|
To amend sections 1705.03, 1705.04, 1705.53, 1785.01, 1785.02, 1785.03, 3701.881, 3902.22, 4723.16, 4729.161, 4731.226, 4731.65, 4732.28, 4734.17, 4755.01 to 4755.13, 4755.40 to 4755.43, 4755.45 to 4755.48, 4755.50 to 4755.52, 4755.56, 4755.61 to 4755.66, and 4755.99; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 4755.01 (4755.04), 4755.02 (4755.05), 4755.03 (4755.01), 4755.04 (4755.02), 4755.05 (4755.06), 4755.06 (4755.07), 4755.07 (4755.08), 4755.08 (4755.09), 4755.09 (4755.10), 4755.10 (4755.11), 4755.11 (4755.12), 4755.12 (4755.13), and 4755.13 (4755.03); to enact new section 4755.44 and sections 4755.031, 4755.411, 4755.412, 4755.421, 4755.431, 4755.441, 4755.451, 4755.482, and 4755.511; and to repeal sections 4755.44 and 4755.49 of the Revised Code to make changes to the occupational therapy, physical therapy, and athletic trainers licensing laws. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That sections 1705.03, 1705.04, 1705.53, 1785.01, 1785.02, 1785.03, 3701.881, 3902.22, 4723.16, 4729.161, 4731.226, 4731.65, 4732.28, 4734.17, 4755.01, 4755.02, 4755.03, 4755.04, 4755.05, 4755.06, 4755.07, 4755.08, 4755.09, 4755.10, 4755.11, 4755.12, 4755.13, 4755.40, 4755.41, 4755.42, 4755.43, 4755.45, 4755.46, 4755.47, 4755.48, 4755.50, 4755.51, 4755.52, 4755.56, 4755.61, 4755.62, 4755.63, 4755.64, 4755.65, 4755.66, and 4755.99 be amended, sections 4755.01 (4755.04), 4755.02 (4755.05), 4755.03 (4755.01), 4755.04 (4755.02), 4755.05 (4755.06), 4755.06 (4755.07), 4755.07 (4755.08), 4755.08 (4755.09), 4755.09 (4755.10), 4755.10 (4755.11), 4755.11 (4755.12), 4755.12 (4755.13), and 4755.13 (4755.03) be amended for the purpose of adopting new section numbers as indicated in parentheses, and new section 4755.44 and sections 4755.031, 4755.411, 4755.412, 4755.421, 4755.431, 4755.441, 4755.451, 4755.482, and 4755.511 of the Revised Code be enacted to read as follows: Sec. 1705.03. (A) A limited liability company may sue and be sued. (B) Unless otherwise provided in its articles of organization, a limited liability company may take property of any description or any interest in property of any description by gift, devise, or bequest and may make donations for the public welfare or for charitable, scientific, or educational purposes. (C) In carrying out the purposes stated in its articles of organization or operating agreement and subject to limitations prescribed by law or in its articles of organization or its operating agreement, a limited liability company may do all of the following: (1) Purchase or otherwise acquire, lease as lessee or lessor, invest in, hold, use, encumber, sell, exchange, transfer, and dispose of property of any description or any interest in property of any description; (2) Make contracts; (3) Form or acquire the control of other domestic or foreign limited liability companies; (4) Be a shareholder, partner, member, associate, or participant in other profit or nonprofit enterprises or ventures; (5) Conduct its affairs in this state and elsewhere; (6) Render in this state and elsewhere a professional service, the kinds of
professional services
authorized under Chapters 4703. and 4733. of the Revised Code, or a
combination of the professional services of
optometrists authorized under Chapter 4725. of the Revised Code, chiropractors
authorized under Chapter 4734. of the Revised Code,
psychologists authorized under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses authorized under
Chapter 4723. of the Revised Code,
pharmacists
authorized under Chapter 4729.
of the Revised
Code, physical therapists
authorized under sections 4755.40 to (7) Borrow money; (8) Issue, sell, and pledge its notes, bonds, and other evidences of indebtedness; (9) Secure any of its obligations by mortgage, pledge, or deed of trust of all or any of its property; (10) Guarantee or secure obligations of any person; (11) Do all things permitted by law and exercise all authority within or incidental to the purposes stated in its articles of organization. (D) In addition to the authority conferred by division (C) of this section and irrespective of the purposes stated in its articles of organization or operating agreement but subject to any limitations stated in those articles or its operating agreement, a limited liability company may invest funds not currently needed in its business in any securities if the investment does not cause the company to acquire control of another enterprise whose activities and operations are not incidental to the purposes stated in the articles of organization of the company. (E)(1) No lack of authority or limitation upon the authority of a limited liability company shall be asserted in any action except as follows: (a) By the state in an action by it against the company; (b) By or on behalf of the company in an action against a manager, an officer, or any member as a member; (c) By a member as a member in an action against the company, a manager, an officer, or any member as a member; (d) In an action involving an alleged improper issue of a membership interest in the company. (2) Division (E)(1) of this section applies to any action commenced in this state upon any contract made in this state by a foreign limited liability company. Sec. 1705.04. (A) One or more persons, without regard to residence, domicile, or state of organization, may form a limited liability company. The articles of organization shall be signed and filed with the secretary of state and shall set forth all of the following: (1) The name of the company; (2) Except as provided in division (B) of this section, the period of its duration, which may be perpetual; (3) Any other provisions that are from the operating agreement or that are not inconsistent with applicable law and that the members elect to set out in the articles for the regulation of the affairs of the company. The legal existence of the company begins upon the filing of the articles of organization or on a later date specified in the articles of organization that is not more than ninety days after the filing. (B) If the articles of organization or operating agreement do not set forth the period of the duration of the limited liability company, its duration shall be perpetual. (C) If a limited liability company is formed under this
chapter for the purpose of rendering a professional service,
the
kinds of professional services authorized under Chapters
4703. and
4733. of the Revised Code, or a combination of the
professional
services of optometrists authorized under Chapter 4725.
of the
Revised Code, chiropractors authorized under Chapter 4734. of the
Revised Code,
psychologists authorized under
Chapter 4732. of the
Revised Code, registered or licensed
practical nurses authorized
under
Chapter 4723. of the Revised Code, pharmacists authorized
under Chapter
4729. of the Revised Code, physical therapists
authorized
under sections 4755.40 to (1) Each member, employee, or other agent of the company who renders a professional service in this state and, if the management of the company is not reserved to its members, each manager of the company who renders a professional service in this state shall be licensed, certificated, or otherwise legally authorized to render in this state the same kind of professional service; if applicable, the kinds of professional services authorized under Chapters 4703. and 4733. of the Revised Code; or, if applicable, any of the kinds of professional services of optometrists authorized under Chapter 4725. of the Revised Code, chiropractors authorized under Chapter 4734. of the Revised Code, psychologists authorized under Chapter 4732. of the Revised Code, registered or licensed practical nurses authorized under Chapter 4723. of the Revised Code, pharmacists authorized under Chapter 4729. of the Revised Code, physical therapists authorized under sections 4755.40 to 4755.53 of the Revised Code, occupational therapists authorized under sections 4755.04 to 4755.13 of the Revised Code, mechanotherapists authorized under section 4731.151 of the Revised Code, or doctors of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery authorized under Chapter 4731. of the Revised Code. (2) Each member, employee, or other agent of the company who renders a professional service in another state and, if the management of the company is not reserved to its members, each manager of the company who renders a professional service in another state shall be licensed, certificated, or otherwise legally authorized to render that professional service in the other state. (D) Except for the provisions of this chapter pertaining to the personal liability of members, employees, or other agents of a limited liability company and, if the management of the company is not reserved to its members, the personal liability of managers of the company, this chapter does not restrict, limit, or otherwise affect the authority or responsibilities of any agency, board, commission, department, office, or other entity to license, certificate, register, and otherwise regulate the professional conduct of individuals or organizations of any kind rendering professional services in this state or to regulate the practice of any profession that is within the jurisdiction of the agency, board, commission, department, office, or other entity, notwithstanding that the individual is a member or manager of a limited liability company and is rendering the professional services or engaging in the practice of the profession through the limited liability company or that the organization is a limited liability company. (E) No limited liability company formed
for the
purpose of
providing a combination of the professional services, as defined
in
section 1785.01 of the Revised Code, of optometrists authorized
under Chapter 4725.
of the Revised Code, chiropractors authorized
under Chapter 4734. of the Revised Code,
psychologists authorized
under Chapter 4732. of the Revised Code,
registered
or licensed
practical nurses authorized under Chapter 4723. of the Revised
Code,
pharmacists authorized under Chapter 4729. of the Revised
Code, physical therapists authorized under sections 4755.40 to
This division does not prevent a hospital, as defined in section 3727.01 of the Revised Code, insurer, as defined in section 3999.36 of the Revised Code, or intermediary organization, as defined in section 1751.01 of the Revised Code, from entering into a contract with a limited liability company described in this division that includes a provision requiring utilization review, quality assurance, peer review, or other performance or quality standards. Those activities shall not be construed as controlling the professional clinical judgment of an individual practitioner listed in this division. Sec. 1705.53. Subject to any contrary provisions of the Ohio Constitution,
the laws of the state under which a foreign limited liability company is
organized govern its organization and internal affairs and the liability of
its members. A foreign limited liability company may not be denied a
certificate of registration as a foreign limited liability company in this
state because of any difference between the laws of the state under which it
is organized and the laws of this state. However, a foreign limited liability
company that applies for registration under this chapter to render a
professional service in this state, as a condition to obtaining and
maintaining a certificate of registration, shall comply with the requirements
of division (C) of section 1705.04 of the Revised Code
and shall comply with the requirements of Chapters 4703.
and 4733. of the Revised Code if the kinds of
professional services authorized under those chapters are to be
rendered or with the
requirements of Chapters 4723., 4725.,
4729., 4731., 4732.,
4734., and 4755. of the Revised Code
if a combination of the professional services of
optometrists
authorized
under Chapter 4725. of the Revised Code, chiropractors authorized under
Chapter 4734. of the Revised Code,
psychologists authorized under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses authorized under
Chapter 4723. of the Revised Code,
pharmacists
authorized under Chapter 4729.
of the Revised
Code, physical therapists
authorized under sections 4755.40 to Sec. 1785.01. As used in this chapter: (A) "Professional service" means any type of professional
service that may be performed only pursuant to a license,
certificate, or other legal authorization
issued pursuant to Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729.,
4730., 4731.,
4732., 4733., 4734., or 4741., sections (B) "Professional association" means an association
organized under this chapter for the sole purpose of rendering
one of the professional services authorized under Chapter 4701.,
4703., 4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733.,
4734., or 4741., sections Sec. 1785.02. An individual or group of individuals each
of whom is licensed, certificated, or otherwise legally
authorized to render within this state the same kind of professional
service, a group
of individuals each of whom is licensed, certificated, or
otherwise legally authorized
to render within this state the professional service authorized under
Chapter 4703. or 4733. of the Revised
Code, or a group of individuals each of whom is licensed,
certificated, or otherwise legally authorized to render within
this state the professional service of optometrists authorized
under Chapter 4725. of the Revised
Code, chiropractors authorized under
Chapter 4734. of the Revised Code,
psychologists authorized under
Chapter 4732. of the Revised Code,
registered or licensed practical nurses authorized under
Chapter 4723. of the Revised Code,
pharmacists
authorized under Chapter 4729.
