As Reported by the House Finance and Appropriations Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 369

Representative Sprague 

Cosponsors: Representatives Antonio, Boose, Buchy, Butler, Letson, Patterson, Scherer, Sears, Sheehy, Smith, Wachtmann, Amstutz 

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A BILL

To amend sections 340.01, 340.02, 340.021, 340.03,

1

340.08, 340.09, 340.15, 2945.402, 3701.74,

2

4511.191, 4758.01, 4758.02, 4758.06, 4758.16,

3

4758.20, 4758.21, 4758.23, 4758.24, 4758.26,

4

4758.28, 4758.29, 4758.30, 4758.31, 4758.35,

5

4758.36, 4758.50, 4758.51, 4758.60, 4758.71,

6

5119.21, 5119.22, 5119.23, and 5119.25 and to

7

enact sections 340.092, 340.093, 340.20, 4758.48,

8

4758.62, 4758.63, 4758.64, 5119.362, 5119.363,

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5119.364, 5119.365, and 5122.36 of the Revised

10

Code, to amend Section 751.10 of Am. Sub. H.B. 59

11

of the 130th General Assembly, and to repeal

12

Section 327.83 of Am. Sub. H.B. 59 of the 130th

13

General Assembly, with respect to the

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administration, funding, and provision of mental

15

health and addiction services.

16

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

Section 1. That sections 340.01, 340.02, 340.021, 340.03,	17
340.08, 340.09, 340.15, 2945.402, 3701.74, 4511.191, 4758.01,	18
4758.02, 4758.06, 4758.16, 4758.20, 4758.21, 4758.23, 4758.24,	19
4758.26, 4758.28, 4758.29, 4758.30, 4758.31, 4758.35, 4758.36,	20
4758.50, 4758.51, 4758.60, 4758.71, 5119.21, 5119.22, 5119.23, and	21
5119.25 be amended and sections 340.092, 340.093, 340.20, 4758.48,	22
4758.62, 4758.63, 4758.64, 5119.362, 5119.363, 5119.364, 5119.365,	23
and 5122.36 of the Revised Code be enacted to read as follows:	24

Sec. 340.01.  (A) As used in this chapter, "addiction,":

25

(1) "Addiction," "addiction services," "alcohol and drug	26
addiction services," "community addiction services provider,"	27
"community mental health services provider," "drug addiction,"	28
"gambling addiction services," "mental health services," and	29
"mental illness" have the same meanings as in section 5119.01 of	30
the Revised Code.	31

(2) "Medication-assisted treatment" means alcohol and drug	32
addiction services that are accompanied by medication approved by	33
the United States food and drug administration for the treatment	34
of drug addiction, prevention of relapse of drug addiction, or	35
both.	36

(3) "Recovery housing" means housing for individuals	37
recovering from drug addiction that provides an alcohol and	38
drug-free living environment, peer support, assistance with	39
obtaining drug addiction services, and other drug addiction	40
recovery assistance.	41

(B) An alcohol, drug addiction, and mental health service	42
district shall be established in any county or combination of	43
counties having a population of at least fifty thousand to provide	44
addiction services and mental health services. With the approval	45
of the director of mental health and addiction services, any	46
county or combination of counties having a population of less than	47
fifty thousand may establish such a district. Districts	48
comprising more than one county shall be known as joint-county	49
districts.	50

The board of county commissioners of any county participating	51
in a joint-county district may submit a resolution requesting	52
withdrawal from the district together with a comprehensive plan or	53
plans that are in compliance with rules adopted by the director of	54
mental health and addiction services under section 5119.22 of the	55
Revised Code, and that provide for the equitable adjustment and	56
division of all services, assets, property, debts, and	57
obligations, if any, of the joint-county district to the board of	58
alcohol, drug addiction, and mental health services, to the boards	59
of county commissioners of each county in the district, and to the	60
directorsdirector. No county participating in a joint-county	61
service district may withdraw from the district without the	62
consent of the director of mental health and addiction services	63
nor earlier than one year after the submission of such resolution	64
unless all of the participating counties agree to an earlier	65
withdrawal. Any county withdrawing from a joint-county district	66
shall continue to have levied against its tax list and duplicate	67
any tax levied by the district during the period in which the	68
county was a member of the district until such time as the levy	69
expires or is renewed or replaced.	70

Sec. 340.02.  (A) For each alcohol, drug addiction, and	71
mental health service district, there shall be appointed a board	72
of alcohol, drug addiction, and mental health services consisting	73
of eighteen members or fourteen members. Should the board of	74
alcohol, drug addiction, and mental health services elect to	75
remain at eighteen members, as provided under section 340.02 of	76
the Revised Code as it existed immediately prior to the date of	77
this amendment, the board of alcohol, drug addiction, and mental	78
health services and the board of county commissioners shall not be	79
required to take any action. Should the board of alcohol, drug	80
addiction, and mental health services elect a recommendation to	81
become a fourteen-member board, that recommendation must be	82
approved by the board of county commissioners of the county in	83
which the alcohol, drug addiction, and mental health district is	84
located in order for the transition to a fourteen-member board to	85
occur. Not later than September 30, 2013, each board of alcohol,	86
drug addiction, and mental health services wishing to become a	87
fourteen-member board shall notify the board of county	88
commissioners of that recommendation. Failure of the board of	89
county commissioners to take action within thirty days after	90
receipt of the recommendation shall be deemed agreement by the	91
board of county commissioners to transition to a fourteen-member	92
board of alcohol, drug addiction, and mental health services.	93
Should the board of county commissioners reject the	94
recommendation, the board of county commissioners shall adopt a	95
resolution stating that rejection within thirty days after receipt	96
of the recommendation. Upon adoption of the resolution, the board	97
of county commissioners shall meet with the board of alcohol, drug	98
addiction, and mental health services to discuss the matter. After	99
the meeting, the board of county commissioners shall notify the	100
department of mental health and addiction services of its election	101
not later than January 1, 2014. In a joint-county district, a	102
majority of the boards of county commissioners must not reject the	103
recommendation of a joint-county board to become a fourteen-member	104
board in order for the transition to a fourteen-member board to	105
occur. Should the joint-county district have an even number of	106
counties, and the boards of county commissioners of these counties	107
tie in terms of whether or not to accept the recommendation of the	108
alcohol, drug addiction, and mental health services board, the	109
recommendation of the alcohol, drug addiction, and mental health	110
service board to become a fourteen-member board shall prevail. The	111
election shall be final. Failure to provide notice of its election	112
to the department on or before January 1, 2014, shall constitute	113
an election to continue to operate as an eighteen-member board,	114
which election shall also be final. If an existing board provides	115
timely notice of its election to transition to operate as a	116
fourteen-member board, the number of board members may decline	117
from eighteen to fourteen by attrition as current members' terms	118
expire. However, the composition of the board must reflect the	119
requirements set forth in this section for fourteen-member boards.	120
For all boards, half of the members shall be interested in mental	121
health services and half of the members shall be interested in	122
alcohol, drug, or gambling addiction services. All members shall	123
be residents of the service district. The membership shall, as	124
nearly as possible, reflect the composition of the population of	125
the service district as to race and sex.	126

(B) For boards operating as eighteen-member boards, the	127
director of mental health and addiction services shall appoint	128
eight members of the board and the board of county commissioners	129
shall appoint ten members. For boards operating as fourteen-member	130
boards, the director of mental health and addiction services shall	131
appoint six members of the board and the board of county	132
commissioners shall appoint eight members. In a joint-county	133
district, the county commissioners of each participating county	134
shall appoint members in as nearly as possible the same proportion	135
as that county's population bears to the total population of the	136
district, except that at least one member shall be appointed from	137
each participating county.	138

(C) The director of mental health and addiction services	139
shall ensure that at least one member of the board is a clinician	140
with experience in the delivery of mental health services, at	141
least one member of the board is a person who has received or is	142
receiving mental health services paid for by public funds, at	143
least one member of the board is a parent or other relative of	144
such a person, at least one member of the board is a clinician	145
with experience in the delivery of addiction services, at least	146
one member of the board is a person who has received or is	147
receiving addiction services paid for by public funds, and at	148
least one member of the board is a parent or other relative of	149
such a person. A single member who meets both qualifications may	150
fulfill the requirement for a clinician with experience in the	151
delivery of mental health services and a clinician with experience	152
in the delivery of addiction services.	153

(D) No member or employee of a board of alcohol, drug	154
addiction, and mental health services shall serve as a member of	155
the board of any provider with which the board of alcohol, drug	156
addiction, and mental health services has entered into a contract	157
for the provision of services or facilities. No member of a board	158
of alcohol, drug addiction, and mental health services shall be an	159
employee of any provider with which the board has entered into a	160
contract for the provision of services or facilities. No person	161
shall be an employee of a board and such a provider unless the	162
board and provider both agree in writing.	163

(E) No person shall serve as a member of the board of	164
alcohol, drug addiction, and mental health services whose spouse,	165
child, parent, brother, sister, grandchild, stepparent, stepchild,	166
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	167
daughter-in-law, brother-in-law, or sister-in-law serves as a	168
member of the board of any provider with which the board of	169
alcohol, drug addiction, and mental health services has entered	170
into a contract for the provision of services or facilities. No	171
person shall serve as a member or employee of the board whose	172
spouse, child, parent, brother, sister, stepparent, stepchild,	173
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	174
daughter-in-law, brother-in-law, or sister-in-law serves as a	175
county commissioner of a county or counties in the alcohol, drug	176
addiction, and mental health service district.	177

(F) Each year each board member shall attend at least one	178
inservice training session provided or approved by the department	179
of mental health and addiction services.	180

(G) For boards operating as eighteen-member boards, each	181
member shall be appointed for a term of four years, commencing the	182
first day of July, except that one-third of initial appointments	183
to a newly established board, and to the extent possible to	184
expanded boards, shall be for terms of two years, one-third of	185
initial appointments shall be for terms of three years, and	186
one-third of initial appointments shall be for terms of four	187
years. For boards operating as fourteen-member boards, each member	188
shall be appointed for a term of four years, commencing the first	189
day of July, except that four of the initial appointments to a	190
newly established board, and to the extent possible to expanded	191
boards, shall be for terms of two years, five initial appointments	192
shall be for terms of three years, and five initial appointments	193
shall be for terms of four years. No member shall serve more than	194
two consecutive four-year terms under the same appointing	195
authority. A member may serve for three consecutive terms under	196
the same appointing authority only if one of the terms is for less	197
than two years. A member who has served two consecutive four-year	198
terms or three consecutive terms totaling less than ten years is	199
eligible for reappointment by the same appointing authority one	200
year following the end of the second or third term, respectively.	201

When a vacancy occurs, appointment for the expired or	202
unexpired term shall be made in the same manner as an original	203
appointment. The appointing authority shall be notified by	204
certified mail of any vacancy and shall fill the vacancy within	205
sixty days following that notice.	206

Any member of the board may be removed from office by the	207
appointing authority for neglect of duty, misconduct, or	208
malfeasance in office, and shall be removed by the appointing	209
authority if the member is barred by this section from serving as	210
a board member. The member shall be informed in writing of the	211
charges and afforded an opportunity for a hearing. Upon the	212
absence of a member within one year from either four board	213
meetings or from two board meetings without prior notice, the	214
board shall notify the appointing authority, which may vacate the	215
appointment and appoint another person to complete the member's	216
term.	217

Members of the board shall serve without compensation, but	218
shall be reimbursed for actual and necessary expenses incurred in	219
the performance of their official duties, as defined by rules of	220
the department of mental health and addiction services.	221

Sec. 340.021.  (A) In an alcohol, drug addiction, and mental	222
health service district where the board of county commissioners	223
has established an alcohol and drug addiction services board, the	224
community mental health board established under former section	225
340.02 of the Revised Code shall serve as the entity responsible	226
for providing mental health services in the county. A community	227
mental health board has all the powers, duties, and obligations of	228
a board of alcohol, drug addiction, and mental health services	229
with regard to mental health services. An alcohol and drug	230
addiction services board has all the powers, duties, and	231
obligations of a board of alcohol, drug addiction, and mental	232
health services with regard to addiction services. Any provision	233
of the Revised Code that refers to a board of alcohol, drug	234
addiction, and mental health services with regard to mental health	235
services also refers to a community mental health board and any	236
provision that refers to a board of alcohol, drug addiction, and	237
mental health services with regard to alcohol and drug addiction	238
services also refers to an alcohol and drug addiction services	239
board.	240

An alcohol and drug addiction services board shall consist of	241
eighteen members or fourteen members, at the election of the	242
board. Not later than January 1, 2014, each alcohol and drug	243
addiction services board shall notify the department of mental	244
health and addiction services of its election to operate as an	245
eighteen-member board or to operate as a fourteen-member board.	246
The election shall be final. Failure to provide notice of its	247
election to the department on or before January 1, 2014, shall	248
constitute an election to continue to operate as an	249
eighteen-member board. If an existing board provides timely notice	250
of its election to operate as a fourteen-member board, the number	251
of board members may decline from eighteen to fourteen by	252
attrition as current members' terms expire. However, the	253
composition of the board must reflect the requirements set forth	254
in this section and in applicable provisions of section 340.02 of	255
the Revised Code for fourteen-member boards. For boards operating	256
as eighteen-member boards, six members shall be appointed by the	257
director of mental health and addiction services and twelve	258
members shall be appointed by the board of county commissioners.	259
The director of mental health and addiction services shall ensure	260
that at least one member of the board is a person who has received	261
or is receiving services for alcohol, drug, or gambling addiction	262
paid for with public funds, at least one member is a parent or	263
relative of such a person, and at least one member is a clinician	264
with experience in the delivery of addiction services. The	265
membership of the board shall, as nearly as possible, reflect the	266
composition of the population of the service district as to race	267
and sex. Members shall be residents of the service district and	268
shall be interested in alcohol, drug, or gambling addiction	269
services. Requirements for membership, including prohibitions	270
against certain family and business relationships, and terms of	271
office shall be the same as those for members of boards of	272
alcohol, drug addiction, and mental health services.	273

A community mental health board shall consist of eighteen	274
members or fourteen members, at the election of the board. Not	275
later than January 1, 2014, each community mental health board	276
shall notify the department of mental health and addiction	277
services of its election to operate as an eighteen-member board or	278
to operate as a fourteen-member board. The election shall be	279
final. Failure to provide notice of its election to the department	280
on or before January 1, 2014, shall constitute an election to	281
continue to operate as an eighteen-member board. If an existing	282
board provides timely notice of its election to operate as a	283
fourteen-member board, the number of board members may decline	284
from eighteen to fourteen by attrition as current members' terms	285
expire. However, the composition of the board must reflect the	286
requirements set forth in this section and in applicable	287
provisions of section 340.02 of the Revised Code for	288
fourteen-member boards. For boards operating as eighteen-member	289
boards, six members shall be appointed by the director of mental	290
health and addiction services and twelve members shall be	291
appointed by the board of county commissioners. The director of	292
mental health and addiction services shall ensure that at least	293
one member of the board is a person who has received or is	294
receiving mental health services paid for with public funds, at	295
least one member is a parent or relative of such a person, and at	296
least one member is a clinician with experience in the delivery of	297
mental health services. The membership of the board as nearly as	298
possible shall reflect the composition of the population of the	299
service district as to race and sex. Members shall be residents of	300
the service district and shall be interested in mental health	301
services. Requirements for membership, including prohibitions	302
against certain family and business relationships, and terms of	303
office shall be the same as those for members of boards of	304
alcohol, drug addiction, and mental health services.	305

(B)(1) If a board of county commissioners subject to division	306
(A) of this section did not adopt a final resolution providing for	307
a board of alcohol, drug addiction, and mental health services on	308
or before July 1, 2007, the board of county commissioners may	309
establish a board of alcohol, drug addiction, and mental health	310
services on or after the effective date of this amendment	311
September 23, 2008. To establish the board, the board of county	312
commissioners shall adopt a resolution providing for the board's	313
establishment. The composition of the board, the procedures for	314
appointing members, and all other matters related to the board and	315
its members are subject to section 340.02 of the Revised Code,	316
with the following exceptions:	317

(a) For initial appointments to the board, the county's	318
community mental health board and alcohol and drug addiction	319
services board shall jointly recommend members of those boards for	320
reappointment and shall submit the recommendations to the board of	321
county commissioners and the director of mental health and	322
addiction services.	323

(b) To the greatest extent possible, the appointing	324
authorities shall appoint the initial members from among the	325
members jointly recommended under division (B)(1)(a) of this	326
section.	327

(2) If a board of alcohol, drug addiction, and mental health	328
services is established pursuant to division (B)(1) of this	329
section, the board has the same rights, privileges, immunities,	330
powers, and duties that were possessed by the county's community	331
mental health board and alcohol and drug addiction services board.	332
When the board is established, all property and obligations of the	333
community mental health board and alcohol and drug addiction	334
services board shall be transferred to the board of alcohol, drug	335
addiction, and mental health services.	336

Sec. 340.03.  (A) Subject to rules issued by the director of	337
mental health and addiction services after consultation with	338
relevant constituencies as required by division (A)(10) of section	339
5119.21 of the Revised Code, the board of alcohol, drug addiction,	340
and mental health services shall:	341

(1) Serve as the community addiction and mental health	342
services planning agency for the county or counties under its	343
jurisdiction, and in so doing it shall:	344

(a) Evaluate the need for facilities and community addiction	345
and mental health services;	346

(b) In cooperation with other local and regional planning and	347
funding bodies and with relevant ethnic organizations, assess the	348
community addiction and mental health needs, evaluate strengths	349
and challenges, and set priorities for community addiction and	350
mental health services, including treatment and prevention. When	351
the board sets priorities for the operation of addiction services,	352
the board shall consult with the county commissioners of the	353
counties in the board's service district regarding the services	354
described in section 340.15 of the Revised Code and shall give	355
priority to those services, except that those services shall not	356
have a priority over services provided to pregnant women under	357
programs developed in relation to the mandate established in	358
section 5119.17 of the Revised Code;	359

(c) In accordance with guidelines issued by the director of	360
mental health and addiction services after consultation with board	361
representatives, annually develop and submit to the department of	362
mental health and addiction services a community addiction and	363
mental health services plan listing community addiction and mental	364
health services needs, including the needs of all residents of the	365
district currently receiving inpatient services in state-operated	366
hospitals, the needs of other populations as required by state or	367
federal law or programs, the needs of all children subject to a	368
determination made pursuant to section 121.38 of the Revised Code,	369
and priorities for facilities and community addiction and mental	370
health services during the period for which the plan will be in	371
effect.	372

In alcohol, drug addiction, and mental health service	373
districts that have separate alcohol and drug addiction services	374
and community mental health boards, the alcohol and drug addiction	375
services board shall submit a community addiction services plan	376
and the community mental health board shall submit a community	377
mental health services plan. Each board shall consult with its	378
counterpart in developing its plan and address the interaction	379
between the local addiction services and mental health services	380
systems and populations with regard to needs and priorities in	381
developing its plan.	382

The department shall approve or disapprove the plan, in whole	383
or in part, according to the criteria developed pursuant to	384
section 5119.22 of the Revised Code. Eligibility for state and	385
federal funding shall be contingent upon an approved plan or	386
relevant part of a plan.	387

If a board determines that it is necessary to amend a plan	388
that has been approved under this division, the board shall submit	389
a proposed amendment to the director. The director may approve or	390
disapprove all or part of the amendment. The director shall inform	391
the board of the reasons for disapproval of all or part of an	392
amendment and of the criteria that must be met before the	393
amendment may be approved. The director shall provide the board an	394
opportunity to present its case on behalf of the amendment. The	395
director shall give the board a reasonable time in which to meet	396
the criteria, and shall offer the board technical assistance to	397
help it meet the criteria.	398

The board shall operate in accordance with the plan approved	399
by the department.	400

(d) Promote, arrange, and implement working agreements with	401
social agencies, both public and private, and with judicial	402
agencies.	403

(2) Investigate, or request another agency to investigate,	404
any complaint alleging abuse or neglect of any person receiving	405
services from a community addiction or mental health services	406
provider certified under section 5119.36 of the Revised Code or	407
alleging abuse or neglect of a resident receiving addiction	408
services or with mental illness or severe mental disability	409
residing in a residential facility licensed under section 5119.34	410
of the Revised Code. If the investigation substantiates the charge	411
of abuse or neglect, the board shall take whatever action it	412
determines is necessary to correct the situation, including	413
notification of the appropriate authorities. Upon request, the	414
board shall provide information about such investigations to the	415
department.	416

(3) For the purpose of section 5119.36 of the Revised Code,	417
cooperate with the director of mental health and addiction	418
services in visiting and evaluating whether the services of a	419
community addiction or mental health services provider satisfy the	420
certification standards established by rules adopted under that	421
section;	422

(4) In accordance with criteria established under division	423
(E) of section 5119.22 of the Revised Code, conduct program audits	424
that review and evaluate the quality, effectiveness, and	425
efficiency of services provided through its community addiction	426
and mental health contracted services and submit its findings and	427
recommendations to the department of mental health and addiction	428
services;	429

(5) In accordance with section 5119.34 of the Revised Code,	430
review an application for a residential facility license and	431
provide to the department of mental health and addiction services	432
any information about the applicant or facility that the board	433
would like the department to consider in reviewing the	434
application;	435

