As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 280

Representative Clyde 

Cosponsors: Representatives Antonio, Boyd, Budish, Carney, Fedor, Foley, Gerberry, Hagan, R., Heard, Letson, O'Brien, Phillips, Pillich, Ramos, Redfern, Sheehy, Stinziano, Williams 

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A BILL

To amend sections 109.921, 2317.56, 3125.18,

1

3701.027, 3702.30, 4731.22, 5101.35, 5101.46,

2

5101.461, 5101.80, 5101.801, and 5153.16 and to

3

repeal sections 2919.19, 2919.191, 2919.192,

4

2919.193, 3701.033, 3702.302, 3702.303, 3702.304,

5

3702.305, 3702.306, 3702.307, 3702.308, 5101.101,

6

and 5101.804 of the Revised Code to repeal certain

7

amendments and enactments included in Am. Sub.

8

H.B. 59 of the 130th General Assembly regarding

9

the Rape Crisis Program trust fund, the Ohio

10

Parenting and Pregnancy program, ambulatory

11

surgical facilities, abortion, and the

12

distribution of family planning services funds.

13

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

Section 1. That sections 109.921, 2317.56, 3125.18, 3701.027,	14
3702.30, 4731.22, 5101.35, 5101.46, 5101.461, 5101.80, 5101.801,	15
and 5153.16 of the Revised Code be amended to read as follows:	16

Sec. 109.921.  (A) As used in this section:

17

(1) "Rape crisis program" means any of the following:

18

(a) The nonprofit state sexual assault coalition designated	19
by the center for injury prevention and control of the federal	20
centers for disease control and prevention;	21

(b) A victim witness assistance program operated by a	22
prosecuting attorney;	23

(c) A program operated by a government-based or nonprofit	24
entity that provides a full continuum of services to victims of	25
sexual assault, including hotlines, victim advocacy, and support	26
services from the onset of the need for services through the	27
completion of healing, that does not provide medical services, and	28
that may refer victims to physicians for medical care but does not	29
engage in or refer for services for which the use of genetic	30
services funds is prohibited by section 3701.511 of the Revised	31
Code.	32

(2) "Sexual assault" means any of the following:

33

(a) A violation of section 2907.02, 2907.03, 2907.04,	34
2907.05, or former section 2907.12 of the Revised Code;	35

(b) A violation of an existing or former municipal ordinance	36
or law of this or any other state or the United States that is or	37
was substantially equivalent to any section listed in division	38
(A)(2)(a) of this section.	39

(B) There is hereby created in the state treasury the rape	40
crisis program trust fund, consisting of money paid into the fund	41
pursuant to sections 307.515 and 311.172 of the Revised Code and	42
any money appropriated to the fund by the general assembly or	43
donated to the fund. The attorney general shall administer the	44
fund. The attorney general may use not more than five per cent of	45
the money deposited or appropriated into the fund to pay costs	46
associated with administering this section and shall use at least	47
ninety-five per cent of the money deposited or appropriated into	48
the fund for the purpose of providing funding to rape crisis	49
programs under this section.	50

(C)(1) The attorney general shall adopt rules under Chapter	51
119. of the Revised Code that establish procedures for rape crisis	52
programs to apply to the attorney general for funding out of the	53
rape crisis program trust fund and procedures for the attorney	54
general to distribute money out of the fund to rape crisis	55
programs.	56

(2) The attorney general may decide upon an application for	57
funding out of the rape crisis program trust fund without a	58
hearing. A decision of the attorney general to grant or deny	59
funding is final and not appealable under Chapter 119. or any	60
other provision of the Revised Code.	61

(D) A rape crisis program that receives funding out of the	62
rape crisis program trust fund shall use the money received only	63
for the following purposes:	64

(1) If the program is the nonprofit state sexual assault	65
coalition, to provide training and technical assistance to service	66
providers;	67

(2) If the program is a victim witness assistance program, to	68
provide victims of sexual assault with hotlines, victim advocacy,	69
or support services;	70

(3) If the program is a government-based or nonprofit entity	71
that provides a full continuum of services to victims of sexual	72
assault, to provide those services and education to prevent sexual	73
assault.	74

Sec. 2317.56.  (A) As used in this section:

75

(1) "Medical emergency" has the same meaning as in section	76
2919.16 of the Revised Codemeans a condition of a pregnant woman	77
that, in the reasonable judgment of the physician who is attending	78
the woman, creates an immediate threat of serious risk to the life	79
or physical health of the woman from the continuation of the	80
pregnancy necessitating the immediate performance or inducement of	81
an abortion.	82

(2) "Medical necessity" means a medical condition of a	83
pregnant woman that, in the reasonable judgment of the physician	84
who is attending the woman, so complicates the pregnancy that it	85
necessitates the immediate performance or inducement of an	86
abortion.	87

(3) "Probable gestational age of the embryo or fetus" means	88
the gestational age that, in the judgment of a physician, is, with	89
reasonable probability, the gestational age of the embryo or fetus	90
at the time that the physician informs a pregnant woman pursuant	91
to division (B)(1)(b) of this section.	92

(B) Except when there is a medical emergency or medical	93
necessity, an abortion shall be performed or induced only if all	94
of the following conditions are satisfied:	95

(1) At least twenty-four hours prior to the performance or	96
inducement of the abortion, a physician meets with the pregnant	97
woman in person in an individual, private setting and gives her an	98
adequate opportunity to ask questions about the abortion that will	99
be performed or induced. At this meeting, the physician shall	100
inform the pregnant woman, verbally or, if she is hearing	101
impaired, by other means of communication, of all of the	102
following:	103

(a) The nature and purpose of the particular abortion	104
procedure to be used and the medical risks associated with that	105
procedure;	106

(b) The probable gestational age of the embryo or fetus;

107

(c) The medical risks associated with the pregnant woman	108
carrying the pregnancy to term.	109

The meeting need not occur at the facility where the abortion	110
is to be performed or induced, and the physician involved in the	111
meeting need not be affiliated with that facility or with the	112
physician who is scheduled to perform or induce the abortion.	113

(2) At least twenty-four hours prior to the performance or	114
inducement of the abortion, the physician who is to perform or	115
induce the abortion or the physician's agent doesone or more	116
physicians or one or more agents of one or more physicians do each	117
of the following in person, by telephone, by certified mail,	118
return receipt requested, or by regular mail evidenced by a	119
certificate of mailing:	120

(a) Inform the pregnant woman of the name of the physician	121
who is scheduled to perform or induce the abortion;	122

(b) Give the pregnant woman copies of the published materials	123
described in division (C) of this section;	124

(c) Inform the pregnant woman that the materials given	125
pursuant to division (B)(2)(b) of this section are published by	126
the state and that they describe the embryo or fetus and list	127
agencies that offer alternatives to abortion. The pregnant woman	128
may choose to examine or not to examine the materials. A physician	129
or an agent of a physician may choose to be disassociated from the	130
materials and may choose to comment or not comment on the	131
materials.	132

(3) If it has been determined that the unborn human	133
individual the pregnant woman is carrying has a detectable	134
heartbeat, the physician who is to perform or induce the abortion	135
shall comply with the informed consent requirements in section	136
2919.192 of the Revised Code in addition to complying with the	137
informed consent requirements in divisions (B)(1), (2), (4), and	138
(5) of this section.	139

(4) Prior to the performance or inducement of the abortion,	140
the pregnant woman signs a form consenting to the abortion and	141
certifies both of the following on that form:	142

(a) She has received the information and materials described	143
in divisions (B)(1) and (2) of this section, and her questions	144
about the abortion that will be performed or induced have been	145
answered in a satisfactory manner.	146

(b) She consents to the particular abortion voluntarily,	147
knowingly, intelligently, and without coercion by any person, and	148
she is not under the influence of any drug of abuse or alcohol.	149

The form shall contain the name and contact information of	150
the physician who provided to the pregnant woman the information	151
described in division (B)(1) of this section.	152

(5)(4) Prior to the performance or inducement of the	153
abortion, the physician who is scheduled to perform or induce the	154
abortion or the physician's agent receives a copy of the pregnant	155
woman's signed form on which she consents to the abortion and that	156
includes the certification required by division (B)(4)(3) of this	157
section.	158

(C) The department of health shall publish in English and in	159
Spanish, in a typeface large enough to be clearly legible, and in	160
an easily comprehensible format, the following materials on the	161
department's web site:	162

(1) Materials that inform the pregnant woman about family	163
planning information, of publicly funded agencies that are	164
available to assist in family planning, and of public and private	165
agencies and services that are available to assist her through the	166
pregnancy, upon childbirth, and while the child is dependent,	167
including, but not limited to, adoption agencies. The materials	168
shall be geographically indexed; include a comprehensive list of	169
the available agencies, a description of the services offered by	170
the agencies, and the telephone numbers and addresses of the	171
agencies; and inform the pregnant woman about available medical	172
assistance benefits for prenatal care, childbirth, and neonatal	173
care and about the support obligations of the father of a child	174
who is born alive. The department shall ensure that the materials	175
described in division (C)(1) of this section are comprehensive and	176
do not directly or indirectly promote, exclude, or discourage the	177
use of any agency or service described in this division.	178

(2) Materials that inform the pregnant woman of the probable	179
anatomical and physiological characteristics of the zygote,	180
blastocyte, embryo, or fetus at two-week gestational increments	181
for the first sixteen weeks of pregnancy and at four-week	182
gestational increments from the seventeenth week of pregnancy to	183
full term, including any relevant information regarding the time	184
at which the fetus possibly would be viable. The department shall	185
cause these materials to be published only after it consults with	186
the Ohio state medical association and the Ohio section of the	187
American college of obstetricians and gynecologists relative to	188
the probable anatomical and physiological characteristics of a	189
zygote, blastocyte, embryo, or fetus at the various gestational	190
increments. The materials shall use language that is	191
understandable by the average person who is not medically trained,	192
shall be objective and nonjudgmental, and shall include only	193
accurate scientific information about the zygote, blastocyte,	194
embryo, or fetus at the various gestational increments. If the	195
materials use a pictorial, photographic, or other depiction to	196
provide information regarding the zygote, blastocyte, embryo, or	197
fetus, the materials shall include, in a conspicuous manner, a	198
scale or other explanation that is understandable by the average	199
person and that can be used to determine the actual size of the	200
zygote, blastocyte, embryo, or fetus at a particular gestational	201
increment as contrasted with the depicted size of the zygote,	202
blastocyte, embryo, or fetus at that gestational increment.	203

(D) Upon the submission of a request to the department of	204
health by any person, hospital, physician, or medical facility for	205
one copy of the materials published in accordance with division	206
(C) of this section, the department shall make the requested copy	207
of the materials available to the person, hospital, physician, or	208
medical facility that requested the copy.	209

(E) If a medical emergency or medical necessity compels the	210
performance or inducement of an abortion, the physician who will	211
perform or induce the abortion, prior to its performance or	212
inducement if possible, shall inform the pregnant woman of the	213
medical indications supporting the physician's judgment that an	214
immediate abortion is necessary. Any physician who performs or	215
induces an abortion without the prior satisfaction of the	216
conditions specified in division (B) of this section because of a	217
medical emergency or medical necessity shall enter the reasons for	218
the conclusion that a medical emergency or medical necessity	219
exists in the medical record of the pregnant woman.	220

(F) If the conditions specified in division (B) of this	221
section are satisfied, consent to an abortion shall be presumed to	222
be valid and effective.	223

