject to the supervision requirements specified in section 4664
4757.26 of the Revised Code, the continuing education requirements 4665
specified in section 4757.33 of the Revised Code, and regulation 4666
by the social workers professional standards committee. On the 4667
first renewal occurring after March 18, 1997, the committee shall 4668
issue a certificate of registration as a social work assistant to 4669
each former counselor assistant who qualifies for renewal.4670

       (C) The social workers professional standards committee shall 4671
issue a certificate of registration as a social work assistant to 4672
any person who, on or before March 18, 1998, meets the 4673
requirements for a certificate of registration as a counselor 4674
assistant pursuant to division (A)(3) of former section 4757.08 of 4675
the Revised Code, submits a properly completed application, pays 4676
the fee established under section 4757.31 of the Revised Code, and 4677
is of good moral character.4678

       Sec. 4757.30.  (A) The marriage and family therapist 4679
professional standards committee of the counselor, social worker, 4680
and marriage and family therapist board shall issue a license to 4681
practice as a marriage and family therapist to a person who has 4682
done all of the following:4683

       (1) Properly completed an application for the license;4684

       (2) Paid the required fee established by the board under 4685
section 4757.31 of the Revised Code;4686

       (3) Achieved one of the following:4687

       (a) Received from an educational institution accredited at 4688
the time the degree was granted by a regional accrediting 4689
organization recognized by the board a master's degree or a 4690
doctorate in marriage and family therapy;4691

       (b) Completed a graduate degree that includes a minimum of 4692
ninety quarter hours of graduate level course work in marriage and 4693
family therapy training that is acceptable to the committee;4694

       (4) Passed an examination administered by the board for the 4695
purpose of determining the person's ability to be a marriage and 4696
family therapist;4697

       (5) Completed a practicum that includes at least three 4698
hundred hours of client contact.4699

       (B) To be accepted by the committee for purposes of division 4700
(A)(3)(b) of this section, marriage and family therapist training 4701
must include instruction in at least the following: 4702

       (1) Research and evaluation;4703

       (2) Professional, legal, and ethical responsibilities;4704

       (3) Marriage and family studies;4705

       (4) Marriage and family therapy, including therapeutic theory 4706
and techniques for individuals, groups, and families;4707

       (5) Human development;4708

       (6) Appraisal of individuals and families;4709

       (7) Diagnosis of mental and emotional disorders;4710

       (8) Systems theory.4711

       (C) The marriage and family therapist professional standards 4712
committee shall issue a license to practice as an independent 4713
marriage and family therapist to a person who does both of the 4714
following:4715

       (1) Meets all of the requirements of division (A) of this 4716
section;4717

       (2) After meeting the requirements of division (A)(3) of this 4718
section, completes at least two calendar years of work experience4719
supervised training while engaged in the practice of marriage and 4720
family therapy.4721

       The two calendar years of work experiencesupervised training4722
must include two hundred hours of face-to-face supervision while 4723
completing a minimum of one thousand hours of documented client 4724
contact in marriage and family therapy. TwoOf the required two4725
hundred hours of the one thousand hours must include face-to-face 4726
supervision, a minimum of one hundred hours must be individual 4727
supervision. Supervision shall be performed by a supervisor whose 4728
training and experience meets standards established by the board 4729
in rules adopted under section 4757.10 of the Revised Code and one 4730
hundred hours of the two hundred hours of supervision must be 4731
individual supervision.4732

       (D) An independent marriage and family therapist or a 4733
marriage and family therapist may engage in the private practice 4734
of marriage and family therapy as an individual practitioner or as 4735
a member of a partnership or group practice.4736

       (E) A marriage and family therapist may diagnose and treat 4737
mental and emotional disorders only under the supervision of a 4738
psychologist, psychiatrist, licensed professional clinical 4739
counselor, independent social worker, or independent marriage and 4740
family therapist. An independent marriage and family therapist may 4741
diagnose and treat mental and emotional disorders without 4742
supervision.4743

       (F) Nothing in this chapter or rules adopted under it 4744
authorizes an independent marriage and family therapist or a 4745
marriage and family therapist to admit a patient to a hospital or 4746
requires a hospital to allow a marriage and family therapist to 4747
admit a patient.4748