(6) Audit, in accordance with rules adopted by the auditor of	436
state pursuant to section 117.20 of the Revised Code, at least	437
annually all programs and services provided under contract with	438
the board. In so doing, the board may contract for or employ the	439
services of private auditors. A copy of the fiscal audit report	440
shall be provided to the director of mental health and addiction	441
services, the auditor of state, and the county auditor of each	442
county in the board's district.	443

(7) Recruit and promote local financial support for addiction	444
and mental health services from private and public sources;	445

(8)(a) Enter into contracts with public and private	446
facilities for the operation of facility services and enter into	447
contracts with public and private community addiction and mental	448
health service providers for the provision of community addiction	449
and mental health services. The board may not contract with a	450
residential facility subject to section 5119.34 of the Revised	451
Code unless the facility is licensed by the director of mental	452
health and addiction services and may not contract with a	453
community addiction or mental health services provider to provide	454
community addiction or mental health services unless the services	455
are certified by the director of mental health and addiction	456
services under section 5119.36 of the Revised Code. Section 307.86	457
of the Revised Code does not apply to contracts entered into under	458
this division. In contracting with a community addiction or mental	459
health services provider, a board shall consider the cost	460
effectiveness of services provided by that provider and the	461
quality and continuity of care, and may review cost elements,	462
including salary costs, of the services to be provided. A	463
utilization review process may be established as part of the	464
contract for services entered into between a board and a community	465
addiction or mental health services provider. The board may	466
establish this process in a way that is most effective and	467
efficient in meeting local needs.	468

If either the board or a facility or community addiction or	469
mental health services provider with which the board contracts	470
under this division proposes not to renew the contract or proposes	471
substantial changes in contract terms, the other party shall be	472
given written notice at least one hundred twenty days before the	473
expiration date of the contract. During the first sixty days of	474
this one hundred twenty-day period, both parties shall attempt to	475
resolve any dispute through good faith collaboration and	476
negotiation in order to continue to provide services to persons in	477
need. If the dispute has not been resolved sixty days before the	478
expiration date of the contract, either party may notify the	479
department of mental health and addiction services of the	480
unresolved dispute. The director may require both parties to	481
submit the dispute to a third party with the cost to be shared by	482
the board and the facility or provider. The third party shall	483
issue to the board, the facility or provider, and the department	484
recommendations on how the dispute may be resolved twenty days	485
prior to the expiration date of the contract, unless both parties	486
agree to a time extension. The director shall adopt rules	487
establishing the procedures of this dispute resolution process.	488

(b) With the prior approval of the director of mental health	489
and addiction services, a board may operate a facility or provide	490
a community addiction or mental health service as follows, if	491
there is no other qualified private or public facility or	492
community addiction or mental health services provider that is	493
immediately available and willing to operate such a facility or	494
provide the service:	495

(i) In an emergency situation, any board may operate a	496
facility or provide a community addiction or mental health service	497
in order to provide essential services for the duration of the	498
emergency;	499

(ii) In a service district with a population of at least one	500
hundred thousand but less than five hundred thousand, a board may	501
operate a facility or provide a community addiction or mental	502
health service for no longer than one year;	503

(iii) In a service district with a population of less than	504
one hundred thousand, a board may operate a facility or provide a	505
community addiction or mental health service for no longer than	506
one year, except that such a board may operate a facility or	507
provide a community addiction or mental health service for more	508
than one year with the prior approval of the director and the	509
prior approval of the board of county commissioners, or of a	510
majority of the boards of county commissioners if the district is	511
a joint-county district.	512

The director shall not give a board approval to operate a	513
facility or provide a community addiction or mental health service	514
under division (A)(8)(b)(ii) or (iii) of this section unless the	515
director determines that it is not feasible to have the department	516
operate the facility or provide the service.	517

The director shall not give a board approval to operate a	518
facility or provide a community addiction or mental health service	519
under division (A)(8)(b)(iii) of this section unless the director	520
determines that the board will provide greater administrative	521
efficiency and more or better services than would be available if	522
the board contracted with a private or public facility or	523
community addiction or mental health services provider.	524

The director shall not give a board approval to operate a	525
facility previously operated by a person or other government	526
entity unless the board has established to the director's	527
satisfaction that the person or other government entity cannot	528
effectively operate the facility or that the person or other	529
government entity has requested the board to take over operation	530
of the facility. The director shall not give a board approval to	531
provide a community addiction or mental health service previously	532
provided by a community addiction or mental health services	533
provider unless the board has established to the director's	534
satisfaction that the provider cannot effectively provide the	535
service or that the provider has requested the board take over	536
providing the service.	537

The director shall review and evaluate a board's operation of	538
a facility and provision of community addiction or mental health	539
service under division (A)(8)(b) of this section.	540

Nothing in division (A)(8)(b) of this section authorizes a	541
board to administer or direct the daily operation of any facility	542
or community addiction or mental health services provider, but a	543
facility or provider may contract with a board to receive	544
administrative services or staff direction from the board under	545
the direction of the governing body of the facility or provider.	546

(9) Approve fee schedules and related charges or adopt a unit	547
cost schedule or other methods of payment for contract services	548
provided by community addiction or mental health services	549
providers in accordance with guidelines issued by the department	550
as necessary to comply with state and federal laws pertaining to	551
financial assistance;	552

(10) Submit to the director and the county commissioners of	553
the county or counties served by the board, and make available to	554
the public, an annual report of the services under the	555
jurisdiction of the board, including a fiscal accounting;	556

(11) Establish, to the extent resources are available, a full	557
spectrum of care for all levels of treatment services for opioid	558
and co-occurring drug addiction and a continuum of care, which	559
providesfor other services that provide for prevention,	560
treatment, support, and rehabilitation services and opportunities.	561
The essential elements of the full spectrum and continuum of care	562
include, but are not limited to, the following components in	563
accordance with section 5119.21 of the Revised Code:	564

(a) To locate persons in need of addiction or mental health	565
services to inform them of available services and benefits;	566

(b) Assistance for persons receiving services to obtain	567
services necessary to meet basic human needs for food, clothing,	568
shelter, medical care, personal safety, and income;	569

(c) Addiction and mental health services, including, but not	570
limited to, outpatient, residential, partial hospitalization, and,	571
where appropriate, inpatient (where appropriate), and any other	572
type of addiction and mental health care;	573

(d) Emergency services and crisis intervention;

574

(e) Assistance for persons receiving services to obtain	575
vocational services and opportunities for jobs;	576

(f) The provision of services designed to develop social,	577
community, and personal living skills;	578

(g) Access to a wide range of housing and the provision of	579
residential treatment and support;	580

(h) Support, assistance, consultation, and education for	581
families, friends, persons receiving addiction or mental health	582
services, and others;	583

(i) Recognition and encouragement of families, friends,	584
neighborhood networks, especially networks that include racial and	585
ethnic minorities, churches, community organizations, and	586
community employment as natural supports for persons receiving	587
addiction or mental health services;	588

(j) Grievance procedures and protection of the rights of	589
persons receiving addiction or mental health services;	590

(k) Community psychiatric supportive treatment services,	591
which includes continual individualized assistance and advocacy to	592
ensure that needed services are offered and procured;	593

(l) Any additional component the department determines is	594
necessary to establish a full spectrum of care for all levels of	595
treatment services for opioid and co-occurring drug addiction and	596
a continuum of care for other services.	597

(12) Establish a method for evaluating referrals for	598
involuntary commitment and affidavits filed pursuant to section	599
5122.11 of the Revised Code in order to assist the probate	600
division of the court of common pleas in determining whether there	601
is probable cause that a respondent is subject to involuntary	602
hospitalization and what alternative treatment is available and	603
appropriate, if any;	604

(13) Designate the treatment services, provider, facility, or	605
other placement for each person involuntarily committed to the	606
board pursuant to Chapter 5122. of the Revised Code. The board	607
shall provide the least restrictive and most appropriate	608
alternative that is available for any person involuntarily	609
committed to it and shall assure that the listed services	610
submitted and approved in accordance with division (B) of section	611
340.08 of the Revised Code are available to severely mentally	612
disabled persons residing within its service district. The board	613
shall establish the procedure for authorizing payment for	614
services, which may include prior authorization in appropriate	615
circumstances. The board may provide for services directly to a	616
severely mentally disabled person when life or safety is	617
endangered and when no community mental health services provider	618
is available to provide the service.	619

(14) Ensure that apartments or rooms built, subsidized,	620
renovated, rented, owned, or leased by the board or a community	621
addiction or mental health services provider have been approved as	622
meeting minimum fire safety standards and that persons residing in	623
the rooms or apartments are receiving appropriate and necessary	624
services, including culturally relevant services, from a community	625
addiction or mental health services provider. This division does	626
not apply to residential facilities licensed pursuant to section	627
5119.34 of the Revised Code.	628

(15) Establish a mechanism for obtaining advice and	629
involvement of persons receiving publicly funded addiction or	630
mental health services on matters pertaining to addiction and	631
mental health services in the alcohol, drug addiction, and mental	632
health service district;	633

(16) Perform the duties required by rules adopted under	634
section 5119.22 of the Revised Code regarding referrals by the	635
board or mental health services providers under contract with the	636
board of individuals with mental illness or severe mental	637
disability to residential facilities as defined in division	638
(A)(9)(b)(iii) of section 5119.34 of the Revised Code and	639
effective arrangements for ongoing mental health services for the	640
individuals. The board is accountable in the manner specified in	641
the rules for ensuring that the ongoing mental health services are	642
effectively arranged for the individuals.	643

(B) The board shall establish such rules, operating	644
procedures, standards, and bylaws, and perform such other duties	645
as may be necessary or proper to carry out the purposes of this	646
chapter.	647

(C) A board of alcohol, drug addiction, and mental health	648
services may receive by gift, grant, devise, or bequest any	649
moneys, lands, or property for the benefit of the purposes for	650
which the board is established, and may hold and apply it	651
according to the terms of the gift, grant, or bequest. All money	652
received, including accrued interest, by gift, grant, or bequest	653
shall be deposited in the treasury of the county, the treasurer of	654
which is custodian of the alcohol, drug addiction, and mental	655
health services funds to the credit of the board and shall be	656
available for use by the board for purposes stated by the donor or	657
grantor.	658

(D) No board member or employee of a board of alcohol, drug	659
addiction, and mental health services shall be liable for injury	660
or damages caused by any action or inaction taken within the scope	661
of the board member's official duties or the employee's	662
employment, whether or not such action or inaction is expressly	663
authorized by this section or any other section of the Revised	664
Code, unless such action or inaction constitutes willful or wanton	665
misconduct. Chapter 2744. of the Revised Code applies to any	666
action or inaction by a board member or employee of a board taken	667
within the scope of the board member's official duties or	668
employee's employment. For the purposes of this division, the	669
conduct of a board member or employee shall not be considered	670
willful or wanton misconduct if the board member or employee acted	671
in good faith and in a manner that the board member or employee	672
reasonably believed was in or was not opposed to the best	673
interests of the board and, with respect to any criminal action or	674
proceeding, had no reasonable cause to believe the conduct was	675
unlawful.	676

(E) The meetings held by any committee established by a board	677
of alcohol, drug addiction, and mental health services shall be	678
considered to be meetings of a public body subject to section	679
121.22 of the Revised Code.	680

Sec. 340.08.  In accordance with rules or guidelines issued	681
by the director of mental health and addiction services, each	682
board of alcohol, drug addiction, and mental health services shall	683
do all of the following:	684

(A) Submit to the department of mental health and addiction	685
services a report of receipts and expenditures for all federal,	686
state, and local moneys the board expects to receive;.	687

(1) The report shall identify funds the board has available	688
for the full spectrum of care for all levels of treatment services	689
for opioid and co-occurring drug addiction required by division	690
(B) of section 340.09 of the Revised Code.	691

(2) The report shall identify funds the board and public	692
children services agencies in the board's service district have	693
available to fund jointly the services described in section 340.15	694
of the Revised Code.	695

(2)(3) The board's proposed budget for expenditures of state	696
and federal funds distributed to the board by the department shall	697
be deemed an application for funds, and the department shall	698
approve or disapprove the budget for these expenditures. The	699
department shall inform the board of the reasons for disapproval	700
of the budget for the expenditure of state and federal funds and	701
of the criteria that must be met before the budget may be	702
approved. The director shall provide the board an opportunity to	703
present its case on behalf of the submitted budget. The director	704
shall give the board a reasonable time in which to meet the	705
criteria and shall offer the board technical assistance to help it	706
meet the criteria.	707

If a board determines that it is necessary to amend a budget	708
that has been approved under this section, the board shall submit	709
a proposed amendment to the director. The director may approve or	710
disapprove all or part of the amendment. The director shall inform	711
the board of the reasons for disapproval of all or part of the	712
amendment and of the criteria that must be met before the	713
amendment may be approved. The director shall provide the board an	714
opportunity to present its case on behalf of the amendment. The	715
director shall give the board a reasonable time in which to meet	716
the criteria and shall offer the board technical assistance to	717
help it meet the criteria.	718

(3)(4) The director of mental health and addiction services,	719
in whole or in part, may withhold funds otherwise to be allocated	720
to a board of alcohol, drug addiction, and mental health services	721
under Chapter 5119. of the Revised Code if the board's use of	722
state and federal funds fails to comply with the approved budget,	723
as it may be amended with the approval of the department. However,	724
the director shall withhold all such funds from the board if the	725
board fails to make the full spectrum of care for all levels of	726
treatment services for opioid and co-occurring drug addiction	727
available in the board's district in accordance with division (B)	728
of section 340.09 of the Revised Code.	729

(B) Submit to the department a statement identifying the	730
services described in section 340.09 of the Revised Code the board	731
intends to make available. The board shall include the full	732
spectrum of care for all levels of treatment services for opioid	733
and co-occurring drug addiction required by division (B) of	734
section 340.09 of the Revised Code, crisis intervention services	735
for individuals in emergency situations, and services required	736
pursuant to section 340.15 of the Revised Code, and the. The board	737
shall explain the manner in which the board intends to make such	738
services available. The list of services shall be compatible with	739
the budget submitted pursuant to division (A) of this section. The	740
department shall approve or disapprove the proposed listing of	741
services to be made available. The department shall inform the	742
board of the reasons for disapproval of the listing of proposed	743
services and of the criteria that must be met before listing of	744
proposed services may be approved. The director shall provide the	745
board an opportunity to present its case on behalf of the	746
submitted listing of proposed services. The director shall give	747
the board a reasonable time in which to meet the criteria and	748
shall offer the board technical assistance to help it meet the	749
criteria.	750

(C) Enter into a continuity of care agreement with the state	751
institution operated by the department of mental health and	752
addiction services and designated as the institution serving the	753
district encompassing the board's service district. The continuity	754
of care agreement shall outline the department's and the board's	755
responsibilities to plan for and coordinate with each other to	756
address the needs of board residents who are patients in the	757
institution, with an emphasis on managing appropriate hospital bed	758
day use and discharge planning. The continuity of care agreement	759
shall not require the board to provide services other than those	760
on the list of services submitted by the board and approved by the	761
department pursuant to division (B) of this section.	762

(D) In conjunction with the department of mental health and	763
addiction services, operate a coordinated system for tracking and	764
monitoring persons found not guilty by reason of insanity and	765
committed pursuant to section 2945.40 of the Revised Code who have	766
been granted a conditional release and persons found incompetent	767
to stand trial and committed pursuant to section 2945.39 of the	768
Revised Code who have been granted a conditional release. The	769
system shall do all of the following:	770

(1) Centralize responsibility for the tracking of those	771
persons;	772

(2) Provide for uniformity in monitoring those persons;

773

(3) Provide a mechanism to allow prompt rehospitalization,	774
reinstitutionalization, or detention when a violation of the	775
conditional release or decompensation occurs.	776

(E) Submit to the department a report summarizing complaints	777
and grievances received by the board concerning the rights of	778
persons seeking or receiving services, investigations of	779
complaints and grievances, and outcomes of the investigations.	780

(F) Provide to the department information to be submitted to	781
the community addiction and mental health information system or	782
systems established by the department under Chapter 5119. of the	783
Revised Code.	784

(G) Annually, and upon any change in membership, submit to	785
the department a list of all current members of the board of	786
alcohol, drug addiction, and mental health services, including the	787
appointing authority for each member, and the member's specific	788
qualification for appointment pursuant to section 340.02 or	789
340.021 of the Revised Code, if applicable.	790

(H) Submit to the department other information as is	791
reasonably required for purposes of the department's operations,	792
service evaluation, reporting activities, research, system	793
administration, and oversight.	794

Sec. 340.09.  (A) The department of mental health and	795
addiction services shall provide assistance to any county for the	796
all of the following from funds the general assembly appropriates	797
for these purposes:	798

(1) The operation of boardsthe board of alcohol, drug	799
addiction, and mental health services, the provision of services	800
serving the county;	801

(2) The full spectrum of care for all levels of treatment	802
services for opioid and co-occurring drug addiction that are	803
approved by the department and made available in the county by the	804
board serving the county;	805

(3) The continuum of care for other services that are	806
approved by the department within the continuum of care, theand	807
made available in the county by the board serving the county;	808

(4) The provision of approved support functions, and the;

809

(5) The partnership in, or support for, approved continuum of	810
care-related activities from funds appropriated for that purpose	811
by the general assemblyrelated to the full spectrum of all levels	812
of treatment services for opioid and co-occurring drug addiction	813
and the continuum of care of other services.	814

(B) The full spectrum of care for all levels of treatment	815
services for opioid and co-occurring drug addiction shall include	816
at least ambulatory and sub-acute detoxification, non-intensive	817
and intensive outpatient services, medication-assisted treatment,	818
peer mentoring, residential treatment services, recovery housing	819
pursuant to section 340.092 of the Revised Code, and twelve-step	820
approaches. The treatment services shall be made available in the	821
service district of each board, except that a treatment consisting	822
of sub-acute detoxification or residential treatment services for	823
opioid and co-occurring drug addiction is not required to be	824
available in a board's service district if the board has a	825
contract with one or more providers of sub-acute detoxification or	826
residential treatment services for opioid and co-occurring drug	827
addiction located in other service districts. The treatment	828
services shall be made available in a manner that ensures that	829
service recipients are able to access the services they need for	830
opioid and co-occurring drug addiction in an integrated manner and	831
without delay when changing or obtaining additional treatment	832
services for such addiction. A treatment service for opioid and	833
co-occurring drug addiction shall not be excluded from the full	834
spectrum of care on the basis that the treatment service	835
previously failed.	836

(C) Categories in the continuum of care for other services	837
may include the following:	838

(1) Inpatient;

839

(2) Sub-acute detoxification;

840

(3) Residential;

841

(3)(4) Outpatient treatment;

842

(4)(5) Intensive and other supports;

843

(5)(6) Recovery support;

844

(6)(7) Prevention and wellness management.

845

(C)(D) Support functions may include the following:

846

(1) Consultation;

847

(2) Research;

848

(3) Administrative;

849

(4) Referral and information;

850

(5) Training;

851

(6) Service and program evaluation.

