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Sub. H. B. No. 143 As Passed by the HouseAs Passed by the House
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Willamowski, White, Raussen, Combs, Fessler, Kearns, Martin, Peterson, Reidelbach, Schneider, Seaver, Webster, Widowfield, Barrett, Beatty, Harwood, C. Evans, McGregor, Seitz, Gilb, Hood, Flowers, Driehaus, Blasdel, Carmichael, Brown, DeBose, Otterman, Mason, Allen, Blessing, Book, Carano, Cassell, Chandler, Core, DeGeeter, Domenick, Gibbs, Hartnett, Hughes, Key, Latta, Law, Miller, Oelslager, Sayre, Stewart, D., Taylor, Yuko
A BILL
To amend sections 2305.234, 2925.01, 3709.161, 3721.21, 4715.02, 4715.03, 4715.05, 4715.30, 4715.301, 4715.39, 4715.42, 4715.51, 4715.52, 4715.53, 4715.57, and 4715.99, to enact sections 4715.231, 4715.60, 4715.601, 4715.61, 4715.62, and 4715.63, and to repeal sections 4715.54, 4715.55, and 4715.58 of the Revised Code to make changes to the law governing dental x-ray machine operators, to provide for the registration of expanded function dental auxiliaries, to allow a dental hygienist under the supervision of a dentist to administer local anesthesia to a patient, and to make changes in the composition of the State Dental Board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2305.234, 2925.01, 3709.161, 3721.21, 4715.02, 4715.03, 4715.05, 4715.30, 4715.301, 4715.39, 4715.42, 4715.51, 4715.52, 4715.53, 4715.57, and 4715.99 be amended and sections 4715.231, 4715.60, 4715.601, 4715.61, 4715.62, and 4715.63 of the Revised Code be enacted to read as follows:
Sec. 2305.234. (A) As used in this section: (1)
"Chiropractic claim,"
"medical claim," and
"optometric
claim"
have the same meanings as in section
2305.113 of
the Revised
Code. (2)
"Dental claim" has the same meaning as in section
2305.113 of the Revised
Code, except that it does not include any
claim arising out of a dental
operation or any derivative claim
for relief that arises out of a dental
operation. (3)
"Governmental health care program" has the same meaning
as in
section
4731.65 of the Revised Code. (4)
"Health care facility or location" means a hospital, clinic, ambulatory surgical facility, office of a health care professional or associated group of health care professionals, training institution for health care professionals, or any other place where medical, dental, or other health-related diagnosis, care, or treatment is provided to a person. (5) "Health care professional" means any of the following
who
provide medical, dental, or other health-related
diagnosis,
care,
or treatment: (a) Physicians authorized under Chapter 4731. of the Revised
Code to practice
medicine and surgery or osteopathic medicine and
surgery; (b) Registered nurses and
licensed practical nurses licensed
under Chapter
4723. of the
Revised Code and individuals who hold a certificate of authority issued under that chapter that authorizes the practice of nursing as a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner; (c) Physician assistants authorized to practice under
Chapter 4730. of the
Revised Code; (d) Dentists and, dental hygienists, and expanded function dental auxiliaries licensed or registered under Chapter
4715. of the
Revised Code; (e) Physical therapists, physical therapist assistants, occupational therapists, and occupational therapy assistants licensed under Chapter 4755. of the
Revised
Code; (f) Chiropractors licensed under Chapter 4734. of the
Revised Code; (g) Optometrists licensed under Chapter 4725. of the Revised
Code; (h) Podiatrists authorized under Chapter 4731. of the
Revised Code to
practice podiatry; (i) Dietitians licensed under Chapter 4759. of the Revised
Code; (j) Pharmacists licensed under Chapter 4729. of the
Revised
Code; (k) Emergency medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic, certified under Chapter 4765. of the
Revised Code; (l) Respiratory care professionals licensed under Chapter 4761. of the Revised Code; (m) Speech-language pathologists and audiologists licensed under Chapter 4753. of the Revised Code. (6)
"Health care worker" means a person other than a health
care
professional who provides medical, dental, or other
health-related care or
treatment under the direction of a health
care professional with the authority
to direct that individual's
activities, including
medical technicians, medical assistants,
dental assistants,
orderlies, aides, and individuals acting in
similar capacities. (7)
"Indigent and uninsured person" means a person who meets
all of the
following requirements: (a) The person's income is not greater than two hundred
per
cent of the current poverty line as defined by the
United States office of
management and budget and revised in
accordance with section 673(2) of the
"Omnibus Budget
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
amended. (b) The person is not eligible to receive medical assistance
under Chapter
5111. of the Revised Code, disability medical assistance
under Chapter 5115. of the
Revised Code, or assistance under any
other governmental health care
program. (c) Either of the following applies: (i) The person is not a policyholder, certificate
holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan. (ii) The person is a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan, but the insurer,
policy,
contract, or plan denies coverage or is the subject of
insolvency
or bankruptcy proceedings in any jurisdiction. (8) "Nonprofit health care referral organization" means an entity that is not operated for profit and refers patients to, or arranges for the provision of, health-related diagnosis, care, or treatment by a health care professional or health care worker. (9)
"Operation" means any procedure that involves cutting or
otherwise
infiltrating human tissue by mechanical means, including
surgery, laser
surgery, ionizing radiation, therapeutic
ultrasound, or the removal of
intraocular foreign bodies.
"Operation" does not include the administration
of medication by
injection, unless the injection is administered in
conjunction
with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection. "Operation" does not include routine dental restorative procedures, the scaling of teeth, or extractions of teeth that are not impacted. (10)
"Tort action" means a civil action for
damages for
injury, death, or loss to person or property other
than a civil
action for damages for a breach of contract or
another agreement
between persons or government entities. (11)
"Volunteer" means an individual who provides any
medical, dental, or
other health-care related diagnosis, care, or
treatment without
the expectation of receiving and without receipt
of any compensation or other
form of remuneration from an indigent
and uninsured person,
another person on behalf of an indigent and
uninsured person, any
health care facility or location, any nonprofit health care referral organization, or any
other person or government entity. (12) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code. (13) "Deep sedation" means a drug-induced depression of consciousness during which a patient cannot be easily aroused but responds purposefully following repeated or painful stimulation, a patient's ability to independently maintain ventilatory function may be impaired, a patient may require assistance in maintaining a patent airway and spontaneous ventilation may be inadequate, and cardiovascular function is usually maintained.
