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(127th General Assembly)
(Amended Substitute House Bill Number 104)
AN ACT
To amend sections 109.572, 2953.32, 4717.04,
4725.09,
4725.44, 4730.14, 4730.28, 4731.15,
4731.222,
4731.281, 4731.296, 4740.04, 4755.06,
4755.61,
4757.10, 4759.05, 4760.06, 4761.03,
4762.06, and
4779.08 and to enact sections
113.041, 4701.08, 4715.101, 4717.061,
4725.121,
4725.501, 4729.071,
4730.101, 4731.081,
4731.171, 4731.531, 4732.091,
4734.202, 4740.061,
4741.10, 4755.70, 4757.101,
4759.061, 4760.032,
4761.051, 4762.031, 4776.01,
4776.02, 4776.03,
4776.04, and 4779.091 of the
Revised Code to
require initial license applicants
and applicants
for restoration of licenses for
specified
licensed professions to obtain a
criminal
background check from the bureau of
criminal
investigation and identification, to
require the
appropriate licensing board to
consider the
results of those checks in
determining a person's
eligibility for licensure, and to
permit the
Treasurer of State to request the Bureau of
Criminal
Identification and Investigation to
conduct a criminal records
check of any
individual seeking or holding employment with the
Treasurer of State's office.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.572, 2953.32, 4717.04,
4725.09,
4725.44, 4730.14, 4730.28, 4731.15, 4731.222, 4731.281,
4731.296,
4740.04, 4755.06, 4755.61, 4757.10, 4759.05, 4760.06,
4761.03,
4762.06, and 4779.08 be amended and sections 113.041,
4701.08,
4715.101, 4717.061, 4725.121, 4725.501,
4729.071, 4730.101,
4731.081, 4731.171, 4731.531, 4732.091,
4734.202, 4740.061,
4741.10, 4755.70, 4757.101, 4759.061,
4760.032, 4761.051,
4762.031, 4776.01, 4776.02, 4776.03, 4776.04,
and 4779.091 of the
Revised Code be enacted to read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of mental retardation and
developmental disabilities, pursuant to section 5126.28 of the
Revised Code with respect to an applicant for employment in any
position with a county board of mental retardation and
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant
to division (C)(1) of this section, and a set
of fingerprint
impressions obtained in the manner described in
division (C)(2) of
this section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check. The superintendent shall conduct the
criminal records check
in the manner described in division (B) of
this
section to
determine whether any information
exists that
indicates that the
person who is the subject of the request
previously has been
convicted of, has pleaded guilty to, or has
been found eligible
for intervention in lieu of conviction for
any of
the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 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, 2913.48, 2913.49, 2913.51, 2917.11,
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 of
the Revised
Code, a completed form prescribed pursuant to
division (C)(1) of
this section, and a set of fingerprint
impressions obtained in the
manner described in division (C)(2)
of this section, the
superintendent of the bureau of criminal
identification and
investigation shall conduct a criminal records
check in the manner
described in division (B) of this section to
determine whether any
information exists that indicates that the
person who is the
subject of the request previously has been
convicted of or pleaded
guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 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 (A)(8)(a) of
this section.