(G) The performance or inducement of an abortion without the	224
prior satisfaction of the conditions specified in division (B) of	225
this section does not constitute, and shall not be construed as	226
constituting, a violation of division (A) of section 2919.12 of	227
the Revised Code. The failure of a physician to satisfy the	228
conditions of division (B) of this section prior to performing or	229
inducing an abortion upon a pregnant woman may be the basis of	230
both of the following:	231

(1) A civil action for compensatory and exemplary damages as	232
described in division (H) of this section;	233

(2) Disciplinary action under section 4731.22 of the Revised	234
Code.	235

(H)(1) Subject to divisions (H)(2) and (3) of this section,	236
any physician who performs or induces an abortion with actual	237
knowledge that the conditions specified in division (B) of this	238
section have not been satisfied or with a heedless indifference as	239
to whether those conditions have been satisfied is liable in	240
compensatory and exemplary damages in a civil action to any	241
person, or the representative of the estate of any person, who	242
sustains injury, death, or loss to person or property as a result	243
of the failure to satisfy those conditions. In the civil action,	244
the court additionally may enter any injunctive or other equitable	245
relief that it considers appropriate.	246

(2) The following shall be affirmative defenses in a civil	247
action authorized by division (H)(1) of this section:	248

(a) The physician performed or induced the abortion under the	249
circumstances described in division (E) of this section.	250

(b) The physician made a good faith effort to satisfy the	251
conditions specified in division (B) of this section.	252

(3) An employer or other principal is not liable in damages	253
in a civil action authorized by division (H)(1) of this section on	254
the basis of the doctrine of respondeat superior unless either of	255
the following applies:	256

(a) The employer or other principal had actual knowledge or,	257
by the exercise of reasonable diligence, should have known that an	258
employee or agent performed or induced an abortion with actual	259
knowledge that the conditions specified in division (B) of this	260
section had not been satisfied or with a heedless indifference as	261
to whether those conditions had been satisfied.	262

(b) The employer or other principal negligently failed to	263
secure the compliance of an employee or agent with division (B) of	264
this section.	265

(4) Notwithstanding division (E) of section 2919.12 of the	266
Revised Code, the civil action authorized by division (H)(1) of	267
this section shall be the exclusive civil remedy for persons, or	268
the representatives of estates of persons, who allegedly sustain	269
injury, death, or loss to person or property as a result of a	270
failure to satisfy the conditions specified in division (B) of	271
this section.	272

(I) The department of job and family services shall prepare	273
and conduct a public information program to inform women of all	274
available governmental programs and agencies that provide services	275
or assistance for family planning, prenatal care, child care, or	276
alternatives to abortion.	277

Sec. 3125.18. A child support enforcement agency shall	278
administer a Title IV-A program identified under division	279
(A)(4)(c) or (g)(f) of section 5101.80 of the Revised Code that	280
the department of job and family services provides for the agency	281
to administer under the department's supervision pursuant to	282
section 5101.801 of the Revised Code.	283

Sec. 3701.027.  The department of health shall administer	284
funds received from the "Maternal and Child Health Block Grant,"	285
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	286
U.S.C.A. 701, as amended, for programs including the program for	287
medically handicapped children, and to provide technical	288
assistance and consultation to city and general health districts	289
and local health planning organizations in implementing local,	290
community-based, family-centered, coordinated systems of care for	291
medically handicapped children. The department may make grants to	292
persons and other entities for the provision of services with the	293
funds. In addition, the department may use the funds to purchase	294
liability insurance covering the provision of services under the	295
programs by physicians and other health care professionals, and to	296
pay health insurance premiums on behalf of medically handicapped	297
children participating in the program for medically handicapped	298
children when the department determines, in accordance with	299
criteria set forth in rules adopted under division (A)(9) of	300
section 3701.021 of the Revised Code, that payment of the premiums	301
is cost effective.	302

In determining eligibility for services provided with funds	303
received from the "Maternal and Child Health Block Grant," the	304
department may use the application form established under section	305
5163.40 of the Revised Code. The department may require applicants	306
to furnish their social security numbers. Funds from the "Maternal	307
and Child Health Block Grant" that are administered for the	308
purpose of providing family planning services shall be distributed	309
in accordance with section 3701.033 of the Revised Code.	310

Sec. 3702.30.  (A) As used in this section:

311

(1) "Ambulatory surgical facility" means a facility, whether	312
or not part of the same organization as a hospital, that is	313
located in a building distinct from another in which inpatient	314
care is provided, and to which any of the following apply:	315

(a) Outpatient surgery is routinely performed in the	316
facility, and the facility functions separately from a hospital's	317
inpatient surgical service and from the offices of private	318
physicians, podiatrists, and dentists.	319

(b) Anesthesia is administered in the facility by an	320
anesthesiologist or certified registered nurse anesthetist, and	321
the facility functions separately from a hospital's inpatient	322
surgical service and from the offices of private physicians,	323
podiatrists, and dentists.	324

(c) The facility applies to be certified by the United States	325
centers for medicare and medicaid services as an ambulatory	326
surgical center for purposes of reimbursement under Part B of the	327
medicare program, Part B of Title XVIII of the "Social Security	328
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	329

(d) The facility applies to be certified by a national	330
accrediting body approved by the centers for medicare and medicaid	331
services for purposes of deemed compliance with the conditions for	332
participating in the medicare program as an ambulatory surgical	333
center.	334

(e) The facility bills or receives from any third-party	335
payer, governmental health care program, or other person or	336
government entity any ambulatory surgical facility fee that is	337
billed or paid in addition to any fee for professional services.	338

(f) The facility is held out to any person or government	339
entity as an ambulatory surgical facility or similar facility by	340
means of signage, advertising, or other promotional efforts.	341

"Ambulatory surgical facility" does not include a hospital	342
emergency department.	343

(2) "Ambulatory surgical facility fee" means a fee for	344
certain overhead costs associated with providing surgical services	345
in an outpatient setting. A fee is an ambulatory surgical facility	346
fee only if it directly or indirectly pays for costs associated	347
with any of the following:	348

(a) Use of operating and recovery rooms, preparation areas,	349
and waiting rooms and lounges for patients and relatives;	350

(b) Administrative functions, record keeping, housekeeping,	351
utilities, and rent;	352

(c) Services provided by nurses, orderlies, technical	353
personnel, and others involved in patient care related to	354
providing surgery.	355

"Ambulatory surgical facility fee" does not include any	356
additional payment in excess of a professional fee that is	357
provided to encourage physicians, podiatrists, and dentists to	358
perform certain surgical procedures in their office or their group	359
practice's office rather than a health care facility, if the	360
purpose of the additional fee is to compensate for additional cost	361
incurred in performing office-based surgery.	362

(3) "Governmental health care program" has the same meaning	363
as in section 4731.65 of the Revised Code.	364

(4) "Health care facility" means any of the following:

365

(a) An ambulatory surgical facility;

366

(b) A freestanding dialysis center;

367

(c) A freestanding inpatient rehabilitation facility;

368

(d) A freestanding birthing center;

369

(e) A freestanding radiation therapy center;

370

(f) A freestanding or mobile diagnostic imaging center.

371

(5) "Third-party payer" has the same meaning as in section	372
3901.38 of the Revised Code.	373

(B) By rule adopted in accordance with sections 3702.12 and	374
3702.13 of the Revised Code, the director of health shall	375
establish quality standards for health care facilities. The	376
standards may incorporate accreditation standards or other quality	377
standards established by any entity recognized by the director.	378

In the case of an ambulatory surgical facility, the standards	379
shall require the ambulatory surgical facility to maintain an	380
infection control program. The purposes of the program are to	381
minimize infections and communicable diseases and facilitate a	382
functional and sanitary environment consistent with standards of	383
professional practice. To achieve these purposes, ambulatory	384
surgical facility staff managing the program shall create and	385
administer a plan designed to prevent, identify, and manage	386
infections and communicable diseases; ensure that the program is	387
directed by a qualified professional trained in infection control;	388
ensure that the program is an integral part of the ambulatory	389
surgical facility's quality assessment and performance improvement	390
program; and implement in an expeditious manner corrective and	391
preventive measures that result in improvement.	392

(C) Every ambulatory surgical facility shall require that	393
each physician who practices at the facility comply with all	394
relevant provisions in the Revised Code that relate to the	395
obtaining of informed consent from a patient.	396

(D) The director shall issue a license to each health care	397
facility that makes application for a license and demonstrates to	398
the director that it meets the quality standards established by	399
the rules adopted under division (B) of this section and satisfies	400
the informed consent compliance requirements specified in division	401
(C) of this section.	402

(E)(1) Except as provided in division (H) of this section and	403
in section 3702.301 of the Revised Code, no health care facility	404
shall operate without a license issued under this section.	405

(2) If the department of health finds that a physician who	406
practices at a health care facility is not complying with any	407
provision of the Revised Code related to the obtaining of informed	408
consent from a patient, the department shall report its finding to	409
the state medical board, the physician, and the health care	410
facility.	411

(3) This division does not create, and shall not be construed	412
as creating, a new cause of action or substantive legal right	413
against a health care facility and in favor of a patient who	414
allegedly sustains harm as a result of the failure of the	415
patient's physician to obtain informed consent from the patient	416
prior to performing a procedure on or otherwise caring for the	417
patient in the health care facility.	418

(F) The rules adopted under division (B) of this section	419
shall include all of the following:	420

(1) Provisions governing application for, renewal,	421
suspension, and revocation of a license under this section;	422

(2) Provisions governing orders issued pursuant to section	423
3702.32 of the Revised Code for a health care facility to cease	424
its operations or to prohibit certain types of services provided	425
by a health care facility;	426

(3) Provisions governing the imposition under section 3702.32	427
of the Revised Code of civil penalties for violations of this	428
section or the rules adopted under this section, including a scale	429
for determining the amount of the penalties;	430

(4) Provisions specifying the form inspectors must use when	431
conducting inspections of ambulatory surgical facilities.	432

(G) An ambulatory surgical facility that performs or induces	433
abortions shall comply with section 3701.791 of the Revised Code.	434

(H) The following entities are not required to obtain a	435
license as a freestanding diagnostic imaging center issued under	436
this section:	437

(1) A hospital registered under section 3701.07 of the	438
Revised Code that provides diagnostic imaging;	439

(2) An entity that is reviewed as part of a hospital	440
accreditation or certification program and that provides	441
diagnostic imaging;	442

(3) An ambulatory surgical facility that provides diagnostic	443
imaging in conjunction with or during any portion of a surgical	444
procedure.	445

Sec. 4731.22.  (A) The state medical board, by an affirmative	446
vote of not fewer than six of its members, may limit, revoke, or	447
suspend an individual's certificate to practice, refuse to grant a	448
certificate to an individual, refuse to register an individual,	449
refuse to reinstate a certificate, or reprimand or place on	450
probation the holder of a certificate if the individual or	451
certificate holder is found by the board to have committed fraud	452
during the administration of the examination for a certificate to	453
practice or to have committed fraud, misrepresentation, or	454
deception in applying for or securing any certificate to practice	455
or certificate of registration issued by the board.	456

(B) The board, by an affirmative vote of not fewer than six	457
members, shall, to the extent permitted by law, limit, revoke, or	458
suspend an individual's certificate to practice, refuse to	459
register an individual, refuse to reinstate a certificate, or	460
reprimand or place on probation the holder of a certificate for	461
one or more of the following reasons:	462

(1) Permitting one's name or one's certificate to practice or	463
certificate of registration to be used by a person, group, or	464
corporation when the individual concerned is not actually	465
directing the treatment given;	466

(2) Failure to maintain minimal standards applicable to the	467
selection or administration of drugs, or failure to employ	468
acceptable scientific methods in the selection of drugs or other	469
modalities for treatment of disease;	470

(3) Selling, giving away, personally furnishing, prescribing,	471
or administering drugs for other than legal and legitimate	472
therapeutic purposes or a plea of guilty to, a judicial finding of	473
guilt of, or a judicial finding of eligibility for intervention in	474
lieu of conviction of, a violation of any federal or state law	475
regulating the possession, distribution, or use of any drug;	476

(4) Willfully betraying a professional confidence.