(14) "General anesthesia" means a drug-induced loss of consciousness during which a patient is not arousable, even by painful stimulation, the ability to independently maintain ventilatory function is often impaired, a patient often requires assistance in maintaining a patent airway, positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function, and cardiovascular function may be impaired. (B)(1) Subject to divisions (F) and (G)(3) of this section,
a health care
professional who is a volunteer and complies with
division (B)(2) of this
section is not liable in damages to any
person or government entity in a tort
or other civil action,
including an action on a medical, dental,
chiropractic,
optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the volunteer in the provision to an indigent and uninsured person of
medical, dental, or other
health-related diagnosis, care, or
treatment, including the provision of samples of medicine and
other medical
products, unless the action or omission constitutes
willful or wanton
misconduct. (2) To qualify for the immunity described in division
(B)(1)
of this section, a health care professional shall
do all of the
following prior to providing diagnosis, care, or treatment: (a) Determine, in good faith, that the indigent and
uninsured
person is mentally capable of giving informed consent to
the provision of the diagnosis, care, or treatment and is
not
subject to duress or under undue influence; (b) Inform the person of the provisions of this section, including notifying the person that, by giving informed consent to the provision of the diagnosis, care, or treatment, the person cannot hold the health care professional liable for damages in a tort or other civil action, including an action on a medical, dental, chiropractic, optometric, or other health-related claim, unless the action or omission of the health care professional constitutes willful or wanton misconduct; (c) Obtain the informed consent of the person and a written
waiver, signed by the person or by
another individual on behalf of
and in the presence of the person, that states
that the person is
mentally competent to give informed consent and,
without being
subject to duress or under undue influence, gives
informed consent
to the provision of the diagnosis, care, or
treatment subject to
the provisions of this section. A written waiver under division (B)(2)(c) of this section shall state clearly and in conspicuous type that the person or other individual who signs the waiver is signing it with full knowledge that, by giving informed consent to the provision of the diagnosis, care, or treatment, the person cannot bring a tort or other civil action, including an action on a medical, dental, chiropractic, optometric, or other health-related claim, against the health care professional unless the action or omission of the health care professional constitutes willful or wanton misconduct. (3) A physician or podiatrist who is not covered
by medical
malpractice insurance, but complies with division
(B)(2) of this
section, is not required to comply with division (A) of section
4731.143 of the Revised Code. (C) Subject to divisions (F) and (G)(3) of this section,
health care workers
who are volunteers are not liable in damages
to any person or government
entity in a tort or other civil
action, including an action upon a medical,
dental, chiropractic,
optometric, or other health-related claim, for injury,
death, or
loss to person or property that allegedly arises from
an action or
omission of the health care worker in the
provision to an indigent and
uninsured
person of medical, dental, or other health-related diagnosis,
care,
or treatment, unless the action or omission constitutes
willful or wanton
misconduct. (D) Subject to divisions (F) and (G)(3) of this section, a nonprofit health care referral organization is not liable in damages to any person or government entity in a tort or other civil action, including an action on a medical, dental, chiropractic, optometric, or other health-related claim, for injury, death, or loss to person or property that allegedly arises from an action or omission of the nonprofit health care referral organization in referring indigent and uninsured persons to, or arranging for the provision of, medical, dental, or other health-related diagnosis, care, or treatment by a health care professional described in division (B)(1) of this section or a health care worker described in division (C) of this section, unless the action or omission constitutes willful or wanton misconduct. (E) Subject to divisions (F) and (G)(3) of this section and
to the extent that the registration requirements of section 3701.071
of the Revised Code apply, a
health care facility or location associated
with a health care professional
described in division (B)(1) of this section, a health care
worker described in division (C) of this section, or a nonprofit health care referral organization described in division (D) of this section is
not liable in
damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental,
chiropractic,
optometric, or
other health-related claim, for
injury, death, or loss to person or property
that allegedly arises
from an action or omission of the health care
professional or
worker or nonprofit health care referral organization relative to the medical,
dental,
or other health-related diagnosis, care, or treatment provided to an
indigent
and uninsured person on behalf of or at the health care facility or location, unless the action or omission
constitutes willful or
wanton misconduct. (F)(1) Except as provided in division (F)(2) of this
section, the immunities provided by divisions
(B), (C), (D), and (E) of
this section are not
available to a health care professional, health care worker, nonprofit health care referral organization, or health care facility or location if, at the time of an alleged
injury, death, or loss to person or property, the
health care professionals or health care workers involved are
providing one of the following: (a) Any medical, dental, or other health-related diagnosis,
care,
or treatment pursuant
to a community service work order
entered by a court under division
(B) of section 2951.02 of the
Revised
Code or imposed by a court as a community control
sanction; (b) Performance of an operation to which any one of the following applies:
(i) The operation requires the administration of deep sedation or general anesthesia.
(ii) The operation is a procedure that is not typically performed in an office. (iii) The individual involved is a health care professional, and the operation is beyond the scope of practice or the education, training, and competence, as applicable, of the health care professional. (c) Delivery of a baby or any other purposeful termination of a human pregnancy. (2) Division (F)(1) of this section does not apply when a health care professional or health care worker provides medical, dental, or other health-related diagnosis, care, or
treatment that is
necessary to preserve the life of a person in a
medical emergency. (G)(1) This section does not create a new cause
of action or
substantive legal right against a health care professional,
health
care worker, nonprofit health care referral organization, or health care facility or location. (2) This section does not affect any immunities from
civil
liability or defenses established by another section of the
Revised Code or available at common law to which
a health care professional, health care worker, nonprofit health care referral organization, or
health care facility or location may be entitled in
connection with the
provision of emergency or other medical, dental, or other health-related diagnosis,
care, or
treatment. (3) This section does not grant an immunity from tort
or
other civil liability to a health care professional, health care worker, nonprofit health care referral organization, or
health
care facility or location for actions that are outside the scope of
authority of health
care professionals or health care workers. (4) This section does not affect any legal responsibility of
a
health care professional, health care worker, or nonprofit health care referral organization to comply with
any applicable law of this state or rule of an agency of this
state. (5) This section does not affect any legal
responsibility of
a health care facility or location to comply
with any
applicable law of this state, rule of an agency of this
state, or
local code, ordinance, or regulation that pertains to
or regulates
building, housing, air pollution, water pollution,
sanitation,
health, fire, zoning, or safety.
Sec. 2925.01. As used in this chapter: (A)
"Administer,"
"controlled substance,"
"dispense,"
"distribute,"
"hypodermic,"
"manufacturer,"
"official written
order,"
"person,"
"pharmacist,"
"pharmacy,"
"sale,"
"schedule I,"
"schedule II,"
"schedule III,"
"schedule IV,"
"schedule V," and
"wholesaler" have the same meanings as in
section 3719.01 of the
Revised Code. (B)
"Drug dependent person" and
"drug of abuse" have the
same
meanings as in section 3719.011 of the Revised Code. (C)
"Drug,"
"dangerous drug,"
"licensed health professional
authorized to
prescribe
drugs," and
"prescription" have the same
meanings as in section
4729.01 of the Revised Code. (D)
"Bulk amount" of a controlled substance means any of
the
following: (1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III,
with the
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this
section,
whichever of the following is applicable: (a) An amount equal to or exceeding ten grams or
twenty-five
unit doses of a compound, mixture, preparation, or
substance that
is or contains any amount of a schedule I opiate
or opium
derivative; (b) An amount equal to or exceeding ten grams
of a
compound,
mixture, preparation, or substance that is or contains
any amount
of raw or gum opium; (c) An amount equal to or exceeding thirty
grams or ten
unit
doses of a compound, mixture, preparation, or substance that
is or
contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or
lysergic acid
amide, or a schedule I
stimulant or
depressant; (d) An amount equal to or exceeding twenty
grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound,
mixture,
preparation, or substance that is or contains any amount
of a
schedule II opiate or opium derivative; (e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is
or
contains any amount of phencyclidine; (f) An amount equal to or exceeding one hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified in a standard pharmaceutical reference manual of
a
compound, mixture, preparation, or substance that is or
contains
any amount of a schedule II stimulant that is in a final
dosage
form manufactured by a person authorized by the
"Federal
Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21
U.S.C.A. 301, as
amended, and the federal drug abuse control
laws, as defined in
section 3719.01 of the Revised Code, that is or contains
any
amount of a schedule II depressant
substance or a schedule II
hallucinogenic substance; (g) An amount equal to or exceeding three
grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws. (2) An amount equal to or exceeding one
hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified
in a standard pharmaceutical reference manual of a
compound,
mixture,
preparation, or substance that is or contains
any amount of a
schedule
III or IV substance other than an
anabolic
steroid or a schedule III opiate or opium derivative; (3) An amount equal to or exceeding twenty grams or five
times the maximum
daily dose in the usual dose range specified in
a standard pharmaceutical
reference manual of a compound, mixture,
preparation, or substance that is
or contains any amount of a
schedule III opiate or opium derivative; (4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance; (5) An amount equal to or exceeding two
hundred solid
dosage
units, sixteen grams, or sixteen milliliters of a
compound,
mixture, preparation, or substance that is or contains
any amount