852

Sec. 340.092.  All of the following apply to the recovery	853
housing that each board of alcohol, drug addiction, and mental	854
health services shall include in the full spectrum of care for all	855
levels of treatment services for opioid and co-occurring drug	856
addiction under division (B) of section 340.09 of the Revised	857
Code:	858

(A) The recovery housing shall not be owned or operated by a	859
residential facility as defined in section 5119.34 of the Revised	860
Code and instead shall be owned and operated by the following:	861

(1) Except as provided in division (A)(2) of this section, a	862
community addiction services provider or other local	863
nongovernmental organization (including a peer-run recovery	864
organization), as appropriate to the needs of the board's service	865
district;	866

(2) The board, if either of the following applies:

867

(a) The board owns and operates the recovery housing on the	868
effective date of this section.	869

(b) The board determines that there is an emergency need for	870
the board to assume the ownership and operation of the recovery	871
housing such as when an existing owner and operator of the	872
recovery housing goes out of business, and the board considers the	873
assumption of ownership and operation of the recovery housing to	874
be its last resort.	875

(B) The recovery housing shall have protocols for all of the	876
following:	877

(1) Administrative oversight;

878

(2) Quality standards;

879

(3) Policies and procedures, including house rules, for its	880
residents to which the residents must agree to adhere.	881

(C) Individuals recovering from opioid or co-occurring drug	882
addiction shall have priority in admission to the recovery	883
housing, but an individual recovering from other drug addictions	884
may be admitted if an available slot is not needed for an	885
individual recovering from opioid or co-occurring drug addiction.	886

(D) Family members of the recovery housing's residents may	887
reside in the recovery housing to the extent the recovery	888
housing's protocols permit.	889

(E) The recovery housing shall not limit a resident's	890
duration of stay to an arbitrary or fixed amount of time. Instead,	891
each resident's duration of stay shall be determined by the	892
resident's needs, progress, and willingness to abide by the	893
recovery housing's protocols, in collaboration with the recovery	894
housing's owner, and, if appropriate, in consultation and	895
integration with a community addiction services provider.	896

(F) The recovery housing's residents may receive	897
medication-assisted treatment while residing in the recovery	898
housing.	899

(G) The recovery housing is not subject to certification by	900
the department of mental health and addiction services under	901
section 5119.36 of the Revised Code.	902

Sec. 340.093.  If the amount of funds that a board of	903
alcohol, drug addiction, and mental health services has for the	904
board's full spectrum of care for all levels of treatment services	905
for opioid and co-occurring drug addiction is greater than the	906
amount needed to provide the treatment services to all eligible	907
individuals with opioid and co-occurring drug addictions who apply	908
to the board for the treatment services, the board may use the	909
excess funds to provide the treatment services to other eligible	910
individuals with alcohol or other types of drug addictions.	911

Sec. 340.15.  (A) A public children services agency that	912
identifies a child by a risk assessment conducted pursuant to	913
section 5153.16 of the Revised Code as being at imminent risk of	914
being abused or neglected because of an addiction of a parent,	915
guardian, or custodian of the child to a drug of abuse or alcohol	916
shall refer the child's addicted parent, guardian, or custodian	917
and, if the agency determines that the child needs alcohol or	918
other drug addiction services, the child to a community addiction	919
services provider certified by the department of mental health and	920
addiction services under section 5119.36 of the Revised Code. A	921
public children services agency that is sent a court order issued	922
pursuant to division (B) of section 2151.3514 of the Revised Code	923
shall refer the addicted parent or other caregiver of the child	924
identified in the court order to a community addiction services	925
provider certified by the department of mental health and	926
addiction services under section 5119.36 of the Revised Code. On	927
receipt of a referral under this division and to the extent	928
funding identified under division (A)(1)(2) of section 340.08 of	929
the Revised Code is available, the provider shall provide the	930
following services to the addicted parent, guardian, custodian, or	931
caregiver and child in need of addiction services:	932

(1) If it is determined pursuant to an initial screening to	933
be needed, assessment and appropriate treatment;	934

(2) Documentation of progress in accordance with a treatment	935
plan developed for the addicted parent, guardian, custodian,	936
caregiver, or child;	937

(3) If the referral is based on a court order issued pursuant	938
to division (B) of section 2151.3514 of the Revised Code and the	939
order requires the specified parent or other caregiver of the	940
child to submit to alcohol or other drug testing during, after, or	941
both during and after, treatment, testing in accordance with the	942
court order.	943

(B) The services described in division (A) of this section	944
shall have a priority as provided in the addiction and mental	945
health services plan and budget established pursuant to sections	946
340.03 and 340.08 of the Revised Code. Once a referral has been	947
received pursuant to this section, the public children services	948
agency and the addiction services provider shall, in accordance	949
with 42 C.F.R. Part 2, share with each other any information	950
concerning the persons and services described in that division	951
that the agency and provider determine are necessary to share. If	952
the referral is based on a court order issued pursuant to division	953
(B) of section 2151.3514 of the Revised Code, the results and	954
recommendations of the addiction services provider also shall be	955
provided and used as described in division (D) of that section.	956
Information obtained or maintained by the agency or provider	957
pursuant to this section that could enable the identification of	958
any person described in division (A) of this section is not a	959
public record subject to inspection or copying under section	960
149.43 of the Revised Code.	961

Sec. 340.20.  (A) In accordance with the rules adopted under	962
section 5119.363 of the Revised Code, each board of alcohol, drug	963
addiction, and mental health services monthly shall do all of the	964
following:	965

(1) Compile on an aggregate basis the information the board	966
receives that month from community addiction services providers	967
under section 5119.362 of the Revised Code;	968

(2) Determine the number of applications for a treatment	969
service included in the full spectrum of care required by division	970
(B) of section 340.09 of the Revised Code that the board received	971
in the immediately preceding month and that the board denied that	972
month, each type of treatment service so denied, and the reasons	973
for the denials;	974

(3) Subject to division (B) of this section, report all of	975
the following to the department of mental health and addiction	976
services:	977

(a) The information that the board compiles under division	978
(A)(1) of this section that month;	979

(b) The information that the board determines under division	980
(A)(2) of this section that month;	981

(c) All other information required by the rules.

982

(B) Each board shall report the information required by	983
division (A)(3) of this section as follows:	984

(1) In an electronic format;

985

(2) In a manner that maintains the confidentiality of all	986
individuals for whom information is included in the report;	987

(3) In a manner that presents the information about the	988
individuals whose information is included in the report by their	989
counties of residence.	990

Sec. 2945.402.  (A) In approving a conditional release, the	991
trial court may set any conditions on the release with respect to	992
the treatment, evaluation, counseling, or control of the defendant	993
or person that the court considers necessary to protect the public	994
safety and the welfare of the defendant or person. The trial court	995
may revoke a defendant's or person's conditional release and order	996
reinstatement of the previous placement or reinstitutionalization	997
at any time the conditions of the release have not been satisfied,	998
provided that the revocation shall be in accordance with this	999
section.	1000

(B) A conditional release is a commitment. The hearings on	1001
continued commitment as described in section 2945.401 of the	1002
Revised Code apply to a defendant or person on conditional	1003
release.	1004

(C) A person, agency, or facility that is assigned to monitor	1005
a defendant or person on conditional release immediately shall	1006
notify the trial court on learning that the defendant or person	1007
being monitored has violated the terms of the conditional release.	1008
Upon learning of any violation of the terms of the conditional	1009
release, the trial court may issue a temporary order of detention	1010
or, if necessary, an arrest warrant for the defendant or person.	1011
Within ten court days after the defendant's or person's detention	1012
or arrest, the trial court shall conduct a hearing to determine	1013
whether the conditional release should be modified or terminated.	1014
At the hearing, the defendant or person shall have the same rights	1015
as are described in division (C) of section 2945.40 of the Revised	1016
Code. The trial court may order a continuance of the ten-court-day	1017
period for no longer than ten days for good cause shown or for any	1018
period on motion of the defendant or person. If the trial court	1019
fails to conduct the hearing within the ten-court-day period and	1020
does not order a continuance in accordance with this division, the	1021
defendant or person shall be restored to the prior conditional	1022
release status.	1023

(D) The trial court shall give all parties reasonable notice	1024
of a hearing conducted under this section. At the hearing, the	1025
prosecutor shall present the case demonstrating that the defendant	1026
or person violated the terms of the conditional release. If the	1027
court finds by a preponderance of the evidence that the defendant	1028
or person violated the terms of the conditional release, the court	1029
may continue, modify, or terminate the conditional release and	1030
shall enter its order accordingly.	1031

(E)(1) If a court approves a conditional release, the court	1032
shall report the approval and information pertaining to the	1033
release to the local law enforcement agency. The local law	1034
enforcement agency shall enter the approval and information into	1035
the national crime information center supervised release file	1036
through the law enforcement automated data system. The information	1037
required by divisions (E)(1)(c) and (d) of this section shall be	1038
entered into the file's miscellaneous field. The information	1039
reported and entered shall include all of the following:	1040

(a) The name of the court providing the information;

1041

(b) The offense or offenses with which the defendant or	1042
person was charged;	1043

(c) Whether the person was found not guilty by reason of	1044
insanity or incompetent to stand trial with no substantial	1045
probability of becoming competent even with a course of treatment;	1046

(d) The reason for the conditional release;

1047

(e) Any other information required for the entry of	1048
information into the national crime information center supervised	1049
release file.	1050

(2) Information entered into the national crime information	1051
center supervised release file pursuant to this section shall	1052
remain in the file until the termination of the conditional	1053
release or commitment.	1054

(3) If a defendant or person about whom information is	1055
entered into the national crime information center supervised	1056
release file pursuant to division (E)(1) of this section has	1057
contact with a law enforcement agency after the information is	1058
entered, the agency shall report the contact to the department of	1059
mental health and addiction services and, if the terms of the	1060
release require the defendant or person to receive mental health	1061
treatment, to the person, office, or agency providing the	1062
treatment.	1063

(4) As used in division (E) of this section, "local law	1064
enforcement agency" means the police department of a municipal	1065
corporation in which the offense with which a releasee was charged	1066
allegedly occurred or, if the offense did not allegedly occur in a	1067
municipal corporation, the sheriff of the county in which the	1068
offense allegedly occurred.	1069

Sec. 3701.74.  (A) As used in this section and section	1070
3701.741 of the Revised Code:	1071

(1) "Ambulatory care facility" means a facility that provides	1072
medical, diagnostic, or surgical treatment to patients who do not	1073
require hospitalization, including a dialysis center, ambulatory	1074
surgical facility, cardiac catheterization facility, diagnostic	1075
imaging center, extracorporeal shock wave lithotripsy center, home	1076
health agency, inpatient hospice, birthing center, radiation	1077
therapy center, emergency facility, and an urgent care center.	1078
"Ambulatory care facility" does not include the private office of	1079
a physician or dentist, whether the office is for an individual or	1080
group practice.	1081

(2) "Chiropractor" means an individual licensed under Chapter	1082
4734. of the Revised Code to practice chiropractic.	1083

(3) "Emergency facility" means a hospital emergency	1084
department or any other facility that provides emergency medical	1085
services.	1086

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

1087

(a) A dentist or dental hygienist licensed under Chapter	1088
4715. of the Revised Code;	1089

(b) A registered or licensed practical nurse licensed under	1090
Chapter 4723. of the Revised Code;	1091

(c) An optometrist licensed under Chapter 4725. of the	1092
Revised Code;	1093

(d) A dispensing optician, spectacle dispensing optician,	1094
contact lens dispensing optician, or spectacle-contact lens	1095
dispensing optician licensed under Chapter 4725. of the Revised	1096
Code;	1097

(e) A pharmacist licensed under Chapter 4729. of the Revised	1098
Code;	1099

(f) A physician;

1100

(g) A physician assistant authorized under Chapter 4730. of	1101
the Revised Code to practice as a physician assistant;	1102

(h) A practitioner of a limited branch of medicine issued a	1103
certificate under Chapter 4731. of the Revised Code;	1104

(i) A psychologist licensed under Chapter 4732. of the	1105
Revised Code;	1106

(j) A chiropractor;

1107

(k) A hearing aid dealer or fitter licensed under Chapter	1108
4747. of the Revised Code;	1109

(l) A speech-language pathologist or audiologist licensed	1110
under Chapter 4753. of the Revised Code;	1111

(m) An occupational therapist or occupational therapy	1112
assistant licensed under Chapter 4755. of the Revised Code;	1113

(n) A physical therapist or physical therapy assistant	1114
licensed under Chapter 4755. of the Revised Code;	1115

(o) A professional clinical counselor, professional	1116
counselor, social worker, or independent social worker licensed,	1117
or a social work assistant registered, under Chapter 4757. of the	1118
Revised Code;	1119

(p) A dietitian licensed under Chapter 4759. of the Revised	1120
Code;	1121

(q) A respiratory care professional licensed under Chapter	1122
4761. of the Revised Code;	1123

(r) An emergency medical technician-basic, emergency medical	1124
technician-intermediate, or emergency medical technician-paramedic	1125
certified under Chapter 4765. of the Revised Code.	1126

(5) "Health care provider" means a hospital, ambulatory care	1127
facility, long-term care facility, pharmacy, emergency facility,	1128
or health care practitioner.	1129

(6) "Hospital" has the same meaning as in section 3727.01 of	1130
the Revised Code.	1131

(7) "Long-term care facility" means a nursing home,	1132
residential care facility, or home for the aging, as those terms	1133
are defined in section 3721.01 of the Revised Code; a residential	1134
facility licensed under section 5119.34 of the Revised Code that	1135
provides accommodations, supervision, and personal care services	1136
for three to sixteen unrelated adults; a nursing facility, as	1137
defined in section 5165.01 of the Revised Code; a skilled nursing	1138
facility, as defined in section 5165.01 of the Revised Code; and	1139
an intermediate care facility for individuals with intellectual	1140
disabilities, as defined in section 5124.01 of the Revised Code.	1141

(8) "Medical record" means data in any form that pertains to	1142
a patient's medical history, diagnosis, prognosis, or medical	1143
condition and that is generated and maintained by a health care	1144
provider in the process of the patient's health care treatment.	1145

(9) "Medical records company" means a person who stores,	1146
locates, or copies medical records for a health care provider, or	1147
is compensated for doing so by a health care provider, and charges	1148
a fee for providing medical records to a patient or patient's	1149
representative.	1150

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

1151

(a) An individual who received health care treatment from a	1152
health care provider;	1153

(b) A guardian, as defined in section 1337.11 of the Revised	1154
Code, of an individual described in division (A)(10)(a) of this	1155
section.	1156

(11) "Patient's personal representative" means a minor	1157
patient's parent or other person acting in loco parentis, a	1158
court-appointed guardian, or a person with durable power of	1159
attorney for health care for a patient, the executor or	1160
administrator of the patient's estate, or the person responsible	1161
for the patient's estate if it is not to be probated. "Patient's	1162
personal representative" does not include an insurer authorized	1163
under Title XXXIX of the Revised Code to do the business of	1164
sickness and accident insurance in this state, a health insuring	1165
corporation holding a certificate of authority under Chapter 1751.	1166
of the Revised Code, or any other person not named in this	1167
division.	1168

(12) "Pharmacy" has the same meaning as in section 4729.01 of	1169
the Revised Code.	1170

(13) "Physician" means a person authorized under Chapter	1171
4731. of the Revised Code to practice medicine and surgery,	1172
osteopathic medicine and surgery, or podiatric medicine and	1173
surgery.	1174

(14) "Authorized person" means a person to whom a patient has	1175
given written authorization to act on the patient's behalf	1176
regarding the patient's medical record.	1177

(B) A patient, a patient's personal representative, or an	1178
authorized person who wishes to examine or obtain a copy of part	1179
or all of a medical record shall submit to the health care	1180
provider a written request signed by the patient, personal	1181
representative, or authorized person dated not more than one year	1182
before the date on which it is submitted. The request shall	1183
indicate whether the copy is to be sent to the requestor,	1184
physician or chiropractor, or held for the requestor at the office	1185
of the health care provider. Within a reasonable time after	1186
receiving a request that meets the requirements of this division	1187
and includes sufficient information to identify the record	1188
requested, a health care provider that has the patient's medical	1189
records shall permit the patient to examine the record during	1190
regular business hours without charge or, on request, shall	1191
provide a copy of the record in accordance with section 3701.741	1192
of the Revised Code, except that if a physician or chiropractor	1193
who has treated the patient determines for clearly stated	1194
treatment reasons that disclosure of the requested record is	1195
likely to have an adverse effect on the patient, the health care	1196
provider shall provide the record to a physician or chiropractor	1197
designated by the patient. The health care provider shall take	1198
reasonable steps to establish the identity of the person making	1199
the request to examine or obtain a copy of the patient's record.	1200

(C) If a health care provider fails to furnish a medical	1201
record as required by division (B) of this section, the patient,	1202
personal representative, or authorized person who requested the	1203
record may bring a civil action to enforce the patient's right of	1204
access to the record.	1205

(D)(1) This section does not apply to medical records whose	1206
release is covered by section 173.20 or 3721.13 of the Revised	1207
Code, by Chapter 1347., 5119., or 5122. of the Revised Code, by 42	1208
C.F.R. part 2, "Confidentiality of Alcohol and Drug Abuse Patient	1209
Records," or by 42 C.F.R. 483.10.	1210

(2) Nothing in this section is intended to supersede the	1211
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	1212
and 2305.252 of the Revised Code.	1213

Sec. 4511.191.  (A)(1) As used in this section:

1214

(a) "Physical control" has the same meaning as in section	1215
4511.194 of the Revised Code.	1216

(b) "Alcohol monitoring device" means any device that	1217
provides for continuous alcohol monitoring, any ignition interlock	1218
device, any immobilizing or disabling device other than an	1219
ignition interlock device that is constantly available to monitor	1220
the concentration of alcohol in a person's system, or any other	1221
device that provides for the automatic testing and periodic	1222
reporting of alcohol consumption by a person and that a court	1223
orders a person to use as a sanction imposed as a result of the	1224
person's conviction of or plea of guilty to an offense.	1225

(2) Any person who operates a vehicle, streetcar, or	1226
trackless trolley upon a highway or any public or private property	1227
used by the public for vehicular travel or parking within this	1228
state or who is in physical control of a vehicle, streetcar, or	1229
trackless trolley shall be deemed to have given consent to a	1230
chemical test or tests of the person's whole blood, blood serum or	1231
plasma, breath, or urine to determine the alcohol, drug of abuse,	1232
controlled substance, metabolite of a controlled substance, or	1233
combination content of the person's whole blood, blood serum or	1234
plasma, breath, or urine if arrested for a violation of division	1235
(A) or (B) of section 4511.19 of the Revised Code, section	1236
4511.194 of the Revised Code or a substantially equivalent	1237
municipal ordinance, or a municipal OVI ordinance.	1238

(3) The chemical test or tests under division (A)(2) of this	1239
section shall be administered at the request of a law enforcement	1240
officer having reasonable grounds to believe the person was	1241
operating or in physical control of a vehicle, streetcar, or	1242
trackless trolley in violation of a division, section, or	1243
ordinance identified in division (A)(2) of this section. The law	1244
enforcement agency by which the officer is employed shall	1245
designate which of the tests shall be administered.	1246

(4) Any person who is dead or unconscious, or who otherwise	1247
is in a condition rendering the person incapable of refusal, shall	1248
be deemed to have consented as provided in division (A)(2) of this	1249
section, and the test or tests may be administered, subject to	1250
sections 313.12 to 313.16 of the Revised Code.	1251

(5)(a) If a law enforcement officer arrests a person for a	1252
violation of division (A) or (B) of section 4511.19 of the Revised	1253
Code, section 4511.194 of the Revised Code or a substantially	1254
equivalent municipal ordinance, or a municipal OVI ordinance and	1255
if the person if convicted would be required to be sentenced under	1256
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	1257
Code, the law enforcement officer shall request the person to	1258
submit, and the person shall submit, to a chemical test or tests	1259
of the person's whole blood, blood serum or plasma, breath, or	1260
urine for the purpose of determining the alcohol, drug of abuse,	1261
controlled substance, metabolite of a controlled substance, or	1262
combination content of the person's whole blood, blood serum or	1263
plasma, breath, or urine. A law enforcement officer who makes a	1264
request pursuant to this division that a person submit to a	1265
chemical test or tests is not required to advise the person of the	1266
consequences of submitting to, or refusing to submit to, the test	1267
or tests and is not required to give the person the form described	1268
in division (B) of section 4511.192 of the Revised Code, but the	1269
officer shall advise the person at the time of the arrest that if	1270
the person refuses to take a chemical test the officer may employ	1271
whatever reasonable means are necessary to ensure that the person	1272
submits to a chemical test of the person's whole blood or blood	1273
serum or plasma. The officer shall also advise the person at the	1274
time of the arrest that the person may have an independent	1275
chemical test taken at the person's own expense. Divisions (A)(3)	1276
and (4) of this section apply to the administration of a chemical	1277
test or tests pursuant to this division.	1278

(b) If a person refuses to submit to a chemical test upon a	1279
request made pursuant to division (A)(5)(a) of this section, the	1280
law enforcement officer who made the request may employ whatever	1281
reasonable means are necessary to ensure that the person submits	1282
to a chemical test of the person's whole blood or blood serum or	1283
plasma. A law enforcement officer who acts pursuant to this	1284
division to ensure that a person submits to a chemical test of the	1285
person's whole blood or blood serum or plasma is immune from	1286
criminal and civil liability based upon a claim for assault and	1287
battery or any other claim for the acts, unless the officer so	1288
acted with malicious purpose, in bad faith, or in a wanton or	1289
reckless manner.	1290

(B)(1) Upon receipt of the sworn report of a law enforcement	1291
officer who arrested a person for a violation of division (A) or	1292
(B) of section 4511.19 of the Revised Code, section 4511.194 of	1293
the Revised Code or a substantially equivalent municipal	1294
ordinance, or a municipal OVI ordinance that was completed and	1295
sent to the registrar of motor vehicles and a court pursuant to	1296
section 4511.192 of the Revised Code in regard to a person who	1297
refused to take the designated chemical test, the registrar shall	1298
enter into the registrar's records the fact that the person's	1299
driver's or commercial driver's license or permit or nonresident	1300
operating privilege was suspended by the arresting officer under	1301
this division and that section and the period of the suspension,	1302
as determined under this section. The suspension shall be subject	1303
to appeal as provided in section 4511.197 of the Revised Code. The	1304
suspension shall be for whichever of the following periods	1305
applies:	1306

(a) Except when division (B)(1)(b), (c), or (d) of this	1307
section applies and specifies a different class or length of	1308
suspension, the suspension shall be a class C suspension for the	1309
period of time specified in division (B)(3) of section 4510.02 of	1310
the Revised Code.	1311

(b) If the arrested person, within six years of the date on	1312
which the person refused the request to consent to the chemical	1313
test, had refused one previous request to consent to a chemical	1314
test or had been convicted of or pleaded guilty to one violation	1315
of division (A) or (B) of section 4511.19 of the Revised Code or	1316
one other equivalent offense, the suspension shall be a class B	1317
suspension imposed for the period of time specified in division	1318
(B)(2) of section 4510.02 of the Revised Code.	1319