477

For purposes of this division, "willfully betraying a	478
professional confidence" does not include providing any	479
information, documents, or reports to a child fatality review	480
board under sections 307.621 to 307.629 of the Revised Code and	481
does not include the making of a report of an employee's use of a	482
drug of abuse, or a report of a condition of an employee other	483
than one involving the use of a drug of abuse, to the employer of	484
the employee as described in division (B) of section 2305.33 of	485
the Revised Code. Nothing in this division affects the immunity	486
from civil liability conferred by that section upon a physician	487
who makes either type of report in accordance with division (B) of	488
that section. As used in this division, "employee," "employer,"	489
and "physician" have the same meanings as in section 2305.33 of	490
the Revised Code.	491

(5) Making a false, fraudulent, deceptive, or misleading	492
statement in the solicitation of or advertising for patients; in	493
relation to the practice of medicine and surgery, osteopathic	494
medicine and surgery, podiatric medicine and surgery, or a limited	495
branch of medicine; or in securing or attempting to secure any	496
certificate to practice or certificate of registration issued by	497
the board.	498

As used in this division, "false, fraudulent, deceptive, or	499
misleading statement" means a statement that includes a	500
misrepresentation of fact, is likely to mislead or deceive because	501
of a failure to disclose material facts, is intended or is likely	502
to create false or unjustified expectations of favorable results,	503
or includes representations or implications that in reasonable	504
probability will cause an ordinarily prudent person to	505
misunderstand or be deceived.	506

(6) A departure from, or the failure to conform to, minimal	507
standards of care of similar practitioners under the same or	508
similar circumstances, whether or not actual injury to a patient	509
is established;	510

(7) Representing, with the purpose of obtaining compensation	511
or other advantage as personal gain or for any other person, that	512
an incurable disease or injury, or other incurable condition, can	513
be permanently cured;	514

(8) The obtaining of, or attempting to obtain, money or	515
anything of value by fraudulent misrepresentations in the course	516
of practice;	517

(9) A plea of guilty to, a judicial finding of guilt of, or a	518
judicial finding of eligibility for intervention in lieu of	519
conviction for, a felony;	520

(10) Commission of an act that constitutes a felony in this	521
state, regardless of the jurisdiction in which the act was	522
committed;	523

(11) A plea of guilty to, a judicial finding of guilt of, or	524
a judicial finding of eligibility for intervention in lieu of	525
conviction for, a misdemeanor committed in the course of practice;	526

(12) Commission of an act in the course of practice that	527
constitutes a misdemeanor in this state, regardless of the	528
jurisdiction in which the act was committed;	529

(13) A plea of guilty to, a judicial finding of guilt of, or	530
a judicial finding of eligibility for intervention in lieu of	531
conviction for, a misdemeanor involving moral turpitude;	532

(14) Commission of an act involving moral turpitude that	533
constitutes a misdemeanor in this state, regardless of the	534
jurisdiction in which the act was committed;	535

(15) Violation of the conditions of limitation placed by the	536
board upon a certificate to practice;	537

(16) Failure to pay license renewal fees specified in this	538
chapter;	539

(17) Except as authorized in section 4731.31 of the Revised	540
Code, engaging in the division of fees for referral of patients,	541
or the receiving of a thing of value in return for a specific	542
referral of a patient to utilize a particular service or business;	543

(18) Subject to section 4731.226 of the Revised Code,	544
violation of any provision of a code of ethics of the American	545
medical association, the American osteopathic association, the	546
American podiatric medical association, or any other national	547
professional organizations that the board specifies by rule. The	548
state medical board shall obtain and keep on file current copies	549
of the codes of ethics of the various national professional	550
organizations. The individual whose certificate is being suspended	551
or revoked shall not be found to have violated any provision of a	552
code of ethics of an organization not appropriate to the	553
individual's profession.	554

For purposes of this division, a "provision of a code of	555
ethics of a national professional organization" does not include	556
any provision that would preclude the making of a report by a	557
physician of an employee's use of a drug of abuse, or of a	558
condition of an employee other than one involving the use of a	559
drug of abuse, to the employer of the employee as described in	560
division (B) of section 2305.33 of the Revised Code. Nothing in	561
this division affects the immunity from civil liability conferred	562
by that section upon a physician who makes either type of report	563
in accordance with division (B) of that section. As used in this	564
division, "employee," "employer," and "physician" have the same	565
meanings as in section 2305.33 of the Revised Code.	566

(19) Inability to practice according to acceptable and	567
prevailing standards of care by reason of mental illness or	568
physical illness, including, but not limited to, physical	569
deterioration that adversely affects cognitive, motor, or	570
perceptive skills.	571

In enforcing this division, the board, upon a showing of a	572
possible violation, may compel any individual authorized to	573
practice by this chapter or who has submitted an application	574
pursuant to this chapter to submit to a mental examination,	575
physical examination, including an HIV test, or both a mental and	576
a physical examination. The expense of the examination is the	577
responsibility of the individual compelled to be examined. Failure	578
to submit to a mental or physical examination or consent to an HIV	579
test ordered by the board constitutes an admission of the	580
allegations against the individual unless the failure is due to	581
circumstances beyond the individual's control, and a default and	582
final order may be entered without the taking of testimony or	583
presentation of evidence. If the board finds an individual unable	584
to practice because of the reasons set forth in this division, the	585
board shall require the individual to submit to care, counseling,	586
or treatment by physicians approved or designated by the board, as	587
a condition for initial, continued, reinstated, or renewed	588
authority to practice. An individual affected under this division	589
shall be afforded an opportunity to demonstrate to the board the	590
ability to resume practice in compliance with acceptable and	591
prevailing standards under the provisions of the individual's	592
certificate. For the purpose of this division, any individual who	593
applies for or receives a certificate to practice under this	594
chapter accepts the privilege of practicing in this state and, by	595
so doing, shall be deemed to have given consent to submit to a	596
mental or physical examination when directed to do so in writing	597
by the board, and to have waived all objections to the	598
admissibility of testimony or examination reports that constitute	599
a privileged communication.	600

(20) Except when civil penalties are imposed under section	601
4731.225 or 4731.281 of the Revised Code, and subject to section	602
4731.226 of the Revised Code, violating or attempting to violate,	603
directly or indirectly, or assisting in or abetting the violation	604
of, or conspiring to violate, any provisions of this chapter or	605
any rule promulgated by the board.	606

This division does not apply to a violation or attempted	607
violation of, assisting in or abetting the violation of, or a	608
conspiracy to violate, any provision of this chapter or any rule	609
adopted by the board that would preclude the making of a report by	610
a physician of an employee's use of a drug of abuse, or of a	611
condition of an employee other than one involving the use of a	612
drug of abuse, to the employer of the employee as described in	613
division (B) of section 2305.33 of the Revised Code. Nothing in	614
this division affects the immunity from civil liability conferred	615
by that section upon a physician who makes either type of report	616
in accordance with division (B) of that section. As used in this	617
division, "employee," "employer," and "physician" have the same	618
meanings as in section 2305.33 of the Revised Code.	619

(21) The violation of section 3701.79 of the Revised Code or	620
of any abortion rule adopted by the public health council pursuant	621
to section 3701.341 of the Revised Code;	622

(22) Any of the following actions taken by an agency	623
responsible for authorizing, certifying, or regulating an	624
individual to practice a health care occupation or provide health	625
care services in this state or another jurisdiction, for any	626
reason other than the nonpayment of fees: the limitation,	627
revocation, or suspension of an individual's license to practice;	628
acceptance of an individual's license surrender; denial of a	629
license; refusal to renew or reinstate a license; imposition of	630
probation; or issuance of an order of censure or other reprimand;	631

(23) The violation of section 2919.12 of the Revised Code or	632
the performance or inducement of an abortion upon a pregnant woman	633
with actual knowledge that the conditions specified in division	634
(B) of section 2317.56 of the Revised Code have not been satisfied	635
or with a heedless indifference as to whether those conditions	636
have been satisfied, unless an affirmative defense as specified in	637
division (H)(2) of that section would apply in a civil action	638
authorized by division (H)(1) of that section;	639

(24) The revocation, suspension, restriction, reduction, or	640
termination of clinical privileges by the United States department	641
of defense or department of veterans affairs or the termination or	642
suspension of a certificate of registration to prescribe drugs by	643
the drug enforcement administration of the United States	644
department of justice;	645

(25) Termination or suspension from participation in the	646
medicare or medicaid programs by the department of health and	647
human services or other responsible agency for any act or acts	648
that also would constitute a violation of division (B)(2), (3),	649
(6), (8), or (19) of this section;	650

(26) Impairment of ability to practice according to	651
acceptable and prevailing standards of care because of habitual or	652
excessive use or abuse of drugs, alcohol, or other substances that	653
impair ability to practice.	654

For the purposes of this division, any individual authorized	655
to practice by this chapter accepts the privilege of practicing in	656
this state subject to supervision by the board. By filing an	657
application for or holding a certificate to practice under this	658
chapter, an individual shall be deemed to have given consent to	659
submit to a mental or physical examination when ordered to do so	660
by the board in writing, and to have waived all objections to the	661
admissibility of testimony or examination reports that constitute	662
privileged communications.	663

If it has reason to believe that any individual authorized to	664
practice by this chapter or any applicant for certification to	665
practice suffers such impairment, the board may compel the	666
individual to submit to a mental or physical examination, or both.	667
The expense of the examination is the responsibility of the	668
individual compelled to be examined. Any mental or physical	669
examination required under this division shall be undertaken by a	670
treatment provider or physician who is qualified to conduct the	671
examination and who is chosen by the board.	672

Failure to submit to a mental or physical examination ordered	673
by the board constitutes an admission of the allegations against	674
the individual unless the failure is due to circumstances beyond	675
the individual's control, and a default and final order may be	676
entered without the taking of testimony or presentation of	677
evidence. If the board determines that the individual's ability to	678
practice is impaired, the board shall suspend the individual's	679
certificate or deny the individual's application and shall require	680
the individual, as a condition for initial, continued, reinstated,	681
or renewed certification to practice, to submit to treatment.	682

Before being eligible to apply for reinstatement of a	683
certificate suspended under this division, the impaired	684
practitioner shall demonstrate to the board the ability to resume	685
practice in compliance with acceptable and prevailing standards of	686
care under the provisions of the practitioner's certificate. The	687
demonstration shall include, but shall not be limited to, the	688
following:	689

(a) Certification from a treatment provider approved under	690
section 4731.25 of the Revised Code that the individual has	691
successfully completed any required inpatient treatment;	692

(b) Evidence of continuing full compliance with an aftercare	693
contract or consent agreement;	694

(c) Two written reports indicating that the individual's	695
ability to practice has been assessed and that the individual has	696
been found capable of practicing according to acceptable and	697
prevailing standards of care. The reports shall be made by	698
individuals or providers approved by the board for making the	699
assessments and shall describe the basis for their determination.	700

The board may reinstate a certificate suspended under this	701
division after that demonstration and after the individual has	702
entered into a written consent agreement.	703

When the impaired practitioner resumes practice, the board	704
shall require continued monitoring of the individual. The	705
monitoring shall include, but not be limited to, compliance with	706
the written consent agreement entered into before reinstatement or	707
with conditions imposed by board order after a hearing, and, upon	708
termination of the consent agreement, submission to the board for	709
at least two years of annual written progress reports made under	710
penalty of perjury stating whether the individual has maintained	711
sobriety.	712