of a schedule III anabolic steroid. (E)
"Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that
indicates that it is
the amount or unit by which
the controlled substance is separately
administered to or taken by an
individual. (F)
"Cultivate" includes planting, watering, fertilizing,
or
tilling. (G)
"Drug abuse offense" means any of the following: (1) A violation of division (A) of section 2913.02 that
constitutes theft of drugs, or a violation of section 2925.02,
2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13,
2925.22, 2925.23, 2925.24, 2925.31,
2925.32, 2925.36, or
2925.37 of the Revised Code; (2) A violation of an existing or former law of this or
any
other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section; (3) An offense under an existing or former law of this or
any other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element; (4) A conspiracy to commit, attempt to commit, or complicity
in
committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section. (H)
"Felony drug abuse offense" means any drug abuse
offense
that would constitute a felony under the laws of this
state, any
other state, or the United States. (I)
"Harmful intoxicant" does not include beer or
intoxicating liquor but means any
of the following: (1) Any compound, mixture,
preparation,
or substance the gas,
fumes, or vapor of which when
inhaled can
induce intoxication,
excitement, giddiness,
irrational behavior,
depression,
stupefaction, paralysis,
unconsciousness,
asphyxiation, or other
harmful physiological
effects, and
includes, but is not limited
to, any of the
following: (a) Any volatile organic solvent, plastic cement, model
cement, fingernail polish remover, lacquer thinner, cleaning
fluid, gasoline, or other preparation containing a volatile
organic solvent; (b) Any aerosol propellant; (c) Any fluorocarbon refrigerant;
(J)
"Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production. (K)
"Possess" or
"possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found. (L)
"Sample drug" means a drug or pharmaceutical
preparation
that would be hazardous to health or safety if used
without the
supervision of a licensed health
professional authorized to
prescribe drugs, or a drug of abuse,
and that, at one time, had
been placed in a container plainly
marked as a sample by a
manufacturer. (M)
"Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works: (1)
"The National Formulary"; (2)
"The United States Pharmacopeia," prepared by
authority
of the United States Pharmacopeial Convention, Inc.; (3) Other standard references that are approved by the
state
board of pharmacy. (N)
"Juvenile" means a person under eighteen years of age. (O)
"Counterfeit controlled substance" means any of the
following: (1) Any drug that bears, or whose container or label
bears,
a trademark, trade name, or other identifying mark used
without
authorization of the owner of rights to that trademark,
trade
name, or identifying mark; (2) Any unmarked or unlabeled substance that is
represented
to be a controlled substance manufactured, processed,
packed, or
distributed by a person other than the person that
manufactured,
processed, packed, or distributed it; (3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance; (4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale. (P) An offense is
"committed in the vicinity of a school" if
the
offender commits the offense on school premises, in a school
building, or
within one thousand feet of the boundaries of any
school premises, regardless of whether the offender knows the offense is being committed on school premises, in a school building, or within one thousand feet of the boundaries of any school premises. (Q)
"School" means any school operated by a board of
education, any community school established under Chapter 3314. of the Revised Code, or any nonpublic school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a criminal offense is committed. (R)
"School premises" means either of the following: (1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed; (2) Any other parcel of real property that is owned or
leased by a board of education of a school, the governing authority of a community school established under Chapter 3314. of the Revised Code, or the governing body
of a nonpublic school for which the state board of education prescribes
minimum standards under section 3301.07 of the Revised Code and
on
which some of the instruction, extracurricular activities, or
training of the school is conducted, whether or not any
instruction, extracurricular activities, or training provided by
the school is being conducted on the parcel of real property at
the time a criminal offense is committed. (S)
"School building" means any building in which any of
the
instruction, extracurricular activities, or training provided
by a
school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed. (T)
"Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government
of the Bar of Ohio. (U)
"Certified grievance committee" means a duly
constituted
and organized committee of the Ohio state bar
association or of
one or more local bar associations of the state
of Ohio that
complies with the criteria set forth in Rule V,
section 6 of the
Rules for the Government of the Bar of Ohio. (V)
"Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (36) of
this
section and that qualifies a person as a professionally
licensed
person. (W)
"Professionally licensed person" means any of the
following: (1) A person who has obtained a license as a manufacturer
of
controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code; (2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has
registered
as a public accountant under Chapter 4701. of the
Revised Code and
who holds an Ohio permit issued under that
chapter; (3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code; (4) A person who is registered as a landscape architect
under Chapter 4703. of the Revised Code or who holds a permit as
a
landscape architect issued under that chapter; (5) A person licensed under
Chapter
4707. of the Revised Code; (6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code; (7) A person licensed and regulated to engage in the
business of a debt pooling company by a legislative authority,
under authority of Chapter 4710. of the Revised Code; (8) A person who has been issued a cosmetologist's
license,
hair designer's license,
manicurist's license, esthetician's
license,
natural hair stylist's license, managing
cosmetologist's
license,
managing hair designer's license, managing manicurist's
license, managing
esthetician's
license,
managing natural hair
stylist's license, cosmetology
instructor's license,
hair design
instructor's license,
manicurist
instructor's license,
esthetics instructor's
license,
natural hair style instructor's
license, independent contractor's
license,
or tanning facility
permit under Chapter 4713. of the
Revised
Code; (9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate or who has been registered as an expanded function dental auxiliary under Chapter 4715. of the Revised Code; (10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory
license, or
who has been registered for an embalmer's or funeral
director's apprenticeship
under Chapter 4717. of the Revised Code; (11) A person who has been licensed as a registered nurse
or
practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code; (12) A person who has been licensed to practice optometry
or
to engage in optical dispensing under Chapter 4725. of the
Revised
Code; (13) A person licensed to act as a pawnbroker under
Chapter
4727. of the Revised Code; (14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code; (15) A person licensed as a pharmacist, a pharmacy
intern, a
wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code; (16) A person who is authorized to practice as a physician
assistant under
Chapter 4730. of the Revised Code; (17) A person who has been issued a certificate to
practice
medicine and surgery, osteopathic medicine and surgery,
a limited
branch of medicine, or podiatry under
Chapter 4731. of the Revised
Code; (18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code; (19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code; (20) A person who has been issued a license to
practice
chiropractic under Chapter 4734. of the Revised Code; (21) A person licensed to act as a real estate broker or
real estate salesperson under Chapter 4735. of the Revised Code; (22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code; (23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code; (24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code; (25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code; (26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code; (27) A person who has been issued a hearing aid dealer's
or
fitter's license or trainee permit under Chapter 4747. of the
Revised Code; (28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code; (29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code; (30) A person licensed to practice as a speech-language
pathologist
or audiologist under Chapter 4753. of the Revised
Code; (31) A person issued a license as an occupational
therapist
or physical therapist under Chapter 4755. of the
Revised Code; (32) A person who is licensed as a professional clinical
counselor or
professional counselor, licensed as a social worker
or independent social
worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code; (33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code; (34) A person who has been issued a license or
limited
permit to practice respiratory therapy under Chapter 4761. of
the
Revised Code; (35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code;
(36) A person who has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules. (X)
"Cocaine" means any of the following: (1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine; (2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer,
or
derivative of ecgonine, or a salt of an isomer or derivative
of
ecgonine; (3) A salt, compound, derivative, or preparation of a
substance identified in division
(X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine. (Y)
"L.S.D." means
lysergic acid diethylamide. (Z)
"Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid
concentrate,
liquid extract, or liquid distillate form. (AA)
"Marihuana" has the same meaning as in section
3719.01
of the Revised Code,
except that it does not include hashish. (BB) An offense is
"committed in the vicinity of a
juvenile"
if
the offender commits the offense within one hundred feet of a
juvenile or
within the view of a juvenile, regardless of whether
the
offender knows the age of the juvenile, whether the offender
knows the offense
is being committed within one hundred feet of or
within view of the juvenile,
or whether the juvenile actually
views the commission of the offense. (CC)
"Presumption for a prison term" or
"presumption that a
prison term shall be imposed" means a presumption, as described in
division
(D) of section 2929.13 of the Revised Code, that a prison
term is a necessary
sanction for a felony in order to comply with
the purposes and principles of
sentencing under section 2929.11 of
the Revised Code. (DD)
"Major drug offender" has the same meaning as in
section
2929.01 of the Revised Code. (EE)
"Minor drug possession offense" means either of the
following: (1) A violation of section 2925.11 of the Revised Code as
it
existed prior to July 1, 1996; (2) A violation of section 2925.11 of the Revised Code as it
exists on and
after July 1, 1996, that is a misdemeanor or a
felony of the fifth
degree. (FF)
"Mandatory prison term" has the same meaning as
in
section 2929.01 of the Revised Code. (GG)
"Crack cocaine" means a compound, mixture, preparation,
or
substance that is or contains any amount of cocaine that is
analytically
identified as the base form of cocaine or that is in
a form that resembles
rocks or pebbles generally intended for
individual use. (HH)
"Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.