(c) If the arrested person, within six years of the date on	1320
which the person refused the request to consent to the chemical	1321
test, had refused two previous requests to consent to a chemical	1322
test, had been convicted of or pleaded guilty to two violations of	1323
division (A) or (B) of section 4511.19 of the Revised Code or	1324
other equivalent offenses, or had refused one previous request to	1325
consent to a chemical test and also had been convicted of or	1326
pleaded guilty to one violation of division (A) or (B) of section	1327
4511.19 of the Revised Code or other equivalent offenses, which	1328
violation or offense arose from an incident other than the	1329
incident that led to the refusal, the suspension shall be a class	1330
A suspension imposed for the period of time specified in division	1331
(B)(1) of section 4510.02 of the Revised Code.	1332

(d) If the arrested person, within six years of the date on	1333
which the person refused the request to consent to the chemical	1334
test, had refused three or more previous requests to consent to a	1335
chemical test, had been convicted of or pleaded guilty to three or	1336
more violations of division (A) or (B) of section 4511.19 of the	1337
Revised Code or other equivalent offenses, or had refused a number	1338
of previous requests to consent to a chemical test and also had	1339
been convicted of or pleaded guilty to a number of violations of	1340
division (A) or (B) of section 4511.19 of the Revised Code or	1341
other equivalent offenses that cumulatively total three or more	1342
such refusals, convictions, and guilty pleas, the suspension shall	1343
be for five years.	1344

(2) The registrar shall terminate a suspension of the	1345
driver's or commercial driver's license or permit of a resident or	1346
of the operating privilege of a nonresident, or a denial of a	1347
driver's or commercial driver's license or permit, imposed	1348
pursuant to division (B)(1) of this section upon receipt of notice	1349
that the person has entered a plea of guilty to, or that the	1350
person has been convicted after entering a plea of no contest to,	1351
operating a vehicle in violation of section 4511.19 of the Revised	1352
Code or in violation of a municipal OVI ordinance, if the offense	1353
for which the conviction is had or the plea is entered arose from	1354
the same incident that led to the suspension or denial.	1355

The registrar shall credit against any judicial suspension of	1356
a person's driver's or commercial driver's license or permit or	1357
nonresident operating privilege imposed pursuant to section	1358
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	1359
Revised Code for a violation of a municipal OVI ordinance, any	1360
time during which the person serves a related suspension imposed	1361
pursuant to division (B)(1) of this section.	1362

(C)(1) Upon receipt of the sworn report of the law	1363
enforcement officer who arrested a person for a violation of	1364
division (A) or (B) of section 4511.19 of the Revised Code or a	1365
municipal OVI ordinance that was completed and sent to the	1366
registrar and a court pursuant to section 4511.192 of the Revised	1367
Code in regard to a person whose test results indicate that the	1368
person's whole blood, blood serum or plasma, breath, or urine	1369
contained at least the concentration of alcohol specified in	1370
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	1371
Revised Code or at least the concentration of a listed controlled	1372
substance or a listed metabolite of a controlled substance	1373
specified in division (A)(1)(j) of section 4511.19 of the Revised	1374
Code, the registrar shall enter into the registrar's records the	1375
fact that the person's driver's or commercial driver's license or	1376
permit or nonresident operating privilege was suspended by the	1377
arresting officer under this division and section 4511.192 of the	1378
Revised Code and the period of the suspension, as determined under	1379
divisions (C)(1)(a) to (d) of this section. The suspension shall	1380
be subject to appeal as provided in section 4511.197 of the	1381
Revised Code. The suspension described in this division does not	1382
apply to, and shall not be imposed upon, a person arrested for a	1383
violation of section 4511.194 of the Revised Code or a	1384
substantially equivalent municipal ordinance who submits to a	1385
designated chemical test. The suspension shall be for whichever of	1386
the following periods applies:	1387

(a) Except when division (C)(1)(b), (c), or (d) of this	1388
section applies and specifies a different period, the suspension	1389
shall be a class E suspension imposed for the period of time	1390
specified in division (B)(5) of section 4510.02 of the Revised	1391
Code.	1392

(b) The suspension shall be a class C suspension for the	1393
period of time specified in division (B)(3) of section 4510.02 of	1394
the Revised Code if the person has been convicted of or pleaded	1395
guilty to, within six years of the date the test was conducted,	1396
one violation of division (A) or (B) of section 4511.19 of the	1397
Revised Code or one other equivalent offense.	1398

(c) If, within six years of the date the test was conducted,	1399
the person has been convicted of or pleaded guilty to two	1400
violations of a statute or ordinance described in division	1401
(C)(1)(b) of this section, the suspension shall be a class B	1402
suspension imposed for the period of time specified in division	1403
(B)(2) of section 4510.02 of the Revised Code.	1404

(d) If, within six years of the date the test was conducted,	1405
the person has been convicted of or pleaded guilty to more than	1406
two violations of a statute or ordinance described in division	1407
(C)(1)(b) of this section, the suspension shall be a class A	1408
suspension imposed for the period of time specified in division	1409
(B)(1) of section 4510.02 of the Revised Code.	1410

(2) The registrar shall terminate a suspension of the	1411
driver's or commercial driver's license or permit of a resident or	1412
of the operating privilege of a nonresident, or a denial of a	1413
driver's or commercial driver's license or permit, imposed	1414
pursuant to division (C)(1) of this section upon receipt of notice	1415
that the person has entered a plea of guilty to, or that the	1416
person has been convicted after entering a plea of no contest to,	1417
operating a vehicle in violation of section 4511.19 of the Revised	1418
Code or in violation of a municipal OVI ordinance, if the offense	1419
for which the conviction is had or the plea is entered arose from	1420
the same incident that led to the suspension or denial.	1421

The registrar shall credit against any judicial suspension of	1422
a person's driver's or commercial driver's license or permit or	1423
nonresident operating privilege imposed pursuant to section	1424
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	1425
Revised Code for a violation of a municipal OVI ordinance, any	1426
time during which the person serves a related suspension imposed	1427
pursuant to division (C)(1) of this section.	1428

(D)(1) A suspension of a person's driver's or commercial	1429
driver's license or permit or nonresident operating privilege	1430
under this section for the time described in division (B) or (C)	1431
of this section is effective immediately from the time at which	1432
the arresting officer serves the notice of suspension upon the	1433
arrested person. Any subsequent finding that the person is not	1434
guilty of the charge that resulted in the person being requested	1435
to take the chemical test or tests under division (A) of this	1436
section does not affect the suspension.	1437

(2) If a person is arrested for operating a vehicle,	1438
streetcar, or trackless trolley in violation of division (A) or	1439
(B) of section 4511.19 of the Revised Code or a municipal OVI	1440
ordinance, or for being in physical control of a vehicle,	1441
streetcar, or trackless trolley in violation of section 4511.194	1442
of the Revised Code or a substantially equivalent municipal	1443
ordinance, regardless of whether the person's driver's or	1444
commercial driver's license or permit or nonresident operating	1445
privilege is or is not suspended under division (B) or (C) of this	1446
section or Chapter 4510. of the Revised Code, the person's initial	1447
appearance on the charge resulting from the arrest shall be held	1448
within five days of the person's arrest or the issuance of the	1449
citation to the person, subject to any continuance granted by the	1450
court pursuant to section 4511.197 of the Revised Code regarding	1451
the issues specified in that division.	1452

(E) When it finally has been determined under the procedures	1453
of this section and sections 4511.192 to 4511.197 of the Revised	1454
Code that a nonresident's privilege to operate a vehicle within	1455
this state has been suspended, the registrar shall give	1456
information in writing of the action taken to the motor vehicle	1457
administrator of the state of the person's residence and of any	1458
state in which the person has a license.	1459

(F) At the end of a suspension period under this section,	1460
under section 4511.194, section 4511.196, or division (G) of	1461
section 4511.19 of the Revised Code, or under section 4510.07 of	1462
the Revised Code for a violation of a municipal OVI ordinance and	1463
upon the request of the person whose driver's or commercial	1464
driver's license or permit was suspended and who is not otherwise	1465
subject to suspension, cancellation, or disqualification, the	1466
registrar shall return the driver's or commercial driver's license	1467
or permit to the person upon the occurrence of all of the	1468
conditions specified in divisions (F)(1) and (2) of this section:	1469

(1) A showing that the person has proof of financial	1470
responsibility, a policy of liability insurance in effect that	1471
meets the minimum standards set forth in section 4509.51 of the	1472
Revised Code, or proof, to the satisfaction of the registrar, that	1473
the person is able to respond in damages in an amount at least	1474
equal to the minimum amounts specified in section 4509.51 of the	1475
Revised Code.	1476

(2) Subject to the limitation contained in division (F)(3) of	1477
this section, payment by the person to the registrar or an	1478
eligible deputy registrar of a license reinstatement fee of four	1479
hundred seventy-five dollars, which fee. The registrar or deputy	1480
registrar shall be depositeddeposit the fee in the state treasury	1481
andto be credited as follows:	1482

(a) One hundred twelve dollars and fifty cents shall be	1483
credited to the statewide treatment and prevention fund created by	1484
section 4301.30 of the Revised Code. Money credited to the fund	1485
under this section shall be used for purposes identified under	1486
section 5119.22 of the Revised Code.	1487

(b) Seventy-five dollars shall be credited to the reparations	1488
fund created by section 2743.191 of the Revised Code.	1489

(c) Thirty-seven dollars and fifty cents shall be credited to	1490
the indigent drivers alcohol treatment fund, which is hereby	1491
established in the state treasury. Except as otherwise provided in	1492
division (F)(2)(c) of this section, moneys in the fund shall be	1493
distributed by theThe department of mental health and addiction	1494
services shall distribute the moneys in that fund to the county	1495
indigent drivers alcohol treatment funds, the county juvenile	1496
indigent drivers alcohol treatment funds, and the municipal	1497
indigent drivers alcohol treatment funds that are required to be	1498
established by counties and municipal corporations pursuant to	1499
division (H) of this section, and shallto be used only to pay	1500
the cost of an alcohol and drug addiction treatment program	1501
attended by an offender or juvenile traffic offender who is	1502
ordered to attend an alcohol and drug addiction treatment program	1503
by a county, juvenile, or municipal court judge and who is	1504
determined by the county, juvenile, or municipal court judge not	1505
to have the means to pay for the person's attendance at the	1506
program or to pay the costs specified in division (H)(4) of this	1507
section in accordance with that division. In addition, a county,	1508
juvenile, or municipal court judge may use moneys in the county	1509
indigent drivers alcohol treatment fund, county juvenile indigent	1510
drivers alcohol treatment fund, or municipal indigent drivers	1511
alcohol treatment fund to pay for the cost of the continued use of	1512
an alcohol monitoring device as described in divisions (H)(3) and	1513
(4) of this sectionas provided in division (H)(3) of this	1514
section. Moneys in the fund that are not distributed to a county	1515
indigent drivers alcohol treatment fund, a county juvenile	1516
indigent drivers alcohol treatment fund, or a municipal indigent	1517
drivers alcohol treatment fund under division (H) of this section	1518
because the director of mental health and addiction services does	1519
not have the information necessary to identify the county or	1520
municipal corporation where the offender or juvenile offender was	1521
arrested may be transferred by the director of budget and	1522
management to the statewide treatment and prevention fund created	1523
by section 4301.30 of the Revised Code, upon certification of the	1524
amount by the director of mental health and addiction services.	1525

(d) Seventy-five dollars shall be credited to the	1526
opportunities for Ohioans with disabilities agency established by	1527
section 3304.15 of the Revised Code, to the services for	1528
rehabilitation fund, which is hereby established. The fund shall	1529
be used to match available federal matching funds where	1530
appropriate, and for any other purpose or program of the agency to	1531
rehabilitate persons with disabilities to help them become	1532
employed and independent.	1533

(e) Seventy-five dollars shall be deposited into the state	1534
treasury and credited to the drug abuse resistance education	1535
programs fund, which is hereby established, to be used by the	1536
attorney general for the purposes specified in division (F)(4) of	1537
this section.	1538

(f) Thirty dollars shall be credited to the state bureau of	1539
motor vehicles fund created by section 4501.25 of the Revised	1540
Code.	1541

(g) Twenty dollars shall be credited to the trauma and	1542
emergency medical services fund created by section 4513.263 of the	1543
Revised Code.	1544

(h) Fifty dollars shall be credited to the indigent drivers	1545
interlock and alcohol monitoring fund, which is hereby established	1546
in the state treasury. Moneys in the fund shall be distributed by	1547
the department of public safety to the county indigent drivers	1548
interlock and alcohol monitoring funds, the county juvenile	1549
indigent drivers interlock and alcohol monitoring funds, and the	1550
municipal indigent drivers interlock and alcohol monitoring funds	1551
that are required to be established by counties and municipal	1552
corporations pursuant to this section, and shall be used only to	1553
pay the cost of an immobilizing or disabling device, including a	1554
certified ignition interlock device, or an alcohol monitoring	1555
device used by an offender or juvenile offender who is ordered to	1556
use the device by a county, juvenile, or municipal court judge and	1557
who is determined by the county, juvenile, or municipal court	1558
judge not to have the means to pay for the person's use of the	1559
device.	1560

(3) If a person's driver's or commercial driver's license or	1561
permit is suspended under this section, under section 4511.196 or	1562
division (G) of section 4511.19 of the Revised Code, under section	1563
4510.07 of the Revised Code for a violation of a municipal OVI	1564
ordinance or under any combination of the suspensions described in	1565
division (F)(3) of this section, and if the suspensions arise from	1566
a single incident or a single set of facts and circumstances, the	1567
person is liable for payment of, and shall be required to pay to	1568
the registrar or an eligible deputy registrar, only one	1569
reinstatement fee of four hundred seventy-five dollars. The	1570
reinstatement fee shall be distributed by the bureau in accordance	1571
with division (F)(2) of this section.	1572

(4) The attorney general shall use amounts in the drug abuse	1573
resistance education programs fund to award grants to law	1574
enforcement agencies to establish and implement drug abuse	1575
resistance education programs in public schools. Grants awarded to	1576
a law enforcement agency under this section shall be used by the	1577
agency to pay for not more than fifty per cent of the amount of	1578
the salaries of law enforcement officers who conduct drug abuse	1579
resistance education programs in public schools. The attorney	1580
general shall not use more than six per cent of the amounts the	1581
attorney general's office receives under division (F)(2)(e) of	1582
this section to pay the costs it incurs in administering the grant	1583
program established by division (F)(2)(e) of this section and in	1584
providing training and materials relating to drug abuse resistance	1585
education programs.	1586

The attorney general shall report to the governor and the	1587
general assembly each fiscal year on the progress made in	1588
establishing and implementing drug abuse resistance education	1589
programs. These reports shall include an evaluation of the	1590
effectiveness of these programs.	1591

(5) In addition to the reinstatement fee under this section,	1592
if the person pays the reinstatement fee to a deputy registrar,	1593
the deputy registrar shall collect a service fee of ten dollars to	1594
compensate the deputy registrar for services performed under this	1595
section. The deputy registrar shall retain eight dollars of the	1596
service fee and shall transmit the reinstatement fee, plus two	1597
dollars of the service fee, to the registrar in the manner the	1598
registrar shall determine.	1599

(G) Suspension of a commercial driver's license under	1600
division (B) or (C) of this section shall be concurrent with any	1601
period of disqualification under section 3123.611 or 4506.16 of	1602
the Revised Code or any period of suspension under section 3123.58	1603
of the Revised Code. No person who is disqualified for life from	1604
holding a commercial driver's license under section 4506.16 of the	1605
Revised Code shall be issued a driver's license under Chapter	1606
4507. of the Revised Code during the period for which the	1607
commercial driver's license was suspended under division (B) or	1608
(C) of this section. No person whose commercial driver's license	1609
is suspended under division (B) or (C) of this section shall be	1610
issued a driver's license under Chapter 4507. of the Revised Code	1611
during the period of the suspension.	1612

(H)(1) Each county shall establish an indigent drivers	1613
alcohol treatment fund, each county shall establishand a juvenile	1614
indigent drivers alcohol treatment fund, and each. Each municipal	1615
corporation in which there is a municipal court shall establish an	1616
indigent drivers alcohol treatment fund. All revenue that the	1617
general assembly appropriates to the indigent drivers alcohol	1618
treatment fund for transfer to a county indigent drivers alcohol	1619
treatment fund, a county juvenile indigent drivers alcohol	1620
treatment fund, or a municipal indigent drivers alcohol treatment	1621
fund, all portions of fees that are paid under division (F) of	1622
this section and that are credited under that division to the	1623
indigent drivers alcohol treatment fund in the state treasury for	1624
a county indigent drivers alcohol treatment fund, a county	1625
juvenile indigent drivers alcohol treatment fund, or a municipal	1626
indigent drivers alcohol treatment fund, all portions of	1627
additional costs imposed under section 2949.094 of the Revised	1628
Code that are specified for deposit into a county, county	1629
juvenile, or municipal indigent drivers alcohol treatment fund by	1630
that section, and all portions of fines that are specified for	1631
deposit into a county or municipal indigent drivers alcohol	1632
treatment fund by section 4511.193 of the Revised Code shall be	1633
deposited into that county indigent drivers alcohol treatment	1634
fund, county juvenile indigent drivers alcohol treatment fund, or	1635
municipal indigent drivers alcohol treatment fund. The portions of	1636
the fees paid under division (F) of this section that are to be so	1637
deposited shall be determined in accordance with division (H)(2)	1638
of this section. Additionally, all portions of fines that are paid	1639
for a violation of section 4511.19 of the Revised Code or of any	1640
prohibition contained in Chapter 4510. of the Revised Code, and	1641
that are required under section 4511.19 or any provision of	1642
Chapter 4510. of the Revised Code to be deposited into a county	1643
indigent drivers alcohol treatment fund or municipal indigent	1644
drivers alcohol treatment fund shall be deposited into the	1645
appropriate fund in accordance with the applicable division of the	1646
section or provision.	1647

The treasurer of state or other appropriate official, as	1648
applicable, shall transfer the following into each county indigent	1649
drivers alcohol treatment fund, county juvenile indigent drivers	1650
alcohol treatment fund, or municipal indigent drivers alcohol	1651
treatment fund, as applicable:	1652

(a) All revenue the general assembly appropriates to the	1653
indigent drivers alcohol treatment fund for transfer into such a	1654
fund;	1655

(b) All portions of fees paid under division (F) of this	1656
section that, in accordance with division (H)(2) of this section,	1657
are credited to the indigent drivers alcohol treatment fund for	1658
deposit into such a fund;	1659

(c) All portions of additional costs imposed under section	1660
2949.094 of the Revised Code that are required to be deposited	1661
into such a fund;	1662

(d) All portions of fines that are required to be deposited	1663
into such a fund under section 4511.193 of the Revised Code;	1664

(e) All portions of fines paid under section 4511.19 of the	1665
Revised Code or Chapter 4510. of the Revised Code that are	1666
required to be paid into such a fund.	1667

(2) That portion of the license reinstatement fee that is	1668
paid under division (F) of this section and that is credited under	1669
that division to the indigent drivers alcohol treatment fund shall	1670
be deposited into a county indigent drivers alcohol treatment	1671
fund, a county juvenile indigent drivers alcohol treatment fund,	1672
or a municipal indigent drivers alcohol treatment fund as follows:	1673

(a) Regarding a suspension imposed under this section, that	1674
portion of the fee shall be deposited as follows:	1675

(i) If the fee is paid by a person who was charged in a	1676
county court with the violation that resulted in the suspension or	1677
in the imposition of the court costs, the portion shall be	1678
deposited into the county indigent drivers alcohol treatment fund	1679
under the control of that court;	1680

(ii) If the fee is paid by a person who was charged in a	1681
juvenile court with the violation that resulted in the suspension	1682
or in the imposition of the court costs, the portion shall be	1683
deposited into the county juvenile indigent drivers alcohol	1684
treatment fund established in the county served by the court;	1685

(iii) If the fee is paid by a person who was charged in a	1686
municipal court with the violation that resulted in the suspension	1687
or in the imposition of the court costs, the portion shall be	1688
deposited into the municipal indigent drivers alcohol treatment	1689
fund under the control of that court.	1690

(b) Regarding a suspension imposed under section 4511.19 of	1691
the Revised Code or under section 4510.07 of the Revised Code for	1692
a violation of a municipal OVI ordinance, that portion of the fee	1693
shall be deposited as follows:	1694

(i) If the fee is paid by a person whose license or permit	1695
was suspended by a county court, the portion shall be deposited	1696
into the county indigent drivers alcohol treatment fund under the	1697
control of that court;	1698

(ii) If the fee is paid by a person whose license or permit	1699
was suspended by a municipal court, the portion shall be deposited	1700
into the municipal indigent drivers alcohol treatment fund under	1701
the control of that court.	1702

(3) Expenditures(a) As used in division (H)(3) of this	1703
section, "indigent person" means a person who is convicted of, or	1704
found to be a juvenile traffic offender by reason of, a violation	1705
of division (A) of section 4511.19 of the Revised Code or a	1706
substantially similar municipal ordinance, who is ordered by the	1707
court to attend an alcohol and drug addiction treatment program,	1708
and who is determined by the court under division (H)(5) of this	1709
section to be unable to pay the cost of the assessment or the cost	1710
of attendance at the treatment program.	1711

