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Sub. S. B. No. 245As Reported by the House Health and Family Services CommitteeAs Reported by the House Health and Family Services Committee
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Wachtmann, Prentiss, Fingerhut, Jacobson, Hagan, Armbruster, Blessing, Brady, DiDonato, Harris, Oelslager, Spada
REPRESENTATIVES D. Miller, Aslanides, Kilbane, Seitz, Gilb, Fessler, McGregor, Sullivan, Raga, Kearns, Jolivette
A BILL
To amend sections 124.32, 124.41, 124.42, 124.50,
503.45, 503.47, 505.38, 709.012, 737.15, 737.16,
737.22, 911.11, 1561.26, 2151.53, 2743.62,
2907.29,
3107.02,
3111.91, 3319.13, 3327.10,
3331.02,
3331.06,
3331.07, 3773.41, 3773.42,
3773.45,
3919.29,
4506.10, 4507.20, 4715.30,
4933.122,
5104.011, and
5503.08 and to enact
sections 1.64
and 5103.0327 of
the Revised Code to
provide that
certain medical
physical examinations
required by
statute may be
performed by physician assistants,
clinical
nurse
specialists,
certified
nurse
practitioners,
and
certified nurse-midwives and to
amend the versions of sections 3327.10, 4506.10,
and 4507.20 of the Revised Code that are scheduled
to take effect January 1, 2004, to continue the
provisions of this act on and after that effective
date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.32, 124.41, 124.42, 124.50,
503.45, 503.47, 505.38, 709.012, 737.15, 737.16, 737.22, 911.11,
1561.26, 2151.53, 2743.62, 2907.29, 3107.02, 3111.91, 3319.13,
3327.10,
3331.02, 3331.06, 3331.07, 3773.41, 3773.42, 3773.45,
3919.29,
4506.10, 4507.20, 4715.30, 4933.122, 5104.011, and
5503.08
be
amended and sections 1.64 and 5103.0327 of the Revised
Code be
enacted to read
as follows:
Sec. 1.64. As used in the Revised Code: (A)
"Certified nurse-midwife" means a registered nurse who
holds a valid certificate of authority issued under Chapter 4723.
of the Revised Code
that authorizes the practice of nursing as a
certified
nurse-midwife in
accordance with section 4723.43 of the
Revised
Code and rules adopted by the board of nursing. (B)
"Certified nurse practitioner" means a registered nurse
who holds a valid certificate of authority issued under Chapter
4723. of the Revised Code that authorizes the practice of nursing
as a certified
nurse
practitioner in accordance with section
4723.43 of the
Revised Code and rules adopted by the board of
nursing. (C) "Clinical nurse specialist" means a registered nurse who
holds a valid certificate of authority issued under Chapter 4723.
of the Revised Code that authorizes the practice of nursing as a
clinical nurse specialist in accordance with section 4723.43 of
the Revised Code and rules adopted by the board of nursing.
(D) "Physician assistant" means an individual who holds a
valid certificate of authority issued under Chapter 4730. of the
Revised Code authorizing the individual to provide services as a
physician assistant to patients under the supervision and
direction of one or more physicians.
Sec. 124.32. (A) With the consent of the director of
administrative services, a person holding an office or position
in
the classified service may be transferred to a similar
position in
another office, department, or institution having the
same pay and
similar duties; but no transfer shall be made from
an office or
position in one class to an office or position in
another class,
nor shall a person be transferred to an office or
position for
original entrance to which there is required by
sections 124.01 to
124.64 of the Revised Code, or the rules
adopted pursuant to such
sections, an examination involving
essential tests or
qualifications or carrying a salary different
from or higher than
those required for original entrance to an
office or position held
by such person. (B) Any person holding an office or position under the
classified service who has been separated from the service
without
delinquency or misconduct on the person's part may,
with the
consent of the director, be reinstated within one year from the
date of such separation to a vacancy in the same or similar
office
or position in the same department; provided, if such
separation
is due to injury or physical disability, such person
shall be
reinstated to the same office or similar position
held at the time
of separation, within thirty days after
written application for
reinstatement and after passing a
physical examination made by a
licensed physician
designated by
the appointing authority,
a
physician assistant, a
clinical nurse specialist, a certified
nurse practitioner, or a
certified
nurse-midwife
showing that the
person has recovered from
such
disability,
provided further that
such application for
reinstatement be filed
within three years
from the date of
separation, and further
provided that such
application shall not
be filed after the date
of service
eligibility retirement.
The
physician, physician assistant,
clinical nurse
specialist, certified nurse
practitioner, or
certified nurse-midwife shall be designated by
the appointing
authority and shall complete any written documentation of the
physical examination.
Sec. 124.41. No person shall be eligible to receive an
original appointment to a police department, as a police officer,
subject
to the civil service laws of
this state,
unless the person
has reached the age of twenty-one and has,
not more
than one
hundred twenty days prior to the date of such
appointment, passed
a physical examination, given by a licensed
physician,
a physician
assistant, a clinical
nurse specialist, a certified nurse
practitioner, or a certified
nurse-midwife, certifying
that the
applicant is free of
cardiovascular and pulmonary
diseases, and
showing that
the
applicant meets the physical
requirements
necessary to perform the
duties
of a police officer
as established
by
the civil service
commission having jurisdiction
over the
appointment. The
appointing authority shall, prior to
making any
such appointment,
file with the Ohio police and fire
pension fund
a
copy of the
report or findings of the licensed
physician,
physician assistant, clinical nurse
specialist, certified nurse
practitioner, or certified
nurse-midwife. The
professional fee
for such physical examination
shall be paid by
the civil service
commission. Except as
otherwise provided in
this section, no
person is eligible to
receive an original
appointment when the
person is thirty-five
years of age or
older, and no
person can be
declared disqualified
as over age prior to that
time. The maximum
age limitation
established by this section
does not apply to a
city in which an
ordinance establishes a
different maximum age
limitation for an
original appointment to
the police department or
to a civil
service township in which a
resolution adopted by the
board of
trustees of the township
establishes a different maximum
age
limitation for an original
appointment to the police
department. Nothing in this section shall prevent a municipal
corporation
or a civil service township from establishing a
police cadet
program and employing persons as police cadets at
age eighteen for
the purposes of training persons to become
police officers. The
board of
trustees of a civil
service township may establish by
resolution such a cadet
program. A person participating in a
municipal or township
police cadet program shall not be permitted
to carry or use any
firearm in the performance of the person's
duties, except
that the person may be taught the proper use of
firearms as
part of the person's training.
Sec. 124.42. No person shall be eligible to receive an
original appointment as a firefighter in a fire
department,
subject to
the civil service laws of this state, unless the person
has
reached the
age of eighteen and has, not more than one hundred
twenty days
prior to receiving such appointment, passed a physical
examination, given by a licensed physician, a pysician assistant,
a clinical nurse
specialist, a certified nurse practitioner, or a
certified
nurse-midwife,
certifying that the
applicant is free of
cardiovascular and
pulmonary diseases, and
showing that the person
meets the physical
requirements
necessary
to
perform the duties of
a firefighter as
established by
the civil
service commission
having jurisdiction
over the appointment. The
appointing
authority shall, prior to
making any such appointment,
file with
the Ohio police and
fire
pension fund a
copy of the
report or
findings of said licensed
physician, physician assistant, clinical
nurse
specialist,
certified nurse
practitioner, or certified
nurse-midwife. The
professional fee
for such physical
examination
shall be paid by
the civil service
commission. No
person shall be
eligible to
receive an original
appointment on and
after the
person's
thirty-first birthday. Notwithstanding this section, a municipal council may enact
an ordinance providing that a person between the age of eighteen
and thirty-six may receive an original appointment to the fire
department, or the board of trustees of a civil service township
may do so by resolution. Nothing in this section shall prevent a
municipal corporation or civil service township from establishing
a fire cadet program and employing persons as fire cadets at age
eighteen for the purpose of training persons to become
firefighters. The
board of trustees of a civil service
township
may
establish by resolution such a cadet program. A person
participating in a municipal or township fire cadet program shall
not be permitted to carry or use any firearm in the performance
of
the person's duties.
Sec. 124.50. Any person holding an office or position
under
the classified service in a fire department or a police
department
who is separated therefrom due to injury or physical
disability
incurred in the performance of duty shall be
reinstated
immediately, or one suffering injury or physical
disability
incurred other than in the performance of duty may be
reinstated,
upon filing with the chief of the fire department or
the chief of
the police department, a written application for
reinstatement, to
the office or position
he held at the time of
such separation,
after passing a physical examination showing
that
he
the person
has recovered from the injury or other
physical
disability. The
physical examination shall be made by a licensed
physician
designated by the firemen's pension board or the policemen's
pension
board,
a physician assistant, a clinical nurse specialist,
a certified nurse
practitioner, or
a certified nurse-midwife
within two weeks after
application for
reinstatement
has been
made, provided such
application for
reinstatement is
filed within
five years from the
date of
separation from the
department, and
further provided that
such
application shall not
be filed after
the date of service
eligibility retirement.
The
physician,
physician assistant, clinical nurse specialist,
certified nurse
practitioner, or certified nurse-midwife shall be
designated by
the firefighters' pension
board or the police
officers' pension
board and shall complete any written documentation of the physical
examination. Any person holding an office or position under the
classified
service in a fire department or a police department,
who resigns
therefrom, may be reinstated to the rank of
fireman
firefighter
or
policeman
police officer, upon the filing of a
written
application
for
reinstatement with the municipal or civil service
township
civil
service commission and a copy thereof with the
chief of the
fire
department or chief of the police department,
and upon
passing a
physical examination disclosing that the person
is
physically fit
to perform the duties of the office of
fireman
firefighter or
policeman
police officer, the application for
reinstatement
shall be filed within one year from
the date of
resignation. Any person reinstated pursuant to the
authority of
this paragraph shall not receive credit for
seniority earned prior
to resignation and reinstatement, and
shall not be entitled to
reinstatement to a position above the
rank of
fireman
regular
firefighter or
patrolman
patrol officer, regardless of the
position
the person may have held at
the time of
his resignation.
Sec. 503.45. If a board of township trustees has adopted a
resolution under section 503.41 of the Revised Code, the
application for a license as a
masseur or masseuse
massager
shall
be made
to the board and shall include the following: (A) An initial, nonrefundable filing fee of one hundred
dollars and an annual nonrefundable renewal fee of fifty dollars; (B) The results of a physical examination performed by a
licensed physician, a physician assistant, a clinical nurse
specialist, a certified
nurse
practitioner, or a certified
nurse-midwife within thirty days of
the
application
certifying
that the applicant is free from
communicable diseases; (C) The full name, date of birth, address, and social
security number of the applicant; (D) The results of an investigation by appropriate police
agencies into the criminal record of the applicant, including a
photograph taken no later than thirty days prior to the
application, fingerprints, and background investigation; (E) Any other information determined by the board to be
necessary. A license issued under this section to a
masseur or
masseuse
massager shall expire one year after the date of issuance,
except
that no
masseur or masseuse
massager shall be required to
discontinue
performing massages because of the failure of the
board to act on
a renewal application filed in a timely manner and
pending before
the board on the expiration date of the person's
license. Each
license shall contain the full name of the
applicant, a color
photograph and a brief description of the
person, and the
expiration date of the license.
Sec. 503.47. If a board of township trustees has adopted a
resolution under section 503.41 of the Revised Code, the
regulations adopted for that purpose may require any of the
following: (A) A massage establishment to display its current permit
in
an area open to the public; (B) Each
masseur or masseuse
massager to display
his or
her
the massager's license
at all times in the areas where the
licensee is providing
massages; (C) Massage establishments to undergo periodic health and
safety inspections to determine continual compliance with
applicable health and safety codes; (D)
Masseurs and masseuses
Massagers to undergo periodic
physical
examinations performed by a licensed physician, a
physician assistant, a
clinical nurse specialist, a certified
nurse practitioner, or a
certified
nurse-midwife
certifying that
the
masseur or masseuse
massager
continues to be
free from
communicable
diseases; (E) Any other requirement reasonably thought necessary by
the board.
Sec. 505.38. (A) In each township or fire district that
has
a fire department, the head of
the department shall be
a
fire
chief, appointed by the board of township trustees, except
that,
in a joint fire district, the fire chief shall be
appointed
by the
board of fire district trustees.
Neither this section
nor any
other section of the Revised Code requires, or shall be construed
to require,
that the fire chief be a resident of
the township or
fire district. The board shall provide
for the employment of
firefighters
as it
considers best and shall fix their
compensation. No person
shall be
appointed as a permanent
full-time paid member, whose
duties include
fire
fighting, of the fire department of any
township or fire district
unless
that person has received a
certificate issued under
former
section 3303.07 or section 4765.55
of the Revised Code
evidencing
satisfactory completion of a
firefighter
training
program.
Those appointees shall continue in
office until
removed
from office as provided by sections 733.35
to
733.39
of the Revised Code. To
initiate removal proceedings,
and
for
that purpose, the
board
shall designate the fire chief or
a private citizen to
investigate the conduct and prepare the
necessary charges in
conformity with sections 733.35 to 733.39 of
the Revised Code. In case of the removal of a fire chief or any member of the
fire department of a township or
fire district, an appeal may be
had
from the decision of the board to the court of common pleas of
the county in which
the township or
fire district
fire
department
is
situated to determine the sufficiency of the cause
of removal.
