Sub. H. B. No. 83 As Reported by the Senate Medicaid, Health and Human Services Committee

As Reported by the Senate Medicaid, Health and Human Services Committee

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 83

Representative Hackett

Cosponsors: Representatives Beck, Carney, Ramos, Anielski, Antonio, Bishoff, Brown, Burkley, Celebrezze, Driehaus, Foley, Grossman, Letson, McClain, Milkovich, O'Brien, Pillich, Rogers, Sears, Winburn Speaker Batchelder
Senator Tavares

A BILL

To amend sections 102.02, 102.022, 102.03, 2152.54,

2919.271, 2945.37, 4732.01, 4732.02, 4732.03,

4732.06, 4732.07, 4732.09, 4732.10, 4732.11,

4732.12, 4732.13, 4732.14, 4732.141, 4732.16,

4732.17, 4732.172, 4732.173, 4732.18, 4732.21,

4732.22, 4732.31, 4755.13, 4757.42, 5120.55, and

5122.01, to amend, for the purpose of adopting new

section numbers as indicated in parentheses,

sections 4732.16 (4732.15), 4732.172 (4732.171),

and 4732.173 (4732.172), to enact new sections

4732.16 and 4732.173 and sections 4732.142,

4732.151, 4732.221, and 4732.33, and to repeal

sections 4732.15, 4732.171, and 4732.23 of the

Revised Code to revise the laws governing the

practice of psychology.

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

Section 1. That sections 102.02, 102.022, 102.03, 2152.54,	16
2919.271, 2945.37, 4732.01, 4732.02, 4732.03, 4732.06, 4732.07,	17
4732.09, 4732.10, 4732.11, 4732.12, 4732.13, 4732.14, 4732.141,	18
4732.16, 4732.17, 4732.172, 4732.173, 4732.18, 4732.21, 4732.22,	19
4732.31, 4755.13, 4757.42, 5120.55, and 5122.01 be amended;	20
sections 4732.16 (4732.15), 4732.172 (4732.171), and 4732.173	21
(4732.172) be amended for the purpose of adopting new section	22
numbers as indicated in parentheses; and new sections 4732.16 and	23
4732.173 and sections 4732.142, 4732.151, 4732.221, and 4732.33 of	24
the Revised Code be enacted to read as follows:	25

Sec. 102.02. (A) Except as otherwise provided in division	26
(H) of this section, all of the following shall file with the	27
appropriate ethics commission the disclosure statement described	28
in this division on a form prescribed by the appropriate	29
commission: every person who is elected to or is a candidate for a	30
state, county, or city office and every person who is appointed to	31
fill a vacancy for an unexpired term in such an elective office;	32
all members of the state board of education; the director,	33
assistant directors, deputy directors, division chiefs, or persons	34
of equivalent rank of any administrative department of the state;	35
the president or other chief administrative officer of every state	36
institution of higher education as defined in section 3345.011 of	37
the Revised Code; the executive director and the members of the	38
capitol square review and advisory board appointed or employed	39
pursuant to section 105.41 of the Revised Code; all members of the	40
Ohio casino control commission, the executive director of the	41
commission, all professional employees of the commission, and all	42
technical employees of the commission who perform an internal	43
audit function; the individuals set forth in division (B)(2) of	44
section 187.03 of the Revised Code; the chief executive officer	45
and the members of the board of each state retirement system; each	46
employee of a state retirement board who is a state retirement	47
system investment officer licensed pursuant to section 1707.163 of	48
the Revised Code; the members of the Ohio retirement study council	49
appointed pursuant to division (C) of section 171.01 of the	50
Revised Code; employees of the Ohio retirement study council,	51
other than employees who perform purely administrative or clerical	52
functions; the administrator of workers' compensation and each	53
member of the bureau of workers' compensation board of directors;	54
the bureau of workers' compensation director of investments; the	55
chief investment officer of the bureau of workers' compensation;	56
all members of the board of commissioners on grievances and	57
discipline of the supreme court and the ethics commission created	58
under section 102.05 of the Revised Code; every business manager,	59
treasurer, or superintendent of a city, local, exempted village,	60
joint vocational, or cooperative education school district or an	61
educational service center; every person who is elected to or is a	62
candidate for the office of member of a board of education of a	63
city, local, exempted village, joint vocational, or cooperative	64
education school district or of a governing board of an	65
educational service center that has a total student count of	66
twelve thousand or more as most recently determined by the	67
department of education pursuant to section 3317.03 of the Revised	68
Code; every person who is appointed to the board of education of a	69
municipal school district pursuant to division (B) or (F) of	70
section 3311.71 of the Revised Code; all members of the board of	71
directors of a sanitary district that is established under Chapter	72
6115. of the Revised Code and organized wholly for the purpose of	73
providing a water supply for domestic, municipal, and public use,	74
and that includes two municipal corporations in two counties;	75
every public official or employee who is paid a salary or wage in	76
accordance with schedule C of section 124.15 or schedule E-2 of	77
section 124.152 of the Revised Code; members of the board of	78
trustees and the executive director of the southern Ohio	79
agricultural and community development foundation; all members	80
appointed to the Ohio livestock care standards board under section	81
904.02 of the Revised Code; and every other public official or	82
employee who is designated by the appropriate ethics commission	83
pursuant to division (B) of this section.	84

The disclosure statement shall include all of the following:

(1) The name of the person filing the statement and each	86
member of the person's immediate family and all names under which	87
the person or members of the person's immediate family do	88
business;	89

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	90
and except as otherwise provided in section 102.022 of the Revised	91
Code, identification of every source of income, other than income	92
from a legislative agent identified in division (A)(2)(b) of this	93
section, received during the preceding calendar year, in the	94
person's own name or by any other person for the person's use or	95
benefit, by the person filing the statement, and a brief	96
description of the nature of the services for which the income was	97
received. If the person filing the statement is a member of the	98
general assembly, the statement shall identify the amount of every	99
source of income received in accordance with the following ranges	100
of amounts: zero or more, but less than one thousand dollars; one	101
thousand dollars or more, but less than ten thousand dollars; ten	102
thousand dollars or more, but less than twenty-five thousand	103
dollars; twenty-five thousand dollars or more, but less than fifty	104
thousand dollars; fifty thousand dollars or more, but less than	105
one hundred thousand dollars; and one hundred thousand dollars or	106
more. Division (A)(2)(a) of this section shall not be construed to	107
require a person filing the statement who derives income from a	108
business or profession to disclose the individual items of income	109
that constitute the gross income of that business or profession,	110
except for those individual items of income that are attributable	111
to the person's or, if the income is shared with the person, the	112
partner's, solicitation of services or goods or performance,	113
arrangement, or facilitation of services or provision of goods on	114
behalf of the business or profession of clients, including	115
corporate clients, who are legislative agents. A person who files	116
the statement under this section shall disclose the identity of	117
and the amount of income received from a person who the public	118
official or employee knows or has reason to know is doing or	119
seeking to do business of any kind with the public official's or	120
employee's agency.	121

(b) If the person filing the statement is a member of the	122
general assembly, the statement shall identify every source of	123
income and the amount of that income that was received from a	124
legislative agent during the preceding calendar year, in the	125
person's own name or by any other person for the person's use or	126
benefit, by the person filing the statement, and a brief	127
description of the nature of the services for which the income was	128
received. Division (A)(2)(b) of this section requires the	129
disclosure of clients of attorneys or persons licensed under	130
section 4732.12 of the Revised Code, or patients of persons	131
certified under section 4731.14 of the Revised Code, if those	132
clients or patients are legislative agents. Division (A)(2)(b) of	133
this section requires a person filing the statement who derives	134
income from a business or profession to disclose those individual	135
items of income that constitute the gross income of that business	136
or profession that are received from legislative agents.	137

(c) Except as otherwise provided in division (A)(2)(c) of	138
this section, division (A)(2)(a) of this section applies to	139
attorneys, physicians, and other persons who engage in the	140
practice of a profession and who, pursuant to a section of the	141
Revised Code, the common law of this state, a code of ethics	142
applicable to the profession, or otherwise, generally are required	143
not to reveal, disclose, or use confidences of clients, patients,	144
or other recipients of professional services except under	145
specified circumstances or generally are required to maintain	146
those types of confidences as privileged communications except	147
under specified circumstances. Division (A)(2)(a) of this section	148
does not require an attorney, physician, or other professional	149
subject to a confidentiality requirement as described in division	150
(A)(2)(c) of this section to disclose the name, other identity, or	151
address of a client, patient, or other recipient of professional	152
services if the disclosure would threaten the client, patient, or	153
other recipient of professional services, would reveal details of	154
the subject matter for which legal, medical, or professional	155
advice or other services were sought, or would reveal an otherwise	156
privileged communication involving the client, patient, or other	157
recipient of professional services. Division (A)(2)(a) of this	158
section does not require an attorney, physician, or other	159
professional subject to a confidentiality requirement as described	160
in division (A)(2)(c) of this section to disclose in the brief	161
description of the nature of services required by division	162
(A)(2)(a) of this section any information pertaining to specific	163
professional services rendered for a client, patient, or other	164
recipient of professional services that would reveal details of	165
the subject matter for which legal, medical, or professional	166
advice was sought or would reveal an otherwise privileged	167
communication involving the client, patient, or other recipient of	168
professional services.	169

(3) The name of every corporation on file with the secretary	170
of state that is incorporated in this state or holds a certificate	171
of compliance authorizing it to do business in this state, trust,	172
business trust, partnership, or association that transacts	173
business in this state in which the person filing the statement or	174
any other person for the person's use and benefit had during the	175
preceding calendar year an investment of over one thousand dollars	176
at fair market value as of the thirty-first day of December of the	177
preceding calendar year, or the date of disposition, whichever is	178
earlier, or in which the person holds any office or has a	179
fiduciary relationship, and a description of the nature of the	180
investment, office, or relationship. Division (A)(3) of this	181
section does not require disclosure of the name of any bank,	182
savings and loan association, credit union, or building and loan	183
association with which the person filing the statement has a	184
deposit or a withdrawable share account.	185

(4) All fee simple and leasehold interests to which the	186
person filing the statement holds legal title to or a beneficial	187
interest in real property located within the state, excluding the	188
person's residence and property used primarily for personal	189
recreation;	190

(5) The names of all persons residing or transacting business	191
in the state to whom the person filing the statement owes, in the	192
person's own name or in the name of any other person, more than	193
one thousand dollars. Division (A)(5) of this section shall not be	194
construed to require the disclosure of debts owed by the person	195
resulting from the ordinary conduct of a business or profession or	196
debts on the person's residence or real property used primarily	197
for personal recreation, except that the superintendent of	198
financial institutions shall disclose the names of all	199
state-chartered savings and loan associations and of all service	200
corporations subject to regulation under division (E)(2) of	201
section 1151.34 of the Revised Code to whom the superintendent in	202
the superintendent's own name or in the name of any other person	203
owes any money, and that the superintendent and any deputy	204
superintendent of banks shall disclose the names of all	205
state-chartered banks and all bank subsidiary corporations subject	206
to regulation under section 1109.44 of the Revised Code to whom	207
the superintendent or deputy superintendent owes any money.	208

(6) The names of all persons residing or transacting business	209
in the state, other than a depository excluded under division	210
(A)(3) of this section, who owe more than one thousand dollars to	211
the person filing the statement, either in the person's own name	212
or to any person for the person's use or benefit. Division (A)(6)	213
of this section shall not be construed to require the disclosure	214
of clients of attorneys or persons licensed under section 4732.12	215
~~or 4732.15~~ of the Revised Code, or patients of persons certified	216
under section 4731.14 of the Revised Code, nor the disclosure of	217
debts owed to the person resulting from the ordinary conduct of a	218
business or profession.	219

(7) Except as otherwise provided in section 102.022 of the	220
Revised Code, the source of each gift of over seventy-five	221
dollars, or of each gift of over twenty-five dollars received by a	222
member of the general assembly from a legislative agent, received	223
by the person in the person's own name or by any other person for	224
the person's use or benefit during the preceding calendar year,	225
except gifts received by will or by virtue of section 2105.06 of	226
the Revised Code, or received from spouses, parents, grandparents,	227
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	228
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	229
fathers-in-law, mothers-in-law, or any person to whom the person	230
filing the statement stands in loco parentis, or received by way	231
of distribution from any inter vivos or testamentary trust	232
established by a spouse or by an ancestor;	233

(8) Except as otherwise provided in section 102.022 of the	234
Revised Code, identification of the source and amount of every	235
payment of expenses incurred for travel to destinations inside or	236
outside this state that is received by the person in the person's	237
own name or by any other person for the person's use or benefit	238
and that is incurred in connection with the person's official	239
duties, except for expenses for travel to meetings or conventions	240
of a national or state organization to which any state agency,	241
including, but not limited to, any legislative agency or state	242
institution of higher education as defined in section 3345.011 of	243
the Revised Code, pays membership dues, or any political	244
subdivision or any office or agency of a political subdivision	245
pays membership dues;	246

(9) Except as otherwise provided in section 102.022 of the	247
Revised Code, identification of the source of payment of expenses	248
for meals and other food and beverages, other than for meals and	249
other food and beverages provided at a meeting at which the person	250
participated in a panel, seminar, or speaking engagement or at a	251
meeting or convention of a national or state organization to which	252
any state agency, including, but not limited to, any legislative	253
agency or state institution of higher education as defined in	254
section 3345.011 of the Revised Code, pays membership dues, or any	255
political subdivision or any office or agency of a political	256
subdivision pays membership dues, that are incurred in connection	257
with the person's official duties and that exceed one hundred	258
dollars aggregated per calendar year;	259

(10) If the disclosure statement is filed by a public	260
official or employee described in division (B)(2) of section	261
101.73 of the Revised Code or division (B)(2) of section 121.63 of	262
the Revised Code who receives a statement from a legislative	263
agent, executive agency lobbyist, or employer that contains the	264
information described in division (F)(2) of section 101.73 of the	265
Revised Code or division (G)(2) of section 121.63 of the Revised	266
Code, all of the nondisputed information contained in the	267
statement delivered to that public official or employee by the	268
legislative agent, executive agency lobbyist, or employer under	269
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	270
the Revised Code.	271

A person may file a statement required by this section in	272
person, by mail, or by electronic means. A person who is a	273
candidate for elective office shall file the statement no later	274
than the thirtieth day before the primary, special, or general	275
election at which the candidacy is to be voted on, whichever	276
election occurs soonest, except that a person who is a write-in	277
candidate shall file the statement no later than the twentieth day	278
before the earliest election at which the person's candidacy is to	279
be voted on. A person who holds elective office shall file the	280
statement on or before the fifteenth day of April of each year	281
unless the person is a candidate for office. A person who is	282
appointed to fill a vacancy for an unexpired term in an elective	283
office shall file the statement within fifteen days after the	284
person qualifies for office. Other persons shall file an annual	285
statement on or before the fifteenth day of April or, if appointed	286
or employed after that date, within ninety days after appointment	287
or employment. No person shall be required to file with the	288
appropriate ethics commission more than one statement or pay more	289
than one filing fee for any one calendar year.	290

The appropriate ethics commission, for good cause, may extend	291
for a reasonable time the deadline for filing a statement under	292
this section.	293

A statement filed under this section is subject to public	294
inspection at locations designated by the appropriate ethics	295
commission except as otherwise provided in this section.	296