(b) A county, juvenile, or municipal court judge, by order,	1712
may make expenditures from a county indigent drivers alcohol	1713
treatment fund, a county juvenile indigent drivers alcohol	1714
treatment fund, or a municipal indigent drivers alcohol treatment	1715
fund shall be made only upon the order of a county, juvenile, or	1716
municipal court judge and only for payment of the cost of an	1717
assessment or the cost of the attendance at an alcohol and drug	1718
addiction treatment program of awith respect to an indigent	1719
person who is convicted of, or found to be a juvenile traffic	1720
offender by reason of, a violation of division (A) of section	1721
4511.19 of the Revised Code or a substantially similar municipal	1722
ordinance, who is ordered by the court to attend the alcohol and	1723
drug addiction treatment program, and who is determined by the	1724
court to be unable to pay the cost of the assessment or the cost	1725
of attendance at the treatment program or for payment of the costs	1726
specified in division (H)(4) of this section in accordance with	1727
that division. Thefor any of the following:	1728

(i) To pay the cost of an assessment that is conducted by an	1729
appropriately licensed clinician at either a driver intervention	1730
program that is certified under section 5119.38 of the Revised	1731
Code or at a community addiction services provider that is	1732
certified under section 5119.36 of the Revised Code;	1733

(ii) To pay the cost of alcohol addiction services, drug	1734
addiction services, or integrated alcohol and drug addiction	1735
services at a community addiction services provider that is	1736
certified under section 5119.36 of the Revised Code;	1737

(iii) To pay the cost of transportation to attend an	1738
assessment as provided under division (H)(3)(b)(i) of this section	1739
or addiction services as provided under division (H)(3)(b)(ii) of	1740
this section.	1741

The alcohol and drug addiction services board or the board of	1742
alcohol, drug addiction, and mental health services established	1743
pursuant to section 340.02 or 340.021 of the Revised Code and	1744
serving the alcohol, drug addiction, and mental health service	1745
district in which the court is located shall administer the	1746
indigent drivers alcohol treatment program of the court. When a	1747
court orders an offender or juvenile traffic offender to obtain an	1748
assessment or attend an alcohol and drug addiction treatment	1749
program, the board shall determine which program is suitable to	1750
meet the needs of the offender or juvenile traffic offender, and	1751
when a suitable program is located and space is available at the	1752
program, the offender or juvenile traffic offender shall attend	1753
the program designated by the board. A reasonable amount not to	1754
exceed five per cent of the amounts credited to and deposited into	1755
the county indigent drivers alcohol treatment fund, the county	1756
juvenile indigent drivers alcohol treatment fund, or the municipal	1757
indigent drivers alcohol treatment fund serving every court whose	1758
program is administered by that board shall be paid to the board	1759
to cover the costs it incurs in administering those indigent	1760
drivers alcohol treatment programs.	1761

In addition, upon(c) Upon exhaustion of moneys in the	1762
indigent drivers interlock and alcohol monitoring fund for the use	1763
of an alcohol monitoring device, a county, juvenile, or municipal	1764
court judge may use moneys in the county indigent drivers alcohol	1765
treatment fund, county juvenile indigent drivers alcohol treatment	1766
fund, or municipal indigent drivers alcohol treatment fund in	1767
either of the following manners:	1768

(a)(i) If the source of the moneys was an appropriation of	1769
the general assembly, a portion of a fee that was paid under	1770
division (F) of this section, a portion of a fine that was	1771
specified for deposit into the fund by section 4511.193 of the	1772
Revised Code, or a portion of a fine that was paid for a violation	1773
of section 4511.19 of the Revised Code or of a provision contained	1774
in Chapter 4510. of the Revised Code that was required to be	1775
deposited into the fund, to pay for the continued use of an	1776
alcohol monitoring device by an offender or juvenile traffic	1777
offender, in conjunction with a treatment program approved by the	1778
department of mental health and addiction services, when such use	1779
is determined clinically necessary by the treatment program and	1780
when the court determines that the offender or juvenile traffic	1781
offender is unable to pay all or part of the daily monitoring or	1782
cost of the device;	1783

(b)(ii) If the source of the moneys was a portion of an	1784
additional court cost imposed under section 2949.094 of the	1785
Revised Code, to pay for the continued use of an alcohol	1786
monitoring device by an offender or juvenile traffic offender when	1787
the court determines that the offender or juvenile traffic	1788
offender is unable to pay all or part of the daily monitoring or	1789
cost of the device. The moneys may be used for a device as	1790
described in this division if the use of the device is in	1791
conjunction with a treatment program approved by the department of	1792
mental health and addiction services, when the use of the device	1793
is determined clinically necessary by the treatment program, but	1794
the use of a device is not required to be in conjunction with a	1795
treatment program approved by the department in order for the	1796
moneys to be used for the device as described in this division.	1797

(4) If a county, juvenile, or municipal court determines, in	1798
consultation with the alcohol and drug addiction services board or	1799
the board of alcohol, drug addiction, and mental health services	1800
established pursuant to section 340.02 or 340.021 of the Revised	1801
Code and serving the alcohol, drug addiction, and mental health	1802
district in which the court is located, that the funds in the	1803
county indigent drivers alcohol treatment fund, the county	1804
juvenile indigent drivers alcohol treatment fund, or the municipal	1805
indigent drivers alcohol treatment fund under the control of the	1806
court are more than sufficient to satisfy the purpose for which	1807
the fund was established, as specified in divisions (H)(1) to (3)	1808
of this section, the court may declare a surplus in the fund. If	1809
the court declares a surplus in the fund, the court may expend	1810
take any of the following actions with regard to the amount of the	1811
surplus in the fund for:	1812

(a) AlcoholExpend any of the surplus amount for alcohol and	1813
drug abuse assessment and treatment, and for the cost of	1814
transportation related to assessment and treatment, of persons who	1815
are charged in the court with committing a criminal offense or	1816
with being a delinquent child or juvenile traffic offender and in	1817
relation to whom both of the following apply:	1818

(i) The court determines that substance abuse was a	1819
contributing factor leading to the criminal or delinquent activity	1820
or the juvenile traffic offense with which the person is charged.	1821

(ii) The court determines that the person is unable to pay	1822
the cost of the alcohol and drug abuse assessment and treatment	1823
for which the surplus money will be used.	1824

(b) AllExpend any of the surplus amount to pay all or part	1825
of the cost of purchasing alcohol monitoring devices to be used in	1826
conjunction with division (H)(3)(c) of this section, upon	1827
exhaustion of moneys in the indigent drivers interlock and alcohol	1828
monitoring fund for the use of an alcohol monitoring device.	1829

(c) Transfer to another court in the same county any of the	1830
surplus amount to be utilized in a manner consistent with division	1831
(H)(3) of this section. If surplus funds are transferred to	1832
another court, the court that transfers the funds shall notify the	1833
alcohol and drug addiction services board or the board of alcohol,	1834
drug addiction, and mental health services that serves the	1835
alcohol, drug addiction, and mental health service district in	1836
which that court is located.	1837

(d) Transfer to the alcohol and drug addiction services board	1838
or the board of alcohol, drug addiction, and mental health	1839
services that serves the alcohol, drug addiction, and mental	1840
health service district in which the court is located any of the	1841
surplus amount to be utilized in a manner consistent with division	1842
(H)(3) of this section or for board contracted recovery support	1843
services.	1844

(5) For the purpose of determining as described in division	1845
(F)(2)(c) of this section whetherIn order to determine if an	1846
offender does not have the means to pay for the offender's	1847
attendance at an alcohol and drug addiction treatment program for	1848
purposes of division (H)(3) of this section or whetherif an	1849
alleged offender or delinquent child is unable to pay the costs	1850
specified in division (H)(4) of this section, the court shall use	1851
the indigent client eligibility guidelines and the standards of	1852
indigency established by the state public defender to make the	1853
determination.	1854

(6) The court shall identify and refer any community	1855
addiction services provider that is not certified under section	1856
5119.36 of the Revised Code and that is interested in receiving	1857
amounts from the surplus in the fund declared under division	1858
(H)(4) of this section to the department of mental health and	1859
addiction services in order for the services provider to become a	1860
certified community addiction services provider. The department	1861
shall keep a record of applicant referrals received pursuant to	1862
this division and shall submit a report on the referrals each year	1863
to the general assembly. If a services provider interested in	1864
becoming certified makes an application to become certified	1865
pursuant to section 5119.36 of the Revised Code, the services	1866
provider is eligible to receive surplus funds as long as the	1867
application is pending with the department. The department of	1868
mental health and addiction services must offer technical	1869
assistance to the applicant. If the interested services provider	1870
withdraws the certification application, the department must	1871
notify the court, and the court shall not provide the interested	1872
services provider with any further surplus funds.	1873

(7)(a) Each alcohol and drug addiction services board and	1874
board of alcohol, drug addiction, and mental health services	1875
established pursuant to section 340.02 or 340.021 of the Revised	1876
Code shall submit to the department of mental health and addiction	1877
services an annual report for each indigent drivers alcohol	1878
treatment fund in that board's area.	1879

(b) The report, which shall be submitted not later than sixty	1880
days after the end of the state fiscal year, shall provide the	1881
total payment that was made from the fund, including the number of	1882
indigent consumers that received treatment services and the number	1883
of indigent consumers that received an alcohol monitoring device.	1884
The report shall identify the treatment program and expenditure	1885
for an alcohol monitoring device for which that payment was made.	1886
The report shall include the fiscal year balance of each indigent	1887
drivers alcohol treatment fund located in that board's area. In	1888
the event that a surplus is declared in the fund pursuant to	1889
division (H)(4) of this section, the report also shall provide the	1890
total payment that was made from the surplus moneys and identify	1891
the treatment program and expenditure for an alcohol monitoring	1892
deviceauthorized purpose for which that payment was made.	1893

(c) If a board is unable to obtain adequate information to	1894
develop the report to submit to the department for a particular	1895
indigent drivers alcohol treatment fund, the board shall submit a	1896
report detailing the effort made in obtaining the information.	1897

(I)(1) Each county shall establish an indigent drivers	1898
interlock and alcohol monitoring fund and a juvenile indigent	1899
drivers interlock and alcohol treatment fund, and each. Each	1900
municipal corporation in which there is a municipal court shall	1901
establish an indigent drivers interlock and alcohol monitoring	1902
fund. All revenue that the general assembly appropriates to the	1903
indigent drivers interlock and alcohol monitoring fund for	1904
transfer to a county indigent drivers interlock and alcohol	1905
monitoring fund, a county juvenile indigent drivers interlock and	1906
alcohol monitoring fund, or a municipal indigent drivers interlock	1907
and alcohol monitoring fund, all portions of license reinstatement	1908
fees that are paid under division (F)(2) of this section and that	1909
are credited under that division to the indigent drivers interlock	1910
and alcohol monitoring fund in the state treasury, and all	1911
portions of fines that are paid under division (G) of section	1912
4511.19 of the Revised Code and that are credited by division	1913
(G)(5)(e) of that section to the indigent drivers interlock and	1914
alcohol monitoring fund in the state treasury shall be deposited	1915
in the appropriate fund in accordance with division (I)(2) of this	1916
section.	1917

The treasurer of state shall transfer the following into each	1918
county indigent drivers interlock and alcohol monitoring fund,	1919
county juvenile indigent drivers interlock and alcohol monitoring	1920
fund, or municipal indigent drivers interlock and alcohol	1921
monitoring fund, as applicable:	1922

(a) All revenue the general assembly appropriates to the	1923
indigent drivers interlock and alcohol monitoring fund for	1924
transfer into such a fund;	1925

(b) All portions of license reinstatement fees paid under	1926
division (F)(2) of this section that, in accordance with division	1927
(I)(2) of this section, are credited to the indigent drivers	1928
interlock and alcohol monitoring fund for deposit into a such	1929
fund;	1930

(c) All portions of fines that are paid under division (G) of	1931
section 4511.19 of the Revised Code and are credited by division	1932
(G)(5)(e) of that section to the indigent drivers interlock and	1933
alcohol monitoring fund for deposit into such a fund in accordance	1934
with division (I)(2) of this section.	1935

(2) That portion of the license reinstatement fee that is	1936
paid under division (F) of this section and that portion of the	1937
fine paid under division (G) of section 4511.19 of the Revised	1938
Code and that is credited under either division to the indigent	1939
drivers interlock and alcohol monitoring fund shall be deposited	1940
into a county indigent drivers interlock and alcohol monitoring	1941
fund, a county juvenile indigent drivers interlock and alcohol	1942
monitoring fund, or a municipal indigent drivers interlock and	1943
alcohol monitoring fund as follows:	1944

(a) If the fee or fine is paid by a person who was charged in	1945
a county court with the violation that resulted in the suspension	1946
or fine, the portion shall be deposited into the county indigent	1947
drivers interlock and alcohol monitoring fund under the control of	1948
that court.	1949

(b) If the fee or fine is paid by a person who was charged in	1950
a juvenile court with the violation that resulted in the	1951
suspension or fine, the portion shall be deposited into the county	1952
juvenile indigent drivers interlock and alcohol monitoring fund	1953
established in the county served by the court.	1954

(c) If the fee or fine is paid by a person who was charged in	1955
a municipal court with the violation that resulted in the	1956
suspension, the portion shall be deposited into the municipal	1957
indigent drivers interlock and alcohol monitoring fund under the	1958
control of that court.	1959

(3) If a county, juvenile, or municipal court determines that	1960
the funds in the county indigent drivers interlock and alcohol	1961
monitoring fund, the county juvenile indigent drivers interlock	1962
and alcohol monitoring fund, or the municipal indigent drivers	1963
interlock and alcohol monitoring fund under the control of that	1964
court are more than sufficient to satisfy the purpose for which	1965
the fund was established as specified in division (F)(2)(h) of	1966
this section, the court may declare a surplus in the fund. The	1967
court then may order the transfer of a specified amount into the	1968
county indigent drivers alcohol treatment fund, the county	1969
juvenile indigent drivers alcohol treatment fund, or the municipal	1970
indigent drivers alcohol treatment fund under the control of that	1971
court to be utilized in accordance with division (H) of this	1972
section.	1973

Sec. 4758.01. As used in this chapter:

1974

(A) "Accredited educational institution" means an educational	1975
institution accredited by an accrediting agency accepted by the	1976
Ohio board of regents.	1977

(B)(1) "Alcohol and other drug clinical counseling	1978
principles, methods, or procedures" means an approach to chemical	1979
dependency counseling that emphasizes the chemical dependency	1980
counselor's role in systematically assisting clients through all	1981
of the following:	1982

(a) Analyzing background and current information;

1983

(b) Exploring possible solutions;

1984

(c) Developing and providing a treatment plan;

1985

(d) In the case of an independent chemical dependency	1986
counselor-clinical supervisor, independent chemical dependency	1987
counselor, or chemical dependency counselor III only, diagnosing	1988
chemical dependency conditions.	1989

(2) "Alcohol and other drug clinical counseling principles,	1990
methods, or procedures" includes counseling, assessing,	1991
consulting, and referral as they relate to chemical dependency	1992
conditions.	1993

(C) "Alcohol and other drug prevention services" means a	1994
planned process of strategies and activities designed to preclude	1995
the onset of the use of alcohol and other drugs, reduce	1996
problematic use of alcohol and other drugs, or both.	1997

(D) "Chemical dependency conditions" means those conditions	1998
relating to the abuse of or dependency on alcohol or other drugs	1999
that are classified in accepted nosologies, including the	2000
diagnostic and statistical manual of mental disorders and the	2001
international classification of diseases, and in editions of those	2002
nosologies published after December 23, 2002.	2003

(E) "Chemical dependency counseling" means rendering or	2004
offering to render to individuals, groups, or the public a	2005
counseling service involving the application of alcohol and other	2006
drug clinical counseling principles, methods, or procedures to	2007
assist individuals who are abusing or dependent on alcohol or	2008
other drugs.	2009

(F) "Pathological and problem gambling" means a persistent	2010
and recurring maladaptive gambling behavior that is classified in	2011
accepted nosologies, including the diagnostic and statistical	2012
manual of mental disorders and the international classification of	2013
diseases, and in editions of those nosologies published after the	2014
effective date of this section.	2015

(G) Unless the context provides otherwise, "scope of	2016
practice" means the services, methods, and techniques in which and	2017
the areas for which a person who holds a license or, certificate,	2018
or endorsement under this chapter is trained and qualified.	2019

(G)(H) "Substance abuse professional" has the same meaning as	2020
in 49 C.F.R. 40.3.	2021

(H)(I) "U.S. department of transportation drug and alcohol	2022
testing program" means a transportation workplace drug and alcohol	2023
testing program governed by 49 C.F.R. part 40.	2024

Sec. 4758.02. (A) Except as provided in section 4758.03 of	2025
the Revised Code, no person shall do any of the following:	2026

(1) Engage in or represent to the public that the person	2027
engages in chemical dependency counseling for a fee, salary, or	2028
other consideration unless the person holds a valid independent	2029
chemical dependency counselor-clinical supervisor license,	2030
independent chemical dependency counselor license, chemical	2031
dependency counselor III license, chemical dependency counselor II	2032
license, or chemical dependency counselor assistant certificate	2033
issued under this chapter;	2034

(2) Use the title "licensed independent chemical dependency	2035
counselor-clinical supervisor," "LICDC-CS," "licensed independent	2036
chemical dependency counselor," "LICDC," "licensed chemical	2037
dependency counselor III," "LCDC III," "licensed chemical	2038
dependency counselor II," "LCDC II," "chemical dependency	2039
counselor assistant," "CDCA," or any other title or description	2040
incorporating the word "chemical dependency counselor" or any	2041
other initials used to identify persons acting in those capacities	2042
unless currently authorized under this chapter to act in the	2043
capacity indicated by the title or initials;	2044

(3) Represent to the public that the person holds a	2045
pathological and problem gambling endorsement unless the person	2046
holds a valid pathological and problem gambling endorsement issued	2047
under this chapter;	2048

(4) Represent to the public that the person is a registered	2049
applicant unless the person holds a valid registered applicant	2050
certificate issued under this chapter;	2051

(4)(5) Use the title "certified prevention specialist II,"	2052
"CPS II," "certified prevention specialist I," "CPS I," "certified	2053
prevention specialist assistant," "CPSA," "registered applicant,"	2054
"RA," or any other title, description, or initials used to	2055
identify persons acting in those capacities unless currently	2056
authorized under this chapter to act in the capacity indicated by	2057
the title or initials.	2058

(B) No person shall engage in or represent to the public that	2059
the person engages in chemical dependency counseling as a chemical	2060
dependency counselor I.	2061

Sec. 4758.06. No individual who holds or has held a license	2062
or, certificate, or endorsement issued under this chapter shall	2063
disclose any information regarding the identity, diagnosis, or	2064
treatment of any of the individual's clients or consumers except	2065
for the purposes and under the circumstances expressly authorized	2066
by 42 U.S.C.A. 290dd-2, regulations promulgated pursuant to that	2067
federal law, other federal law enacted after the effective date of	2068
this sectionDecember 23, 2002, to replace 42 U.S.C.A. 290dd-2, or	2069
regulations promulgated under the replacement federal law. The	2070
prohibition of this section applies whether or not the information	2071
is recorded.	2072

Sec. 4758.16. The chemical dependency professionals board	2073
shall not discriminate against any licensee, certificate holder,	2074
endorsement holder, or applicant for a license or, certificate, or	2075
endorsement under this chapter because of the individual's race,	2076
color, religion, gender, national origin, disability as defined in	2077
section 4112.01 of the Revised Code, or age. The board shall	2078
afford a hearing to any individual who files with the board a	2079
statement alleging discrimination based on any of those reasons.	2080

Sec. 4758.20. (A) The chemical dependency professionals board	2081
shall adopt rules to establish, specify, or provide for all of the	2082
following:	2083

(1) Fees for the purposes authorized by section 4758.21 of	2084
the Revised Code;	2085

(2) If the board, pursuant to section 4758.221 of the Revised	2086
Code, elects to administer examinations for individuals seeking to	2087
act as substance abuse professionals in a U.S. department of	2088
transportation drug and alcohol testing program, the board's	2089
administration of the examinations;	2090

(3) For the purpose of section 4758.23 of the Revised Code,	2091
codes of ethical practice and professional conduct for individuals	2092
who hold a license or, certificate, or endorsement issued under	2093
this chapter;	2094

(4) For the purpose of section 4758.24 of the Revised Code,	2095
all of the following:	2096

(a) Good moral character requirements for an individual who	2097
seeks or holds a license or, certificate, or endorsement issued	2098
under this chapter;	2099

(b) The documents that an individual seeking such a license	2100
or, certificate, or endorsement must submit to the board;	2101

(c) Requirements to obtain the license or, certificate, or	2102
endorsement that are in addition to the requirements established	2103
under sections 4758.39, 4758.40, 4758.41, 4758.42, 4758.43,	2104
4758.44, 4758.45, 4758.46, and 4758.47, and 4758.48 of the Revised	2105
Code. The additional requirements may include preceptorships.	2106

(d) The period of time that an individual whose registered	2107
applicant certificate has expired must wait before applying for a	2108
new registered applicant certificate.	2109

(5) For the purpose of section 4758.28 of the Revised Code,	2110
requirements for approval of continuing education courses of study	2111
for individuals who hold a license or, certificate, or endorsement	2112
issued under this chapter;	2113

(6) For the purpose of section 4758.30 of the Revised Code,	2114
the intervention for and treatment of an individual holding a	2115
license or, certificate, or endorsement issued under this chapter	2116
whose abilities to practice are impaired due to abuse of or	2117
dependency on alcohol or other drugs or other physical or mental	2118
condition;	2119

(7) Requirements governing reinstatement of a suspended or	2120
revoked license or, certificate, or endorsement under division (B)	2121
of section 4758.30 of the Revised Code, including requirements for	2122
determining the amount of time an individual must wait to apply	2123
for reinstatement;	2124

(8) For the purpose of section 4758.31 of the Revised Code,	2125
methods of ensuring that all records the board holds pertaining to	2126
an investigation remain confidential during the investigation;	2127

(9) Criteria for employees of the board to follow when	2128
performing their duties under division (B) of section 4758.35 of	2129
the Revised Code;	2130

(10) For the purpose of division (A)(1) of section 4758.39	2131
and division (A)(1) of section 4758.40 of the Revised Code, course	2132
requirements for a degree in a behavioral science or nursing that	2133
shall, at a minimum, include at least forty semester hours in all	2134
of the following courses:	2135

(a) Theories of counseling and psychotherapy;

2136

(b) Counseling procedures;

2137

(c) Group process and techniques;

2138

(d) Relationship therapy;

2139

(e) Research methods and statistics;

2140

(f) Fundamentals of assessment and diagnosis, including	2141
measurement and appraisal;	2142

(g) Psychopathology;

2143

(h) Human development;

2144

(i) Cultural competence in counseling;

2145

(j) Ethics.