(27) A second or subsequent violation of section 4731.66 or	713
4731.69 of the Revised Code;	714

(28) Except as provided in division (N) of this section:

715

(a) Waiving the payment of all or any part of a deductible or	716
copayment that a patient, pursuant to a health insurance or health	717
care policy, contract, or plan that covers the individual's	718
services, otherwise would be required to pay if the waiver is used	719
as an enticement to a patient or group of patients to receive	720
health care services from that individual;	721

(b) Advertising that the individual will waive the payment of	722
all or any part of a deductible or copayment that a patient,	723
pursuant to a health insurance or health care policy, contract, or	724
plan that covers the individual's services, otherwise would be	725
required to pay.	726

(29) Failure to use universal blood and body fluid	727
precautions established by rules adopted under section 4731.051 of	728
the Revised Code;	729

(30) Failure to provide notice to, and receive acknowledgment	730
of the notice from, a patient when required by section 4731.143 of	731
the Revised Code prior to providing nonemergency professional	732
services, or failure to maintain that notice in the patient's	733
file;	734

(31) Failure of a physician supervising a physician assistant	735
to maintain supervision in accordance with the requirements of	736
Chapter 4730. of the Revised Code and the rules adopted under that	737
chapter;	738

(32) Failure of a physician or podiatrist to enter into a	739
standard care arrangement with a clinical nurse specialist,	740
certified nurse-midwife, or certified nurse practitioner with whom	741
the physician or podiatrist is in collaboration pursuant to	742
section 4731.27 of the Revised Code or failure to fulfill the	743
responsibilities of collaboration after entering into a standard	744
care arrangement;	745

(33) Failure to comply with the terms of a consult agreement	746
entered into with a pharmacist pursuant to section 4729.39 of the	747
Revised Code;	748

(34) Failure to cooperate in an investigation conducted by	749
the board under division (F) of this section, including failure to	750
comply with a subpoena or order issued by the board or failure to	751
answer truthfully a question presented by the board in an	752
investigative interview, an investigative office conference, at a	753
deposition, or in written interrogatories, except that failure to	754
cooperate with an investigation shall not constitute grounds for	755
discipline under this section if a court of competent jurisdiction	756
has issued an order that either quashes a subpoena or permits the	757
individual to withhold the testimony or evidence in issue;	758

(35) Failure to supervise an oriental medicine practitioner	759
or acupuncturist in accordance with Chapter 4762. of the Revised	760
Code and the board's rules for providing that supervision;	761

(36) Failure to supervise an anesthesiologist assistant in	762
accordance with Chapter 4760. of the Revised Code and the board's	763
rules for supervision of an anesthesiologist assistant;	764

(37) Assisting suicide as defined in section 3795.01 of the	765
Revised Code;	766

(38) Failure to comply with the requirements of section	767
2317.561 of the Revised Code;	768

(39) Failure to supervise a radiologist assistant in	769
accordance with Chapter 4774. of the Revised Code and the board's	770
rules for supervision of radiologist assistants;	771

(40) Performing or inducing an abortion at an office or	772
facility with knowledge that the office or facility fails to post	773
the notice required under section 3701.791 of the Revised Code;	774

(41) Failure to comply with the standards and procedures	775
established in rules under section 4731.054 of the Revised Code	776
for the operation of or the provision of care at a pain management	777
clinic;	778

(42) Failure to comply with the standards and procedures	779
established in rules under section 4731.054 of the Revised Code	780
for providing supervision, direction, and control of individuals	781
at a pain management clinic;	782

(43) Failure to comply with the requirements of section	783
4729.79 of the Revised Code, unless the state board of pharmacy no	784
longer maintains a drug database pursuant to section 4729.75 of	785
the Revised Code;	786

(44) Failure to comply with the requirements of section	787
2919.171 of the Revised Code or failure to submit to the	788
department of health in accordance with a court order a complete	789
report as described in section 2919.171 of the Revised Code;	790

(45) Practicing at a facility that is subject to licensure as	791
a category III terminal distributor of dangerous drugs with a pain	792
management clinic classification unless the person operating the	793
facility has obtained and maintains the license with the	794
classification;	795

(46) Owning a facility that is subject to licensure as a	796
category III terminal distributor of dangerous drugs with a pain	797
management clinic classification unless the facility is licensed	798
with the classification;	799

(47) Failure to comply with the requirement regarding	800
maintaining notes described in division (B) of section 2919.191 of	801
the Revised Code or failure to satisfy the requirements of section	802
2919.191 of the Revised Code prior to performing or inducing an	803
abortion upon a pregnant woman.	804

(C) Disciplinary actions taken by the board under divisions	805
(A) and (B) of this section shall be taken pursuant to an	806
adjudication under Chapter 119. of the Revised Code, except that	807
in lieu of an adjudication, the board may enter into a consent	808
agreement with an individual to resolve an allegation of a	809
violation of this chapter or any rule adopted under it. A consent	810
agreement, when ratified by an affirmative vote of not fewer than	811
six members of the board, shall constitute the findings and order	812
of the board with respect to the matter addressed in the	813
agreement. If the board refuses to ratify a consent agreement, the	814
admissions and findings contained in the consent agreement shall	815
be of no force or effect.	816

A telephone conference call may be utilized for ratification	817
of a consent agreement that revokes or suspends an individual's	818
certificate to practice. The telephone conference call shall be	819
considered a special meeting under division (F) of section 121.22	820
of the Revised Code.	821

If the board takes disciplinary action against an individual	822
under division (B) of this section for a second or subsequent plea	823
of guilty to, or judicial finding of guilt of, a violation of	824
section 2919.123 of the Revised Code, the disciplinary action	825
shall consist of a suspension of the individual's certificate to	826
practice for a period of at least one year or, if determined	827
appropriate by the board, a more serious sanction involving the	828
individual's certificate to practice. Any consent agreement	829
entered into under this division with an individual that pertains	830
to a second or subsequent plea of guilty to, or judicial finding	831
of guilt of, a violation of that section shall provide for a	832
suspension of the individual's certificate to practice for a	833
period of at least one year or, if determined appropriate by the	834
board, a more serious sanction involving the individual's	835
certificate to practice.	836

(D) For purposes of divisions (B)(10), (12), and (14) of this	837
section, the commission of the act may be established by a finding	838
by the board, pursuant to an adjudication under Chapter 119. of	839
the Revised Code, that the individual committed the act. The board	840
does not have jurisdiction under those divisions if the trial	841
court renders a final judgment in the individual's favor and that	842
judgment is based upon an adjudication on the merits. The board	843
has jurisdiction under those divisions if the trial court issues	844
an order of dismissal upon technical or procedural grounds.	845

(E) The sealing of conviction records by any court shall have	846
no effect upon a prior board order entered under this section or	847
upon the board's jurisdiction to take action under this section	848
if, based upon a plea of guilty, a judicial finding of guilt, or a	849
judicial finding of eligibility for intervention in lieu of	850
conviction, the board issued a notice of opportunity for a hearing	851
prior to the court's order to seal the records. The board shall	852
not be required to seal, destroy, redact, or otherwise modify its	853
records to reflect the court's sealing of conviction records.	854

(F)(1) The board shall investigate evidence that appears to	855
show that a person has violated any provision of this chapter or	856
any rule adopted under it. Any person may report to the board in a	857
signed writing any information that the person may have that	858
appears to show a violation of any provision of this chapter or	859
any rule adopted under it. In the absence of bad faith, any person	860
who reports information of that nature or who testifies before the	861
board in any adjudication conducted under Chapter 119. of the	862
Revised Code shall not be liable in damages in a civil action as a	863
result of the report or testimony. Each complaint or allegation of	864
a violation received by the board shall be assigned a case number	865
and shall be recorded by the board.	866

(2) Investigations of alleged violations of this chapter or	867
any rule adopted under it shall be supervised by the supervising	868
member elected by the board in accordance with section 4731.02 of	869
the Revised Code and by the secretary as provided in section	870
4731.39 of the Revised Code. The president may designate another	871
member of the board to supervise the investigation in place of the	872
supervising member. No member of the board who supervises the	873
investigation of a case shall participate in further adjudication	874
of the case.	875

(3) In investigating a possible violation of this chapter or	876
any rule adopted under this chapter, or in conducting an	877
inspection under division (E) of section 4731.054 of the Revised	878
Code, the board may question witnesses, conduct interviews,	879
administer oaths, order the taking of depositions, inspect and	880
copy any books, accounts, papers, records, or documents, issue	881
subpoenas, and compel the attendance of witnesses and production	882
of books, accounts, papers, records, documents, and testimony,	883
except that a subpoena for patient record information shall not be	884
issued without consultation with the attorney general's office and	885
approval of the secretary and supervising member of the board.	886

(a) Before issuance of a subpoena for patient record	887
information, the secretary and supervising member shall determine	888
whether there is probable cause to believe that the complaint	889
filed alleges a violation of this chapter or any rule adopted	890
under it and that the records sought are relevant to the alleged	891
violation and material to the investigation. The subpoena may	892
apply only to records that cover a reasonable period of time	893
surrounding the alleged violation.	894

(b) On failure to comply with any subpoena issued by the	895
board and after reasonable notice to the person being subpoenaed,	896
the board may move for an order compelling the production of	897
persons or records pursuant to the Rules of Civil Procedure.	898

(c) A subpoena issued by the board may be served by a	899
sheriff, the sheriff's deputy, or a board employee designated by	900
the board. Service of a subpoena issued by the board may be made	901
by delivering a copy of the subpoena to the person named therein,	902
reading it to the person, or leaving it at the person's usual	903
place of residence, usual place of business, or address on file	904
with the board. When serving a subpoena to an applicant for or the	905
holder of a certificate issued under this chapter, service of the	906
subpoena may be made by certified mail, return receipt requested,	907
and the subpoena shall be deemed served on the date delivery is	908
made or the date the person refuses to accept delivery. If the	909
person being served refuses to accept the subpoena or is not	910
located, service may be made to an attorney who notifies the board	911
that the attorney is representing the person.	912

(d) A sheriff's deputy who serves a subpoena shall receive	913
the same fees as a sheriff. Each witness who appears before the	914
board in obedience to a subpoena shall receive the fees and	915
mileage provided for under section 119.094 of the Revised Code.	916

(4) All hearings, investigations, and inspections of the	917
board shall be considered civil actions for the purposes of	918
section 2305.252 of the Revised Code.	919

(5) A report required to be submitted to the board under this	920
chapter, a complaint, or information received by the board	921
pursuant to an investigation or pursuant to an inspection under	922
division (E) of section 4731.054 of the Revised Code is	923
confidential and not subject to discovery in any civil action.	924

The board shall conduct all investigations or inspections and	925
proceedings in a manner that protects the confidentiality of	926
patients and persons who file complaints with the board. The board	927
shall not make public the names or any other identifying	928
information about patients or complainants unless proper consent	929
is given or, in the case of a patient, a waiver of the patient	930
privilege exists under division (B) of section 2317.02 of the	931
Revised Code, except that consent or a waiver of that nature is	932
not required if the board possesses reliable and substantial	933
evidence that no bona fide physician-patient relationship exists.	934

The board may share any information it receives pursuant to	935
an investigation or inspection, including patient records and	936
patient record information, with law enforcement agencies, other	937
licensing boards, and other governmental agencies that are	938
prosecuting, adjudicating, or investigating alleged violations of	939
statutes or administrative rules. An agency or board that receives	940
the information shall comply with the same requirements regarding	941
confidentiality as those with which the state medical board must	942
comply, notwithstanding any conflicting provision of the Revised	943
Code or procedure of the agency or board that applies when it is	944
dealing with other information in its possession. In a judicial	945
proceeding, the information may be admitted into evidence only in	946
accordance with the Rules of Evidence, but the court shall require	947
that appropriate measures are taken to ensure that confidentiality	948
is maintained with respect to any part of the information that	949
contains names or other identifying information about patients or	950
complainants whose confidentiality was protected by the state	951
medical board when the information was in the board's possession.	952
Measures to ensure confidentiality that may be taken by the court	953
include sealing its records or deleting specific information from	954
its records.	955

(6) On a quarterly basis, the board shall prepare a report	956
that documents the disposition of all cases during the preceding	957
three months. The report shall contain the following information	958
for each case with which the board has completed its activities:	959

(a) The case number assigned to the complaint or alleged	960
violation;	961

(b) The type of certificate to practice, if any, held by the	962
individual against whom the complaint is directed;	963

(c) A description of the allegations contained in the	964
complaint;	965

(d) The disposition of the case.