(II)
"Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation,
business, amusement, or resort.
Sec. 3709.161. (A) The board of health of a city or
general health district may procure a policy or policies of
insurance insuring the members of the board, the health
commissioner, and the employees of the board against liability on
account of damage or injury to persons and property resulting
from any act or omission that occurs in
the individual's official
capacity as a member or employee of the board or resulting solely
out of such membership or employment. (B)(1) As used in this division, "health care
professional" means all of the following: (a) A dentist or, dental hygienist, or expanded function dental auxiliary
licensed or registered under Chapter 4715. of the Revised Code; (b) A registered nurse or licensed practical nurse licensed under Chapter
4723. of the Revised Code; (c) A person licensed under Chapter 4729. of the
Revised Code
to practice as a pharmacist; (d) A person authorized under Chapter 4730. of the Revised Code to practice
as a physician assistant; (e) A person authorized under Chapter
4731. of the Revised Code to practice medicine
and surgery, osteopathic medicine and surgery, or podiatry; (f) A psychologist licensed under
Chapter 4732. of the Revised Code; (g) A veterinarian licensed under Chapter 4741. of the Revised Code; (h) A speech-language pathologist or audiologist licensed under Chapter 4753.
of the Revised Code; (i) An occupational therapist, physical therapist, physical
therapist assistant, or athletic trainer licensed under
Chapter 4755. of the Revised Code; (j) A professional clinical counselor, professional
counselor, independent social worker, or social worker licensed
under Chapter 4757. of the Revised Code; (k) A dietician licensed under Chapter 4759. of the Revised Code. (2) The board of health of a city or general health
district may purchase liability insurance for a health care
professional with whom the board contracts for the provision of
health care services against liability on account of damage or
injury to persons and property arising from the health care
professional's performance of services under the contract. The
policy shall be purchased from an insurance company licensed to
do business in this state, if such a policy is available from
such a company. The board of health of a city or general health
district shall report the cost of the liability insurance policy
and subsequent increases in the cost to the director of health on
a form prescribed by the director.
Sec. 3721.21. As used in sections 3721.21 to 3721.34 of
the Revised Code: (A) "Long-term care facility" means either of the
following: (1) A nursing home as defined in section 3721.01 of the
Revised Code, other than a nursing home or part of a nursing home
certified as an intermediate care facility for the mentally
retarded under Title XIX of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C.A. 301, as amended; (2) A facility or part of a facility that is certified as
a skilled nursing facility or a nursing facility under Title
XVIII or XIX of the "Social Security Act." (B) "Residential care facility" has the same meaning as in section
3721.01 of the Revised Code. (C) "Abuse" means knowingly causing physical harm or
recklessly causing serious physical harm to a resident by
physical contact with the resident or by use of physical or
chemical restraint, medication, or isolation as punishment, for
staff convenience, excessively, as a substitute for treatment, or
in amounts that preclude habilitation and treatment. (D) "Neglect" means recklessly failing to provide a
resident with any treatment, care, goods, or service necessary to
maintain the health or safety of the resident when the failure
results in serious physical harm to the resident. "Neglect" does
not include allowing a resident, at the resident's option, to receive only
treatment by spiritual means
through prayer in accordance with the tenets of a recognized religious
denomination. (E) "Misappropriation" means depriving, defrauding, or
otherwise obtaining the real or personal property of a resident
by any means prohibited by the Revised Code, including violations
of Chapter 2911. or 2913. of the Revised Code. (F) "Resident" includes a resident, patient,
former resident or patient, or deceased resident or patient of a
long-term care facility or a residential care facility. (G) "Physical restraint" has the same meaning as in
section 3721.10 of the Revised Code. (H) "Chemical restraint" has the same meaning as in
section 3721.10 of the Revised Code. (I) "Nursing and nursing-related services" means
the personal care services and other services not constituting
skilled nursing care that are specified in rules the public
health council shall adopt in accordance with Chapter 119.
of the Revised Code. (J) "Personal care services" has the same meaning as in
section 3721.01 of the Revised Code. (K) "Nurse aide" means an individual, other than a
licensed health professional practicing within the scope of the professional's
license, who provides nursing
and nursing-related services to residents in a
long-term care facility, either as a
member of the staff of the facility for monetary compensation or as a
volunteer without monetary compensation. (L) "Licensed health professional" means all of the
following: (1) An occupational therapist or occupational therapy
assistant licensed under Chapter 4755. of the Revised Code; (2) A physical therapist or physical therapy assistant
licensed under Chapter 4755. of the Revised Code; (3) A physician authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery, osteopathic medicine and
surgery, or podiatry; (4) A physician assistant authorized under
Chapter 4730. of the Revised Code to practice as a physician assistant; (5) A registered nurse or licensed practical nurse
licensed under Chapter 4723. of the Revised Code; (6) A social worker or independent social worker
licensed under Chapter 4757. of the Revised Code or a social work assistant
registered under that chapter; (7) A speech-language pathologist or audiologist licensed under
Chapter 4753. of the Revised Code; (8) A dentist or, dental hygienist, or expanded function dental auxiliary licensed or registered under Chapter
4715. of the Revised Code; (9) An optometrist licensed under Chapter 4725. of the
Revised Code; (10) A pharmacist licensed under Chapter 4729. of the
Revised Code; (11) A psychologist licensed under Chapter 4732. of the
Revised Code; (12) A chiropractor licensed under Chapter 4734. of the
Revised Code; (13) A nursing home administrator licensed or temporarily
licensed under Chapter 4751. of the Revised Code; (14) A professional counselor or professional clinical counselor licensed
under Chapter 4757. of the Revised Code. (M) "Competency evaluation program" means a program
through which the competency of a nurse aide to provide nursing and
nursing-related services is evaluated. (N) "Training and competency evaluation program" means a
program of nurse aide training and evaluation of competency to
provide nursing and nursing-related services.
Sec. 4715.02. The governor, with the advice and consent of
the senate, shall appoint a state dental board consisting of
thirteen persons,
nine of whom shall be graduates of a
reputable
dental college, citizens of the United States, and
shall
have been in the legal and reputable practice of dentistry
in the
state at least five years next preceding their
appointment;
three of whom shall be
graduates of a reputable
school
of dental hygiene,
citizens of the United States, and
shall have been in the legal and reputable practice of dental
hygiene in the state at least five years next preceding
their appointment; and one of whom shall be a member of
the public at
large who is not associated with or financially
interested in the
practice of dentistry. Of the nine members who are in the practice of dentistry,
there shall be not more than two on the board at any time who are shall be
recognized as specialists pursuant to rules adopted by the board.
Of The specialists shall not represent the same specialty, and at no time shall a specialty that a board member represents be represented for two or more consecutive terms. Of the three members who are in the practice of dental hygiene,
not
more than one may be a person employed as a full-time teacher
of
dental hygiene students.
Representation Representation of the various
geographical areas of the state
shall be considered in making
appointments for members who are in
the practice of dentistry and
for members who are in the practice
of dental hygiene. Terms of office shall be
for
four years,
commencing on
the seventh day of April and ending
on the sixth
day of April. Each member
shall hold office from the date of
the
member's
appointment until
the end of the term for which the
member
was appointed.
