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S. B. No. 17 As IntroducedAs Introduced
126th General Assembly | Regular Session | 2005-2006 |
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Senators Spada, Jacobson, Fedor
A BILL
To amend sections 2151.421, 2317.02, and 2901.13 of the Revised Code to require a member of the clergy, rabbi, priest, minister, or any person or layperson acting as a leader, official, delegate, or other designated function on behalf of any church, religious society, or faith to report the abuse or neglect of a child and to toll the statute of limitations for violations involving abuse or neglect of a child if certain individuals fail to report the abuse or neglect of the child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.421, 2317.02, and 2901.13 of the Revised Code be amended to read as follows:
Sec. 2151.421. (A)(1)(a) No person described in division
(A)(1)(b) of this section who is acting in an
official or
professional capacity and knows or suspects that a child under
eighteen years of age or a mentally
retarded, developmentally
disabled, or physically impaired child under
twenty-one years of
age has suffered or faces a
threat of suffering any physical or
mental wound, injury,
disability, or condition of a nature that
reasonably indicates
abuse or neglect of the child, shall fail to
immediately report
that knowledge or suspicion
to the entity or
persons specified in this division. Except as provided in section
5120.173 of the Revised Code, the person making the report shall
make it to the public
children services agency or a municipal or
county peace officer in
the county in which the child resides or
in which the abuse or
neglect is occurring or has occurred.
In the
circumstances described in section 5120.173 of the Revised Code,
the person making the report shall make it to the entity specified
in that section. (b) Division (A)(1)(a)
of this section applies to any person
who is an attorney;
physician, including a hospital intern or
resident; dentist;
podiatrist; practitioner of a limited branch of
medicine
as specified in section 4731.15 of the Revised
Code;
registered nurse;
licensed practical nurse; visiting nurse; other
health care
professional; licensed psychologist; licensed school
psychologist; independent marriage and family therapist or marriage and family therapist; speech pathologist or audiologist; coroner;
administrator or employee of a child day-care center;
administrator or
employee of a residential camp or child day camp;
administrator or employee of a certified child care agency or
other public or private children services agency; school
teacher;
school employee; school authority; person engaged in
social work
or the practice of professional counseling; agent of a county humane society; cleric; any person designated by any church, religious society, or faith acting as a leader, official, or delegate on behalf of the church, religious society, or faith;
person rendering
spiritual treatment through prayer in
accordance with the tenets
of a well-recognized religion; superintendent, board member, or employee of a county board of mental retardation; investigative agent contracted with by a county board of mental retardation; or employee of the department of mental retardation and developmental disabilities. (2) An Except as provided in division (A)(3) of this section, an attorney or a, physician, or cleric is not required to make a
report
pursuant
to division (A)(1) of this section concerning any
communication
the attorney or, physician, or cleric
receives from a
client or,
patient, or penitent in an attorney-client or, physician-patient, or cleric-penitent
relationship,
if, in accordance with division (A) or, (B), or (C)
of section
2317.02 of
the Revised Code, the attorney or, physician, or cleric could not
testify with
respect to that communication in a civil or criminal proceeding,
except that. (3) If the client or, patient, or penitent is deemed to have waived any
testimonial
privilege under division (A) or, (B), or (C) of section 2317.02
of the
Revised
Code with respect to that any communication and the attorney, physician, or cleric receives from the client, patient, or penitent in an attorney-client, physician-patient, or cleric-penitent relationship, the
attorney or, physician, or cleric
shall
make a report pursuant to division
(A)(1) of this section with
respect to that communication, if all
of the following apply: (a) The client or, patient, or penitent, at the time of the communication,
is
either a child under eighteen years of age or a
mentally
retarded, developmentally disabled, or
physically impaired person
under twenty-one
years of age. (b) The attorney or, physician, or cleric knows or suspects, as a result
of the
communication or any observations made during that
communication,
that the client or patient a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age has suffered or faces a
threat of suffering
any
physical or mental wound, injury,
disability, or condition of a
nature that reasonably indicates
abuse or neglect of the client or
patient child or person. (c) The attorney-client or physician-patient relationship abuse or neglect
does not
arise out of
the client's or patient's an attempt to have an
abortion performed upon a child under eighteen years of age or upon a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age without the
notification
of her parents, guardian, or
custodian in accordance with section
2151.85 of the Revised Code.
(4) Division (A)(3) of this section does not apply in a cleric-penitent relationship when the disclosure of any communication the cleric receives from the penitent is in violation of the sacred trust.