(B) The Ohio ethics commission, the joint legislative ethics	297
committee, and the board of commissioners on grievances and	298
discipline of the supreme court, using the rule-making procedures	299
of Chapter 119. of the Revised Code, may require any class of	300
public officials or employees under its jurisdiction and not	301
specifically excluded by this section whose positions involve a	302
substantial and material exercise of administrative discretion in	303
the formulation of public policy, expenditure of public funds,	304
enforcement of laws and rules of the state or a county or city, or	305
the execution of other public trusts, to file an annual statement	306
on or before the fifteenth day of April under division (A) of this	307
section. The appropriate ethics commission shall send the public	308
officials or employees written notice of the requirement by the	309
fifteenth day of February of each year the filing is required	310
unless the public official or employee is appointed after that	311
date, in which case the notice shall be sent within thirty days	312
after appointment, and the filing shall be made not later than	313
ninety days after appointment.	314

Except for disclosure statements filed by members of the	315
board of trustees and the executive director of the southern Ohio	316
agricultural and community development foundation, disclosure	317
statements filed under this division with the Ohio ethics	318
commission by members of boards, commissions, or bureaus of the	319
state for which no compensation is received other than reasonable	320
and necessary expenses shall be kept confidential. Disclosure	321
statements filed with the Ohio ethics commission under division	322
(A) of this section by business managers, treasurers, and	323
superintendents of city, local, exempted village, joint	324
vocational, or cooperative education school districts or	325
educational service centers shall be kept confidential, except	326
that any person conducting an audit of any such school district or	327
educational service center pursuant to section 115.56 or Chapter	328
117. of the Revised Code may examine the disclosure statement of	329
any business manager, treasurer, or superintendent of that school	330
district or educational service center. Disclosure statements	331
filed with the Ohio ethics commission under division (A) of this	332
section by the individuals set forth in division (B)(2) of section	333
187.03 of the Revised Code shall be kept confidential. The Ohio	334
ethics commission shall examine each disclosure statement required	335
to be kept confidential to determine whether a potential conflict	336
of interest exists for the person who filed the disclosure	337
statement. A potential conflict of interest exists if the private	338
interests of the person, as indicated by the person's disclosure	339
statement, might interfere with the public interests the person is	340
required to serve in the exercise of the person's authority and	341
duties in the person's office or position of employment. If the	342
commission determines that a potential conflict of interest	343
exists, it shall notify the person who filed the disclosure	344
statement and shall make the portions of the disclosure statement	345
that indicate a potential conflict of interest subject to public	346
inspection in the same manner as is provided for other disclosure	347
statements. Any portion of the disclosure statement that the	348
commission determines does not indicate a potential conflict of	349
interest shall be kept confidential by the commission and shall	350
not be made subject to public inspection, except as is necessary	351
for the enforcement of Chapters 102. and 2921. of the Revised Code	352
and except as otherwise provided in this division.	353

(C) No person shall knowingly fail to file, on or before the	354
applicable filing deadline established under this section, a	355
statement that is required by this section.	356

(D) No person shall knowingly file a false statement that is	357
required to be filed under this section.	358

(E)(1) Except as provided in divisions (E)(2) and (3) of this	359
section, the statement required by division (A) or (B) of this	360
section shall be accompanied by a filing fee of sixty dollars.	361

(2) The statement required by division (A) of this section	362
shall be accompanied by the following filing fee to be paid by the	363
person who is elected or appointed to, or is a candidate for, any	364
of the following offices:	365

For state office, except member of the		366
state board of education	$95	367
For office of member of general assembly	$40	368
For county office	$60	369
For city office	$35	370
For office of member of the state board		371
of education	$35	372
For office of member of a city, local,		373
exempted village, or cooperative		374
education board of		375
education or educational service		376
center governing board	$30	377
For position of business manager,		378
treasurer, or superintendent of a		379
city, local, exempted village, joint		380
vocational, or cooperative education		381
school district or		382
educational service center	$30	383

(3) No judge of a court of record or candidate for judge of a	384
court of record, and no referee or magistrate serving a court of	385
record, shall be required to pay the fee required under division	386
(E)(1) or (2) or (F) of this section.	387

(4) For any public official who is appointed to a nonelective	388
office of the state and for any employee who holds a nonelective	389
position in a public agency of the state, the state agency that is	390
the primary employer of the state official or employee shall pay	391
the fee required under division (E)(1) or (F) of this section.	392

(F) If a statement required to be filed under this section is	393
not filed by the date on which it is required to be filed, the	394
appropriate ethics commission shall assess the person required to	395
file the statement a late filing fee of ten dollars for each day	396
the statement is not filed, except that the total amount of the	397
late filing fee shall not exceed two hundred fifty dollars.	398

(G)(1) The appropriate ethics commission other than the Ohio	399
ethics commission and the joint legislative ethics committee shall	400
deposit all fees it receives under divisions (E) and (F) of this	401
section into the general revenue fund of the state.	402

(2) The Ohio ethics commission shall deposit all receipts,	403
including, but not limited to, fees it receives under divisions	404
(E) and (F) of this section, investigative or other fees, costs,	405
or other funds it receives as a result of court orders, and all	406
moneys it receives from settlements under division (G) of section	407
102.06 of the Revised Code, into the Ohio ethics commission fund,	408
which is hereby created in the state treasury. All moneys credited	409
to the fund shall be used solely for expenses related to the	410
operation and statutory functions of the commission.	411

(3) The joint legislative ethics committee shall deposit all	412
receipts it receives from the payment of financial disclosure	413
statement filing fees under divisions (E) and (F) of this section	414
into the joint legislative ethics committee investigative fund.	415

(H) Division (A) of this section does not apply to a person	416
elected or appointed to the office of precinct, ward, or district	417
committee member under Chapter 3517. of the Revised Code; a	418
presidential elector; a delegate to a national convention; village	419
or township officials and employees; any physician or psychiatrist	420
who is paid a salary or wage in accordance with schedule C of	421
section 124.15 or schedule E-2 of section 124.152 of the Revised	422
Code and whose primary duties do not require the exercise of	423
administrative discretion; or any member of a board, commission,	424
or bureau of any county or city who receives less than one	425
thousand dollars per year for serving in that position.	426

Sec. 102.022. Each person who is an officer or employee of a	427
political subdivision, who receives compensation of less than	428
sixteen thousand dollars a year for holding an office or position	429
of employment with that political subdivision, and who is required	430
to file a statement under section 102.02 of the Revised Code; each	431
member of the board of trustees of a state institution of higher	432
education as defined in section 3345.011 of the Revised Code who	433
is required to file a statement under section 102.02 of the	434
Revised Code; and each individual set forth in division (B)(2) of	435
section 187.03 of the Revised Code who is required to file a	436
statement under section 102.02 of the Revised Code, shall include	437
in that statement, in place of the information required by	438
divisions (A)(2), (7), (8), and (9) of that section, the following	439
information:	440

(A) Exclusive of reasonable expenses, identification of every	441
source of income over five hundred dollars received during the	442
preceding calendar year, in the officer's or employee's own name	443
or by any other person for the officer's or employee's use or	444
benefit, by the person filing the statement, and a brief	445
description of the nature of the services for which the income was	446
received. This division shall not be construed to require the	447
disclosure of clients of attorneys or persons licensed under	448
section 4732.12 ~~or 4732.15~~ of the Revised Code or patients of	449
persons certified under section 4731.14 of the Revised Code. This	450
division shall not be construed to require a person filing the	451
statement who derives income from a business or profession to	452
disclose the individual items of income that constitute the gross	453
income of the business or profession.	454

(B) The source of each gift of over five hundred dollars	455
received by the person in the officer's or employee's own name or	456
by any other person for the officer's or employee's use or benefit	457
during the preceding calendar year, except gifts received by will	458
or by virtue of section 2105.06 of the Revised Code, received from	459
parents, grandparents, children, grandchildren, siblings, nephews,	460
nieces, uncles, aunts, brothers-in-law, sisters-in-law,	461
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or	462
any person to whom the person filing the statement stands in loco	463
parentis, or received by way of distribution from any inter vivos	464
or testamentary trust established by a spouse or by an ancestor.	465

Sec. 102.03. (A)(1) No present or former public official or	466
employee shall, during public employment or service or for twelve	467
months thereafter, represent a client or act in a representative	468
capacity for any person on any matter in which the public official	469
or employee personally participated as a public official or	470
employee through decision, approval, disapproval, recommendation,	471
the rendering of advice, investigation, or other substantial	472
exercise of administrative discretion.	473

(2) For twenty-four months after the conclusion of service,	474
no former commissioner or attorney examiner of the public	475
utilities commission shall represent a public utility, as defined	476
in section 4905.02 of the Revised Code, or act in a representative	477
capacity on behalf of such a utility before any state board,	478
commission, or agency.	479

(3) For twenty-four months after the conclusion of employment	480
or service, no former public official or employee who personally	481
participated as a public official or employee through decision,	482
approval, disapproval, recommendation, the rendering of advice,	483
the development or adoption of solid waste management plans,	484
investigation, inspection, or other substantial exercise of	485
administrative discretion under Chapter 343. or 3734. of the	486
Revised Code shall represent a person who is the owner or operator	487
of a facility, as defined in section 3734.01 of the Revised Code,	488
or who is an applicant for a permit or license for a facility	489
under that chapter, on any matter in which the public official or	490
employee personally participated as a public official or employee.	491

(4) For a period of one year after the conclusion of	492
employment or service as a member or employee of the general	493
assembly, no former member or employee of the general assembly	494
shall represent, or act in a representative capacity for, any	495
person on any matter before the general assembly, any committee of	496
the general assembly, or the controlling board. Division (A)(4) of	497
this section does not apply to or affect a person who separates	498
from service with the general assembly on or before December 31,	499
1995. As used in division (A)(4) of this section "person" does not	500
include any state agency or political subdivision of the state.	501

(5) As used in divisions (A)(1), (2), and (3) of this	502
section, "matter" includes any case, proceeding, application,	503
determination, issue, or question, but does not include the	504
proposal, consideration, or enactment of statutes, rules,	505
ordinances, resolutions, or charter or constitutional amendments.	506
As used in division (A)(4) of this section, "matter" includes the	507
proposal, consideration, or enactment of statutes, resolutions, or	508
constitutional amendments. As used in division (A) of this	509
section, "represent" includes any formal or informal appearance	510
before, or any written or oral communication with, any public	511
agency on behalf of any person.	512

(6) Nothing contained in division (A) of this section shall	513
prohibit, during such period, a former public official or employee	514
from being retained or employed to represent, assist, or act in a	515
representative capacity for the public agency by which the public	516
official or employee was employed or on which the public official	517
or employee served.	518

(7) Division (A) of this section shall not be construed to	519
prohibit the performance of ministerial functions, including, but	520
not limited to, the filing or amendment of tax returns,	521
applications for permits and licenses, incorporation papers, and	522
other similar documents.	523

(8) Division (A) of this section does not prohibit a	524
nonelected public official or employee of a state agency, as	525
defined in section 1.60 of the Revised Code, from becoming a	526
public official or employee of another state agency. Division (A)	527
of this section does not prohibit such an official or employee	528
from representing or acting in a representative capacity for the	529
official's or employee's new state agency on any matter in which	530
the public official or employee personally participated as a	531
public official or employee at the official's or employee's former	532
state agency. However, no public official or employee of a state	533
agency shall, during public employment or for twelve months	534
thereafter, represent or act in a representative capacity for the	535
official's or employee's new state agency on any audit or	536
investigation pertaining to the official's or employee's new state	537
agency in which the public official or employee personally	538
participated at the official's or employee's former state agency	539
through decision, approval, disapproval, recommendation, the	540
rendering of advice, investigation, or other substantial exercise	541
of administrative discretion.	542

(9) Division (A) of this section does not prohibit a	543
nonelected public official or employee of a political subdivision	544
from becoming a public official or employee of a different	545
department, division, agency, office, or unit of the same	546
political subdivision. Division (A) of this section does not	547
prohibit such an official or employee from representing or acting	548
in a representative capacity for the official's or employee's new	549
department, division, agency, office, or unit on any matter in	550
which the public official or employee personally participated as a	551
public official or employee at the official's or employee's former	552
department, division, agency, office, or unit of the same	553
political subdivision. As used in this division, "political	554
subdivision" means a county, township, municipal corporation, or	555
any other body corporate and politic that is responsible for	556
government activities in a geographic area smaller than that of	557
the state.	558

(10) No present or former Ohio casino control commission	559
official shall, during public service or for two years thereafter,	560
represent a client, be employed or compensated by a person	561
regulated by the commission, or act in a representative capacity	562
for any person on any matter before or concerning the commission.	563

No present or former commission employee shall, during public	564
employment or for two years thereafter, represent a client or act	565
in a representative capacity on any matter in which the employee	566
personally participated as a commission employee through decision,	567
approval, disapproval, recommendation, the rendering of advice,	568
investigation, or other substantial exercise of administrative	569
discretion.	570

(B) No present or former public official or employee shall	571
disclose or use, without appropriate authorization, any	572
information acquired by the public official or employee in the	573
course of the public official's or employee's official duties that	574
is confidential because of statutory provisions, or that has been	575
clearly designated to the public official or employee as	576
confidential when that confidential designation is warranted	577
because of the status of the proceedings or the circumstances	578
under which the information was received and preserving its	579
confidentiality is necessary to the proper conduct of government	580
business.	581

(C) No public official or employee shall participate within	582
the scope of duties as a public official or employee, except	583
through ministerial functions as defined in division (A) of this	584
section, in any license or rate-making proceeding that directly	585
affects the license or rates of any person, partnership, trust,	586
business trust, corporation, or association in which the public	587
official or employee or immediate family owns or controls more	588
than five per cent. No public official or employee shall	589
participate within the scope of duties as a public official or	590
employee, except through ministerial functions as defined in	591
division (A) of this section, in any license or rate-making	592
proceeding that directly affects the license or rates of any	593
person to whom the public official or employee or immediate	594
family, or a partnership, trust, business trust, corporation, or	595
association of which the public official or employee or the public	596
official's or employee's immediate family owns or controls more	597
than five per cent, has sold goods or services totaling more than	598
one thousand dollars during the preceding year, unless the public	599
official or employee has filed a written statement acknowledging	600
that sale with the clerk or secretary of the public agency and the	601
statement is entered in any public record of the agency's	602
proceedings. This division shall not be construed to require the	603
disclosure of clients of attorneys or persons licensed under	604
section 4732.12 ~~or 4732.15~~ of the Revised Code, or patients of	605
persons certified under section 4731.14 of the Revised Code.	606

(D) No public official or employee shall use or authorize the	607
use of the authority or influence of office or employment to	608
secure anything of value or the promise or offer of anything of	609
value that is of such a character as to manifest a substantial and	610
improper influence upon the public official or employee with	611
respect to that person's duties.	612

(E) No public official or employee shall solicit or accept	613
anything of value that is of such a character as to manifest a	614
substantial and improper influence upon the public official or	615
employee with respect to that person's duties.	616

(F) No person shall promise or give to a public official or	617
employee anything of value that is of such a character as to	618
manifest a substantial and improper influence upon the public	619
official or employee with respect to that person's duties.	620

(G) In the absence of bribery or another offense under the	621
Revised Code or a purpose to defraud, contributions made to a	622
campaign committee, political party, legislative campaign fund,	623
political action committee, or political contributing entity on	624
behalf of an elected public officer or other public official or	625
employee who seeks elective office shall be considered to accrue	626
ordinarily to the public official or employee for the purposes of	627
divisions (D), (E), and (F) of this section.	628

As used in this division, "contributions," "campaign	629
committee," "political party," "legislative campaign fund,"	630
"political action committee," and "political contributing entity"	631
have the same meanings as in section 3517.01 of the Revised Code.	632