The appeal from the findings of the board shall
be taken
within
ten days. No person who is appointed as a volunteer
firefighter of the
fire department of any township or fire district
shall remain in
that position
unless either of the
following applies: (1) Within one year
of the appointment, the person has
received
a certificate issued under
former section 3303.07 of the
Revised Code or division (C)(1) or (2)
of section 4765.55 of the
Revised Code
evidencing satisfactory completion of a
firefighter
training program. (2) The person began serving as a permanent full-time paid
firefighter with the fire department of a city or village
prior to
July 2, 1970, or as a
volunteer firefighter with the fire
department of a city,
village, or other township or fire district
prior to
July 2, 1979, and receives a certificate issued under
division
(C)(3) of section 4765.55 of
the Revised Code. No person shall receive an appointment under this section,
in
the case of a volunteer
firefighter, unless
the person has, not
more than
sixty days prior to receiving
the
appointment, passed a
physical examination, given by a
licensed
physician, a physician
assistant, a clinical
nurse specialist, a certified nurse
practitioner, or a certified
nurse-midwife, showing that
the
person meets the physical
requirements
necessary to perform
the
duties of the position to
which the
person is appointed as
established by the board of
township trustees
having jurisdiction
over the appointment. The
appointing authority
shall, prior to
making
an
appointment, file
with the
Ohio police
and fire pension
fund
or
the local volunteer
fire fighters'
dependents
fund board a
copy of
the report or
findings
of
that licensed physician,
physician assistant,
clinical nurse specialist,
certified nurse
practitioner, or certified nurse-midwife. The
professional fee
for
the
physical examination shall be paid
for
by the board of
township
trustees. (B) In each township not having a fire department, the
board
of
township trustees shall appoint a fire prevention officer who
shall exercise all of the duties of a fire chief except those
involving the maintenance and operation of fire apparatus. The
board of
township trustees may appoint one or more deputy fire
prevention
officers who shall exercise the duties assigned by
the
fire
prevention officer. The board of
township trustees may fix
the
compensation
for
the
fire prevention officer and the fire prevention
officer's
deputies as it considers best.
The board of
township trustees
shall appoint each fire prevention
officer
and deputy for a
one-year term. An appointee may be reappointed
at the end of a
term to another one-year term. Any appointee may
be removed from
office during a term as provided by sections
733.35 to 733.39 of
the Revised Code.
Section
505.45 of the
Revised Code
extends to
those officers. (C) Division (A) of this section shall not apply to any
township
that has a population of ten thousand or more
persons
residing within the township and outside of any municipal
corporation,
that has its own fire department employing
ten
or
more full-time paid employees, and
that has a civil
service
commission established under division (B) of section
124.40 of
the
Revised Code.
The township shall comply with
the
procedures
for
the employment, promotion, and discharge of
firefighters provided
by Chapter 124. of the Revised Code, except
that
the board of
township trustees of the township may appoint
the fire
chief, and
any person so appointed shall be in the
unclassified
service under
section 124.11 of the Revised Code and
shall serve
at the pleasure
of the board.
Neither this section
nor
any other section
of the
Revised Code requires, or shall be
construed to require,
that the
fire chief be a resident of the
township. A person
who
is
appointed fire chief
under these
conditions
and who is removed by
the board or
resigns
from the
position is entitled to return to
the classified service
in the
township fire department in the
position held just
prior to the
appointment as fire chief. The
board of township
trustees shall
determine the number of personnel
required and
establish salary
schedules and conditions of
employment not in
conflict with
Chapter 124. of the Revised Code.
No person shall
receive an
original appointment as a permanent
full-time paid
member of the
fire department of
the township
unless the
person has
received a certificate issued under former
section 3303.07
or
section 4765.55 of the Revised Code evidencing
the
satisfactory
completion of a firefighter
training program.
Persons employed as
firefighters in
the township on the date a
civil service
commission is appointed pursuant to division (B) of
section 124.40
of the Revised Code shall, without being required
to pass a
competitive examination or a firefighter training
program, retain
their employment and any rank previously granted
them by action of
the
board of township trustees or otherwise, but
those
persons are eligible for promotion only by compliance with
Chapter
124. of the Revised Code.
Sec. 709.012. When a municipal corporation annexes
township
territory which results in a reduction of the
firefighting force
of the township or joint township fire
district, the reduction
shall be made by dismissal of
firefighters in the inverse order of
seniority, with the employee with
least time
of service being
dismissed first. The annexing municipal
corporation shall offer
employment in the inverse order of
dismissal by the township to
such firefighters if a
vacancy exists in
the municipal fire
department and if they: (A) Were full-time paid active members of the township or
joint township firefighting force for at least six months prior
to
dismissal and have made application to the municipal
corporation
within sixty days after the effective date of
dismissal; (B) Have passed a physical examination as prescribed by
the
physician of the annexing municipal corporation and meet the
requirements necessary to perform firefighting duties; (C) Meet minimum standards of the municipal corporation
with
respect to moral character, literacy, and ability to
understand
oral and written instructions as determined by an
interview
conducted by the fire department of the municipal
corporation.
The
applicant shall be at least twenty-one years of
age on the
date of
application. (D) Are able to qualify for membership in the Ohio police
and
fire pension fund.
A physical examination required by division (B) of this
section may be conducted by any individual authorized by the
Revised Code to conduct physical examinations, including a
physician assistant, a
clinical nurse specialist, a certified
nurse practitioner, or a
certified
nurse-midwife. Any written
documentation of the physical examination shall be completed by
the individual who administered the examination. If no vacancy exists in the municipal fire department at
the
time of the application referred to in division (A) of this
section, the application shall be held until a vacancy occurs.
When such a vacancy occurs, the applicant shall be entitled to
employment in accordance with the requirements of divisions (A),
(B), (C), and (D) of this section. So long as any application
for
employment has been made and is being held under this
section, the
municipal corporation shall not fill any vacancy in
its fire
department by original appointment. If there are
individuals who
are entitled to reinstatement in the municipal
fire department and
the vacancies therein are insufficient to
permit both such
reinstatements and employment of all those
applying for employment
under division (A) of this section, the
persons having the
greatest length of service, whether with the
municipal or township
fire department, shall be entitled to fill
the vacancies as they
occur. A person employed under this section, upon acceptance
into
the municipal fire department, shall be given the rank of
"firefighter" and entitled to full seniority credit for prior
service in the township or joint township fire district. The
person shall be entitled to the same salary, future benefits,
vacations,
earned time, sick leave, and other rights and
privileges as the
municipal fire department extends to other
employees with the
same amount of prior service. The person may
take
promotional
examinations only after completion of one year of
service with
the municipal fire department and after meeting any
applicable
civil service requirements for such examination. Compliance with this section is in lieu of compliance with
section 124.42 of the Revised Code or any other requirements for
original appointment to a municipal fire district.
Sec. 737.15. Each village shall have a marshal, designated
chief of police, appointed by the mayor with the advice and
consent of the legislative authority of the village, who need not
be a resident of the village at the time of appointment but
shall
become a resident thereof within six months after
appointment by
the mayor and confirmation by the legislative
authority unless
such residence requirement is waived by
ordinance, and who shall
continue in office until removed
therefrom as provided by section
737.171 of the Revised Code. No person shall receive an appointment under this section
after January 1, 1970, unless, not more than sixty days prior to
receiving such appointment, the person has passed a physical
examination,
given by a licensed physician,
a physician assistant,
a clinical nurse
specialist, a certified nurse practitioner, or a
certified
nurse-midwife, showing
that the
person meets
the
physical
requirements necessary to
perform the
duties of village
marshal
as
established by the
legislative
authority of the
village. The
appointing authority
shall, prior
to making any such
appointment,
file with the Ohio
police and fire
pension fund a
copy of the
report or findings of
said licensed
physician,
physician assistant, clinical nurse
specialist, certified
nurse
practitioner, or certified
nurse-midwife. The
professional
fee
for such physical examination
shall be paid for
by such
legislative authority.
Sec. 737.16. The mayor shall, when provided for by the
legislative authority of a village, and subject to its
confirmation, appoint all deputy marshals, police
officers, night
guards, and special
police officers. All such officers shall
continue in office until removed therefrom for the
cause and in
the manner provided by section 737.19 of the Revised Code. No person shall receive an appointment under this section
after January 1, 1970, unless the person has, not more than
sixty
days
prior to receiving such appointment, passed a physical
examination, given by a licensed physician,
a physician assistant,
a clinical nurse
specialist, a certified nurse practitioner, or a
certified
nurse-midwife, showing
that the
person meets the
physical
requirements necessary to
perform the
duties of
the
position to
which the person is to be
appointed as
established by
the
legislative authority of the
village. The
appointing
authority
shall, prior to making any such
appointment,
file with
the
Ohio
police
and fire pension fund a
copy of the
report or
findings of
said licensed physician, physician assistant,
clinical
nurse
specialist, certified
nurse practitioner, or
certified
nurse-midwife. The professional
fee
for such physical
examination
shall be paid for by the
legislative
authority.
Sec. 737.22. (A) Each village establishing a fire
department
shall have a fire chief as the
department's head,
appointed by the
mayor with the advice and consent of the
legislative authority of
the village, who shall continue in office
until removed
from office as provided
by sections 733.35
to
733.39 of the Revised Code.
Neither this section nor
any other
section of the Revised Code requires, or shall be construed to
require, that the
fire chief be a resident of the village. In each village not having a fire department, the mayor
shall, with the advice and consent of the legislative authority
of
the village, appoint a fire prevention officer who shall
exercise
all of the duties of a fire chief except those involving
the
maintenance and operation of fire apparatus. The legislative authority of the village may fix
the
compensation
it
considers best.
The appointee
shall
continue in
office until removed
from office as provided
by
sections
733.35
to 733.39 of the Revised Code.
Section 737.23 of the Revised Code
shall
extend to
the officer. (B) The legislative authority of the village may provide for
the appointment of
permanent full-time paid firefighters as it
considers best and fix their
compensation, or for the
services of
volunteer
firefighters, who shall be
appointed by the
mayor with
the advice and consent of the
legislative authority,
and shall
continue in office until removed
from office. (1) No person shall be appointed as
a permanent full-time
paid firefighter of a village fire
department, unless either of
the following applies: (a) The person has received a certificate issued
under
former section 3303.07 of the Revised Code or division (C)(1) or
(2) of
section 4765.55 of the Revised Code evidencing satisfactory
completion of a firefighter training program. (b) The person began serving as a permanent full-time
paid
firefighter with the fire department of a city or other
village
prior to July 2,
1970, and receives a certificate issued under
division (C)(3) of
section 4765.55 of the Revised Code. (2) No person who is appointed as a volunteer
firefighter of
a
village fire department
shall remain in
that position, unless
either of the following applies: (a) Within one year of the appointment,
the person has
received a certificate issued under former
section 3303.07 or
section 4765.55 of the Revised Code evidencing satisfactory
completion of a firefighter training
program. (b) The person has served as a
permanent full-time paid
firefighter with the fire department of
a city or other village
prior to
July 2, 1970, or as a volunteer
firefighter with the fire
department of a city, township, fire
district, or other village
prior to
July 2, 1979, and receives a certificate issued
under
division (C)(3) of section 4765.55 of the
Revised Code. (3) No person shall receive an appointment under this
section
unless the
person has, not more than
sixty days
prior to
receiving
the appointment, passed a
physical
examination, given
by a licensed physician,
a physician assistant, a clinical nurse
specialist, a
certified
nurse practitioner, or a certified
nurse-midwife, showing that
the
person meets the
physical
requirements necessary to perform
the
duties of
the
position to
which the person is to be appointed
as
established by
the
legislative authority of the village. The
appointing
authority
shall, prior to making
an
appointment, file
with the
Ohio police
and fire pension fund
or
the local volunteer
fire
fighters'
dependents
fund board a copy of
the report or
findings
of
that
licensed physician, physician assistant, clinical nurse
specialist,
certified nurse practitioner, or certified
nurse-midwife. The
professional fee for
the
physical examination
shall be paid
for
by
the
legislative
authority
of the village.
Sec. 911.11. The director of agriculture may require any
person intending to
work or working in a bakery to submit to a
thorough examination for the
purpose of ascertaining whether the
person is afflicted with any contagious,
infectious, or other
disease or physical ailment, which may render employment
detrimental to the public health. All such examinations shall be
made by a
qualified physician certified under section 4731.14 of
the Revised Code, by a physician assistant, by a clinical nurse
specialist, by a
certified
nurse practitioner, or by a certified
nurse-midwife. Any written documentation of the examination shall
be completed by the individual who did the examination.
Sec. 1561.26. (A) As used in this section,
"EMT-basic,"
"EMT-I," and
"paramedic" have the same meanings as in section
4765.01
of the
Revised Code. (B) The superintendent of rescue stations, with the approval
of
the chief of the division of mineral resources
management,
shall, at each rescue station
provided for in section 1561.25 of
the Revised Code, train and
employ rescue crews of six members
each, one of whom shall hold a
mine foreperson or fire boss
certificate and be
designated captain,
and train and employ any
number of such rescue crews as the
superintendent believes
necessary. One member of a rescue crew shall be
certified as an
EMT-basic, EMT-I, or
paramedic. Each member of a
rescue crew
shall devote the time specified by the chief each
month for
training purposes and shall be available at all times
to assist in
rescue work at explosions, mine fires, and other
emergencies.
A captain of mine rescue crews shall receive for
service as
captain the sum of twenty-four dollars per month, and
each
member
shall receive the sum of twenty dollars per month, all
payable on
requisition approved by the chief. When engaged in
rescue work at
explosions, mine fires, or other emergencies away
from their
station, the members of the rescue crews and captains
of the same
shall be paid the sum of six dollars per hour for
work on the
surface, which includes the
time
consumed by
those members in
traveling to and from the scene of
the emergency when
the scene
is away from the station of
the members, and the
sum of seven
dollars per hour for all work
underground at
the
emergency, and
in addition thereto, the
necessary living expenses
of
the members
when
the emergency is
away from their
home station, all payable
on requisition approved
by the chief.