(9) When conducting a criminal records check on a request
pursuant to section 5104.013 of the Revised Code for a person who
is an owner, licensee, or administrator of a child day-care center
or type A family day-care home, an authorized provider of a
certified type B family day-care home, or an adult residing in a
type A or certified type B home, or when conducting a criminal
records check or a request pursuant to section 5104.012 of the
Revised Code for a person who is an applicant for employment in a
center, type A home, or certified type B home, the superintendent,
in addition to the determination made under division (A)(1) of
this section, shall determine whether any information exists that
indicates that the person has been convicted of or pleaded guilty
to any of the following:
(a) A violation of section 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,
2921.13, or 2923.01 of the Revised Code, a violation of section
2923.02 or 2923.03 of the Revised Code that relates to a crime
specified in this division or division (A)(1)(a) of this section,
or a second violation of section 4511.19 of the Revised Code
within five years of the date of application for licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1322.03,
1322.031, or 4763.05 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set
of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check with respect to any person who has applied
for a license, permit, or certification from the department of
commerce or a division in the department. The superintendent shall
conduct the criminal records check in the manner described in
division (B) of this section to determine whether any information
exists that indicates that the person who is the subject of the
request previously has been convicted of or pleaded guilty to any
of the following: a violation of section 2913.02, 2913.11,
2913.31, 2913.51, or 2925.03 of the Revised Code; any other
criminal offense involving theft, receiving stolen property,
embezzlement, forgery, fraud, passing bad checks, money
laundering, or drug trafficking, or any criminal offense involving
money or securities, as set forth in Chapters 2909., 2911., 2913.,
2915., 2921., 2923., and 2925. of the Revised Code; or any
existing or former law of this state, any other state, or the
United States that is substantially equivalent to those offenses.
(13) On receipt of a request for a criminal records check
from the treasurer of state under section 113.041 of the Revised
Code or
from an individual under section 4701.08,
4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222,
4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061,
4741.10,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051,
4762.031, 4762.06, or 4779.091 of the Revised Code,
accompanied
by
a completed form prescribed under division (C)(1)
of this
section
and a set of fingerprint impressions obtained in
the
manner
described in division (C)(2) of this section, the
superintendent
of the bureau of criminal identification and
investigation shall
conduct a criminal records check in the
manner described in
division (B) of this section to determine
whether any information
exists that indicates that the person who
is the subject of the
request has been convicted of or pleaded
guilty to any criminal
offense in this state or any other state.
The superintendent shall
send the results of a check requested
under section 113.041 of the Revised Code to the treasurer of
state and shall send the results of a check requested under any of
the other listed sections to the licensing board specified by the
individual in the request.
(14) Not later than thirty days after the date the
superintendent receives the a request of a type described in
division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),
(11), or (12) of this section, the completed form, and
the
fingerprint impressions, the superintendent shall send the person,
board, or entity that made the request any information, other than
information the dissemination of which is prohibited by federal
law, the superintendent determines exists with respect to the
person who is the subject of the request that indicates that the
person previously has been convicted of or pleaded guilty to any
offense listed or described in division (A)(1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as
appropriate. The superintendent shall send the person, board, or
entity that made the request a copy of the list of offenses
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),
(9), (10), (11), or (12) of this section, as appropriate. If the
request was made under section 3701.881 of the Revised Code with
regard to an applicant who may be both responsible for the care,
custody, or control of a child and involved in providing direct
care to an older adult, the superintendent shall provide a list of
the offenses specified in divisions (A)(4) and (6) of this
section.
Not later than thirty days after the superintendent receives
a request for a criminal records check pursuant to section 113.041
of the Revised Code, the completed form, and the fingerprint
impressions, the superintendent shall send the treasurer of state
any information, other than information the dissemination of which
is prohibited by federal law, the superintendent determines exist
with respect to the person who is the subject of the request that
indicates that the person previously has been convicted of or
pleaded guilty to any criminal offense in this state or any other
state.