Any
member appointed to fill a vacancy
occurring prior to the
expiration of the term for which the
member's predecessor
was
appointed
shall hold office for the
remainder of such term. Any
member
shall continue in office
subsequent to the expiration date
of
the member's
term until the
member's successor takes office, or
until a
period of sixty
days
has elapsed, whichever occurs first.
No person so appointed
shall
serve to exceed two
terms. The Ohio dental association may
submit
to the governor the
names of five nominees
for
each
position to be
filled by a dentist
and from the names so
submitted or from
others, at the governor's
discretion, the
governor shall
make such
appointments; provided
that all such
appointees shall
possess the
required
qualifications. The Ohio dental hygienists
association,
inc., may
submit
to the governor the names of five
nominees
for
each
position to be filled by a dental
hygienist
and
from the
names so
submitted or from others, at the
governor's discretion,
the
governor shall make such appointments;
provided that all such
appointees shall possess the required
qualifications.
No person
shall be appointed to the state dental board who is
employed by
or
practices in a corporation
holding a certificate of
authority
under Chapter
1751. of the Revised Code with a person
who is a
member of the board.
No member of the board shall administer to a student in this state or to a graduate of a dental college located in this state an examination on behalf of any of the following: the central regional dental testing service, inc., northeast regional board of dental examiners, inc., southern regional testing agency, inc., or western regional examining board.
Sec. 4715.03. (A) The state dental board shall organize
by
the election from its members of a president and a secretary.
It
shall hold meetings monthly at least eight months a year at
such
times and places as the board designates. A majority of the
members of the board shall constitute a quorum. The board shall
make such reasonable rules as it determines necessary pursuant to
Chapter 119. of the Revised Code. (B) A concurrence of a majority of the members of the
board
shall be required to grant, refuse, suspend, place on
probationary
status, revoke, refuse to renew, or refuse to
reinstate a license, certificate, or registration
or censure a license, certificate, or registration holder. (C) The board shall adopt rules establishing standards for
the safe practice of dentistry and dental hygiene and activities that may be performed by qualified
practitioners and shall, through its policies and activities,
promote such practice. The board shall adopt rules in accordance with Chapter 119.
of the Revised Code establishing universal blood and body fluid
precautions that shall be used by each person licensed, certified, or registered under this
chapter who performs exposure prone invasive procedures. The
rules shall define and establish requirements for universal blood
and body fluid precautions that include the following: (1) Appropriate use of hand washing; (2) Disinfection and sterilization of equipment; (3) Handling and disposal of needles and other sharp
instruments; (4) Wearing and disposal of gloves and other protective
garments and devices. (D) The board shall administer and enforce the provisions
of
this chapter. The board shall investigate evidence which
appears
to show that any person has violated any provision of
this
chapter. Any person may report to the board under oath any
information such person may have appearing to show a violation of
any provision of this chapter. In the absence of bad faith, any
person who reports such information or who testifies before the
board in any disciplinary proceeding conducted pursuant to
Chapter
119. of the Revised Code is not liable for civil damages
as a
result of
making the report or
providing
testimony. If after
investigation
the board determines that there are reasonable
grounds to believe
that a violation of this chapter has occurred,
the board shall
conduct disciplinary proceedings pursuant to
Chapter 119. of the
Revised Code
or provide for a license, certificate, or registration holder
to participate in the quality intervention program established
under section 4715.031 of the Revised Code. The board shall not
dismiss any complaint or
terminate any investigation except by a
majority vote of its
members. For the purpose of any disciplinary
proceeding or any
investigation conducted
under this division,
the
board may administer oaths,
order the taking of depositions,
issue subpoenas, compel the
attendance and testimony of persons
at
depositions and compel the
production of books, accounts,
papers,
documents, or other
tangible things. The hearings and
investigations of the board
shall be considered civil actions for
the purposes of section
2305.252 of the Revised Code.
Notwithstanding section 121.22 of
the Revised Code, proceedings
of
the board relative to the
investigation of a complaint or the
determination whether there
are reasonable grounds to believe
that
a violation of this chapter
has occurred are confidential
and are
not subject to discovery in
any civil action. (E)(1) The board shall examine or cause to be examined
eligible
applicants to practice dental hygiene.
The board may
distinguish by rule different classes of qualified
personnel
according to skill levels and require all or only
certain of these
classes of qualified personnel to be examined
and certified or registered by the
board. (2) The board shall administer a written jurisprudence examination to each applicant for a license to practice dentistry. The examination shall cover only the statutes and administrative rules governing the practice of dentistry in this state. (F) In accordance with Chapter 119. of the Revised Code,
the
board shall adopt, and may amend or rescind, rules
establishing
the eligibility criteria, the application and permit
renewal
procedures, and safety standards applicable to a dentist
licensed
under this chapter who applies for a permit to employ or
use
conscious intravenous sedation. These rules shall include
all of
the following: (1) The eligibility requirements and application
procedures
for an eligible dentist to obtain a conscious
intravenous sedation
permit; (2) The minimum educational and clinical training
standards
required of applicants, which shall include
satisfactory
completion of an advanced cardiac life support
course; (3) The facility equipment and inspection requirements; (5) Requirements for reporting adverse occurrences.
Sec. 4715.05. The prosecuting attorney of a county, or the
village solicitor or city director of law of a municipal
corporation, wherein a violation of this chapter allegedly
occurs, shall, when so requested by the state dental board, take
charge of and conduct the prosecution. In addition to any other remedy provided in this chapter,
the state dental board may request the attorney general, or the
prosecuting attorney of any county where a person is practicing
dentistry or dental hygiene without a license or, certificate, or registration from
the board as required by this chapter, to apply to the court of common pleas of the county
where the unauthorized practice occurs for any injunction to
restrain such practice. The court shall grant injunctive relief
upon a showing that the respondent named in the petition is
practicing dentistry or dental hygiene without a valid license or, certificate, or registration, or without an
exemption from licensure granted pursuant to this chapter from the required licensure, certification, or registration.
Sec. 4715.231. (A) As used in this section, "direct supervision" means a dentist licensed under this chapter is present, for purposes of consultation and direction, at the location where a dental hygienist performs the administration of local anesthesia to a patient. "Direct supervision" does not mean that the dentist must observe the administration of local anesthesia to a patient.
(B)
Under the direct supervision of a dentist, a dental hygienist may administer intraoral block and infiltration local anesthesia to a patient if the dental hygienist is in compliance with division (D) of this section and has done both of the following:
(1) Successfully completed a course in the administration of local anesthesia approved by the board and offered by a dental or dental hygiene program that is accredited by the commission on dental accreditation of the American dental association;
(2) Within eighteen months of completion of the anesthesia course, successfully passed a state or regional written examination on local anesthesia approved by the board.
(C) To be approved by the board, a local anesthesia administration course must contain not less than fifteen hours of didactic instruction and not less than fourteen hours of clinical experience and include instruction on each of the following subjects:
(1) Theory of pain control;
(2) Selection of pain control modalities;
(5) Pharmacology of local anesthetics;
(6) Pharmacology of vasoconstrictors;
(7) Psychological aspects of pain control;
(8) Systemic complications;
(9) Techniques of maxillary and mandibular anesthesia taught by a dentist or other qualified instructor;
(11) Local anesthesia medical emergencies.
(D) A dental hygienist may administer local anesthesia only if the dental hygienist has obtained current certification to perform basic cardiac life-support procedures as required by section 4715.251 of the Revised Code.
Sec. 4715.30. (A) The holder of a certificate or, license, or registration
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, or registration; (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, expanded function dental auxiliaries, 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 Except as provided in division (G) of this section: (a) 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)(b) Advertising that the certificate or, license, or registration 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, expanded function dental auxiliary, 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, or registration holder; (2) Place the license or, certificate, or registration 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, or registration; (4) Revoke the certificate or, license, or registration. Where the board places a holder of a license or, certificate, or registration
on probationary status pursuant to division (C)(2) of this
section, the board may subsequently suspend or revoke the license
or, certificate, or registration 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, or registration shall state
the
conditions under which the license or, certificate, or registration 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, or registration unconditionally when such conditions are
met. (D) If the physical or mental condition of a license or,
certificate, or registration holder is at issue in a disciplinary proceeding, the
board may order the license or, certificate, or registration holder to submit to
reasonable examinations by
an individual designated or
approved
by
the board and at the board's expense.