Each member of a mine rescue crew shall undergo an annual
medical examination
by a doctor designated by the. The chief
may
designate to perform an examination any individual authorized by
the Revised Code to do so, including a physician assistant, a
clinical nurse specialist,
a certified nurse practitioner, or a
certified nurse-midwife. In
designating
the
doctor
individual to
perform a medical
examination, the chief
shall
choose one near the
station of the
member of
the rescue
crews.
The
doctor
examiner
shall
report the
doctor's findings
examination
results to the
chief and
if, in the
opinion
of the
chief,
the
report indicates
that
the
member is
physically
unfit
for further
services, the
chief shall
relieve the
member
from
further duty.
The fee charged
by
the
doctor
examiner
for
the
examination shall
be paid in the
same manner
as fees are
paid to
doctors employed by
the industrial
commission
for special
medical
examinations.
The chief may remove any member of a rescue crew for any
reason. Such crews
shall be subject to the orders of the chief,
the superintendent, and the
deputy mine inspectors when engaged in
actual mine rescue work.
Mine rescue crews shall, in case of
death or injury when engaged in rescue
work, wherever the same may
occur, be paid compensation, or their
dependents shall be paid
death benefits, from the workers'
compensation fund, in the same
manner as other employees of the
state. (C) In addition to the training of rescue crews, each
assistant
superintendent of rescue stations, with the approval of
the
superintendent, shall provide for and conduct safety, first
aid,
and rescue classes at any mine or for any group of miners who
make application for the conducting of such classes.
The chief may
assess a fee for safety and first aid classes for the purpose of
covering the costs associated with providing those classes. The
chief shall establish a fee schedule for safety and first aid
classes by rule adopted in accordance with Chapter 119. of the
Revised Code. Fees collected under this section shall be
deposited in the surface mining fund created in section 1514.06 of
the Revised Code. The superintendent shall prescribe and provide for a
uniform
schedule of conducting such safety and rescue classes as
will
provide a competent knowledge of modern safety and rescue
methods
in, at, and about mines.
Sec. 2151.53. Any person coming within sections 2151.01 to
2151.54,
inclusive, of the Revised Code, may be subjected to a
physical
and mental
examination by competent physicians,
physician
assistants, clinical
nurse specialists, and certified nurse
practitioners, and a mental
examination by competent
psychologists,
and psychiatrists, and
clinical nurse specialists
that practice the specialty of mental
health or psychiatric mental
health to be
appointed by the
juvenile court. Whenever
any child
is committed to any
institution by virtue of such
sections, a
record of such
examinations shall be
sent with the
commitment to
such
institution. The compensation of such
physicians,
physician
assistants, clinical nurse
specialists, certified nurse
practitioners, psychologists, and
psychiatrists and the expenses
of such
examinations shall be paid
by the county treasurer upon
specifically itemized
vouchers,
certified by the juvenile judge.
Sec. 2743.62. (A)(1) Subject to division
(A)(2) of this
section, there is no privilege, except the
privileges arising from
the attorney-client relationship, as to
communications or records
that are relevant to the physical,
mental, or emotional condition
of the claimant or victim in a
proceeding under sections 2743.51
to 2743.72 of the Revised Code
in which that condition is an
element. (2)(a) Except as specified in division
(A)(2)(b) of this
section, any record or report that a judge of
the court of claims,
a
court of claims panel of commissioners, or the attorney
general
has obtained prior to, or obtains on or after, June
30, 1998,
under the
provisions of sections 2743.51 to 2743.72
of
the Revised
Code and that is confidential
or otherwise exempt from public
disclosure under section 149.43 of the
Revised Code
while in the
possession of the creator of the record or report shall remain
confidential or exempt from public disclosure under section 149.43
of the
Revised Code
while in the possession of the court of claims
or the attorney general. (b) Notwithstanding division (A)(2)(a)
of this section, a
judge of the court of claims, a
panel of
commissioners, a
claimant, a claimant's attorney, or
the attorney general may
disclose
or refer to records or reports described in that division
in any hearing
conducted under sections 2743.51 to 2743.72 of the
Revised Code or in the
judge's, panel of commissioners',
claimant's, or
attorney general's written pleadings, findings,
recommendations, and
decisions. (B) If the mental, physical, or emotional condition of a
victim or claimant is material to a claim for an award of
reparations, the attorney
general, a panel of commissioners, or a
judge of the
court of claims
may order the victim or claimant to
submit to a mental or
physical examination
by a physician or
psychologist and may
order an autopsy of a deceased victim. The
order may be made for
good cause shown and upon notice to the
person to be examined and
to the claimant. The order shall
specify the time, place, manner, conditions, and scope of the
examination or autopsy and the person by whom it is to be made
and. In the case of a mental examination, the person specified may
be a physician or psychologist. In the case of a physical
examination, the person specified may be a physician, a physician
assistant, a clinical
nurse specialist, a certified nurse
practitioner, or a certified
nurse-midwife. In the case
of an
autopsy, the person specified
must be a physician. The
order
shall require the person who
performs the examination or
autopsy
to file with the attorney
general a detailed
written
report of the
examination or autopsy.
The report shall
set out
the findings,
including the results of
all tests made,
diagnoses,
prognoses, and
other conclusions and
reports of
earlier
examinations of the same
conditions. (C) On request of the person examined, the attorney general
shall
furnish the person a copy of
the report. If the
victim is
deceased, the attorney
general, on request,
shall furnish the
claimant a copy of the report. (D) The attorney general, a
panel of commissioners, or a
judge of the court of claims may
require the claimant to
supplement the application for an award
of reparations with any
reasonably available medical or
psychological reports relating to
the injury for which the award
of reparations is claimed. (E) The attorney general, a
panel of
commissioners, or a
judge of the court of
claims, in a claim arising out of
a
violation of any provision of sections 2907.02 to 2907.07
of the
Revised Code, shall not request the victim or the claimant to
supply, or permit any person to supply, any evidence of specific
instances of the victim's sexual activity, opinion evidence of
the
victim's sexual activity, or reputation evidence of the
victim's
sexual activity unless it involves evidence of the
origin of
semen, pregnancy, or disease or evidence of the
victim's past
sexual activity with the offender and only to the
extent that the
judge, the panel of commissioners,
or the attorney general
finds
that the evidence is relevant to a fact at issue in the
claim.
Sec. 2907.29. Every hospital of this state that offers
organized emergency services shall provide that a physician, a
physician assistant, a
clinical nurse specialist, a certified
nurse practitioner, or a
certified nurse-midwife is
available on
call twenty-four hours
each day for the examination
of persons
reported to any law
enforcement agency to be victims
of
sexual
offenses cognizable as
violations of any provision of
sections
2907.02 to 2907.06 of the
Revised Code. The physician,
physician
assistant, clinical nurse specialist,
certified
nurse
practitioner, or certified nurse-midwife, upon
the
request
of any
peace officer or prosecuting
attorney and with
the
consent
of the
reported victim or upon
the request of the
reported
victim,
shall
examine the person for
the purposes of
gathering
physical
evidence
and shall complete any written documentation of the physical
examination. The public
health
council shall
establish
procedures
for gathering evidence
under
this section. Each reported victim shall be informed of available
venereal
disease, pregnancy, medical, and psychiatric services. Notwithstanding any other provision of law, a minor may
consent to examination under this section. The consent is not
subject to disaffirmance because of minority, and consent of the
parent, parents, or guardian of the minor is not required for
an
examination under this section. However, the hospital
shall give
written notice to the parent, parents, or guardian of a minor that
an examination under this section has taken place. The parent,
parents, or
guardian of a minor giving consent under this section
are not liable for
payment for any services provided under this
section without
their consent.
Sec. 3107.02. (A) Any minor may be adopted. (B) An adult may be adopted under any of the following
conditions: (1) If the adult is totally and permanently disabled; (2) If the adult is determined to be a mentally retarded
person
as defined in section 5123.01 of the Revised Code; (3) If the adult had established a child-foster
caregiver or
child-stepparent relationship with the petitioners as a minor,
and
the adult consents to the adoption. (C) When proceedings to adopt a minor are initiated by the
filing of a petition, and the eighteenth birthday of the minor
occurs prior to the decision of the court, the court shall
require
the person who is to be adopted to submit a written
statement of
consent or objection to the adoption. If an
objection is
submitted, the petition shall be dismissed, and if a
consent is
submitted, the court shall proceed with the case, and
may issue an
interlocutory order or final decree of adoption.
(D) Any physical examination of the individual to be
adopted
as part of or in contemplation of a petition to adopt may
be
conducted by any health professional authorized by the Revised
Code to perform physical examinations, including a physician
assistant, a
clinical nurse
specialist, a certified nurse
practitioner, or a certified
nurse-midwife. Any written
documentation of the physical examination shall be completed by
the healthcare professional who conducted the examination.
Sec. 3111.91. (A) In a non-spousal artificial
insemination, fresh or frozen semen may be used, provided that
the
requirements of division (B) of this section are satisfied. (B)(1) A physician, physician assistant, clinical nurse
specialist, certified
nurse practitioner, certified nurse-midwife,
or person under the
supervision and
control of a physician may use
fresh semen for
purposes of a
non-spousal artificial insemination,
only if within
one year
prior
to the supplying of the semen,
a
all
of the
following occurred: (a) A complete medical history
of the donor, including, but
not limited to, any available
genetic history of the donor, was
obtained by a physician,
the
a physician assistant, a clinical
nurse specialist, or a
certified nurse practitioner. (b) The donor had a physical examination by a physician,
and
the
a physician assistant, a clinical nurse specialist, or a
certified nurse
practitioner. (c) The donor
was tested for blood type and RH factor. (2) A physician, physician assistant, clinical nurse
specialist, certified nurse
practitioner, certified nurse-midwife,
or person under the
supervision and
control
of a physician may use
frozen semen for
purposes of a
non-spousal
artificial insemination
only if all the
following
apply: (a) The requirements set forth in division (B)(1) of this
section are satisfied; (b) In conjunction with the supplying of the semen, the
semen or blood of the donor was the subject of laboratory studies
that the physician involved in the non-spousal artificial
insemination considers appropriate. The laboratory studies may
include, but are not limited to, venereal disease research
laboratories, karotyping, GC culture, cytomegalo, hepatitis,
kem-zyme, Tay-Sachs, sickle-cell, ureaplasma, HLTV-III, and
chlamydia. (c) The physician involved in the non-spousal artificial
insemination determines that the results of the laboratory
studies
are acceptable results.
(3) Any written documentation of a physical examination
conducted pursuant to division (B)(1)(b) of this section shall be
completed by the individual who conducted the examination.
Sec. 3319.13. Upon the written request of a teacher or a
regular nonteaching
school employee, a board of education may
grant a leave of absence for a
period of not more than two
consecutive school years for educational,
professional, or other
purposes, and shall grant such leave where illness or
other
disability is the reason for the request. Upon subsequent
request, such
leave may be renewed by the board. Without request,
a board may grant similar
leave of absence and renewals thereof to
any teacher or regular nonteaching
school employee because of
physical or mental disability, but such teacher may
have a hearing
on such unrequested leave of absence or its renewals in
accordance
with section 3319.16 of the Revised Code, and such nonteaching
school employee may have a hearing on such unrequested leave of
absence or its
renewals in accordance with division (C) of section
3319.081 of the Revised
Code. Upon the return to service of a
teacher or a nonteaching school
employee at the expiration of a
leave of absence, the teacher or
nonteaching school employee shall
resume the contract status that the teacher
or nonteaching school
employee held prior to the leave of absence. Any
teacher who
leaves a teaching position for service in the uniformed services
and who returns from service in the uniformed services that is
terminated in a
manner other than as described in section 4304 of
Title 38 of the United
States Code, "Uniformed Services Employment
and Reemployment Rights Act of
1994," 108 Stat. 3149, 38 U.S.C.A.
4304, shall resume the contract status held
prior to entering the
uniformed services, subject to passing a physical
examination
by
an individual authorized by the Revised Code to conduct physical
examinations, including a physician assistant, a clinical nurse
specialist, a certified
nurse practitioner, or a certified
nurse-midwife. Any written documentation of the physical
examination shall be completed by the individual who conducted the
examination. Such contract
status
shall be resumed at the
first
of the school
semester or the
beginning of the school year
following return from the
uniformed
services. For purposes of
this section and section 3319.14 of the
Revised Code, "uniformed
services" and "service in the uniformed
services"
have the same
meanings as defined in section 5903.01 of
the Revised Code. Upon the return of a nonteaching school employee from a leave
of absence, the
board may terminate the employment of a person
hired exclusively for the
purpose of replacing the returning
employee while the returning employee was
on leave. If, after the
return of a nonteaching employee from leave, the
person employed
exclusively for the purpose of replacing an employee while the
employee was on leave is continued in employment as a regular
nonteaching
school employee or if the person is hired by the board
as a regular
nonteaching school employee within a year after
employment as a replacement is
terminated, the person shall, for
purposes of section 3319.081 of the Revised
Code, receive credit
for the person's length of service with the school
district during
such replacement period in the following manner: (A) If employed as a replacement for less than twelve
months, the person
shall be employed under a contract valid for a
period equal to twelve months
less the number of months employed
as a replacement. At the end of such
contract period, if the
person is reemployed it shall be under a two-year
contract.