of the Revised
Code, physical therapists
authorized under sections 4755.40 to Sec. 1785.03. A professional association may render a particular professional service only through officers, employees, and agents who are themselves duly licensed, certificated, or otherwise legally authorized to render the professional service within this state. As used in this section, "employee" does not include clerks, bookkeepers, technicians, or other individuals who are not usually and ordinarily considered by custom and practice to be rendering a particular professional service for which a license, certificate, or other legal authorization is required and does not include any other person who performs all of that person's employment under the direct supervision and control of an officer, agent, or employee who renders a particular professional service to the public on behalf of the professional association. No professional association formed
for the
purpose of providing a combination of the professional services, as defined in
section 1785.01 of the Revised Code, of optometrists authorized under Chapter
4725. of the Revised Code, chiropractors authorized under Chapter 4734.
of the
Revised Code, psychologists authorized under Chapter 4732. of the Revised
Code, registered
or licensed practical nurses authorized under Chapter 4723. of the Revised
Code, pharmacists authorized under Chapter 4729. of the Revised Code, physical
therapists authorized under sections 4755.40 to This division does not prevent a hospital, as defined in section 3727.01 of the Revised Code, insurer, as defined in section 3999.36 of the Revised Code, or intermediary organization, as defined in section 1751.01 of the Revised Code, from entering into a contract with a professional association described in this division that includes a provision requiring utilization review, quality assurance, peer review, or other performance or quality standards. Those activities shall not be construed as controlling the professional clinical judgment of an individual practitioner listed in this division. Sec. 3701.881. (A) As used in this section: (1) "Applicant" means both of the following: (a) A person who is under final consideration for appointment to or employment with a home health agency in a position as a person responsible for the care, custody, or control of a child; (b) A person who is under final consideration for employment with a home health agency in a full-time, part-time, or temporary position that involves providing direct care to an older adult. With regard to persons providing direct care to older adults, "applicant" does not include a person who provides direct care as a volunteer without receiving or expecting to receive any form of remuneration other than reimbursement for actual expenses. (2) "Criminal records check" and "older adult" have the same meanings as in section 109.572 of the Revised Code. (3) "Home health agency" means a person or government entity, other than a nursing home, residential care facility, or hospice care program, that has the primary function of providing any of the following services to a patient at a place of residence used as the patient's home: (a) Skilled nursing care; (b) Physical therapy; (c) Speech-language pathology; (d) Occupational therapy; (e) Medical social services; (f) Home health aide services. (4) "Home health aide services" means any of the following services provided by an individual employed with or contracted for by a home health agency: (a) Hands-on bathing or assistance with a tub bath or shower; (b) Assistance with dressing, ambulation, and toileting; (c) Catheter care but not insertion; (d) Meal preparation and feeding. (5) "Hospice care program" has the same meaning as in section 3712.01 of the Revised Code. (6) "Medical social services" means services provided by a social worker under the direction of a patient's attending physician. (7) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code. (8) "Nursing home," "residential care facility," and "skilled nursing care" have the same meanings as in section 3721.01 of the Revised Code. (9) "Occupational therapy" has the same meaning as in section (10) "Physical therapy" has the same meaning as in section 4755.40 of the Revised Code. (11) "Social worker" means a person licensed under Chapter 4757. of the Revised Code to practice as a social worker or independent social worker. (12) "Speech-language pathology" has the same meaning as in section 4753.01 of the Revised Code. (B)(1) Except as provided in division (I) of this section, the chief administrator of a home health agency shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check with respect to each applicant. If the position may involve both responsibility for the care, custody, or control of a child and provision of direct care to an older adult, the chief administrator shall request that the superintendent conduct a single criminal records check for the applicant. If an applicant for whom a criminal records check request is required under this division does not present proof of having been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested or does not provide evidence that within that five-year period the superintendent has requested information about the applicant from the federal bureau of investigation in a criminal records check, the chief administrator shall request that the superintendent obtain information from the federal bureau of investigation as a part of the criminal records check for the applicant. Even if an applicant for whom a criminal records check request is required under this division presents proof that the applicant has been a resident of this state for that five-year period, the chief administrator may request that the superintendent include information from the federal bureau of investigation in the criminal records check. (2) Any person required by division (B)(1) of this section to request a criminal records check shall provide to each applicant for whom a criminal records check request is required under that division a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard impression sheet prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code, obtain the completed form and impression sheet from each applicant, and forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation at the time the chief administrator requests a criminal records check pursuant to division (B)(1) of this section. (3) An applicant who receives pursuant to division (B)(2) of this section a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a copy of an impression sheet prescribed pursuant to division (C)(2) of that section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and shall provide the impression sheets with the impressions of the applicant's fingerprints. If an applicant, upon request, fails to provide the information necessary to complete the form or fails to provide fingerprint impressions, the home health agency shall not employ that applicant for any position for which a criminal records check is required by division (B)(1) of this section. (C)(1) Except as provided in rules adopted by the department of health in accordance with division (F) of this section and subject to division (C)(3) of this section, no home health agency shall employ a person as a person responsible for the care, custody, or control of a child if the person previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code; (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (C)(1)(a) of this section. (2) Except as provided in rules adopted by the department of health in accordance with division (F) of this section and subject to division (C)(3) of this section, no home health agency shall employ a person in a position that involves providing direct care to an older adult if the person previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code. (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (C)(2)(a) of this section. (3)(a) A home health agency may employ conditionally an applicant for whom a criminal records check request is required under division (B) of this section as a person responsible for the care, custody, or control of a child until the criminal records check regarding the applicant required by this section is completed and the agency receives the results of the criminal records check. If the results of the criminal records check indicate that, pursuant to division (C)(1) of this section, the applicant does not qualify for employment, the agency shall release the applicant from employment unless the agency chooses to employ the applicant pursuant to division (F) of this section. (b)(i) A home health agency may employ conditionally an applicant for whom a criminal records check request is required under division (B) of this section in a position that involves providing direct care to an older adult or in a position that involves both responsibility for the care, custody, and control of a child and the provision of direct care to older adults prior to obtaining the results of a criminal records check regarding the individual, provided that the agency shall request a criminal records check regarding the individual in accordance with division (B)(1) of this section not later than five business days after the individual begins conditional employment. In the circumstances described in division (I)(2) of this section, a home health agency may employ conditionally in a position that involves providing direct care to an older adult an applicant who has been referred to the home health agency by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and for whom, pursuant to that division, a criminal records check is not required under division (B) of this section. In the circumstances described in division (I)(4) of this section, a home health agency may employ conditionally in a position that involves both responsibility for the care, custody, and control of a child and the provision of direct care to older adults an applicant who has been referred to the home health agency by an employment service that supplies full-time, part-time, or temporary staff for positions involving both responsibility for the care, custody, and control of a child and the provision of direct care to older adults and for whom, pursuant to that division, a criminal records check is not required under division (B) of this section. (ii) A home health agency that employs an individual conditionally under authority of division (C)(3)(b)(i) of this section shall terminate the individual's employment if the results of the criminal records check requested under division (B)(1) of this section or described in division (I)(2) or (4) of this section, other than the results of any request for information from the federal bureau of investigation, are not obtained within the period ending thirty days after the date the request is made. Regardless of when the results of the criminal records check are obtained, if the individual was employed conditionally in a position that involves the provision of direct care to older adults and the results indicate that the individual has been convicted of or pleaded guilty to any of the offenses listed or described in division (C)(2) of this section, or if the individual was employed conditionally in a position that involves both responsibility for the care, custody, and control of a child and the provision of direct care to older adults and the results indicate that the individual has been convicted of or pleaded guilty to any of the offenses listed or described in division (C)(1) or (2) of this section, the agency shall terminate the individual's employment unless the agency chooses to employ the individual pursuant to division (F) of this section. Termination of employment under this division shall be considered just cause for discharge for purposes of division (D)(2) of section 4141.29 of the Revised Code if the individual makes any attempt to deceive the agency about the individual's criminal record. (D)(1) Each home health agency shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted in accordance with that section upon the request pursuant to division (B)(1) of this section of the chief administrator of the home health agency. (2) A home health agency may charge an applicant a fee for the costs it incurs in obtaining a criminal records check under this section, unless the medical assistance program established under Chapter 5111. of the Revised Code reimburses the agency for the costs. A fee charged under division (D)(2) of this section shall not exceed the amount of fees the agency pays under division (D)(1) of this section. If a fee is charged under division (D)(2) of this section, the agency shall notify the applicant at the time of the applicant's initial application for employment of the amount of the fee and that, unless the fee is paid, the agency will not consider the applicant for employment. (E) The report of any criminal records check conducted by the bureau of criminal identification and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request made under division (B)(1) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following: (1) The individual who is the subject of the criminal records check or the individual's representative; (2) The home health agency requesting the criminal records check or its representative; (3) The administrator of any other facility, agency, or program that provides direct care to older adults that is owned or operated by the same entity that owns or operates the home health agency; (4) Any court, hearing officer, or other necessary individual involved in a case dealing with a denial of employment of the applicant or dealing with employment or unemployment benefits of the applicant; (5) Any person to whom the report is provided pursuant to, and in accordance with, division (I)(1), (2), (3), or (4) of this section. (F) The department of health shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section. The rules shall specify circumstances under which the home health agency may employ a person who has been convicted of or pleaded guilty to an offense listed or described in division (C)(1) of this section but who meets standards in regard to rehabilitation set by the department or employ a person who has been convicted of or pleaded guilty to an offense listed or described in division (C)(2) of this section but meets personal character standards set by the department. (G) Any person required by division (B)(1) of this section to request a criminal records check shall inform each person, at the time of initial application for employment that the person is required to provide a set of fingerprint impressions and that a criminal records check is required to be conducted and satisfactorily completed in accordance with section 109.572 of the Revised Code if the person comes under final consideration for appointment or employment as a precondition to employment for that position. (H) In a tort or other civil action for damages that is brought as the result of an injury, death, or loss to person or property caused by an individual who a home health agency employs in a position that involves providing direct care to older adults, all of the following shall apply: (1) If the agency employed the individual in good faith and reasonable