(5) As used in division (A) of this section, "cleric" and "sacred trust" have the same meanings as in section 2317.02 of the Revised Code. (B)
Anyone,
who knows or suspects that a child under
eighteen
years of age or
a mentally
retarded, developmentally disabled, or
physically
impaired person
under twenty-one years of age has
suffered or
faces a
threat of suffering any physical or mental
wound, injury,
disability, or other condition of a nature that
reasonably
indicates abuse or neglect of the child may report or
cause
reports to be made of that knowledge or suspicion
to the
entity or persons specified in this division. Except as provided
in section 5120.173 of the Revised Code, a person making a report
or causing a report to be made under this division shall make it
or cause it to be made to the public
children services agency or
to a municipal
or
county peace
officer.
In the circumstances
described in section 5120.173 of the Revised Code, a person making
a report or causing a report to be made under this division shall
make it or cause it to be made to the entity specified in that
section. (C) Any report made pursuant to division (A) or (B) of
this
section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested
by the
receiving agency or officer. The written report shall
contain: (1) The names and addresses of the child and the child's
parents
or the person or persons having custody of the child, if
known; (2) The child's age and the nature and extent of the
child's
known or suspected injuries, abuse, or neglect or of the
known or
suspected threat of injury, abuse, or neglect, including
any
evidence of previous injuries, abuse, or neglect; (3) Any other information that might be helpful in
establishing the cause of the known or suspected injury, abuse,
or
neglect or of the known or suspected threat of injury, abuse,
or
neglect. Any person, who is required by division (A) of this section
to report known or suspected child abuse or child neglect, may
take or cause to be taken color photographs of areas of trauma
visible on a child and, if medically indicated, cause to be
performed radiological examinations of the child. (D)(1)
When a municipal or county peace
officer receives a report concerning the possible
abuse or neglect
of a child or the possible threat of abuse or
neglect of a child,
upon receipt of the report, the municipal or county peace officer
who
receives the report shall refer the report to the appropriate
public children services
agency. (2)
When a public children services agency
receives a report pursuant to this
division or
division (A) or
(B)
of this section,
upon receipt of the report, the public
children
services
agency shall comply with section 2151.422 of
the Revised
Code. (E) No township, municipal, or county peace officer shall
remove a child
about whom a report is made pursuant to this
section from the child's parents,
stepparents, or guardian or any
other persons having custody of the child
without consultation
with the
public children services agency, unless,
in
the judgment
of the officer, and, if the
report was made by physician, the
physician,
immediate removal is considered essential to protect
the child
from further abuse or neglect.
The agency that
must be
consulted shall be the agency conducting the
investigation of the
report as determined pursuant to section
2151.422 of the Revised
Code. (F)(1) Except as
provided in section 2151.422 of the Revised
Code, the public
children
services agency shall investigate,
within twenty-four
hours, each
report of known or suspected child
abuse or child neglect and of
a known or suspected threat of child
abuse or child neglect that
is referred to it under this section
to determine the
circumstances surrounding the injuries, abuse, or
neglect or the
threat of injury, abuse, or neglect, the cause of
the injuries,
abuse, neglect, or threat, and the person or persons
responsible.
The investigation shall be made in cooperation with
the law
enforcement agency and in accordance with the memorandum
of understanding
prepared under
division (J) of this section. A
failure to make the investigation in accordance with the
memorandum is
not grounds for, and shall not result in,
the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the
report
and does not give, and shall not be construed as giving,
any
rights or any grounds for appeal or post-conviction relief to
any
person. The public
children
services agency shall report each
case to a central
registry which
the department of job and family
services
shall maintain in order to
determine whether prior
reports have been made in other counties
concerning the child or
other principals in the case. The
public children services agency
shall submit a report of its
investigation,
in writing, to the law
enforcement agency. (2) The public children
services agency shall make any
recommendations to the
county
prosecuting attorney or city
director of law that it considers
necessary to protect any
children that are brought to its
attention. (G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports
under
division (A) of this section, anyone or any hospital,
institution,
school, health department, or agency participating
in good faith
in the making of reports under division (B) of this
section, and
anyone participating in good faith in a judicial
proceeding
resulting from the reports, shall be immune from any
civil or
criminal liability for injury, death, or loss to person
or
property that otherwise might be incurred or imposed as a
result
of the making of the reports or the participation in the
judicial
proceeding. (b) Notwithstanding section 4731.22 of the
Revised Code, the
physician-patient privilege shall not be a
ground for excluding
evidence regarding a child's injuries,
abuse, or neglect, or the
cause of the injuries, abuse, or
neglect in any judicial
proceeding resulting from a report
submitted pursuant to this
section. (2) In any civil or criminal action or proceeding in which
it is alleged and proved that participation in the making of a
report under this section was not in good faith or participation
in a judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom
the
civil action or proceeding is brought. (H)(1) Except as provided in divisions (H)(4) and
(M)
of this
section, a report made under this section is confidential.