(B) The superintendent shall conduct any criminal records
check requested under section 113.041, 121.08, 173.27, 173.394,
1322.03,
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,
3712.09,
3721.121, 3722.151, 4701.08, 4715.101,
4717.061,
4725.121, 4725.501, 4729.071, 4730.101, 4730.14,
4730.28,
4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296,
4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03,
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013,
5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or
5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including any
relevant information contained in records that have been sealed
under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request and shall review or cause to be
reviewed any information the superintendent receives from that
bureau.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested under
section 113.041 of the Revised Code or required by
section
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,
3301.32,
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
4701.08, 4715.101, 4717.061, 4725.121, 4725.501,
4729.071,
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,
5104.012, 5104.013,
5111.032,
5111.033, 5111.034, 5123.081,
5126.28, 5126.281, or
5153.111 of
the Revised Code. The form
that the superintendent
prescribes
pursuant to this division may
be in a tangible format,
in an
electronic format, or in both
tangible and electronic
formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested under section 113.041
of the Revised Code or required by section 121.08,
173.27,
173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,
3319.39,
3701.881, 3712.09, 3721.121, 3722.151, 4701.08,
4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03, 4749.06,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033,
5111.034,
5123.081, 5126.28,
5126.281, or 5153.111 of the Revised
Code. Any
person for whom a
records check is requested under or required by any of
those
sections shall obtain the fingerprint impressions at a
county
sheriff's office, municipal police department, or any other
entity with the ability to make fingerprint impressions on the
standard impression sheets prescribed by the superintendent. The
office, department, or entity may charge the person a reasonable
fee for making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
113.041, 121.08,
173.27, 173.394, 1322.03, 1322.031, 2151.86,
3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121,
3722.151, 4701.08, 4715.101, 4717.061, 4725.121,
4725.501,
4729.071, 4730.101,
4730.14, 4730.28, 4731.081,
4731.15,
4731.171, 4731.222, 4731.281,
4731.296, 4731.531,
4732.091,
4734.202, 4740.061, 4741.10, 4749.03, 4749.06,
4755.70,
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,
5111.033,
5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of
the Revised
Code. The
person making a criminal records request
under section 113.041,
121.08,
173.27, 173.394, 1322.03,
1322.031, 2151.86, 3301.32,
3301.541,
3319.39, 3701.881,
3712.09, 3721.121, 3722.151,
4701.08, 4715.101,
4717.061,
4725.121,
4725.501,
4729.071, 4730.101, 4730.14,
4730.28,
4731.081, 4731.15,
4731.171, 4731.222, 4731.281,
4731.296,
4731.531, 4732.091,
4734.202, 4740.061, 4741.10,
4749.03,
4749.06,
4755.70,
4757.101, 4759.061, 4760.032,
4760.06,
4761.051, 4762.031,
4762.06, 4763.05, 4779.091,
5104.012,
5104.013, 5111.033,
5111.034,
5123.081,
5126.28,
5126.281, or
5153.111 of the Revised
Code
shall pay the
fee
prescribed
pursuant to this division. A
person
making a
request
under
section 3701.881 of the Revised Code
for
a criminal
records
check for an applicant who may be both
responsible for
the care,
custody, or control of a child and
involved in
providing direct
care to an older adult shall pay one
fee for the
request. In the
case of a request under section
5111.032 of the
Revised Code,
the fee shall be paid in the manner
specified in
that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic
method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or
(b),
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this
section, or that indicates that
a person previously has been
convicted of or pleaded guilty to any
criminal offense in this
state or any other state regarding a
criminal records check of a
type described in division (A)(13) of
this section, and
that is
made by the superintendent with respect to
information
considered in a criminal records check in accordance
with this
section is valid for the person who is the subject of
the
criminal
records check for a period of one year from the date
upon which
the superintendent makes the determination. During the
period in
which the determination in regard to a person is valid,
if another
request under this section is made for a criminal
records check
for that person, the superintendent shall provide
the information
that is the basis for the superintendent's
initial determination
at a lower fee than the fee prescribed for
the initial criminal
records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
Sec. 113.041. (A) The treasurer of state may require an
individual who applies for employment with, or is employed by, the
treasurer of state's office to undergo a criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with section
109.572 of the Revised Code. If, pursuant to this division, the
treasurer of state requires an individual to undergo a criminal
records check, the treasurer of state shall request the
superintendent to conduct a criminal records check with respect to
the individual in accordance with that section. In the request,
the treasurer of state may request that the superintendent obtain
information from the federal bureau of investigation about the
individual who is the subject of the check. The treasurer of state
also may request that the superintendent as part of the criminal
records check request criminal history records of the individual
from other states or the federal government pursuant to the
national crime prevention and privacy compact set forth in section
109.571 of the Revised Code.
