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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. S. B. No. 96 |
SENATORS CUPP-HERINGTON-KEARNS-GARDNER-SCHAFRATH-J. JOHNSON-
WHITE-GILLMOR-DIX-GAETH-DiDONATO-HOWARD-SHEERER-
CARNES-OELSLAGER-DRAKE-LATTA-McLIN-SUHADOLNIK-WATTS-RAY
A BILL
To amend sections
109.572,
173.41, 3701.881, 3712.09, 3721.121,
3722.151,
4753.08, and 4753.12 and to enact sections 3319.223 and
3319.224 of the Revised Code to require studies concerning the shortage of
school
speech-language pathologists and audiologists, to permit the State Board of
Education to issue
temporary educator licenses in the specialty of school speech-language
pathology, to permit school districts and educational service centers to
contract with speech-language
pathologists and audiologists who are licensed by the Board of Speech-Language
Pathology and
Audiology,
to modify provisions
pertaining to the conditional employment of individuals in positions that
involve providing direct care to older adults,
to eliminate issuance of the temporary educator licenses in school
speech-language pathology on January 1, 2002, by
repealing section 3319.223 of the Revised Code on that date, and
to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections
109.572,
173.41, 3701.881, 3712.09, 3721.121,
3722.151,
4753.08, and 4753.12 be amended and sections 3319.223
and 3319.224 of the Revised Code be enacted to read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant
to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or
5153.111 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed prior to July
1, 1996, a violation of section 2919.23 of the Revised Code that would have
been a violation of
section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had
the violation been committed prior to that date, or a violation of
section 2925.11 of the Revised Code that is not a minor drug possession
offense;
(b) A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to
any of the offenses listed in division (A)(1)(a) of this section.
(2) On receipt of a request
pursuant to section 5126.28 of the Revised
Code with respect to an
applicant for employment in any position with a county board of
mental retardation and developmental disabilities or pursuant to
section 5126.281 of the Revised
Code with respect to an
applicant for employment in a position with an entity
contracting with a county board for employment in a position
that involves providing service directly to individuals with
mental retardation and developmental disabilities, a completed
form prescribed pursuant to division
(C)(1) of this section, and a
set of fingerprint impressions obtained in the manner described
in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal
records check. The superintendent shall conduct the criminal
records check in the manner described in division
(B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of
or pleaded guilty to any of the following:
(a) A violation of section 2903.01,
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13,
2923.161, 2925.02, 2925.03, or 3716.11 of the
Revised Code;
(b) An existing or former law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division
(A)(2)(a) of this section.
(3) On receipt of a request pursuant to section 173.41,
3712.09, 3721.121, or 3722.151 of the
Revised Code, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall
conduct a criminal records check with respect to any person who
has applied for employment in
a position that involves providing
direct care to an older adult. The superintendent shall conduct
the criminal records check in the manner described in division
(B) of this section to determine whether any information
exists that indicates that the person who is the subject of the
request previously has been convicted of or pleaded guilty to any
of the following:
(a) A violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02,
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12,
2923.13, 2923.161, 2925.02,
2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the
Revised Code;
(b) An existing or former law of this state, any
other state, or the United States that is
substantially equivalent to any of the offenses listed in
division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of the
Revised Code
with respect to an applicant for employment with a home health agency as a
person responsible for the care, custody, or control of a child, a completed
form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and investigation
shall conduct a criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division
(B) of this section to determine whether any
information exists that indicates that the person who is the subject of the
request previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or
a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense;
(b) An existing or former law of this state, any other state, or
the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 3701.881 of the
Revised Code with respect to an applicant for employment with a home health
agency in a
position that involves providing direct care to an older adult, a completed
form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and investigation
shall conduct a criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division
(B) of this section to determine whether any
information exists that indicates that the person who is the subject of the
request previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02,
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12,
2923.13, 2923.161, 2925.02,
2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the
Revised Code;
(b) An existing or former law of this state, any other state, or
the United States that is substantially equivalent to any of
the offenses listed in division (A)(5)(a) of this section.
(6) When conducting a criminal records check upon a
request pursuant to section 3319.39 of the Revised Code for an
applicant who is a teacher, the superintendent shall determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any offense specified in section 3319.31 of the
Revised Code.
(7) Within NOT LATER THAN thirty days after the date the
superintendent receives the
request, completed form, and fingerprint impressions, the
superintendent shall send the person who made the request any
information, other than information the dissemination of which is
prohibited by federal law, the superintendent determines exists with respect
to the person who is the subject of the request that indicates that the person
previously has been convicted of or pleaded guilty to
any offense listed OR DESCRIBED in division (A)(1), (2), (3), (4), or
(5) of this section. The superintendent
shall send the person who made the request a copy of the
list of offenses
specified in division (A)(1), (2), (3), (4), or (5) of this section. If
the request was made under section 3701.881 of the Revised Code with regard to
an applicant who may be both responsible for the care, custody, or control of
a child and involved in providing direct care to an older adult, the
superintendent shall provide
a list of THE offenses specified in divisions (A)(4)
and (5) of this section.
(B) The superintendent shall conduct any criminal records
check requested under section 173.41, 2151.86, 3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28,
5126.281, or 5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed any relevant
information gathered and compiled by the bureau under division
(A) of section 109.57 of the Revised Code that relates to the
person who is the subject of the request, including any relevant
information contained in records that have been sealed under
section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for information from
the federal bureau of investigation,
the superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request and shall review or cause to be
reviewed any information the superintendent receives from that bureau.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check
from any person for whom a criminal records check is required by
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,
3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of the
Revised Code.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is required by section 173.41, 2151.86,
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,
5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for
whom a records check is required by any of those sections shall obtain
the fingerprint impressions at a county sheriff's office,
municipal police department, or any other entity with the ability
to make fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or
entity may charge the person a reasonable fee for making the
impressions.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,
3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of the Revised
Code. The person making a criminal records request under section
178.41 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,
3712.09, 3721.121, 3722.151, 5104.012, 5104.013,
5126.28, 5126.281, or
5153.111 of the Revised Code shall pay the fee prescribed pursuant to this
division. A person making a request under section 3701.881 of the Revised
Code for a criminal records check for an applicant who may be both responsible
for the care, custody, or control of a child and involved in providing direct
care to an older adult shall pay one fee for the request.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed OR DESCRIBED in division (A)(1)(a)
or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or (b), or (A)(5)(a) or
(b) of this section that is made by the superintendent with respect
to information considered in a criminal records check in
accordance with this section is valid for the person who is the
subject of the criminal records check for a period of one year
from the date upon which the superintendent makes the
determination. During the period in which the determination in
regard to a person is valid, if another request under this
section is made for a criminal records check for that person, the
superintendent shall provide the information that is the basis
for the superintendent's initial determination at a lower fee than the fee
prescribed for the initial criminal records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check conducted by
the superintendent
of the bureau of criminal identification and investigation in
accordance with division (B) of this section.