The information provided in a report made pursuant to this
section
and the name of the person who made the report shall not
be
released for use, and shall not be used, as evidence in any
civil
action or proceeding brought against the person who made
the
report. In a criminal proceeding, the report is admissible
in
evidence in accordance with the Rules of Evidence and is
subject
to discovery in accordance with the Rules of Criminal
Procedure. (2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section. (3) A person who knowingly makes or causes another person
to
make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code. (4) If a report is made pursuant to division (A) or
(B) of
this section and the child who is the subject of the report
dies
for any reason at any time after the report is made, but before
the child
attains eighteen years of age, the public
children
services agency or municipal or county peace officer to which the
report was made or referred, on the request of the child fatality
review
board,
shall submit a summary sheet of information
providing a summary of the
report to the review board of the
county in which the deceased
child resided at the time of death.
On the request of the review
board, the agency or peace officer
may, at its discretion, make
the report available to the review
board. (5) A public children services agency shall advise
a person
alleged to have inflicted abuse or neglect on a child
who is the
subject of a report made pursuant to this section in writing
of
the
disposition of the investigation. The agency shall not
provide to the person
any information that identifies the
person
who made the report, statements of witnesses, or police or other
investigative reports. (I) Any report that is required by this section, other than
a report that is made to the state highway patrol as described in
section 5120.173 of the Revised Code, shall
result
in protective
services and emergency supportive services
being
made available by
the public children services
agency on behalf of
the children
about whom
the report is made, in an effort to
prevent further
neglect or
abuse, to enhance their welfare, and,
whenever
possible, to
preserve the family unit intact.
The agency
required
to provide the services shall be the agency conducting
the
investigation of the report pursuant to section 2151.422 of
the
Revised
Code. (J)(1) Each public children services agency shall prepare
a
memorandum of understanding that is signed by all of the
following: (a) If there is
only one juvenile judge in the county, the
juvenile judge of the
county or the juvenile judge's
representative; (b) If there is more than
one juvenile
judge in the county,
a juvenile judge or the
juvenile judges' representative selected
by the juvenile judges
or, if they are unable to do so for any
reason, the juvenile judge who is
senior in point of
service or
the senior juvenile judge's representative; (c) The county
peace officer; (d) All
chief municipal peace officers within the county; (e) Other law enforcement officers handling child abuse and
neglect cases in the county; (f) The prosecuting
attorney of the county; (g) If the public children services agency is not the county
department of
job and family services, the county department of
job and family services; (h) The county humane society. (2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by
all concerned officials in
the execution of their respective
responsibilities under this
section and division (C) of section
2919.21, division (B)(1) of
section 2919.22, division (B) of
section 2919.23, and section
2919.24 of the Revised Code and
shall have as two of its primary
goals the elimination of all
unnecessary interviews of children
who are the subject of reports
made pursuant to division (A) or
(B) of this section and, when
feasible, providing for only one
interview of a child who is the
subject of any report made
pursuant to division (A) or (B) of
this section. A failure to
follow the procedure set forth in the
memorandum by
the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person. (3) A memorandum of understanding shall include all of the
following: (a) The roles
and responsibilities for handling emergency
and
nonemergency cases of abuse and neglect; (b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected. (K)(1) Except as provided in division
(K)(4) of this
section, a person who is required to make
a report pursuant to
division (A) of this section may
make a reasonable number of
requests of the public children services
agency that receives or
is
referred the report to be provided with
the following
information: (a) Whether the agency has initiated an
investigation of the
report; (b) Whether the agency is continuing to
investigate the
report; (c) Whether the agency is otherwise
involved
with the child
who is the subject of the report; (d) The general status of the health and safety of the
child
who is the subject of the report; (e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court. (2) A person may request the information specified in
division (K)(1) of this
section only if, at the time the report is
made, the person's name, address,
and telephone number are
provided to the person who receives the report. When a municipal or county peace officer or employee of a
public children services
agency
receives a report pursuant to
division (A) or
(B) of this section the recipient of the report
shall inform the person of the
right to request the
information
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child
neglect
report that the person making the report was so informed
and, if
provided at the time of the making of the report, shall
include
the person's name, address, and telephone number in the
report. Each request is subject to verification of the identity of
the person making
the
report. If that person's
identity is
verified, the agency shall
provide the person with
the information
described in division (K)(1) of this section
a reasonable number
of times, except that the agency shall not disclose
any
confidential information
regarding the child who is the subject of
the report other than
the information described in those
divisions. (3) A request made pursuant to division (K)(1) of this
section is not a
substitute for any report required to be made
pursuant to division (A) of this
section. (4) If an agency other than the agency that
received or was
referred the report is conducting the
investigation of the report
pursuant to section 2151.422 of the
Revised
Code, the agency
conducting the
investigation shall comply with the requirements of
division
(K) of this section. (L) The director of job and
family services shall
adopt
rules in accordance
with Chapter 119. of the Revised Code to
implement this section. The department of job and family services
may
enter into a
plan of cooperation with
any other governmental
entity to aid in ensuring that children
are protected from abuse
and neglect. The department shall make
recommendations to the
attorney general that the department
determines are necessary to
protect children from child abuse and
child neglect. (M)(1) As used in this division:
(a) "Out-of-home care" includes a nonchartered nonpublic school if the alleged child abuse or child neglect, or alleged threat of child abuse or child neglect, described in a report received by a public children services agency allegedly occurred in or involved the nonchartered nonpublic school and the alleged perpetrator named in the report holds a certificate, permit, or license issued by the state board of education under section 3301.071 or Chapter 3319. of the Revised Code.