Subsequent reemployment shall be pursuant to division (B) of
section 3319.081 of the Revised Code. (B) If employed as a replacement for twelve months or more
but less than
twenty-four months, the person shall be employed
under a contract valid for a
period equal to twenty-four months
less the number of months employed as a
replacement. Subsequent
reemployment shall be pursuant to division (B) of
section 3319.081
of the Revised Code. (C) If employed as a replacement for more than twenty-four
months, the person
shall be employed pursuant to division (B) of
section 3319.081 of the Revised
Code. For purposes of this section, employment during any part of
a
month shall count as employment during the entire month.
Sec. 3327.10. (A) No person shall be employed as driver
of
a school bus or motor van, owned and operated by any school
district or educational service center or privately owned and
operated under
contract with any
school district or service center
in this state, who has not received a
certificate
from the
educational service center governing board in case such person is
employed by a service center or by
a local school
district under
the supervision of the service center governing
board, or by the
superintendent of schools, in case such person is employed by the
board of a city or exempted village school district, certifying
that such person is at least eighteen years of age and is of good
moral character and is qualified physically and otherwise for
such
position. The service center governing board or the
superintendent, as the
case may be, shall provide for an annual
physical examination
that conforms with rules adopted by the state
board of education
of each driver to ascertain
the driver's
physical fitness
for such
employment. Any certificate may be
revoked by the authority
granting the same on proof that the
holder has been guilty of
failing to comply with division (D)(1)
of this section, or upon a
conviction or a guilty plea for a
violation, or any other action,
that results in a loss or
suspension of driving rights. Failure
to comply with such
division may be cause for disciplinary action
or termination of
employment under division (C) of section
3319.081, or section
124.34 of the Revised Code. (B) No person shall be employed as driver of a school bus
or
motor van not subject to the rules of the department of
education
pursuant to division (A) of this section who has not
received a
certificate from the school administrator or
contractor certifying
that such person is at least eighteen years
of age, is of good
moral character, and is qualified physically
and otherwise for
such position. Each driver shall have an
annual physical
examination which conforms to the state highway
patrol rules,
ascertaining
the driver's physical fitness for
such
employment.
The examination shall be performed by one of the
following: (1) A person licensed under Chapter 4731. of the Revised Code
or by another state to practice medicine and surgery or
osteopathic medicine and surgery; (2) A
registered nurse who holds a certificate of authority
issued under Chapter 4723. of the Revised Code to practice as
physician assistant, a
certified nurse practitioner
or, a clinical
nurse specialist
and
is
practicing pursuant to a standard care
arrangement with a
collaborating physician, or a certified
nurse-midwife.
Any written documentation of the physical examination shall
be completed by the individual who performed the examination. Any certificate may be revoked by the authority
granting the
same on proof that the holder has been guilty of
failing to comply
with division (D)(2) of this section. (C) Any person who drives a school bus or motor van must
give satisfactory and sufficient bond except a driver who is an
employee of a school district and who drives a bus or motor van
owned by the school district. (D) No person employed as driver of a school bus or motor
van under this section who is convicted of a traffic violation or
who has had
the person's commercial driver's license
suspended
or
revoked
shall drive a school bus or motor van until such person
has filed a
written notice of such conviction, suspension, or
revocation as
follows: (1) If
the person is employed under division (A) of this
section,
such notice shall be filed with the superintendent, or a
person
designated by the superintendent, of the school district
for
which such person drives a school bus or motor van as an
employee or
drives a privately owned and operated school bus or
motor van
under contract. (2) If employed under division (B) of this section,
such
notice shall be filed with the employing school
administrator or
contractor, or a person designated by the
administrator or
contractor. (E) In addition to resulting in possible revocation of a
certificate as authorized by divisions (A) and (B) of this
section, violation of division (D) of this section is a minor
misdemeanor.
Sec. 3331.02. (A) The superintendent of schools
or the chief
administrative officer, as appropriate pursuant to section 3331.01
of the Revised Code, shall not
issue an age and schooling
certificate until
the
superintendent or chief administrative
officer has received, examined, approved, and filed the following
papers duly executed: (1) The written pledge or promise of the person,
partnership, or corporation to legally employ the child, and for
this purpose work performed by a minor, directly and exclusively
for the benefit of such minor's parent, in the farm home or on
the
farm of such parent is legal employment, irrespective of any
contract of employment, or the absence thereof, to permit
the
child to attend school as provided in section 3321.08 of the
Revised Code,
and
give notice of the nonuse
of an age and
schooling certificate within
five days
from the date of the
child's withdrawal or
dismissal from the
service of that person,
partnership, or
corporation, giving the
reasons for such
withdrawal or dismissal; (2) The
child's school record or
notification. As used in
this division, a "school record" means documents properly filled
out
and signed by the
person in charge of the school which the
child
last attended,
giving the recorded age of the child,
the
child's address,
standing in studies, rating in conduct, and
attendance in
days
during the school year of
the child's last
attendance;
"notification" means the information submitted to
the
superintendent by the parent of a child excused from
attendance at
school pursuant to division (A)(2) of section
3321.04 of the
Revised Code, as the notification is required by rules
adopted by
the department of education. (3) Evidence of the age of the child as follows: (a) A certified copy of an original birth record or a
certification of birth, issued in accordance with Chapter 3705.
of
the Revised Code, or by an officer charged with the duty of
recording births in another state or country, shall be conclusive
evidence of the age of the child; (b) In the absence of such birth record or certification
of
birth, a passport, or duly attested transcript thereof,
showing
the date and place of birth of the child, filed with a
register of
passports at a port of entry of the United States; or
an attested
transcript of the certificate of birth or baptism or
other
religious record, showing the date and place of birth of
the
child, shall be conclusive evidence of the age of the child; (c) In case none of the above proofs of age can be
produced,
other documentary evidence, except the affidavit of the
parent,
guardian, or custodian, satisfactory to the
superintendent
or
chief administrative officer may be accepted in lieu thereof; (d) In case no documentary proof of age can be procured,
the
superintendent
or chief administrative officer may receive and
file an application signed by
the parent, guardian, or custodian
of the child that a
physician's
medical certificate be secured to
establish the sufficiency
of the age of the child, which
application shall state the
alleged age of the child, the place
and date of birth,
the
child's present residence, and such
further facts as may be of assistance
in determining the age of
the child, and shall certify that the
person signing the
application is unable to obtain any of the
documentary proofs
specified in divisions
(A)(3)(a),
(b), and
(c)
of
this section;
and if the superintendent
or chief administrative
officer is
satisfied that a
reasonable effort to procure such
documentary
proof has been
without success such application shall
be granted
and the
certificate of the school physician or if there
be none,
of a
physician, a physician assistant, a clinical nurse
specialist, or a certified nurse
practitioner employed by the
board of education, that
said
physician, physician assistant,
clinical nurse
specialist, or certified nurse
practitioner
is
satisfied that the
child is above the age
required
for an age
and
schooling
certificate as stated in section
3331.01
of the
Revised
Code,
shall be accepted as sufficient
evidence of
age; (4) A certificate, including an athletic certificate of
examination, from
a physician
licensed pursuant to
Chapter 4731.
of the Revised Code
or, a physician
assistant licensed pursuant
to
Chapter 4730. of the Revised Code, a physician assistant, a
clinical nurse specialist,
or a certified nurse practitioner,
or
from the district health
commissioner,
showing
after a thorough
examination that the child
is physically
fit to
be employed in
such occupations as are not
prohibited by
law for a
boy or girl,
as the case may be, under
eighteen years of age; but
a
certificate
with "limited" written,
printed,
marked, or stamped
thereon may
be furnished by such
physician
or, physician assistant, clinical
nurse specialist, or
certified nurse practitioner and accepted by
the
superintendent
or
chief administrative officer in issuing a
"limited" age and
schooling certificate provided in section
3331.06 of the Revised
Code, showing that the child is physically
fit to be employed in
some particular occupation not prohibited
by
law for a boy or girl
of such child's age, as the case may be,
even if the child's
complete physical ability to engage in such
occupation cannot be
vouched for.
(B)(1) Except as provided in division (B)(2) of this
section, a physical fitness certificate described in division
(A)(4) of this section is valid for purposes of that division
while the child remains employed in job duties of a similar nature
as the job duties for which the child last was issued an age and
schooling certificate. The superintendent or chief administrative
officer who issues an age and schooling certificate shall
determine whether job duties are similar for purposes of this
division. (2) A "limited" physical fitness certificate described in
division (A)(4) of this section is valid for one year. (C) The superintendent of schools or the chief
administrative officer shall require a child who resides out of
this state to file all the information required under division (A)
of this section. The superintendent of schools or the chief
administrative officer shall evaluate the information filed and
determine whether to issue the age and schooling certificate using
the same standards as those the superintendent or officer uses for
in-state children.
Sec. 3331.06. The age and schooling certificate provided in
sections 3331.01
to
3331.04 of the Revised
Code, shall be issued
only with the word
"limited" printed,
marked, or stamped
thereon
if the
medical
certificate
of
the physician provided in section
3331.02 or
3331.07 of the Revised Code, is a
limited certificate,
and in that
case, the particular employment to which it is
limited
shall be
stated in the certificate, and the certificate cannot
serve
as the
legal age and schooling certificate for employment in
another
occupation.
Sec. 3331.07. When an age and schooling certificate is
reissued, the pledge of the new
employer
shall be secured and
filed. A physical fitness certificate from
a
physician
or,
physician assistant, clinical nurse specialist, or certified nurse
practitioner as
described in division (A)(4) of section
3331.02 of
the Revised
Code shall
also be secured and filed
if the
physical
fitness
certificate used in the issuing of the previously
issued
age and
schooling certificate is no longer valid, as
determined
pursuant
to division (B) of section 3331.02 of the
Revised Code.
Sec. 3773.41. Any person who desires to participate in a
public
boxing match or exhibition as a referee, judge, matchmaker,
timekeeper, or
contestant, or as a manager, trainer, or
second of
a contestant, shall apply for a license from the
Ohio athletic
commission. The
application shall be on forms provided by the
commission. Each
application shall be accompanied by the
application fee prescribed in
section 3773.43 of the Revised Code.
The applicant shall verify the
application under oath. The commission shall prescribe the form of the application
for a participant's license. The application shall include the
correct and ring or assumed name, if any, of the applicant, the
applicant's address, the applicant's date and place of birth, the
applicant's occupation, and a copy of the applicant's win and loss
record as a
contestant, if applicable. An application for a contestant's license shall
also include
a certified copy of the results of a physical
examination of the
applicant that a licensed physician, physician assistant, clinical
nurse specialist,
certified nurse practitioner, or certified
nurse-midwife conducted
not more
than sixty
days prior to the
filing of the
application.
Sec. 3773.42. Upon the proper filing of an application for
a
referee's, judge's, matchmaker's, timekeeper's, manager's,
trainer's, contestant's, or second's license and payment of the
applicable application fee, the Ohio athletic commission shall
issue the
license
to the applicant if it determines that the
applicant is of good
moral character, is not likely to engage in
acts detrimental to
the fair and honest conduct of public boxing
matches or exhibitions,
and is qualified to hold such a license by
reason of the
applicant's knowledge and experience. A person shall not be determined to possess the knowledge
and
experience necessary to qualify that person to hold a
referee's
license unless all of the following conditions are met: (A) The person has completed such referee training
requirements as the commission prescribes by rule; (B) The person possesses such experience requirements as
the
commission prescribes by rule; (C) The person has obtained a passing grade on an
examination administered by the commission and designed to test
the examinee's knowledge of the rules of the particular sport
that
the person seeks to referee, the commission's
rules applicable to
the conduct of matches and exhibitions in
the particular sport
that the person seeks to referee, and such other
aspects of
officiating as the
commission determines appropriate to its
determination as to
whether the applicant possesses the
qualifications and
capabilities to act as a referee. The commission shall issue a referee's license to
each person
who meets the requirements of divisions (A) to (C) of this
section. If upon the proper filing of an application for a
contestant's license the commission determines that the applicant
is of good moral character, is not likely
to engage in acts
detrimental to the conduct of public boxing matches or
exhibitions, and possesses sufficient knowledge and experience
and, in the opinion of the licensed physician, physician
assistant, clinical nurse
specialist, certified nurse
practitioner, or certified
nurse-midwife who examined the
applicant
pursuant to section
3773.41 of the Revised Code, is
physically fit to engage
in public
boxing matches or exhibitions,
the
commission shall issue the
license to the applicant. Each license issued pursuant to this section shall bear the
correct name and
ring or assumed name, if any, of the licensee,
the
address of the licensee, the date of issue, a serial number
designated by the
commission, the seal of the commission, and the
signature of
the commission chairperson. A license issued pursuant to this section shall expire
twelve
months after its date of issue unless renewed. Upon
application
for renewal and payment of the renewal fee prescribed
in section
3773.43 of the Revised Code, the commission shall renew
the
license unless it denies the application for one or more
reasons
stated in section 3123.47 or 3773.53 of the
Revised Code.
If the
application is for renewal of a contestant's license, the
commission shall also require the applicant to submit the results
of a
physical examination that a licensed physician, physician
assistant, clinical
nurse specialist, certified nurse
practitioner, or certified
nurse-midwife conducted not
more than
sixty days prior to the date
of the application.
Sec. 3773.45. (A) Each contestant in a public boxing match
or
exhibition shall be examined not more than twenty-four
hours
before entering the ring by a licensed physician, a physician
assistant, a clinical nurse
specialist, a certified nurse
practitioner, or a certified
nurse-midwife.