(2) "Minor drug possession offense" has the same meaning as in section
2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
Sec. 173.41. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration for employment with a PASSPORT agency in a full-time,
part-time or temporary
position that involves providing
direct care to an older adult.
"Applicant" does not include a person who provides direct
care as
a volunteer without receiving or expecting to receive any form of remuneration
other than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the same meanings as
in
section 109.572 of the Revised Code.
(3) "PASSPORT agency" means a public or private entity that
provides home and community-based services to older adults through the
PASSPORT program created under section
173.40 of the Revised Code.
(B)(1) Except as provided in division (I) of this
section, the chief administrator of a PASSPORT agency
shall request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check
with respect to each applicant. If the applicant does not
present proof of having been a resident of this state for the
five-year period immediately prior to the date the criminal
records check is requested or provide evidence that within that
five-year period the superintendent has requested information
about the applicant from the federal bureau of investigation in a criminal
records check, the chief administrator shall request that the
superintendent obtain information from the federal bureau of
investigation as part of the criminal records check of the
applicant. Even if the applicant presents proof of having been
a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
information from the federal bureau of investigation in the
criminal records check.
(2) A person required by division (B)(1) of this section
to request a criminal records check shall do both of the
following:
(a) Provide to each applicant a copy of the form
prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code
and a standard fingerprint impression sheet prescribed
pursuant to division (C)(2) of that section, and obtain the
completed form and impression sheet from the applicant;
(b) Forward the completed form and impression sheet to the
superintendent of the bureau of criminal identification and
investigation.
(3) An applicant provided the form and fingerprint impression sheet under
division (B)(2)(a) of this section who fails to complete the
form or provide fingerprint
impressions shall not be employed in any
position for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by the department
of aging in accordance with division (F) of this section,
no PASSPORT agency shall employ a person in a
position that
involves providing direct care to an older adult if the person
has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06,
2907.07,
2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13,
2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23,
or 3716.11 of the Revised Code.
(b) An existing or former law of this state, any other
state, or the United States that is substantially equivalent
to any of the offenses or violations described LISTED in
division (C)(1)(a) of this section.
(2) A PASSPORT agency may employ an applicant
conditionally prior to obtaining THE RESULTS OF a criminal records
check regarding the individual. The agency shall initiate the process of
obtaining REQUEST a criminal records check IN ACCORDANCE WITH
DIVISION (B)(1) OF THIS SECTION not later than five business
days after the individual begins conditional employment. The agency shall
terminate the individual's employment if the
results of the criminal records check, OTHER THAN THE RESULTS OF ANY
REQUEST FOR INFORMATION FROM THE
FEDERAL BUREAU OF INVESTIGATION,
are not obtained within the period
ending sixty days after the date the request is made. If REGARDLESS
OF WHEN THE RESULTS OF THE CRIMINAL RECORDS CHECK ARE OBTAINED,
IF the results
indicate
that the
individual has been convicted of or pleaded guilty to any of the
offenses specified LISTED OR DESCRIBED in division
(C)(1) of this section, the agency shall terminate the individual's
employment unless
the agency chooses to employ the individual pursuant to
division (F) of this section.
Termination of employment under this division shall be
considered just cause for discharge for purposes of division
(D)(2) of section 4141.29 of
the Revised Code if the individual lied MAKES ANY ATTEMPT to
DECEIVE the agency about the individual's criminal record.
(D)(1) Each PASSPORT agency shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised
Code for each criminal records check conducted pursuant to this
section.
(2) A PASSPORT agency may charge an applicant a fee
not exceeding the amount the agency pays under division (D)(1)
of this section. An agency may collect a fee only if
both of the following apply:
(a) The agency notifies the person at the time of initial
application for
employment of the amount of the fee and that, unless the fee is
paid, the person will not be considered for employment;
(b) The medical assistance program established under
Chapter 5111. of the
Revised Code
does not reimburse the agency the fee it pays under division
(D)(1) of this section.
(E) The report of any criminal records check conducted
pursuant to a request made under this section is not a public
record for the purposes of section 149.43 of the Revised Code and
shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the
individual's
representative;
(2) The chief administrator of the agency
requesting the criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the PASSPORT agency;
(4) A court, hearing officer, or other necessary individual involved
in a case dealing with a denial of employment of the applicant.
(F) The department of aging shall adopt rules in accordance
with
Chapter 119. of the Revised Code to implement this section. The rules shall
specify
circumstances under which a PASSPORT agency
may hire EMPLOY a person who has been convicted of or
pleaded guilty to an offense listed OR DESCRIBED in division (C)(1) of
this section but meets personal character standards set by the
department.
(G) The chief administrator of a PASSPORT agency
shall inform each person, at the time of initial application
for a position that involves providing direct care to an older
adult, that the person is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the person comes under final consideration for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a
PASSPORT agency employs in a position
that involves providing direct care to older adults, the
following shall apply:
(1) If the agency employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the agency shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the agency employed the individual in good faith
on a conditional basis pursuant to division
(C)(2) of this section, the
agency shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the agency in good faith employed the individual
according to
the personal character standards established in rules adopted
under division (F) of this
section, the agency shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed OR DESCRIBED in division
(C)(1) of this section.
(I) The chief administrator is not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
PASSPORT agency by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(1) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(2) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed OR DESCRIBED in division (C)(1) of this section.