reliance on the report of a criminal records check requested under this section, the agency shall not be found negligent solely because of its reliance on the report, even if the information in the report is determined later to have been incomplete or inaccurate; (2) If the agency employed the individual in good faith on a conditional basis pursuant to division (C)(3)(b) of this section, the agency shall not be found negligent solely because it employed the individual prior to receiving the report of a criminal records check requested under this section; (3) If the agency in good faith employed the individual according to the personal character standards established in rules adopted under division (F) of this section, the agency shall not be found negligent solely because the individual prior to being employed had been convicted of or pleaded guilty to an offense listed or described in division (C)(1) or (2) of this section. (I)(1) The chief administrator of a home health agency is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant for a position that involves the provision of direct care to older adults if the applicant has been referred to the agency by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and both of the following apply: (a) The chief administrator receives from the employment service or the applicant a report of the results of a criminal records check regarding the applicant that has been conducted by the superintendent within the one-year period immediately preceding the applicant's referral; (b) The report of the criminal records check demonstrates that the person has not been convicted of or pleaded guilty to an offense listed or described in division (C)(2) of this section, or the report demonstrates that the person has been convicted of or pleaded guilty to one or more of those offenses, but the home health agency chooses to employ the individual pursuant to division (F) of this section. (2) The chief administrator of a home health agency is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant for a position that involves providing direct care to older adults and may employ the applicant conditionally in a position of that nature as described in this division, if the applicant has been referred to the agency by an employment service that supplies full-time, part-time, or temporary staff for positions involving the direct care of older adults and if the chief administrator receives from the employment service or the applicant a letter from the employment service that is on the letterhead of the employment service, dated, and signed by a supervisor or another designated official of the employment service and that states that the employment service has requested the superintendent to conduct a criminal records check regarding the applicant, that the requested criminal records check will include a determination of whether the applicant has been convicted of or pleaded guilty to any offense listed or described in division (C)(2) of this section, that, as of the date set forth on the letter, the employment service had not received the results of the criminal records check, and that, when the employment service receives the results of the criminal records check, it promptly will send a copy of the results to the home health agency. If a home health agency employs an applicant conditionally in accordance with this division, the employment service, upon its receipt of the results of the criminal records check, promptly shall send a copy of the results to the home health agency, and division (C)(3)(b) of this section applies regarding the conditional employment. (3) The chief administrator of a home health agency is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant for a position that involves both responsibility for the care, custody, and control of a child and the provision of direct care to older adults if the applicant has been referred to the agency by an employment service that supplies full-time, part-time, or temporary staff for positions involving both responsibility for the care, custody, and control of a child and the provision of direct care to older adults and both of the following apply: (a) The chief administrator receives from the employment service or applicant a report of a criminal records check of the type described in division (I)(1)(a) of this section; (b) The report of the criminal records check demonstrates that the person has not been convicted of or pleaded guilty to an offense listed or described in division (C)(1) or (2) of this section, or the report demonstrates that the person has been convicted of or pleaded guilty to one or more of those offenses, but the home health agency chooses to employ the individual pursuant to division (F) of this section. (4) The chief administrator of a home health agency is not required to request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check of an applicant for a position that involves both responsibility for the care, custody, and control of a child and the provision of direct care to older adults and may employ the applicant conditionally in a position of that nature as described in this division, if the applicant has been referred to the agency by an employment service that supplies full-time, part-time, or temporary staff for positions involving both responsibility for the care, custody, and control of a child and the direct care of older adults and if the chief administrator receives from the employment service or the applicant a letter from the employment service that is on the letterhead of the employment service, dated, and signed by a supervisor or another designated official of the employment service and that states that the employment service has requested the superintendent to conduct a criminal records check regarding the applicant, that the requested criminal records check will include a determination of whether the applicant has been convicted of or pleaded guilty to any offense listed or described in division (C)(1) or (2) of this section, that, as of the date set forth on the letter, the employment service had not received the results of the criminal records check, and that, when the employment service receives the results of the criminal records check, it promptly will send a copy of the results to the home health agency. If a home health agency employs an applicant conditionally in accordance with this division, the employment service, upon its receipt of the results of the criminal records check, promptly shall send a copy of the results to the home health agency, and division (C)(3)(b) of this section applies regarding the conditional employment. Sec. 3902.22. The superintendent of insurance shall
develop
a standard claim form
to be used by all
third-party
payers
and
providers for reimbursement of health care
services and
supplies,
taking into consideration the
special needs
of, and
differences
between, third-party payers. The
standard
claim form
shall be
prescribed
in rules
the
superintendent shall adopt in accordance
with Chapter
119. of
the
Revised Code. The superintendent may
prescribe a
separate
claim
form for each third-party payer. If a
national
standard
claim
form
is established by
the
sickness and
accident insurance industry, the superintendent
shall
amend the
rules to comply with the national standards. The
standard claim
form shall
include a method to specify the Sec. 4723.16. (A) An individual whom the board of nursing licenses, certificates, or otherwise legally authorizes to engage in the practice of nursing as a registered nurse or as a licensed practical nurse may render the professional services of a registered or licensed practical nurse within this state through a corporation formed under division (B) of section 1701.03 of the Revised Code, a limited liability company formed under Chapter 1705. of the Revised Code, a partnership, or a professional association formed under Chapter 1785. of the Revised Code. This division does not preclude an individual of that nature from rendering professional services as a registered or licensed practical nurse through another form of business entity, including, but not limited to, a nonprofit corporation or foundation, or in another manner that is authorized by or in accordance with this chapter, another chapter of the Revised Code, or rules of the board of nursing adopted pursuant to this chapter. (B) A corporation, limited liability company, partnership, or professional association described in division (A) of this section may be formed for the purpose of providing a combination of the professional services of the following individuals who are licensed, certificated, or otherwise legally authorized to practice their respective professions: (1) Optometrists who are authorized to practice optometry under Chapter 4725. of the Revised Code; (2) Chiropractors who are authorized to practice chiropractic under Chapter 4734. of the Revised Code; (3) Psychologists who are authorized to practice psychology under Chapter 4732. of the Revised Code; (4) Registered or licensed practical nurses who are authorized to practice nursing as registered nurses or as licensed practical nurses under this chapter; (5) Pharmacists who are authorized to practice pharmacy under Chapter 4729. of the Revised Code; (6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to (7) Occupational therapists who are licensed to practice occupational therapy under sections 4755.04 to 4755.13 of the Revised Code; (8) Mechanotherapists who are authorized to practice mechanotherapy under section 4731.151 of the Revised Code;
This division shall apply notwithstanding a provision of a code of ethics applicable to a nurse that prohibits a registered or licensed practical nurse from engaging in the practice of nursing as a registered nurse or as a licensed practical nurse in combination with a person who is licensed, certificated, or otherwise legally authorized to practice optometry, chiropractic, psychology, pharmacy, physical therapy, occupational therapy, mechanotherapy, medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, but who is not also licensed, certificated, or otherwise legally authorized to engage in the practice of nursing as a registered nurse or as a licensed practical nurse. Sec. 4729.161. (A) An individual registered with the state board of pharmacy to engage in the practice of pharmacy may render the professional services of a pharmacist within this state through a corporation formed under division (B) of section 1701.03 of the Revised Code, a limited liability company formed under Chapter 1705. of the Revised Code, a partnership, or a professional association formed under Chapter 1785. of the Revised Code. This division does not preclude an individual of that nature from rendering professional services as a pharmacist through another form of business entity, including, but not limited to, a nonprofit corporation or foundation, or in another manner that is authorized by or in accordance with this chapter, another chapter of the Revised Code, or rules of the state board of pharmacy adopted pursuant to this chapter. (B) A corporation, limited liability company, partnership, or professional association described in division (A) of this section may be formed for the purpose of providing a combination of the professional services of the following individuals who are licensed, certificated, or otherwise legally authorized to practice their respective professions: (1) Optometrists who are authorized to practice optometry under Chapter 4725. of the Revised Code; (2) Chiropractors who are authorized to practice chiropractic under Chapter 4734. of the Revised Code; (3) Psychologists who are authorized to practice psychology under Chapter 4732. of the Revised Code; (4) Registered or licensed practical nurses who are authorized to practice nursing as registered nurses or as licensed practical nurses under Chapter 4723. of the Revised Code; (5) Pharmacists who are authorized to practice pharmacy under Chapter 4729. of the Revised Code; (6) Physical therapists who are authorized to practice physical therapy
under sections 4755.40 to (7) Occupational therapists who are authorized to practice occupational therapy under sections 4755.04 to 4755.13 of the Revised Code; (8) Mechanotherapists who are authorized to practice mechanotherapy under section 4731.151 of the Revised Code;
This division shall apply notwithstanding a provision of a code of ethics applicable to a pharmacist that prohibits a pharmacist from engaging in the practice of pharmacy in combination with a person who is licensed, certificated, or otherwise legally authorized to practice optometry, chiropractic, psychology, nursing, physical therapy, occupational therapy, mechanotherapy, medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, but who is not also licensed, certificated, or otherwise legally authorized to engage in the practice of pharmacy. Sec. 4731.226. (A)(1) An individual whom the state medical board licenses, certificates, or otherwise legally authorizes to engage in the practice of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery may render the professional services of a doctor of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery within this state through a corporation formed under division (B) of section 1701.03 of the Revised Code, a limited liability company formed under Chapter 1705. of the Revised Code, a partnership, or a professional association formed under Chapter 1785. of the Revised Code. Division (A)(1) of this section does not preclude an individual of that nature from rendering professional services as a doctor of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery through another form of business entity, including, but not limited to, a nonprofit corporation or foundation, or in another manner that is authorized by or in accordance with this chapter, another chapter of the Revised Code, or rules of the state medical board adopted pursuant to this chapter. (2) An individual whom the state medical board authorizes to engage in the practice of mechanotherapy may render the professional services of a mechanotherapist within this state through a corporation formed under division (B) of section 1701.03 of the Revised Code, a limited liability company formed under Chapter 1705. of the Revised Code, a partnership, or a professional association formed under Chapter 1785. of the Revised Code. Division (A)(2) of this section does not preclude an individual of that nature from rendering professional services as a mechanotherapist through another form of business entity, including, but not limited to, a nonprofit corporation or foundation, or in another manner that is authorized by or in accordance with this chapter, another chapter of the Revised Code, or rules of the state medical board adopted pursuant to this chapter. (B) A corporation, limited liability company, partnership, or professional association described in division (A) of this section may be formed for the purpose of providing a combination of the professional services of the following individuals who are licensed, certificated, or otherwise legally authorized to practice their respective professions: (1) Optometrists who are authorized to practice optometry under Chapter 4725. of the Revised Code; (2) Chiropractors who are authorized to practice chiropractic under Chapter 4734. of the Revised Code; (3) Psychologists who are authorized to practice psychology under Chapter 4732. of the Revised Code; (4) Registered or licensed practical nurses who are authorized to practice nursing as registered nurses or as licensed practical nurses under Chapter 4723. of the Revised Code; (5) Pharmacists who are authorized to practice pharmacy under Chapter 4729. of the Revised Code; (6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to (7) Occupational therapists who are authorized to practice occupational therapy under sections 4755.04 to 4755.13 of the Revised Code; (8) Mechanotherapists who are authorized to practice mechanotherapy under section 4731.151 of the Revised Code;