(b) "Administrator, director, or other chief administrative officer" means the superintendent of the school district if the out-of-home care entity subject to a report made pursuant to this section is a school operated by the district.
(2) No later than the end of the day
following the day on
which a public children services agency
receives a report of
alleged child abuse or child
neglect, or a report of an alleged
threat of child abuse or child
neglect, that allegedly occurred in
or involved an out-of-home
care entity, the agency shall provide
written notice
of the allegations contained in and the person
named as the alleged
perpetrator in the report to the
administrator, director, or other chief
administrative officer of
the out-of-home care entity that is the
subject of the report
unless the administrator, director, or
other chief administrative
officer is named as an alleged
perpetrator in the report. If the
administrator, director, or
other chief administrative officer of
an out-of-home care entity
is named as an alleged perpetrator in a
report of alleged child
abuse or child neglect, or a report of an
alleged threat of child
abuse or child neglect, that allegedly
occurred in or involved
the out-of-home care entity, the agency
shall provide the written notice
to
the owner or governing board
of the out-of-home care entity that
is the subject of the report.
The agency
shall not provide
witness statements or police or other
investigative reports. (3) No later than three days after the day on
which a public
children services agency that
conducted the investigation as
determined pursuant to section 2151.422
of the Revised Code makes
a
disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the
agency
shall send written
notice of the disposition of the
investigation to the
administrator, director, or other chief
administrative officer and
the owner or governing board of the
out-of-home care entity. The
agency shall
not provide witness
statements or police or other
investigative reports.
Sec. 2317.02. The following persons shall not testify in
certain respects: (A) An attorney, concerning a communication made to the
attorney by a client in that relation or the
attorney's advice to
a client, except
that the attorney may testify by express consent
of the client
or, if the client is deceased, by the express
consent of the
surviving spouse or the executor or administrator
of the estate
of the deceased client and except that, if the
client voluntarily
testifies or is deemed by section 2151.421 of
the Revised Code to
have waived any testimonial privilege under
this division, the
attorney may be compelled to testify on the
same subject; (B)(1) A physician or a dentist concerning a communication
made to the physician or dentist by a patient in that relation or
the
physician's or dentist's advice to a
patient, except as
otherwise provided in this division, division (B)(2), and
division
(B)(3) of this section, and except that, if the patient
is deemed
by section 2151.421 of the Revised Code to have waived
any
testimonial privilege under this division, the physician may
be
compelled to testify on the same subject. The testimonial privilege established under this division
does not
apply, and a physician or dentist may testify or may be
compelled
to testify, in any of the following circumstances: (a) In any civil action, in accordance with the discovery
provisions of the Rules of Civil Procedure in connection with a
civil action, or in connection with a claim under Chapter 4123.
of
the Revised Code, under any of the following circumstances: (i) If the patient or the guardian or other legal
representative of the patient gives express consent; (ii) If the patient is deceased, the spouse of the patient
or the executor or administrator of the patient's estate
gives
express consent; (iii) If a medical claim, dental claim, chiropractic
claim,
or optometric claim, as defined in section 2305.113 of the
Revised
Code, an action for wrongful death, any other type of
civil
action, or a claim under Chapter 4123. of the Revised Code
is
filed by the patient, the personal representative of the
estate of
the patient if deceased, or the patient's guardian
or other legal
representative. (b) In any civil action concerning court-ordered treatment
or services
received by a patient, if the court-ordered treatment
or services were ordered
as part of a case plan journalized under
section 2151.412 of the Revised Code or the
court-ordered
treatment or services are necessary or relevant to dependency,
neglect, or abuse or temporary or permanent custody proceedings
under
Chapter 2151. of the Revised Code. (c) In any criminal action concerning any test or the
results of any test that determines the presence or concentration
of alcohol,
a drug of abuse, or alcohol and a drug of abuse in the
patient's
blood, breath, urine, or other bodily substance at any
time
relevant to the criminal offense in question. (d) In any criminal action against a physician
or dentist.