Sec. 3319.223. (A) ON REQUEST OF A SCHOOL DISTRICT
SUPERINTENDENT, THE STATE BOARD OF EDUCATION MAY ISSUE A TEMPORARY LICENSE TO
AN INDIVIDUAL AS AN EDUCATOR IN THE SPECIALTY OF SCHOOL SPEECH-LANGUAGE
PATHOLOGY.
TO QUALIFY FOR A TEMPORARY LICENSE ISSUED UNDER THIS SECTION, AN
INDIVIDUAL MUST HAVE AT LEAST A BACHELOR'S DEGREE IN SPEECH AND HEARING. THE
BOARD SHALL EVALUATE EACH APPLICATION RECEIVED AND ISSUE A TEMPORARY LICENSE
TO EACH
APPLICANT WHO MEETS THE QUALIFICATIONS FOR LICENSURE.
(B) A TEMPORARY LICENSE ISSUED UNDER
THIS SECTION IS VALID ONLY FOR TEACHING IN THE DISTRICT REPRESENTED BY THE
SUPERINTENDENT WHO REQUESTED ISSUANCE OF THE LICENSE AND EXPIRES ONE YEAR
AFTER THE DATE IT IS ISSUED. A TEMPORARY LICENSE MAY BE RENEWED, BUT ONLY IF
THE DISTRICT SUPERINTENDENT PRESENTS EVIDENCE SATISFACTORY TO THE BOARD OF ONE
OF THE FOLLOWING:
(1) THAT THE HOLDER IS ENROLLED IN A MASTER'S DEGREE PROGRAM LEADING TO
LICENSURE BY THE BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY UNDER
CHAPTER 4753. OF THE REVISED CODE;
(2) THAT THE HOLDER HAS APPLIED WITHIN THE PAST YEAR TO A
MASTER'S DEGREE PROGRAM IN THIS STATE LEADING TO LICENSURE BY THE BOARD OF
SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY AND IS QUALIFIED TO BE UNCONDITIONALLY
ENROLLED IN THAT PROGRAM, BUT WAS DENIED ENROLLMENT.
Sec. 3319.224. NOTWITHSTANDING SECTION 3319.30 OF THE
REVISED CODE,
A SCHOOL DISTRICT OR EDUCATIONAL SERVICE CENTER MAY CONTRACT WITH A PROVIDER
LICENSED UNDER CHAPTER 4753. OF THE
REVISED CODE
FOR SPEECH AND LANGUAGE SERVICES OR FOR AUDIOLOGY SERVICES. THE CONTRACTED
SERVICES SHALL BE RETAINED ONLY AFTER THE DISTRICT OR SERVICE CENTER HAS
DEMONSTRATED TO THE DEPARTMENT OF EDUCATION THAT ATTEMPTS TO OBTAIN THE
SERVICES OF A SPEECH AND LANGUAGE OR AUDIOLOGY PROVIDER LICENSED UNDER THIS
CHAPTER HAVE BEEN UNSUCCESSFUL.
Sec. 3701.881. (A) As used in this section:
(1) "Applicant" means both of the following:
(a) A person who is under final consideration for appointment or
employment with a home health agency in a position as a person responsible for
the care, custody, or control of a child;
(b) A person who is under final
consideration for employment with a home health agency in a full-time,
part-time, or temporary position THAT INVOLVES providing direct care to
an older adult. With regard to persons providing direct care to
older adults, "applicant" does not include a person who provides direct care
to an older adult as a volunteer without receiving or expecting to
receive a ANY form of
remuneration other than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the same meanings as in
section 109.572 of the Revised Code.
(3) "Home health agency" has the same meaning as in
section 3701.88 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as in section
2925.01 of the Revised Code.
(B)(1) Except as provided in division (I) of
this section, the chief administrator of a home
health agency shall request the superintendent of the bureau of
criminal identification and investigation to conduct a criminal
records check with respect to each applicant. If the position may involve
both
responsibility for the care, custody, or
control of a child and provision of direct care to an older adult, the chief
administrator shall request that the superintendent conduct a single
criminal records check for the applicant.
If the applicant does
not present proof of having been a
resident of this
state for the five-year period immediately prior to the date upon
which the criminal records check is requested or does not provide
evidence that within that five-year period the superintendent has
requested information about the applicant from the federal bureau of
investigation in a criminal records check, the chief
administrator shall request that the superintendent obtain
information from the federal bureau of investigation as a part of
the criminal records check for the applicant. If the applicant
presents proof that the applicant has been a resident of this
state for that five-year period, the chief administrator may
request that the superintendent include information from the
federal bureau of investigation in the criminal records check.
(2) Any person required by division (B)(1) of this section
to request a criminal records check shall provide to each
applicant a copy of the form prescribed pursuant to division
(C)(1) of section 109.572 of the Revised Code, provide to each
applicant a standard impression sheet to obtain fingerprint
impressions prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code, obtain the completed form and
impression sheet from each applicant, and forward the completed
form and impression sheet to the superintendent of the bureau of
criminal identification and investigation at the time the chief
administrator requests a criminal records check pursuant to
division (B)(1) of this section.
(3) An applicant who receives pursuant to division (B)(2)
of this section a copy of the form prescribed pursuant to
division (C)(1) of section 109.572 of the Revised Code and a copy
of an impression sheet prescribed pursuant to division (C)(2) of
that section and who is requested to complete the form and
provide a set of fingerprint impressions shall complete the form
or provide all the information necessary to complete the form and
shall provide the impression sheets with the impressions of the
applicant's
fingerprints. If an applicant, upon request, fails to provide
the information necessary to complete the form or fails to
provide fingerprint impressions the applicant's, the home health agency
shall not employ that
applicant
for any position for which a criminal records check
is required by division (B)(1) of this section.
(C)(1) Except as provided in rules adopted by the
department of health in accordance with
division (F) of this
section, no home health agency shall employ a person as a person
responsible for the care, custody, or control of a child if the
person previously has been convicted of or pleaded guilty to any
of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06,
or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, had the violation been
committed prior to that date,, a violation of section 2925.11 of the
Revised Code that is not a minor drug possession offense, or felonious sexual
penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to
any of the offenses or violations described LISTED in division
(C)(1)(a) of this section.