2146

(11) For the purpose of division (A)(3) of section 4758.39,	2147
division (A)(3) of section 4758.40, division (A)(3) of section	2148
4758.41, and division (A)(3) of section 4758.42 of the Revised	2149
Code, training requirements for chemical dependency that shall, at	2150
a minimum, include qualifications for the individuals who provide	2151
the training and instruction in all of the following courses:	2152

(a) Theories of addiction;

2153

(b) Counseling procedures and strategies with addicted	2154
populations;	2155

(c) Group process and techniques working with addicted	2156
populations;	2157

(d) Assessment and diagnosis of addiction;

2158

(e) Relationship counseling with addicted populations;

2159

(f) Pharmacology;

2160

(g) Prevention strategies;

2161

(h) Treatment planning;

2162

(i) Legal and ethical issues.

2163

(12) For the purpose of division (B)(2)(b) of section 4758.40	2164
and division (B)(2) of section 4758.41 of the Revised Code,	2165
requirements for the forty clock hours of training on the version	2166
of the diagnostic and statistical manual of mental disorders that	2167
is current at the time of the training, including the number of	2168
the clock hours that must be on substance-related disorders, the	2169
number of the clock hours that must be on chemical dependency	2170
conditions, and the number of the clock hours that must be on	2171
awareness of other mental and emotional disorders;	2172

(13) For the purpose of division (A)(1) of section 4758.41 of	2173
the Revised Code, course requirements for a degree in a behavioral	2174
science or nursing;	2175

(14) For the purpose of division (A) of section 4758.43 of	2176
the Revised Code, training requirements for chemical dependency	2177
counseling that shall, at a minimum, include qualifications for	2178
the individuals who provide the training and instruction in one or	2179
more of the courses listed in division (A)(10) of this section as	2180
selected by the individual seeking the chemical dependency	2181
counselor assistant certificate;	2182

(15) For the purpose of division (A)(2) of section 4758.44 of	2183
the Revised Code, the field of study in which an individual must	2184
obtain at least a bachelor's degree;	2185

(16) For the purpose of division (A)(3) of section 4758.44,	2186
division (A)(3) of section 4758.45, and division (D) of section	2187
4758.46 of the Revised Code, requirements for prevention-related	2188
education;	2189

(17) For the purpose of division (A)(4) of section 4758.44 of	2190
the Revised Code, the number of hours of administrative or	2191
supervisory education that an individual must have;	2192

(18) For the purpose of division (A)(2) of section 4758.45 of	2193
the Revised Code, the field of study in which an individual must	2194
obtain at least an associate's degree;	2195

(19) Standards for the one hundred hours of compensated work	2196
or supervised internship in pathological and problem gambling	2197
direct clinical experience required by division (B)(2) of section	2198
4758.48 of the Revised Code;	2199

(20) For the purpose of section 4758.51 of the Revised Code,	2200
continuing education requirements for individuals who hold a	2201
license or, certificate, or endorsement issued under this chapter;	2202

(20)(21) For the purpose of section 4758.51 of the Revised	2203
Code, the number of hours of continuing education that an	2204
individual must complete to have an expired license or,	2205
certificate, or endorsement restored under section 4758.26 of the	2206
Revised Code;	2207

(21)(22) For the purpose of divisions (A) and (B) of section	2208
4758.52 of the Revised Code, training requirements for chemical	2209
dependency counseling;	2210

(22)(23) The duties, which may differ, of all of the	2211
following:	2212

(a) An independent chemical dependency counselor-clinical	2213
supervisor licensed under this chapter who supervises a chemical	2214
dependency counselor III under section 4758.56 of the Revised	2215
Code;	2216

(b) An independent chemical dependency counselor-clinical	2217
supervisor, independent chemical dependency counselor, or chemical	2218
dependency counselor III licensed under this chapter who	2219
supervises a chemical dependency counselor assistant under section	2220
4758.59 of the Revised Code;	2221

(c) A prevention specialist II or prevention specialist I	2222
certified under this chapter or independent chemical dependency	2223
counselor-clinical supervisor, independent chemical dependency	2224
counselor, or chemical dependency counselor III licensed under	2225
this chapter who supervises a prevention specialist assistant or	2226
registered applicant under section 4758.61 of the Revised Code.	2227

(23)(24) The duties of an independent chemical dependency	2228
counselor licensed under this chapter who holds the pathological	2229
and problem gambling endorsement who supervises a chemical	2230
dependency counselor III with the pathological and problem	2231
gambling endorsement under section 4758.62 of the Revised Code.	2232

(25) Anything else necessary to administer this chapter.

2233

(B) All rules adopted under this section shall be adopted in	2234
accordance with Chapter 119. of the Revised Code and any	2235
applicable federal laws and regulations.	2236

(C) When it adopts rules under this section, the board may	2237
consider standards established by any national association or	2238
other organization representing the interests of those involved in	2239
chemical dependency counseling or alcohol and other drug	2240
prevention services.	2241

Sec. 4758.21. (A) In accordance with rules adopted under	2242
section 4758.20 of the Revised Code and subject to division (B) of	2243
this section, the chemical dependency professionals board shall	2244
establish, and may from time to time adjust, fees to be charged	2245
for the following:	2246

(1) Admitting an individual to an examination administered	2247
pursuant to section 4758.22 of the Revised Code;	2248

(2) Issuing an initial independent chemical dependency	2249
counselor-clinical supervisor license, independent chemical	2250
dependency counselor license, chemical dependency counselor III	2251
license, chemical dependency counselor II license, chemical	2252
dependency counselor assistant certificate, prevention specialist	2253
II certificate, prevention specialist I certificate, prevention	2254
specialist assistant certificate, or registered applicant	2255
certificate;	2256

(3) Issuing an initial pathological and problem gambling	2257
endorsement;	2258

(4) Renewing an independent chemical dependency	2259
counselor-clinical supervisor license, independent chemical	2260
dependency counselor license, chemical dependency counselor III	2261
license, chemical dependency counselor II license, chemical	2262
dependency counselor assistant certificate, prevention specialist	2263
II certificate, prevention specialist I certificate, or prevention	2264
specialist assistant certificate;	2265

(4)(5) Renewing a pathological and problem gambling	2266
endorsement;	2267

(6) Approving continuing education courses under section	2268
4758.28 of the Revised Code;	2269

(5)(7) Doing anything else the board determines necessary to	2270
administer this chapter.	2271

(B) The fees established under division (A) of this section	2272
are nonrefundable. They shall be in amounts sufficient to cover	2273
the necessary expenses of the board in administering this chapter	2274
and rules adopted under it. The fees for a license or,	2275
certificate, or endorsement and the renewal of a license or,	2276
certificate, or endorsement may differ for the various types of	2277
licenses and, certificates, or endorsements, but shall not exceed	2278
one hundred seventy-five dollars each, unless the board determines	2279
that amounts in excess of one hundred seventy-five dollars are	2280
needed to cover its necessary expenses in administering this	2281
chapter and rules adopted under it and the amounts in excess of	2282
one hundred seventy-five dollars are approved by the controlling	2283
board.	2284

(C) All vouchers of the board shall be approved by the	2285
chairperson or executive director of the board, or both, as	2286
authorized by the board.	2287

Sec. 4758.23. (A) In rules adopted under section 4758.20 of	2288
the Revised Code, the chemical dependency professionals board	2289
shall establish codes of ethical practice and professional conduct	2290
for the following:	2291

(1) Individuals who hold a valid independent chemical	2292
dependency counselor-clinical supervisor license, independent	2293
chemical dependency counselor license, chemical dependency	2294
counselor III license, chemical dependency counselor II license,	2295
or chemical dependency counselor assistant certificate issued	2296
under this chapter;	2297

(2) Individuals who hold a valid prevention specialist II	2298
certificate, prevention specialist I certificate, prevention	2299
specialist assistant certificate, or registered applicant	2300
certificate issued under this chapter;	2301

(3) Individuals who hold a valid pathological and problem	2302
gambling endorsement.	2303

(B) The codes for individuals identified under division	2304
(A)(1) of this section shall define unprofessional conduct, which	2305
shall include engaging in a dual relationship with a client,	2306
former client, consumer, or former consumer; committing an act of	2307
sexual abuse, misconduct, or exploitation of a client, former	2308
client, consumer, or former consumer; and, except as permitted by	2309
law, violating client or consumer confidentiality.	2310

(C) The codes for individuals identified under division	2311
(A)(1) of this section may be based on any codes of ethical	2312
practice and professional conduct developed by national	2313
associations or other organizations representing the interests of	2314
those involved in chemical dependency counseling. The codes for	2315
individuals identified under division (A)(2) of this section may	2316
be based on any codes of ethical practice and professional conduct	2317
developed by national associations or other organizations	2318
representing the interests of those involved in alcohol and other	2319
drug prevention services. The board may establish standards in the	2320
codes that are more stringent than those established by the	2321
national associations or other organizations.	2322

Sec. 4758.24. (A) The chemical dependency professionals board	2323
shall issue a license or, certificate, or endorsement under this	2324
chapter to an individual who meets all of the following	2325
requirements:	2326

(1) Is of good moral character as determined in accordance	2327
with rules adopted under section 4758.20 of the Revised Code;	2328

(2) Except as provided in section 4758.241 of the Revised	2329
Code, submits a properly completed application and all other	2330
documentation specified in rules adopted under section 4758.20 of	2331
the Revised Code;	2332

(3) Except as provided in section 4758.241 of the Revised	2333
Code, pays the fee established under section 4758.21 of the	2334
Revised Code for the license or, certificate, or endorsement that	2335
the individual seeks;	2336

(4) Meets the requirements to obtain the license or,	2337
certificate, or endorsement that the individual seeks as specified	2338
in section 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44,	2339
4758.45, 4758.46, or 4758.47, or 4758.48 of the Revised Code;	2340

(5) Meets any additional requirements specified in rules	2341
adopted under section 4758.20 of the Revised Code to obtain the	2342
license or, certificate, or endorsement that the individual seeks.	2343

(B) The board shall not do either of the following:

2344

(1) Issue a certificate to practice as a chemical dependency	2345
counselor I;	2346

(2) Issue a new registered applicant certificate to an	2347
individual whose previous registered applicant certificate has	2348
been expired for less than the period of time specified in rules	2349
adopted under section 4758.20 of the Revised Code.	2350

Sec. 4758.26. (A) Subject to section 4758.30 of the Revised	2351
Code, a license or, certificate, or endorsement issued under this	2352
chapter expires the following period of time after it is issued:	2353

(1) In the case of an initial chemical dependency counselor	2354
assistant certificate, thirteen months;	2355

(2) In the case of any other license or, certificate, or	2356
endorsement, two years.	2357

(B) Subject to section 4758.30 of the Revised Code and except	2358
as provided in section 4758.27 of the Revised Code, the chemical	2359
dependency professionals board shall renew a license or,	2360
certificate, or endorsement issued under this chapter in	2361
accordance with the standard renewal procedure established under	2362
Chapter 4745. of the Revised Code if the individual seeking the	2363
renewal pays the renewal fee established under section 4758.21 of	2364
the Revised Code and does the following:	2365

(1) In the case of an individual seeking renewal of an	2366
initial chemical dependency counselor assistant certificate,	2367
satisfies the additional training requirement established under	2368
section 4758.52 of the Revised Code;	2369

(2) In the case of any other individual, satisfies the	2370
continuing education requirements established under section	2371
4758.51 of the Revised Code.	2372

(C) Subject to section 4758.30 of the Revised Code and except	2373
as provided in section 4758.27 of the Revised Code, a license or,	2374
certificate, or endorsement issued under this chapter that has	2375
expired may be restored if the individual seeking the restoration,	2376
not later than two years after the license or, certificate, or	2377
endorsement expires, applies for restoration of the license or,	2378
certificate, or endorsement. The board shall issue a restored	2379
license or, certificate, or endorsement to the individual if the	2380
individual pays the renewal fee established under section 4758.21	2381
of the Revised Code and does the following:	2382

(1) In the case of an individual whose initial chemical	2383
dependency counselor assistant certificate expired, satisfies the	2384
additional training requirement established under section 4758.52	2385
of the Revised Code;	2386

(2) In the case of any other individual, satisfies the	2387
continuing education requirements established under section	2388
4758.51 of the Revised Code for restoring the license or,	2389
certificate, or endorsement.	2390

The board shall not require an individual to take an	2391
examination as a condition of having an expired license or,	2392
certificate, or endorsement restored under this section.	2393

Sec. 4758.28. The chemical dependency professionals board	2394
shall approve, in accordance with rules adopted under section	2395
4758.20 of the Revised Code and subject to payment of the fee	2396
established under section 4758.21 of the Revised Code, continuing	2397
education courses of study for individuals who hold a license or,	2398
certificate, or endorsement issued under this chapter.	2399

Sec. 4758.29.  On receipt of a notice pursuant to section	2400
3123.43 of the Revised Code, the chemical dependency professionals	2401
board shall comply with sections 3123.41 to 3123.50 of the Revised	2402
Code and any applicable rules adopted under section 3123.63 of the	2403
Revised Code with respect to a license or, certificate, or	2404
endorsement issued pursuant to this chapter.	2405

Sec. 4758.30. (A) The chemical dependency professionals	2406
board, in accordance with Chapter 119. of the Revised Code, may	2407
refuse to issue a license or, certificate, or endorsement applied	2408
for under this chapter; refuse to renew or restore a license or,	2409
certificate, or endorsement issued under this chapter; suspend,	2410
revoke, or otherwise restrict a license or, certificate, or	2411
endorsement issued under this chapter; or reprimand an individual	2412
holding a license or, certificate, or endorsement issued under	2413
this chapter. These actions may be taken by the board regarding	2414
the applicant for a license or, certificate, or endorsement or the	2415
individual holding a license or, certificate, or endorsement for	2416
one or more of the following reasons:	2417

(1) Violation of any provision of this chapter or rules	2418
adopted under it;	2419

(2) Knowingly making a false statement on an application for	2420
a license or, certificate, or endorsement or for renewal,	2421
restoration, or reinstatement of a license or, certificate, or	2422
endorsement;	2423

(3) Acceptance of a commission or rebate for referring an	2424
individual to a person who holds a license or certificate issued	2425
by, or who is registered with, an entity of state government,	2426
including persons practicing chemical dependency counseling,	2427
alcohol and other drug prevention services, pathological and	2428
problem gambling counseling, or fields related to chemical	2429
dependency counseling, pathological and problem gambling	2430
counseling, or alcohol and other drug prevention services;	2431

(4) Conviction in this or any other state of any crime that	2432
is a felony in this state;	2433

(5) Conviction in this or any other state of a misdemeanor	2434
committed in the course of practice as an independent chemical	2435
dependency counselor-clinical supervisor, independent chemical	2436
dependency counselor, chemical dependency counselor III, chemical	2437
dependency counselor II, chemical dependency counselor assistant,	2438
prevention specialist II, pathological and problem gambling	2439
endorsee, prevention specialist I, prevention specialist	2440
assistant, or registered applicant;	2441

(6) Inability to practice as an independent chemical	2442
dependency counselor-clinical supervisor, independent chemical	2443
dependency counselor, chemical dependency counselor III, chemical	2444
dependency counselor II, chemical dependency counselor assistant,	2445
pathological and problem gambling endorsee, prevention specialist	2446
II, prevention specialist I, prevention specialist assistant, or	2447
registered applicant due to abuse of or dependency on alcohol or	2448
other drugs or other physical or mental condition;	2449

(7) Practicing outside the individual's scope of practice;

2450

(8) Practicing without complying with the supervision	2451
requirements specified under section 4758.56, 4758.59, or 4758.61,	2452
or 4758.62 of the Revised Code;	2453

(9) Violation of the code of ethical practice and	2454
professional conduct for chemical dependency counseling or,	2455
alcohol and other drug prevention, or pathological and problem	2456
gambling counseling services adopted by the board pursuant to	2457
section 4758.23 of the Revised Code;	2458

(10) Revocation of a license or, certificate, or endorsement	2459
or voluntary surrender of a license or, certificate, or	2460
endorsement in another state or jurisdiction for an offense that	2461
would be a violation of this chapter.	2462

(B) An individual whose license or, certificate, or	2463
endorsement has been suspended or revoked under this section may	2464
apply to the board for reinstatement after an amount of time the	2465
board shall determine in accordance with rules adopted under	2466
section 4758.20 of the Revised Code. The board may accept or	2467
refuse an application for reinstatement. The board may require an	2468
examination for reinstatement of a license or, certificate, or	2469
endorsement that has been suspended or revoked.	2470

Sec. 4758.31. The chemical dependency professionals board	2471
shall investigate alleged violations of this chapter or the rules	2472
adopted under it and alleged irregularities in the delivery of	2473
chemical dependency counseling services, pathological and problem	2474
gambling counseling services, or alcohol and other drug prevention	2475
services by individuals who hold a license or, certificate, or	2476
endorsement issued under this chapter. As part of an	2477
investigation, the board may issue subpoenas, examine witnesses,	2478
and administer oaths.	2479

The board may receive any information necessary to conduct an	2480
investigation under this section that has been obtained in	2481
accordance with federal laws and regulations. If the board is	2482
investigating the provision of chemical dependency counseling	2483
services or pathological and problem gambling counseling services	2484
to a couple or group, it is not necessary for both members of the	2485
couple or all members of the group to consent to the release of	2486
information relevant to the investigation.	2487

The board shall ensure, in accordance with rules adopted	2488
under section 4758.20 of the Revised Code, that all records it	2489
holds pertaining to an investigation remain confidential during	2490
the investigation. After the investigation, the records are public	2491
records except as otherwise provided by federal or state law.	2492

Sec. 4758.35. (A) An individual seeking a license or,	2493
certificate, or endorsement issued under this chapter shall file	2494
with the chemical dependency professionals board a written	2495
application on a form prescribed by the board. Each form shall	2496
state that a false statement made on the form is the crime of	2497
falsification under section 2921.13 of the Revised Code.	2498

(B) The board shall require an individual or individuals	2499
employed by the board under section 4758.15 of the Revised Code to	2500
do both of the following in accordance with criteria established	2501
by rules adopted under section 4758.20 of the Revised Code:	2502

(1) Receive and review all applications submitted to the	2503
board;	2504

(2) Submit to the board all applications the individual or	2505
individuals recommend the board review based on the criteria	2506
established in the rules.	2507

(C) The board shall review all applications submitted to the	2508
board pursuant to division (B)(2) of this section.	2509

Sec. 4758.36. As part of the review process under division	2510
(C) of section 4758.35 of the Revised Code of an application	2511
submitted by an applicant who has obtained the applicant's	2512
education, experience in chemical dependency counseling,	2513
pathological and problem gambling, or alcohol and other drug	2514
prevention services, or education and experience outside the	2515
United States, the chemical dependency professionals board shall	2516
determine whether the applicant's command of the English language	2517
and education or experience meet the standards required by this	2518
chapter and rules adopted under it.	2519

Sec. 4758.48.  An individual is not eligible for a	2520
pathological and problem gambling endorsement unless the	2521
individual meets the requirements of divisions (A) and (B) of this	2522
section.	2523

(A) The individual is one or more of the following:

2524

(1) An independent chemical dependency counselor, chemical	2525
dependency counselor III, or chemical dependency counselor II	2526
licensed under this chapter;	2527

(2) Authorized to practice medicine and surgery or	2528
osteopathic medicine and surgery under Chapter 4731. of the	2529
Revised Code;	2530

(3) A psychologist licensed under Chapter 4732. of the	2531
Revised Code;	2532

(4) A registered nurse licensed under Chapter 4723. of the	2533
Revised Code; or	2534

(5) A professional clinical counselor, professional	2535
counselor, independent social worker, social worker, independent	2536
marriage and family therapist, or marriage and family therapist	2537
licensed under Chapter 4757. of the Revised Code.	2538

An individual who is a registered nurse or a professional	2539
clinical counselor, professional counselor, independent social	2540
worker, social worker, independent marriage and family therapist,	2541
or marriage and family therapist is ineligible for the endorsement	2542
unless the endorsement is consistent with the individual's scope	2543
of practice.	2544

(B) Except as otherwise provided in this division, the	2545
individual has completed both of the following:	2546

(1) A minimum of thirty hours of training in pathological and	2547
problem gambling that meets the requirements prescribed in rules	2548
adopted under section 4758.20 of the Revised Code; and	2549

(2) A minimum of one hundred hours of compensated work or	2550
supervised internship in pathological and problem gambling direct	2551
clinical experience.	2552

An independent chemical dependency counselor, chemical	2553
dependency counselor III, or chemical dependency counselor II	2554
licensed under this chapter may be issued an initial pathological	2555
and problem gambling endorsement without having complied with	2556
division (B)(2) of this section, but the independent chemical	2557
dependency counselor, chemical dependency counselor III, or	2558
chemical dependency counselor II shall comply with division (B)(2)	2559
of this section before expiration of the initial endorsement. An	2560
independent chemical dependency counselor, chemical dependency	2561
counselor III, or chemical dependency counselor II who fails to	2562
comply with this paragraph is not entitled to renewal of the	2563
initial endorsement.	2564

Sec. 4758.50. An individual who holds a license or,	2565
certificate, or endorsement issued under this chapter shall post	2566
the license or, certificate, or endorsement in a prominent place	2567
at the individual's place of employment.	2568

Sec. 4758.51. (A) Except as provided in division (C) of this	2569
section and in accordance with rules adopted under section 4758.20	2570
of the Revised Code, each individual who holds a license or,	2571
certificate, or endorsement issued under this chapter, other than	2572
an initial chemical dependency counselor assistant certificate,	2573
shall complete during the period that the license or, certificate,	2574
or endorsement is in effect not less than the following number of	2575
clock hours of continuing education as a condition of receiving a	2576
renewed license or, certificate, or endorsement:	2577

(1) In the case of an individual holding a prevention	2578
specialist assistant certificate, twenty;	2579

(2) In the case of an individual holding a pathological and	2580
problem gambling endorsement, six;	2581

(3) In the case of any other individual, forty.