966

The report shall state how many cases are still pending and	967
shall be prepared in a manner that protects the identity of each	968
person involved in each case. The report shall be a public record	969
under section 149.43 of the Revised Code.	970

(G) If the secretary and supervising member determine both of	971
the following, they may recommend that the board suspend an	972
individual's certificate to practice without a prior hearing:	973

(1) That there is clear and convincing evidence that an	974
individual has violated division (B) of this section;	975

(2) That the individual's continued practice presents a	976
danger of immediate and serious harm to the public.	977

Written allegations shall be prepared for consideration by	978
the board. The board, upon review of those allegations and by an	979
affirmative vote of not fewer than six of its members, excluding	980
the secretary and supervising member, may suspend a certificate	981
without a prior hearing. A telephone conference call may be	982
utilized for reviewing the allegations and taking the vote on the	983
summary suspension.	984

The board shall issue a written order of suspension by	985
certified mail or in person in accordance with section 119.07 of	986
the Revised Code. The order shall not be subject to suspension by	987
the court during pendency of any appeal filed under section 119.12	988
of the Revised Code. If the individual subject to the summary	989
suspension requests an adjudicatory hearing by the board, the date	990
set for the hearing shall be within fifteen days, but not earlier	991
than seven days, after the individual requests the hearing, unless	992
otherwise agreed to by both the board and the individual.	993

Any summary suspension imposed under this division shall	994
remain in effect, unless reversed on appeal, until a final	995
adjudicative order issued by the board pursuant to this section	996
and Chapter 119. of the Revised Code becomes effective. The board	997
shall issue its final adjudicative order within seventy-five days	998
after completion of its hearing. A failure to issue the order	999
within seventy-five days shall result in dissolution of the	1000
summary suspension order but shall not invalidate any subsequent,	1001
final adjudicative order.	1002

(H) If the board takes action under division (B)(9), (11), or	1003
(13) of this section and the judicial finding of guilt, guilty	1004
plea, or judicial finding of eligibility for intervention in lieu	1005
of conviction is overturned on appeal, upon exhaustion of the	1006
criminal appeal, a petition for reconsideration of the order may	1007
be filed with the board along with appropriate court documents.	1008
Upon receipt of a petition of that nature and supporting court	1009
documents, the board shall reinstate the individual's certificate	1010
to practice. The board may then hold an adjudication under Chapter	1011
119. of the Revised Code to determine whether the individual	1012
committed the act in question. Notice of an opportunity for a	1013
hearing shall be given in accordance with Chapter 119. of the	1014
Revised Code. If the board finds, pursuant to an adjudication held	1015
under this division, that the individual committed the act or if	1016
no hearing is requested, the board may order any of the sanctions	1017
identified under division (B) of this section.	1018

(I) The certificate to practice issued to an individual under	1019
this chapter and the individual's practice in this state are	1020
automatically suspended as of the date of the individual's second	1021
or subsequent plea of guilty to, or judicial finding of guilt of,	1022
a violation of section 2919.123 of the Revised Code, or the date	1023
the individual pleads guilty to, is found by a judge or jury to be	1024
guilty of, or is subject to a judicial finding of eligibility for	1025
intervention in lieu of conviction in this state or treatment or	1026
intervention in lieu of conviction in another jurisdiction for any	1027
of the following criminal offenses in this state or a	1028
substantially equivalent criminal offense in another jurisdiction:	1029
aggravated murder, murder, voluntary manslaughter, felonious	1030
assault, kidnapping, rape, sexual battery, gross sexual	1031
imposition, aggravated arson, aggravated robbery, or aggravated	1032
burglary. Continued practice after suspension shall be considered	1033
practicing without a certificate.	1034

The board shall notify the individual subject to the	1035
suspension by certified mail or in person in accordance with	1036
section 119.07 of the Revised Code. If an individual whose	1037
certificate is automatically suspended under this division fails	1038
to make a timely request for an adjudication under Chapter 119. of	1039
the Revised Code, the board shall do whichever of the following is	1040
applicable:	1041

(1) If the automatic suspension under this division is for a	1042
second or subsequent plea of guilty to, or judicial finding of	1043
guilt of, a violation of section 2919.123 of the Revised Code, the	1044
board shall enter an order suspending the individual's certificate	1045
to practice for a period of at least one year or, if determined	1046
appropriate by the board, imposing a more serious sanction	1047
involving the individual's certificate to practice.	1048

(2) In all circumstances in which division (I)(1) of this	1049
section does not apply, enter a final order permanently revoking	1050
the individual's certificate to practice.	1051

(J) If the board is required by Chapter 119. of the Revised	1052
Code to give notice of an opportunity for a hearing and if the	1053
individual subject to the notice does not timely request a hearing	1054
in accordance with section 119.07 of the Revised Code, the board	1055
is not required to hold a hearing, but may adopt, by an	1056
affirmative vote of not fewer than six of its members, a final	1057
order that contains the board's findings. In that final order, the	1058
board may order any of the sanctions identified under division (A)	1059
or (B) of this section.	1060

(K) Any action taken by the board under division (B) of this	1061
section resulting in a suspension from practice shall be	1062
accompanied by a written statement of the conditions under which	1063
the individual's certificate to practice may be reinstated. The	1064
board shall adopt rules governing conditions to be imposed for	1065
reinstatement. Reinstatement of a certificate suspended pursuant	1066
to division (B) of this section requires an affirmative vote of	1067
not fewer than six members of the board.	1068

(L) When the board refuses to grant a certificate to an	1069
applicant, revokes an individual's certificate to practice,	1070
refuses to register an applicant, or refuses to reinstate an	1071
individual's certificate to practice, the board may specify that	1072
its action is permanent. An individual subject to a permanent	1073
action taken by the board is forever thereafter ineligible to hold	1074
a certificate to practice and the board shall not accept an	1075
application for reinstatement of the certificate or for issuance	1076
of a new certificate.	1077

(M) Notwithstanding any other provision of the Revised Code,	1078
all of the following apply:	1079

(1) The surrender of a certificate issued under this chapter	1080
shall not be effective unless or until accepted by the board. A	1081
telephone conference call may be utilized for acceptance of the	1082
surrender of an individual's certificate to practice. The	1083
telephone conference call shall be considered a special meeting	1084
under division (F) of section 121.22 of the Revised Code.	1085
Reinstatement of a certificate surrendered to the board requires	1086
an affirmative vote of not fewer than six members of the board.	1087

(2) An application for a certificate made under the	1088
provisions of this chapter may not be withdrawn without approval	1089
of the board.	1090

(3) Failure by an individual to renew a certificate of	1091
registration in accordance with this chapter shall not remove or	1092
limit the board's jurisdiction to take any disciplinary action	1093
under this section against the individual.	1094

(4) At the request of the board, a certificate holder shall	1095
immediately surrender to the board a certificate that the board	1096
has suspended, revoked, or permanently revoked.	1097

(N) Sanctions shall not be imposed under division (B)(28) of	1098
this section against any person who waives deductibles and	1099
copayments as follows:	1100

(1) In compliance with the health benefit plan that expressly	1101
allows such a practice. Waiver of the deductibles or copayments	1102
shall be made only with the full knowledge and consent of the plan	1103
purchaser, payer, and third-party administrator. Documentation of	1104
the consent shall be made available to the board upon request.	1105

(2) For professional services rendered to any other person	1106
authorized to practice pursuant to this chapter, to the extent	1107
allowed by this chapter and rules adopted by the board.	1108

(O) Under the board's investigative duties described in this	1109
section and subject to division (F) of this section, the board	1110
shall develop and implement a quality intervention program	1111
designed to improve through remedial education the clinical and	1112
communication skills of individuals authorized under this chapter	1113
to practice medicine and surgery, osteopathic medicine and	1114
surgery, and podiatric medicine and surgery. In developing and	1115
implementing the quality intervention program, the board may do	1116
all of the following:	1117

(1) Offer in appropriate cases as determined by the board an	1118
educational and assessment program pursuant to an investigation	1119
the board conducts under this section;	1120

(2) Select providers of educational and assessment services,	1121
including a quality intervention program panel of case reviewers;	1122

(3) Make referrals to educational and assessment service	1123
providers and approve individual educational programs recommended	1124
by those providers. The board shall monitor the progress of each	1125
individual undertaking a recommended individual educational	1126
program.	1127

(4) Determine what constitutes successful completion of an	1128
individual educational program and require further monitoring of	1129
the individual who completed the program or other action that the	1130
board determines to be appropriate;	1131

(5) Adopt rules in accordance with Chapter 119. of the	1132
Revised Code to further implement the quality intervention	1133
program.	1134

An individual who participates in an individual educational	1135
program pursuant to this division shall pay the financial	1136
obligations arising from that educational program.	1137

Sec. 5101.35.  (A) As used in this section:

1138

(1)(a) "Agency" means the following entities that administer	1139
a family services program:	1140

(i) The department of job and family services;

1141

(ii) A county department of job and family services;

1142

(iii) A public children services agency;

1143

(iv) A private or government entity administering, in whole	1144
or in part, a family services program for or on behalf of the	1145
department of job and family services or a county department of	1146
job and family services or public children services agency.	1147

(b) If the department of medicaid contracts with the	1148
department of job and family services to hear appeals authorized	1149
by section 5160.31 of the Revised Code regarding medical	1150
assistance programs, "agency" includes the department of medicaid.	1151

(2) "Appellant" means an applicant, participant, former	1152
participant, recipient, or former recipient of a family services	1153
program who is entitled by federal or state law to a hearing	1154
regarding a decision or order of the agency that administers the	1155
program.	1156

(3)(a) "Family services program" means all of the following:

1157

(i) A Title IV-A program as defined in section 5101.80 of the	1158
Revised Code;	1159

(ii) Programs that provide assistance under Chapter 5104. or	1160
5115. of the Revised Code;	1161

(iii) Programs that provide assistance under section	1162
5101.141, 5101.461, 5101.54, 5119.41, 5153.163, or 5153.165 of the	1163
Revised Code;	1164

(iv) Title XX social services provided under section 5101.46	1165
of the Revised Code, other than such services provided by the	1166
department of mental health and addiction services, the department	1167
of developmental disabilities, a board of alcohol, drug addiction,	1168
and mental health services, or a county board of developmental	1169
disabilities.	1170

(b) If the department of medicaid contracts with the	1171
department of job and family services to hear appeals authorized	1172
by section 5160.31 of the Revised Code regarding medical	1173
assistance programs, "family services program" includes medical	1174
assistance programs.	1175