Each
contestant
who
has had a previous match or
exhibition on or
after
July 27,
1981,
and was knocked out at that
match or
exhibition
shall
present to
the
examining physician
examiner a
record of the
physical
examination
performed at the
conclusion of
that match or
exhibition. If,
after reviewing such
record and
performing a
physical examination
of the contestant,
the
physician
examiner
determines that the contestant is
physically fit to
compete, the
physician shall certify that
fact
on the contestant's
physical
examination form. No physician, physician assistant,
clinical
nurse
specialist,
certified nurse practitioner, or
certified
nurse-midwife shall
certify a contestant as
physically
fit to
compete if the
physician, physician assistant, clinical nurse
specialist,
certified
nurse
practitioner, or certified
nurse-midwife
determines that the
contestant was knocked out in a
contest that
took place within the
preceding thirty days. No
contestant shall
compete in a public
boxing match or exhibition
unless the
contestant has been
certified as physically fit in
accordance with
this
section. Immediately after the end of a match or exhibition, the
physician
examiner shall examine each contestant who was knocked
out in
the match or exhibition, and record the outcome of the
match or
exhibition and any physical injuries sustained by the
contestant
on the contestant's physical examination form. Within twenty-four hours after the match or exhibition, the
physician
examiner shall mail one copy of the examination report
to the
Ohio athletic commission and one copy to the contestant.
The
commission shall
furnish blank copies of the examination
report to the
physician
examiner. The
physician
examiner shall
answer all questions on the form. The person
conducting the match
or exhibition shall compensate the
physician
examiner. No person
shall conduct such a match or exhibition
unless
a physician
an
examiner appointed by the commission is in attendance. (B) No holder of a promoter's license shall conduct a
boxing
match or exhibition that exceeds twelve rounds. Each
round shall
be not more than three minutes in length. A period
of at least
one minute, during which no boxing or sparring takes
place, shall
occur between rounds. No holder of a promoter's license or a permit issued under
section 3773.39 of the Revised Code shall allow a professional
boxer to participate in more than twelve rounds of boxing within
a
period of seventy-two consecutive hours. For any match or
exhibition
or for a class of contestants,
the commission may limit
the number of rounds within the maximum of
twelve rounds. (C) No person shall conduct a boxing match or exhibition
unless a licensed referee appointed by the commission and paid by
the person is present. The referee shall direct and control the
match or exhibition. Before each match or exhibition the referee
shall obtain from each contestant the name of the
contestant's
chief second
and shall hold the chief second responsible for the
conduct of
any assistant seconds during the match or exhibition.
The
referee may declare a prize, remuneration, or purse or any
part
thereof to which a contestant is otherwise entitled withheld
if,
in the referee's judgment, the contestant is not competing or
did not
compete honestly. A contestant may appeal the referee's
decision
in a hearing before the commission conducted in
accordance with
section 3773.52 of the Revised Code. (D) No person shall hold or conduct a boxing match or
exhibition unless three licensed judges appointed by the
commission and paid by the person are present. Each judge shall
render a decision at the end of each match or exhibition. The
judges shall determine the outcome of the match or exhibition,
and
their decision shall be final. (E) Each contestant in a boxing match or exhibition shall
wear gloves
weighing not less than six ounces during the boxing
match or
exhibition.
Sec. 3919.29. No corporation, company, or association
organized under section
3919.01 of the Revised Code shall issue a
certificate or policy to any person,
until such person has first
been subjected to a thorough medical examination
by a physician, a
physician assistant, a
clinical nurse specialist, a certified
nurse practitioner, or a
certified
nurse-midwife and
found to be a
good risk, nor shall it
issue a
certificate
or
policy to any
person above the age of
sixty-five
years or under
the age of
fifteen years.
Any written documentation of the physical
examination shall be completed by the individual who conducted the
examination. This section, in respect to the age and medical examination
of persons to whom
certificates or policies may issue, does not
apply to such corporations,
companies, or associations doing
purely accident business.
Sec. 4506.10. (A) No person who holds a valid commercial
driver's license shall drive a commercial motor vehicle unless
the person
is physically qualified to do so. Each person who
drives or
expects to drive a commercial motor vehicle in
interstate or
foreign commerce or is otherwise subject to 49
C.F.R. 391, et
seq., as amended, shall certify to the registrar of
motor
vehicles at the time of application for a commercial
driver's
license that
the person is in compliance with these
standards. Any
person who is not subject to 49 C.F.R. 391, et
seq., as amended,
also shall certify at the time of application
that
the person
is not
subject to these standards. (B) A person is qualified to drive a class B commercial
motor vehicle with a school bus endorsement, if
the person
has
been
certified as medically qualified in accordance with rules
adopted
by the department of education. (C)(1) Except as provided in division (C)(2) of this
section, any medical examination required by this section shall
be
performed only by
one of the following: (a) A person licensed under Chapter 4731. of the
Revised
Code to practice medicine or surgery or osteopathic
medicine and
surgery in this state, or licensed under any similar
law of
another state; (b) A
person licensed as a physician assistant
under Chapter
4730. of the Revised Code who practices under the supervision and
direction of a physician as required under that chapter and who is
authorized by the supervising physician to perform such a medical
examination; (c) A
person who is a certified nurse practitioner
or, a
clinical nurse specialist
licensed under Chapter 4723. of the
Revised Code who is practicing in accordance with a standard care
arrangement pursuant to section 4723.431 of the Revised Code, or a
certified nurse-widwife. (2) Any
part of
an examination
required by this
section
that pertains to visual acuity, field of vision, and the
ability
to recognize colors may be performed by a person licensed
under
Chapter 4725. of the Revised Code to practice optometry in
this
state, or licensed under any similar law of another state.
(3) Any written documentation of a physical examination
conducted pursuant to this section shall be completed by the
individual who performed the examination. (D) Whenever good cause appears, the registrar, upon
issuing
a commercial driver's license under this chapter, may
impose
restrictions suitable to the licensee's driving ability
with
respect to the type of motor vehicle or special mechanical
control
devices required on a motor vehicle
that the licensee
may
operate, or such other restrictions applicable to the
licensee as
the registrar determines to be necessary. The registrar may either issue a special restricted license
or may set forth
the restrictions upon the usual license
form. The registrar, upon receiving satisfactory evidence of any
violation of the restrictions of
the license, may suspend or
revoke
it. The registrar, upon receiving satisfactory evidence that an
applicant or holder of a commercial driver's license has violated
division (A)(4) of section 4506.04 of the Revised Code and
knowingly given false information in any application or
certification required by section 4506.07 of the Revised Code,
shall cancel the commercial driver's license of the person or any
pending application from the person for a commercial driver's
license or class D driver's license for a period of at least
sixty
days, during which time no application for a commercial
driver's
license or class D driver's license shall be received
from the
person.
Sec. 4507.20. The registrar of motor vehicles, upon
determination that any
person has more than seven points charged
against
him
the person
under section 4507.021
of
the Revised Code,
and is not subject to the provisions of section 4507.022 of
the
Revised Code, or, having good cause to believe that the holder of
a
driver's or commercial driver's license is incompetent or
otherwise not
qualified to be licensed, shall upon written notice
of at least five days sent
to the licensee's last known address,
require
him
the licensee
to submit to a driver's
license
examination or a physical examination, or both, or a commercial
driver's license examination.
Upon
The physical examination may be
conducted by any individual authorized by the Revised Code to do
so, including a physician assistant, a clinical nurse specialist,
a certified nurse practitioner, or a certified nurse midwife. Any
written documentation of the physical examination shall be
completed by the individual who conducted the examination. Upon
the conclusion of
the examination the
registrar
may
suspend or
revoke the license of
the person, or may permit
him
the
licensee
to
retain the license,
or may issue
him
the licensee
a
restricted
license. Refusal or
neglect
of the licensee to
submit
to the
examination is ground for
suspension or
revocation
of
his
the
licensee's license.
Sec. 4715.30. (A) The holder of a certificate or license
issued under this chapter is subject to disciplinary action by
the
state dental board for any of the following reasons: (1) Employing or cooperating in fraud or material
deception
in applying for or obtaining a license or certificate; (2) Obtaining or attempting to obtain money or anything of
value by intentional misrepresentation or material deception in
the course of practice; (3) Advertising services in a false or misleading manner
or
violating the board's rules governing time, place, and manner
of
advertising; (4) Conviction of a misdemeanor committed in the course of
practice or of any felony; (5) Engaging in lewd or immoral conduct in connection with
the provision of dental services; (6) Selling, prescribing, giving away, or administering
drugs for other than legal and legitimate therapeutic purposes,
or
conviction of violating any law of this state or the federal
government regulating the possession, distribution, or use of any
drug; (7) Providing or allowing dental hygienists or other
practitioners of auxiliary dental occupations working under the
certificate or license holder's supervision, or a dentist holding
a
temporary limited continuing
education license under division
(C) of section 4715.16 of the
Revised Code working under the
certificate or license
holder's direct supervision, to provide
dental care that departs from or fails to conform to accepted
standards for the profession, whether or not injury to a patient
results; (8) Inability to practice under accepted standards of the
profession because of physical or mental disability, dependence
on
alcohol or other drugs, or excessive use of alcohol or other
drugs; (9) Violation of any provision of this chapter or any rule
adopted thereunder; (10) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4715.03 of
the Revised Code; (11) Waiving the payment of all or any part of a deductible
or copayment that
a patient, pursuant to a health insurance or
health care policy, contract, or
plan that covers dental services,
would otherwise be required to pay if the
waiver is used as an
enticement to a patient or group of patients to receive
health
care services from that provider. (12) Advertising that the certificate or license holder will
waive the payment of all or any part of a
deductible or copayment
that a patient, pursuant to a health insurance or
health care
policy, contract, or plan that covers dental services, would
otherwise be required to pay. (B) A manager, proprietor, operator, or conductor of a
dental facility shall be subject to disciplinary action if any
dentist, dental hygienist, or qualified personnel providing
services in the facility is found to have committed a violation
listed in division (A) of this section and the manager,
proprietor, operator, or conductor knew of the violation and
permitted it to occur on a recurring basis. (C) Subject to Chapter 119. of the Revised Code, the board
may take one or more of the following disciplinary actions if one
or more of the grounds for discipline listed in divisions (A) and
(B) of this section exist: (1) Censure the license or certificate holder; (2) Place the license or certificate on probationary
status
for such period of time the board determines necessary and
require
the holder to: (a) Report regularly to the board upon the matters which
are
the basis of probation; (b) Limit practice to those areas specified by the board; (c) Continue or renew professional education until a
satisfactory degree of knowledge or clinical competency has been
attained in specified areas. (3) Suspend the certificate or license; (4) Revoke the certificate or license. Where the board places a holder of a license or certificate
on probationary status pursuant to division (C)(2) of this
section, the board may subsequently suspend or revoke the license
or certificate if it determines that the holder has not met the
requirements of the probation or continues to engage in
activities
that constitute grounds for discipline pursuant to
division (A) or
(B) of this section. Any order suspending a license or certificate shall state
the
conditions under which the license or certificate will be
restored, which may include a conditional restoration during
which
time the holder is in a probationary status pursuant to
division
(C)(2) of this section. The board shall restore the
license or
certificate unconditionally when such conditions are
met. (D) If the physical or mental condition of a license or
certificate holder is at issue in a disciplinary proceeding, the
board may order the license or certificate holder to submit to
reasonable examinations by
a physician
an individual designated or
approved by
the board and at the board's expense.
Failure
The
physical
examination may be conducted by any individual authorized
by the
Revised Code to do so, including a physician assistant, a
clinical
nurse specialist, a
certified nurse practitioner, or a
certified
nurse-midwife.
Any written documentation of the physical
examination shall be completed by the individual who conducted the
examination. Failure to comply with an
order
for
an examination shall be
grounds for summary suspension
of a
license or certificate under
division (E) of this section. (E) If the board has reason to believe that the holder
represents a clear and immediate danger to the public health and
safety if the holder is allowed to continue to practice, or
if the
holder has failed to comply with an order under division (D) of
this
section, the board may apply to the court of common pleas of
the
county in which the holder resides for an order temporarily
suspending the holder's license or certificate, without a prior
hearing being afforded by the board, until the board conducts an
adjudication hearing pursuant to Chapter 119. of the Revised
Code.
If the court temporarily suspends a holder's license or
certificate, the board shall give written notice of the
suspension
personally or by certified mail to the license or
certificate
holder. Such notice shall include specific facts and
reasons for
finding a clear and immediate danger to the public
health and
safety and shall inform the license or certificate
holder of the
right to a hearing pursuant to Chapter 119. of the
Revised Code. (F) Any holder of a certificate or license issued under
this
chapter who has pleaded guilty to, has been convicted of, or
has
had a judicial finding of eligibility for
intervention in lieu
of
conviction entered against the holder in this state for
aggravated
murder, murder, voluntary manslaughter, felonious assault,
kidnapping, rape, sexual battery, gross sexual imposition,
aggravated arson, aggravated robbery, or aggravated burglary, or
who has pleaded guilty to, has been convicted of, or has had a
judicial finding of eligibility for treatment or intervention in
lieu
of
conviction entered against the holder in another
jurisdiction for any
substantially equivalent criminal offense, is
automatically
suspended from practice under this chapter in this
state and any
certificate or license issued to the holder under
this
chapter is automatically suspended, as of the date of the
guilty plea,
conviction, or judicial finding, whether the
proceedings are
brought in this state or another jurisdiction.
Continued
practice by an individual after the suspension of the
individual's certificate or license under this division shall be
considered practicing
without a certificate or license. The board
shall notify the
suspended individual of the suspension of the
individual's
certificate or license under this division by
certified mail or in person in
accordance with section 119.07 of
the Revised Code. If an
individual whose certificate or license
is suspended under this
division fails to make a timely request
for an adjudicatory
hearing, the board shall enter a final order
revoking the
individual's certificate or license. (G) Notwithstanding divisions (A)(11) and (12) of this
section, sanctions
shall not be imposed against any licensee who
waives deductibles and
copayments: (1) In compliance with the health benefit plan that
expressly allows such a
practice. Waiver of the deductibles or
copays shall be made only with the
full knowledge and consent of
the plan purchaser, payer, and third-party
administrator. Such
consent shall be made available to the board upon
request. (2) For professional services rendered to any other person
licensed pursuant
to this chapter to the extent allowed by this
chapter and the rules of the
board.