(B) The treasurer of state shall provide to each individual
required pursuant to division (A) of this section to undergo a
criminal records check a copy of the form prescribed pursuant to
division (C)(1) of section 109.572 of the Revised Code and a
standard impression sheet to obtain fingerprint impressions
prescribed pursuant to division (C)(2) of section 109.572 of the
Revised Code, obtain the completed form and impression sheet from
the individual, and forward the completed form and impression
sheet to the superintendent of the bureau of criminal
identification and investigation at the time the criminal records
check is requested. Any individual subject to a criminal records
check pursuant to this section who receives pursuant to this
division 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 sheet with the impressions of the individual's
fingerprints.
(C)(1) The treasurer of state may deny employment to or
terminate the employment of an individual who is the subject of a
criminal records check conducted pursuant to a request made under
division (A) of this section if either of the following applies:
(a) The individual fails to do any of the following:
(i) Complete the form prescribed pursuant to division (C)(1)
of section 109.572 of the Revised Code;
(ii) Provide a set of the individual's fingerprint
impressions
on the standard impression sheet prescribed pursuant
to division
(C)(2) of section 109.572 of the Revised Code.
(b) The individual has been convicted of or pleaded guilty to
any
offense involving or relating to fraud, deceit, or theft.
(2) In determining whether to take any employment action, up
to and including termination, with respect to an individual who is
a current employee for the reason listed in division (C)(1)(b) of
this section, the treasurer of state shall afford the current
employee a due process review. In a review under this division,
the treasurer of state shall consider all of the following
factors:
(a) The current employee's age at the time of the offense;
(b) The nature and seriousness of the offense;
(c) The circumstances under which the offense was committed;
(d) The degree to which the current employee participated in
the offense;
(e) The time elapsed since the current employee was fully
discharged from imprisonment or probation for the offense, if the
person was sentenced to imprisonment or placed on probation for
it, or since the current employee was fully discharged from any
other sanction or penalty imposed for the offense;
(f) The likelihood that the circumstances leading to the
offense will recur;
(g) Whether the current employee is a repeat offender;
(h) The current employee's employment record with the
treasurer of state;
(i) The current employee's efforts at rehabilitation and the
results of those efforts;
(j) Whether at the time of the review, any criminal
proceedings are pending against the current employee;
(k) Whether the current employee has been convicted of or
pleaded guilty to any felony or misdemeanor offense set forth in
the Revised Code that is not listed in division (C)(1)(b) of this
section and that bears a direct and substantial relationship to
the duties and responsibilities of the position the current
employee holds in the office of the treasurer of state;
(l) Any other extenuating circumstances relating to the
current employee or the offense.
(3) If the treasurer of state conducts a review under
division (C)(2) of this section, the treasurer of state shall
prepare a written report of the review and shall provide a copy of
the written report to the current employee who is the subject of
the review.
(D) The treasurer of state 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 a request pursuant to division (A) of this section.
The treasurer of state may charge the individual subject to the
criminal records check a fee for the costs the treasurer of state
incurs in obtaining the criminal records check. A fee charged
under this division shall not exceed the amount of fees the
treasurer of state pays for the criminal records check. If a fee
is charged under this division, the treasurer of state shall
notify the individual who is the subject of the criminal records
check of the fee and that the individual is required to pay the
fee.
(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 (A) 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 individual who is
the subject of the criminal records check or the individual's
representative; the treasurer of state or the treasurer of state's
representative; and any court, hearing officer, or other necessary
individual involved in a case dealing with the denial or
termination of employment.
(F) Nothing in this section precludes, or shall be construed
as precluding, any of the following:
(1) Any public official other than the treasurer of state
from conducting or having conducted a criminal records check of
any individual, in any manner authorized under law;
(2) The treasurer of state from conducting or having
conducted a criminal records check other than in accordance with
this section, in any manner otherwise authorized under law.