(4) "Medical assistance program" has the same meaning as in	1176
section 5160.01 of the Revised Code.	1177

(B) Except as provided by divisions (G) and (H) of this	1178
section, an appellant who appeals under federal or state law a	1179
decision or order of an agency administering a family services	1180
program shall, at the appellant's request, be granted a state	1181
hearing by the department of job and family services. This state	1182
hearing shall be conducted in accordance with rules adopted under	1183
this section. The state hearing shall be recorded, but neither the	1184
recording nor a transcript of the recording shall be part of the	1185
official record of the proceeding. Except as provided in section	1186
5160.31 of the Revised Code, a state hearing decision is binding	1187
upon the agency and department, unless it is reversed or modified	1188
on appeal to the director of job and family services or a court of	1189
common pleas.	1190

(C) Except as provided by division (G) of this section, an	1191
appellant who disagrees with a state hearing decision may make an	1192
administrative appeal to the director of job and family services	1193
in accordance with rules adopted under this section. This	1194
administrative appeal does not require a hearing, but the director	1195
or the director's designee shall review the state hearing decision	1196
and previous administrative action and may affirm, modify, remand,	1197
or reverse the state hearing decision. An administrative appeal	1198
decision is the final decision of the department and, except as	1199
provided in section 5160.31 of the Revised Code, is binding upon	1200
the department and agency, unless it is reversed or modified on	1201
appeal to the court of common pleas.	1202

(D) An agency shall comply with a decision issued pursuant to	1203
division (B) or (C) of this section within the time limits	1204
established by rules adopted under this section. If a county	1205
department of job and family services or a public children	1206
services agency fails to comply within these time limits, the	1207
department may take action pursuant to section 5101.24 of the	1208
Revised Code. If another agency, other than the department of	1209
medicaid, fails to comply within the time limits, the department	1210
may force compliance by withholding funds due the agency or	1211
imposing another sanction established by rules adopted under this	1212
section.	1213

(E) An appellant who disagrees with an administrative appeal	1214
decision of the director of job and family services or the	1215
director's designee issued under division (C) of this section may	1216
appeal from the decision to the court of common pleas pursuant to	1217
section 119.12 of the Revised Code. The appeal shall be governed	1218
by section 119.12 of the Revised Code except that:	1219

(1) The person may appeal to the court of common pleas of the	1220
county in which the person resides, or to the court of common	1221
pleas of Franklin county if the person does not reside in this	1222
state.	1223

(2) The person may apply to the court for designation as an	1224
indigent and, if the court grants this application, the appellant	1225
shall not be required to furnish the costs of the appeal.	1226

(3) The appellant shall mail the notice of appeal to the	1227
department of job and family services and file notice of appeal	1228
with the court within thirty days after the department mails the	1229
administrative appeal decision to the appellant. For good cause	1230
shown, the court may extend the time for mailing and filing notice	1231
of appeal, but such time shall not exceed six months from the date	1232
the department mails the administrative appeal decision. Filing	1233
notice of appeal with the court shall be the only act necessary to	1234
vest jurisdiction in the court.	1235

(4) The department shall be required to file a transcript of	1236
the testimony of the state hearing with the court only if the	1237
court orders the department to file the transcript. The court	1238
shall make such an order only if it finds that the department and	1239
the appellant are unable to stipulate to the facts of the case and	1240
that the transcript is essential to a determination of the appeal.	1241
The department shall file the transcript not later than thirty	1242
days after the day such an order is issued.	1243

(F) The department of job and family services shall adopt	1244
rules in accordance with Chapter 119. of the Revised Code to	1245
implement this section, including rules governing the following:	1246

(1) State hearings under division (B) of this section. The	1247
rules shall include provisions regarding notice of eligibility	1248
termination and the opportunity of an appellant appealing a	1249
decision or order of a county department of job and family	1250
services to request a county conference with the county department	1251
before the state hearing is held.	1252

(2) Administrative appeals under division (C) of this	1253
section;	1254

(3) Time limits for complying with a decision issued under	1255
division (B) or (C) of this section;	1256

(4) Sanctions that may be applied against an agency under	1257
division (D) of this section.	1258

(G) The department of job and family services may adopt rules	1259
in accordance with Chapter 119. of the Revised Code establishing	1260
an appeals process for an appellant who appeals a decision or	1261
order regarding a Title IV-A program identified under division	1262
(A)(4)(c), (d), (e), or (f), or (g) of section 5101.80 of the	1263
Revised Code that is different from the appeals process	1264
established by this section. The different appeals process may	1265
include having a state agency that administers the Title IV-A	1266
program pursuant to an interagency agreement entered into under	1267
section 5101.801 of the Revised Code administer the appeals	1268
process.	1269

(H) If an appellant receiving medicaid through a health	1270
insuring corporation that holds a certificate of authority under	1271
Chapter 1751. of the Revised Code is appealing a denial of	1272
medicaid services based on lack of medical necessity or other	1273
clinical issues regarding coverage by the health insuring	1274
corporation, the person hearing the appeal may order an	1275
independent medical review if that person determines that a review	1276
is necessary. The review shall be performed by a health care	1277
professional with appropriate clinical expertise in treating the	1278
recipient's condition or disease. The department shall pay the	1279
costs associated with the review.	1280

A review ordered under this division shall be part of the	1281
record of the hearing and shall be given appropriate evidentiary	1282
consideration by the person hearing the appeal.	1283

(I) The requirements of Chapter 119. of the Revised Code	1284
apply to a state hearing or administrative appeal under this	1285
section only to the extent, if any, specifically provided by rules	1286
adopted under this section.	1287

Sec. 5101.46.  (A) As used in this section:

1288

(1) "Title XX" means Title XX of the "Social Security Act,"	1289
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	1290

(2) "Respective local agency" means, with respect to the	1291
department of job and family services, a county department of job	1292
and family services; with respect to the department of mental	1293
health and addiction services, a board of alcohol, drug addiction,	1294
and mental health services; and with respect to the department of	1295
developmental disabilities, a county board of developmental	1296
disabilities.	1297

(3) "Federal poverty guidelines" means the poverty guidelines	1298
as revised annually by the United States department of health and	1299
human services in accordance with section 673(2) of the "Omnibus	1300
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	1301
9902, as amended, for a family size equal to the size of the	1302
family of the person whose income is being determined.	1303

(B) The departments of job and family services, mental	1304
health, and developmental disabilities, with their respective	1305
local agencies, shall administer the provision of social services	1306
funded through grants made under Title XX. The social services	1307
furnished with Title XX funds shall be directed at the following	1308
goals:	1309

(1) Achieving or maintaining economic self-support to	1310
prevent, reduce, or eliminate dependency;	1311

(2) Achieving or maintaining self-sufficiency, including	1312
reduction or prevention of dependency;	1313

(3) Preventing or remedying neglect, abuse, or exploitation	1314
of children and adults unable to protect their own interests, or	1315
preserving, rehabilitating, or reuniting families;	1316

(4) Preventing or reducing inappropriate institutional care	1317
by providing for community-based care, home-based care, or other	1318
forms of less intensive care;	1319

(5) Securing referral or admission for institutional care	1320
when other forms of care are not appropriate, or providing	1321
services to individuals in institutions.	1322

(C)(1) All federal funds received under Title XX shall be	1323
appropriated as follows:	1324

(a) Seventy-two and one-half per cent to the department of	1325
job and family services;	1326

(b) Twelve and ninety-three one-hundredths per cent to the	1327
department of mental health and addiction services;	1328

(c) Fourteen and fifty-seven one-hundredths per cent to the	1329
department of developmental disabilities.	1330

(2) Each of the state departments shall, subject to the	1331
approval of the controlling board, develop a formula for the	1332
distribution of the Title XX funds appropriated to the department	1333
to its respective local agencies. The formula developed by each	1334
state department shall take into account all of the following for	1335
each of its respective local agencies:	1336

(a) The total population of the area that is served by the	1337
respective local agency;	1338

(b) The percentage of the population in the area served that	1339
falls below the federal poverty guidelines;	1340

(c) The respective local agency's history of and ability to	1341
utilize Title XX funds.	1342

(3) Each of the state departments shall expend for state	1343
administrative costs not more than three per cent of the Title XX	1344
funds appropriated to the department.	1345

Each state department shall establish for each of its	1346
respective local agencies the maximum percentage of the Title XX	1347
funds distributed to the respective local agency that the	1348
respective local agency may expend for local administrative costs.	1349
The percentage shall be established by rule and shall comply with	1350
federal law governing the use of Title XX funds. The rules shall	1351
be adopted in accordance with section 111.15 of the Revised Code	1352
as if they were internal management rules.	1353

(4) The department of job and family services shall expend	1354
for the training of the following not more than two per cent of	1355
the Title XX funds appropriated to the department:	1356

(a) Employees of county departments of job and family	1357
services;	1358

(b) Providers of services under contract with the state	1359
departments' respective local agencies;	1360

(c) Employees of a public children services agency directly	1361
engaged in providing Title XX services.	1362

(5) Title XX funds distributed for the purpose of providing	1363
family planning services shall be distributed by the respective	1364
local agencies according to the same order of priority that	1365
applies to the department of job and family services under section	1366
5101.101 of the Revised Code.	1367

(D) The department of job and family services shall prepare	1368
an annual comprehensive Title XX social services plan on the	1369
intended use of Title XX funds. The department shall develop a	1370
method for obtaining public comment during the development of the	1371
plan and following its completion.	1372

For each federal fiscal year, the department of job and	1373
family services shall prepare a report on the actual use of Title	1374
XX funds. The department shall make the annual report available	1375
for public inspection.	1376

The departments of mental health and addiction services and	1377
developmental disabilities shall prepare and submit to the	1378
department of job and family services the portions of each annual	1379
plan and report that apply to services for mental health and	1380
mental retardation and developmental disabilities. Each respective	1381
local agency of the three state departments shall submit	1382
information as necessary for the preparation of annual plans and	1383
reports.	1384

(E) Each county department of job and family services shall	1385
adopt a county profile for the administration and provision of	1386
Title XX social services in the county. In developing its county	1387
profile, the county department shall take into consideration the	1388
comments and recommendations received from the public by the	1389
county family services planning committee pursuant to section	1390
329.06 of the Revised Code. As part of its preparation of the	1391
county profile, the county department may prepare a local needs	1392
report analyzing the need for Title XX social services.	1393

The county department shall submit the county profile to the	1394
board of county commissioners for its review. Once the county	1395
profile has been approved by the board, the county department	1396
shall file a copy of the county profile with the department of job	1397
and family services. The department shall approve the county	1398
profile if the department determines the profile provides for the	1399
Title XX social services to meet the goals specified in division	1400
(B) of this section.	1401

(F) Any of the three state departments and their respective	1402
local agencies may require that an entity under contract to	1403
provide social services with Title XX funds submit to an audit on	1404
the basis of alleged misuse or improper accounting of funds. If an	1405
audit is required, the social services provider shall reimburse	1406
the state department or respective local agency for the cost it	1407
incurred in conducting the audit or having the audit conducted.	1408

If an audit demonstrates that a social services provider is	1409
responsible for one or more adverse findings, the provider shall	1410
reimburse the appropriate state department or its respective local	1411
agency the amount of the adverse findings. The amount shall not be	1412
reimbursed with Title XX funds received under this section. The	1413
three state departments and their respective local agencies may	1414
terminate or refuse to enter into a Title XX contract with a	1415
social services provider if there are adverse findings in an audit	1416
that are the responsibility of the provider.	1417