(H)(1) No public official or employee, except for the	633
president or other chief administrative officer of or a member of	634
a board of trustees of a state institution of higher education as	635
defined in section 3345.011 of the Revised Code, who is required	636
to file a financial disclosure statement under section 102.02 of	637
the Revised Code shall solicit or accept, and no person shall give	638
to that public official or employee, an honorarium. Except as	639
provided in division (H)(2) of this section, this division and	640
divisions (D), (E), and (F) of this section do not prohibit a	641
public official or employee who is required to file a financial	642
disclosure statement under section 102.02 of the Revised Code from	643
accepting and do not prohibit a person from giving to that public	644
official or employee the payment of actual travel expenses,	645
including any expenses incurred in connection with the travel for	646
lodging, and meals, food, and beverages provided to the public	647
official or employee at a meeting at which the public official or	648
employee participates in a panel, seminar, or speaking engagement	649
or provided to the public official or employee at a meeting or	650
convention of a national organization to which any state agency,	651
including, but not limited to, any state legislative agency or	652
state institution of higher education as defined in section	653
3345.011 of the Revised Code, pays membership dues. Except as	654
provided in division (H)(2) of this section, this division and	655
divisions (D), (E), and (F) of this section do not prohibit a	656
public official or employee who is not required to file a	657
financial disclosure statement under section 102.02 of the Revised	658
Code from accepting and do not prohibit a person from promising or	659
giving to that public official or employee an honorarium or the	660
payment of travel, meal, and lodging expenses if the honorarium,	661
expenses, or both were paid in recognition of demonstrable	662
business, professional, or esthetic interests of the public	663
official or employee that exist apart from public office or	664
employment, including, but not limited to, such a demonstrable	665
interest in public speaking and were not paid by any person or	666
other entity, or by any representative or association of those	667
persons or entities, that is regulated by, doing business with, or	668
seeking to do business with the department, division, institution,	669
board, commission, authority, bureau, or other instrumentality of	670
the governmental entity with which the public official or employee	671
serves.	672

(2) No person who is a member of the board of a state	673
retirement system, a state retirement system investment officer,	674
or an employee of a state retirement system whose position	675
involves substantial and material exercise of discretion in the	676
investment of retirement system funds shall solicit or accept, and	677
no person shall give to that board member, officer, or employee,	678
payment of actual travel expenses, including expenses incurred	679
with the travel for lodging, meals, food, and beverages.	680

(I) A public official or employee may accept travel, meals,	681
and lodging or expenses or reimbursement of expenses for travel,	682
meals, and lodging in connection with conferences, seminars, and	683
similar events related to official duties if the travel, meals,	684
and lodging, expenses, or reimbursement is not of such a character	685
as to manifest a substantial and improper influence upon the	686
public official or employee with respect to that person's duties.	687
The house of representatives and senate, in their code of ethics,	688
and the Ohio ethics commission, under section 111.15 of the	689
Revised Code, may adopt rules setting standards and conditions for	690
the furnishing and acceptance of such travel, meals, and lodging,	691
expenses, or reimbursement.	692

A person who acts in compliance with this division and any	693
applicable rules adopted under it, or any applicable, similar	694
rules adopted by the supreme court governing judicial officers and	695
employees, does not violate division (D), (E), or (F) of this	696
section. This division does not preclude any person from seeking	697
an advisory opinion from the appropriate ethics commission under	698
section 102.08 of the Revised Code.	699

(J) For purposes of divisions (D), (E), and (F) of this	700
section, the membership of a public official or employee in an	701
organization shall not be considered, in and of itself, to be of	702
such a character as to manifest a substantial and improper	703
influence on the public official or employee with respect to that	704
person's duties. As used in this division, "organization" means a	705
church or a religious, benevolent, fraternal, or professional	706
organization that is tax exempt under subsection 501(a) and	707
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	708
"Internal Revenue Code of 1986." This division does not apply to a	709
public official or employee who is an employee of an organization,	710
serves as a trustee, director, or officer of an organization, or	711
otherwise holds a fiduciary relationship with an organization.	712
This division does not allow a public official or employee who is	713
a member of an organization to participate, formally or	714
informally, in deliberations, discussions, or voting on a matter	715
or to use the public official's or employee's official position	716
with regard to the interests of the organization on the matter if	717
the public official or employee has assumed a particular	718
responsibility in the organization with respect to the matter or	719
if the matter would affect that person's personal, pecuniary	720
interests.	721

(K) It is not a violation of this section for a prosecuting	722
attorney to appoint assistants and employees in accordance with	723
division (B) of section 309.06 and section 2921.421 of the Revised	724
Code, for a chief legal officer of a municipal corporation or an	725
official designated as prosecutor in a municipal corporation to	726
appoint assistants and employees in accordance with sections	727
733.621 and 2921.421 of the Revised Code, for a township law	728
director appointed under section 504.15 of the Revised Code to	729
appoint assistants and employees in accordance with sections	730
504.151 and 2921.421 of the Revised Code, or for a coroner to	731
appoint assistants and employees in accordance with division (B)	732
of section 313.05 of the Revised Code.	733

As used in this division, "chief legal officer" has the same	734
meaning as in section 733.621 of the Revised Code.	735

(L) No present public official or employee with a casino	736
gaming regulatory function shall indirectly invest, by way of an	737
entity the public official or employee has an ownership interest	738
or control in, or directly invest in a casino operator, management	739
company, holding company, casino facility, or gaming-related	740
vendor. No present public official or employee with a casino	741
gaming regulatory function shall directly or indirectly have a	742
financial interest in, have an ownership interest in, be the	743
creditor or hold a debt instrument issued by, or have an interest	744
in a contractual or service relationship with a casino operator,	745
management company, holding company, casino facility, or	746
gaming-related vendor. This section does not prohibit or limit	747
permitted passive investing by the public official or employee.	748

As used in this division, "passive investing" means	749
investment by the public official or employee by means of a mutual	750
fund in which the public official or employee has no control of	751
the investments or investment decisions. "Casino operator,"	752
"holding company," "management company," "casino facility," and	753
"gaming-related vendor" have the same meanings as in section	754
3772.01 of the Revised Code.	755

(M) A member of the Ohio casino control commission, the	756
executive director of the commission, or an employee of the	757
commission shall not:	758

(1) Accept anything of value, including but not limited to a	759
gift, gratuity, emolument, or employment from a casino operator,	760
management company, or other person subject to the jurisdiction of	761
the commission, or from an officer, attorney, agent, or employee	762
of a casino operator, management company, or other person subject	763
to the jurisdiction of the commission;	764

(2) Solicit, suggest, request, or recommend, directly or	765
indirectly, to a casino operator, management company, or other	766
person subject to the jurisdiction of the commission, or to an	767
officer, attorney, agent, or employee of a casino operator,	768
management company, or other person subject to the jurisdiction of	769
the commission, the appointment of a person to an office, place,	770
position, or employment;	771

(3) Participate in casino gaming or any other amusement or	772
activity at a casino facility in this state or at an affiliate	773
gaming facility of a licensed casino operator, wherever located.	774

In addition to the penalty provided in section 102.99 of the	775
Revised Code, whoever violates division (M)(1), (2), or (3) of	776
this section forfeits the individual's office or employment.	777

Sec. 2152.54. (A) An evaluation of a child who does not	778
appear to the court to be a person who is at least moderately	779
intellectually disabled shall be made by an evaluator who is one	780
of the following:	781

(1) A professional employed by a psychiatric facility or	782
center certified by the department of mental health and addiction	783
services to provide forensic services and appointed by the	784
director of the facility or center to conduct the evaluation;	785

(2) A psychiatrist or a licensed clinical psychologist who	786
satisfies the criteria of division (I)~~(1)~~ of section 5122.01 of	787
the Revised Code and has specialized education, training, or	788
experience in forensic evaluations of children or adolescents.	789

(B) An evaluation of a child who appears to the court to be a	790
person who is at least moderately intellectually disabled shall be	791
made by a psychiatrist or licensed clinical psychologist who	792
satisfies the criteria of division (I)~~(1)~~ of section 5122.01 of	793
the Revised Code and has specialized education, training, or	794
experience in forensic evaluations of children or adolescents who	795
have intellectual disability.	796

(C) If an evaluation is conducted by an evaluator of the type	797
described in division (A)(1) or (2) of this section and the	798
evaluator concludes that the child is a person who is at least	799
moderately intellectually disabled, the evaluator shall	800
discontinue the evaluation and notify the court within one	801
business day after reaching the conclusion. Within two business	802
days after receiving notification, the court shall order the child	803
to undergo an evaluation by an evaluator of the type described in	804
division (B) of this section. Within two business days after the	805
appointment of the new evaluator, the original evaluator shall	806
deliver to the new evaluator all information relating to the child	807
obtained during the original evaluation.	808

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	809
violation of section 2919.27 of the Revised Code or of a municipal	810
ordinance that is substantially similar to that section, the court	811
may order an evaluation of the mental condition of the defendant	812
if the court determines that either of the following criteria	813
apply:	814

(i) If the alleged violation is a violation of a protection	815
order issued or consent agreement approved pursuant to section	816
2919.26 or 3113.31 of the Revised Code, that the violation	817
allegedly involves conduct by the defendant that caused physical	818
harm to the person or property of a family or household member	819
covered by the order or agreement, or conduct by the defendant	820
that caused a family or household member to believe that the	821
defendant would cause physical harm to that member or that	822
member's property.	823

(ii) If the alleged violation is a violation of a protection	824
order issued pursuant to section 2903.213 or 2903.214 of the	825
Revised Code or a protection order issued by a court of another	826
state, that the violation allegedly involves conduct by the	827
defendant that caused physical harm to the person or property of	828
the person covered by the order, or conduct by the defendant that	829
caused the person covered by the order to believe that the	830
defendant would cause physical harm to that person or that	831
person's property.	832

(b) If a defendant is charged with a violation of section	833
2903.211 of the Revised Code or of a municipal ordinance that is	834
substantially similar to that section, the court may order an	835
evaluation of the mental condition of the defendant.	836

(2) An evaluation ordered under division (A)(1) of this	837
section shall be completed no later than thirty days from the date	838
the order is entered pursuant to that division. In that order, the	839
court shall do either of the following:	840

(a) Order that the evaluation of the mental condition of the	841
defendant be preceded by an examination conducted either by a	842
forensic center that is designated by the department of mental	843
health and addiction services to conduct examinations and make	844
evaluations of defendants charged with violations of section	845
2903.211 or 2919.27 of the Revised Code or of substantially	846
similar municipal ordinances in the area in which the court is	847
located, or by any other program or facility that is designated by	848
the department of mental health and addiction services or the	849
department of developmental disabilities to conduct examinations	850
and make evaluations of defendants charged with violations of	851
section 2903.211 or 2919.27 of the Revised Code or of	852
substantially similar municipal ordinances, and that is operated	853
by either department or is certified by either department as being	854
in compliance with the standards established under division (B)(7)	855
of section 5119.10 of the Revised Code or division (C) of section	856
5123.04 of the Revised Code.	857

(b) Designate a center, program, or facility other than one	858
designated by the department of mental health and addiction	859
services or the department of developmental disabilities, as	860
described in division (A)(2)(a) of this section, to conduct the	861
evaluation and preceding examination of the mental condition of	862
the defendant.	863

Whether the court acts pursuant to division (A)(2)(a) or (b)	864
of this section, the court may designate examiners other than the	865
personnel of the center, program, facility, or department involved	866
to make the evaluation and preceding examination of the mental	867
condition of the defendant.	868

(B) If the court considers that additional evaluations of the	869
mental condition of a defendant are necessary following the	870
evaluation authorized by division (A) of this section, the court	871
may order up to two additional similar evaluations. These	872
evaluations shall be completed no later than thirty days from the	873
date the applicable court order is entered. If more than one	874
evaluation of the mental condition of the defendant is ordered	875
under this division, the prosecutor and the defendant may	876
recommend to the court an examiner whom each prefers to perform	877
one of the evaluations and preceding examinations.	878

(C)(1) The court may order a defendant who has been released	879
on bail to submit to an examination under division (A) or (B) of	880
this section. The examination shall be conducted either at the	881
detention facility in which the defendant would have been confined	882
if the defendant had not been released on bail, or, if so	883
specified by the center, program, facility, or examiners involved,	884
at the premises of the center, program, or facility. Additionally,	885
the examination shall be conducted at the times established by the	886
examiners involved. If such a defendant refuses to submit to an	887
examination or a complete examination as required by the court or	888
the center, program, facility, or examiners involved, the court	889
may amend the conditions of the bail of the defendant and order	890
the sheriff to take the defendant into custody and deliver the	891
defendant to the detention facility in which the defendant would	892
have been confined if the defendant had not been released on bail,	893
or, if so specified by the center, program, facility, or examiners	894
involved, to the premises of the center, program, or facility, for	895
purposes of the examination.	896

(2) A defendant who has not been released on bail shall be	897
examined at the detention facility in which the defendant is	898
confined or, if so specified by the center, program, facility, or	899
examiners involved, at the premises of the center, program, or	900
facility.	901

(D) The examiner of the mental condition of a defendant under	902
division (A) or (B) of this section shall file a written report	903
with the court within thirty days after the entry of an order for	904
the evaluation of the mental condition of the defendant. The	905
report shall contain the findings of the examiner; the facts in	906
reasonable detail on which the findings are based; the opinion of	907
the examiner as to the mental condition of the defendant; the	908
opinion of the examiner as to whether the defendant represents a	909
substantial risk of physical harm to other persons as manifested	910
by evidence of recent homicidal or other violent behavior,	911
evidence of recent threats that placed other persons in reasonable	912
fear of violent behavior and serious physical harm, or evidence of	913
present dangerousness; and the opinion of the examiner as to the	914
types of treatment or counseling that the defendant needs. The	915
court shall provide copies of the report to the prosecutor and	916
defense counsel.	917

(E) The costs of any evaluation and preceding examination of	918
a defendant that is ordered pursuant to division (A) or (B) of	919
this section shall be taxed as court costs in the criminal case.	920

(F) If the examiner considers it necessary in order to make	921
an accurate evaluation of the mental condition of a defendant, an	922
examiner under division (A) or (B) of this section may request any	923
family or household member of the defendant to provide the	924
examiner with information. A family or household member may, but	925
is not required to, provide information to the examiner upon	926
receipt of the request.	927

(G) As used in this section:

928

(1) "Bail" includes a recognizance.