Sec. 4933.122. No natural gas, gas, or electric light
company shall terminate service, except for safety reasons or
upon
the request of the customer, at any time to a residential
consumer, except pursuant to procedures that provide for all of
the following: (A) Reasonable prior notice is given to such consumer,
including notice of rights and remedies, and no due date shall be
established, after which a customer's account is considered to be
in arrears if unpaid, that is less than fourteen days after the
mailing of the billing. This limitation does not apply to
charges
to customers that receive service pursuant to an
arrangement
authorized by section 4905.31 of the Revised Code,
nor to electric
light companies operated not for profit or public
utilities that
are owned or operated by a municipal corporation. (B) A reasonable opportunity is given to dispute the
reasons
for such termination; (C) In circumstances in which termination of service to a
consumer would be especially dangerous to health, as determined
by
the public utilities commission, or make the operation of
necessary medical or life-supporting equipment impossible or
impractical, and such consumer establishes that
he
the consumer
is
unable to
pay for such service in accordance with the requirements
of the
utility's billing except under an extended payment plan. Such procedures shall take into account the need to include
reasonable provisions for elderly and handicapped consumers. The commission shall hold hearings and adopt rules to carry
out this section.
To the extent that any rules adopted for the purpose of
division (C) of this section require a health care professional to
validate the health of a consumer or the necessity of operation of
a consumer's medical or life-supporting equipment, the rules shall
include as a health care professional a physician assistant, a
clinical nurse specialist,
a certified nurse
practitioner, or a
certified nurse-midwife.
Sec. 5103.0327. Any physical examination required in the
determination of foster home placement may be conducted by any
individual authorized by the Revised Code to conduct physical
examinations, including a physician assistant, a clinical nurse
specialist, a certified
nurse practitioner, or a certified
nurse-midwife. Any written documentation of the physical
examination shall be completed by the individual who conducted the
examination.
Sec. 5104.011. (A) The director of job and family services
shall
adopt rules pursuant to Chapter 119. of the Revised
Code
governing the operation of child day-care centers, including, but
not limited to, parent cooperative centers, part-time centers,
drop-in centers, and school child centers, which rules shall
reflect the various forms of child day-care and the needs of
children receiving child day-care or publicly funded child
day-care and, no later than January 1, 1992, shall include
specific rules for school child day-care centers that are
developed in consultation with the department of education. The
rules shall not require an existing school facility that is in
compliance with applicable building codes to undergo an
additional
building code inspection or to have structural
modifications. The
rules shall include the following: (1) Submission of a site plan and descriptive plan of
operation to demonstrate how the center proposes to meet the
requirements of this chapter and rules adopted
pursuant to
this
chapter for the initial license application; (2) Standards for ensuring that the physical surroundings
of
the center are safe and sanitary including, but not limited
to,
the physical environment, the physical plant, and the
equipment of
the center; (3) Standards for the supervision, care, and discipline of
children receiving child day-care or publicly funded child
day-care in the center; (4) Standards for a program of activities, and for play
equipment, materials, and supplies, to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible. As used in this
division, "program" does not include instruction in religious or
moral doctrines, beliefs, or values that is conducted at child
day-care centers owned and operated by churches and does include
methods of disciplining children at child day-care centers. (5) Admissions policies and procedures, health care
policies
and procedures, including, but not limited to,
procedures for the
isolation of children with communicable
diseases, first aid and
emergency procedures, procedures for
discipline and supervision of
children, standards for the
provision of nutritious meals and
snacks, and procedures for
screening children and employees,
including, but not limited to,
any necessary physical examinations
and immunizations; (6) Methods for encouraging parental participation in the
center and methods for ensuring that the rights of children,
parents, and employees are protected and that responsibilities of
parents and employees are met; (7) Procedures for ensuring the safety and adequate
supervision of children traveling off the premises of the center
while under the care of a center employee; (8) Procedures for record keeping, organization, and
administration; (9) Procedures for issuing, renewing, denying, and
revoking
a license that are not otherwise provided for in Chapter
119. of
the Revised Code; (10) Inspection procedures; (11) Procedures and standards for setting initial and
renewal license application fees; (12) Procedures for receiving, recording, and responding
to
complaints about centers; (13) Procedures for enforcing section 5104.04 of the
Revised
Code; (14) A standard requiring the inclusion, on and after July
1, 1987, of a current department of job and family services
toll-free
telephone number on each center provisional license or
license
which any person may use to report a suspected violation
by the
center of this chapter or rules adopted pursuant to
this
chapter; (15) Requirements for the training of administrators and
child-care staff members in first aid, in prevention,
recognition,
and management of communicable diseases, and in
child abuse
recognition and prevention. Training requirements
for child
day-care centers adopted under this division shall be
consistent
with divisions (B)(6) and (C)(1) of this section. (16) Procedures to be used by licensees for checking the
references of potential employees of centers and procedures to be
used by the director for checking the references of applicants
for
licenses to operate centers; (17) Standards providing for the special needs of children
who are handicapped or who require treatment for health
conditions
while the child is receiving child day-care or
publicly funded
child day-care in the center; (18) Any other procedures and standards necessary to carry
out this chapter. (B)(1) The child day-care center shall have, for each
child
for whom the center is licensed, at least thirty-five
square feet
of usable indoor floor space wall-to-wall regularly
available for
the child day-care operation exclusive of any parts
of the
structure in which the care of children is prohibited by
law or by
rules adopted by the board of building standards. The
minimum of
thirty-five square feet of usable indoor floor space
shall not
include hallways, kitchens, storage areas, or any other
areas that
are not available for the care of children, as
determined by the
director, in meeting the space requirement of
this division, and
bathrooms shall be counted in determining
square footage only if
they are used exclusively by children
enrolled in the center,
except that the exclusion of hallways,
kitchens, storage areas,
bathrooms not used exclusively by
children enrolled in the center,
and any other areas not
available for the care of children from
the minimum of
thirty-five square feet of usable indoor floor
space shall not
apply to: (a) Centers licensed prior to or on September 1, 1986,
that
continue under licensure after that date; (b) Centers licensed prior to or on September 1, 1986,
that
are issued a new license after that date solely due to a
change of
ownership of the center. (2) The child day-care center shall have on the site a
safe
outdoor play space which is enclosed by a fence or otherwise
protected from traffic or other hazards. The play space shall
contain not less than sixty square feet per child using such
space
at any one time, and shall provide an opportunity for
supervised
outdoor play each day in suitable weather. The
director may
exempt a center from the requirement of this
division, if an
outdoor play space is not available and if all of
the following
are met: (a) The center provides an indoor recreation area that has
not less than sixty square feet per child using the space at any
one time, that has a minimum of one thousand four hundred forty
square feet of space, and that is separate from the indoor space
required under division (B)(1) of this section. (b) The director has determined that there is regularly
available and scheduled for use a conveniently accessible and
safe
park, playground, or similar outdoor play area for play or
recreation. (c) The children are closely supervised during play and
while traveling to and from the area. The director also shall exempt from the requirement of this
division a child day-care center that was licensed prior to
September 1, 1986, if the center received approval from the
director prior to September 1, 1986, to use a park, playground,
or
similar area, not connected with the center, for play or
recreation in lieu of the outdoor space requirements of this
section and if the children are closely supervised both during
play and while traveling to and from the area and except if the
director determines upon investigation and inspection pursuant to
section 5104.04 of the Revised Code and rules
adopted
pursuant to
that section that the park, playground, or similar
area, as well
as access to and from the area, is unsafe for the
children. (3) The child day-care center shall have at least two
responsible adults available on the premises at all times when
seven or more children are in the center. The center shall
organize the children in the center in small groups, shall
provide
child-care staff to give continuity of care and
supervision to the
children on a day-by-day basis, and shall
ensure that no child is
left alone or unsupervised. Except as
otherwise provided in
division (E) of this section, the maximum
number of children per
child-care staff member and maximum group
size, by age category of
children, are as follows:
|
|
Maximum Number of |
|
|
|
|
Children Per |
|
Maximum |
Age Category |
|
Child-Care |
|
Group |
of Children |
|
Staff Member |
|
Size |
(a) Infants: |
|
|
|
|
(i) Less than twelve |
|
|
|
|
months old |
|
5:1, or |
|
|
|
|
12:2 if two |
|
|
|
|
child-care |
|
|
|
|
staff members |
|
|
|
|
are in the room |
|
12 |
(ii) At least twelve |
|
|
|
|
months old, but |
|
|
|
|
less than eighteen |
|
|
|
|
months old |
|
6:1 |
|
12 |
(b) Toddlers: |
|
|
|
|
(i) At least eighteen |
|
|
|
|
months old, but |
|
|
|
|
less than thirty |
|
|
|
|
months old |
|
7:1 |
|
14 |
(ii) At least thirty months |
|
|
|
|
old, but less than |
|
|
|
|
three years old |
|
8:1 |
|
16 |
(c) Preschool |
|
|
|
|
children: |
|
|
|
|
(i) Three years old |
|
12:1 |
|
24 |
(ii) Four years old and |
|
|
|
|
five years old who |
|
|
|
|
are not school |
|
|
|
|
children |
|
14:1 |
|
28 |
(d) School children: |
|
|
|
|
(i) A child who is |
|
|
|
|
enrolled in or is
|
|
|
|
|
eligible to be |
|
|
|
|
enrolled in a grade
|
|
|
|
|
of kindergarten |
|
|
|
|
or above, but |
|
|
|
|
is less than
|
|
|
|
|
eleven years
old |
|
18:1 |
|
36 |
(ii) Eleven through fourteen |
|
|
|
|
years old |
|
20:1 |
|
40 |
Except as otherwise provided in division (E) of this
section,
the maximum number of children per child-care staff
member and
maximum group size requirements of the younger age
group shall
apply when age groups are combined. (4)(a) The child day-care center administrator shall show
the director both of the following: (i) Evidence of at least high school graduation or
certification of high school equivalency by the state board of
education or the appropriate agency of another state; (ii) Evidence of having completed at least two years of
training in an accredited college, university, or technical
college, including courses in child development or early
childhood
education, or at least two years of experience in
supervising and
giving daily care to children attending an
organized group
program. (b) In addition to the requirements of division (B)(4)(a)
of
this section, any administrator employed or designated on or
after
September 1, 1986, shall show evidence of, and any
administrator
employed or designated prior to September 1, 1986,
shall show
evidence within six years after such date of, at least
one of the
following: (i) Two years of experience working as a child-care staff
member in a center and at least four courses in child development
or early childhood education from an accredited college,
university, or technical college, except that a person who has
two
years of experience working as a child-care staff member in a
particular center and who has been promoted to or designated as
administrator of that center shall have one year from the time
the
person was promoted to or designated as administrator to complete
the required four courses; (ii) Two years of training, including at least four
courses
in child development or early childhood education from an
accredited college, university, or technical college; (iii) A child development associate credential issued by
the
national child development associate credentialing
commission; (iv) An associate or higher degree in child development or
early childhood education from an accredited college, technical
college, or university, or a license designated for teaching in an
associate
teaching position in a preschool setting issued by the
state
board of education. (5) All child-care staff members of a child day-care
center
shall be at least eighteen years of age, and shall furnish
the
director evidence of at least high school graduation or
certification of high school equivalency by the state board of
education or the appropriate agency of another state or evidence
of completion of a training program approved by the department of
job and
family services or state board of education, except as
follows: (a) A child-care staff member may be less than eighteen
years of age if the staff member is either of the following: (i) A graduate of a two-year vocational child-care
training
program approved by the state board of education; (ii) A student enrolled in the second year of a vocational
child-care training program approved by the state board of
education which leads to high school graduation, provided that
the
student performs the student's duties in the child
day-care center
under the continuous supervision of an experienced child-care
staff member, receives periodic supervision from the vocational
child-care training program teacher-coordinator in the
student's
high school, and meets all other requirements of this chapter
and
rules adopted pursuant to this chapter. (b) A child-care staff member shall be exempt from the
educational requirements of this division if the staff
member: (i) Prior to January 1, 1972, was employed or designated
by
a child day-care center and has been continuously employed
since
either by the same child day-care center employer or at the
same
child day-care center; or (ii) Is a student enrolled in the second year of a
vocational child-care training program approved by the state
board
of education which leads to high school graduation,
provided that
the student performs the student's duties in
the child day-care
center under the continuous supervision of an
experienced
child-care staff member, receives periodic
supervision from the
vocational child-care training program
teacher-coordinator in the
student's high school, and meets
all other requirements of this
chapter and rules
adopted pursuant to this
chapter. (6) Every child day-care staff member of a child day-care
center annually shall complete fifteen hours of inservice
training
in child development or early childhood education, child
abuse
recognition and prevention, first aid, and in prevention,
recognition, and management of communicable diseases, until a
total of forty-five hours of training has been completed, unless
the staff member furnishes one of the following to the
director: (a) Evidence of an associate or higher degree in child
development or early childhood education from an accredited
college, university, or technical college; (b) A license designated for teaching in an associate
teaching position in a
preschool setting issued by the state board
of education; (c) Evidence of a child development associate credential; (d) Evidence of a preprimary credential from the American
Montessori society or the association Montessori international.