In such an action, the testimonial privilege
established under
this division does not prohibit the admission
into evidence, in
accordance with the
Rules of
Evidence, of a patient's
medical or
dental records or other communications between a
patient and the
physician or dentist that are related to the
action and obtained
by subpoena, search warrant, or other lawful
means. A court that
permits or compels a physician or dentist
to testify in such an
action or permits the introduction into
evidence of patient
records or other communications in such an
action shall require
that appropriate measures be taken to
ensure that the
confidentiality of any patient named or
otherwise identified in
the records is maintained. Measures to
ensure confidentiality
that may be taken by the court include
sealing its records or
deleting specific information from its
records. (e) In any will contest action under sections 2107.71 to
2107.77 of the Revised Code if all of the following apply: (i) The patient is deceased. (ii) A party to the will contest action requests the
testimony, demonstrates to the court that that
party would be an heir
of the patient if the patient died without
a will, is a
beneficiary under the will that is the subject of the
will contest
action, or is a beneficiary under another
testamentary document
allegedly executed by the patient, and demonstrates to the court
that the testimony is necessary to establish the party's rights as
described in this division. (2)(a) If any law enforcement officer submits a written
statement to a health
care provider that states that an official
criminal investigation has begun
regarding a specified person or
that a criminal action or proceeding has been
commenced against a
specified person, that requests the provider to supply to
the
officer copies of any records the provider possesses that pertain
to any
test or the results of any test administered to the
specified person to
determine the presence or concentration of
alcohol, a drug of abuse, or alcohol
and a drug of abuse in the
person's blood, breath, or urine at any time
relevant to the
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent
specifically
prohibited by any law of this state or of the United
States, shall supply to
the officer a copy of any of the requested
records the provider possesses. If
the health care provider does
not possess any of the requested records, the
provider shall give
the officer a written statement that indicates that the
provider
does not possess any of the requested records. (b) If a health care provider possesses any records of the
type described in
division (B)(2)(a) of this section regarding the
person in question at any
time relevant to the criminal offense in
question, in lieu of personally
testifying as to the results of
the test in question, the custodian of the
records may submit a
certified copy of the records, and, upon its submission,
the
certified copy is qualified as authentic evidence and may be
admitted as
evidence in accordance with the Rules of Evidence.
Division (A) of section
2317.422 of the Revised Code does not
apply to any certified copy of records
submitted in accordance
with this division. Nothing in this division shall be
construed
to limit the right of any party to call as a witness the person
who
administered the test to which the records pertain, the person
under whose
supervision the test was administered, the custodian
of the records, the
person who made the records, or the person
under whose supervision the records
were made. (3)(a) If the testimonial privilege described in division
(B)(1) of this section does not apply as provided in division
(B)(1)(a)(iii) of this section, a physician or dentist may be
compelled to testify or to submit to discovery under the Rules of
Civil Procedure only as to a communication made to the physician
or dentist by the patient in question in that relation, or the
physician's or
dentist's advice to the
patient in question, that
related causally or historically to
physical or mental injuries
that are relevant to issues in the
medical claim, dental claim,
chiropractic claim, or optometric
claim, action for wrongful
death, other civil action, or claim
under Chapter 4123. of the
Revised Code. (b) If the testimonial privilege described in division
(B)(1) of this section
does not apply to a physician or dentist as
provided in division
(B)(1)(c) of
this section, the physician or
dentist, in lieu of personally testifying as to
the results of the
test in question, may submit a certified copy of those
results,
and, upon its submission, the certified copy is qualified as
authentic
evidence and may be admitted as evidence in accordance
with the Rules of
Evidence. Division (A) of section 2317.422 of
the Revised Code does not apply
to any certified copy of results
submitted in accordance with this division.