(2) Except as provided in rules adopted by the department of health
in accordance with division (F) of
this section, no home health agency shall employ a person in
a position that involves providing direct care to an older adult if
the person previously has been convicted of or pleaded guilty to
any of the following:
(a) A violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06,
2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02,
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12,
2923.13, 2923.161, 2925.02,
2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the
Revised Code.
(b) An existing or former law of this state, any
other state, or the United States that is
substantially equivalent to any of the offenses or violations
described LISTED in division (C)(2)(a) of this section.
(3)(a) A home health agency may employ an applicant
conditionally as a person responsible for the care, custody, or control of a
child until the criminal records check required by this
section is completed and the agency receives the results of the
criminal records check. If the results of the criminal records
check indicate that, pursuant to division (C)(1) of this
section,
the applicant does not qualify for employment, the agency shall
release the applicant from employment.
(b) A home health agency may employ an applicant conditionally in
a position THAT INVOLVES providing direct care to an older adult prior
to obtaining THE RESULTS OF a criminal
records check regarding the individual. The agency shall
initiate the process of obtaining REQUEST a criminal records
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not
later than five business days after the individual begins
conditional employment. The agency shall terminate the
individual's employment if the results of the criminal records
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM
THE
FEDERAL BUREAU OF INVESTIGATION,
are not obtained within the period ending sixty days after the date the
request is made. If REGARDLESS OF WHEN THE RESULTS OF THE CRIMINAL
RECORDS CHECK ARE OBTAINED,
IF the results indicate that the individual has been
convicted of or
pleaded guilty to any of the offenses specified LISTED OR
DESCRIBED in division (C)(2) of this section, the agency shall terminate
the individual's
employment unless the
agency chooses to employ the individual
pursuant to division (F) of
this section. Termination of employment under this division
shall be considered just cause for discharge for purposes of
division (D)(2) of section 4141.29 of the Revised Code if the individual
lied MAKES ANY ATTEMPT to DECEIVE the agency about the
individual's criminal record.
(D)(1) Each home health agency shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised
Code for each criminal records check conducted in accordance with
that section upon the request pursuant to division (B)(1)
of this section of the chief administrator of the home health agency.
(2) A home health agency may charge an applicant a fee for
the costs it incurs in obtaining a criminal records check under
this section, unless the
medical assistance program established under
Chapter 5111. of the
Revised Code
reimburses the agency for the costs.
A fee charged under division (D)(2) of this
section shall not exceed
the amount of fees the agency pays under division (D)(1) of
this
section. If a fee is charged under division (D)(2) of
this section, the agency
shall notify the applicant at the time of the applicant's initial application
for employment
of the amount of the fee and
that, unless the fee
is paid, the agency will not consider the applicant for employment.
(E) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (B)(1) of this section is
not a
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
following:
(1) The individual who is the subject of the criminal records check or
the individual's
representative;
(2) The home health agency requesting the criminal
records check or its representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the home health agency;
(4) Any court, hearing officer, or other necessary individual involved
in a case dealing with the denial of employment of the
applicant.
(F) The department of health shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section. The
rules shall specify
circumstances under which the home
health agency may hire EMPLOY a person who has been convicted of
OR PLEADED GUILTY TO an offense listed OR DESCRIBED in division
(C)(1) of
this section but who meets standards in regard to
rehabilitation set by the department or hire EMPLOY a person who
has been convicted of OR PLEADED GUILTY TO
an offense listed OR DESCRIBED in division (C)(2) of this section but
meets personal character standards set by the department.
(G) Any person required by division (B)(1) of this section
to request a criminal records check shall inform each person, at
the time of initial application for employment that the
person is
required to provide a set of fingerprint impressions and
that a criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of
the Revised Code if the person comes under final consideration for
appointment or employment as a precondition to employment for
that position.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a
home health agency employs in a position
that involves providing direct care to older adults, the
following shall apply:
(1) If the agency employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the agency shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the agency employed the individual in good faith
on a conditional basis pursuant to division
(C)(2)(b) of this section, the
agency shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the agency in good faith employed the individual
according to
the personal character standards established in rules adopted
under division (F) of this
section, the agency shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed OR DESCRIBED in division
(C)(1) of this section.
(I) The chief administrator is not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
home health agency by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(1) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(2) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed OR DESCRIBED in division (C)(2) of this section.
Sec. 3712.09. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration for employment with a hospice care program in a full-time,
part-time, or temporary position
that involves providing direct care to an older adult.
"Applicant" does not include a person who provides direct care as a volunteer
without receiving or expecting to receive any form of remuneration other than
reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the same meanings as
in
section 109.572 of the Revised Code.
(B)(1) Except as provided in division (I) of this section,
the chief administrator of a hospice care
program shall request that the superintendent of the bureau of
criminal identification and investigation conduct a criminal
records check with respect to each applicant. If the applicant
does not present proof of having been a resident of this state
for the five-year period immediately prior to the date the
criminal records check is requested or provide evidence that
within that five-year period the superintendent has requested
information about the applicant from the federal bureau of investigation in
a criminal records check, the chief administrator shall request
that the superintendent obtain information from the federal
bureau of investigation as part of the criminal records check of
the applicant. Even if the applicant presents proof of having
been a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
information from the federal bureau of investigation in the
criminal records check.
(2) A person required by division (B)(1) of this
section to request a criminal records check shall do both of the
following:
(a) Provide to each applicant a copy of the form
prescribed pursuant to division (C)(1) of section 109.572
of the Revised Code and a standard fingerprint
impression sheet prescribed pursuant to division (C)(2)
of that section, and obtain the completed form and impression
sheet from the applicant;
(b) Forward the completed form and impression
sheet to the superintendent of the bureau of criminal
identification and investigation.
(3) An applicant provided the form and fingerprint impression sheet under
division (B)(2)(a) of this section who fails to complete the
form or provide
fingerprint impressions shall not be employed in any
position for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by the
public health council in accordance with division (F) of
this section, no hospice care program shall employ a person in
a
position that involves providing direct care to an older adult if
the person has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06,
2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02,
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12,
2923.13,
2923.161, 2925.02,
2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the
Revised Code.