(C) Division (B) of this section shall apply notwithstanding a provision of a code of ethics described in division (B)(18) of section 4731.22 of the Revised Code that prohibits either of the following: (1) A doctor of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery from engaging in the doctor's authorized practice in combination with a person who is licensed, certificated, or otherwise legally authorized to engage in the practice of optometry, chiropractic, psychology, nursing, pharmacy, physical therapy, occupational therapy, or mechanotherapy, but who is not also licensed, certificated, or otherwise legally authorized to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery. (2) A mechanotherapist from engaging in the practice of mechanotherapy in combination with a person who is licensed, certificated, or otherwise legally authorized to engage in the practice of optometry, chiropractic, psychology, nursing, pharmacy, physical therapy, occupational therapy, medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, but who is not also licensed, certificated, or otherwise legally authorized to engage in the practice of mechanotherapy. Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the Revised Code: (A)(1) "Clinical laboratory services" means either of the following: (a) Any examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment or for the assessment of health; (b) Procedures to determine, measure, or otherwise describe the presence or absence of various substances or organisms in the body. (2) "Clinical laboratory services" does not include the mere collection or preparation of specimens. (B) "Designated health services" means any of the following: (1) Clinical laboratory services; (2) Home health care services; (3) Outpatient prescription drugs. (C) "Fair market value" means the value in arms-length transactions, consistent with general market value and: (1) With respect to rentals or leases, the value of rental property for general commercial purposes, not taking into account its intended use; (2) With respect to a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the lessor if the lessor is a potential source of referrals to the lessee. (D) "Governmental health care program" means any program providing health care benefits that is administered by the federal government, this state, or a political subdivision of this state, including the medicare program established under Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, health care coverage for public employees, health care benefits administered by the bureau of workers' compensation, the medical assistance program established under Chapter 5111. of the Revised Code, and the disability medical assistance program established under Chapter 5115. of the Revised Code. (E)(1) "Group practice" means a group of two
or more
holders of certificates under this chapter legally organized as a
partnership, professional corporation or association, limited liability
company, foundation, nonprofit corporation, faculty practice plan,
or similar group practice entity, including an organization comprised of a
nonprofit medical clinic that contracts with a professional
corporation or association of physicians to provide medical
services exclusively to patients of the clinic in order to comply
with section 1701.03 of the Revised Code
and including a corporation, limited liability company,
partnership, or professional association described in division
(B) of section 4731.226 of the Revised Code formed
for the purpose of providing a combination of the professional services of
optometrists who are licensed, certificated, or otherwise legally authorized
to practice optometry under Chapter 4725. of the Revised
Code, chiropractors who
are licensed, certificated, or otherwise legally authorized to practice
chiropractic under Chapter 4734. of the Revised Code,
psychologists who are licensed, certificated, or
otherwise legally authorized to practice psychology under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses who are licensed, certificated, or otherwise
legally authorized to practice nursing under
Chapter 4723. of the Revised Code,
pharmacists who are licensed,
certificated, or otherwise legally authorized to practice
pharmacy under Chapter 4729. of
the Revised Code, physical
therapists who are licensed, certificated, or otherwise legally
authorized to practice physical therapy under sections 4755.40
to (a) Each physician who is a member of the group practice provides substantially the full range of services that the physician routinely provides, including medical care, consultation, diagnosis, or treatment, through the joint use of shared office space, facilities, equipment, and personnel. (b) Substantially all of the services of the members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group. (c) The overhead expenses of and the income from the practice are distributed in accordance with methods previously determined by members of the group. (d) The group practice meets any other requirements that the state medical board applies in rules adopted under section 4731.70 of the Revised Code. (2) In the case of a faculty practice plan associated with a hospital with a medical residency training program in which physician members may provide a variety of specialty services and provide professional services both within and outside the group, as well as perform other tasks such as research, the criteria in division (E)(1) of this section apply only with respect to services rendered within the faculty practice plan. (F) "Home health care services" and "immediate family" have the same meanings as in the rules adopted under section 4731.70 of the Revised Code. (G) "Hospital" has the same meaning as in section 3727.01 of the Revised Code. (H) A "referral" includes both of the following: (1) A request by a holder of a certificate under this chapter for an item or service, including a request for a consultation with another physician and any test or procedure ordered by or to be performed by or under the supervision of the other physician; (2) A request for or establishment of a plan of care by a certificate holder that includes the provision of designated health services. (I) "Third-party payer" has the same meaning as in section 3901.38 of the Revised Code. Sec. 4732.28. (A) An individual whom the state board of psychology licenses, certificates, or otherwise legally authorizes to engage in the practice of psychology may render the professional services of a psychologist within this state through a corporation formed under division (B) of section 1701.03 of the Revised Code, a limited liability company formed under Chapter 1705. of the Revised Code, a partnership, or a professional association formed under Chapter 1785. of the Revised Code. This division does not preclude an individual of that nature from rendering professional services as a psychologist through another form of business entity, including, but not limited to, a nonprofit corporation or foundation, or in another manner that is authorized by or in accordance with this chapter, another chapter of the Revised Code, or rules of the state board of psychology adopted pursuant to this chapter. (B) A corporation, limited liability company, partnership, or professional association described in division (A) of this section may be formed for the purpose of providing a combination of the professional services of the following individuals who are licensed, certificated, or otherwise legally authorized to practice their respective professions: (1) Optometrists who are authorized to practice optometry under Chapter 4725. of the Revised Code; (2) Chiropractors who are authorized to practice chiropractic under Chapter 4734. of the Revised Code; (3) Psychologists who are authorized to practice psychology under this chapter; (4) Registered or licensed practical nurses who are authorized to practice nursing as registered nurses or as licensed practical nurses under Chapter 4723. of the Revised Code; (5) Pharmacists who are authorized to practice pharmacy under Chapter 4729. of the Revised Code; (6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to (7) Occupational therapists who are authorized to practice occupational therapy under sections 4755.04 to 4755.13 of the Revised Code; (8) Mechanotherapists who are authorized to practice mechanotherapy under section 4731.151 of the Revised Code;
This division shall apply notwithstanding a provision of a code of ethics applicable to a psychologist that prohibits a psychologist from engaging in the practice of psychology in combination with a person who is licensed, certificated, or otherwise legally authorized to practice optometry, chiropractic, nursing, pharmacy, physical therapy, occupational therapy, mechanotherapy, medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, but who is not also licensed, certificated, or otherwise legally authorized to engage in the practice of psychology. Sec. 4734.17. (A) An individual whom the state chiropractic board licenses to engage in the practice of chiropractic may render the professional services of a chiropractor within this state through a corporation formed under division (B) of section 1701.03 of the Revised Code, a limited liability company formed under Chapter 1705. of the Revised Code, a partnership, or a professional association formed under Chapter 1785. of the Revised Code. This division does not preclude a chiropractor from rendering professional services as a chiropractor through another form of business entity, including, but not limited to, a nonprofit corporation or foundation, or in another manner that is authorized by or in accordance with this chapter, another chapter of the Revised Code, or rules of the state chiropractic board adopted pursuant to this chapter. (B) A corporation, limited liability company, partnership, or professional association described in division (A) of this section may be formed for the purpose of providing a combination of the professional services of the following individuals who are licensed, certificated, or otherwise legally authorized to practice their respective professions: (1) Optometrists who are authorized to practice optometry, under Chapter 4725. of the Revised Code; (2) Chiropractors who are authorized to practice chiropractic under this chapter; (3) Psychologists who are authorized to practice psychology under Chapter 4732. of the Revised Code; (4) Registered or licensed practical nurses who are authorized to practice nursing as registered nurses or as licensed practical nurses under Chapter 4723. of the Revised Code; (5) Pharmacists who are authorized to practice pharmacy under Chapter 4729. of the Revised Code; (6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to (7) Occupational therapists who are authorized to practice occupational therapy under sections 4755.04 to 4755.13 of the Revised Code; (8) Mechanotherapists who are authorized to practice mechanotherapy under section 4731.151 of the Revised Code;
This division shall apply notwithstanding a provision of any code of ethics established or adopted under section 4734.16 of the Revised Code that prohibits an individual from engaging in the practice of chiropractic in combination with an individual who is licensed, certificated, or otherwise authorized for the practice of optometry, psychology, nursing, pharmacy, physical therapy, occupational therapy, mechanotherapy, medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, but who is not also licensed under this chapter to engage in the practice of chiropractic. Sec. 4755.03 4755.01. (A) There is hereby created the Ohio occupational therapy, physical therapy, and athletic trainers board consisting of sixteen residents of this state, who shall be appointed by the governor with the advice and consent of the senate. The board shall be composed of a physical therapy section, an occupational therapy section, and an athletic trainers section. (1) Five members of the board shall be physical therapists who
are licensed to practice physical therapy and who have been
engaged in or actively associated with the practice of physical
therapy in this state for at least five years immediately
preceding appointment. Such members of the board shall sit on
the physical therapy section. The physical therapy section also
shall consist of four additional members, appointed by the
governor with the advice and consent of the senate, who satisfy
the same qualifications as the members of the board sitting on
the physical therapy section, but who are not members of the
board. Of the additional physical therapy section members whose terms commence on August 28, 2007, one shall be for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years. Such additional members of the physical therapy section
are vested with only such powers and shall perform only such
duties as relate to the affairs of that section (2) Four members of the board shall be occupational therapists and one member shall be a licensed occupational therapy assistant, all of whom have been engaged in or actively associated with the practice of occupational therapy or practice as an occupational therapy assistant in this state for at least five years immediately preceding appointment. Such members of the board shall sit on the occupational therapy section. (3) Four members of the board shall be athletic trainers who have been engaged in the practice of athletic training in Ohio for at least five years immediately preceding appointment. One member of the board shall be a physician licensed to practice medicine and surgery in this state. Such members of the board shall sit on the athletic trainers section. (4) One member of the board shall represent the public
(C) Each member of the board and each additional member of the physical therapy section, before entering upon the official duties of office, shall do both of the following: (1) Subscribe to and file with the secretary of state the constitutional oath of office; (2) Sign and file with the executive director of the board a notarized statement that the member has read and understands sections 121.22 and 149.43 of the Revised Code and the provisions of Chapter 119. of the Revised Code that are applicable to the duties of the board. (D) Annually, upon the qualification of the member or members appointed in that year, the board shall organize by selecting from its members a president and secretary. Each section of the board shall independently organize by selecting from its members a chairperson and secretary.