929

(2) "Examiner" means a psychiatrist, a licensed independent	930
social worker who is employed by a forensic center that is	931
certified as being in compliance with the standards established	932
under division (B)(7) of section 5119.10 or division (C) of	933
section 5123.04 of the Revised Code, a licensed professional	934
clinical counselor who is employed at a forensic center that is	935
certified as being in compliance with such standards, or a	936
licensed clinical psychologist, except that in order to be an	937
examiner, a licensed clinical psychologist shall meet the criteria	938
of division (I)~~(1)~~ of section 5122.01 of the Revised Code or be	939
employed to conduct examinations by the department of mental	940
health and addiction services or by a forensic center certified as	941
being in compliance with the standards established under division	942
(B)(7) of section 5119.10 or division (C) of section 5123.04 of	943
the Revised Code that is designated by the department of mental	944
health and addiction services.	945

(3) "Family or household member" has the same meaning as in	946
section 2919.25 of the Revised Code.	947

(4) "Prosecutor" has the same meaning as in section 2935.01	948
of the Revised Code.	949

(5) "Psychiatrist" and "licensed clinical psychologist" have	950
the same meanings as in section 5122.01 of the Revised Code.	951

(6) "Protection order issued by a court of another state" has	952
the same meaning as in section 2919.27 of the Revised Code.	953

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	954
the Revised Code:	955

(1) "Prosecutor" means a prosecuting attorney or a city	956
director of law, village solicitor, or similar chief legal officer	957
of a municipal corporation who has authority to prosecute a	958
criminal case that is before the court or the criminal case in	959
which a defendant in a criminal case has been found incompetent to	960
stand trial or not guilty by reason of insanity.	961

(2) "Examiner" means either of the following:

962

(a) A psychiatrist or a licensed clinical psychologist who	963
satisfies the criteria of division (I)~~(1)~~ of section 5122.01 of	964
the Revised Code or is employed by a certified forensic center	965
designated by the department of mental health and addiction	966
services to conduct examinations or evaluations.	967

(b) For purposes of a separate mental retardation evaluation	968
that is ordered by a court pursuant to division (H) of section	969
2945.371 of the Revised Code, a psychologist designated by the	970
director of developmental disabilities pursuant to that section to	971
conduct that separate mental retardation evaluation.	972

(3) "Nonsecured status" means any unsupervised, off-grounds	973
movement or trial visit from a hospital or institution, or any	974
conditional release, that is granted to a person who is found	975
incompetent to stand trial and is committed pursuant to section	976
2945.39 of the Revised Code or to a person who is found not guilty	977
by reason of insanity and is committed pursuant to section 2945.40	978
of the Revised Code.	979

(4) "Unsupervised, off-grounds movement" includes only	980
off-grounds privileges that are unsupervised and that have an	981
expectation of return to the hospital or institution on a daily	982
basis.	983

(5) "Trial visit" means a patient privilege of a longer	984
stated duration of unsupervised community contact with an	985
expectation of return to the hospital or institution at designated	986
times.	987

(6) "Conditional release" means a commitment status under	988
which the trial court at any time may revoke a person's	989
conditional release and order the rehospitalization or	990
reinstitutionalization of the person as described in division (A)	991
of section 2945.402 of the Revised Code and pursuant to which a	992
person who is found incompetent to stand trial or a person who is	993
found not guilty by reason of insanity lives and receives	994
treatment in the community for a period of time that does not	995
exceed the maximum prison term or term of imprisonment that the	996
person could have received for the offense in question had the	997
person been convicted of the offense instead of being found	998
incompetent to stand trial on the charge of the offense or being	999
found not guilty by reason of insanity relative to the offense.	1000

(7) "Licensed clinical psychologist," "mentally ill person	1001
subject to hospitalization by court order," and "psychiatrist"	1002
have the same meanings as in section 5122.01 of the Revised Code.	1003

(8) "Mentally retarded person subject to institutionalization	1004
by court order" has the same meaning as in section 5123.01 of the	1005
Revised Code.	1006

(B) In a criminal action in a court of common pleas, a county	1007
court, or a municipal court, the court, prosecutor, or defense may	1008
raise the issue of the defendant's competence to stand trial. If	1009
the issue is raised before the trial has commenced, the court	1010
shall hold a hearing on the issue as provided in this section. If	1011
the issue is raised after the trial has commenced, the court shall	1012
hold a hearing on the issue only for good cause shown or on the	1013
court's own motion.	1014

(C) The court shall conduct the hearing required or	1015
authorized under division (B) of this section within thirty days	1016
after the issue is raised, unless the defendant has been referred	1017
for evaluation in which case the court shall conduct the hearing	1018
within ten days after the filing of the report of the evaluation	1019
or, in the case of a defendant who is ordered by the court	1020
pursuant to division (H) of section 2945.371 of the Revised Code	1021
to undergo a separate mental retardation evaluation conducted by a	1022
psychologist designated by the director of developmental	1023
disabilities, within ten days after the filing of the report of	1024
the separate mental retardation evaluation under that division. A	1025
hearing may be continued for good cause.	1026

(D) The defendant shall be represented by counsel at the	1027
hearing conducted under division (C) of this section. If the	1028
defendant is unable to obtain counsel, the court shall appoint	1029
counsel under Chapter 120. of the Revised Code or under the	1030
authority recognized in division (C) of section 120.06, division	1031
(E) of section 120.16, division (E) of section 120.26, or section	1032
2941.51 of the Revised Code before proceeding with the hearing.	1033

(E) The prosecutor and defense counsel may submit evidence on	1034
the issue of the defendant's competence to stand trial. A written	1035
report of the evaluation of the defendant may be admitted into	1036
evidence at the hearing by stipulation, but, if either the	1037
prosecution or defense objects to its admission, the report may be	1038
admitted under sections 2317.36 to 2317.38 of the Revised Code or	1039
any other applicable statute or rule.	1040

(F) The court shall not find a defendant incompetent to stand	1041
trial solely because the defendant is receiving or has received	1042
treatment as a voluntary or involuntary mentally ill patient under	1043
Chapter 5122. or a voluntary or involuntary mentally retarded	1044
resident under Chapter 5123. of the Revised Code or because the	1045
defendant is receiving or has received psychotropic drugs or other	1046
medication, even if the defendant might become incompetent to	1047
stand trial without the drugs or medication.	1048

(G) A defendant is presumed to be competent to stand trial.	1049
If, after a hearing, the court finds by a preponderance of the	1050
evidence that, because of the defendant's present mental	1051
condition, the defendant is incapable of understanding the nature	1052
and objective of the proceedings against the defendant or of	1053
assisting in the defendant's defense, the court shall find the	1054
defendant incompetent to stand trial and shall enter an order	1055
authorized by section 2945.38 of the Revised Code.	1056

(H) Municipal courts shall follow the procedures set forth in	1057
sections 2945.37 to 2945.402 of the Revised Code. Except as	1058
provided in section 2945.371 of the Revised Code, a municipal	1059
court shall not order an evaluation of the defendant's competence	1060
to stand trial or the defendant's mental condition at the time of	1061
the commission of the offense to be conducted at any hospital	1062
operated by the department of mental health and addiction	1063
services. Those evaluations shall be performed through community	1064
resources including, but not limited to, certified forensic	1065
centers, court probation departments, and community mental health	1066
services providers. All expenses of the evaluations shall be borne	1067
by the legislative authority of the municipal court, as defined in	1068
section 1901.03 of the Revised Code, and shall be taxed as costs	1069
in the case. If a defendant is found incompetent to stand trial or	1070
not guilty by reason of insanity, a municipal court may commit the	1071
defendant as provided in sections 2945.38 to 2945.402 of the	1072
Revised Code.	1073

Sec. 4732.01. As used in ~~sections 4732.01 to 4732.25 of the~~	1074
~~Revised Code~~this chapter:	1075

(A) "Psychologist" means any person who holds self out to the	1076
public by any title or description of services incorporating the	1077
words "psychologic," "psychological," "psychologist,"	1078
"psychology," or any other terms that imply the person is trained,	1079
experienced, or an expert in the field of psychology.	1080

(B) "The practice of psychology" means rendering or offering	1081
to render to individuals, groups, organizations, or the public any	1082
service involving the application of psychological procedures to	1083
assessment, diagnosis, prevention, treatment, or amelioration of	1084
psychological problems or emotional or mental disorders of	1085
individuals or groups; or to the assessment or improvement of	1086
psychological adjustment or functioning of individuals or groups,	1087
whether or not there is a diagnosable pre-existing psychological	1088
problem. Practice of psychology includes the practice of school	1089
psychology. For purposes of this chapter, teaching or research	1090
shall not be regarded as the practice of psychology, even when	1091
dealing with psychological subject matter, provided it does not	1092
otherwise involve the professional practice of psychology in which	1093
~~patient or client~~an individual's welfare is directly affected by	1094
the application of psychological procedures.	1095

(C) "Psychological procedures" include but are not restricted	1096
to application of principles, methods, or procedures of	1097
understanding, predicting, or influencing behavior, such as the	1098
principles pertaining to learning, conditioning, perception,	1099
motivation, thinking, emotions, or interpersonal relationships;	1100
the methods or procedures of verbal interaction, interviewing,	1101
counseling, behavior modification, environmental manipulation,	1102
group process, psychological psychotherapy, or hypnosis; and the	1103
methods or procedures of administering or interpreting tests of	1104
mental abilities, aptitudes, interests, attitudes, personality	1105
characteristics, emotions, or motivation.	1106

(D) "School psychologist" means any person who holds self out	1107
to the public by any title or description of services	1108
incorporating the words "school psychologist" or "school	1109
psychology," or who holds self out to be trained, experienced, or	1110
an expert in the practice of school psychology.	1111

(E) "Practice of school psychology" means rendering or	1112
offering to render to individuals, groups, organizations, or the	1113
public any of the following services:	1114

(1) Evaluation, diagnosis, or test interpretation limited to	1115
assessment of intellectual ability, learning patterns,	1116
achievement, motivation, behavior, or personality factors directly	1117
related to learning problems ~~in an educational setting~~;	1118

(2) ~~Counseling~~Intervention services, including counseling,	1119
for children or adults for amelioration or prevention of	1120
educationally related learning problems, including emotional and	1121
behavioral aspects of such problems;	1122

(3) ~~Educational~~Psychological, educational, or vocational	1123
consultation or direct educational services. This does not include	1124
industrial consultation or counseling services to clients	1125
undergoing vocational rehabilitation.	1126

(F) "Licensed psychologist" means an individual holding a	1127
current, valid license to practice psychology issued under section	1128
4732.12 or 4732.15 of the Revised Code.	1129

(G) "~~Licensed school~~School psychologist licensed by the	1130
state board of psychology" means an individual holding a current,	1131
valid license to practice school psychology issued under section	1132
4732.12 or 4732.15 of the Revised Code.	1133

(H) "~~Certificated school~~School psychologist licensed by the	1134
state board of education" means an individual holding a current,	1135
valid school psychologist ~~certificate~~license issued under	1136
~~division (M) of~~rules adopted under section 3319.22 of the Revised	1137
Code.	1138

(I) "Mental health professional" and "mental health service"	1139
have the same meanings as in section 2305.51 of the Revised Code.	1140

(J) "Telepsychology" means the practice of psychology or	1141
school psychology by distance communication technology, including	1142
telephone, electronic mail, internet-based communications, and	1143
video conferencing.	1144

Sec. 4732.02. The governor, with the advice and consent of	1145
the senate, shall appoint a state board of psychology consisting	1146
of nine persons who are citizens of the United States and	1147
residents of this state. Three members shall be patient advocates	1148
who are not mental health professionals and who either are parents	1149
or other relatives of a person who has received or is receiving	1150
mental health services or are representatives of organizations	1151
that represent persons who have received or are receiving mental	1152
health services. At least one patient advocate member shall be a	1153
parent or other relative of a mental health service recipient, and	1154
at least one patient advocate member shall be a representative of	1155
an organization representing mental health service recipients.	1156
Each of the remaining members shall be a licensed psychologist or	1157
a ~~licensed~~ school psychologist licensed by the state board of	1158
psychology. ~~The terms of the licensed psychologist and licensed~~	1159
~~school psychologist members that are in effect on the effective~~	1160
~~date of this amendment shall continue as under the law in effect~~	1161
~~prior to~~ ~~the effective date of this amendment~~. Of the patient	1162
advocate members whose positions are created on ~~the effective date~~	1163
~~of this amendment~~, one shall replace the current member who is not	1164
a psychologist or other health professional at the end of that	1165
member's term, one shall be appointed for a term that ends on	1166
October 5, 2003, and one shall be appointed for a term that ends	1167
on October 5, 2006. Thereafter, termsTerms of office for all	1168
members shall be for five years, commencing on the sixth day of	1169
October and ending on the fifth day of October. Each member shall	1170
hold office from the date of appointment until the end of the term	1171
for which the member was appointed. Any member appointed to fill a	1172
vacancy occurring prior to the expiration of the term for which	1173
the member's predecessor was appointed shall hold office for the	1174
remainder of such term. Any member shall continue in office	1175
subsequent to the expiration date of the member's term until the	1176
member's successor takes office, or until a period of sixty days	1177
has elapsed, whichever occurs first. No person shall be appointed	1178
to more than two five-year terms in succession. The licensed	1179
psychologist and licensed school psychologist members of the board	1180
shall be so chosen that they represent the diverse fields of	1181
specialization and practice in the profession of psychology and	1182
the profession of school psychology. The governor may make such	1183
appointments from lists submitted annually by the Ohio	1184
psychological association ~~and by~~, the Ohio school psychologists	1185
association, and the Ohio association of black psychologists. A	1186
vacancy in an unexpired term shall be filled in the same manner as	1187
the original appointment.	1188

The governor may remove any member for malfeasance,	1189
misfeasance, or nonfeasance after a hearing in accordance with	1190
Chapter 119. of the Revised Code. The governor shall remove, after	1191
a hearing in accordance with Chapter 119. of the Revised Code, any	1192
member who has been convicted of or pleaded guilty to the	1193
commission of a felony offense under any law of this state,	1194
another state, or the United States. No person may be appointed to	1195
the board who has been convicted of or pleaded guilty to a felony	1196
offense under any law of this state, another state, or the United	1197
States.	1198

Sec. 4732.03. The state board of psychology shall organize	1199
within thirty days after its members have been appointed by the	1200
governor. The board shall elect a president and a secretary from	1201
its members to serve for terms of one year. The president and the	1202
secretary may administer oaths. A majority of the board	1203
constitutes a quorum. ~~The secretary shall be compensated for his~~	1204
~~necessary expenses incurred in the performance of his official~~	1205
~~duties.~~	1206

Sec. 4732.06. The principal office of the state board of	1207
psychology shall be in Columbus, but it may meet or conduct	1208
business at any place in this state. The board may empower any one	1209
or more of its members to conduct any proceeding, hearing, or	1210
investigation necessary to its purposes, including the	1211
administration and enforcement of Chapter 4783. of the Revised	1212
Code. The board shall meet at least twice annually and at such	1213
other times as it determines. Special meetings may be called by	1214
the president and shall be called by the secretary upon the	1215
written request of two members. The board shall not conduct	1216
business by teleconference except as provided in division (F)(1)	1217
of section 4732.17 of the Revised Code.	1218

The board shall make such rules as are necessary to conduct	1219
its business.	1220

The board ~~may~~shall employ ~~such~~an executive director,	1221
investigators, and administrative assistants ~~and clerical help~~ as	1222
are necessary to administer and enforce this chapter and Chapter	1223
4783. of the Revised Code.	1224

Sec. 4732.07. The state board of psychology shall keep a	1225
record of its proceedings and a register of applicants for	1226
licenses under this chapter and applicants for certificates under	1227
Chapter 4783. of the Revised Code. The books and records of the	1228
board shall be prima-facie evidence of the matters therein	1229
contained. ~~The records regarding licensure applications shall~~	1230
~~include applicants' written examination papers.~~	1231

Sec. 4732.09. Each person who desires to practice psychology	1232
or school psychology shall file with the ~~secretary~~executive	1233
director of the state board of psychology a written application,	1234
under oath, on a form prescribed by the board.	1235

Sec. 4732.10. (A) The state board of psychology shall	1236
appoint an entrance examiner who shall determine the sufficiency	1237
of an applicant's qualifications for admission to the appropriate	1238
examination. A member of the board or the executive director may	1239
be appointed as the entrance examiner.	1240

(B) Requirements for admission to examination for a	1241
psychologist license shall be that the applicant:	1242

(1) Is at least twenty-one years of age;

1243

(2) Is of good moral character;

1244

(3) ~~Is a citizen of the United States or has legally declared~~	1245
~~the intention of becoming such;~~	1246

~~(4)~~ Meets one of the following requirements ~~of division~~	1247
~~(B)(4)(a), (b), (c), or (d) of this section~~:	1248

(a) Received an earned doctoral degree from an institution	1249
accredited or recognized by a national or regional accrediting	1250
agency and a program accredited by any of the following:	1251

(i) The American psychological association, office of program	1252
consultation and accreditation;	1253

(ii) The accreditation office of the Canadian psychological	1254
association;	1255

(iii) A program listed by the association of state and	1256
provincial psychology boards/national register designation	1257
committee;	1258

(iv) The national association of school psychologists.