       (G) An independent marriage and family therapist or a 4749
marriage and family therapist may not diagnose, treat, or advise 4750
on conditions outside the recognized boundaries of the marriage 4751
and family therapist's competency. An independent marriage and 4752
family therapist or a marriage and family therapist shall make 4753
appropriate and timely referrals when a client's needs exceed the 4754
marriage and family therapist's competence level.4755

       Sec. 4757.31.  (A) Subject to division (B) of this section, 4756
the counselor, social worker, and marriage and family therapist 4757
board shall establish, and may from time to time adjust, fees to 4758
be charged for the following:4759

       (1) Examination for licensure as a licensed professional 4760
clinical counselor, licensed professional counselor, marriage and 4761
family therapist, independent marriage and family therapist, 4762
social worker, or independent social worker;4763

       (2) Initial licenses of licensed professional clinical 4764
counselors, licensed professional counselors, marriage and family 4765
therapists, independent marriage and family therapists, social 4766
workers, and independent social workers, except that the board 4767
shall charge only one fee to a person who fulfills all 4768
requirements for more than one of the following initial licenses: 4769
an initial license as a social worker or independent social 4770
worker, an initial license as a licensed professional counselor or 4771
licensed professional clinical counselor, and an initial license 4772
as a marriage and family therapist or independent marriage and 4773
family therapist;4774

       (3) Initial certificates of registration of social work 4775
assistants;4776

       (4) Renewal and late renewal of licenses of licensed4777
professional clinical counselors, licensed professional 4778
counselors, marriage and family therapists, independent marriage 4779
and family therapists, social workers, and independent social 4780
workers and renewal and late renewal of certificates of 4781
registration of social work assistants;4782

       (5) Verification, to another jurisdiction, of a license or 4783
registration issued by the board;4784

       (6) Continuing education programs offered by the board to 4785
licensees or registrants;4786

       (7) Approval of continuing education programs;4787

       (8) Approval of continuing education providers to be 4788
authorized to offer continuing education programs without prior 4789
approval from the board for each program offered;4790

       (9) Issuance of a replacement copy of any wall certificate 4791
issued by the board;4792

       (10) Late completion of continuing counselor, social worker, 4793
or marriage and family therapy education required under section 4794
4757.33 of the Revised Code and the rules adopted under it.4795

       (B) The fees charged under division (A)(1) of this section 4796
shall be established in amounts sufficient to cover the direct 4797
expenses incurred in examining applicants for licensure. The fees 4798
charged under divisions (A)(2) to (9) of this section shall be 4799
nonrefundable and shall be established in amounts sufficient to 4800
cover the necessary expenses in administering this chapter and 4801
rules adopted under it that are not covered by fees charged under 4802
division (A)(1) or (C) of this section. The renewal fee for a 4803
license or certificate of registration shall not be less than the 4804
initial fee for that license or certificate. The fees charged for 4805
licensure and registration and the renewal of licensure and 4806
registration may differ for the various types of licensure and 4807
registration, but shall not exceed one hundred twenty-five dollars 4808
each, unless the board determines that amounts in excess of one 4809
hundred twenty-five dollars are needed to cover its necessary 4810
expenses in administering this chapter and rules adopted under it 4811
and the amounts in excess of one hundred twenty-five dollars are 4812
approved by the controlling board.4813

       (C) All receipts of the board shall be deposited in the state 4814
treasury to the credit of the occupational licensing and 4815
regulatory fund. All vouchers of the board shall be approved by 4816
the chairperson or executive director of the board, or both, as 4817
authorized by the board.4818

       Sec. 4757.321. (A) A person licensed or registered under this 4819
chapter may apply to the counselor, social worker, and marriage 4820
and family therapist board to have the person's license or 4821
registration classified as inactive. If a fee is charged under 4822
division (B) of this section, the person shall include the fee 4823
with the application. If the person's license or registration is 4824
in good standing and the person meets any other requirements 4825
established by the board in rules adopted under this section, the 4826
board shall classify the license or registration as inactive. The 4827
inactive classification shall become effective on the date 4828
immediately following the date that the person's license or 4829
registration is scheduled to expire.4830

       (B) The board may charge a fee for classifying a license or 4831
registration as inactive.4832

       (C) During the period that a license or registration is 4833
classified as inactive, the person may not engage in the practice 4834
of professional counseling, social work, or marriage and family 4835
therapy, as applicable, in this state or make any representation 4836
to the public indicating that the person is actively licensed or 4837
registered under this chapter.4838