For the purposes of division (B)(6) of this section, "hour" means
sixty minutes. (7) The administrator of each child day-care center shall
prepare at least once annually and for each group of children at
the center a roster of names and telephone numbers of parents,
custodians, or guardians of each group of children attending the
center and upon request shall furnish the roster for each group
to
the parents, custodians, or guardians of the children in that
group. The administrator may prepare a roster of names and
telephone numbers of all parents, custodians, or guardians of
children attending the center and upon request shall furnish the
roster to the parents, custodians, or guardians of the children
who attend the center. The administrator shall not include in
any
roster the name or telephone number of any parent, custodian,
or
guardian who requests the administrator not to include the
parent's, custodian's, or guardian's name or number and shall not
furnish
any roster to any person other than a parent, custodian,
or guardian of a
child who attends the center. (C)(1) Each child day-care center shall have on the center
premises and readily available at all times at least one
child-care staff member who has completed a course in first aid
and in prevention, recognition, and management of communicable
diseases which is approved by the state department of health and
a
staff member who has completed a course in child abuse
recognition
and prevention training which is approved by the
department of job
and family services. (2) The administrator of each child day-care center shall
maintain enrollment, health, and attendance records for all
children attending the center and health and employment records
for all center employees. The records shall be confidential,
except as otherwise provided in division (B)(7) of this section
and except that they shall be disclosed by the administrator to
the director upon request for the purpose of administering and
enforcing this chapter and rules adopted pursuant to this
chapter.
Neither the center nor the licensee, administrator, or
employees
of the center shall be civilly or criminally liable in
damages or
otherwise for records disclosed to the director by the
administrator pursuant to this division. It shall be a defense
to
any civil or criminal charge based upon records disclosed by
the
administrator to the director that the records were disclosed
pursuant to this division. (3)(a) Any parent who is the residential parent and legal
custodian of a child enrolled in a child day-care center and any
custodian or guardian of such a child shall be permitted
unlimited
access to the center during its hours of operation for
the
purposes of contacting their children, evaluating the care
provided by the center, evaluating the premises of the center, or
for other purposes approved by the director. A parent of a child
enrolled in a child day-care center who is not the child's
residential parent shall be permitted unlimited access to the
center during its hours of operation for those purposes under the
same terms and conditions under which the residential parent of
that child is permitted access to the center for those purposes.
However, the access of the parent who is not the residential
parent is subject to any agreement between the parents and, to
the
extent described in division (C)(3)(b) of this section, is
subject
to any terms and conditions limiting the right of access
of the
parent who is not the residential parent, as described in
division
(I) of section 3109.051 of the Revised Code, that are
contained in
a parenting time order or decree issued
under that
section,
section 3109.12 of the Revised Code, or any
other provision of
the Revised Code. (b) If a parent who is the residential parent of a child
has
presented the administrator or the administrator's
designee with a
copy of a
parenting time order that limits the terms and
conditions under which
the parent who is not the residential
parent is to have access to
the center, as described in division
(I) of section 3109.051 of
the Revised Code, the parent who is not
the residential parent
shall be provided access to the center only
to the extent
authorized in the order. If the residential parent
has presented
such an order, the parent who is not the residential
parent shall
be permitted access to the center only in accordance
with the
most recent order that has been presented to the
administrator or
the administrator's designee by the residential
parent or
the parent who is not the residential parent. (c) Upon entering the premises pursuant to division
(C)(3)(a) or (b) of this section, the parent who is the
residential parent and legal custodian, the parent who is not the
residential parent, or the custodian or guardian shall notify the
administrator or the administrator's designee of
the parent's,
custodian's, or guardian's presence. (D) The director of job and family services, in addition to
the
rules adopted under division (A) of this section, shall adopt
rules establishing minimum requirements for child day-care
centers. The rules shall include, but not be limited to, the
requirements set forth in divisions (B) and (C) of this section.
Except as provided in section 5104.07 of the Revised Code, the
rules shall not change the square footage requirements of
division
(B)(1) or (2) of this section; the maximum number of
children per
child-care staff member and maximum group size
requirements of
division (B)(3) of this section; the educational
and experience
requirements of division (B)(4) of this section;
the age,
educational, and experience requirements of division
(B)(5) of
this section; the number of inservice training hours
required
under division (B)(6) of this section; or the
requirement for at
least annual preparation of a roster for each
group of children of
names and telephone numbers of parents,
custodians, or guardians
of each group of children attending the
center that must be
furnished upon request to any parent,
custodian, or guardian of
any child in that group required under
division (B)(7) of this
section; however, the rules shall provide
procedures for
determining compliance with those requirements. (E)(1) When age groups are combined, the maximum number of
children per child-care staff member shall be determined by the
age of the youngest child in the group, except that when no more
than one child thirty months of age or older receives services in
a group in which all the other children are in the next older age
group, the maximum number of children per child-care staff member
and maximum group size requirements of the older age group
established under division (B)(3) of this section shall apply. (2) The maximum number of toddlers or preschool
children per
child-care staff member in a room where children are napping
shall
be twice the maximum number of children per child-care
staff
member established under division (B)(3) of this section if
all
the following criteria are met: (a) At least one child-care staff member is present in the
room. (b) Sufficient child-care staff members are on the child
day-care center premises to meet the maximum number of children
per child-care staff member requirements established under
division (B)(3) of this section. (c) Naptime preparations are complete and all napping
children are resting or sleeping on cots. (d) The maximum number established under division (E)(2)
of
this section is in effect for no more than one and one-half
hours
during a twenty-four-hour day. (F) The director of job and family services shall adopt
rules
pursuant to Chapter 119. of the Revised Code governing the
operation of type A family day-care homes, including, but not
limited to, parent cooperative type A homes, part-time type A
homes, drop-in type A homes, and school child type A homes, which
shall reflect the various forms of child day-care and the needs
of
children receiving child day-care. The rules shall include
the
following: (1) Submission of a site plan and descriptive plan of
operation to demonstrate how the type A home proposes to meet the
requirements of this chapter and rules adopted
pursuant to
this
chapter for the initial license application; (2) Standards for ensuring that the physical surroundings
of
the type A home are safe and sanitary, including, but not
limited
to, the physical environment, the physical plant, and the
equipment of the type A home; (3) Standards for the supervision, care, and discipline of
children receiving child day-care or publicly funded child
day-care in the type A home; (4) Standards for a program of activities, and for play
equipment, materials, and supplies, to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible; (5) Admissions policies and procedures, health care
policies
and procedures, including, but not limited to,
procedures for the
isolation of children with communicable
diseases, first aid and
emergency procedures, procedures for
discipline and supervision of
children, standards for the
provision of nutritious meals and
snacks, and procedures for
screening children and employees,
including, but not limited to,
any necessary physical examinations
and immunizations; (6) Methods for encouraging parental participation in the
type A home and methods for ensuring that the rights of children,
parents, and employees are protected and that the
responsibilities
of parents and employees are met; (7) Procedures for ensuring the safety and adequate
supervision of children traveling off the premises of the type A
home while under the care of a type A home employee; (8) Procedures for record keeping, organization, and
administration; (9) Procedures for issuing, renewing, denying, and
revoking
a license that are not otherwise provided for in Chapter
119. of
the Revised Code; (10) Inspection procedures; (11) Procedures and standards for setting initial and
renewal license application fees; (12) Procedures for receiving, recording, and responding
to
complaints about type A homes; (13) Procedures for enforcing section 5104.04 of the
Revised
Code; (14) A standard requiring the inclusion, on or after July
1,
1987, of a current department of job and family services toll-free
telephone number on each type A home provisional license or
license which any person may use to report a suspected violation
by the type A home of this chapter or rules adopted
pursuant
this
chapter;
(15) Requirements for the training of administrators and
child-care staff members in first aid, in prevention,
recognition,
and management of communicable diseases, and in
child abuse
recognition and prevention; (16) Procedures to be used by licensees for checking the
references of potential employees of type A homes and procedures
to be used by the director for checking the references of
applicants for licenses to operate type A homes; (17) Standards providing for the special needs of children
who are handicapped or who require treatment for health
conditions
while the child is receiving child day-care or
publicly funded
child day-care in the type A home; (18) Standards for the maximum number of children per
child-care staff member; (19) Requirements for the amount of usable indoor floor
space for each child; (20) Requirements for safe outdoor play space; (21) Qualifications and training requirements for
administrators and for child-care staff members; (22) Procedures for granting a parent who is the
residential
parent and legal custodian, or a custodian or
guardian access to
the type A home during its hours of operation; (23) Standards for the preparation and distribution of a
roster of parents, custodians, and guardians; (24) Any other procedures and standards necessary to carry
out this chapter. (G) The director of job and family services shall adopt
rules
pursuant to Chapter 119. of the Revised Code governing the
certification of type B family day-care homes.
(1) The rules shall
include procedures, standards, and other
necessary provisions for
granting limited certification to type B
family day-care homes
that are operated by the following adult
providers: (a) Persons who provide child day-care
for eligible children
who are great-grandchildren, grandchildren,
nieces, nephews, or
siblings of the provider or for eligible
children whose caretaker
parent is a grandchild, child, niece,
nephew, or sibling of the
provider; (b) Persons who provide child day-care for eligible children
all of whom are the children of the same caretaker parent. The rules shall require, and
shall include procedures for the
director to ensure, that type B
family day-care homes that receive
a limited certification
provide child day-care to children in a
safe and sanitary manner.
With regard to providers who apply for
limited certification, a
provider shall be granted a provisional
limited certification on
signing a declaration under oath
attesting that the provider
meets the standards for limited
certification. Such provisional limited
certifications shall
remain in effect for no more than sixty
calendar days and shall
entitle the provider to offer publicly
funded child day-care
during the provisional period. Except
as otherwise provided in
division (G)(1) of this section, prior
to
the expiration of the
provisional limited certificate, a county department of
job and
family services shall inspect the home and shall
grant limited
certification to the provider if the provider
meets the
requirements of this division. Limited certificates remain valid
for two years unless earlier revoked. Except as otherwise
provided in division (G)(1) of this section, providers operating
under limited certification shall be inspected annually. If a provider is
a person described in division (G)(1)(a) of
this
section or a person described in division (G)(1)(b)
of this
section who is a friend of the caretaker parent, the provider and
the caretaker parent may verify in writing to the county
department of
job and family services that minimum health and
safety
requirements are being met in the home. If such
verification is provided, the
county shall waive any inspection
and any criminal records check required by this chapter and grant
limited
certification to the provider. (2) The rules shall provide for safeguarding the health,
safety, and welfare of children receiving child day-care or
publicly funded child day-care in a certified type B home and
shall include the following: (a) Standards for ensuring that the type B home and the
physical surroundings of the type B home are safe and sanitary,
including, but not limited to, physical environment, physical
plant, and equipment; (b) Standards for the supervision, care, and discipline of
children receiving child day-care or publicly funded child
day-care in the home; (c) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible; (d) Admission policies and procedures, health care, first
aid and emergency procedures, procedures for the care of sick
children, procedures for discipline and supervision of children,
nutritional standards, and procedures for screening children and
authorized providers, including, but not limited to, any
necessary
physical examinations and immunizations; (e) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and authorized
providers are protected and the responsibilities of parents and
authorized providers are met; (f) Standards for the safe transport of children when
under
the care of authorized providers; (g) Procedures for issuing, renewing, denying, refusing to
renew, or revoking certificates; (h) Procedures for the inspection of type B family
day-care
homes that require, at a minimum, that each type B
family day-care
home be inspected prior to certification to
ensure that the home
is safe and sanitary; (i) Procedures for record keeping and evaluation; (j) Procedures for receiving, recording, and responding
to
complaints; (k) Standards providing for the special needs of children
who are handicapped or who receive treatment for health
conditions
while the child is receiving child day-care or
publicly funded
child day-care in the type B home; (l) Requirements for the amount of usable indoor floor
space
for each child; (m) Requirements for safe outdoor play space; (n) Qualification and training requirements for
authorized
providers; (o) Procedures for granting a parent who is the
residential
parent and legal custodian, or a custodian or
guardian access to
the type B home during its hours of operation; (p) Any other procedures and standards necessary to carry
out this chapter. (H) The director shall adopt rules pursuant to
Chapter 119.
of the Revised Code governing the certification of
in-home aides.