(G) Except with respect to the matters for which each of the	1418
state departments must adopt rules under division (C)(3) of this	1419
section, the department of job and family services may adopt any	1420
rules it considers necessary to implement and carry out the	1421
purposes of this section. Rules governing financial and	1422
operational matters of the department or matters between the	1423
department and county departments of job and family services shall	1424
be adopted as internal management rules in accordance with section	1425
111.15 of the Revised Code. Rules governing eligibility for	1426
services, program participation, and other matters pertaining to	1427
applicants and participants shall be adopted in accordance with	1428
Chapter 119. of the Revised Code.	1429

Sec. 5101.461. (A) As used in this section:

1430

(1) "Title IV-A" means Title IV-A of the "Social Security	1431
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	1432

(2) "Title XX" has the same meaning as in section 5101.46 of	1433
the Revised Code.	1434

(B) To the extent authorized by federal law, the department	1435
of job and family services may use funds received through the	1436
Title IV-A temporary assistance for needy families block grant for	1437
purposes of providing Title XX social services. The amount used	1438
under this section shall not exceed the maximum amount permitted	1439
by federal law. The funds and provision of Title XX social	1440
services with the funds are not subject to section 5101.46 of the	1441
Revised Code.	1442

Funds distributed under this section for the purpose of	1443
providing family planning services shall be distributed by a	1444
county department of job and family services according to the same	1445
order of priority that applies to the department of job and family	1446
services under section 5101.101 of the Revised Code.	1447

(C) The department and any county department of job and	1448
family services may require an entity under contract to provide	1449
Title XX social services with funds used under this section to	1450
submit to an audit on the basis of alleged misuse or improper	1451
accounting of funds. If an audit is required, the social services	1452
provider shall reimburse the state department or county department	1453
for the cost it incurred in conducting the audit or having the	1454
audit conducted.	1455

If an audit demonstrates that a social services provider is	1456
responsible for one or more adverse findings, the provider shall	1457
reimburse the state department or county department the amount of	1458
the adverse findings. The amount shall not be reimbursed with	1459
funds received under this section. The state department and county	1460
departments may terminate or refuse to enter into a contract with	1461
a social services provider to provide services with funds	1462
available pursuant to this section if there are adverse findings	1463
in an audit that are the responsibility of the provider.	1464

(D) The state department of job and family services may adopt	1465
rules to implement and carry out the purposes of this section.	1466
Rules governing financial and operational matters of the	1467
department or matters between the department and county	1468
departments of job and family services shall be adopted as	1469
internal management rules in accordance with section 111.15 of the	1470
Revised Code. Rules governing eligibility for services, program	1471
participation, and other matters pertaining to applicants and	1472
participants shall be adopted in accordance with Chapter 119. of	1473
the Revised Code.	1474

Sec. 5101.80. (A) As used in this section and in section	1475
5101.801 of the Revised Code:	1476

(1) "County family services agency" has the same meaning as	1477
in section 307.981 of the Revised Code.	1478

(2) "State agency" has the same meaning as in section 9.82 of	1479
the Revised Code.	1480

(3) "Title IV-A administrative agency" means both of the	1481
following:	1482

(a) A county family services agency or state agency	1483
administering a Title IV-A program under the supervision of the	1484
department of job and family services;	1485

(b) A government agency or private, not-for-profit entity	1486
administering a project funded in whole or in part with funds	1487
provided under the Title IV-A demonstration program created under	1488
section 5101.803 of the Revised Code.	1489

(4) "Title IV-A program" means all of the following that are	1490
funded in part with funds provided under the temporary assistance	1491
for needy families block grant established by Title IV-A of the	1492
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	1493
amended:	1494

(a) The Ohio works first program established under Chapter	1495
5107. of the Revised Code;	1496

(b) The prevention, retention, and contingency program	1497
established under Chapter 5108. of the Revised Code;	1498

(c) A program established by the general assembly or an	1499
executive order issued by the governor that is administered or	1500
supervised by the department of job and family services pursuant	1501
to section 5101.801 of the Revised Code;	1502

(d) The kinship permanency incentive program created under	1503
section 5101.802 of the Revised Code;	1504

(e) The Title IV-A demonstration program created under	1505
section 5101.803 of the Revised Code;	1506

(f) The Ohio parenting and pregnancy program created under	1507
section 5101.804 of the Revised Code;	1508

(g) A component of a Title IV-A program identified under	1509
divisions (A)(4)(a) to (f)(e) of this section that the Title IV-A	1510
state plan prepared under division (C)(1) of this section	1511
identifies as a component.	1512

(B) The department of job and family services shall act as	1513
the single state agency to administer and supervise the	1514
administration of Title IV-A programs. The Title IV-A state plan	1515
and amendments to the plan prepared under division (C) of this	1516
section are binding on Title IV-A administrative agencies. No	1517
Title IV-A administrative agency may establish, by rule or	1518
otherwise, a policy governing a Title IV-A program that is	1519
inconsistent with a Title IV-A program policy established, in rule	1520
or otherwise, by the director of job and family services.	1521

(C) The department of job and family services shall do all of	1522
the following:	1523

(1) Prepare and submit to the United States secretary of	1524
health and human services a Title IV-A state plan for Title IV-A	1525
programs;	1526

(2) Prepare and submit to the United States secretary of	1527
health and human services amendments to the Title IV-A state plan	1528
that the department determines necessary, including amendments	1529
necessary to implement Title IV-A programs identified in divisions	1530
(A)(4)(c) to (g)(f) of this section;	1531

(3) Prescribe forms for applications, certificates, reports,	1532
records, and accounts of Title IV-A administrative agencies, and	1533
other matters related to Title IV-A programs;	1534

(4) Make such reports, in such form and containing such	1535
information as the department may find necessary to assure the	1536
correctness and verification of such reports, regarding Title IV-A	1537
programs;	1538

(5) Require reports and information from each Title IV-A	1539
administrative agency as may be necessary or advisable regarding a	1540
Title IV-A program;	1541

(6) Afford a fair hearing in accordance with section 5101.35	1542
of the Revised Code to any applicant for, or participant or former	1543
participant of, a Title IV-A program aggrieved by a decision	1544
regarding the program;	1545

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	1546
and 5108. of the Revised Code and sections 5101.801, 5101.802, and	1547
5101.803, and 5101.804 of the Revised Code, any sums appropriated	1548
by the general assembly for the purpose of those chapters and	1549
sections and all sums paid to the state by the secretary of the	1550
treasury of the United States as authorized by Title IV-A of the	1551
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	1552
amended;	1553

(8) Conduct investigations and audits as are necessary	1554
regarding Title IV-A programs;	1555

(9) Enter into reciprocal agreements with other states	1556
relative to the provision of Ohio works first and prevention,	1557
retention, and contingency to residents and nonresidents;	1558

(10) Contract with a private entity to conduct an independent	1559
on-going evaluation of the Ohio works first program and the	1560
prevention, retention, and contingency program. The contract must	1561
require the private entity to do all of the following:	1562

(a) Examine issues of process, practice, impact, and	1563
outcomes;	1564

(b) Study former participants of Ohio works first who have	1565
not participated in Ohio works first for at least one year to	1566
determine whether they are employed, the type of employment in	1567
which they are engaged, the amount of compensation they are	1568
receiving, whether their employer provides health insurance,	1569
whether and how often they have received benefits or services	1570
under the prevention, retention, and contingency program, and	1571
whether they are successfully self sufficient;	1572

(c) Provide the department with reports at times the	1573
department specifies.	1574

(11) Not later than the last day of each January and July,	1575
prepare a report containing information on the following:	1576

(a) Individuals exhausting the time limits for participation	1577
in Ohio works first set forth in section 5107.18 of the Revised	1578
Code.	1579

(b) Individuals who have been exempted from the time limits	1580
set forth in section 5107.18 of the Revised Code and the reasons	1581
for the exemption.	1582

(D) The department shall provide copies of the reports it	1583
receives under division (C)(10) of this section and prepares under	1584
division (C)(11) of this section to the governor, the president	1585
and minority leader of the senate, and the speaker and minority	1586
leader of the house of representatives. The department shall	1587
provide copies of the reports to any private or government entity	1588
on request.	1589

(E) An authorized representative of the department or a	1590
county family services agency or state agency administering a	1591
Title IV-A program shall have access to all records and	1592
information bearing thereon for the purposes of investigations	1593
conducted pursuant to this section. An authorized representative	1594
of a government entity or private, not-for-profit entity	1595
administering a project funded in whole or in part with funds	1596
provided under the Title IV-A demonstration program shall have	1597
access to all records and information bearing on the project for	1598
the purpose of investigations conducted pursuant to this section.	1599

Sec. 5101.801.  (A) Except as otherwise provided by the law	1600
enacted by the general assembly or executive order issued by the	1601
governor establishing the Title IV-A program, a Title IV-A program	1602
identified under division (A)(4)(c), (d), (e), or (f), or (g) of	1603
section 5101.80 of the Revised Code shall provide benefits and	1604
services that are not "assistance" as defined in 45 C.F.R.	1605
260.31(a) and are benefits and services that 45 C.F.R. 260.31(b)	1606
excludes from the definition of assistance.	1607

(B)(1) Except as otherwise provided by the law enacted by the	1608
general assembly or executive order issued by the governor	1609
establishing the Title IV-A program, the department of job and	1610
family services shall do either of the following regarding a Title	1611
IV-A program identified under division (A)(4)(c), (d), (e), or	1612
(f), or (g) of section 5101.80 of the Revised Code:	1613

(a) Administer the program or supervise a county family	1614
services agency's administration of the program;	1615

(b) Enter into an interagency agreement with a state agency	1616
for the state agency to administer the program under the	1617
department's supervision.	1618

(2) The department may enter into an agreement with a	1619
government entity and, to the extent permitted by federal law, a	1620
private, not-for-profit entity for the entity to receive funding	1621
for a project under the Title IV-A demonstration program created	1622
under section 5101.803 of the Revised Code.	1623

(3) To the extent permitted by federal law, the department	1624
may enter into an agreement with a private, not-for-profit entity	1625
for the entity to receive funds under the Ohio parenting and	1626
pregnancy program created under section 5101.804 of the Revised	1627
Code.	1628

(C) The department may adopt rules governing Title IV-A	1629
programs identified under divisions (A)(4)(c), (d), (e), and (f),	1630
and (g) of section 5101.80 of the Revised Code. Rules governing	1631
financial and operational matters of the department or between the	1632
department and county family services agencies shall be adopted as	1633
internal management rules adopted in accordance with section	1634
111.15 of the Revised Code. All other rules shall be adopted in	1635
accordance with Chapter 119. of the Revised Code.	1636

(D) If the department enters into an agreement regarding a	1637
Title IV-A program identified under division (A)(4)(c), (e), or	1638
(f), or (g) of section 5101.80 of the Revised Code pursuant to	1639
division (B)(1)(b) or (2) of this section, the agreement shall	1640
include at least all of the following:	1641

(1) A requirement that the state agency or entity comply with	1642
the requirements for the program or project, including all of the	1643
following requirements established by federal statutes and	1644
regulations, state statutes and rules, the United States office of	1645
management and budget, and the Title IV-A state plan prepared	1646
under section 5101.80 of the Revised Code:	1647

(a) Eligibility;

1648

(b) Reports;

1649

(c) Benefits and services;

1650

(d) Use of funds;

1651

(e) Appeals for applicants for, and recipients and former	1652
recipients of, the benefits and services;	1653

(f) Audits.