2582

(B) Except as provided in division (C) of this section, an	2583
individual whose license or, certificate, or endorsement issued	2584
under this chapter, other than an initial chemical dependency	2585
counselor assistant certificate, has expired shall complete the	2586
number of hours of continuing education specified in rules adopted	2587
under section 4758.20 of the Revised Code as a condition of	2588
receiving a restored license or, certificate, or endorsement.	2589

(C) The chemical dependency professionals board may waive the	2590
continuing education requirements established under this section	2591
for individuals who are unable to fulfill them because of military	2592
service, illness, residence outside the United States, or any	2593
other reason the board considers acceptable.	2594

Sec. 4758.60. An individual who holds a valid prevention	2595
specialist II certificate or prevention specialist I certificate	2596
issued under this chapter may engage in the practice of alcohol	2597
and other drug prevention services as specified in rules adopted	2598
under section 4758.20 of the Revised Code.	2599

Sec. 4758.62.  An individual who holds an independent	2600
chemical dependency counselor license and a pathological and	2601
problem gambling treatment endorsement may do all of the	2602
following:	2603

(A) Diagnose and treat pathological and problem gambling	2604
conditions;	2605

(B) Perform treatment planning, assessment, crisis	2606
intervention, individual and group counseling, case management,	2607
and educational services insofar as those functions relate to	2608
pathological and problem gambling;	2609

(C) Supervise pathological and problem gambling treatment	2610
counseling; and	2611

(D) Refer individuals with nonpathological and nonproblem	2612
gambling conditions to appropriate sources of help.	2613

Sec. 4758.63.  An individual who holds a chemical dependency	2614
counselor III license and a pathological and problem gambling	2615
endorsement may do all of the following:	2616

(A) Treat pathological and problem gambling conditions;

2617

(B) Diagnose pathological and problem gambling conditions	2618
under supervision;	2619

(C) Perform treatment planning, assessment, crisis	2620
intervention, individual and group counseling, case management,	2621
and educational services insofar as those functions relate to	2622
pathological and problem gambling;	2623

(D) Supervise pathological and problem gambling treatment	2624
counseling under supervision; and	2625

(E) Refer individuals having nonpathological and nonproblem	2626
gambling conditions to appropriate sources of help.	2627

The supervision required by divisions (B) and (D) of this	2628
section shall be provided by an independent chemical dependency	2629
counselor licensed under this chapter; an individual authorized to	2630
practice medicine and surgery or osteopathic medicine and surgery	2631
under Chapter 4731. of the Revised Code; a psychologist licensed	2632
under Chapter 4732. of the Revised Code; a registered nurse	2633
licensed under Chapter 4723. of the Revised Code; or a	2634
professional clinical counselor, independent social worker, or	2635
independent marriage and family therapist licensed under Chapter	2636
4757. of the Revised Code. A registered nurse or a professional	2637
clinical counselor, independent social worker, or independent	2638
marriage and family therapist is not qualified to provide	2639
supervision unless the individual holds a pathological and problem	2640
gambling endorsement.	2641

An individual holding a chemical dependency counselor III	2642
license shall not practice as an individual practitioner.	2643

Sec. 4758.64.  An individual who holds a chemical dependency	2644
counselor II license and a pathological and problem gambling	2645
endorsement may do all of the following:	2646

(A) Treat pathological and problem gambling conditions;

2647

(B) Perform treatment planning, assessment, crisis	2648
intervention, individual and group counseling, case management,	2649
and educational services insofar as those functions relate to	2650
pathological and problem gambling; and	2651

(C) Refer individuals having nonpathological and nonproblem	2652
gambling conditions to appropriate sources of help.	2653

An individual holding a chemical dependency II license shall	2654
not practice as an individual practitioner.	2655

Sec. 4758.71. Nothing in this chapter or the rules adopted	2656
under it authorizes an individual who holds a license or,	2657
certificate, or endorsement issued under this chapter to admit a	2658
patient to a hospital or requires a hospital to allow any such	2659
individual to admit a patient.	2660

Sec. 5119.21.  (A) The department of mental health and	2661
addiction services shall:	2662

(1) To the extent the department has available resources and	2663
in consultation with boards of alcohol, drug addiction, and mental	2664
health services, support a full spectrum of care for all levels of	2665
treatment services for opioid and co-occurring drug addiction and	2666
a continuum of care for other services in accordance with Chapter	2667
340. of the Revised Code on a district or multi-district basis.	2668
The department shall define the essential elements of a full	2669
spectrum of care for all levels of treatment services for opioid	2670
and co-occurring drug addiction and a continuum of care for other	2671
services, shall assist in identifying resources, and may	2672
prioritize support for one or more of the elements of the	2673
continuum of care. The essential elements of a full spectrum of	2674
care for all levels of treatment services for opioid and	2675
co-occurring drug addiction shall include the services required by	2676
division (B) of section 340.09 of the Revised Code.	2677

(2) Provide training, consultation, and technical assistance	2678
regarding mental health and addiction services and appropriate	2679
prevention, recovery, and mental health promotion activities,	2680
including those that are culturally competent, to employees of the	2681
department, community mental health and addiction services	2682
providers, boards of alcohol, drug addiction, and mental health	2683
services, and other agencies providing mental health and addiction	2684
services;	2685

(3) To the extent the department has available resources,	2686
promote and support a full range of mental health and addiction	2687
services that are available and accessible to all residents of	2688
this state, especially for severely mentally disabled children,	2689
adolescents, adults, pregnant women, parents, guardians or	2690
custodians of children at risk of abuse or neglect, and other	2691
special target populations, including racial and ethnic	2692
minorities, as determined by the department;	2693

(4) Develop standards and measures for evaluating the	2694
effectiveness of mental health and addiction services, including	2695
services that use methadone treatment, of gambling addiction	2696
services, and for increasing the accountability of mental health	2697
and alcohol and addiction services providers and of gambling	2698
addiction services providers;	2699

(5) Design and set criteria for the determination of priority	2700
populations;	2701

(6) Promote, direct, conduct, and coordinate scientific	2702
research, taking ethnic and racial differences into consideration,	2703
concerning the causes and prevention of mental illness and	2704
addiction, methods of providing effective services and treatment,	2705
and means of enhancing the mental health of and recovery from	2706
addiction of all residents of this state;	2707

(7) Foster the establishment and availability of vocational	2708
rehabilitation services and the creation of employment	2709
opportunities for consumers of mental health and addiction	2710
services, including members of racial and ethnic minorities;	2711

(8) Establish a program to protect and promote the rights of	2712
persons receiving mental health and addiction services, including	2713
the issuance of guidelines on informed consent and other rights;	2714

(9) Promote the involvement of persons who are receiving or	2715
have received mental health or addiction services, including	2716
families and other persons having a close relationship to a person	2717
receiving those services, in the planning, evaluation, delivery,	2718
and operation of mental health and addiction services;	2719

(10) Notify and consult with the relevant constituencies that	2720
may be affected by rules, standards, and guidelines issued by the	2721
department of mental health and addiction services. These	2722
constituencies shall include consumers of mental health and	2723
addiction services and their families, and may include public and	2724
private providers, employee organizations, and others when	2725
appropriate. Whenever the department proposes the adoption,	2726
amendment, or rescission of rules under Chapter 119. of the	2727
Revised Code, the notification and consultation required by this	2728
division shall occur prior to the commencement of proceedings	2729
under Chapter 119. The department shall adopt rules under Chapter	2730
119. of the Revised Code that establish procedures for the	2731
notification and consultation required by this division.	2732

(11) Provide consultation to the department of rehabilitation	2733
and correction concerning the delivery of mental health and	2734
addiction services in state correctional institutions.	2735

(12) Promote and coordinate efforts in the provision of	2736
alcohol and drug addiction services and of gambling addiction	2737
services by other state agencies, as defined in section 1.60 of	2738
the Revised Code; courts; hospitals; clinics; physicians in	2739
private practice; public health authorities; boards of alcohol,	2740
drug addiction, and mental health services; alcohol and drug	2741
addiction services providers; law enforcement agencies; gambling	2742
addiction services providers; and related groups;	2743

(13) Provide to each court of record, and biennially update,	2744
a list of the treatment and education programs within that court's	2745
jurisdiction that the court may require an offender, sentenced	2746
pursuant to section 4511.19 of the Revised Code, to attend;	2747

(14) Make the warning sign described in sections 3313.752,	2748
3345.41, and 3707.50 of the Revised Code available on the	2749
department's internet web site;	2750

(15) Provide a program of gambling addiction services on	2751
behalf of the state lottery commission, pursuant to an agreement	2752
entered into with the director of the commission under division	2753
(K) of section 3770.02 of the Revised Code, and provide a program	2754
of gambling addiction services on behalf of the Ohio casino	2755
control commission, under an agreement entered into with the	2756
executive director of the commission under section 3772.062 of the	2757
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	2758
Constitution, the department may enter into agreements with boards	2759
of alcohol, drug addiction, and mental health services, including	2760
boards with districts in which a casino facility is not located,	2761
and nonprofit organizations to provide gambling addiction services	2762
and substance abuse services, and with state institutions of	2763
higher education or private nonprofit institutions that possess a	2764
certificate of authorization issued under Chapter 1713. of the	2765
Revised Code to perform related research.	2766

(B) The department may accept and administer grants from	2767
public or private sources for carrying out any of the duties	2768
enumerated in this section.	2769

(C) Pursuant to Chapter 119. of the Revised Code, the	2770
department shall adopt a rule defining the term "intervention" as	2771
it is used in this chapter in connection with alcohol and drug	2772
addiction services and in connection with gambling addiction	2773
services. The department may adopt other rules as necessary to	2774
implement the requirements of this chapter.	2775

Sec. 5119.22.  The director of mental health and addiction	2776
services with respect to all mental health and addiction	2777
facilities and services established and operated or provided under	2778
Chapter 340. of the Revised Code, shall do all of the following:	2779

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	2780
that may be necessary to carry out the purposes of this chapter	2781
and Chapters 340. and 5122. of the Revised Code.	2782

(B) Review and evaluate the full spectrum of care for all	2783
levels of treatment services for opioid and co-occurring drug	2784
addiction and the continuum of care for other services in each	2785
service district, taking into account the findings and	2786
recommendations of the board of alcohol, drug addiction, and	2787
mental health services of the district submitted under division	2788
(A)(4) of section 340.03 of the Revised Code and the priorities	2789
and plans of the department of mental health and addiction	2790
services, including the needs of residents of the district	2791
currently receiving services in state-operated hospitals, and make	2792
recommendations for needed improvements to boards of alcohol, drug	2793
addiction, and mental health services;	2794

(C) At the director's discretion, provide to boards of	2795
alcohol, drug addiction, and mental health services state or	2796
federal funds, in addition to those allocated under section	2797
5119.23 of the Revised Code, for special programs or projects the	2798
director considers necessary but for which local funds are not	2799
available;	2800

(D) Establish, in consultation with board of alcohol, drug	2801
addiction, and mental health service representatives and after	2802
consideration of the recommendations of the medical director,	2803
guidelines for the development of community mental health and	2804
addiction services plans and the review and approval or	2805
disapproval of such plans submitted pursuant to section 340.03 of	2806
the Revised Code.	2807

(E) Establish criteria by which a board of alcohol, drug	2808
addiction, and mental health services reviews and evaluates the	2809
quality, effectiveness, and efficiency of its contracted services.	2810
The criteria shall include requirements ensuring appropriate	2811
service utilization. The department shall assess a board's	2812
evaluation of services and the compliance of each board with this	2813
section, Chapter 340. of the Revised Code, and other state or	2814
federal law and regulations. The department, in cooperation with	2815
the board, periodically shall review and evaluate the quality,	2816
effectiveness, and efficiency of services provided through each	2817
board. The department shall collect information that is necessary	2818
to perform these functions.	2819

(F) To the extent the director determines necessary and after	2820
consulting with boards of alcohol, drug addiction, and mental	2821
health services and community addiction and mental health services	2822
providers, develop and operate, or contract for the operation of,	2823
a community behavioral health information system or systems. The	2824
department shall specify the information that must be provided by	2825
boards of alcohol, drug addiction, and mental health services and	2826
by community addiction and mental health services providers for	2827
inclusion in the system or systems.	2828

Boards of alcohol, drug addiction, and mental health services	2829
and community addiction and mental health services providers shall	2830
submit information requested by the department in the form and	2831
manner and in accordance with time frames prescribed by the	2832
department. Information collected by the department may include	2833
all of the following:	2834

(1) Information on services provided;

2835

(2) Financial information regarding expenditures of federal,	2836
state, or local funds;	2837

(3) Information about persons served.

2838

The department shall not collect any personal information	2839
from the boards except as required or permitted by state or	2840
federal law for purposes related to payment, health care	2841
operations, program and service evaluation, reporting activities,	2842
research, system administration, and oversight.	2843

(G)(1) Review each board's community mental health and	2844
addiction services plan, budget, and statement of services to be	2845
made available submitted pursuant to sections 340.03 and 340.08 of	2846
the Revised Code and approve or disapprove the plan, the budget,	2847
and the statement of services in whole or in part.	2848

The department may withhold all or part of the funds	2849
allocated to a board if it disapproves all or part of a plan,	2850
budget, or statement of services, except that the department shall	2851
withhold all of the funds allocated to the board if the department	2852
disapproves the budget because the budget does not comply with	2853
division (A)(1) of section 340.08 of the Revised Code. Prior to a	2854
final decision to disapprove a plan, budget, or statement of	2855
services, or to withhold funds from a board, a representative of	2856
the director of mental health and addiction services shall meet	2857
with the board and discuss the reason for the action the	2858
department proposes to take and any corrective action that should	2859
be taken to make the plan, budget, or statement of services	2860
acceptable to the department. In addition, the department shall	2861
offer technical assistance to the board to assist it to make the	2862
plan, budget, or statement of services acceptable. The department	2863
shall give the board a reasonable time in which to revise the	2864
plan, budget, or statement of services. The board thereafter shall	2865
submit a revised plan, budget, or statement of services, or a new	2866
plan, budget, or statement of services.	2867

(2) If a board determines that it is necessary to amend the	2868
plan, budget, or statement of services that has been approved	2869
under this section, the board shall submit the proposed amendment	2870
to the department. The department may approve or disapprove all or	2871
part of the amendment.	2872

(3) If the director disapproves of all or part of any	2873
proposed amendment, the director shall provide the board an	2874
opportunity to present its position. The director shall inform the	2875
board of the reasons for the disapproval and of the criteria that	2876
must be met before the proposed amendment may be approved. The	2877
director shall give the board a reasonable time within which to	2878
meet the criteria and shall offer technical assistance to the	2879
board to help it meet the criteria.	2880

(4) The department shall establish procedures for the review	2881
of plans, budgets, and statements of services, and a timetable for	2882
submission and review of plans, budgets, and statements of	2883
services and for corrective action and submission of new or	2884
revised plans, budgets, and statements of services.	2885

Sec. 5119.23.  (A) The department of mental health and	2886
addiction services shall establish a methodology for allocating to	2887
boards of alcohol, drug addiction, and mental health services the	2888
funds appropriated by the general assembly to the department for	2889
the purpose of the full spectrum of care for all levels of	2890
treatment services for opioid and co-occurring drug addiction and	2891
the continuum of care for other services to be provided as local	2892
mental health and addiction services continuums of care. The	2893
department shall establish the methodology after notifying and	2894
consulting with relevant constituencies as required by division	2895
(A)(10) of section 5119.21 of the Revised Code. The methodology	2896
may provide for the funds to be allocated to boards on a district	2897
or multi-district basis.	2898

(B) Subject to section 5119.25 of the Revised Code, and to	2899
required submissions and approvals under section 340.08 of the	2900
Revised Code, the department shall allocate the funds to the	2901
boards in a manner consistent with the methodology, this section,	2902
other state and federal laws, rules, and regulations.	2903

(C) In consultation with boards, community mental health and	2904
addiction services providers, and persons receiving services, the	2905
department shall establish guidelines for the use of funds	2906
allocated and distributed under this section.	2907

Sec. 5119.25.  (A) The director of mental health and	2908
addiction services, in whole or in part, may withhold funds	2909
otherwise to be allocated to a board of alcohol, drug addiction,	2910
and mental health services under section 5119.23 of the Revised	2911
Code if the board fails to comply with Chapter 340. or section	2912
5119.22, 5119.24, 5119.36, or 5119.371 of the Revised Code or	2913
rules of the department of mental health and addiction services.	2914
However, the director shall withhold all such funds from the board	2915
when required to do so under division (A)(4) of section 340.08 of	2916
the Revised Code or division (G)(1) of section 5119.22 of the	2917
Revised Code.	2918

(B) The director of mental health and addiction services may	2919
withhold funds otherwise to be allocated to a board of alcohol,	2920
drug addiction, and mental health services under section 5119.23	2921
of the Revised Code if the board denies available service on the	2922
basis of race, color, religion, creed, sex, age, national origin,	2923
disability as defined in section 4112.01 of the Revised Code, or	2924
developmental disability.	2925

(C) The director shall issue a notice identifying the areas	2926
of noncompliance and the action necessary to achieve compliance.	2927
The director may offer technical assistance to the board to	2928
achieve compliance. The board shall have tenthirty days from	2929
receipt of the notice of noncompliance to present its position	2930
that it is in compliance or to submit to the director evidence of	2931
corrective action the board took to achieve compliance. Before	2932
withholding funds, the director or the director's designee shall	2933
hold a hearing within tenthirty days of receipt of the board's	2934
position or evidence to determine if there are continuing	2935
violations and that either assistance is rejected or the board is	2936
unable, or has failed, to achieve compliance. The director may	2937
appoint a representative from another board of alcohol, drug	2938
addiction, and mental health services to serve as a mentor for the	2939
board in developing and executing a plan of corrective action to	2940
achieve compliance. Any such representative shall be from a board	2941
that is in compliance with Chapter 340. of the Revised Code,	2942
sections 5119.22, 5119.24, 5119.36, and 5119.371 of the Revised	2943
Code, and the department's rules. Subsequent to the hearing	2944
process, if it is determined that compliance has not been	2945
achieved, the director may allocate all or part of the withheld	2946
funds to a public or private agencyone or more community mental	2947
health services providers or community addiction services	2948
providers to provide the community mental health or community	2949
addiction service for which the board is not in compliance until	2950
the time that there is compliance. The director mayshall adopt	2951
rules in accordance with Chapter 119. of the Revised Code to	2952
implement this section.	2953

Sec. 5119.362. (A) In accordance with rules adopted under	2954
section 5119.363 of the Revised Code, each community addiction	2955
services provider shall do all of the following:	2956

(1) Maintain, in an aggregate form, a waiting list of	2957
individuals to whom all of the following apply:	2958

(a) The individual has been documented as having a clinical	2959
need for alcohol and drug addiction services due to an opioid or	2960
co-occurring drug addiction.	2961

(b) The individual has applied to the provider for a	2962
clinically necessary treatment service included in the full	2963
spectrum of care required by division (B) of section 340.09 of the	2964
Revised Code.	2965

(c) The individual has not begun to receive the clinically	2966
necessary treatment service within five days of the individual's	2967
application for the service because the provider lacks an	2968
available slot for the individual.	2969

(2) Notify an individual included on the provider's waiting	2970
list when the provider has a slot available for the individual	2971
and, if the individual does not contact the provider about the	2972
slot within a period of time specified in the rules, contact the	2973
individual to determine why the individual did not contact the	2974
provider and to assess whether the individual still needs the	2975
treatment service;	2976

(3) Subject to divisions (B) and (C) of this section, report	2977
all of the following information each month to the board of	2978
alcohol, drug addiction, and mental health services that serves	2979
the county or counties in which the provider provides alcohol and	2980
drug addiction services:	2981

(a) An unduplicated count of all individuals who reside in a	2982
county that the board serves and were included on the provider's	2983
waiting list as of the last day of the immediately preceding month	2984
and each type of treatment service for which they were waiting;	2985

(b) The total number of days all such individuals had been on	2986
the provider's waiting list as of the last day of the immediately	2987
preceding month;	2988

(c) The last known types of residential settings in which all	2989
such individuals resided as of the last day of the immediately	2990
preceding month;	2991

(d) The number of all such individuals who did not contact	2992
the provider after receiving, during the immediately preceding	2993
month, the notices under division (A)(2) of this section about the	2994
provider having slots available for the individuals, and the	2995
reasons the contacts were not made;	2996

(e) The number of all such individuals who withdrew, in the	2997
immediately preceding month, their applications for the treatment	2998
services, each type of treatment service for which those	2999
individuals had applied, and the reasons the applications were	3000
withdrawn;	3001

(f) All other information specified in the rules.