(F) Each member of the board and each additional member of the physical therapy section shall receive an amount fixed pursuant to division (J) of section 124.15 of the Revised Code for each day employed in the discharge of official duties. In addition, each member of the board and each additional member of the physical therapy section shall receive the member's actual and necessary expenses incurred in the performance of official duties. (G) The board of trustees of the Ohio occupational therapy
association (H) The board shall meet as a whole to determine all administrative, personnel, and budgetary matters. The executive director of the board appointed by the board shall not be a physical therapist, an occupational therapist, or an athletic trainer who has been licensed to practice physical therapy, occupational therapy, or as an athletic trainer in this state within three years immediately preceding appointment. The executive director shall execute, under the direction of the board, the policies, orders, directives, and administrative functions of the board and shall direct, under rules adopted by the board, the work of all persons employed by the board. Upon the request of the board, the executive director shall report to the board on any matter. The executive director shall serve at the pleasure of the board. (I) The occupational therapy section of the board shall have
the Sec. 4755.04 4755.02. (A) The appropriate section of the Ohio occupational therapy, physical therapy, and athletic trainers
board shall investigate (B) Through the attorney general or an appropriate prosecuting attorney, the appropriate
section may apply to an appropriate court for an order enjoining
the violation of (C) When requested by the appropriate section, the prosecuting attorney of a county, or the village solicitor or city director of law of a municipal corporation, where a violation of this chapter allegedly occurs, shall take charge of and conduct the prosecution. (D) The appropriate section may employ investigators
who
shall (E)(1) Subject to division (E)(2) of this section, information and records received or generated by the board pursuant to an investigation are confidential, are not public records as defined in section 149.43 of the Revised Code, and are not subject to discovery in any civil or administrative action. (2) For good cause, the board may disclose information gathered pursuant to an investigation to any federal, state, or local law enforcement, prosecutorial, or regulatory agency or its officers or agents engaging in an investigation the board believes is within the agency's jurisdiction. An agency that receives confidential information shall comply with the same requirements regarding confidentiality as those with which the board must comply, notwithstanding any conflicting provision of the Revised Code or procedure of the agency that applies when the agency is dealing with other information in its possession. The information may be admitted into evidence in a criminal trial in accordance with the Rules of Evidence, or in an administrative hearing conducted by an agency, but the court or agency shall require that appropriate measures be taken to ensure that confidentiality is maintained with respect to any part of the information that contains names or other identifying information about patients, complainants, or others whose confidentiality was protected by the board when the information was in the board's possession. Measures to ensure confidentiality that may be taken by the court or agency include sealing its records or redacting specific information from its records. (F) The appropriate section shall conduct (G) Each section of the board shall publish and make available,
upon request and for a fee not to exceed the actual cost of
printing and mailing, the licensure standards prescribed by the
relevant sections of this chapter and (H) The board shall submit to the governor and to the general
assembly each year a report of all its official actions during
the
preceding year, together with any recommendations and
findings
with regard to the Sec. 4755.13 4755.03. All Sec. 4755.031. A person sanctioned under section 4755.11, 4755.47, 4755.482, or 4755.64 of the Revised Code shall pay a fee in the amount of the actual cost of the administrative hearing, including the cost of the court reporter, the hearing officer, transcripts, and any witness fees for lodging and travel, as determined by the appropriate section of the board. The fee shall be collected by the appropriate section. Sec. 4755.01 4755.04. As used in sections (A) "Occupational therapy" means the
(1) Methods or strategies selected to direct the process of interventions, including, but not limited to, establishment, remediation, or restoration of a skill or ability that has not yet developed or is impaired and compensation, modification, or adaptation of activity or environment to enhance performance; (2) Evaluation of factors affecting activities of daily living, instrumental activities of daily living, education, work, play, leisure, and social participation, including, but not limited to, sensory motor abilities, vision, perception, cognition, psychosocial, and communication and interaction skills; (3) Interventions and procedures to promote or enhance safety and performance in activities of daily living, education, work, play, leisure, and social participation, including, but not limited to, application of physical agent modalities, use of a range of specific therapeutic procedures to enhance performance skills, rehabilitation of driving skills to facilitate community mobility, and management of feeding, eating, and swallowing to enable eating and feeding performance; (4) Consultative services, case management, and education of patients, clients, or other individuals to promote self-management, home management, and community and work reintegration;
(B) "Occupational therapist" means a person who is licensed or holds a limited permit to practice occupational therapy and who offers such services to the public under any title incorporating the words "occupational therapy," "occupational therapist," or any similar title or description of services. (C) "Occupational therapy assistant" means a person
Sec. 4755.02 4755.05. No person who does not hold a current license or limited permit under
sections Sec. 4755.05 4755.06. The occupational therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board may make reasonable rules in accordance with Chapter 119. of the Revised Code relating to but not limited to: (A) The form and manner for filing applications for
licensure under sections (B) The issuance, suspension, and revocation of such licenses, and the conducting of investigations and hearings; (C) Standards for approval of courses of study (D) The time and form of examination for such licensure; (E) Standards of ethical conduct in the practice of occupational therapy; (F) (G) Late fees and the conditions under which a license of a licensee who files a late application for renewal will be reinstated; (H) Placing an existing license in escrow; (I) The amount, scope, and nature of continuing education activities required for license renewal, including waivers and the establishment of appropriate fees to be charged for the administrative costs associated with the review of continuing education activities; (J) Limited permit guidelines. The section may hear testimony in matters relating to the
duties imposed upon it, and the Sec. 4755.06 4755.07. No person shall qualify for licensure as an
occupational therapist or as an occupational therapy assistant (A) Is of good moral character; (B) Has successfully completed the academic requirements of an educational program recognized by the section, including a concentration of instruction in basic human sciences, the human development process, occupational tasks and activities, the health-illness-health continuum, and occupational therapy theory and practice; (C) Has successfully completed a period of supervised
field work experience at a recognized educational institution or
a training program approved by the educational institution where
(D) Has successfully passed a written examination testing
Applicants for licensure shall be examined at a time and
place and under such supervision as the section determines.
Sec. 4755.07 4755.08. The occupational therapy section of the Ohio occupational
therapy, physical therapy, and athletic trainers board shall issue a license
to
every applicant who has passed the appropriate examination designated by the
section and who otherwise complies with the licensure requirements of sections
The section may issue a limited permit to persons who have satisfied the
requirements of divisions (A) to (C) of section Sec. 4755.08 4755.09. The occupational therapy section of the Ohio occupational
therapy, physical therapy, and athletic trainers board may waive the
examination requirement under section The section may waive the educational requirements under section Sec. 4755.09 4755.10. Each license issued under section Licenses shall be renewed biennially in accordance with the schedule established in rules adopted by the occupational therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board under section 4755.06 of the Revised Code. The license of any licensee who fails to file an
application
for Except as provided in sections 3123.41 to 3123.50
of the
Revised Code and any applicable rules adopted under section
3123.63 of
the Revised
Code, the section may
renew a license while
the license is
suspended, but the renewal shall not affect the
suspension. The
section shall not renew a license that has been
revoked. If a
revoked license is reinstated under section Sec. 4755.10 4755.11. (A) In accordance with
Chapter 119. of the Revised Code, the occupational therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board may suspend, revoke, or refuse to issue or renew
an occupational therapist (1) Conviction of an offense involving moral turpitude or a felony (2) Violation of any provision of sections (3) Violation of any lawful order or rule of the occupational therapy section; (4) Obtaining (5) Negligence, unprofessional conduct, or gross
misconduct in the (6) Accepting commissions or rebates or other forms of remuneration for referring persons to other professionals; (7) Communicating, (8) Using (9) Practicing in an area of
occupational therapy for which the individual is (10) Failing the licensing or Ohio jurisprudence examination; (11) Aiding (12) (13) Except as provided in division (B) 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 occupational therapy, 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; (b) Advertising that the individual 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 occupational therapy, would otherwise be required to pay. (14) Working or representing oneself as an occupational therapist, occupational therapy assistant, occupational therapist limited permit holder, or occupational therapy assistant limited permit holder without a current and valid license or limited permit issued by the occupational therapy section; (15) Engaging in a deceptive trade practice, as defined in section 4165.02 of the Revised Code; (16) Violation of the standards of ethical conduct in the practice of occupational therapy as identified by the occupational therapy section; (17) A departure from, or the failure to conform to, minimal standards of care required of licensees or limited permit holders, whether or not actual injury to a patient is established; (18) An adjudication by a court that the applicant, licensee, or limited permit holder is incompetent for the purpose of holding a license or limited permit and has not thereafter been restored to legal capacity for that purpose; (19)(a) Except as provided in division (A)(19)(b) of this section, failure to cooperate with an investigation conducted by the occupational therapy section, including failure to comply with a subpoena or orders issued by the section or failure to answer truthfully a question presented by the section at a deposition or in written interrogatories. (b) Failure to cooperate with an investigation does not constitute grounds for discipline under this section if a court of competent jurisdiction issues an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence at issue. (20) Conviction of a misdemeanor reasonably related to the practice of occupational therapy, regardless of the state or country in which the conviction occurred; (21) Inability to practice according to acceptable and prevailing standards of care because of mental or physical illness, including physical deterioration that adversely affects cognitive, motor, or perception skills; (22) Violation of conditions, limitations, or agreements placed by the occupational therapy section on a license or limited permit to practice; (23) Making a false, fraudulent, deceptive, or misleading statement in the solicitation of or advertising for patients in relation to the practice of occupational therapy; (24) Failure to complete continuing education requirements as prescribed in rules adopted by the occupational therapy section under section 4755.06 of the Revised Code. (B) Sanctions shall not be imposed under division (A)(13) of this section against any individual 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 copayments shall be made only with the full knowledge and consent of the plan purchaser, payer, and third-party administrator. Documentation of the consent shall be made available to the section upon request. (2) For professional services rendered to any other person
licensed pursuant to sections (C) When a license or limited permit is revoked under this section, application for reinstatement may not be made sooner than one year after the date of revocation. The occupational therapy section may accept or refuse an application for reinstatement and may require that the applicant pass an examination as a condition of reinstatement. When a license or limited permit holder is placed on probation under this section, the occupational therapy section's probation order shall be accompanied by a statement of the conditions under which the individual may be removed from probation and restored to unrestricted practice. (D) On receipt of a complaint that a person who holds a license or limited permit issued by the occupational therapy section has committed any of the prohibited actions listed in division (A) of this section, the section may immediately suspend the license or limited permit prior to holding a hearing in accordance with Chapter 119. of the Revised Code if it determines, based on the complaint, that the licensee or limited permit holder poses an immediate threat to the public. The section shall notify the licensee or limited permit holder of the suspension in accordance with section 119.07 of the Revised Code. If the individual whose license or limited permit is suspended fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the section shall enter a final order permanently revoking the individual's license or limited permit. (E) If any person other than a Sec. 4755.11 4755.12. The occupational therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board shall charge a nonrefundable examination fee, established
pursuant to section The section shall charge an initial licensure fee,
established pursuant to section The section shall charge a biennial renewal fee and shall
charge a fee for a limited permit, established pursuant to
section Any person who is qualified to practice occupational
therapy as certified by the section, but who is not in the active
practice, as defined by section rule, may register with the
section as a nonactive licensee at a biennial fee, established
pursuant to section The section may, by rule, provide for the waiver of all or part of a fee when the license is issued less than one hundred days before the date on which it will expire. Sec. 4755.12 4755.13. (A) Nothing in sections (1) Any person who does not claim to the public by any title, initials, or description of services as being engaged in the practice of occupational therapy, who is: (a) A physician licensed under Chapter 4731. of the Revised Code, or anyone employed or supervised by a licensed physician in the delivery of treatment or services; (b) A person licensed, certified, or registered under sections 4755.40 to 4755.56 of the Revised Code or under any other chapter of the Revised Code who is practicing within the standards and ethics of practice that represent appropriate extensions of the person's profession; (c) A qualified member of any other profession who is practicing within the standards and ethics of the member's profession. (2) Any person employed as an occupational therapist or occupational therapy assistant by the government of the United States, if the person provides occupational therapy solely under the direction or control of the organization by which the person is employed; (3) Any person pursuing a course of study leading to a degree or certificate in occupational therapy in an accredited or approved educational program if the activities and services constitute a part of a supervised course of study, if the person is designated by a title that clearly indicates the person's status as a student or trainee; (4) Any person fulfilling the supervised field work
experience requirements of section (B) Nothing in sections Sec. 4755.40. As used in sections 4755.40 to 4755.56 and 4755.99 of the Revised Code: (A) "Physical therapy" means the evaluation and treatment
of
a person by physical measures and the use of therapeutic
exercises
and rehabilitative procedures, with or without
assistive devices,
for the purpose of preventing, correcting, or
alleviating any
disability.