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, or registration 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, or registration, 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, or registration, the board shall give written notice of the
suspension
personally or by certified mail to the license or,
certificate, or registration
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, or registration
holder of the
right to a hearing pursuant to Chapter 119. of the
Revised Code. (F) Any holder of a certificate or, license, or registration 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, or registration 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, or registration under this division shall be
considered practicing
without a certificate or, license, or registration. The board
shall notify the
suspended individual of the suspension of the
individual's
certificate or, license, or registration 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, or registration
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, or registration. (G) Notwithstanding divisions (A)(11) and (12) of this
section, sanctions Sanctions
shall not be imposed under division (A)(11) of this section against any licensee license, certificate, or registration holder who
waives deductibles and
copayments as follows: (1) In compliance with the health benefit plan that
expressly allows such a
practice. Waiver of the deductibles or
copays copayments shall be made only with the
full knowledge and consent of
the plan purchaser, payer, and third-party
administrator. Such Documentation of the
consent shall be made available to the board upon
request. (2) For professional services rendered to any other person
licensed, certified, or registered pursuant
to this chapter to the extent allowed by this
chapter and the rules of the
board.
Sec. 4715.301. The state dental board shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing
standards for approving and designating physicians and facilities
as treatment providers for dentists or dental hygienists license, certificate, or registration holders under this chapter with
substance abuse problems and shall approve and designate
treatment providers in accordance with the rules. The rules
shall include standards for both inpatient and outpatient
treatment. The rules shall provide that to be approved, a
treatment provider must be capable of making an initial
examination to determine the type of treatment required for a
dentist or dental hygienist license, certificate, or registration holder with substance abuse problems.
Subject to the rules, the board shall review and approve
treatment providers on a regular basis and may, at its
discretion, withdraw or deny approval. An approved treatment provider shall: (A) Report to the board the name of any dentist or dental
hygienist license, certificate, or registration holder suffering or showing evidence of suffering inability to
practice under accepted standards as described in division (A)(8)
of section 4715.30 of the Revised Code who fails to comply within
one week with a referral for examination; (B) Report to the board the name of any impaired dentist
or dental hygienist license, certificate, or registration holder who fails to enter treatment within
forty-eight hours following the provider's determination that
treatment is needed; (C) Require every dentist or dental hygienist license, certificate, or registration holder who enters
treatment to agree to a treatment contract establishing the terms
of treatment and aftercare, including any required supervision or
restrictions of practice during treatment or aftercare; (D) Require a dentist or dental hygienist license, certificate, or registration holder to suspend
practice on entering any required inpatient treatment; (E) Report to the board any failure by an impaired dentist
or dental hygienist license, certificate, or registration holder to comply with the terms of the treatment
contract during inpatient or outpatient treatment or aftercare; (F) Report to the board the resumption of practice of any
impaired dentist or dental hygienist license, certificate, or registration holder before the treatment
provider has made a clear determination that the individual holder is
capable of practicing according to accepted standards of the
profession; (G) Require a dentist or dental hygienist license, certificate, or registration holder who resumes
practice after completion of treatment to comply with an
aftercare contract that meets the requirements of rules adopted
by the board for approval of treatment providers; (H) Report to the board any dentist or dental hygienist
license, certificate, or registration holder who suffers a relapse at any time during or following aftercare. Any dentist or dental hygienist license, certificate, or registration holder who enters into treatment
by an approved treatment provider shall be deemed to have waived
any confidentiality requirements that would otherwise prevent the
treatment provider from making reports required under this
section. In the absence of fraud or bad faith, no professional
association of dentists or dental hygienists licensed under this
chapter license, certificate, or registration holders that sponsors a committee or program to provide peer
assistance to dentists or dental hygienists license, certificate, or registration holders with substance abuse
problems, no representative or agent of such a committee or
program, and no member of the state dental board shall be liable
to any person for damages in a civil action by reason of actions
taken to refer a dentist or dental hygienist license, certificate, or registration holder to a treatment
provider designated by the board or actions or omissions of the
provider in treating a dentist or dental hygienist license, certificate, or registration holder. In the absence of fraud or bad faith, no person who reports
to the board a dentist or dental hygienist license, certificate, or registration holder with a suspected
substance abuse problem shall be liable to any person for damages
in a civil action as a result of making the report.
Sec. 4715.39. (A) The state dental board
may
define
the
duties
that may be performed by dental assistants and other
individuals designated by the board as qualified personnel.
If
defined, the
duties shall be defined in
rules adopted in
accordance with Chapter 119. of the Revised
Code. The rules
may
include training and practice standards for
dental
assistants and
other qualified
personnel. The standards
may
include examination
and issuance of
a certificate. If the board
issues a certificate,
the recipient shall
display the certificate
in a conspicuous
location in any office in which the
recipient is
employed to
perform the duties authorized by the certificate. (B) A dental assistant may
polish the
clinical crowns of teeth if all of the following
requirements are met: (1) The dental assistant's polishing activities are limited
to the use of
a rubber cup attached to a slow-speed rotary dental
hand piece to remove soft deposits that build up over time on the crowns of teeth. (2) The polishing is performed only after a dentist has evaluated the patient and any calculus detected on the teeth to be polished has been removed by a dentist or dental hygienist. (3) The dentist supervising the assistant supervises not
more than two
dental assistants engaging in polishing activities
at any given time. (4) The dental assistant is certified by the dental
assisting national
board or the Ohio commission on dental
assistant certification. (5) The dental assistant receives a certificate from the
board authorizing
the assistant to engage in the polishing
activities. The board
shall issue the
certificate if the
individual has successfully
completed training in the polishing of
clinical crowns through a program
accredited by the commission on
dental accreditation or equivalent training
approved by the board.
The training shall
include courses in basic dental anatomy and
infection
control, followed by a course in coronal polishing that
includes didactic,
preclinical, and clinical
training; any other
training
required by the board; and a skills assessment that
includes successful
completion of standardized testing. The board shall adopt rules pursuant to division (A) of this section establishing standards for approval of this training. (C) Subject to this section and the applicable rules of the board, licensed dentists may
assign to dental assistants and other qualified personnel dental
procedures that do not
require the professional competence or
skill of the licensed
dentist or, a dental hygienist, or an expanded function dental auxiliary as this section or the board by
rule authorizes
dental assistants and other qualified
personnel to
perform. The performance of dental procedures by
dental
assistants and other qualified personnel shall be under direct
supervision and full
responsibility of the licensed dentist. (D) Nothing in this section shall be construed by rule of
the
state dental board or otherwise to do the following: (1) Authorize dental assistants or other qualified
personnel
to engage in the
practice of dental hygiene as defined by sections
4715.22 and
4715.23 of the Revised Code or to perform the duties
of a dental
hygienist, including the removal of calcarious
deposits, dental cement, or
accretions on the crowns and roots of teeth other than as authorized pursuant to this section; (2) Authorize dental assistants or other qualified personnel to engage in the practice of an expanded function dental auxiliary as specified in section 4715.62 of the Revised Code or to perform the duties of an expanded function dental auxiliary other than as authorized pursuant to this section.
(3) Authorize
the assignment of any of the following: (b) Treatment planning and prescription,
including
prescription for drugs and medicaments or
authorization for
restorative, prosthodontic, or orthodontic
appliances; (c) Surgical procedures on hard or soft tissue of the
oral
cavity, or any other intraoral procedure that contributes to
or
results in an irremediable alteration of the oral anatomy; (d) The making of final impressions from which casts are
made
to
construct any dental restoration. (E) No dentist shall assign any dental assistant or other
individual acting in the capacity of qualified personnel to
perform
any dental procedure that the assistant or other
individual is not authorized by this section or by board
rule to perform. No dental
assistant or other individual acting in the
capacity of qualified
personnel shall perform any dental
procedure other than in
accordance with this section and any applicable board rule or any dental
procedure that the
assistant or other individual is not authorized
by this section or by board rule to
perform.