Nothing in this
division shall be construed to limit the right of any party to
call as a witness the person who administered the test in
question, the person
under whose supervision the test was
administered, the custodian of the
results
of the test, the person
who compiled the results, or the person under whose
supervision
the results were compiled. (c) If the testimonial privilege described in division (B)(1)
of this section does not apply as provided in division (B)(1)(e)
of this section, a physician or dentist may be compelled to
testify or to submit to discovery in the will contest action under
sections 2107.71 to 2107.77 of the Revised Code only as to the
patient in question on issues relevant to the competency of the
patient at the time of the execution of the will. Testimony or
discovery conducted pursuant to this division shall be conducted
in accordance with the Rules of Civil Procedure. (4) The testimonial privilege
described in division (B)(1)
of this section is not waived when a
communication is made by a
physician to a pharmacist or when there
is communication between a
patient and a pharmacist in furtherance
of the physician-patient
relation. (5)(a) As used in divisions (B)(1) to (4) of this
section,
"communication" means acquiring, recording, or transmitting any
information, in any manner, concerning any facts, opinions, or
statements necessary to enable a physician or dentist to
diagnose,
treat, prescribe, or act for a patient. A
"communication" may
include, but is not limited to, any medical
or dental, office, or
hospital communication such as a record,
chart, letter,
memorandum, laboratory test and results, x-ray,
photograph,
financial statement, diagnosis, or prognosis. (b) As used in division (B)(2) of this section,
"health care
provider"
means a hospital, ambulatory care facility, long-term
care facility, pharmacy, emergency facility, or health care
practitioner. (c) As used in division (B)(5)(b) of this section: (i)
"Ambulatory care facility" means a facility that
provides
medical, diagnostic, or surgical treatment to patients
who do not
require hospitalization, including a dialysis center,
ambulatory
surgical facility, cardiac catheterization facility,
diagnostic
imaging center, extracorporeal shock wave lithotripsy
center, home
health agency, inpatient hospice, birthing center,
radiation
therapy center, emergency facility, and an urgent care
center.
"Ambulatory health care facility" does not include the
private
office of a physician or dentist, whether the office is
for an
individual or group practice. (ii)
"Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(iii)
"Health care practitioner" has the same meaning as in
section 4769.01 of the Revised Code. (iv)
"Hospital" has the same meaning as in section 3727.01
of
the Revised Code. (v)
"Long-term care facility" means a nursing home,
residential care facility, or home
for the aging,
as those terms
are defined in section 3721.01 of the Revised Code; an adult care
facility, as defined in section 3722.01
of the Revised Code; a
nursing facility or intermediate care facility for the mentally
retarded, as those terms are defined in section 5111.20 of the
Revised Code; a facility or portion of a facility certified as a
skilled nursing facility under Title XVIII of the
"Social
Security
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.
(vi)
"Pharmacy" has the same meaning as in section 4729.01
of
the Revised Code. (6) Divisions (B)(1), (2), (3), (4),
and (5) of this section
apply
to doctors of medicine, doctors of osteopathic medicine,
doctors
of podiatry, and dentists. (7) Nothing in divisions (B)(1) to (6)
of this section
affects, or shall be construed as affecting, the immunity from
civil liability conferred by section 307.628 or 2305.33 of the
Revised Code
upon physicians who report an employee's use of a
drug of abuse,
or a condition of an employee other than one
involving the use of
a drug of abuse, to the employer of the
employee in accordance
with division (B) of that section. As used
in division
(B)(7) of this section,
"employee,"
"employer," and
"physician" have the same meanings as
in section 2305.33 of the
Revised Code. (C)(1) A member of the clergy, rabbi, priest, or regularly
ordained,
accredited, or licensed minister of an established and
legally
cognizable church, denomination, or sect cleric, when the member
of
the clergy,
rabbi, priest, or minister cleric remains accountable to
the authority
of that cleric's church, denomination, or sect, concerning a
confession
made, or any information confidentially communicated,
to the
member of the clergy, rabbi, priest, or minister cleric for
a
religious counseling purpose in the
member of the clergy's,
rabbi's,
priest's, or minister's cleric's professional character;
however,
the member of the clergy, rabbi, priest, or
minister. The cleric
may testify
by
express consent of the person making the communication, except
when the disclosure of the information is in violation of a sacred
trust; and except that, if the person voluntarily testifies or is deemed by division (A)(2) of section 2151.421 of the Revised Code to have waived any testimonial privilege under this division, the cleric may be compelled to testify on the same subject except when disclosure of the information is in violation of a sacred trust. (2) As used in division (C) of this section:
(a) "Cleric" means a member of the clergy, rabbi, priest, or regularly ordained, accredited, or licensed minister of an established and legally cognizable church, denomination, or sect.