1259

(b) Received from an academic institution outside of the	1260
United States or Canada a degree determined, under rules adopted	1261
by the board under division (E) of this section, to be equivalent	1262
to a doctoral degree in psychology from a program described in	1263
division (B)~~(4)~~(3)(a) of this section;	1264

(c) Held a psychologist license, certificate, or registration	1265
required for practice in another United States or Canadian	1266
jurisdiction for a minimum of ten years and meets educational,	1267
experience, and professional requirements established under rules	1268
adopted by the board.	1269

(d) Enrolled, not later than sixty days after ~~the effective~~	1270
~~date of this amendment~~April 7, 2009, in an educational	1271
institution accredited or recognized by national or regional	1272
accrediting agencies as maintaining satisfactory standards and not	1273
later than eight years after ~~the effective date of this amendment~~	1274
April 7, 2009, received an earned doctoral degree in psychology,	1275
or school psychology~~, or a doctoral degree deemed equivalent by~~	1276
~~the board~~.	1277

~~(5)~~(4) Has had at least two years of supervised professional	1278
experience in psychological work of a type satisfactory to the	1279
board, at least one year of which must be a predoctoral	1280
internship. The	1281

~~The~~ board shall adopt guidelines for the kind of supervised	1282
professional experience which fulfill ~~the~~this requirement of	1283
~~division (B)(5) of this section~~.	1284

(C) Requirements for admission to examination for a school	1285
psychologist license shall be that the applicant:	1286

(1) Has received from an educational institution accredited	1287
or recognized by national or regional accrediting agencies as	1288
maintaining satisfactory standards, including those approved by	1289
the state board of education for the training of school	1290
psychologists, at least a master's degree in school psychology, or	1291
a degree considered equivalent by the board;	1292

(2) Is at least twenty-one years of age;

1293

(3) Is of good moral character;

1294

(4) ~~Is a citizen of the United States or has legally declared~~	1295
~~the intention of becoming such;~~	1296

~~(5)~~ Has completed at least sixty quarter hours, or the	1297
semester hours equivalent, at the graduate level, of accredited	1298
study in course work relevant to the study of school psychology;	1299

~~(6)~~(5) Has completed an internship in an educational	1300
institution approved by the Ohio department of education for	1301
school psychology supervised experience or one year of other	1302
training experience acceptable to the board, such as supervised	1303
professional experience under the direction of a licensed	1304
psychologist or licensed school psychologist;	1305

~~(7)~~(6) Furnishes proof of at least twenty-seven months,	1306
exclusive of internship, of full-time experience as a certificated	1307
school psychologist employed by a board of education or a private	1308
school meeting the standards prescribed by the state board of	1309
education, or of experience which the board deems equivalent.	1310

(D) If the entrance examiner finds that the applicant meets	1311
the requirements set forth in this section, the applicant shall be	1312
admitted to the appropriate examination.	1313

(E) The board shall adopt under Chapter 119. of the Revised	1314
Code rules for determining for the purposes of division	1315
(B)~~(4)~~(3)(b) of this section whether a degree is equivalent to a	1316
degree in psychology from an institution in the United States.	1317

Sec. 4732.11. ~~License examinations shall be conducted under~~	1318
~~rules prescribed by the state board of psychology.~~(A)(1) Each	1319
applicant ~~shall be examined for knowledge in whatever theoretical~~	1320
~~or applied fields of psychology the board considers appropriate.~~	1321
~~The examination for the school psychologist license shall be~~	1322
~~prepared and administered by a~~for a license to practice as a	1323
psychologist shall be required to earn a score acceptable to the	1324
state board of psychology on an examination selected by the board.	1325
The applicant shall follow all necessary procedures and pay all	1326
necessary fees for the examination. An applicant who fails to earn	1327
a score acceptable to the board may be admitted to a subsequent	1328
examination no less than thirty days after the initial	1329
examination. After failing to earn a passing score three	1330
consecutive times, an applicant may not be admitted to the	1331
examination for a period of six months following the third	1332
examination attempt. An applicant who fails to achieve an	1333
acceptable score in nine attempts is not eligible for additional	1334
admissions to the examination, and the application shall be	1335
permanently closed.	1336

An applicant who achieves an acceptable score on the	1337
examination selected by the board as a candidate in another state	1338
or Canadian province before or after submitting an application to	1339
the board must cause the score to be submitted directly to the	1340
board's executive director.	1341

(2) The board may also require that an applicant for a	1342
license to practice as a psychologist earn a passing score on an	1343
examination that covers one or more of the following:	1344

(a) Chapter 4732. of the Revised Code;

1345

(b) Rules promulgated under Chapter 4732. of the Revised	1346
Code;	1347

1348

(d) Professional ethical principles;

1349

(e) Professional standards of care.

1350

The examination may be administered orally or in writing in	1351
accordance with rules adopted by the board.	1352

(B)(1) Each applicant for a license to practice as a school	1353
psychologist licensed by the state board of psychology shall be	1354
required to earn a score acceptable to the board on an examination	1355
selected by the board. The applicant shall follow all necessary	1356
procedures and pay all necessary fees for the examination.	1357

(2) The board may also require that an applicant for a	1358
license to practice as a school psychologist licensed by the state	1359
board of psychology earn a passing score on an examination that	1360
covers one or more of the following:	1361

(a) Chapter 4732. of the Revised Code;

1362

(b) Rules promulgated under Chapter 4732. of the Revised	1363
Code;	1364

1365

(d) Professional ethical principles;

1366

(e) Professional standards of care.

1367

The examination may be administered orally or in writing in	1368
accordance with rules adopted by the board.	1369

(C) The board may establish procedures designed to expose	1370
applicants to the subject matter of the examinations described in	1371
divisions (A)(2) and (B)(2) of this section.	1372

(D) The board shall appoint a school psychology ~~licensing~~	1373
examination committee responsible to the board ~~and consisting~~. The	1374
committee shall consist of five ~~licensed~~ school psychologists or	1375
~~licensed psychologistswhoshall be certificated school~~	1376
~~psychologists~~each of whom holds either of the following:	1377

(1) A school psychologist license issued under this chapter;

1378

(2) A psychologist license issued under this chapter and a	1379
certificate or license issued by the state board of education.	1380

Committee members shall be appointed by the state board of	1381
psychology for staggered five-year terms, according to rules	1382
adopted by ~~the~~that board. The board may delegate to the committee	1383
authority to develop the examination described in division (B)(2)	1384
of this section and any procedures to be established under	1385
division (C) of this section.	1386

~~Examinations shall be given at least twice annually at such~~	1387
~~time and place and under such supervision as the board prescribes.~~	1388
~~Except as provided in section 4732.16 of the Revised Code, each~~	1389
~~applicant shall pay an application and license fee established by~~	1390
~~the board of not less than seventy-five nor more than one hundred~~	1391
~~fifty dollars, no part of which shall be returned. If an applicant~~	1392
~~fails an examination, he may be admitted, after no less than six~~	1393
~~months, to a subsequent examination upon payment of an additional~~	1394
~~fee as established by the board. After failing three examinations,~~	1395
~~a person is not eligible for licensure until he completes such~~	1396
~~additional training as the board prescribes.~~	1397

Sec. 4732.12. ~~The state board of psychology shall grade~~	1398
~~examinations conducted under section 4732.11 of the Revised Code~~	1399
~~and uniformly apply such standards as it considers appropriate in~~	1400
~~determining the level of competence necessary for a passing score.~~	1401
~~The level of competence necessary for a passing score for the~~	1402
~~school psychologist examination shall be determined by the school~~	1403
~~psychology examining committee.~~ If an applicant ~~passes~~for a	1404
license issued by the state board of psychology to practice as a	1405
psychologist or school psychologist receives a score acceptable to	1406
the board on the appropriate examination required by section	1407
4732.11 of the Revised Code and has paid the ~~required~~ fee required	1408
by section 4732.15 of the Revised Code, the board shall issue the	1409
appropriate license.	1410

Sec. 4732.13. A license issued by the state board of	1411
psychology shall remain ~~in effect~~active until it expires pursuant	1412
to section 4732.14 of the Revised Code, or is suspended or,	1413
revoked, or placed in retired status. ~~A current, valid~~An active	1414
psychologist license shall entitle the holder to practice	1415
psychology. ~~A current, valid~~An active school psychologist license	1416
shall entitle the holder to practice school psychology.	1417

Sec. 4732.14. (A) On or before the thirty-first day of	1418
August of each even-numbered year, each person ~~licensed~~who holds	1419
an active license issued by the state board of psychology shall	1420
register with the board ~~on a form~~in a format and manner	1421
prescribed by the board, giving the person's name, address,	1422
license number, the continuing education information required by	1423
section 4732.141 of the Revised Code, and such other reasonable	1424
information as the board requires~~, and~~. The person shall pay to	1425
the board ~~secretary~~ a biennial registration fee ~~in an amount~~	1426
~~determined by the board, but not to exceed two~~, as follows:	1427

(1) From the effective date of this amendment through June	1428
30, 2016, three hundred ~~seventy-five~~fifty dollars ~~in fiscal year~~	1429
~~2000 and~~;	1430

(2) From July 1, 2016, through June 30, 2020, three hundred	1431
~~fifty~~sixty dollars ~~in each fiscal year thereafter~~;	1432

(3) July 1, 2020, and thereafter three hundred sixty-five	1433
dollars. A	1434

A person licensed for the first time on or before the	1435
~~thirty-first~~thirtieth day of ~~August~~September of an even-numbered	1436
year shall next be required to register on or before the	1437
~~thirty-first~~thirtieth day of ~~August~~September of the next	1438
even-numbered year.	1439

(B) Before the first day of August of each even-numbered	1440
year, the ~~secretary~~board shall send a notice to each ~~licensed~~	1441
~~psychologist and licensed school psychologist~~license holder,	1442
whether a resident or not, at the ~~licensed psychologist's or~~	1443
~~licensed school psychologist's~~license holder's last ~~known~~	1444
provided official mailing address, that the ~~licensed~~	1445
~~psychologist's or licensed school psychologist's~~license holder's	1446
continuing education compliance must be completed on or before the	1447
last day of August and the biennial registration form and fee are	1448
due on or before the last day of ~~August~~September. ~~Before the~~	1449
~~fifteenth day of September of such years, the secretary shall send~~	1450
~~a second notice to each such person who has not paid the~~	1451
~~registration fee or registered with the board as required by this~~	1452
~~section.~~ A license of any ~~licensed psychologist or licensed school~~	1453
~~psychologist~~license holder shall automatically ~~be suspended~~	1454
expire if ~~the biennial registration fee is not paid or the~~	1455
~~registration form is not~~any of the following are not received on	1456
or before the thirtieth day of September of a renewal year.	1457
~~Within~~:	1458

(1) The biennial registration fee;

1459

(2) The registration form;

1460

(3) A report of compliance with continuing education	1461
requirements.	1462

Within five years thereafter, the board may reinstate any	1463
expired license ~~so suspended~~ upon payment of the current	1464
registration fee and a penalty fee established by the board, not	1465
to exceed two hundred fifty dollars, ~~as determined by the board,~~	1466
and receipt of the registration form completed by the registrant	1467
in accordance with this section and section 4732.141 of the	1468
Revised Code or in accordance with any modifications authorized by	1469
the board under division (F) of section 4732.141 of the Revised	1470
Code. ~~The~~	1471

The board may by rule waive the payment of the registration	1472
fee and completion of the continuing psychology education required	1473
by section 4732.141 of the Revised Code by a ~~licensed psychologist~~	1474
~~or licensed school psychologist~~license holder when the ~~licensed~~	1475
~~psychologist or licensed school psychologist~~license holder is on	1476
active duty in the armed forces of the United States.	1477

An individual who has had a license placed on retired status	1478
under section 4732.142 of the Revised Code may seek reinstatement	1479
of the license in accordance with rules adopted by the board.	1480

(C) Each ~~licensed psychologist and licensed school~~	1481
~~psychologist~~license holder shall notify the ~~secretary~~executive	1482
director of any change in the ~~licensed psychologist's or licensed~~	1483
~~school psychologist's~~license holder's official mailing address,	1484
office address, or employment within ~~ninety~~sixty days of such	1485
change.	1486

Sec. 4732.141. (A)(1) ~~On or before the thirty-first day of~~	1487
~~August of each even-numbered year beginning in 1998 and until the~~	1488
~~requirement set forth in division (A)(2) of this section applies,~~	1489
~~each person licensed under this chapter by the state board of~~	1490
~~psychology shall have completed, in the preceding two-year period,~~	1491
~~not less than twenty hours of continuing education in psychology~~	1492
~~or the number of hours determined under division (D) of this~~	1493
~~section.~~	1494

~~(2) On~~Except as provided in division (D) of this section, on	1495
or before the thirty-first day of August of each even-numbered	1496
year ~~after the biennium in which this amendment takes effect~~, each	1497
person ~~licensed under this chapter~~who holds a license issued by	1498
the state board of psychology shall have completed, in the	1499
preceding two-year period, not less than twenty-three hours of	1500
continuing education in psychology, including not less than ~~three~~	1501
four hours of continuing education in ~~professional conduct and~~	1502
~~ethics, or the number of hours determined under division (D) of~~	1503
~~this section~~one or more of the following:	1504

(a) Professional conduct;

1505

(b) Ethics;

1506

(c) The role of culture, ethnic identity, or both in the	1507
provision of psychological assessment, consultation, or	1508
psychological interventions, or a combination thereof.	1509

~~(3)~~(2) Each ~~person subject to division (A)(1) or (2) of this~~	1510
~~section~~license holder shall certify to the board, at the time of	1511
biennial registration pursuant to section 4732.14 of the Revised	1512
Code and on the registration form prescribed by the board under	1513
that section, that in the preceding two years the ~~person~~license	1514
holder has completed continuing psychology education in compliance	1515
with this section. The board shall adopt rules establishing the	1516
procedure for a ~~person~~license holder to certify to the board and	1517
for properly recording with the Ohio psychological association or	1518
the ~~state board of education~~Ohio school psychologists association	1519
completion of the continuing education.	1520

(B) Continuing psychology education may be applied to meet	1521
the requirement of division (A) of this section if both of the	1522
following requirements are met:	1523

(1) It is obtained through a program or course approved by	1524
the state board of psychology, the Ohio psychological association,	1525
the Ohio association of black psychologists, or the American	1526
psychological association or, in the case of a ~~licensed~~ school	1527
psychologist who holds a license issued under this chapter or a	1528
licensed psychologist with a school psychology specialty, by the	1529
state board of education, the Ohio school psychologists	1530
association, or the national association of school psychologists;	1531

(2) Completion of the program or course is recorded with the	1532
Ohio psychological association or the ~~state board of education~~	1533
Ohio school psychologists association in accordance with rules	1534
adopted by the state board of psychology in accordance with	1535
division (A) of this section.	1536

The state board of psychology may disapprove any program or	1537
course that has been approved by the Ohio psychological	1538
association, Ohio association of black psychologists, American	1539
psychological association, state board of education, Ohio school	1540
psychologists association, or national association of school	1541
psychologists. Such program or course may not be applied to meet	1542
the requirement of division (A) of this section.	1543

(C) Each ~~person licensed under this chapter~~license holder	1544
shall be given a sufficient choice of continuing education	1545
programs or courses in psychology, including programs or courses	1546
on professional conduct and ethics when required under division	1547
(A)(2) of this section, to ensure that the ~~person~~license holder	1548
has had a reasonable opportunity to participate in programs or	1549
courses that are relevant to the ~~person's~~license holder's	1550
practice in terms of subject matter and level.	1551