(b) An existing or former law of this state, any
other state, or the United States that is
substantially equivalent to any of the offenses or violations
described LISTED in division (C)(1)(a) of this section.
(2) A hospice care program may employ an applicant
conditionally
prior to obtaining THE RESULTS OF a criminal records
check regarding the individual. The program shall initiate the
process of obtaining REQUEST a criminal records check IN
ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not later than
five business days after the individual begins conditional employment.
The program shall terminate the individual's employment if the results of
the criminal records check, OTHER THAN THE RESULTS OF ANY REQUEST
FOR INFORMATION FROM THE
FEDERAL BUREAU OF INVESTIGATION,
are not obtained within the period ending sixty
days after the date the request is made. If REGARDLESS OF WHEN THE
RESULTS OF THE CRIMINAL RECORDS CHECK ARE OBTAINED,
IF the results indicate that
the individual has been convicted of or pleaded guilty to any
of the offenses specified LISTED OR DESCRIBED in division
(C)(1) of this section, the program shall terminate the individual's
employment unless
the program chooses to employ the individual pursuant to
division (F) of this section.
Termination of employment under this division shall be
considered just cause for discharge for purposes of division
(D)(2) of section 4141.29 of
the Revised
Code if the individual lied MAKES ANY ATTEMPT to DECEIVE
the program about the individual's
criminal record.
(D)(1) Each hospice care program shall pay to the
bureau of criminal identification and investigation the fee
prescribed pursuant to division (C)(3) of section 109.572
of the Revised Code for each criminal records
check conducted pursuant to this section.
(2) A hospice care program may charge an applicant a fee
not exceeding the amount the program pays under division
(D)(1) of this section. A program may collect a fee only
if both of the following apply:
(a) The program notifies the person at the time of initial
application
for employment
of the amount of the fee and that, unless the fee
is paid, the person will not be considered for employment;
(b) The medical assistance program established under
Chapter 5111. of the
Revised Code
does not reimburse the program the fee it pays under division
(D)(1) of this section.
(E) The report of a criminal records check
conducted pursuant to a request made under this section is not a
public record for the purposes of section 149.43 of the
Revised Code and shall not be made available to
any person other than the following:
(1) The individual who is the subject of the
criminal records check or the individual's representative;
(2) The chief
administrator of the program requesting the criminal records
check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the hospice care program;
(4) A court, hearing
officer, or
other necessary individual involved in a case dealing with a
denial of employment of the applicant.
(F) The public health council shall adopt rules
in accordance with Chapter 119. of the Revised
Code to implement this section. The rules shall
specify circumstances under which a hospice care program may
hire EMPLOY a person who has been convicted of or pleaded
guilty to an
offense listed OR DESCRIBED in division (C)(1) of this section but
meets personal character standards set by the council.
(G) The chief administrator of a hospice care
program shall inform each individual, at the time of initial
application for a position that involves providing direct care to
an older adult, that the individual is required to provide a set of
fingerprint impressions and that a criminal records check is
required to be conducted if the individual comes under final consideration
for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a
hospice care program employs in a position
that involves providing direct care to older adults, the
following shall apply:
(1) If the program employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the program shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the program employed the individual in good faith
on a conditional basis pursuant to division
(C)(2) of this section, the
program shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the program in good faith employed the individual
according to
the personal character standards established in rules adopted
under division (F) of this
section, the program shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed OR DESCRIBED in division
(C)(1) of this section.
(I) The chief administrator is not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
hospice care program by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(1) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(2) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed OR DESCRIBED in division
(C)(1) of this section.
Sec. 3721.121. (A) As used in this section:
(1) "Adult day-care program" means a program operated
pursuant to rules adopted by the public health council under
section 3721.04 of the Revised Code and provided
by and on the same site as homes licensed under this chapter.
(2) "Applicant" means a person who is under final
consideration for employment with a home or adult day-care program in a
full-time, part-time, or temporary position that involves providing direct
care to an older
adult.
"Applicant" does not
include a person who provides direct
care as a volunteer without receiving or expecting to receive any form of
remuneration other than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the same meanings as in
section 109.572 of the Revised Code.
(4) "Home" means a home as defined in section 3721.10 of
the Revised Code.
(B)(1) Except as provided in division (I) of this
section, the chief administrator of a home or adult
day-care program shall request that the superintendent of the
bureau of criminal identification and investigation conduct a
criminal records check with respect to each applicant. If the
applicant does not present proof of having been a resident of
this state for the five-year period immediately prior to the date
the criminal records check is requested or provide evidence that
within that five-year period the superintendent has requested
information about the applicant from the federal bureau of investigation in
a criminal records check, the chief administrator shall request
that the superintendent obtain information from the federal
bureau of investigation as part of the criminal records check of
the applicant. Even if the applicant presents proof of having
been a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
information from the federal bureau of investigation in the
criminal records check.
(2) A person required by division (B)(1) of this
section to request a criminal records check shall do both of the
following:
(a) Provide to each applicant a copy of the form
prescribed pursuant to division (C)(1) of section 109.572
of the Revised Code and a standard fingerprint
impression sheet prescribed pursuant to division (C)(2)
of that section, and obtain the completed form and impression
sheet from the applicant;
(b) Forward the completed form and impression
sheet to the superintendent of the bureau of criminal
identification and investigation.
(3) An applicant provided the form and fingerprint impression sheet under
division (B)(2)(a) of this section who fails to complete the
form or provide fingerprint
impressions shall not be employed in any
position for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by
the director of health in accordance
with division (F) of this section, no home or adult
day-care program shall employ a person in a position
that
involves providing direct care to an older adult if the person
has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06,
2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02,
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12,
2923.13, 2923.161, 2925.02,
2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the
Revised Code.
(b) An existing or former law of this state, any
other state, or the United States that is
substantially equivalent to any of the offenses or violations
described LISTED in division (C)(1)(a) of this section.