       (D) A person whose license or registration has been 4839
classified as inactive may apply to the board to have the license 4840
or registration reactivated. The board shall reactivate the 4841
license or registration if the person meets the requirements 4842
established by the board in rules adopted under this section.4843

       (E) The board's jurisdiction to take disciplinary action 4844
under this chapter is not removed or limited when a license or 4845
registration is classified as inactive under this section.4846

       (F) The board shall adopt rules as necessary for classifying 4847
a license or registration as inactive and reactivating an inactive 4848
license or registration. The rules shall be adopted in accordance 4849
with Chapter 119. of the Revised Code.4850

       (G) This section does not apply to registration of master's 4851
level counselor trainees, social worker trainees, marriage and 4852
family therapist trainees, or continuing education providers.4853

       Sec. 4757.33.  (A) Except as provided in division (B) of this 4854
section, each person who holds a license or certificate of 4855
registration issued under this chapter shall complete during the 4856
period that the license or certificate is in effect not less than 4857
thirty clock hours of continuing professional education as a 4858
condition of receiving a renewed license or certificate. To have a 4859
lapsed license or certificate of registration restored, a person 4860
shall complete the number of hours of continuing education 4861
specified by the counselor, social worker, and marriage and family 4862
therapist board in rules it shall adopt in accordance with Chapter 4863
119. of the Revised Code.4864

       The professional standards committees of the counselor, 4865
social worker, and marriage and family therapist board shall adopt 4866
rules in accordance with Chapter 119. of the Revised Code 4867
establishing standards and procedures to be followed by the 4868
committees in conducting the continuing education approval 4869
process, which shall include registering individuals and entities 4870
to provide continuing education programs approved by the board.4871

       (B) The board may waive the continuing education requirements 4872
established under this section for persons who are unable to 4873
fulfill them because of military service, illness, residence 4874
abroad, or any other reason the committee considers acceptable.4875

       In the case of a social worker licensed by virtue of 4876
receiving, prior to October 10, 1992, a baccalaureate degree in a 4877
program closely related to social work, as a condition of the 4878
first renewal of the license, the social worker must complete at 4879
an accredited educational institution a minimum of five semester 4880
hours of social work graduate or undergraduate credit, or their 4881
equivalent, that is acceptable to the committee and includes a 4882
course in social work theory and a course in social work methods.4883

       Sec. 4757.34. Not later than ninety days after December 9, 4884
1994, theThe counselor, social worker, and marriage and family 4885
therapist board shall approve one or more continuing education 4886
courses of study that assist social workers, independent social 4887
workers, social work assistants, independent marriage and family 4888
therapists, marriage and family therapists, licensed professional 4889
clinical counselors, and licensed professional counselors in 4890
recognizing the signs of domestic violence and its relationship to 4891
child abuse. Social workers, independent social workers, social 4892
work assistants, independent marriage and family therapists, 4893
marriage and family therapists, licensed professional clinical 4894
counselors, and licensed professional counselors are not required 4895
to take the courses.4896

       Sec. 4757.36.  (A) The appropriate professional standards 4897
committee of the counselor, social worker, and marriage and family 4898
therapist board may, in accordance with Chapter 119. of the 4899
Revised Code, take any action specified in division (B) of this 4900
section for any reason described in division (C) of this section4901
against an individual who has applied for or holds a license to 4902
practice as a professional clinical counselor, professional 4903
counselor, independent marriage and family therapist, marriage and 4904
family therapist, social worker, or independent social worker, or 4905
a certificate of registration to practice as a social work 4906
assistant, for any reason described in division (C) of this 4907
sectionissued under this chapter; a master's level counselor 4908
trainee, social worker trainee, or marriage and family therapist 4909
trainee; or an individual or entity that is registered, or has 4910
applied for registration, in accordance with rules adopted under 4911
section 4757.33 of the Revised Code to provide continuing 4912
education programs approved by the board.4913

       (B) In its imposition of sanctions against an individual or 4914
entity specified in division (A) of this section, the board may do 4915
any of the following:4916

       (1) Refuse to issue or refuse to renew a license or 4917
certificate of registration;4918

       (2) Suspend, revoke, or otherwise restrict a license or 4919
certificate of registration;4920