(D) The board shall adopt rules providing for reductions of	1552
the hours of continuing psychology education required by this	1553
section for ~~persons~~license holders in their first registration	1554
period.	1555

(E) Each ~~person licensed under this chapter~~license holder	1556
shall retain in the ~~person's~~license holder's records for at least	1557
three years the receipts, vouchers, or certificates necessary to	1558
document completion of continuing psychology education. Proof of	1559
continuing psychology education recorded with the Ohio	1560
psychological association or the ~~state board of education~~Ohio	1561
school psychologists association in accordance with the procedures	1562
established pursuant to division (A) of this section shall serve	1563
as sufficient documentation of completion. With cause, the board	1564
may request the documentation from the ~~person. The board also may~~	1565
~~request the documentation from persons licensed under this chapter~~	1566
~~selected at random, without cause~~license holder. The board may	1567
review any continuing psychology education records recorded by the	1568
Ohio psychological association or the ~~state board of education~~	1569
Ohio school psychologists association.	1570

(F) The board may excuse ~~persons licensed under this chapter~~	1571
license holders, as a group or as individuals, from all or any	1572
part of the requirements of this section because of an unusual	1573
circumstance, emergency, or special hardship.	1574

(G) The state board of psychology shall approve one or more	1575
continuing education courses of study that assist psychologists	1576
and school psychologists in recognizing the signs of domestic	1577
violence and its relationship to child abuse. Psychologists and	1578
school psychologists are not required to take the courses.	1579

(H) The board may require a license holder to evidence	1580
completion of specific continuing education coursework as part of	1581
the process of registering or continuing to register a person	1582
working under the license holder's supervision under division (B)	1583
of section 4732.22 of the Revised Code and conducting	1584
psychological or psychological work or training supervision.	1585
Procedures for the completion, verification, and documentation of	1586
such continuing education shall be specified in rules adopted by	1587
the board. A license holder completing this continuing education	1588
may receive credit toward the four-hour requirement in division	1589
(A)(1) of this section during the next continuing education period	1590
following the completion of this continuing education.	1591

Sec. 4732.142. (A) The holder of a license issued under this	1592
chapter who retires from the practice of psychology or school	1593
psychology may request during the biennial license registration	1594
process that the license holder's license be placed in "licensed	1595
psychologist-retired" or "licensed school psychologist-retired"	1596
status. Once the license is placed in retired status, the license	1597
holder shall not practice psychology or school psychology in this	1598
state. A license holder selecting this status shall pay to the	1599
state board of psychology a fee of fifty dollars.	1600

(B) Procedures for reinstating a retired license shall be	1601
established in rules adopted by the board.	1602

~~Sec. 4732.16.~~ Sec. 4732.15. Each applicant ~~under section 4732.15~~	1603
~~of the Revised Code~~for a license to be issued under this chapter	1604
shall pay a fee ~~established by the state board of psychology of~~	1605
~~not less than seventy-five nor more than one~~of three hundred	1606
~~fifty~~ dollars, no part of which shall be returned. ~~An applicant~~	1607
~~who is denied licensure under section 4732.15 of the Revised Code~~	1608
~~may apply for licensure under section 4732.10 of the Revised Code~~	1609
~~within one year from the date of the denial and upon payment of a~~	1610
~~fee not to exceed twenty-five dollars.~~	1611

Sec. 4732.151. The state board of psychology shall charge a	1612
fee of forty dollars to a license holder for the written	1613
verification of licensure status, including verification of the	1614
date of licensure, the presence or absence of a history of	1615
disciplinary action, and the expiration date of the license.	1616

Sec. 4732.16. (A) The state board of psychology shall	1617
investigate alleged violations of this chapter or the rules	1618
adopted under it. Each investigation shall be assigned by the	1619
executive director or designated investigator to one of the	1620
members of the board who shall serve as the supervising member of	1621
the investigation.	1622

As part of its conduct of investigations, the board may	1623
examine witnesses, administer oaths, and issue subpoenas, except	1624
that the board may not compel the attendance of the respondent in	1625
an investigation. A subpoena for patient record information may be	1626
issued only if the supervising member, executive director,	1627
secretary, and an attorney from the office of the attorney general	1628
determine that there is probable cause to believe that the	1629
complaint alleges a violation of this chapter and that the records	1630
sought are relevant to the alleged violation and material to the	1631
investigation. No member of the board who supervises the	1632
investigation or approves the issuance of a subpoena for patient	1633
records shall participate in further adjudication of the case. The	1634
subpoena may apply only to records that cover a reasonable period	1635
of time surrounding the alleged violation. On failure of a person	1636
to comply with a subpoena issued by the board and after reasonable	1637
notice to that person, the board may move for an order compelling	1638
the production of records or persons pursuant to the Rules of	1639
Civil Procedure.	1640

A subpoena issued by the board may be served by a sheriff,	1641
the sheriff's deputy, or a board employee designated by the board.	1642
Service of a subpoena issued by the board may be made by	1643
delivering a copy of the subpoena to the person named in the	1644
subpoena, reading it to the person, or leaving it at the person's	1645
usual place of residence. When the person being served is a person	1646
whose practice is authorized by this chapter, service of the	1647
subpoena may be made by certified mail, return receipt requested,	1648
and the subpoena shall be deemed served on the date delivery is	1649
made or the date the person refuses to accept delivery.	1650

A sheriff's deputy who serves a subpoena shall receive the	1651
same fees as a sheriff. Each witness who appears before the board	1652
in obedience to a subpoena shall receive the fees and mileage	1653
provided for witnesses under section 119.094 of the Revised Code.	1654

(B)(1) The board shall conduct all investigations and	1655
proceedings in a manner that protects the confidentiality of	1656
patients and persons who file complaints with the board. The board	1657
shall not make public the names or any other identifying	1658
information about patients or complainants unless proper consent	1659
is given or, in the case of a patient, the patient privilege has	1660
been waived by the patient. Information received by the board	1661
pursuant to an investigation is confidential and not subject to	1662
discovery in any civil action.	1663

(2) The board may share any information it receives pursuant	1664
to an investigation, including patient records and patient record	1665
information, with law enforcement agencies, other licensing	1666
boards, and other government agencies that are prosecuting,	1667
adjudicating, or investigating alleged violations of statutes or	1668
administrative rules. An agency or board that receives the	1669
information shall comply with the same requirements regarding	1670
confidentiality as the board must comply with under division	1671
(B)(1) of this section, notwithstanding any conflicting provision	1672
of the Revised Code or procedure of the agency or board that	1673
applies when it is dealing with other information in its	1674
possession.	1675

(3) In a judicial proceeding, any information the board	1676
receives pursuant to an investigation may be admitted into	1677
evidence only in accordance with the Ohio Rules of Evidence, but	1678
the court shall require that appropriate measures be taken to	1679
ensure that confidentiality is maintained with respect to any part	1680
of the information that contains names or other identifying	1681
information about patients or complainants whose confidentiality	1682
was protected by the board when the information was in the board's	1683
possession. Measures to ensure confidentiality that may be taken	1684
by the court include sealing its records or deleting specific	1685
information from its records.	1686

Sec. 4732.17. (A) ~~The~~Subject to division (F) of this	1687
section, the state board of psychology may ~~refuse to issue a~~	1688
~~license to any applicant, may issue a reprimand, or suspend or~~	1689
~~revoke the license of any licensed psychologist or licensed school~~	1690
~~psychologist,~~take any of the actions specified in division (C) of	1691
this section against an applicant for or a person who holds a	1692
license issued under this chapter on any of the following grounds	1693
as applicable:	1694

(1) Conviction, including a plea of guilty or no contest, of	1695
a felony, or of any offense involving moral turpitude, in a court	1696
of this or any other state or in a federal court;	1697

(2) A judicial finding of eligibility for intervention in	1698
lieu of conviction for a felony or any offense involving moral	1699
turpitude in a court of this or any other state or in a federal	1700
court;	1701

(3) Using fraud or deceit in the procurement of the license	1702
to practice psychology or school psychology or knowingly assisting	1703
another in the procurement of such a license through fraud or	1704
deceit;	1705

~~(3)~~(4) Accepting commissions or rebates or other forms of	1706
remuneration for referring persons to other professionals;	1707

~~(4)~~(5) Willful, unauthorized communication of information	1708
received in professional confidence;	1709

~~(5)~~(6) Being negligent in the practice of psychology or	1710
school psychology;	1711

~~(6) Using any controlled substance or alcoholic beverage to~~	1712
~~an extent that such use impairs the person's ability to perform~~	1713
~~the work of a psychologist or school psychologist with safety to~~	1714
~~the public~~(7) Inability to practice according to acceptable and	1715
prevailing standards of care by reason of a mental, emotional,	1716
physiological, or pharmacological condition or substance abuse;	1717

~~(7)~~(8) Subject to section 4732.28 of the Revised Code,	1718
violating any rule of professional conduct promulgated by the	1719
board;	1720

~~(8)~~(9) Practicing in an area of psychology for which the	1721
person is clearly untrained or incompetent;	1722

~~(9)~~(10) An adjudication by a court, as provided in section	1723
5122.301 of the Revised Code, that the person is incompetent for	1724
the purpose of holding the license. Such person may have the	1725
person's license issued or restored only upon determination by a	1726
court that the person is competent for the purpose of holding the	1727
license and upon the decision by the board that such license be	1728
issued or restored. The board may require an examination prior to	1729
such issuance or restoration.	1730

~~(10)~~(11) Waiving the payment of all or any part of a	1731
deductible or copayment that a patient, pursuant to a health	1732
insurance or health care policy, contract, or plan that covers	1733
psychological services, would otherwise be required to pay if the	1734
waiver is used as an enticement to a patient or group of patients	1735
to receive health care services from that provider;	1736

~~(11)~~(12) Advertising that the person will waive the payment	1737
of all or any part of a deductible or copayment that a patient,	1738
pursuant to a health insurance or health care policy, contract, or	1739
plan that covers psychological services, would otherwise be	1740
required to pay;	1741

~~(12)~~(13) Any of the following actions taken by the agency	1742
responsible for authorizing or certifying the person to practice	1743
or regulating the person's practice of a health care occupation or	1744
provision of health care services in this state or another	1745
jurisdiction, as evidenced by a certified copy of that agency's	1746
records and findings for any reason other than the nonpayment of	1747
fees:	1748

(a) Limitation, revocation, or suspension of the person's	1749
license to practice;	1750

(b) Acceptance of the person's license surrender;

1751

1752

(d) Refuse to renew or reinstate the person's license;

1753

(e) Imposition of probation on the person;

1754

(f) Issuance of an order of censure or other reprimand	1755
against the person;	1756

(g) Other negative action or finding against the person about	1757
which information is available to the public.	1758

(14) Offering or rendering psychological services after a	1759
license issued under this chapter has expired due to a failure to	1760
timely register under section 4732.14 of the Revised Code or	1761
complete continuing education requirements;	1762

(15) Offering or rendering psychological services after a	1763
license issued under this chapter has been placed in retired	1764
status pursuant to section 4732.142 of the Revised Code;	1765

(16) Unless the person is a school psychologist licensed by	1766
the state board of education:	1767

(a) Offering or rendering school psychological services after	1768
a license issued under this chapter has expired due to a failure	1769
to timely register under section 4732.14 of the Revised Code or	1770
complete continuing education requirements;	1771

(b) Offering or rendering school psychological services after	1772
a license issued under this chapter has been placed in retired	1773
status pursuant to section 4732.142 of the Revised Code.	1774

(17) Violating any adjudication order or consent agreement	1775
adopted by the board;	1776

(18) Failure to submit to mental, cognitive, substance abuse,	1777
or medical evaluations, or a combination of these evaluations,	1778
ordered by the board under division (E) of this section.	1779

(B) Notwithstanding ~~division~~divisions (A)~~(10)~~(11) and	1780
~~(11)~~(12) of this section, sanctions shall not be imposed against	1781
any ~~licensee~~license holder who waives deductibles and	1782
copayments:	1783

~~(a)~~(1) In compliance with the health benefit plan that	1784
expressly allows such a practice. Waiver of the deductibles or	1785
copays shall be made only with the full knowledge and consent of	1786
the plan purchaser, payer, and third-party administrator. Such	1787
consent shall be made available to the board upon request.	1788

~~(b)~~(2) For professional services rendered to any other person	1789
licensed pursuant to this chapter to the extent allowed by this	1790
chapter and the rules of the board.	1791

(C) For any of the reasons specified in division (A) of this	1792
section, the board may do one or more of the following:	1793

(1) Refuse to issue a license to an applicant;

1794

(2) Issue a reprimand to a license holder;

1795

(3) Suspend the license of a license holder;

1796

(4) Revoke the license of a license holder;

1797

(5) Limit or restrict the areas of practice of an applicant	1798
or a license holder;	1799

(6) Require mental, substance abuse, or physical evaluations,	1800
or any combination of these evaluations, of an applicant or a	1801
license holder;	1802

(7) Require remedial education and training of an applicant	1803
or a license holder.	1804

(D) When it revokes the license of a license holder under	1805
division (C)(4) of this section, the board may specify that the	1806
revocation is permanent. An individual subject to permanent	1807
revocation is forever thereafter ineligible to hold a license, and	1808
the board shall not accept an application for reinstatement of the	1809
license or issuance of a new license.	1810

(E) When the board issues a notice of opportunity for a	1811
hearing on the basis of division (A)(7) of this section, the	1812
supervising member of the board, with cause and upon consultation	1813
with the board's executive director and the board's legal counsel,	1814
may compel the applicant or license holder to submit to mental,	1815
cognitive, substance abuse, or medical evaluations, or a	1816
combination of these evaluations, by a person or persons selected	1817
by the board. Notice shall be given to the applicant or license	1818
holder in writing signed by the supervising member, the executive	1819
director, and the board's legal counsel. The applicant or license	1820
holder is deemed to have given consent to submit to these	1821
evaluations and to have waived all objections to the admissibility	1822
of testimony or evaluation reports that constitute a privileged	1823
communication. The expense of the evaluation or evaluations shall	1824
be the responsibility of the applicant or license holder who is	1825
evaluated.	1826

~~(B) Except as provided in section 4732.171 of the Revised~~	1827
~~Code, before~~(F) Before the board may ~~deny, suspend, or revoke a~~	1828
~~license~~take action under this section, ~~or otherwise discipline~~	1829
~~the holder of a license,~~ written charges shall be filed with the	1830
board by the secretary and a hearing shall be had thereon in	1831
accordance with Chapter 119. of the Revised Code, except as	1832
follows:	1833

(1) On receipt of a complaint that any of the grounds listed	1834
in division (A) of this section exist, the state board of	1835
psychology may suspend a license issued under this chapter prior	1836
to holding a hearing in accordance with Chapter 119. of the	1837
Revised Code if it determines, based on the complaint, that there	1838
is an immediate threat to the public. A telephone conference call	1839
may be used to conduct an emergency meeting for review of the	1840
matter by a quorum of the board, taking the vote, and	1841
memorializing the action in the minutes of the meeting.	1842

After suspending a license pursuant to division (F)(1) of	1843
this section, the board shall notify the license holder of the	1844
suspension in accordance with section 119.07 of the Revised Code.	1845
If the individual whose license is suspended fails to make a	1846
timely request for an adjudication under Chapter 119. of the	1847
Revised Code, the board shall enter a final order permanently	1848
revoking the license.	1849

(2) The board shall adopt rules establishing a case	1850
management schedule for pre-hearing procedures by the hearing	1851
examiner or presiding board member. The schedule shall include	1852
applicable deadlines related to the hearing process, including all	1853
of the following:	1854