(2) A home or an adult day-care program may employ an
applicant conditionally
prior to obtaining THE RESULTS OF a criminal
records check regarding the individual. The home or program shall
initiate the process of obtaining REQUEST a criminal records
check IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION not
later than five business days after the individual begins
conditional employment. The home or program shall terminate the
individual's employment if the results of the criminal records
check, OTHER THAN THE RESULTS OF ANY REQUEST FOR INFORMATION FROM
THE
FEDERAL BUREAU OF INVESTIGATION,
are not obtained within the period ending sixty days after the date the
request is made. If REGARDLESS OF WHEN THE RESULTS OF THE CRIMINAL
RECORDS CHECK ARE OBTAINED,
IF the results indicate that the individual has been
convicted of or pleaded guilty to any of the offenses specified
LISTED OR DESCRIBED in division
(C)(1) of this section,
the home or program shall terminate the individual's employment unless the
home or program chooses to employ the individual
pursuant to division (F) of
this section. Termination of employment under this division
shall be considered just cause for discharge for purposes of
division (D)(2) of section
4141.29 of the Revised
Code if the individual lied MAKES ANY ATTEMPT to DECEIVE
the home or program about the
individual's criminal record.
(D)(1) Each home or adult day-care program shall
pay to the bureau of criminal identification and investigation
the fee prescribed pursuant to division (C)(3) of section
109.572 of the Revised Code for each criminal
records check conducted pursuant to this section.
(2) A home or adult day-care program may charge an
applicant a fee not exceeding the amount the home or program pays
under division (D)(1) of this section. A home or program
may collect a fee only if both of the following apply:
(a) The home or program notifies the person at the time of
initial application for employment
of the amount of the fee
and that, unless the fee is paid, the person will not be considered for
employment;
(b) The medical assistance program established under
Chapter 5111. of the
Revised Code
does not reimburse the home or program the fee it pays under division
(D)(1) of this section.
(E) The report of any criminal records check
conducted pursuant to a request made under this section is not a
public record for the purposes of section 149.43 of the
Revised Code and shall not be made available to
any person other than the following:
(1) The individual who is the subject of the
criminal records check or the individual's representative;
(2) The chief administrator
of the home or program requesting the criminal records check or
the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the home or program;
(4) A court, hearing officer, or other
necessary individual involved in a case dealing with a denial of
employment of the applicant.
(F) In accordance with section 3721.11 of the Revised
Code, the director of health shall adopt rules to implement this
section. The
rules shall specify circumstances under which a home or adult
day-care program may hire EMPLOY a person who has been
convicted of or
pleaded guilty to an offense listed OR DESCRIBED in division (C)(1) of
this
section but meets personal character standards set by the
director.
(G) The chief administrator of a home or adult day-care program
shall inform each individual, at the time of initial application
for a position that involves providing direct care to an older
adult, that the individual is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the individual comes under final consideration for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a
home or adult day-care program employs in a position
that involves providing direct care to older adults, the
following shall apply:
(1) If the home or program employed the individual in good
faith
and reasonable reliance on the report of a criminal records
check requested under this section, the home or program shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the home or program employed the individual in good faith
on a conditional basis pursuant to division
(C)(2) of this section, the
home or program shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the home or program in good faith employed the
individual according
to the personal character standards established in rules adopted
under division (F) of this
section, the home or program shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed OR DESCRIBED in division
(C)(1) of this section.
(I) The chief administrator is not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
home or adult day-care program by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(1) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(2) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed OR DESCRIBED in division (C)(1) of this section.
Sec. 3722.151. (A) As used in this section:
(1) "Adult care facility" has the same meaning as in
section 3722.01 of the Revised Code.
(2) "Applicant" means a person who is under final
consideration for employment with an adult care facility in a full-time,
part-time, or temporary position
that involves providing direct care to an older adult. "Applicant" does not
include a person who provides direct
care as
a volunteer without receiving or expecting to receive any form of remuneration
other than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the same meanings as
in
section 109.572 of the Revised Code.
(B)(1) Except as provided in division (I) of this
section, the chief administrator of an adult care facility
shall request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check
with respect to each applicant. If the applicant does not
present proof of having been a resident of this state for the
five-year period immediately prior to the date the criminal
records check is requested or provide evidence that within that
five-year period the superintendent has requested information
about the applicant from the federal bureau of investigation in a criminal
records check, the chief administrator shall request that the
superintendent obtain information from the federal bureau of
investigation as part of the criminal records check of the
applicant. Even if the applicant presents proof of having been
a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
information from the federal bureau of investigation in the
criminal records check.
(2) A person required by division (B)(1) of this section
to request a criminal records check shall do both of the
following:
(a) Provide to each applicant a copy of the form
prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code
and a standard fingerprint impression sheet prescribed
pursuant to division (C)(2) of that section, and obtain the
completed form and impression sheet from the applicant;
(b) Forward the completed form and impression sheet to the
superintendent of the bureau of criminal identification and
investigation.
(3) An applicant provided the form and fingerprint impression sheet under
division (B)(2)(a) of this section who fails to complete the
form or provide fingerprint
impressions shall not be employed in any
position for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by the public
health council in accordance with division (F) of this section,
no adult care facility shall employ a person in a
position that
involves providing direct care to an older adult if the person
has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06,
2907.07,
2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13,
2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23,
or 3716.11 of the Revised Code.
(b) An existing or former law of this state, any other
state, or the United States that is substantially equivalent to
any of the offenses or violations described LISTED in division
(C)(1)(a)
of this section.
(2) An adult care facility may employ an applicant
conditionally prior to obtaining THE RESULTS OF a criminal records
check regarding the individual. The facility shall initiate the process
of obtaining REQUEST a criminal records check IN ACCORDANCE
WITH DIVISION (B)(1) OF THIS SECTION not later than five
business days after the individual begins conditional employment. The
facility shall terminate the individual's employment if the
results of the criminal records check, OTHER THAN THE RESULTS OF ANY
REQUEST FOR INFORMATION FROM THE
FEDERAL BUREAU OF INVESTIGATION,
are not obtained within the period
ending sixty days after the date the request is made. If REGARDLESS
OF WHEN THE RESULTS OF THE CRIMINAL RECORDS CHECK ARE OBTAINED,
IF the results
indicate that the
individual has been convicted of or pleaded guilty to any of the
offenses specified LISTED OR DESCRIBED in division
(C)(1) of this section, the facility shall terminate the individual's
employment unless
the facility chooses to employ the individual pursuant to
division (F) of this section.