If performed by a person who is adequately trained,
physical therapy
includes (1) The design, fabrication, revision,
education, and
instruction in the use of various assistive devices
including braces, splints,
ambulatory or locomotion devices,
wheelchairs, prosthetics, and
orthotics (2) The administration of topical
drugs that have been
prescribed by a licensed health professional authorized
to
prescribe drugs, as defined in section 4729.01 of the Revised
Code (3) The establishment and modification of physical therapy programs, treatment planning, patient education and instruction, and consultative services; (4) Physiotherapy.
Physical measures include
massage, heat,
cold, air, light, water,
electricity, sound, and
the performance
of tests of neuromuscular
function as an aid to
such treatment.
Physical therapy does not
include the
medical diagnosis
of a
patient's disability, the use
of
Roentgen rays or radium for
diagnostic or therapeutic purposes,
or the use of electricity for
cauterization or other surgical
purposes. (B) "Physical therapist" means a person who practices or
(C) "Physical therapist assistant" means a person who
assists in the provision of physical therapy treatments, including the provision of patient education and instruction, under the
supervision of a physical therapist (D) "Supervision" means the availability and responsibility of the supervisor for direction of the actions of the person supervised. Sec. 4755.41. (A) The physical therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board shall (B) An investigation, inquiry, or hearing which the section is authorized to undertake or hold may be undertaken or held (C) The physical therapy section shall: (1) Keep a record of its proceedings; (2) Keep a register of applicants showing the name and location of the institution granting the applicant's degree or certificate in physical therapy and whether or not a license was issued; (3) Maintain a register of every physical therapist and
physical therapist assistant in this state, including the
licensee's last
known place of business, the licensee's last known
residence, and the date
and number of the licensee's license (4) (5) On receipt of an application for a license to practice as a physical therapist or physical therapist assistant, provide to the applicant the section's address, dates of upcoming section meetings, and a list of names of the section members.
Sec. 4755.411. The physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall adopt rules in accordance with Chapter 119. of the Revised Code pertaining to the following: (A) Fees for the verification of a license and license reinstatement, and other fees established by the section; (B) Provisions for the section's government and control of its actions and business affairs; (C) Minimum curricula for physical therapy education programs that prepare graduates to be licensed in this state as physical therapists and physical therapist assistants; (D) Eligibility criteria to take the examinations required under sections 4755.43 and 4755.431 of the Revised Code; (E) The form and manner for filing applications for licensure with the section; (F) For purposes of section 4755.46 of the Revised Code, all of the following: (1) A schedule regarding when licenses to practice as a physical therapist and physical therapist assistant expire during a biennium; (2) An additional fee, not to exceed thirty-five dollars, that may be imposed if a licensee files a late application for renewal; (3) The conditions under which the license of a person who files a late application for renewal will be reinstated. (G) The issuance, renewal, suspension, and permanent revocation of a license and the conduct of hearings; (H) Appropriate ethical conduct in the practice of physical therapy; (I) Requirements, including continuing education requirements, for restoring licenses that are inactive or have lapsed through failure to renew; (J) Conditions that may be imposed for reinstatement of a license following suspension pursuant to section 4755.47 of the Revised Code; (K) For purposes of section 4755.45 of the Revised Code, both of the following: (1) Identification of the credentialing organizations from which the section will accept equivalency evaluations for foreign physical therapist education. The physical therapy section shall identify only those credentialing organizations that use a course evaluation tool or form approved by the physical therapy section. (2) Evidence, other than the evaluations described in division (K)(1) of this section, that the section will consider for purposes of evaluating whether an applicant's education is reasonably equivalent to the educational requirements that were in force for licensure in this state as a physical therapist on the date of the applicant's initial licensure or registration in another state or country. (L) Standards of conduct for physical therapists and physical therapist assistants, including requirements for supervision, delegation, and practicing with or without referral or prescription; (M) Appropriate display of a license; (N) Procedures for a licensee to follow in notifying the section within thirty days of a change in name or address, or both. Sec. 4755.412. The physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board, subject to the approval of the controlling board, may establish fees in excess of the amounts provided by sections 4755.42, 4755.421, 4755.45, 4755.451, and 4755.46 of the Revised Code, provided that such fees do not exceed those amounts by more than fifty per cent. Sec. 4755.42. (A) Each person who desires to practice
physical therapy shall file with the secretary of the physical
therapy section of the Ohio occupational therapy, physical
therapy, and athletic trainers board (1) (2) (3) Physical description and photograph;
(a) A minimum of (b) (B)
(C) The physical therapy section shall approve an application to sit for the examination required under division (A) of section 4755.43 of the Revised Code not later than one hundred twenty days after receiving an application that the section considers complete unless the board has done either of the following: (1) Requested documents relevant to the section's evaluation of the application; (2) Notified the applicant in writing of the section's intent to deny a license and the applicant's right to request a hearing in accordance with Chapter 119. of the Revised Code to appeal the section's intent to deny a license. (D) If the section fails to comply with division (C) of this section, the section shall refund one-half of the application fee to the applicant. Sec. 4755.421. (A) Each applicant seeking licensure as a physical therapist assistant shall file with the secretary of the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board a notarized application that includes the following: (1) Name; (2) Current address; (3) Physical description and photograph; (4) Proof of completion of a two-year program of education that is accredited by a national physical therapy accreditation agency recognized by the United States department of education. (B) On making application under division (A) of this section, the applicant shall pay a fee of not more than one hundred twenty-five dollars for the license. (C)(1) The physical therapy section shall approve an applicant to sit for the examination required under division (A) of section 4755.431 of the Revised Code not later than one hundred twenty days after receiving an application that the section considers complete unless the board has done either of the following: (a) Requested documents relevant to the section's evaluation of the application; (b) Notified the applicant in writing of the section's intent to deny a license and the applicant's right to request a hearing in accordance with Chapter 119. of the Revised Code to appeal the section's intent to deny a license. (2) If the section fails to comply with division (C)(1) of this section, the section shall refund half of the application fee to the applicant. Sec. 4755.43.
(A) A national physical therapy examination
(B) A jurisprudence examination on Ohio's laws and rules governing the practice of physical therapy that is approved by the physical therapy section. Sec. 4755.431. Except as provided in section 4755.451 of the Revised Code, to be eligible to receive a license to practice as a physical therapist assistant, an applicant must pass both of the following: (A) A national physical therapy examination for physical therapist assistants approved by the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board. (B) A jurisprudence examination approved by the physical therapy section on Ohio's laws and rules governing the practice of physical therapy. Sec. 4755.44. If an applicant passes the examination or examinations required under section 4755.43 of the Revised Code and pays the fee required by division (B) of section 4755.42 of the Revised Code, the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall issue a license, attested by the seal of the board, to the applicant to practice as a physical therapist. Sec. 4755.441. If an applicant passes the examination or examinations required under section 4755.431 of the Revised Code and pays the fee required by division (B) of section 4755.421 of the Revised Code, the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall issue a license, attested by the seal of the board, to the applicant to practice as physical therapist assistant. Sec. 4755.45. (A) The physical therapy section of the Ohio occupational therapy,
physical therapy, and athletic trainers board
(2) The applicant presents evidence satisfactory to the physical therapy section that the applicant passed the jurisprudence examination described in division (B) of section 4755.43 of the Revised Code;
(3) The applicant
(4) Subject to division (B) of this section, the applicant can demonstrate that the applicant's education is reasonably equivalent to the educational requirements that were in force for licensure in
this state
(5) The applicant pays the fee described in division (B) of section 4755.42 of the Revised Code; (6) The applicant is not in violation of any section of this chapter or rule adopted under it. (B) For purposes of division (A)(4) of this section, if, after receiving the results of an equivalency evaluation from a credentialing organization identified by the section pursuant to rules adopted under section 4755.411 of the Revised Code, the section determines that regardless of the results of the evaluation the applicant's education is not reasonably equivalent to the educational requirements that were in force for licensure in this state on the date of the applicant's initial licensure or registration in another state or foreign country, the section shall send a written notice to the applicant stating that the section is denying the applicant's application and stating the specific reason why the section is denying the applicant's application. The section shall send the notice to the applicant through certified mail within thirty days after the section makes that determination. Sec. 4755.451. The physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall issue to an applicant a license as a physical therapist assistant without requiring the applicant to have passed the national examination for physical therapist assistants described in division (A) of section 4755.431 of the Revised Code within one year of filing an application described in section 4755.421 of the Revised Code if all of the following are true: (A) The applicant presents evidence satisfactory to the physical therapy section that the applicant received a score on the national physical therapy examination described in division (A) of section 4755.431 of the Revised Code that would have been a passing score according to the board in the year the applicant sat for the examination; (B) The applicant presents evidence satisfactory to the physical therapy section that the applicant passed the jurisprudence examination described in division (B) of section 4755.431 of the Revised Code; (C) The applicant holds a current and valid license or registration to practice as a physical therapist assistant in another state; (D) The applicant can demonstrate that the applicant's education is reasonably equivalent to the educational requirements that were in force for licensure in this state on the date of the applicant's initial licensure or registration in the other state; (E) The applicant pays the fee described in division (B) of section 4755.421 of the Revised Code; (F) The applicant is not in violation of any section of this chapter or rule adopted under it. Sec. 4755.46. (A) Every Each individual holding a valid and current license may apply to the physical therapy section to renew the license in accordance with rules adopted by the board under section 4755.411 of the Revised Code. Each application for license renewal
shall be accompanied by A license that is not renewed by the (B) Each licensee shall report to the section in writing a change in name, business address, or home address not later than thirty days after the date of the change. Sec. 4755.47. (A) In accordance with
Chapter 119. of the Revised Code, the physical therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board may refuse to grant a license to an applicant for an
initial or renewed license as a physical therapist or physical therapist
assistant or, by an affirmative vote of (1) Habitual indulgence in the use of controlled substances, other habit-forming drugs, or alcohol to an extent that affects the individual's professional competency; (2) Conviction of a felony or a crime involving moral turpitude, regardless of the state or country in which the conviction occurred; (3) Obtaining or attempting to obtain a license issued by the physical therapy section by fraud or deception, including the making of a false, fraudulent, deceptive, or misleading statement; (4) An adjudication by a court, as provided in section 5122.301 of the Revised Code, that the applicant or licensee is incompetent for the purpose of holding the license and has not thereafter been restored to legal capacity for that purpose; (5) Subject to section 4755.471 of the Revised
Code, violation of the code of ethics (6) (7) Failure of one or both of the (8) (9) (10) Failure to maintain minimal standards of practice in the administration or handling of drugs, as defined in section 4729.01 of the Revised Code, or failure to employ acceptable scientific methods in the selection of drugs, as defined in section 4729.01 of the Revised Code, or other modalities for treatment; (11) Willful betrayal of a professional confidence; (12) Making a false, fraudulent, deceptive, or misleading statement in the solicitation of or advertising for patients in relation to the practice of physical therapy; (13) A departure from, or the failure to conform to, minimal standards of care required of licensees when under the same or similar circumstances, whether or not actual injury to a patient is established; (14) Obtaining, or attempting to obtain, money or anything of value by fraudulent misrepresentations in the course of practice; (15) Violation of the conditions of limitation or agreements placed by the physical therapy section on a license to practice; (16) Failure to renew a license in accordance with section 4755.46 of the Revised Code; (17) Except as provided in section 4755.471 of the Revised Code, engaging in the division of fees for referral of patients or receiving anything of value in return for a specific referral of a patient to utilize a particular service or business; (18) Inability to practice according to acceptable and prevailing standards of care because of mental illness or physical illness, including physical deterioration that adversely affects cognitive, motor, or perception skills; (19) The revocation, suspension, restriction, or termination of clinical privileges by the United States department of defense or department of veterans affairs; (20) Termination or suspension from participation in the medicare or medicaid program established under Title XVIII and Title XIX, respectively, of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, for an act or acts that constitute a violation of sections 4755.40 to 4755.56 of the Revised Code; (21) Failure of a physical therapist to maintain supervision of a student, physical therapist assistant, unlicensed support personnel, other assistant personnel, or a license applicant in accordance with the requirements of sections 4755.40 to 4755.56 of the Revised Code and rules adopted under those sections; (22) Failure to complete continuing education requirements as prescribed in section 4755.51 or 4755.511 of the Revised Code or to satisfy any rules applicable to continuing education requirements that are adopted by the physical therapy section; (23) Conviction of a misdemeanor when the act that constitutes the misdemeanor occurs during the practice of physical therapy; (24)(a) Except as provided in division (A)(24)(b) of this section, failure to cooperate with an investigation conducted by the physical therapy section, including failure to comply with a subpoena or orders issued by the section or failure to answer truthfully a question presented by the section at a deposition or in written interrogatories. (b) Failure to cooperate with an investigation does not constitute grounds for discipline under this section if a court of competent jurisdiction issues an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence at issue. (25) Regardless of whether the contact or verbal behavior is consensual, engaging with a patient other than the spouse of the physical therapist or physical therapist assistant, in any of the following: (a) Sexual contact, as defined in section 2907.01 of the Revised Code; (b) Verbal behavior that is sexually demeaning to the patient or may be reasonably interpreted by the patient as sexually demeaning. (26) Failure to notify the physical therapy section of a change in name, business address, or home address within thirty days after the date of change; (27) Except as provided in division (B) 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 physical therapy, 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; (b) Advertising that the individual 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 physical therapy, would otherwise be required to pay; (28) Violation of any section of this chapter or rule adopted under it. (B) Sanctions shall not be imposed under