Sec. 4715.42. (A)(1) As used in this section, "indigent and
uninsured person" and
"operation" have the same meanings as in section 2305.234 of
the Revised Code.
(2) For the purposes of this section, a person shall be
considered retired from practice if the person's license or registration has been
surrendered or allowed to expire with the intention of ceasing to
practice as a dentist or, dental hygienist, or expanded function dental auxiliary for remuneration. (B) Within thirty days after receiving an application for a volunteer's certificate that includes all of the items listed in divisions (C)(1), (2), and (3) of this section, the state dental board shall issue, without examination, a
volunteer's certificate to a person who is retired from practice so that
the person may provide dental services to indigent and
uninsured persons. (C) An application for a volunteer's certificate shall include
all of the following: (1) A copy of the applicant's degree from dental college or, degree from
dental hygiene school, or diploma or other certificate of graduation or completion from the accredited educational institution or training program that provided the education or training necessary to obtain registration under this chapter to practice as an expanded function dental auxiliary. (2) One of the following, as applicable: (a) A copy of the applicant's most recent license or registration to practice
dentistry or dental hygiene as a dentist, dental hygienist, or expanded function dental auxiliary issued by a jurisdiction in the United
States that licenses or registers persons to practice dentistry or, dental
hygiene, or expanded function dental auxiliary. (b) A copy of the applicant's most recent license or registration equivalent to a
license or registration to practice dentistry or, dental hygiene, or as an expanded function dental auxiliary in one or more branches
of the United States armed services that the United States
government issued. (3) Evidence of one of the following, as applicable: (a) The applicant has maintained for at least ten years prior to
retirement full licensure or registration in good standing in any jurisdiction in the
United States that licenses or registers persons to practice dentistry
or, dental hygiene, or as an expanded function dental auxiliary. (b) The applicant has practiced as a dentist or, dental hygienist, or expanded function dental auxiliary
in good standing for at least ten years prior to retirement in one or
more branches of the United States armed services. (D) The holder of a volunteer's certificate may provide dental
services only to indigent and uninsured persons. The
holder shall not accept any form of remuneration for providing dental
services while in possession of the certificate. Except in a dental
emergency, the holder shall not perform any operation. The board may
revoke a volunteer's certificate on receiving proof satisfactory
to the board that the holder has engaged in practice in this state
outside the scope of the holder's certificate or that there are
grounds for action against the person under section 4715.30 of the
Revised Code. (E)(1) A volunteer's certificate shall be valid for a period of
three years, and may be renewed upon the application of the holder, unless the certificate was previously revoked under division
(D) of this section. The board shall maintain a register of all
persons who hold volunteer's certificates. The board shall not charge a fee for issuing or
renewing a certificate pursuant to this section. (2) To be eligible for renewal of a volunteer's certificate, the
holder of the certificate shall certify to the board completion of sixty one of the following: (a) Sixty
hours of continuing dental education that meets the requirements of
section 4715.141 of the Revised Code and the rules adopted under
that section, or completion of eighteen; (b) Eighteen hours of continuing dental
hygiene education that meets the requirements of section
4715.25 of the Revised Code and the rules adopted under that
section, as the case may be; (c) The number of hours of continuing expanded function dental auxiliary education that meets the requirements specified in rules adopted under section 4715.62 of the Revised Code. The board may not renew a
certificate if the holder has not complied with the appropriate
continuing education requirements. Any entity for which the holder provides dental services
may pay for or reimburse the holder for any costs incurred in obtaining the
required continuing education credits. (3) The board shall issue to each person who qualifies under this
section for a volunteer's certificate a wallet certificate and a wall
certificate that state that the certificate holder is authorized to
provide dental services pursuant to the laws of this state. The
holder shall keep the wallet certificate on the holder's person
while providing dental services and shall display the wall
certificate prominently at the location where the holder primarily practices. (4) The holder of a volunteer's certificate issued pursuant to
this section is subject to the immunity provisions in section 2305.234
of the Revised Code. (F) The board shall adopt rules in accordance with
Chapter 119.
of the Revised Code to administer and enforce this
section.
(G) Within ninety days after the effective date of this amendment April 7,, 2005, the state dental board shall make available through the board's website the application form for a volunteer's certificate under this section, a description of the application process, and a list of all items that are required by division (C) of this section to be submitted with the application.
Sec. 4715.51. As used in sections 4715.52 to 4715.58 4715.57 of the Revised Code,
"dental x-ray machine operator" means an individual who, under the
direct supervision of a dentist, performs standard,
diagnostic, radiologic procedures for the purpose of contributing to the
provision of dental care to a dental patient. As used in this section,
"standard, diagnostic, radiologic procedures" means those procedures involved
in using dental equipment that emits ionizing radiation, as defined in section
4773.01 of the Revised Code.
Sec. 4715.52. (A) Except as provided in division (B) of this section, no
person shall practice or hold himself out as a dental x-ray machine operator
without a valid license certificate issued under section 4715.53 of the Revised Code. (B) Division (A) of this section does not apply to any of the following: (1) Dentists or dental hygienists licensed under this chapter; (2) As specified in 42 C.F.R. 75, radiologic personnel employed by the
federal government or serving in a branch of the armed forces of the United
States; (3) Students engaging in any of the activities performed by dental x-ray
machine operators as an integral part of a program of study leading to receipt
of a license issued under this chapter, Chapter 4734., or Chapter 4773. of the
Revised Code; or a certificate issued under this chapter or Chapter 4731. of the Revised Code.
Sec. 4715.53. (A) Each individual seeking a license certificate to
practice as a dental x-ray machine operator shall apply to the
state dental board on a form the board shall prescribe and
provide. The application shall be accompanied by the license an
application fee established in rules adopted under section
4715.58 of the Revised Code of twenty-five dollars. (B) The board shall review all applications received and
issue a dental x-ray machine operator license certificate to each applicant
who meets the following requirements submits evidence satisfactory to the board of at least one of the following: (1) Is age eighteen or older. (2) Is of good moral character.
(3) Except as provided in division (C) of this section,
passes the examination administered under section 4715.54 of the
Revised Code;
(4) Complies with any other licensing standards
established in rules adopted under section 4715.58 of the Revised
Code.
(C) An applicant is not required to take a licensing
examination if any of the following apply:
(1) He The applicant holds certification from the dental assisting
national board or the Ohio commission on dental assistant
certification.
(2) He holds a conditional license issued under section
4715.55 of the Revised Code and has completed the continuing
education requirements established in rules adopted under section
4715.58 of the Revised Code. (3) He The applicant holds a license, certificate, permit, registration, or other credential
issued by another state that the board determines uses standards
for dental x-ray machine operators that are at least equal to
those established under this chapter.
(3) The applicant has successfully completed an educational program consisting of at least seven hours of instruction in dental x-ray machine operation that meets either of the following requirements:
(a) Has been approved by the board in accordance with section 4715.57 of the Revised Code;
(b) Is conducted by an institution accredited by the American dental association commission on dental accreditation. (D) A license certificate issued under this section expires two years
after it is issued and may be renewed if the license certificate holder
completes the continuing education requirements specified in
rules adopted by the board under section 4715.58 of the Revised
Code. Applications for license renewal shall be accompanied by
the renewal fee established in rules adopted under section
4715.58 of the Revised Code. Renewals does both of the following:
(1) Certifies to the board that the certificate holder has completed at least two hours of instruction in dental x-ray machine operation approved by the board in accordance with section 4715.57 of the Revised Code during the two-year period preceding the date the renewal application is received by the board.