Termination of employment under this division shall be
considered just cause for discharge for purposes of division
(D)(2) of section 4141.29 of
the Revised
Code if the individual lied MAKES ANY ATTEMPT to DECEIVE
the facility about the individual's
criminal record.
(D)(1) Each adult care facility shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised
Code for each criminal records check conducted pursuant to this
section.
(2) An adult care facility may charge an applicant a fee
not exceeding the amount the facility pays under division (D)(1)
of this section. A facility may collect a fee only if it
notifies the person at the time of initial application for
employment
of the amount of the fee and that, unless the fee is
paid, the person will not be considered for employment.
(E) The report of any criminal records check conducted
pursuant to a request made under this section is not a public
record for the purposes of section 149.43 of the Revised Code and
shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the
individual's
representative;
(2) The chief administrator of the facility
requesting the criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the adult care facility;
(4) A court, hearing officer, or other necessary individual involved
in a case dealing with a denial of employment of the applicant.
(F) The public health council shall adopt rules in accordance
with
Chapter 119. of the Revised Code to implement this section. The
rules shall specify circumstances under which an adult
care facility may hire EMPLOY a person who has been convicted
of or
pleaded guilty to an offense listed OR DESCRIBED in division (C)(1) of
this
section but meets personal character standards set by the
council.
(G) The chief administrator of an adult care facility
shall inform each individual, at the time of initial application
for a position that involves providing direct care to an older
adult, that the individual is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the individual comes under final consideration for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who
an adult care facility employs in a position
that involves providing direct care to older adults, the
following shall apply:
(1) If the facility employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the facility shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the facility employed the individual in good faith
on a conditional basis pursuant to division
(C)(2) of this section, the
facility shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the facility in good faith employed the individual
according to
the personal character standards established in rules adopted
under division (F) of this
section, the facility shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed OR DESCRIBED in division
(C)(1) of this section.
(I) The chief administrator is not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
adult care facility by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(1) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(2) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed OR DESCRIBED in division
(C)(1) of this section.
Sec. 4753.08. The board of speech-language pathology and
audiology shall waive the examination and educational
requirements for any applicant who:
(A) On September 26, 1975, has at least a bachelor's
degree with a major in speech-language pathology or audiology
from an accredited college or university, or who has been
employed as a speech-language pathologist or audiologist for at
least nine months at any time within the three years prior to
September 26, 1975, if an application providing bona fide proof
of such degree or employment is filed with the board within one
year after September 26, 1975, and is accompanied by the
application fee as prescribed in division (A) of section 4753.11
of the Revised Code;
(B) Presents proof of current certification or licensure
in good standing in the area in which licensure is sought in a
state which has standards at least equal to those for licensure
in this state;
(C) Presents proof of a current certificate of clinical
competence in speech-language pathology or audiology that is in
good standing and received from the American
speech-language-hearing association in the area in which
licensure is sought;
(D) On January 1, 2001, holds a current
certificate, except a temporary certificate, if
the certificate is in good standing, PURSUANT TO SECTION 3319.222
of the Revised Code, in the area in which licensure is sought and if an
application
providing bona fide proof of the certificate is filed with the board
on or after January 1, 2001, but before January 1, 2002.
Notwithstanding division (A) of section 4753.11 of the Revised Code, the board
shall not charge a licensure
fee for a license issued by waiver to the holder of such a certificate. As
used in this division, "certificate" means a certificate issued by the Ohio
department of education to an applicant PURSUANT TO SECTION 3319.222
of the Revised Code to serve as a SCHOOL speech and
hearing therapist, a school speech-language pathologist, a school audiologist,
or any equivalent position for which a certificate is issued by the Ohio
department of education.
(E) On January 1, 2001, is employed as a
speech-language pathologist or audiologist by any agency of this state, if an
application providing bona fide proof of the employment in the area in which
licensure is sought is filed with the board on or after January 1,
2001, but before January 1, 2002. Notwithstanding division
(A) of section 4753.11 of the Revised Code, the board shall not charge a
licensure fee for a license issued by waiver to a person so employed.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002.
Sec. 4753.12. Nothing in this chapter shall be construed to:
(A) Prohibit a person other than an individual from
engaging in the business of speech-language pathology or
audiology without licensure if it employs a licensed individual
in the direct practice of speech-language pathology and
audiology. Such entity shall file a statement with the board, on
a form approved by the board for this purpose, swearing that it
submits itself to the rules of the board and the provisions of
this chapter which the board determines applicable.
(B) Prevent or restrict the practice of speech and hearing
therapy or the use of the official title of such practice by a
person who holds a valid and current license OR CERTIFICATE as a
speech and hearing therapist SCHOOL SPEECH-LANGUAGE PATHOLOGIST OR
SCHOOL AUDIOLOGIST issued by the state board of education UNDER SECTION
3319.22, 3319.222, OR 3319.223 of the Revised Code, to prevent or restrict the
establishment of standards
and courses of study pursuant to Chapter 3319. of the Revised
Code, to prevent or restrict the licensure of
teachers pursuant to Chapter 3319. of the Revised Code, or prevent any person
assigned by or under the control of the superintendent of or board of a city,
local, or exempted village school district or of an educational service
center from identification
screening of speech or hearing impairments of pupils enrolled in
the district or educational service center, provided such persons are
performing activities
within the scope of their employment and do not offer to render
speech-language pathology or audiology services to the general
public outside of the institutions or organizations in which they
are employed.
(C) Prevent or restrict the practice of a person employed
as a speech-language pathologist or audiologist by any agency of
the state or the federal government.
(D) Restrict the activities and services of a student or
intern in speech-language pathology or audiology from pursuing a
course of study leading to a degree in these areas at a college
or university accredited by a recognized regional or national
accrediting body or in one of its cooperating clinical training
facilities, if these activities and services are supervised by a
person licensed in the area of study or certified
by the American
speech-language-hearing association in the area of study and if
the student is designated by a title such as "speech-language
pathology intern," "audiology intern," "trainee," or other such
title clearly indicating the training status.