division (A) (1) In compliance with the health benefit plan that expressly allows such a practice. Waiver of the deductibles or copayments shall be made only with the full knowledge and consent of the plan purchaser, payer, and third-party administrator. Documentation of the consent shall be made available to the physical therapy section upon request. (2) For professional services rendered to any other person licensed pursuant to sections 4755.40 to 4755.56 of the Revised Code to the extent allowed by those sections and the rules of the physical therapy section. (C) When a license is revoked under this section, application for reinstatement may not be made sooner than one year after the date of revocation. The physical therapy section may accept or refuse an application for reinstatement and may require that the applicant pass an examination as a condition for reinstatement. When a license holder is placed on probation under this section, the physical therapy section's order for placement on probation shall be accompanied by a statement of the conditions under which the individual may be removed from probation and restored to unrestricted practice. (D) When an application for an initial or renewed license is refused under this section, the physical therapy section shall notify the applicant in writing of the section's decision to refuse issuance of a license and the reason for its decision. (E) On receipt of a complaint that a person licensed by the physical therapy section has committed any of the actions listed in division (A) of this section, the physical therapy section may immediately suspend the license of the physical therapist or physical therapist assistant prior to holding a hearing in accordance with Chapter 119. of the Revised Code if it determines, based on the complaint, that the person poses an immediate threat to the public. The physical therapy section shall notify the person of the suspension in accordance with section 119.07 of the Revised Code. If the person fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the physical therapy section shall enter a final order permanently revoking the person's license. Sec. 4755.48. (A) No person shall employ fraud or deception in applying for or securing a license to practice physical therapy or to be a physical therapist assistant. (B) No person shall practice or in any way imply or claim to the public by words, actions, or the use of letters as described in division (C) of this section to be able to practice physical therapy or to provide physical therapy services, including practice as a physical therapist assistant, unless the person holds a valid license under sections 4755.40 to 4755.56 of the Revised Code or except for submission of claims as provided in section 4755.56 of the Revised Code. (C) No person shall use the words or letters, physical therapist, physical therapy, physical therapy services, physiotherapist, physiotherapy, physiotherapy services, licensed physical therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T., D.P.T., M.S.P.T., P.T.A., physical therapy assistant, physical therapist assistant, physical therapy technician, licensed physical therapist assistant, L.P.T.A., R.P.T.A., or any other letters, words, abbreviations, or insignia, indicating or implying that the person is a physical therapist or physical therapist assistant without a valid license under sections 4755.40 to 4755.56 of the Revised Code. (D) No person who practices physical therapy or assists in the provision of physical therapy treatments under the supervision of a physical therapist shall fail to display the person's current license granted under sections 4755.40 to 4755.56 of the Revised Code in a conspicuous location in the place where the person spends the major part of the person's time so engaged. (E) Nothing in sections 4755.40 to 4755.56 of the Revised Code shall affect or interfere with the performance of the duties of any physical therapist or physical therapist assistant in active service in the army, navy, coast guard, marine corps, air force, public health service, or marine hospital service of the United States, while so serving. (F) Nothing in sections 4755.40 to 4755.56 of the Revised Code shall prevent or restrict the activities or services of a person pursing a course of study leading to a degree in physical therapy in an accredited or approved educational program if the activities or services constitute a part of a supervised course of study and the person is designated by a title that clearly indicates the person's status as a student. (G) No person shall practice physical therapy other than on the prescription of, or the referral of a patient by, a person who is licensed in this or another state to practice medicine and surgery, chiropractic, dentistry, osteopathic medicine and surgery, podiatric medicine and surgery, or to practice nursing as a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner, within the scope of such practices, and whose license is in good standing, unless either of the following conditions is met:
(1) The person holds a master's or doctorate degree from a professional physical therapy program that is accredited by a national physical therapy accreditation agency recognized by the United States department of education (2) On or before December 31, 2004, the person has completed at least two years of practical experience as a licensed physical therapist.
Sec. 4755.482. (A) Except as otherwise provided in divisions (B) and (C) of this section, a person shall not teach a physical therapy theory and procedures course in physical therapy education without obtaining a license as a physical therapist from the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board. (B) A person who is registered or licensed as a physical therapist under the laws of another state shall not teach a physical therapy theory and procedures course in physical therapy education for more than one year without obtaining a license as a physical therapist from the physical therapy section. (C) A person who is registered or licensed as a physical therapist under the laws of a foreign country and is not registered or licensed as a physical therapist in any state who wishes to teach a physical therapy theory and procedures course in physical therapy education in this state, or an institution that wishes the person to teach such a course at the institution, may apply to the physical therapy section to request authorization for the person to teach such a course for a period of not more than one year. Any member of the physical therapy section may approve the person's or institution's application. No person described in this division shall teach such a course for longer than one year without obtaining a license from the physical therapy section. (D) The physical therapy section may investigate any person who allegedly has violated this section. The physical therapy section has the same powers to investigate an alleged violation of this section as those powers specified in section 4755.02 of the Revised Code. If, after investigation, the physical therapy section determines that reasonable evidence exists that a person has violated this section, within seven days after that determination, the physical therapy section shall send a written notice to that person in the same manner as prescribed in section 119.07 of the Revised Code for licensees, except that the notice shall specify that a hearing will be held and specify the date, time, and place of the hearing. The physical therapy section shall hold a hearing regarding the alleged violation in the same manner prescribed for an adjudication hearing under section 119.09 of the Revised Code. If the physical therapy section, after the hearing, determines a violation has occurred, the physical therapy section may discipline the person in the same manner as the physical therapy section disciplines licensees under section 4755.47 of the Revised Code. The physical therapy section's determination is an order that the person may appeal in accordance with section 119.12 of the Revised Code. If a person who allegedly committed a violation of this section fails to appear for a hearing, the physical therapy section may request the court of common pleas of the county where the alleged violation occurred to compel the person to appear before the physical therapy section for a hearing. If the physical therapy section assesses a person a civil penalty for a violation of this section and the person fails to pay that civil penalty within the time period prescribed by the physical therapy section, the physical therapy section shall forward to the attorney general the name of the person and the amount of the civil penalty for the purpose of collecting that civil penalty. In addition to the civil penalty assessed pursuant to this section, the person also shall pay any fee assessed by the attorney general for collection of the civil penalty. Sec. 4755.50. Nothing in this chapter shall be construed to
prevent or
restrict the practice of any person who is a licensed
health care professional
in this state while practicing within the
scope of
Sec. 4755.51.
On request of the physical therapy section, an applicant for license renewal
shall submit evidence satisfactory to the section of completion of the
required
continuing physical therapy Sec. 4755.511. Except in the case of a first license renewal, a physical therapist assistant is eligible for renewal of the physical therapist assistant's license only if the physical therapist assistant has completed twelve units of continuing education in one or more courses, activities, or programs approved by the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board. On request of the physical therapy section, an applicant for license renewal shall submit evidence satisfactory to the section of completion of the required continuing physical therapist assistant education. Sec. 4755.52. (A) In accordance with Chapter 119. of the Revised Code, the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall adopt rules specifying standards, in addition to the standards specified by division (B) of this section, for approval of continuing education courses, programs, and activities for physical therapists and physical therapist assistants. (B) To be eligible for approval by the physical therapy section, a continuing education course, program, or activity shall meet all of the following requirements: (1) Include significant intellectual or practical content, the primary objective of which is to improve the professional competence of the participant; (2) Be an organized program of learning dealing with matters directly related to the practice of physical therapy, professional responsibility, ethical obligations, or similar subjects that the section determines maintain and improve the quality of physical therapy services in this state; (3) Consist of in-person instruction or other methods of instruction, including the use of self-study materials prepared and conducted by an individual or a group qualified by practical or academic experience as determined by the section; (4) Be presented in a setting physically suited to the educational activity of the course, program, or activity; (5) Include thorough, high-quality written material; (6) Meet any other standards established by rule of the section adopted under division (A) of this section. (C) The physical therapy section shall review physical therapy continuing education programs, courses, and activities and grant approval to those that meet the standards established under divisions (A) and (B) of this section. If the section denies approval of a course, program, or activity, it shall give a written explanation of the reason for denial to the person requesting approval. The physical therapy section may approve continuing
education courses, programs, and activities that have been
approved by The physical therapy section may contract with the Ohio chapter of the American physical therapy association for assistance in performance of the section's duties under this section. Sec. 4755.56. (A) As used in this section: (1) "Governmental health care program" has the same meaning as in section 4731.65 of the Revised Code. (2) "Third-party payer" has the same meaning as in section 3901.38 of the Revised Code. (B)(1) Except as provided in division (B)(2) of this section, each person and governmental entity, when submitting to a governmental health care program or third-party payer a claim for payment for services rendered in this state that are designated in the claim as physical therapy, shall specify in the claim one of the following: (a) The (b) The (2) The requirement of division (B)(1) of this section
to specify (C) Each physical therapist licensed under this chapter
who renders or supervises physical therapy, and each health care
professional licensed in this state who renders services in
accordance with section 4755.50 of the Revised Code designated as
physical therapy, shall provide a patient, when the patient is
responsible for submitting a claim to a governmental health care
program or third-party payer, with (D) A governmental health care program or third-party
payer is not required to pay a claim for payment for services
designated as physical therapy that does not specify the Sec. 4755.61. (A) The athletic trainers section of the Ohio occupational therapy, physical therapy, and athletic trainers board shall: (1) Adopt rules, not inconsistent with this chapter, for the licensure of athletic trainers, including rules that specify the application form and educational course work and clinical experience requirements for licensure; (2) Establish and deposit fees in accordance with division (B) of this
section and section (3) Conduct hearings, keep records of its proceedings, and
do all things necessary and proper to administer and enforce
sections (4) Publish and make available, upon request and for a fee not to exceed the actual cost of printing and mailing, the requirements for the issuance of an athletic trainers license under this chapter and the rules adopted thereunder; (5) Maintain a register of every person licensed to
practice
athletic training in this state, including the addresses
of the
licensee's last known place of business and residence, and
the
effective date and identification number of the person's
license.