       (3) Reprimand an individual holding a license or certificate 4921
of registration;4922

       (4) Impose a fine in accordance with the graduated system of 4923
fines established by the board in rules adopted under section 4924
4757.10 of the Revised Code;4925

       (5) Require an individual holding a license or certificate of 4926
registration to take corrective action courses.4927

       (C) The appropriate professional standards committee of the 4928
board may take an action specified in division (B) of this section 4929
for any of the following reasons:4930

       (1) Commission of an act that violates any provision of this 4931
chapter or rules adopted under it;4932

       (2) Knowingly making a false statement on an application for 4933
licensure or registration, or for renewal of a license or 4934
certificate of registration;4935

       (3) Accepting a commission or rebate for referring persons to 4936
any professionals licensed, certified, or registered by any court 4937
or board, commission, department, division, or other agency of the 4938
state, including, but not limited to, individuals practicing 4939
counseling, social work, or marriage and family therapy or 4940
practicing in fields related to counseling, social work, or 4941
marriage and family therapy;4942

       (4) A failure to comply with section 4757.124757.13 of the 4943
Revised Code;4944

       (5) A conviction in this or any other state of a crime that 4945
is a felony in this state;4946

       (6) A failure to perform properly as a licensed professional 4947
clinical counselor, licensed professional counselor, independent 4948
marriage and family therapist, marriage and family therapist, 4949
social work assistant, social worker, or independent social worker 4950
due to the use of alcohol or other drugs or any other physical or 4951
mental condition;4952

       (7) A conviction in this state or in any other state of a 4953
misdemeanor committed in the course of practice as a licensed4954
professional clinical counselor, licensed professional counselor, 4955
independent marriage and family therapist, marriage and family 4956
therapist, social work assistant, social worker, or independent 4957
social worker;4958

       (8) Practicing outside the scope of practice applicable to 4959
that person;4960

       (9) Practicing in violation of the supervision requirements 4961
specified under sections 4757.21 and 4757.26, and division (E) of 4962
section 4757.30, of the Revised Code;4963

       (10) A violation of the person's code of ethical practice 4964
adopted by rule of the board pursuant to section 4757.11 of the 4965
Revised Code;4966

       (11) Revocation or suspension of a license or certificate of 4967
registration, other disciplinary action against a license holder 4968
or registration, or the voluntary surrender of a license or 4969
certificate of registration in another state or jurisdiction for 4970
an offense that would be a violation of this chapter.4971

       (D) A disciplinary action under division (B) of this section 4972
shall be taken pursuant to an adjudication under Chapter 119. of 4973
the Revised Code, except that in lieu of an adjudication, the 4974
appropriate professional standards committee may enter into a 4975
consent agreement with an individual or entity specified in 4976
division (A) of this section to resolve an allegation of a 4977
violation of this chapter or any rule adopted under it. A consent 4978
agreement, when ratified by the appropriate professional standards 4979
committee, constitutes the findings and order of the board with 4980
respect to the matter addressed in the agreement. If a committee 4981
refuses to ratify a consent agreement, the admissions and findings 4982
contained in the consent agreement are of no force or effect.4983

        (E) In any instance in which a professional standards 4984
committee of the board is required by Chapter 119. of the Revised 4985
Code to give notice of the opportunity for a hearing and the 4986
individual or entity subject to the notice does not timely request 4987
a hearing in accordance with section 119.07 of the Revised Code, 4988
the committee may adopt a final order that contains the board's 4989
findings. In that final order, the committee may order any of the 4990
sanctions identified in division (B) of this section.4991

        (F) One year or more after the date of suspension or 4992
revocation of a license or certificate of registration under this 4993
section, application may be made to the appropriate professional 4994
standards committee for reinstatement. The committee may accept4995
approve or refusedeny an application for reinstatement. If a 4996
license has been suspended or revoked, the committee may require 4997
an examination for reinstatement.4998

       (E)(G) On request of the board, the attorney general shall 4999
bring and prosecute to judgment a civil action to collect any fine 5000
imposed under division (B)(4) of this section that remains unpaid.5001

       (F)(H) All fines collected under division (B)(4) of this 5002
section shall be deposited into the state treasury to the credit 5003
of the occupational licensing and regulatory fund.5004