(b) "Sacred trust" means a confession or confidential communication made to a cleric in the cleric's ecclesiastical capacity in the course of discipline enjoined by the church to which the cleric belongs if both of the following apply:
(i) The confession or confidential communication was made directly to the cleric;
(ii) The confession or confidential communication was made in the manner and context that places the cleric specifically and strictly under a level of confidentiality that is considered inviolate by canon law or church doctrine. (D) Husband or wife, concerning any communication made by
one to the other, or an act done by either in the presence of the
other, during coverture, unless the communication was made, or
act
done, in the known presence or hearing of a third person
competent
to be a witness; and such rule is the same if the
marital relation
has ceased to exist; (E) A person who assigns a claim or interest, concerning
any
matter in respect to which the person would not, if a
party, be
permitted to testify; (F) A person who, if a party, would be restricted
under
section 2317.03 of the Revised Code, when the
property or thing is
sold or transferred by an executor,
administrator, guardian,
trustee, heir, devisee, or legatee,
shall be restricted in the
same manner in any action or
proceeding concerning the property or
thing. (G)(1) A school guidance counselor who holds a valid
educator license from the state board of education as
provided for
in section 3319.22 of the Revised Code, a person
licensed under
Chapter 4757. of the Revised Code
as a professional clinical
counselor, professional counselor,
social worker, independent
social worker, marriage and family therapist or independent marriage and family therapist, or registered under Chapter 4757. of the Revised
Code as a
social work assistant concerning a confidential
communication received from a
client in that relation or
the
person's advice to a client unless any of
the following applies: (a) The communication or advice indicates clear and
present
danger to the client or other persons. For the purposes
of this
division, cases in which there are indications of present
or past
child abuse or neglect of the client constitute a clear
and
present danger. (b) The client gives express consent to the testimony. (c) If the client is deceased, the surviving spouse or the
executor or administrator of the estate of the deceased client
gives express consent. (d) The client voluntarily testifies, in which case the
school guidance counselor or person licensed or registered under
Chapter 4757. of the Revised Code may
be compelled to testify on
the same subject. (e) The court in camera determines that the information
communicated by the client is not germane to the counselor-client, marriage and family therapist-client,
or social worker-client relationship. (f) A court, in an action brought against a school, its
administration, or any of its personnel by the client, rules
after
an in-camera inspection that the testimony of the school
guidance
counselor is relevant to that action. (g) The testimony is sought in a civil action and concerns
court-ordered treatment or services received by a patient as part
of a case
plan journalized under section 2151.412 of the Revised
Code or the court-ordered treatment or
services are necessary or
relevant to dependency, neglect, or abuse or
temporary or
permanent custody proceedings under
Chapter 2151.
of the
Revised
Code. (2) Nothing in division (G)(1) of this section shall
relieve
a
school guidance counselor or a person licensed or registered
under Chapter
4757. of the Revised Code
from the requirement to
report information concerning
child abuse or neglect under section
2151.421 of the Revised Code. (H) A mediator acting under a mediation order issued under
division (A) of section 3109.052 of the Revised Code or otherwise
issued in any proceeding for divorce, dissolution, legal
separation, annulment, or the allocation of parental rights and
responsibilities for the care of children, in any action or
proceeding, other than a criminal, delinquency, child abuse,
child
neglect, or dependent child action or proceeding, that is
brought
by or against either parent who takes part in mediation
in
accordance with the order and that pertains to the mediation
process, to any information discussed or presented in the
mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to the
awarding of parenting time rights in relation to their children; (I) A communications assistant, acting within the scope of
the communication assistant's authority, when providing
telecommunications relay service
pursuant to section 4931.35 of
the Revised Code or Title II of
the
"Communications Act of 1934,"
104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication
made through a telecommunications
relay service.
Nothing in this
section shall limit the obligation of a
communications assistant
to divulge information or testify when mandated by
federal law or
regulation or pursuant to subpoena in a criminal proceeding. Nothing in this section shall limit any immunity or
privilege
granted under federal law or regulation. (J)(1) A chiropractor in a civil proceeding concerning a
communication made to the chiropractor by a patient in that
relation or the
chiropractor's advice to a patient, except as
otherwise provided in this
division. The testimonial privilege
established under this division does not
apply, and a chiropractor
may testify or may be compelled
to testify, in any civil action,
in accordance with the discovery
provisions of the Rules of Civil
Procedure in
connection with a
civil action, or in connection with
a claim under Chapter 4123.