1654

(2) A complete description of all of the following:

1655

(a) The benefits and services that the program or project is	1656
to provide;	1657

(b) The methods of program or project administration;

1658

(c) The appeals process under section 5101.35 of the Revised	1659
Code for applicants for, and recipients and former recipients of,	1660
the program or project's benefits and services;	1661

(d) Other requirements that the department requires be	1662
included.	1663

(3) Procedures for the department to approve a policy,	1664
established by rule or otherwise, that the state agency or entity	1665
establishes for the program or project before the policy is	1666
established;	1667

(4) Provisions regarding how the department is to reimburse	1668
the state agency or entity for allowable expenditures under the	1669
program or project that the department approves, including all of	1670
the following:	1671

(a) Limitations on administrative costs;

1672

(b) The department, at its discretion, doing either of the	1673
following:	1674

(i) Withholding no more than five per cent of the funds that	1675
the department would otherwise provide to the state agency or	1676
entity for the program or project;	1677

(ii) Charging the state agency or entity for the costs to the	1678
department of performing, or contracting for the performance of,	1679
audits and other administrative functions associated with the	1680
program or project.	1681

(5) If the state agency or entity arranges by contract,	1682
grant, or other agreement for another entity to perform a function	1683
the state agency or entity would otherwise perform regarding the	1684
program or project, the state agency or entity's responsibilities	1685
for both of the following:	1686

(a) Ensuring that the other entity complies with the	1687
agreement between the state agency or entity and department and	1688
federal statutes and regulations and state statutes and rules	1689
governing the use of funds for the program or project;	1690

(b) Auditing the other entity in accordance with requirements	1691
established by the United States office of management and budget.	1692

(6) The state agency or entity's responsibilities regarding	1693
the prompt payment, including any interest assessed, of any	1694
adverse audit finding, final disallowance of federal funds, or	1695
other sanction or penalty imposed by the federal government,	1696
auditor of state, department, a court, or other entity regarding	1697
funds for the program or project;	1698

(7) Provisions for the department to terminate the agreement	1699
or withhold reimbursement from the state agency or entity if	1700
either of the following occur:	1701

(a) The federal government disapproves the program or project	1702
or reduces federal funds for the program or project;	1703

(b) The state agency or entity fails to comply with the terms	1704
of the agreement.	1705

(8) Provisions for both of the following:

1706

(a) The department and state agency or entity determining the	1707
performance outcomes expected for the program or project;	1708

(b) An evaluation of the program or project to determine its	1709
success in achieving the performance outcomes determined under	1710
division (D)(8)(a) of this section.	1711

(E) To the extent consistent with the law enacted by the	1712
general assembly or executive order issued by the governor	1713
establishing the Title IV-A program and subject to the approval of	1714
the director of budget and management, the director of job and	1715
family services may terminate a Title IV-A program identified	1716
under division (A)(4)(c), (d), (e), or (f), or (g) of section	1717
5101.80 of the Revised Code or reduce funding for the program if	1718
the director of job and family services determines that federal or	1719
state funds are insufficient to fund the program. If the director	1720
of budget and management approves the termination or reduction in	1721
funding for such a program, the director of job and family	1722
services shall issue instructions for the termination or funding	1723
reduction. If a Title IV-A administrative agency is administering	1724
the program, the agency is bound by the termination or funding	1725
reduction and shall comply with the director's instructions.	1726

(F) The director of job and family services may adopt	1727
internal management rules in accordance with section 111.15 of the	1728
Revised Code as necessary to implement this section. The rules are	1729
binding on each Title IV-A administrative agency.	1730

Sec. 5153.16.  (A) Except as provided in section 2151.422 of	1731
the Revised Code, in accordance with rules adopted under section	1732
5153.166 of the Revised Code, and on behalf of children in the	1733
county whom the public children services agency considers to be in	1734
need of public care or protective services, the public children	1735
services agency shall do all of the following:	1736

(1) Make an investigation concerning any child alleged to be	1737
an abused, neglected, or dependent child;	1738

(2) Enter into agreements with the parent, guardian, or other	1739
person having legal custody of any child, or with the department	1740
of job and family services, department of mental health and	1741
addiction services, department of developmental disabilities,	1742
other department, any certified organization within or outside the	1743
county, or any agency or institution outside the state, having	1744
legal custody of any child, with respect to the custody, care, or	1745
placement of any child, or with respect to any matter, in the	1746
interests of the child, provided the permanent custody of a child	1747
shall not be transferred by a parent to the public children	1748
services agency without the consent of the juvenile court;	1749

(3) Accept custody of children committed to the public	1750
children services agency by a court exercising juvenile	1751
jurisdiction;	1752

(4) Provide such care as the public children services agency	1753
considers to be in the best interests of any child adjudicated to	1754
be an abused, neglected, or dependent child the agency finds to be	1755
in need of public care or service;	1756

(5) Provide social services to any unmarried girl adjudicated	1757
to be an abused, neglected, or dependent child who is pregnant	1758
with or has been delivered of a child;	1759

(6) Make available to the bureau for children with medical	1760
handicaps of the department of health at its request any	1761
information concerning a crippled child found to be in need of	1762
treatment under sections 3701.021 to 3701.028 of the Revised Code	1763
who is receiving services from the public children services	1764
agency;	1765

(7) Provide temporary emergency care for any child considered	1766
by the public children services agency to be in need of such care,	1767
without agreement or commitment;	1768

(8) Find certified foster homes, within or outside the	1769
county, for the care of children, including handicapped children	1770
from other counties attending special schools in the county;	1771

(9) Subject to the approval of the board of county	1772
commissioners and the state department of job and family services,	1773
establish and operate a training school or enter into an agreement	1774
with any municipal corporation or other political subdivision of	1775
the county respecting the operation, acquisition, or maintenance	1776
of any children's home, training school, or other institution for	1777
the care of children maintained by such municipal corporation or	1778
political subdivision;	1779

(10) Acquire and operate a county children's home, establish,	1780
maintain, and operate a receiving home for the temporary care of	1781
children, or procure certified foster homes for this purpose;	1782

(11) Enter into an agreement with the trustees of any	1783
district children's home, respecting the operation of the district	1784
children's home in cooperation with the other county boards in the	1785
district;	1786

(12) Cooperate with, make its services available to, and act	1787
as the agent of persons, courts, the department of job and family	1788
services, the department of health, and other organizations within	1789
and outside the state, in matters relating to the welfare of	1790
children, except that the public children services agency shall	1791
not be required to provide supervision of or other services	1792
related to the exercise of parenting time rights granted pursuant	1793
to section 3109.051 or 3109.12 of the Revised Code or	1794
companionship or visitation rights granted pursuant to section	1795
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	1796
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	1797
a common pleas court, pursuant to division (E)(6) of section	1798
3113.31 of the Revised Code, requires the provision of supervision	1799
or other services related to the exercise of the parenting time	1800
rights or companionship or visitation rights;	1801

(13) Make investigations at the request of any superintendent	1802
of schools in the county or the principal of any school concerning	1803
the application of any child adjudicated to be an abused,	1804
neglected, or dependent child for release from school, where such	1805
service is not provided through a school attendance department;	1806

(14) Administer funds provided under Title IV-E of the	1807
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	1808
amended, in accordance with rules adopted under section 5101.141	1809
of the Revised Code;	1810

(15) In addition to administering Title IV-E adoption	1811
assistance funds, enter into agreements to make adoption	1812
assistance payments under section 5153.163 of the Revised Code;	1813

(16) Implement a system of safety and risk assessment, in	1814
accordance with rules adopted by the director of job and family	1815
services, to assist the public children services agency in	1816
determining the risk of abuse or neglect to a child;	1817

(17) Enter into a plan of cooperation with the board of	1818
county commissioners under section 307.983 of the Revised Code and	1819
comply with each fiscal agreement the board enters into under	1820
section 307.98 of the Revised Code that include family services	1821
duties of public children services agencies and contracts the	1822
board enters into under sections 307.981 and 307.982 of the	1823
Revised Code that affect the public children services agency;	1824

(18) Make reasonable efforts to prevent the removal of an	1825
alleged or adjudicated abused, neglected, or dependent child from	1826
the child's home, eliminate the continued removal of the child	1827
from the child's home, or make it possible for the child to return	1828
home safely, except that reasonable efforts of that nature are not	1829
required when a court has made a determination under division	1830
(A)(2) of section 2151.419 of the Revised Code;	1831

(19) Make reasonable efforts to place the child in a timely	1832
manner in accordance with the permanency plan approved under	1833
division (E) of section 2151.417 of the Revised Code and to	1834
complete whatever steps are necessary to finalize the permanent	1835
placement of the child;	1836

(20) Administer a Title IV-A program identified under	1837
division (A)(4)(c) or (g)(f) of section 5101.80 of the Revised	1838
Code that the department of job and family services provides for	1839
the public children services agency to administer under the	1840
department's supervision pursuant to section 5101.801 of the	1841
Revised Code;	1842

(21) Administer the kinship permanency incentive program	1843
created under section 5101.802 of the Revised Code under the	1844
supervision of the director of job and family services;	1845

(22) Provide independent living services pursuant to sections	1846
2151.81 to 2151.84 of the Revised Code;	1847

(23) File a missing child report with a local law enforcement	1848
agency upon becoming aware that a child in the custody of the	1849
public children services agency is or may be missing.	1850

(B) The public children services agency shall use the system	1851
implemented pursuant to division (A)(16) of this section in	1852
connection with an investigation undertaken pursuant to division	1853
(F)(1) of section 2151.421 of the Revised Code to assess both of	1854
the following:	1855

(1) The ongoing safety of the child;

1856

(2) The appropriateness of the intensity and duration of the	1857
services provided to meet child and family needs throughout the	1858
duration of a case.	1859

(C) Except as provided in section 2151.422 of the Revised	1860
Code, in accordance with rules of the director of job and family	1861
services, and on behalf of children in the county whom the public	1862
children services agency considers to be in need of public care or	1863
protective services, the public children services agency may do	1864
the following:	1865

(1) Provide or find, with other child serving systems,	1866
specialized foster care for the care of children in a specialized	1867
foster home, as defined in section 5103.02 of the Revised Code,	1868
certified under section 5103.03 of the Revised Code;	1869

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	1870
this section, contract with the following for the purpose of	1871
assisting the agency with its duties:	1872

(i) County departments of job and family services;

1873

(ii) Boards of alcohol, drug addiction, and mental health	1874
services;	1875

(iii) County boards of developmental disabilities;

1876

(iv) Regional councils of political subdivisions established	1877
under Chapter 167. of the Revised Code;	1878

(v) Private and government providers of services;

1879

(vi) Managed care organizations and prepaid health plans.

1880

(b) A public children services agency contract under division	1881
(C)(2)(a) of this section regarding the agency's duties under	1882
section 2151.421 of the Revised Code may not provide for the	1883
entity under contract with the agency to perform any service not	1884
authorized by the department's rules.	1885

(c) Only a county children services board appointed under	1886
section 5153.03 of the Revised Code that is a public children	1887
services agency may contract under division (C)(2)(a) of this	1888
section. If an entity specified in division (B) or (C) of section	1889
5153.02 of the Revised Code is the public children services agency	1890
for a county, the board of county commissioners may enter into	1891
contracts pursuant to section 307.982 of the Revised Code	1892
regarding the agency's duties.	1893

Section 2. That existing sections 109.921, 2317.56, 3125.18,	1894
3701.027, 3702.30, 4731.22, 5101.35, 5101.46, 5101.461, 5101.80,	1895
5101.801, and 5153.16 and sections 2919.19, 2919.191, 2919.192,	1896
2919.193, 3701.033, 3702.302, 3702.303, 3702.304, 3702.305,	1897
3702.306, 3702.307, 3702.308, 5101.101, and 5101.804 of the	1898
Revised Code are hereby repealed.	1899