       Sec. 4757.37.  (A) An individual whom the counselor, social 5005
worker, and marriage and family therapist board licenses, 5006
certificates, or otherwise legally authorizes to engage in the 5007
practice of professional counseling, social work, or marriage and 5008
family therapy may render the professional services of a licensed 5009
professional clinical counselor, licensed professional counselor, 5010
independent social worker, social worker, independent marriage and 5011
family therapist, or marriage and family therapist within this 5012
state through a corporation formed under division (B) of section 5013
1701.03 of the Revised Code, a limited liability company formed 5014
under Chapter 1705. of the Revised Code, a partnership, or a 5015
professional association formed under Chapter 1785. of the Revised 5016
Code. This division does not preclude such an individual from 5017
rendering professional services as a licensed professional 5018
clinical counselor, licensed professional counselor, independent 5019
social worker, social worker, independent marriage and family 5020
therapist, or marriage and family therapist through another form 5021
of business entity, including, but not limited to, a nonprofit 5022
corporation or foundation, or in another manner that is authorized 5023
by or in accordance with this chapter, another chapter of the 5024
Revised Code, or rules of the counselor, social worker, and 5025
marriage and family therapist board adopted pursuant to this 5026
chapter.5027

       (B) A corporation, limited liability company, partnership, or 5028
professional association described in division (A) of this section 5029
may be formed for the purpose of providing a combination of the 5030
professional services of the following individuals who are 5031
licensed, certificated, or otherwise legally authorized to 5032
practice their respective professions:5033

       (1) Optometrists who are authorized to practice optometry 5034
under Chapter 4725. of the Revised Code;5035

       (2) Chiropractors who are authorized to practice chiropractic 5036
or acupuncture under Chapter 4734. of the Revised Code;5037

       (3) Psychologists who are authorized to practice psychology 5038
under Chapter 4732. of the Revised Code;5039

       (4) Registered or licensed practical nurses who are 5040
authorized to practice nursing as registered nurses or as licensed 5041
practical nurses under Chapter 4723. of the Revised Code;5042

       (5) Pharmacists who are authorized to practice pharmacy under 5043
Chapter 4729. of the Revised Code;5044

       (6) Physical therapists who are authorized to practice 5045
physical therapy under sections 4755.40 to 4755.56 of the Revised 5046
Code;5047

       (7) Occupational therapists who are authorized to practice 5048
occupational therapy under sections 4755.04 to 4755.13 of the 5049
Revised Code;5050

       (8) Mechanotherapists who are authorized to practice 5051
mechanotherapy under section 4731.151 of the Revised Code;5052

       (9) Doctors of medicine and surgery, osteopathic medicine and 5053
surgery, or podiatric medicine and surgery who are authorized for 5054
their respective practices under Chapter 4731. of the Revised 5055
Code;5056

       (10) Licensed professional clinical counselors, licensed 5057
professional counselors, independent social workers, social 5058
workers, independent marriage and family therapists, or marriage 5059
and family therapists who are authorized for their respective 5060
practices under this chapter.5061

        This division applies notwithstanding a provision of a code 5062
of ethics applicable to an individual who is a licensed 5063
professional clinical counselor, licensed professional counselor, 5064
independent social worker, social worker, independent marriage and 5065
family therapist, or marriage and family therapist that prohibits 5066
the individual from engaging in the individual's practice in 5067
combination with a person who is licensed, certificated, or 5068
otherwise legally authorized to practice optometry, chiropractic, 5069
acupuncture through the state chiropractic board, psychology, 5070
nursing, pharmacy, physical therapy, occupational therapy, 5071
mechanotherapy, medicine and surgery, osteopathic medicine and 5072
surgery, or podiatric medicine and surgery, but who is not also 5073
licensed, certificated, or otherwise legally authorized to engage 5074
in the practice of professional counseling, social work, or 5075
marriage and family therapy.5076

       Sec. 4757.38. (A) The counselor, social worker, and marriage 5077
and family therapist board shall investigate alleged violations of 5078
this chapter or the rules adopted under it and alleged 5079
irregularities in the delivery of services related to professional 5080
counseling, social work, or marriage and family therapy by persons 5081
licensed or registered under this chapter. As part of its conduct 5082
of an investigation, the board may issue subpoenas, examine 5083
witnesses, and administer oaths.5084

       (B) All of the following apply under this chapter with 5085
respect to the confidentiality of information:5086