(a) The date of the hearing;

1855

(b) The date for the disclosure of witnesses and exhibits;

1856

(c) The date for the disclosure of the identity of expert	1857
witnesses and the exchange of written reports;	1858

(d) The deadline for submitting a request for the issuance of	1859
a subpoena for the hearing as provided under Chapter 119. of the	1860
Revised Code and division (F)(4) of this section.	1861

(3) Either party to the hearing may submit a written request	1862
to the other party for a list of witnesses and copies of documents	1863
intended to be introduced at the hearing. The request shall be in	1864
writing and shall be served not less than thirty-seven days prior	1865
to the hearing, unless the hearing officer or presiding board	1866
member grants an extension of time to make the request. Not later	1867
than thirty days before the hearing, the responding party shall	1868
provide the requested list of witnesses, summary of their	1869
testimony, and copies of documents to the requesting party, unless	1870
the hearing officer or presiding board member grants an extension.	1871
Failure to timely provide a list or copies requested in accordance	1872
with this section may, at the discretion of the hearing officer or	1873
presiding board member, result in exclusion from the hearing of	1874
the witnesses, testimony, or documents.	1875

(4) In addition to subpoenas for the production of books,	1876
records, and papers requested under Chapter 119. of the Revised	1877
Code, either party may ask the board to issue a subpoena for the	1878
production of other tangible items.	1879

The person subject to a subpoena for the production of books,	1880
records, papers, or other tangible items shall respond to the	1881
subpoena at least twenty days prior to the date of the hearing. If	1882
a person fails to respond to a subpoena issued by the board, after	1883
providing reasonable notice to the person, the board, the hearing	1884
officer, or both may proceed with enforcement of the subpoena	1885
pursuant to section 119.09 of the Revised Code.	1886

~~Sec. 4732.172.~~ Sec. 4732.171. (A) Except as provided in division	1887
(B) of this section, if, at the conclusion of a hearing required	1888
by section 4732.17 of the Revised Code, the state board of	1889
psychology determines that a licensed psychologist or ~~licensed~~	1890
school psychologist licensed by the state board of psychology has	1891
engaged in sexual conduct or had sexual contact with the ~~licensed~~	1892
~~psychologist's or licensed school psychologist's~~license holder's	1893
patient or client in violation of any prohibition contained in	1894
Chapter 2907. of the Revised Code, the board shall do one of the	1895
following:	1896

(1) Suspend the ~~licensed psychologist's or licensed school~~	1897
~~psychologist's~~license holder's license;	1898

(2) Permanently revoke the ~~licensed psychologist's or~~	1899
~~licensed school psychologist's~~license holder's license.	1900

(B) If it determines at the conclusion of the hearing that	1901
neither of the sanctions described in division (A) of this section	1902
is appropriate, the board shall impose another sanction it	1903
considers appropriate and issue a written finding setting forth	1904
the reasons for the sanction imposed and the reason that neither	1905
of the sanctions described in division (A) of this section is	1906
appropriate.	1907

~~Sec. 4732.173.~~ Sec. 4732.172. Any finding made, and the record of	1908
any sanction imposed, by the state board of psychology under	1909
section 4732.17,or 4732.171~~, or 4732.172~~ of the Revised Code is a	1910
public record under section 149.43 of the Revised Code.	1911

Sec. 4732.173. (A) The state board of psychology may approve	1912
or establish a colleague assistance program for the purpose of	1913
affording holders of licenses issued under this chapter, license	1914
applicants, and persons subject to discipline pursuant to division	1915
(B) of section 4731.22 of the Revised Code access to all of the	1916
following:	1917

(1) Resources concerning the prevention of distress;

1918

(2) Evaluation and intervention services concerning mental,	1919
emotional, substance use, and other conditions that may impair	1920
competence, objectivity, and judgment in the provision of	1921
psychological or school psychological services;	1922

(3) Consultation and mentoring services for practice	1923
oversight and remediation of professional skill deficits.	1924

The board may compel a license holder, applicant, or	1925
registered person to participate in the program in conjunction	1926
with the board's actions under section 4732.17 of the Revised	1927
Code.	1928

(B) If a program is approved or established, the board shall	1929
adopt rules specifying the circumstances under which self-referred	1930
participants may receive confidential services from the program.	1931

Sec. 4732.18. At any time after the suspension or revocation	1932
of a license, the state board of psychology may restore the	1933
license upon the written finding by the board that circumstances	1934
so warrant. ~~The~~At the time it restores a license, the board may	1935
impose restrictions and limitations on the practice of the license	1936
holder.	1937

The board may require a person seeking restoration of a	1938
license to submit to mental, substance abuse, cognitive, or	1939
physical evaluations, or a combination of these evaluations.	1940
Evaluations shall be conducted by qualified individuals selected	1941
by the board. The costs of any evaluative processes shall be paid	1942
by the applicant for restoration. A person requesting restoration	1943
of a license is deemed to have given consent to submit to a mental	1944
or physical examination when directed to do so in writing by the	1945
board and to have waived all objections to the admissibility of	1946
testimony or examination reports that constitute a privileged	1947
communication.	1948

As a further condition of license restoration, the board may	1949
require ~~an examination of~~ the applicant ~~before such restoration~~	1950
to do both of the following:	1951

(A) Take the examination selected by the board under section	1952
4732.11 of the Revised Code and receive a score acceptable to the	1953
board;	1954

(B) Participate in board processes designed to expose the	1955
applicant to Chapter 4732. of the Revised Code and rules	1956
promulgated thereunder, which may include passing a written or	1957
oral examination on the Ohio laws and rules governing	1958
psychologists and school psychologists.	1959

Sec. 4732.21. ~~(A) On and after December 1, 1972, no~~Except	1960
as provided in section 4732.22 of the Revised Code:	1961

(A) No person who is not a licensed psychologist shall offer	1962
or render services as a psychologist or otherwise engage in the	1963
practice of psychology ~~for a compensation or other personal gain~~.	1964

(B) ~~On and after December 1, 1972, no~~No person who is not a	1965
licensed psychologist or, a school psychologist licensed by the	1966
state board of psychology, or a school psychologist licensed by	1967
the state board of education shall offer or render services as a	1968
school psychologist or otherwise engage in the practice of school	1969
psychology ~~for a compensation or other personal gain~~.	1970

Sec. 4732.22. (A) The following persons are exempted from	1971
the licensing requirements of this chapter:	1972

~~(A)~~(1) A ~~certificated~~person who holds a license or	1973
certificate issued by the state board of education authorizing the	1974
practice of school ~~psychologist~~psychology, while practicing	1975
school psychology within the scope of ~~his~~ employment by a board of	1976
education or by a private school meeting the standards prescribed	1977
by the state board of education under division (D) of section	1978
3301.07 of the Revised Code, or while acting as a school	1979
psychologist within the scope of ~~his~~ employment in a program for	1980
~~trainable mentally retarded~~ children with disabilities established	1981
under Chapter 3323. or 5126. of the Revised Code. A person	1982
exempted under this division shall not offer psychological	1983
services to any other individual, organization, or group for	1984
remuneration, monetary or otherwise, unless hethe person is	1985
licensed by the state board of psychology.	1986

~~(B)~~(2) Any nonresident temporarily employed in this state to	1987
render psychological services for not more than thirty days a	1988
year, who, in the opinion of the board, meets the standards for	1989
entrance in division (B) of section 4732.10 of the Revised Code,	1990
who has paid the required fee and submitted an application	1991
prescribed by the board, and who holds whatever license or	1992
certificate, if any, is required for such practice in ~~his~~the	1993
person's home state or home country.	1994

~~(C)~~(3) Any person ~~employed by~~working under the supervision	1995
of a ~~licensed~~ psychologist or ~~licensed~~ school psychologist	1996
licensed under this chapter, while carrying out specific tasks,	1997
under the ~~licensee's~~license holder's supervision, as an extension	1998
of the ~~licensee's~~license holder's legal and ethical authority as	1999
specified under this chapter if the person is registered under	2000
division (B) of this section. All fees shall be billed under the	2001
name of the ~~licensee, and the employee~~license holder. The person	2002
working under the license holder's supervision shall not represent	2003
~~himself~~self to the public as a psychologist or school	2004
psychologist, although supervised persons and persons in training	2005
may be ascribed such titles as "psychology trainee," "psychology	2006
assistant," "psychology intern," or other appropriate term that	2007
clearly implies their supervised or training status.	2008

~~(D) Unlicensed persons holding a master's degree or doctoral~~	2009
~~degree in psychology from a program approved by the board while~~	2010
~~working under the supervision of a licensed psychologist. The~~	2011
~~board shall establish rules governing such supervisory~~	2012
~~relationship which shall include a regulation requiring~~	2013
~~registration with the board of such unlicensed person.~~	2014

~~(E)~~(4) Any student in an accredited educational institution,	2015
while carrying out activities that are part of ~~his~~the student's	2016
prescribed course of study, provided such activities are	2017
supervised by a professional person who is qualified to perform	2018
such activities and is licensed under this chapter or is ~~exempted~~	2019
~~under division (F) or (G) of this section or division (B) or (D)~~	2020
~~of section 4732.23 of the Revised Code. Such student shall hold~~	2021
~~himself out to the public only by clearly indicating his student~~	2022
~~status and the profession in which he is being trained.~~	2023

~~(F) Duly ordained ministers while functioning in their~~	2024
~~ministerial capacity;~~	2025

~~(G) Qualified social workers while functioning in their~~	2026
~~capacity as social workers~~a qualified supervisor pursuant to	2027
rules of the board;	2028

(5) Recognized religious officials, including ministers,	2029
priests, rabbis, imams, Christian science practitioners, and other	2030
persons recognized by the board, conducting counseling when the	2031
counseling activities are within the scope of the performance of	2032
their regular duties and are performed under the auspices or	2033
sponsorship of an established and legally cognizable religious	2034
denomination or sect, as defined in current federal tax	2035
regulations, and when the religious official does not refer to the	2036
official's self as a psychologist and remains accountable to the	2037
established authority of the religious denomination or sect;	2038

(6) Persons in the employ of the federal government insofar	2039
as their activities are a part of the duties of their positions;	2040

(7) Persons licensed, certified, or registered under any	2041
other provision of the Revised Code who are practicing those arts	2042
and utilizing psychological procedures that are allowed and within	2043
the standards and ethics of their profession or within new areas	2044
of practice that represent appropriate extensions of their	2045
profession, provided that they do not hold themselves out to the	2046
public by the title of psychologist;	2047

(8) Persons using the term "social psychologist,"	2048
"experimental psychologist," "developmental psychologist,"	2049
"research psychologist," "cognitive psychologist," and other terms	2050
used by those in academic and research settings who possess a	2051
doctoral degree in psychology from an educational institution	2052
accredited or recognized by national or regional accrediting	2053
agencies as maintaining satisfactory standards and who do not use	2054
such a term in the solicitation or rendering of professional	2055
psychological services.	2056

(B) The license holder who is supervising a person described	2057
in division (A)(3) of this section shall register the person with	2058
the board. The board shall adopt rules regarding the registration	2059
process and the supervisory relationship.	2060

Sec. 4732.221. A nonresident applicant seeking a review of	2061
qualifications and permission of the state board of psychology to	2062
practice psychology in Ohio for no more than thirty days per year	2063
under division (A)(2) of section 4732.22 of the Revised Code shall	2064
pay a fee established by the board of not less than seventy-five	2065
dollars and not more than one hundred fifty dollars, no part of	2066
which shall be returned. The board may adopt rules for the purpose	2067
of recognizing a nonresident's interjurisdictional practice	2068
credentials granted by the association of state and provincial	2069
psychology boards and other relevant professional organizations.	2070

Sec. 4732.31. (A) The state board of psychology shall	2071
provide access to the following information through the internet:	2072

(1) The names of all licensed psychologists and ~~licensed~~all	2073
school psychologists licensed by the state board of psychology;	2074

(2) The names of all licensed psychologists and ~~licensed~~all	2075
school psychologists licensed by the state board of psychology who	2076
have been reprimanded by the board for misconduct, the names of	2077
all licensed psychologists or school psychologists ~~who have~~	2078
~~current licenses but~~licensed by the state board of psychology	2079
whose licenses are under an active suspension imposed for	2080
misconduct, the names of all former licensed psychologists and	2081
~~licensed~~ school psychologists licensed by the state board of	2082
psychology whose licenses have been suspended or revoked for	2083
misconduct, and the reason for each reprimand, suspension, or	2084
revocation;	2085

(3) Written findings made under division (B) of section	2086
~~4732.172~~4732.171 of the Revised Code.	2087

(B) Division (A)(2) of this section does not apply to a	2088
suspension of the license of a psychologist or school psychologist	2089
that is an automatic suspension imposed under section 4732.14 of	2090
the Revised Code.	2091

Sec. 4732.33. The state board of psychology shall adopt	2092
rules governing the use of telepsychology for the purpose of	2093
protecting the welfare of recipients of telepsychology services	2094
and establishing requirements for the responsible use of	2095
telepsychology in the practice of psychology and school	2096
psychology, including supervision of persons registered with the	2097
state board of psychology as described in division (B) of section	2098
4732.22 of the Revised Code.	2099

Sec. 4755.13. ~~(A)~~ Nothing in sections 4755.04 to 4755.13 of	2100
the Revised Code shall be construed to prevent or restrict the	2101
practice, services, or activities of the following:	2102

~~(1)~~(A) Any person who does not claim to the public by any	2103
title, initials, or description of services as being engaged in	2104
the practice of occupational therapy, who is:	2105

~~(a)~~(1) A physician licensed under Chapter 4731. of the	2106
Revised Code, or anyone employed or supervised by a licensed	2107
physician in the delivery of treatment or services;	2108

~~(b)~~(2) A person licensed, certified, or registered under	2109
sections 4755.40 to 4755.56 of the Revised Code or under any other	2110
chapter of the Revised Code who is practicing within the standards	2111
and ethics of practice that represent appropriate extensions of	2112
the person's profession;	2113

~~(c)~~(3) A qualified member of any other profession who is	2114
practicing within the standards and ethics of the member's	2115
profession.	2116

~~(2)~~(B) Any person employed as an occupational therapist or	2117
occupational therapy assistant by the government of the United	2118
States, if the person provides occupational therapy solely under	2119
the direction or control of the organization by which the person	2120
is employed;	2121

~~(3)~~(C) Any person pursuing a course of study leading to a	2122
degree or certificate in occupational therapy in an accredited or	2123
approved educational program if the activities and services	2124
constitute a part of a supervised course of study, if the person	2125
is designated by a title that clearly indicates the person's	2126
status as a student or trainee;	2127

~~(4)~~(D) Any person fulfilling the supervised field work	2128
experience requirements of section 4755.07 of the Revised Code, if	2129
the activities and services constitute a part of the experience	2130
necessary to meet those requirements.	2131

~~(B) Nothing in sections 4755.04 to 4755.13 of the Revised~~	2132
~~Code authorizes any person to use psychological procedures defined~~	2133
~~by the state board of psychology under division (C) of section~~	2134
~~4732.23 of the Revised Code as a serious hazard to mental health~~	2135
~~and to require professional expertise in psychology.~~	2136

Sec. 4757.42. Except as otherwise expressly provided in this	2137
chapter, nothing in this chapter shall be construed as authorizing	2138
any person to engage in the practice of psychology as defined in	2139
division (B) of section 4732.01 of the Revised Code. ~~This section~~	2140
~~shall not be construed as contravening section 4732.23 of the~~	2141
~~Revised Code.~~	2142

Sec. 5120.55. (A) As used in this section, "licensed health	2143
professional" means any or all of the following:	2144