(E) Prevent a person from performing speech-language
pathology or audiology services when performing these services in
pursuit of the required supervised professional experience as
prescribed in section 4753.06 of the Revised Code and that person
has been issued a conditional license pursuant to section
4753.071 of the Revised Code.
(F) Restrict a speech-language pathologist or audiologist
who holds the certification of the American
speech-language-hearing association, or who is licensed as a
speech-language pathologist or audiologist in another state and
who has made application to the board for a license in this state,
from practicing speech-language pathology or audiology
without a valid license pending the disposition of the application.
(G) Restrict a person not a resident of this state from
offering speech-language pathology or audiology services in this
state if such services are performed for not more than one period
of thirty consecutive calendar days in any year, if the person is
licensed in the state of the person's residence or certified
by the American speech-language-hearing association and files a
statement as prescribed by the board in advance of providing
these services. Such person shall be subject to the rules of the
board and the provisions of this chapter.
(H) Restrict a person licensed under Chapter 4747. of the
Revised Code from engaging in the duties as defined in that
chapter related to measuring, testing, and counseling for the
purpose of identifying or modifying hearing conditions in
connection with the fitting, dispensing, or servicing of a
hearing aid, or affect the authority of hearing aid dealers to
deal in hearing aids or advertise the practice of dealing in
hearing aids in accordance with Chapter 4747. of the Revised
Code.
(I) Restrict a physician from engaging in the practice of
medicine and surgery or osteopathic medicine and surgery or
prevent any individual from carrying out any properly delegated
responsibilities within the normal practice of medicine and
surgery or osteopathic medicine and surgery.
(J) Restrict a person registered or licensed under Chapter
4723. of the Revised Code from performing those acts and
utilizing those procedures that are within the scope of the
practice of professional or practical nursing as defined in
Chapter 4723. of the Revised Code and the ethics of the nursing
profession, provided such a person does not hold self
out CLAIM to the public as TO BE a speech-language
pathologist or audiologist.
(K) Restrict an individual licensed as an audiologist
under this chapter from fitting, selling, or dispensing hearing
aids.
(L) Authorize the practice of medicine and surgery or
entitle a person licensed pursuant to this chapter to engage in
the practice of medicine or surgery or any of its branches.
(M) Restrict a person licensed pursuant to Chapter 4755.
of the Revised Code from performing those acts and utilizing
those procedures that are within the scope of the practice of
occupational therapy or occupational therapy assistant as defined
in Chapter 4755. of the Revised Code, provided the person does
not hold oneself out CLAIM to the public as TO BE
a speech-language pathologist or audiologist.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002.
Section 2. That existing sections 109.572, 173.41, 3701.881, 3712.09,
3721.121, 3722.151, 4753.08, and 4753.12 of the Revised Code are
hereby repealed.
Section 3. Section 3319.223 of the Revised Code is hereby repealed,
effective January 1, 2002.
Section 4. The Legislative Office of Education Oversight shall conduct a study
of the shortage of speech-language pathologists and audiologists available to
treat students in schools. The contents of the study and the methodology to
be used in conducting the study shall be determined by the Office. The Office
shall consult with the Department of Education, the Ohio Board of Regents, and
the Board of Speech-Language Pathology and Audiology. Not later
than December 31, 1998, the Office shall submit to the Governor, Speaker of
the House of Representatives, and President of the Senate a report of its
findings and recommendations.
Section 5. The Ohio Board of Regents shall survey all state universities
listed in
section
3345.011 of the Revised Code, and all private colleges and universities issued
a certificate of authorization under Chapter 1713. of the Revised Code, to (A)
determine their current capacity to educate and train speech-language
pathologists and audiologists and (B) develop strategies for increasing that
capacity to meet
the state's need for school speech-language pathologists and audiologists.
Not later than
December 31, 1998, the Board shall submit to the Governor, the Speaker of the
House of Representatives, and the President of the Senate a report of its
findings and recommendations.
Section 6. The amendment of sections 4753.08 and 4753.12 of the Revised Code
by this act is not intended to supersede the earlier amendment of those
sections by Am. Sub. S.B. 230 of the 121st General Assembly that takes effect
January 1, 2002.
Section 7. Sections 109.572 and 3701.881 of the Revised Code are presented
in
this act as composites of those sections as amended by Am. Sub. H.B. 445, Am.
Sub. H.B. 269, and Am. Sub. S.B. 160 of the 121st General Assembly, with the
new language of none of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
Section 8. The amendments made by this act to sections 109.572,
173.41, 3701.881, 3712.09, 3721.121, and 3722.151 of the Revised
Code do not supersede Section 3 of Am. Sub. S.B. 160 of the
121st General Assembly, which provides that those sections as
amended and enacted by Am. Sub. S.B. 160 apply only to persons who apply
for employment on or after January 27, 1997, the effective date
of Am. Sub. S.B. 160 of the 121st General Assembly.
Section 9. This section applies only to school districts that were unable to
meet the requirements of sections 3313.48, 3313.481, and 3317.01 of the
Revised Code respecting the number of days schools must be open for
instruction because of a fire in the district that rendered one or more
buildings unfit for use. Notwithstanding sections 3317.01, 3313.48, and
3313.481 of the Revised Code, a school district described in this section
shall be deemed to have complied with the requirements of those sections if it
increases the length of the school day by one hour each day for the number of
days equal to the number of days that the district was closed in excess of the
number permitted by sections 3313.48, 3313.481, and 3317.01 of the Revised
Code multiplied by the number of hours required by the Department of Education
in the state minimum standards for the school day.
Section 10. This act is hereby declared to be an emergency measure
necessary
for the immediate preservation of the public peace, health, and safety. The
first reason for such necessity is that the current supply of licensed
speech-language pathologists and audiologists is inadequate to meet the needs
of the state's
school children.
The second reason is that certain
individuals are being denied employment in positions that
involve providing direct care to older adults because
information from the Federal Bureau of Investigation at times is
not available before the end of the 60-day period during which
an individual may be employed conditionally prior to obtaining
the results of a criminal records check.
Therefore, this act shall go into immediate effect.
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