The (6) Publish and make available, upon request and for a fee not to exceed the actual cost of printing and mailing, a list of persons who passed the examination required under section 4755.62 of the Revised Code; (7) Investigate complaints concerning alleged violations
of
section 4755.62 of the Revised Code or other grounds for the
suspension, revocation, or refusal to issue a license under
section 3123.47 or 4755.64 of the Revised Code. In
connection
with its
investigations, the athletic trainers section may
subpoena
witnesses, issue subpoenas, examine witnesses, administer
oaths,
and, under the direction of the executive (8) Adopt rules governing the nature and scope of the
examination required under section 4755.62 of the Revised Code
and
the reexamination required under section 4755.63 of the
Revised
Code and the minimum examination score for licensure or
renewal
thereof. The rules for the examination required under
section
4755.62 of the Revised Code shall ensure the testing of
the
applicant's knowledge of the basic and clinical sciences
relating
to athletic training theory and practice, including
professional
skills and judgment in the utilization of athletic
training
techniques and such other subjects as the athletic
trainers
section (9) Conduct the examination required under section 4755.62
of the Revised Code at least twice a year at a time and place and
under such supervision as the athletic trainers section (10) Adopt rules to determine which states' standards for licensure are equal to or greater than this state's for the purpose of waiving requirements under division (D) of section 4755.62 of the Revised Code; (11) Adopt rules to determine which examinations meet the requirements of division (E) of section 4755.62 of the Revised Code; (12) Adopt rules establishing the standards of ethical conduct for licensed athletic trainers under this chapter; (13) Adopt rules (14) Adopt rules establishing the schedule when licenses to practice as an athletic trainer expire during a biennium for purposes of section 4755.63 of the Revised Code. (B) The fees adopted by the athletic trainers section (1) A nonrefundable examination fee, not to exceed the amount necessary to cover the expense of administering the examination; (2) An initial license fee; (3) A biennial license renewal fee; (4) A late renewal penalty, not to exceed fifty per cent of the renewal fee. The athletic trainers section (C) All rules under sections Sec. 4755.62. (A) No person shall claim to the public to be an athletic trainer or imply by words, actions, or letters that the person is an athletic trainer, or otherwise engage in the practice of athletic training, unless the person is licensed as an athletic trainer pursuant to this chapter. (B) Except as otherwise provided in division (B) of section 4755.65 of the Revised Code, no educational institution, partnership, association, or corporation shall advertise or otherwise offer to provide or convey the impression that it is providing athletic training unless an individual licensed as an athletic trainer pursuant to this chapter is employed by, or under contract to, the educational institution, partnership, association, or corporation and will be performing the athletic training services to which reference is made. (C) To qualify for an athletic trainers license, a person shall: (1) Have satisfactorily completed an application for licensure in accordance with rules adopted by the athletic trainers section of the Ohio occupational therapy, physical therapy, and athletic trainers board under section 4755.61 of the Revised Code; (2) Have paid the examination fee required under this section; (3)
(D) The section may waive the requirements of division (C)
of this section for any applicant who presents proof of current
licensure in another state whose standards for licensure, as
determined by the (E) The section shall issue a license to every applicant who complies with the requirements of division (C) of this section, files the required application form, and pays the fees required by section 4755.61 of the Revised Code. A license issued under this section entitles the holder to engage in the practice of athletic training, claim to the public to be an athletic trainer, or to imply by words or letters that the licensee is an athletic trainer. Each licensee shall display the licensee's license in a conspicuous place at the licensee's principal place of employment. Sec. 4755.63. Each license issued under section 4755.62 of the Revised Code
expires Sec. 4755.64. (A) In accordance with Chapter 119. of the Revised Code, the athletic trainers section of the Ohio occupational therapy, physical therapy, and athletic trainers board may suspend, revoke, or refuse to issue or renew an athletic trainers license, or reprimand, fine, or place a licensee on probation, for any of the following: (1) Conviction of (2) Violation of sections 4755.61 to 4755.65 of the Revised Code or any order issued or rule adopted thereunder; (3) Obtaining a license through fraud, false or misleading representation, or concealment of material facts; (4) Negligence or gross misconduct in the practice of athletic training; (5) Violating the standards of ethical conduct in the practice of athletic training as adopted by the athletic trainers section under section 4755.61 of the Revised Code; (6) Using any controlled substance or alcohol to the extent that the ability to practice athletic training at a level of competency is impaired; (7) Practicing in an area of athletic training
for
which the individual is (8) Employing, directing, or supervising a person in the performance of athletic training procedures who is not authorized to practice as a licensed athletic trainer under this chapter; (9) Misrepresenting educational attainments or the functions the individual is authorized to perform for the purpose of obtaining some benefit related to the individual's athletic training practice; (10) Failing the licensing examination; (11) Aiding or abetting the unlicensed practice of athletic training; (12) (B) If the athletic trainers section places a licensee on probation under division (A) of this section, the section's order for placement on probation shall be accompanied by a written statement of the conditions under which the person may be removed from probation and restored to unrestricted practice. (C) A licensee whose license has been revoked under division (A) of this section may apply to the athletic trainers section for reinstatement of the license one year following the date of revocation. The athletic trainers section may accept or deny the application for reinstatement and may require that the applicant pass an examination as a condition for reinstatement. (D) On receipt of a complaint that a person licensed by the athletic trainers section has committed any of the prohibited actions listed in division (A) of this section, the section may immediately suspend the license of a licensed athletic trainer prior to holding a hearing in accordance with Chapter 119. of the Revised Code if it determines, based on the complaint, that the licensee poses an immediate threat to the public. The section shall notify the licensed athletic trainer of the suspension in accordance with section 119.07 of the Revised Code. If the individual whose license is suspended fails to make a timely request for an adjudication under Chapter 119. of the Revised Code, the section shall enter a final order permanently revoking the individual's license. Sec. 4755.65. (A) Nothing in sections 4755.61 to 4755.64 of the Revised Code shall be construed to prevent or restrict the practice, services, or activities of any person who: (1) Is an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry, a dentist licensed under Chapter 4715. of the Revised Code, a chiropractor licensed under Chapter 4734. of the Revised Code, a dietitian licensed under Chapter 4759. of the Revised Code, a physical therapist licensed under this chapter, or a qualified member of any other occupation or profession practicing within the scope of the person's license or profession and who does not claim to the public to be an athletic trainer; (2) Is employed as an athletic trainer by an agency of the United States government and provides athletic training solely under the direction or control of the agency by which the person is employed; (3) Is a student in (4) Is
(5) Provides athletic training only to relatives or in medical emergencies; (6) Provides gratuitous care to friends or members of the person's family; (7) Provides only self-care. (B) Nothing in this chapter shall be construed to prevent any person licensed under Chapter 4723. of the Revised Code and whose license is in good standing, any person authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery and whose certificate to practice is in good standing, any person authorized under Chapter 4731. of the Revised Code to practice podiatry and whose certificate to practice is in good standing, any person licensed under Chapter 4734. of the Revised Code to practice chiropractic and whose license is in good standing, any person licensed as a dietitian under Chapter 4759. of the Revised Code to practice dietetics and whose license is in good standing, any person licensed as a physical therapist under this chapter to practice physical therapy and whose license is in good standing, or any association, corporation, or partnership from advertising, describing, or offering to provide athletic training, or billing for athletic training if the athletic training services are provided by a person licensed under this chapter and practicing within the scope of the person's license, by a person licensed under Chapter 4723. of the Revised Code and practicing within the scope of the person's license, by a person authorized under Chapter 4731. of the Revised Code to practice podiatry, by a person authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery, by a person licensed under Chapter 4734. of the Revised Code to practice chiropractic, or by a person licensed under Chapter 4759. of the Revised Code to practice dietetics. (C) Nothing in this chapter shall be construed as authorizing a licensed athletic trainer to practice medicine and surgery, osteopathic medicine and surgery, podiatry, or chiropractic. Sec. 4755.66. On receipt of a notice pursuant to
section
3123.43 of the Revised Code, the appropriate section of the Ohio occupational
therapy,
physical therapy,
and
athletic Sec. 4755.99. (A) Whoever violates (B)(1) One-half of all fines collected for violation of section
(2) One-half of all fines collected for violation of section 4755.48 of the Revised Code shall be distributed to the physical therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board and then paid into the state treasury to the credit of the occupational licensing and regulatory fund, and one-half to the treasury of the municipal corporation in which the offense was committed, or if the offense was committed outside the limits of a municipal corporation, to the treasury of the county. (3) One-half of all fines collected for violation of section 4755.62 of the Revised Code shall be distributed to the athletic trainers section of the Ohio occupational therapy, physical therapy, and athletic trainers board and then paid into the state treasury to the credit of the occupational licensing and regulatory fund, and one-half to the treasury of the municipal corporation in which the offense was committed, or if the offense was committed outside the limits of a municipal corporation, to the treasury of the county
SECTION 2. That existing sections 1705.03, 1705.04, 1705.53, 1785.01, 1785.02, 1785.03, 3701.881, 3902.22, 4723.16, 4729.161, 4731.226, 4731.65, 4732.28, 4734.17, 4755.01, 4755.02, 4755.03, 4755.04, 4755.05, 4755.06, 4755.07, 4755.08, 4755.09, 4755.10, 4755.11, 4755.12, 4755.13, 4755.40, 4755.41, 4755.42, 4755.43, 4755.45, 4755.46, 4755.47, 4755.48, 4755.50, 4755.51, 4755.52, 4755.56, 4755.61, 4755.62, 4755.63, 4755.64, 4755.65, 4755.66, and 4755.99, and sections 4755.44 and 4755.49 of the Revised Code are hereby repealed. SECTION 3. On the effective date of this act, any rule administered by the physical therapy section of the Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board that is in conflict with the provisions of this act is void. SECTION 4. A member of the Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board or Physical Therapy Section who, as of the effective date of this section, has served more than a total of nine years on the Board or Physical Therapy Section may complete the member's current term but is not eligible for reappointment for the following term. SECTION 5. Section 1785.01 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 606 and Sub. H.B. 698 of the 122nd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act. |
|||||
|
© 2024 Legislative Information Systems | Disclaimer |
||||||