        (1) Information received by the board pursuant to a complaint 5087
or an investigation is confidential and not subject to discovery 5088
in any civil action, except that the board may disclose 5089
information to law enforcement officers and government entities 5090
for purposes of an investigation of either an individual who holds 5091
a license or certificate of registration issued under this chapter 5092
or an individual or entity that may have engaged in the 5093
unauthorized practice of professional counseling, social work, or 5094
marriage and family therapy. No law enforcement officer or 5095
government entity with knowledge of any information disclosed by 5096
the board pursuant to this division shall divulge the information 5097
to any other person or government entity except for the purpose of 5098
a government investigation, a prosecution, or an adjudication by a 5099
court or government entity.5100

        (2) If an investigation requires a review of patient records, 5101
the investigation and proceeding shall be conducted in such a 5102
manner as to protect patient confidentiality.5103

        (3) All adjudications and investigations of the board are 5104
civil actions for the purposes of section 2305.252 of the Revised 5105
Code.5106

        (4) Any board activity that involves continued monitoring of 5107
an individual as part of or following any disciplinary action 5108
taken under section 4755.36 of the Revised Code shall be conducted 5109
in a manner that maintains the individual's confidentiality. 5110
Information received or maintained by the board with respect to 5111
the board's monitoring activities is not subject to discovery in 5112
any civil action and is confidential, except that the board may 5113
disclose information to law enforcement officers and government 5114
entities for purposes of an investigation of an individual holding 5115
a license or certificate of registration issued under this 5116
chapter.5117

        (C) The board may receive any information necessary to 5118
conduct an investigation under this section. If the board is 5119
investigating the provision of services to a couple or group, it 5120
is not necessary for both members of the couple or all members of 5121
the group to consent to the release of information relevant to the 5122
investigation.5123

       (D) The board shall ensure that all records it holds 5124
pertaining to an investigation remain confidential. The board 5125
shall adopt rules establishing procedures to be followed in 5126
maintaining the confidentiality of its investigative records. The 5127
rules shall be adopted in accordance with Chapter 119. of the 5128
Revised Code.5129

       Sec. 4757.41.  (A) This chapter shall not apply to the 5130
following:5131

       (1) A person certified by the state board of education under 5132
Chapter 3319. of the Revised Code while performing any services 5133
within the person's scope of employment by a board of education or 5134
by a private school meeting the standards prescribed by the state 5135
board of education under division (D) of section 3301.07 of the 5136
Revised Code or in a program operated under Chapter 5126. of the 5137
Revised Code for training individuals with mental retardation or 5138
other developmental disabilities;5139

       (2) Psychologists or school psychologists licensed under 5140
Chapter 4732. of the Revised Code;5141

       (3) Members of other professions licensed, certified, or 5142
registered by this state while performing services within the 5143
recognized scope, standards, and ethics of their respective 5144
professions;5145

       (4) Rabbis, priests, Christian science practitioners, clergy, 5146
or members of religious orders and other individuals participating 5147
with them in pastoral counseling when the counseling activities 5148
are within the scope of the performance of their regular or 5149
specialized ministerial duties and are performed under the 5150
auspices or sponsorship of an established and legally cognizable 5151
church, denomination, or sect or an integrated auxiliary of a 5152
church as defined in federal tax regulations, paragraph (g)(5) of 5153
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the 5154
service remains accountable to the established authority of that 5155
church, denomination, sect, or integrated auxiliary;5156

       (5) Any person who is not licensed under this chapter as a 5157
licensed professional clinical counselor, licensed professional 5158
counselor, independent social worker, or social worker and is5159
employed in the civil service as defined in section 124.01 of the 5160
Revised Code while engaging in social work or professional 5161
counseling or social work as a civil service employee, if on the 5162
effective date of this amendment the person has at least two years 5163
of service in that capacity;5164

       (6) A student in an accredited educational institution while 5165
carrying out activities that are part of the student's prescribed 5166
course of study if the activities are supervised as required by 5167
the educational institution and if the student does not hold 5168
herself or himself out as a person licensed or registered under 5169
this chapter;5170

        (7) Individuals who hold a license or certificate under 5171
Chapter 4758. of the Revised Code who are acting within the scope 5172
of their license or certificate as members of the profession of 5173
chemical dependency counseling or alcohol and other drug 5174
prevention services;5175