3002

(B) If a community addiction services provider provides	3003
alcohol and drug addiction services in more than one county and	3004
those counties are served by different boards of alcohol, drug	3005
addiction, and mental health services, the provider shall provide	3006
separate reports under division (C)(3) of this section to each of	3007
the boards serving the counties in which the provider provides the	3008
services. The report provided to a board shall be specific to the	3009
county or counties the board serves and not include information	3010
for individuals residing in other counties.	3011

(C) Each report that a community addiction services provider	3012
provides to a board of alcohol, drug addiction, and mental health	3013
services under this section shall do all of the following:	3014

(1) Maintain the confidentiality of all individuals for whom	3015
information is included in the report;	3016

(2) For the purpose of the information reported under	3017
division (A)(3)(c) of this section, identify the types of	3018
residential settings at least as either institutional or	3019
noninstitutional;	3020

(3) If the report is provided to a board that serves more	3021
than one county, present the information included in the report in	3022
a manner that is broken down for each of the counties the board	3023
serves.	3024

Sec. 5119.363.  The director of mental health and addiction	3025
services shall adopt rules governing the duties of boards of	3026
alcohol, drug addiction, and mental health services under section	3027
340.20 of the Revised Code and the duties of community addiction	3028
services providers under section 5119.362 of the Revised Code. The	3029
rules shall be adopted in accordance with Chapter 119. of the	3030
Revised Code.	3031

Sec. 5119.364. The department of mental health and addiction	3032
services shall make the reports it receives under section 340.20	3033
of the Revised Code from boards of alcohol, drug addiction, and	3034
mental health services available on the department's internet web	3035
site. The information contained in the reports shall be presented	3036
on the web site on both a statewide basis and county-level basis.	3037
The information on the web site shall be updated monthly after the	3038
boards submit new reports to the department.	3039

Sec. 5119.365. (A) The director of mental health and	3040
addiction services shall adopt rules in accordance with Chapter	3041
119. of the Revised Code to do both of the following:	3042

(1) Streamline the intake procedures used by a community	3043
addiction services provider accepting and beginning to serve a new	3044
patient, including procedures regarding intake forms and	3045
questionnaires;	3046

(2) Enable a community addiction services provider to retain	3047
a patient as an active patient even though the patient last	3048
received services from the provider more than thirty days before	3049
resumption of services so that the patient and provider do not	3050
have to repeat the intake procedures.	3051

(B) The rules adopted under this section shall do both of the	3052
following:	3053

(1) Model the intake and resumption of service procedures on	3054
such procedures used by primary care physicians;	3055

(2) Facilitate the exchange of information about patients	3056
between community addiction services providers and primary care	3057
physicians.	3058

Sec. 5122.36. If the legal residence of a person suffering	3059
from mental illness is in another county of the state, the	3060
necessary expense of the person's return is a proper charge	3061
against the county of legal residence. If an adjudication and	3062
order of hospitalization by the probate court of the county of	3063
temporary residence are required, the regular probate court fees	3064
and expenses incident to the order of hospitalization under this	3065
chapter and any other expense incurred on the person's behalf	3066
shall be charged to and paid by the county of the person's legal	3067
residence upon the approval and certification of the probate judge	3068
of that county. The ordering court shall send to the probate court	3069
of the person's county of legal residence a certified transcript	3070
of all proceedings had in the ordering court. The receiving court	3071
shall enter and record the transcript. The certified transcript is	3072
prima facie evidence of the residence of the person. When the	3073
residence of the person cannot be established as represented by	3074
the ordering court, the matter of residence shall be referred to	3075
the department of mental health and addiction services for	3076
investigation and determination.	3077

Section 2.  That existing sections 340.01, 340.02, 340.021,	3078
340.03, 340.08, 340.09, 340.15, 2945.402, 3701.74, 4511.191,	3079
4758.01, 4758.02, 4758.06, 4758.16, 4758.20, 4758.21, 4758.23,	3080
4758.24, 4758.26, 4758.28, 4758.29, 4758.30, 4758.31, 4758.35,	3081
4758.36, 4758.50, 4758.51, 4758.60, 4758.71, 5119.21, 5119.22,	3082
5119.23, and 5119.25 of the Revised Code are hereby repealed.	3083

Section 3.  (A) Except as provided in divisions (B) and (C)	3084
of this section, Sections 1 and 2 of this act take effect two	3085
years after the effective date of this act.	3086

(B) The following take effect at the earliest time permitted	3087
by law:	3088

(1) The amendment by this act of sections 340.02, 340.021,	3089
2945.402, 3701.74, 4511.191, 4758.01, 4758.02, 4758.06, 4758.16,	3090
4758.20, 4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 4758.29,	3091
4758.30, 4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 4758.60, and	3092
4758.71 of the Revised Code;	3093

(2) The enactment by this act of sections 4758.48, 4758.62,	3094
4758.63, 4758.64, 5119.365, and 5122.36 of the Revised Code.	3095

(C) The amendment by this act to division (A) of section	3096
5119.25 of the Revised Code takes effect two years after the	3097
effective date of this section. The amendment by this act to	3098
division (C) of that section takes effect at the earliest time	3099
permitted by law.	3100

Section 4. That Section 751.10 of Am. Sub. H.B. 59 of the	3101
130th General Assembly be amended to read as follows:	3102

Sec. 751.10.  RECOVERY REQUIRES A COMMUNITY PROGRAM

3103

The Department of Mental Health and Addiction Services, in	3104
consultation with the Department of Medicaid, shall administer the	3105
Recovery Requires a Community Program to identify individuals	3106
residing in nursing facilities who can be successfully moved into	3107
a community setting with the aid of community non-Medicaid	3108
services.	3109

The Director of Mental Health and Addiction Services and the	3110
Medicaid Director shall agree upon an amount representing the	3111
savings realized from decreased nursing facility utilization to be	3112
transferred within the biennium from the Department of Medicaid to	3113
the Department of Mental Health and Addiction Services to support	3114
non-Medicaid program costs for individuals moving into community	3115
settings.	3116

Of the foregoing appropriation item 651525, Medicaid/Health	3117
Care Services, the Medicaid Director shall transfer the amount	3118
agreed upon representing the savings from the General Revenue Fund	3119
to the Sale of Goods and Services Fund (Fund 1490). The transfer	3120
shall be made using an intrastate transfer voucher. The	3121
transferred cash is hereby appropriated to appropriation item	3122
335609, Community Operating/Planning.	3123

The Director of Mental Health and Addiction Services and the	3124
Medicaid Director shall certify the agreed upon amount to the	3125
Director of Budget and Management. Upon receipt of the	3126
certification, the Director of Budget and Management may increase	3127
appropriation item 335504, Community Innovations, up to the amount	3128
of the certification and decrease appropriation item 651525,	3129
Medicaid/Health Care Services, by an equal amount.	3130

Section 5. That existing Section 751.10 of Am. Sub. H.B. 59	3131
of the 130th General Assembly is hereby repealed.	3132

Section 6.  That Section 327.83 of Am. Sub. H.B. 59 of the	3133
130th General Assembly is hereby repealed.	3134

Section 7.  (A) As used in this section, "recovery housing"	3135
means recovery housing that a board of alcohol, drug addiction,	3136
and mental health services, beginning two years after the	3137
effective date of this section, is to include in the full spectrum	3138
of care for all levels of treatment services for opioid and	3139
co-occurring drug addiction under division (B) of section 340.09	3140
of the Revised Code, as that section is amended by this act.	3141

(B)(1) Except as provided in division (C) of this section, of	3142
the appropriation item 335507, Community Behavioral Health, in Am.	3143
Sub. H.B. 59 of the 130th General Assembly, $24,850,000 in fiscal	3144
year 2015 shall be used as follows:	3145

(a) To provide six step-down regional crisis stabilization	3146
units, for a total of up to 90 beds, in accordance with a state	3147
allocation formula the Department of Mental Health and Addiction	3148
Services shall create;	3149

(b) To provide state funds to the boards of alcohol, drug	3150
addiction, and mental health services serving Cuyahoga, Franklin,	3151
Hamilton, Lucas, Mahoning, Montgomery, Stark, and Summit counties	3152
for either of the following:	3153

(i) Subject to divisions (D)(1) and (3) of this section, the	3154
capital or leasing costs associated with making up to four hundred	3155
recovery housing beds available in those counties;	3156

(ii) Additional step-down regional crisis stabilization units	3157
that are funded in accordance with the state allocation formula	3158
created under division (B)(1)(a) of this section.	3159

(c) Subject to divisions (D)(2) and (3) of this section, to	3160
provide state funds to the other boards of alcohol, drug	3161
addiction, and mental health services for the capital or leasing	3162
costs associated with making up to four hundred eighty recovery	3163
housing beds available in those counties;	3164

(d) Subject to division (E) of this section, to provide state	3165
funds to boards for the first two years of operating expenses of	3166
recovery housing;	3167

(e) Subject to division (F) of this section, to contract for	3168
a network of recovery housing.	3169

(2) In providing state funds to boards under this section,	3170
the Department shall prioritize funding for counties that have no	3171
recovery housing on the effective date of this section.	3172

(C) On July 1, 2014, or as soon as possible thereafter, the	3173
Department of Medicaid shall calculate the variance between the	3174
actual and projected enrollment of newly eligible individuals	3175
under the Medicaid expansion in fiscal year 2014. The projected	3176
enrollment shall be the number specified in the "Fiscal Impact of	3177
the Affordable Care Act on Medicaid Enrollment and Program Cost"	3178
report produced by Mercer Health and Benefits LLC for the State of	3179
Ohio's Office of Medical Assistance on February 13, 2013. If the	3180
actual enrollment is more than ten per cent less than the	3181
projected enrollment, the Director of Mental Health and Addiction	3182
Services may allocate up to $24,850,000 of the appropriation item	3183
335507, Community Behavioral Health, in Am. Sub. H.B. 59 of the	3184
130th General Assembly to boards of alcohol, drug addiction, and	3185
mental health services to continue programs the boards started in	3186
fiscal year 2014. Any of that amount not so allocated shall be	3187
used in accordance with division (B) of this section.	3188

(D)(1) Funding for the capital or leasing costs of recovery	3189
housing in Cuyahoga, Franklin, Hamilton, Lucas, Mahoning,	3190
Montgomery, Stark, and Summit counties is subject to the	3191
following:	3192

(a) If recovery housing exists in the county on the effective	3193
date of this section, the Department shall pay fifty per cent and	3194
the board serving the county shall pay the other fifty per cent of	3195
the capital or leasing costs of additional recovery housing in the	3196
county.	3197

(b) If no recovery housing exists in the county on the	3198
effective date of this section, the Department shall pay ninety	3199
per cent and the board serving the county shall pay the remaining	3200
ten per cent of the capital or leasing costs of recovery housing	3201
in the county, except that if the board cannot afford to pay ten	3202
per cent, the Department shall pay one hundred per cent of the	3203
capital or leasing costs.	3204

(2) In the case of all other counties, the Department shall	3205
pay ninety per cent and the board serving the county shall pay the	3206
remaining ten per cent of the capital or leasing costs of recovery	3207
housing in the county, except that if the board cannot afford to	3208
pay ten per cent, the Department shall pay one hundred per cent of	3209
the capital or leasing costs.	3210

(3) Each board that receives state funds under division	3211
(B)(1)(b) or (c) of this section and uses the funds for the	3212
capital costs of recovery housing shall, to the greatest extent	3213
possible, give priority to developing new or additional recovery	3214
housing through a grant process under which one or more nonprofit	3215
entities use the grants for the capital costs of developing new or	3216
additional recovery housing in the county or counties that the	3217
board serves. A nonprofit entity that receives such a grant shall	3218
do both of the following to the greatest extent possible:	3219

(a) Develop the new or additional recovery housing by	3220
rehabilitating existing buildings, using materials from existing	3221
buildings that no longer need the materials, or both;	3222

(b) In developing the new or additional recovery housing, use	3223
one or more of the following:	3224

(i) Volunteers;

3225

(ii) Apprentices working under a bona fide apprenticeship	3226
program that is registered with the Ohio Apprenticeship Council	3227
created in section 4139.02 of the Revised Code or with the United	3228
States Department of Labor;	3229

(iii) Individuals who have successfully completed training in	3230
the construction field that is offered by a career-technical	3231
center, joint vocational school district, comprehensive	3232
career-technical center, or compact career-technical center	3233
offering adult training;	3234

(iv) Employees hired through a hiring hall contract or	3235
agreement.	3236

(E) The Department shall pay ninety per cent of the operating	3237
expenses of recovery housing for the first two years that the	3238
recovery housing is operated in a county if the Department pays	3239
one hundred per cent of the capital or leasing costs for the	3240
recovery housing.	3241

(F)(1) Through a competitive bidding process, the Department	3242
shall enter into a three-year contract with a nongovernmental	3243
organization under which the organization shall organize a network	3244
of recovery housing in the state that has all of the following	3245
features:	3246

(a) An internet-based database of recovery housing available	3247
in the state;	3248

(b) A resource hub for recovery housing providers that	3249
assists the providers' development and operation efforts and	3250
enables providers to connect with other recovery housing providers	3251
in this and other states for the purpose of shared learning;	3252

(c) Quality standards for recovery housing and a peer-review	3253
process that uses the standards to endorse individual recovery	3254
housing sites;	3255

(d) A system that monitors data that can be used to determine	3256
outcomes for recovery housing.	3257

(2) The Department shall not spend a total of more than	3258
$500,000 on the contract entered into under division (F)(1) of	3259
this section.	3260

Section 8. Of the appropriation item 335507, Community	3261
Behavioral Health, in Am. Sub. H.B. 59 of the 130th General	3262
Assembly, $5,078,200 in fiscal year 2015 shall be used to maintain	3263
the level of funding for the Substance Abuse Prevention and	3264
Treatment Block Grant.	3265

Section 9. Of the appropriation item 335507, Community	3266
Behavioral Health, in Am. Sub. H.B. 59 of the 130th General	3267
Assembly, $5,000,000 in fiscal year 2015 shall be used to expand	3268
prevention-based resources statewide.	3269

Section 10. Of the appropriation item 335507, Community	3270
Behavioral Health, in Am. Sub. H.B. 59 of the 130th General	3271
Assembly, $3.75 million in fiscal year 2015 shall be used to	3272
expand the Residential State Supplement Program.	3273

Section 11. (A) On July 1, 2014, or as soon as possible	3274
thereafter, the Director of Budget and Management shall transfer	3275
$8,821,800 in General Revenue Fund appropriations in fiscal year	3276
2015 from appropriation item 335507, Community Behavioral Health,	3277
used by the Department of Mental Health and Addiction Services, to	3278
appropriation item 501502, Specialty Docket Staff Payroll Costs,	3279
used by the Department of Rehabilitation and Correction.	3280

(B) The foregoing appropriation item 501502, Specialty Docket	3281
Staff Payroll Costs, shall be used by the Department of	3282
Rehabilitation and Correction to defray a portion of the annual	3283
payroll costs associated with the employment of up to two separate	3284
and distinct full-time, or full-time equivalent, specialized	3285
docket staff members by a court of common pleas, a municipal	3286
court, or a county court, including a juvenile or family court	3287
that currently has, or anticipates having, a family dependency	3288
treatment court that meets all of the eligibility requirements	3289
described in division (C) of this section. Specialized docket	3290
staff members employed under this section shall be considered	3291
employees of the court.	3292

(C) To be eligible:

3293

(1) The court must have received Supreme Court of Ohio	3294
certification for a specialized docket that targets participants	3295
with a drug addiction or dependency; and	3296

(2) Specialized docket staff members must have received	3297
training for or education in alcohol and other drug addiction,	3298
abuse, and recovery and have demonstrated, prior to or within	3299
ninety days of hire, competencies in fundamental alcohol and other	3300
drug addiction, abuse, and recovery. Fundamental competencies	3301
shall include, at a minimum, an understanding of alcohol and other	3302
drug treatment and recovery, how to engage a person in treatment	3303
and recovery and an understanding of other health care systems,	3304
social service systems, and the criminal justice system.	3305

(D) For the purposes of this section, payroll costs include	3306
annual compensation and fringe benefits.	3307

(E) The Department of Rehabilitation and Correction, solely	3308
for the purpose of determining the amount of the state share	3309
available to a court under division (G) of this section for the	3310
employment of up to two separate and distinct full-time, full-time	3311
equivalent, or any combination thereof, specialized docket staff	3312
members, shall use the lesser of:	3313

(1) The actual annual compensation and fringe benefits paid	3314
to those staff members proportionally reflecting their time	3315
allocated for specialized docket duties and responsibilities; or	3316

(2) $78,000.

3317

(F) In accordance with any applicable rules, guidelines, or	3318
procedures adopted by the Department of Rehabilitation and	3319
Correction pursuant to this section, the county auditor shall	3320
certify, for any court located within that county that is applying	3321
for or receiving funding under this section, to the Department of	3322
Rehabilitation and Correction the information necessary to	3323
determine that court's eligibility for, and the amount of, funding	3324
under this section.	3325

(G) For a specialized docket staff member employed by a court	3326
in this section, the amount of state funding available under this	3327
section shall be sixty-five per cent of the payroll costs	3328
specified in division (E) of this section. This state funding	3329
shall not exceed $50,700.	3330

(H) The Department of Rehabilitation and Correction shall	3331
disburse this state funding in quarterly installments to the	3332
appropriate county or municipality in which the court is located.	3333

(I) Of the foregoing appropriation item 501502, Specialty	3334
Docket Staff Payroll Costs, the Department of Rehabilitation and	3335
Correction shall use up to one per cent of the appropriation in	3336
fiscal year 2015 to pay the costs it incurs in administering the	3337
duties and responsibilities established in this section.	3338

(J) The Department of Rehabilitation and Correction may adopt	3339
rules, guidelines, and procedures as necessary to carry out the	3340
purposes of this section.	3341

Section 12. (A) As used in this section:

3342

"Returning offender" means an individual who is released from	3343
confinement in a state correctional facility to live in the	3344
community on or after the effective date of this section.	3345

"State correctional facility" has the same meaning as in	3346
section 2967.01 of the Revised Code.	3347

(B) Subject to division (C) of this section, the boards of	3348
alcohol, drug addiction, and mental health services serving	3349
Cuyahoga, Franklin, Hamilton, Montgomery, and Summit counties	3350
shall prioritize the use of funds made available to the boards by	3351
the Department of Mental Health and Addiction Services under Am.	3352
Sub. H.B. 59 of the 130th General Assembly to temporarily assist	3353
returning offenders who have severe mental illnesses, severe	3354
substance use disorders, or both, and reside in the alcohol, drug	3355
addiction, and mental health service districts the boards serve,	3356
obtain Medicaid-covered community mental health services,	3357
Medicaid-covered community drug addiction services, or both. A	3358
board shall provide the temporary assistance to such a returning	3359
offender regardless of whether the returning offender resided in	3360
the district the board serves before being confined in a state	3361
correctional facility. Such a returning offender's priority for	3362
the temporary assistance shall end on the earlier of the	3363
following:	3364

(1) The date that the offender is enrolled in the Medicaid	3365
program or, if applicable, the date that the suspension of the	3366
offender's Medicaid eligibility ends pursuant to section 5163.45	3367
of the Revised Code;	3368

(2) Sixty days after the offender is released from	3369
confinement in a state correctional facility.	3370

(C) The assistance provided to returning offenders under this	3371
section shall not receive priority over community addiction	3372
services that are prioritized under section 340.15 of the Revised	3373
Code or the program for pregnant women with drug addictions	3374
developed under section 5119.17 of the Revised Code.	3375

Section 13. The Director of Mental Health and Addiction	3376
Services shall designate an employee who is certified as a	3377
prevention specialist by the Chemical Dependency Professionals	3378
Board to serve as coordinator for the Start Talking! Initiative	3379
and to assist with statewide efforts to prevent substance abuse	3380
among children.	3381