of the Revised Code, under any of the
following
circumstances: (a) If the patient or the guardian or other legal
representative of the patient gives express consent. (b) If the patient is deceased, the spouse of the patient
or
the executor or administrator of the patient's estate
gives
express consent. (c) If a medical claim, dental claim, chiropractic
claim, or
optometric claim, as defined in section 2305.113 of the
Revised
Code, an action for wrongful death, any other type
of
civil
action, or a claim under Chapter 4123. of the Revised
Code
is
filed by the patient, the personal representative of the
estate of
the patient if deceased, or the patient's guardian
or other legal
representative. (2) If the testimonial privilege described in division
(J)(1) of this section does not apply as provided in division
(J)(1)(c) of this section, a chiropractor may be
compelled to
testify or to submit to discovery under the Rules of
Civil
Procedure only as to a communication made to the
chiropractor by
the patient in question in that relation, or the
chiropractor's
advice to the
patient in question, that related causally or
historically to
physical or mental injuries that are relevant to
issues in the
medical claim, dental claim, chiropractic claim, or
optometric
claim, action for wrongful death, other civil action,
or claim
under Chapter 4123. of the Revised Code. (3) The testimonial privilege established under this
division does not
apply, and a chiropractor may testify or be
compelled to testify, in any
criminal action or administrative
proceeding. (4) As used in this division,
"communication" means
acquiring,
recording, or transmitting any information, in any
manner, concerning
any facts, opinions, or statements necessary to
enable a chiropractor to
diagnose, treat, or act for a
patient.
A
communication may
include, but is not limited to, any
chiropractic, office, or
hospital communication such as a record,
chart, letter,
memorandum, laboratory test and results, x-ray,
photograph,
financial statement, diagnosis, or prognosis.
Sec. 2901.13. (A)(1) Except as provided in
division (A)(2) or (3) of this section or as otherwise provided
in this
section, a prosecution shall be barred unless it is commenced
within the following periods after an offense is committed: (a) For a felony,
six years; (b) For a misdemeanor other than a minor misdemeanor, two
years; (c) For a minor misdemeanor, six months. (2) There is no period of limitation for the prosecution of
a violation of section 2903.01 or 2903.02 of the Revised Code. (3) Except as otherwise provided in divisions (B) to (H)
of this section, a prosecution of any of the following offenses shall be
barred unless
it is commenced within twenty years after the offense is committed: (a) A violation of section 2903.03, 2903.04, 2905.01, 2907.02,
2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2911.01, 2911.02, 2911.11,
2911.12, or
2917.02 of the Revised Code, a violation of
section 2903.11 or 2903.12 of the Revised Code if the victim is
a peace officer, a violation of section 2903.13 of the Revised Code that is a
felony, or a
violation of former section 2907.12 of the Revised Code; (b) A conspiracy to commit, attempt to commit, or complicity in
committing a violation set forth in division (A)(3)(a)
of this section. (B) If the period of limitation provided in division (A)(1)
or (3)
of this section has expired, prosecution shall be commenced for
an offense of which an element is fraud or breach of a fiduciary
duty, within one year after discovery of the offense either by an
aggrieved person, or by the aggrieved person's legal
representative who is not
a party to the offense. (C) If the period of limitation provided in division (A)(1)
or (3) of this section has expired, prosecution shall be
commenced for
an offense involving misconduct in office by a public servant as
defined in section 2921.01 of the Revised Code, at any time while
the accused remains a public servant, or within two years
thereafter. (D) An offense is committed when every element of the
offense occurs. In the case of an offense of which an element is
a continuing course of conduct, the period of limitation does not
begin to run until such course of conduct or the accused's
accountability for it terminates, whichever occurs first. (E) A prosecution is commenced on the date an indictment
is returned or an information filed, or on the date a lawful
arrest without a warrant is made, or on the date a warrant,
summons, citation, or other process is issued, whichever occurs
first. A prosecution is not commenced by the return of an
indictment or the filing of an information unless reasonable
diligence is exercised to issue and execute process on the same.
A prosecution is not commenced upon issuance of a warrant,
summons, citation, or other process, unless reasonable diligence
is exercised to execute the same. (F) The period of limitation shall not run during any time
when the corpus delicti remains undiscovered. (G) The period of limitation shall not run during any time
when the accused purposely avoids prosecution. Proof that the
accused departed this state or concealed
the accused's
identity or whereabouts is prima-facie evidence of the
accused's purpose to
avoid prosecution. (H) The period of limitation shall not run during any time
a prosecution against the accused based on the same conduct is
pending in this state, even though the indictment, information,
or process which commenced the prosecution is quashed or the
proceedings thereon are set aside or reversed on appeal. (I) The period of limitation for a violation of any provision of Title XXIX of the Revised Code that involves a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of a child under eighteen years of age or of a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age shall not run until either of the following occurs: (1) The victim of the offense reaches the age of majority. (2) A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has knowledge of or suspects that the abuse or neglect occurred. (J) As used in this section, "peace officer" has the same meaning
as in section 2935.01 of the Revised Code.
Section 2. That existing sections 2151.421, 2317.02, and 2901.13 of the Revised Code are hereby repealed. Section 3. Section 2317.02 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 374, Am. H.B. 533, and Am. Sub. S.B. 281, all of
the 124th 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.
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