       (8) Any person employed by the American red cross while 5176
engaging in activities relating to services for military families 5177
and veterans and disaster relief, as described in the "American 5178
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as 5179
amended;5180

       (9) Members of labor organizations who hold union counselor 5181
certificates while performing services in their official capacity 5182
as union counselors;5183

       (10) Any person employed in a hospital as defined in section 5184
3727.01 of the Revised Code or in a nursing home as defined in 5185
section 3721.01 of the Revised Code while providing as a hospital 5186
employee or nursing home employee, respectively, social services 5187
other than counseling and the use of psychosocial interventions 5188
and social psychotherapy;5189

       (11) A vocational rehabilitation professional who is 5190
providing rehabilitation services to individuals under section 5191
3304.17 of the Revised Code, or holds certification by the 5192
commission on rehabilitation counselor certification and is 5193
providing rehabilitation counseling services consistent with the 5194
commission's standards;5195

       (12) A caseworker not licensed under this chapter as an 5196
independent social worker or social worker who is employed by a 5197
public children services agency under section 5153.112 of the 5198
Revised Code.5199

       (B) Divisions (A)(5), (8), and (10) of this section do not 5200
prevent a person described in those divisions from obtaining a 5201
license or certificate of registration under this chapter.5202

       (C) Except as provided in divisions (A) and (D) of this 5203
section, no employee in the service of the state, including public 5204
employees as defined by Chapter 4117. of the Revised Code, shall 5205
engage in the practice of professional counseling, social work, or 5206
marriage and family therapy without the appropriate license issued 5207
by the board. Failure to comply with this division constitutes 5208
nonfeasance under section 124.34 of the Revised Code or just cause 5209
under a collective bargaining agreement. Nothing in this division 5210
restricts the director of administrative services from developing 5211
new classifications related to this division or from reassigning 5212
affected employees to appropriate classifications based on the 5213
employee's duties and qualifications.5214

       (D) Except as provided in division (A) of this section, an 5215
employee who was engaged in the practice of professional 5216
counseling, social work, or marriage and family therapy in the 5217
service of the state prior to the effective date of this 5218
amendment, including public employees as defined by Chapter 4117. 5219
of the Revised Code, shall comply with division (C) of this 5220
section within two years after the effective date of this 5221
amendment. Any such employee who fails to comply shall be removed 5222
from employment.5223

       (E) Nothing in this chapter prevents a public children 5224
services agency from employing as a caseworker a person not 5225
licensed under this chapter as an independent social worker or 5226
social worker who has the qualifications specified in section 5227
5153.112 of the Revised Code.5228

       Sec. 4757.43.  Nothing in this chapter or the rules adopted 5229
under it shall be construed as authorizing a licensed professional 5230
clinical counselor, licensed professional counselor, independent 5231
marriage and family therapist, marriage and family therapist, 5232
independent social worker, social worker, or social work assistant 5233
to admit a patient to a hospital or as requiring a hospital to 5234
allow any of those individuals to admit a patient.5235

       Sec. 4758.40. An individual seeking an independent chemical 5236
dependency counselor license shall meet the requirements of 5237
division (A) or (B) of this section.5238

       (A) To meet the requirements of this division, an individual 5239
must meet all of the following requirements:5240

       (1) Hold from an accredited educational institution at least 5241
a master's degree in a behavioral science or nursing that meets 5242
the course requirements specified in rules adopted under section 5243
4758.20 of the Revised Code;5244

       (2) Have not less than two thousand hours of compensated work 5245
or supervised internship experience in any of the following, not 5246
less than four hundred hours of which are in chemical dependency 5247
counseling:5248

       (a) Chemical dependency services, substance abuse services, 5249
or both types of services;5250

       (b) The practice of psychology, as defined in section 4732.01 5251
of the Revised Code;5252

       (c) The practice of professional counseling, the practice of 5253
social work, or the practice of marriage and family therapy, all 5254
as defined in section 4757.01 of the Revised Code.5255

       (3) Have a minimum of one hundred eighty hours of training in 5256
chemical dependency that meets the requirements specified in rules 5257
adopted under section 4758.20 of the Revised Code;5258

       (4) Unless the individual holds a valid license, 5259
registration, certificate, or credentials issued under another 5260
chapter of the Revised Code that authorizes the individual to