The rules shall include procedures, standards,
and other necessary
provisions for granting limited certification
to in-home aides who
provide child day-care for eligible children
who are
great-grandchildren, grandchildren, nieces, nephews, or
siblings
of the in-home aide or for eligible children whose
caretaker
parent is a grandchild, child, niece, nephew, or
sibling of the
in-home aide. The rules shall require, and shall
include
procedures for the director to ensure, that in-home aides
that
receive a limited certification provide child day-care to
children
in a safe and sanitary manner. The rules shall provide
for
safeguarding the health, safety, and welfare of children
receiving
publicly funded child day-care in their own home and
shall include
the following: (1) Standards for ensuring that the child's home and the
physical surroundings of the child's home are safe and sanitary,
including, but not limited to, physical environment, physical
plant, and equipment; (2) Standards for the supervision, care, and discipline of
children receiving publicly funded child day-care in their own
home; (3) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible; (4) Health care, first aid, and emergency procedures,
procedures for the care of sick children, procedures for
discipline and supervision of children, nutritional standards,
and
procedures for screening children and in-home aides,
including,
but not limited to, any necessary physical
examinations and
immunizations; (5) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and in-home aides
are protected and the responsibilities of parents and in-home
aides are met; (6) Standards for the safe transport of children when
under
the care of in-home aides; (7) Procedures for issuing, renewing, denying, refusing to
renew, or revoking certificates; (8) Procedures for inspection of homes of children
receiving
publicly funded child day-care in their own homes; (9) Procedures for record keeping and evaluation; (10) Procedures for receiving, recording, and responding
to
complaints; (11) Qualifications and training requirements for in-home
aides; (12) Standards providing for the special needs of children
who are handicapped or who receive treatment for health
conditions
while the child is receiving publicly funded child
day-care in the
child's own home; (13) Any other procedures and standards necessary to carry
out this chapter. (I)
To the extent that any rules adopted for the purposes of
this section require a health care professional to perform a
physical examination, the rules shall include as a health care
professional a physician assistant, a clinical nurse specialist, a
certified nurse
practitioner, or a certified nurse-midwife. (J) The director of job and family services shall send
copies of
proposed rules to each licensee and each county director
of
job and family services and shall give public notice of
hearings
regarding the
rules to each licensee and each county
director of job and
family services at least thirty days prior to
the date of the public
hearing, in
accordance with section 119.03
of the Revised Code. Prior to the
effective date of a rule, the
director of job and family
services shall
provide copies of the
adopted rule to each licensee and each
county director of job and
family services. The county director of job and family services shall send
copies of
proposed rules to each authorized provider and in-home
aide and
shall give public notice of hearings regarding the rules
to each
authorized provider and in-home aide at least thirty days
prior
to the date of the public hearing, in accordance with
section
119.03 of the Revised Code. Prior to the effective date
of a
rule, the county director of job and family services shall
provide copies of the adopted rule to each authorized provider and
in-home
aide. Additional copies of proposed and adopted rules shall be
made
available by the director of job and family services
to the public
on
request at no charge. (J)(K) The director of job and family services shall review
all rules
adopted pursuant to this chapter at least once every
seven
years.
(K)(L) Notwithstanding any provision of the Revised Code,
the
director of job and family services shall not regulate in
any
way under
this chapter or rules adopted pursuant to this
chapter,
instruction in religious or moral doctrines, beliefs, or values.
Sec. 5503.08. Each state highway patrol officer shall, in
addition to the sick leave benefits provided in section 124.38 of
the Revised Code, be entitled to occupational injury leave.
Occupational injury leave of one thousand five hundred hours with
pay may, with the approval of the superintendent of the state
highway patrol, be used for absence resulting from each
independent injury incurred in the line of duty, except that
occupational injury leave is not available for injuries incurred
during those times when the patrol officer is actually engaged in
administrative or clerical duties at a patrol facility, when a
patrol officer is on a meal or rest period, or when the patrol
officer is engaged in any personal business. The superintendent
of the state highway patrol shall, by rule, define those
administrative and clerical duties and those situations where the
occurrence of an injury does not entitle the patrol officer to
occupational injury leave. Each injury incurred in the line of
duty which aggravates a previously existing injury, whether the
previously existing injury was so incurred or not, shall be
considered an independent injury. When its use is authorized
under this section, all occupational injury leave shall be
exhausted before any credit is deducted from unused sick leave
accumulated under section 124.38 of the Revised Code, except
that,
unless otherwise provided by the superintendent of the
state
highway patrol, occupational injury leave shall not be used
for
absence occurring within seven calendar days of the injury.
During
that seven calendar day period, unused sick leave may be
used for
such an absence. When occupational injury leave is used, it shall be
deducted
from the unused balance of the patrol officer's
occupational
injury leave for that injury on the basis of one
hour for every
one hour of absence from previously scheduled
work. Before a patrol
office
officer may use occupational injury
leave,
he
the patrol officer shall: (A) Apply to the superintendent for permission to use
occupational injury leave on a form that requires the patrol
officer to explain the nature of
his
the patrol officer's
independent injury and the circumstances under which it occurred;
and (B) Submit to a medical examination
conducted by a
physician
selected by the superintendent. The
physician
individual who
conducts the examination shall
report to the superintendent the
results of the examination and
whether or not the independent
injury prevents the patrol officer
from attending work. The superintendent shall, by rule, provide for periodic
medical examinations, by a physician he selects, of patrol
officers who are using occupational injury leave.
A
physician
The
individual selected to conduct the medical examinations shall
report to the superintendent the results of each such
examination,
including a description of the progress made by the
patrol officer
in recovering from the independent injury, and
whether or not the
independent injury continues to prevent the
patrol officer from
attending work.
The superintendent shall appoint to conduct medical
examinations under this division individuals authorized by the
Revised Code to do so, including any physician assistant, clinical
nurse specialist,
certified nurse practitioner, or
certified
nurse-midwife. A patrol officer is not entitled to use or continue to use
occupational injury leave
if he refuses
after refusing to submit
to a medical examination or
if the
physician
individual examining
him
the patrol
officer reports that the independent injury does
not prevent
him
the patrol officer from attending work. A patrol officer who falsifies an application for
permission
to use occupational injury leave or a
physician's
medical
examination report is subject to disciplinary action, including
dismissal. The superintendent shall, by rule, prescribe forms for the
application and
physician's
medical examination report. Occupational injury leave pay made according to this
section
is in lieu of such workers' compensation benefits as
would have
been payable directly to a patrol officer pursuant to
sections
4123.56 and 4123.58 of the Revised Code, but all other
compensation and benefits pursuant to Chapter 4123. of the
Revised
Code are payable as in any other case. If at the close
of the
period, the patrol officer remains disabled,
he
the patrol
officer
is entitled to all compensation and benefits, without a waiting
period pursuant to section 4123.55 of the Revised Code based upon
the injury received, for which
he
the patrol officer qualifies
pursuant to Chapter 4123. of the Revised Code. Compensation shall
be paid
from the date that the patrol officer ceases to receive
his
the
patrol officer's regular rate
of pay pursuant to this
section. Occupational injury leave shall not be credited to or, upon
use, deducted from, a patrol officer's sick leave.
Section 2. That existing sections 124.32, 124.41, 124.42,
124.50, 503.45, 503.47, 505.38, 709.012, 737.15, 737.16, 737.22,
911.11, 1561.26, 2151.53, 2743.62, 2907.29, 3107.02, 3111.91,
3319.13,
3327.10, 3331.02, 3331.06, 3331.07, 3773.41, 3773.42,
3773.45,
3919.29, 4506.10, 4507.20, 4715.30, 4933.122, 5104.011,
and 5503.08
of the Revised Code are hereby repealed.
Section 3. That the versions of sections 3327.10, 4506.10,
and 4507.20 that are scheduled to take effect January 1, 2004, be
amended to read as follows:
Sec. 3327.10. (A) No person shall be employed as driver
of
a school bus or motor van, owned and operated by any school
district or educational service center or privately owned and
operated under
contract with any
school district or service center
in this state, who has not received a
certificate
from the
educational service center governing board in case such person is
employed by a service center or by
a local school
district under
the supervision of the service center governing
board, or by the
superintendent of schools, in case such person is employed by the
board of a city or exempted village school district, certifying
that such person is at least eighteen years of age and is of good
moral character and is qualified physically and otherwise for
such
position. The service center governing board or the
superintendent, as the
case may be, shall provide for an annual
physical examination
that conforms with rules adopted by the state
board of education
of each driver to ascertain
the driver's
physical fitness
for such
employment. Any certificate may be
revoked by the authority
granting the same on proof that the
holder has been guilty of
failing to comply with division (D)(1)
of this section, or upon a
conviction or a guilty plea for a
violation, or any other action,
that results in a loss or
suspension of driving rights. Failure
to comply with such
division may be cause for disciplinary action
or termination of
employment under division (C) of section
3319.081, or section
124.34 of the Revised Code. (B) No person shall be employed as driver of a school bus
or
motor van not subject to the rules of the department of
education
pursuant to division (A) of this section who has not
received a
certificate from the school administrator or
contractor certifying
that such person is at least eighteen years
of age, is of good
moral character, and is qualified physically
and otherwise for
such position. Each driver shall have an
annual physical
examination which conforms to the state highway
patrol rules,
ascertaining
the driver's physical fitness for
such
employment.
The examination shall be performed by one of the
following: (1) A person licensed under Chapter 4731. of the Revised Code
or by another state to practice medicine and surgery or
osteopathic medicine and surgery; (2) A
registered nurse who holds a certificate of authority
issued under Chapter 4723. of the Revised Code to practice as
physician assistant, a
certified nurse practitioner
or, a clinical
nurse specialist
and is
practicing pursuant to a standard care
arrangement with a
collaborating physician, or a certified
nurse-midwife.
Any written documentation of the physical examination shall
be completed by the individual who performed the examination. Any certificate may be revoked by the authority
granting the
same on proof that the holder has been guilty of
failing to comply
with division (D)(2) of this section. (C) Any person who drives a school bus or motor van must
give satisfactory and sufficient bond except a driver who is an
employee of a school district and who drives a bus or motor van
owned by the school district. (D) No person employed as driver of a school bus or motor
van under this section who is convicted of a traffic violation or
who has had
the person's commercial driver's license
suspended
shall drive a school bus or motor van until
the
person
has filed
a
written notice of
the conviction
or
suspension,
as
follows: (1) If
the person is employed under division (A) of this
section,
the person shall file the notice
with
the
superintendent, or a
person
designated by the superintendent,
of
the school district
for
which
the person drives a school
bus or
motor van as an
employee or
drives a privately owned and
operated
school bus or
motor van
under contract. (2) If employed under division (B) of this section,
the
person shall file the notice
with the employing
school
administrator or
contractor, or a person designated by the
administrator or
contractor. (E) In addition to resulting in possible revocation of a
certificate as authorized by divisions (A) and (B) of this
section, violation of division (D) of this section is a minor
misdemeanor.
Sec. 4506.10. (A) No person who holds a valid commercial
driver's license shall drive a commercial motor vehicle unless
the person
is physically qualified to do so. Each person who
drives or
expects to drive a commercial motor vehicle in
interstate or
foreign commerce or is otherwise subject to 49
C.F.R. 391, et
seq., as amended, shall certify to the registrar of
motor
vehicles at the time of application for a commercial
driver's
license that
the person is in compliance with these
standards. Any
person who is not subject to 49 C.F.R. 391, et
seq., as amended,
also shall certify at the time of application
that
the person
is not
subject to these standards. (B) A person is qualified to drive a class B commercial
motor vehicle with a school bus endorsement, if
the person
has
been
certified as medically qualified in accordance with rules
adopted
by the department of education. (C)(1) Except as provided in division (C)(2) of this
section, any medical examination required by this section shall
be
performed only by
one of the following: (a) A person licensed under Chapter 4731. of the
Revised
Code to practice medicine or surgery or osteopathic
medicine and
surgery in this state, or licensed under any similar
law of
another state; (b) A
person licensed as a physician assistant
under Chapter
4730. of the Revised Code who practices under the supervision and
direction of a physician as required under that chapter and who is
authorized by the supervising physician to perform such a medical
examination; (c) A
person who is a certified nurse practitioner
or, a
clinical nurse specialist
licensed under Chapter 4723. of the
Revised Code who is practicing in accordance with a standard care
arrangement pursuant to section 4723.431 of the Revised Code, or a
certified nurse-midwife. (2) Any
part of
an examination
required by this
section
that pertains to visual acuity, field of vision, and the
ability
to recognize colors may be performed by a person licensed
under
Chapter 4725. of the Revised Code to practice optometry in
this
state, or licensed under any similar law of another state.
(3) Any written documentation of a physical examination
conducted pursuant to this section shall be completed by the
individual who performed the examination. (D) Whenever good cause appears, the registrar, upon
issuing
a commercial driver's license under this chapter, may
impose
restrictions suitable to the licensee's driving ability
with
respect to the type of motor vehicle or special mechanical
control
devices required on a motor vehicle
that the licensee
may
operate, or such other restrictions applicable to the
licensee as
the registrar determines to be necessary.
The registrar may either issue a special restricted license
or may set forth
upon the usual license
form
the
restrictions
imposed. The registrar, upon receiving satisfactory evidence of any
violation of the restrictions of
the license, may
impose a class
D license suspension of the license for
the period of time
specified in division (B)(4) of section 4510.02
of the Revised
Code. The registrar, upon receiving satisfactory evidence that an
applicant or holder of a commercial driver's license has violated
division (A)(4) of section 4506.04 of the Revised Code and
knowingly given false information in any application or
certification required by section 4506.07 of the Revised Code,
shall cancel the commercial driver's license of the person or any
pending application from the person for a commercial driver's
license or class D driver's license for a period of at least
sixty
days, during which time no application for a commercial
driver's
license or class D driver's license shall be received
from the
person. (E) Whoever violates this section is guilty of a misdemeanor
of the first degree.
Sec. 4507.20. The registrar of motor vehicles,
when the
registrar has good cause to
believe that the
holder of a
driver's
or commercial driver's license is incompetent
or otherwise not
qualified to be licensed, shall upon written
notice of at least
thirty days sent
to the licensee's last
known address, require
the licensee
to submit to a driver's
license examination, a
physical examination, or both, or a
commercial
driver's license
examination.
Upon
The physical examination may be conducted by any
individual authorized by the Revised Code to do so, including a
physician assistant, a clinical nurse specialist, a certified
nurse practitioner, or a certified nurse-midwife.
Any written
documentation of the physical examination shall be completed by
the individual who conducted the examination. Upon the
conclusion of
the examination,
the
registrar may
suspend
the
license
of the person,
may permit
the
licensee to
retain the
license, or may issue
the licensee a
restricted
license.
Refusal
or neglect
of the licensee to submit
to the
examination is
ground
for suspension
of
the licensee's
license.
Section 4. That the existing versions of sections 3327.10,
4506.10, and 4507.20 that are scheduled to take effect January 1,
2004, are hereby repealed.
Section 5. Sections 3 and 4 of this act take effect January
1, 2004.
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