(1) A dentist who holds a current, valid license issued under	2145
Chapter 4715. of the Revised Code to practice dentistry;	2146

(2) A licensed practical nurse who holds a current, valid	2147
license issued under Chapter 4723. of the Revised Code that	2148
authorizes the practice of nursing as a licensed practical nurse;	2149

(3) An optometrist who holds a current, valid certificate of	2150
licensure issued under Chapter 4725. of the Revised Code that	2151
authorizes the holder to engage in the practice of optometry;	2152

(4) A physician who is authorized under Chapter 4731. of the	2153
Revised Code to practice medicine and surgery, osteopathic	2154
medicine and surgery, or podiatric medicine and surgery;	2155

(5) A psychologist who holds a current, valid license issued	2156
under Chapter 4732. of the Revised Code that authorizes the	2157
practice of psychology as a licensed psychologist;	2158

(6) A registered nurse who holds a current, valid license	2159
issued under Chapter 4723. of the Revised Code that authorizes the	2160
practice of nursing as a registered nurse, including such a nurse	2161
who is also authorized to practice as an advanced practice	2162
registered nurse as defined in section 4723.01 of the Revised	2163
Code.	2164

(B)(1) The department of rehabilitation and correction may	2165
establish a recruitment program under which the department, by	2166
means of a contract entered into under division (C) of this	2167
section, agrees to repay all or part of the principal and interest	2168
of a government or other educational loan incurred by a licensed	2169
health professional who agrees to provide services to inmates of	2170
correctional institutions under the department's administration.	2171

(2)(a) For a physician to be eligible to participate in the	2172
program, the physician must have attended a school that was,	2173
during the time of attendance, a medical school or osteopathic	2174
medical school in this country accredited by the liaison committee	2175
on medical education or the American osteopathic association, a	2176
college of podiatry in this country recognized as being in good	2177
standing under section 4731.53 of the Revised Code, or a medical	2178
school, osteopathic medical school, or college of podiatry located	2179
outside this country that was acknowledged by the world health	2180
organization and verified by a member state of that organization	2181
as operating within that state's jurisdiction.	2182

(b) For a nurse to be eligible to participate in the program,	2183
the nurse must have attended a school that was, during the time of	2184
attendance, a nursing school in this country accredited by the	2185
commission on collegiate nursing education or the national league	2186
for nursing accrediting commission or a nursing school located	2187
outside this country that was acknowledged by the world health	2188
organization and verified by a member state of that organization	2189
as operating within that state's jurisdiction.	2190

(c) For a dentist to be eligible to participate in the	2191
program, the dentist must have attended a school that was, during	2192
the time of attendance, a dental college that enabled the dentist	2193
to meet the requirements specified in section 4715.10 of the	2194
Revised Code to be granted a license to practice dentistry.	2195

(d) For an optometrist to be eligible to participate in the	2196
program, the optometrist must have attended a school of optometry	2197
that was, during the time of attendance, approved by the state	2198
board of optometry.	2199

(e) For a psychologist to be eligible to participate in the	2200
program, the psychologist must have attended an educational	2201
institution that, during the time of attendance, maintained a	2202
specific degree program recognized by the state board of	2203
psychology as acceptable for fulfilling the requirement of	2204
division (B)~~(4)~~(3) of section 4732.10 of the Revised Code.	2205

(C) The department shall enter into a contract with each	2206
licensed health professional it recruits under this section. Each	2207
contract shall include at least the following terms:	2208

(1) The licensed health professional agrees to provide a	2209
specified scope of medical, osteopathic medical, podiatric,	2210
optometric, psychological, nursing, or dental services to inmates	2211
of one or more specified state correctional institutions for a	2212
specified number of hours per week for a specified number of	2213
years.	2214

(2) The department agrees to repay all or a specified portion	2215
of the principal and interest of a government or other educational	2216
loan taken by the licensed health professional for the following	2217
expenses to attend, for up to a maximum of four years, a school	2218
that qualifies the licensed health professional to participate in	2219
the program:	2220

(a) Tuition;

2221

(b) Other educational expenses for specific purposes,	2222
including fees, books, and laboratory expenses, in amounts	2223
determined to be reasonable in accordance with rules adopted under	2224
division (D) of this section;	2225

(c) Room and board, in an amount determined to be reasonable	2226
in accordance with rules adopted under division (D) of this	2227
section.	2228

(3) The licensed health professional agrees to pay the	2229
department a specified amount, which shall be no less than the	2230
amount already paid by the department pursuant to its agreement,	2231
as damages if the licensed health professional fails to complete	2232
the service obligation agreed to or fails to comply with other	2233
specified terms of the contract. The contract may vary the amount	2234
of damages based on the portion of the service obligation that	2235
remains uncompleted.	2236

(4) Other terms agreed upon by the parties.

2237

The licensed health professional's lending institution or the	2238
Ohio board of regents, may be a party to the contract. The	2239
contract may include an assignment to the department of the	2240
licensed health professional's duty to repay the principal and	2241
interest of the loan.	2242

(D) If the department elects to implement the recruitment	2243
program, it shall adopt rules in accordance with Chapter 119. of	2244
the Revised Code that establish all of the following:	2245

(1) Criteria for designating institutions for which licensed	2246
health professionals will be recruited;	2247

(2) Criteria for selecting licensed health professionals for	2248
participation in the program;	2249

(3) Criteria for determining the portion of a loan which the	2250
department will agree to repay;	2251

(4) Criteria for determining reasonable amounts of the	2252
expenses described in divisions (C)(2)(b) and (c) of this section;	2253

(5) Procedures for monitoring compliance by a licensed health	2254
professional with the terms of the contract the licensed health	2255
professional enters into under this section;	2256

(6) Any other criteria or procedures necessary to implement	2257
the program.	2258

Sec. 5122.01. As used in this chapter and Chapter 5119. of	2259
the Revised Code:	2260

(A) "Mental illness" means a substantial disorder of thought,	2261
mood, perception, orientation, or memory that grossly impairs	2262
judgment, behavior, capacity to recognize reality, or ability to	2263
meet the ordinary demands of life.	2264

(B) "Mentally ill person subject to hospitalization by court	2265
order" means a mentally ill person who, because of the person's	2266
illness:	2267

(1) Represents a substantial risk of physical harm to self as	2268
manifested by evidence of threats of, or attempts at, suicide or	2269
serious self-inflicted bodily harm;	2270

(2) Represents a substantial risk of physical harm to others	2271
as manifested by evidence of recent homicidal or other violent	2272
behavior, evidence of recent threats that place another in	2273
reasonable fear of violent behavior and serious physical harm, or	2274
other evidence of present dangerousness;	2275

(3) Represents a substantial and immediate risk of serious	2276
physical impairment or injury to self as manifested by evidence	2277
that the person is unable to provide for and is not providing for	2278
the person's basic physical needs because of the person's mental	2279
illness and that appropriate provision for those needs cannot be	2280
made immediately available in the community; or	2281

(4) Would benefit from treatment in a hospital for the	2282
person's mental illness and is in need of such treatment as	2283
manifested by evidence of behavior that creates a grave and	2284
imminent risk to substantial rights of others or the person.	2285

(C)(1) "Patient" means, subject to division (C)(2) of this	2286
section, a person who is admitted either voluntarily or	2287
involuntarily to a hospital or other place under section 2945.39,	2288
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	2289
finding of not guilty by reason of insanity or incompetence to	2290
stand trial or under this chapter, who is under observation or	2291
receiving treatment in such place.	2292

(2) "Patient" does not include a person admitted to a	2293
hospital or other place under section 2945.39, 2945.40, 2945.401,	2294
or 2945.402 of the Revised Code to the extent that the reference	2295
in this chapter to patient, or the context in which the reference	2296
occurs, is in conflict with any provision of sections 2945.37 to	2297
2945.402 of the Revised Code.	2298

(D) "Licensed physician" means a person licensed under the	2299
laws of this state to practice medicine or a medical officer of	2300
the government of the United States while in this state in the	2301
performance of the person's official duties.	2302

(E) "Psychiatrist" means a licensed physician who has	2303
satisfactorily completed a residency training program in	2304
psychiatry, as approved by the residency review committee of the	2305
American medical association, the committee on post-graduate	2306
education of the American osteopathic association, or the American	2307
osteopathic board of neurology and psychiatry, or who on July 1,	2308
1989, has been recognized as a psychiatrist by the Ohio state	2309
medical association or the Ohio osteopathic association on the	2310
basis of formal training and five or more years of medical	2311
practice limited to psychiatry.	2312

(F) "Hospital" means a hospital or inpatient unit licensed by	2313
the department of mental health and addiction services under	2314
section 5119.33 of the Revised Code, and any institution,	2315
hospital, or other place established, controlled, or supervised by	2316
the department under Chapter 5119. of the Revised Code.	2317

(G) "Public hospital" means a facility that is tax-supported	2318
and under the jurisdiction of the department of mental health and	2319
addiction services.	2320

(H) "Community mental health services provider" means an	2321
agency, association, corporation, individual, or program that	2322
provides community mental health services that are certified by	2323
the director of mental health and addiction services under section	2324
5119.36 of the Revised Code.	2325

(I) "Licensed clinical psychologist" means a person who holds	2326
a current valid psychologist license issued under section 4732.12	2327
~~or 4732.15~~ of the Revised Code, and in addition, meets ~~either of~~	2328
~~the following criteria:~~	2329

~~(1) Meets~~ the educational requirements set forth in division	2330
(B) of section 4732.10 of the Revised Code and has a minimum of	2331
two years' full-time professional experience, or the equivalent as	2332
determined by rule of the state board of psychology, at least one	2333
year of which shall be a predoctoral internship, in clinical	2334
psychological work in a public or private hospital or clinic or in	2335
private practice, diagnosing and treating problems of mental	2336
illness or mental retardation under the supervision of a	2337
psychologist who is licensed or who holds a diploma issued by the	2338
American board of professional psychology, or whose qualifications	2339
are substantially similar to those required for licensure by the	2340
state board of psychology when the supervision has occurred prior	2341
to enactment of laws governing the practice of psychology;	2342

~~(2) Meets the educational requirements set forth in division~~	2343
~~(B) of section 4732.15 of the Revised Code and has a minimum of~~	2344
~~four years' full-time professional experience, or the equivalent~~	2345
~~as determined by rule of the state board of psychology, in~~	2346
~~clinical psychological work in a public or private hospital or~~	2347
~~clinic or in private practice, diagnosing and treating problems of~~	2348
~~mental illness or mental retardation under supervision, as set~~	2349
~~forth in division (I)(1) of this section~~.	2350

(J) "Health officer" means any public health physician;	2351
public health nurse; or other person authorized by or designated	2352
by a city health district; a general health district; or a board	2353
of alcohol, drug addiction, and mental health services to perform	2354
the duties of a health officer under this chapter.	2355

(K) "Chief clinical officer" means the medical director of a	2356
hospital, or a community mental health services provider, or a	2357
board of alcohol, drug addiction, and mental health services, or,	2358
if there is no medical director, the licensed physician	2359
responsible for the treatment a hospital or community mental	2360
health services provider provides. The chief clinical officer may	2361
delegate to the attending physician responsible for a patient's	2362
care the duties imposed on the chief clinical officer by this	2363
chapter. Within a community mental health services provider, the	2364
chief clinical officer shall be designated by the governing body	2365
of the services provider and shall be a licensed physician or	2366
licensed clinical psychologist who supervises diagnostic and	2367
treatment services. A licensed physician or licensed clinical	2368
psychologist designated by the chief clinical officer may perform	2369
the duties and accept the responsibilities of the chief clinical	2370
officer in the chief clinical officer's absence.	2371

(L) "Working day" or "court day" means Monday, Tuesday,	2372
Wednesday, Thursday, and Friday, except when such day is a	2373
holiday.	2374

(M) "Indigent" means unable without deprivation of	2375
satisfaction of basic needs to provide for the payment of an	2376
attorney and other necessary expenses of legal representation,	2377
including expert testimony.	2378

(N) "Respondent" means the person whose detention,	2379
commitment, hospitalization, continued hospitalization or	2380
commitment, or discharge is being sought in any proceeding under	2381
this chapter.	2382

(O) "Ohio protection and advocacy system" has the same	2383
meaning as in section 5123.60 of the Revised Code.	2384

(P) "Independent expert evaluation" means an evaluation	2385
conducted by a licensed clinical psychologist, psychiatrist, or	2386
licensed physician who has been selected by the respondent or the	2387
respondent's counsel and who consents to conducting the	2388
evaluation.	2389

(Q) "Court" means the probate division of the court of common	2390
pleas.	2391

(R) "Expunge" means:

2392

(1) The removal and destruction of court files and records,	2393
originals and copies, and the deletion of all index references;	2394

(2) The reporting to the person of the nature and extent of	2395
any information about the person transmitted to any other person	2396
by the court;	2397

(3) Otherwise insuring that any examination of court files	2398
and records in question shall show no record whatever with respect	2399
to the person;	2400

(4) That all rights and privileges are restored, and that the	2401
person, the court, and any other person may properly reply that no	2402
such record exists, as to any matter expunged.	2403

(S) "Residence" means a person's physical presence in a	2404
county with intent to remain there, except that:	2405

(1) If a person is receiving a mental health service at a	2406
facility that includes nighttime sleeping accommodations,	2407
residence means that county in which the person maintained the	2408
person's primary place of residence at the time the person entered	2409
the facility;	2410

(2) If a person is committed pursuant to section 2945.38,	2411
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	2412
residence means the county where the criminal charges were filed.	2413

When the residence of a person is disputed, the matter of	2414
residence shall be referred to the department of mental health and	2415
addiction services for investigation and determination. Residence	2416
shall not be a basis for a board's denying services to any person	2417
present in the board's service district, and the board shall	2418
provide services for a person whose residence is in dispute while	2419
residence is being determined and for a person in an emergency	2420
situation.	2421

(T) "Admission" to a hospital or other place means that a	2422
patient is accepted for and stays at least one night at the	2423
hospital or other place.	2424

(U) "Prosecutor" means the prosecuting attorney, village	2425
solicitor, city director of law, or similar chief legal officer	2426
who prosecuted a criminal case in which a person was found not	2427
guilty by reason of insanity, who would have had the authority to	2428
prosecute a criminal case against a person if the person had not	2429
been found incompetent to stand trial, or who prosecuted a case in	2430
which a person was found guilty.	2431

(V) "Treatment plan" means a written statement of reasonable	2432
objectives and goals for an individual established by the	2433
treatment team, with specific criteria to evaluate progress	2434
towards achieving those objectives. The active participation of	2435
the patient in establishing the objectives and goals shall be	2436
documented. The treatment plan shall be based on patient needs and	2437
include services to be provided to the patient while the patient	2438
is hospitalized and after the patient is discharged. The treatment	2439
plan shall address services to be provided upon discharge,	2440
including but not limited to housing, financial, and vocational	2441
services.	2442

(W) "Community control sanction" has the same meaning as in	2443
section 2929.01 of the Revised Code.	2444

(X) "Post-release control sanction" has the same meaning as	2445
in section 2967.01 of the Revised Code.	2446

Section 2. That existing sections 102.02, 102.022, 102.03,	2447
2152.54, 2919.271, 2945.37, 4732.01, 4732.02, 4732.03, 4732.06,	2448
4732.07, 4732.09, 4732.10, 4732.11, 4732.12, 4732.13, 4732.14,	2449
4732.141, 4732.16, 4732.17, 4732.172, 4732.173, 4732.18, 4732.21,	2450
4732.22, 4732.31, 4755.13, 4757.42, 5120.55, and 5122.01 and	2451
sections 4732.15, 4732.171, and 4732.23 of the Revised Code are	2452
hereby repealed.	2453