(2) Submits a renewal fee of twenty-five dollars to the board. Renewals shall be made in
accordance with the standard renewal procedure established under
Chapter 4745. of the Revised Code. (E) The board shall refuse to issue or renew and may
suspend or revoke a dental x-ray machine operator license if the
applicant or license holder does not comply with the applicable
requirements of this chapter or rules adopted under it.
Sec. 4715.57. (A) Each person seeking accreditation approval for
an educational program or approval for a continuing education
program in dental x-ray machine operation shall apply to the
state dental board on a form the board shall prescribe and
provide. The application shall be accompanied by the
accreditation or approval a fee established in rules adopted under division (C) of this
section 4715.58 of the Revised Code. (B) The board shall accredit approve educational programs and
approve continuing education programs that meet the standards
established in rules adopted under division (C) of this section 4715.58 of the Revised
Code. The accreditation or approval shall be valid until
surrendered by the program or suspended or revoked by the board.
A program's accreditation or approval may be suspended or revoked
if the program does not comply with applicable requirements of
this chapter or rules adopted under it. (C) The board shall adopt rules in accordance with Chapter 119. of the Revised Code that are no less stringent than any of the applicable standards specified in 42 C.F.R. 75 to do both of the following: (1) For purposes of division (A) of this section, establish a fee that must accompany each application for approval of an educational program. (2) For purposes of division (B) of this section, establish standards that an educational program must meet to be approved by the board.
Sec. 4715.60. (A) Except as provided in division (C) of this section, each individual seeking to practice as an expanded function dental auxiliary shall file with the secretary of the state dental board a written application for registration, under oath, on a form the board shall prescribe and provide. An applicant shall include with the completed application all of the following:
(1) An application fee of twenty dollars;
(2) Proof that the individual holds current certification to perform basic life-support procedures, evidenced by documentation showing the successful completion of a basic life-support training course certified by either the American red cross or the American heart association;
(3) Evidence satisfactory to the board that the individual has successfully completed, at an educational institution accredited by the commission on dental accreditation of the American dental association or the higher learning commission of the north central association of colleges and schools, the education or training specified by the board in rules adopted under section 4715.63 of the Revised Code as the education or training that is necessary to obtain registration under this chapter to practice as an expanded function dental auxiliary, as evidenced by a diploma or other certificate of graduation or completion that has been signed by an appropriate official of the accredited institution that provided education or training.
(4) Evidence satisfactory to the board that the individual has passed an examination approved by the board in rules adopted under section 4715.63 of the Revised Code;
(5) Evidence satisfactory to the board that the individual is one of the following:
(a) An unlicensed dentist who has graduated from an accredited dental college, as specified in section 4715.10 of the Revised Code, and does not have a dental license under suspension or revocation by the board;
(b) A dental student who is enrolled in an accredited dental college, as specified in section 4715.10 of the Revised Code, and is considered by the dean of the college to be in good standing as a dental student;
(c) A graduate of a dental college located outside of the United States;
(d) A dental assistant who is certified by the dental assisting national board or the Ohio commission on dental assistant certification;
(e) A dental hygienist licensed under this chapter whose license is in good standing;
(f) An unlicensed dental hygienist who has graduated from an accredited dental hygiene school, as specified in section 4715.21 of the Revised Code, and does not have a dental hygienist license under suspension or revocation by the board.
(B) If an applicant complies with division (A) of this section, the board shall register the individual as an expanded function dental auxiliary.
(C) The following individuals may engage in the practice of expanded function dental auxiliary without complying with division (A) of this section:
(1) A dentist licensed under this chapter;
(2) A dental student who engages in any activities performed by expanded function dental auxiliaries as an integral part of a program of study leading to the receipt of a license to practice as a dentist under this chapter;
(3) An expanded function dental auxiliary student when the student participates in an educational or training activity of an accredited educational institution or a training program that does both of the following:
(a) Provides the education or training necessary to practice as an expanded function dental auxiliary;
(b) Ensures that a dentist licensed under this chapter, or a dentist who holds a limited teaching license issued under this chapter, is physically present in the facility where the expanded function dental auxiliary performs clinical dental procedures on patients. Sec. 4715.601. (A) Registration under section 4715.60 of the Revised Code expires on the thirty-first day of December of the year following the year in which the registration occurs. An individual may renew a registration for subsequent two-year periods by submitting both of the following to the secretary of the state dental board each time the individual seeks to renew a registration:
(1) A completed application for renewal, under oath, on a form the board shall prescribe and provide.
(2) A renewal fee of twenty dollars.
(B) If an individual complies with division (A) of this section and is not in violation of any section of this chapter or rule adopted under it, the board shall renew the individual's registration for a two-year period that expires on the thirty-first day of December of the year following the year in which the registration was renewed.
(C) Registration renewals under this section shall be in accordance with the standard renewal procedure established under Chapter 4745. of the Revised Code.
Sec. 4715.61. (A) The practice of an expanded function dental auxiliary shall consist of the following: (1) The procedures involved in the placement of restorative materials limited to amalgam restorative materials and non-metallic restorative materials, including direct-bonded restorative materials; (2) The procedures involved in the placement of sealants; (3) Any additional procedures authorized by the state dental board in rules adopted under section 4715.63 of the Revised Code. (B) An expanded function dental auxiliary shall practice under the direct supervision, order, control, and full responsibility of a dentist licensed under this chapter. At no time shall more than two expanded function dental auxiliaries be practicing as expanded function dental auxiliaries under the direct supervision of the same dentist. An expanded function dental auxiliary shall not practice as an expanded function dental auxiliary when the supervising dentist is not physically present at the location where the expanded function dental auxiliary is practicing.
(C) Nothing in this section shall be construed by rule of the board or otherwise to authorize an expanded function dental auxiliary to engage in the practice of dental hygiene as defined by sections 4715.22 and 4715.23 of the Revised Code.
Sec. 4715.62. The secretary of the state dental board shall keep a record of all persons registered under this chapter as expanded function dental auxiliaries. For each expanded function dental auxiliary, the record shall identify the location where the person primarily practices and the person's one or more supervising dentists.
Sec. 4715.63. (A) The state dental board shall adopt rules as the board considers necessary to implement and administer sections 4715.60 to 4715.62 of the Revised Code. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
(B) In adopting rules under this section, all of the following apply:
(1) For purposes of section 4715.60 of the Revised Code, the board shall adopt rules specifying the education or training necessary and the examination that must be passed for an individual to register as an expanded function dental auxiliary under this chapter.
(2) For purposes of section 4715.42 of the Revised Code, the board shall adopt rules specifying the number of hours of continuing expanded function dental auxiliary education an individual needs to renew a volunteer's certificate to practice as an expanded function dental auxiliary.
(3) For purposes of section 4715.61 of the Revised Code, the board may adopt rules specifying additional procedures an expanded function dental auxiliary may perform.
Sec. 4715.99. (A) Whoever violates section 4715.17 of the
Revised Code is guilty of a minor misdemeanor on a first offense and a
misdemeanor of the fourth degree on each subsequent offense. (B) Whoever violates section 4715.18 of the Revised Code
is guilty of a misdemeanor of the fourth degree. (C) Whoever violates section 4715.09, 4715.19, 4715.20,
4715.29, 4715.32, 4715.39, or 4715.52, or 4715.60 of the Revised Code is guilty of a
misdemeanor of the first degree on a first offense and a felony of the
fifth degree on each subsequent offense. (D) Whoever violates any provision of sections 4715.01 to
4715.39 of the
Revised Code this chapter for which no specific penalty has been prescribed
is guilty of a misdemeanor of the fourth degree on a first
offense and
a
misdemeanor of the second degree on each subsequent offense.
Section 2. That existing sections 2305.234, 2925.01, 3709.161, 3721.21, 4715.02, 4715.03, 4715.05, 4715.30, 4715.301, 4715.39, 4715.42, 4715.51, 4715.52, 4715.53, 4715.57, and 4715.99, and sections 4715.54, 4715.55, and 4715.58 of the Revised Code are hereby repealed.
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