(G) As used in this section:
(1) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(2) "Public official" has the same meaning as in section
2921.01 of the Revised Code.
Sec. 2953.32. (A)(1) Except as provided in section
2953.61
of the Revised Code, a first offender may apply to the
sentencing
court if convicted in this state, or to a court of
common pleas if
convicted in another state or in a federal court,
for the sealing
of the conviction record. Application
may be made at the
expiration of three years after the offender's final discharge if
convicted of a felony, or at the expiration of one year after the
offender's
final discharge if convicted of a misdemeanor.
(2) Any person who has been arrested for any misdemeanor
offense and who has effected a bail forfeiture may apply to the
court in which the misdemeanor criminal case was pending when
bail
was forfeited for the sealing of the record of the
case. Except
as
provided in section 2953.61 of the Revised Code, the
application
may be filed at any time after the expiration of one
year from the
date on which the bail forfeiture was entered upon
the minutes of
the court or the journal, whichever entry occurs
first.
(B) Upon the filing of an application under this section,
the
court shall set a date for a hearing and shall notify the
prosecutor for the case of the hearing on the application. The
prosecutor may object to the granting of the application by
filing
an objection with the court prior to the date set for the
hearing.
The prosecutor shall specify in the objection the
reasons for
believing a denial of the application is
justified.
The court
shall direct its regular probation officer, a state
probation
officer, or the department of probation of the county
in which the
applicant resides to make inquiries and written
reports as the
court requires concerning the applicant.
(C)(1) The court shall do each of the following:
(a) Determine whether the applicant is a first offender or
whether the forfeiture of bail was agreed to by the applicant and
the prosecutor in the case. If the applicant applies as a
first
offender pursuant to division (A)(1) of this section and has
two
or three convictions that result from the same indictment,
information, or
complaint, from the same plea of guilty, or from
the same official proceeding,
and result from related criminal
acts that were committed within a three-month
period but do not
result from the same act or from offenses committed at the
same
time, in making its determination under this division, the court
initially shall determine whether it is not in the public interest
for the two
or three convictions to be counted as one conviction.
If the court determines
that it is not in the public interest for
the two or three convictions to be
counted as one conviction, the
court shall determine that the applicant is not
a first offender;
if the court does not make that determination, the court
shall
determine that the offender is a first offender.
(b) Determine whether criminal proceedings are pending
against the applicant;
(c) If the applicant is a first offender who applies
pursuant
to division (A)(1) of this section, determine whether
the
applicant has been rehabilitated to the satisfaction of the
court;
(d) If the prosecutor has filed an objection in accordance
with division (B) of this section, consider the reasons against
granting the application specified by the prosecutor in the
objection;
(e) Weigh the interests of the applicant in having the
records pertaining to the applicant's conviction sealed against
the
legitimate needs, if any, of the government to maintain those
records.
(2) If the court determines, after complying with division
(C)(1) of this section, that the applicant is a first offender or
the subject of a bail forfeiture, that no criminal proceeding is
pending against the applicant, and that the interests of the
applicant in
having the records pertaining to the applicant's
conviction or bail
forfeiture sealed are not outweighed by any
legitimate
governmental needs to maintain those records, and that
the
rehabilitation of an applicant who is a first offender
applying
pursuant to division (A)(1) of this section has been
attained to
the satisfaction of the court, the court, except as
provided in
division (G) of this section, shall order all official
records
pertaining to the case sealed and, except as provided in
division
(F) of this section, all index references to the case
deleted
and, in the case of bail forfeitures, shall dismiss the
charges
in the case. The proceedings in the case shall be
considered not
to have occurred and the conviction or bail
forfeiture of the
person who is the subject of the proceedings
shall be sealed,
except that upon conviction of a subsequent
offense, the sealed
record of prior conviction or bail forfeiture
may be considered
by the court in determining the sentence or
other appropriate
disposition, including the relief provided for
in sections
2953.31 to 2953.33 of the Revised Code.
(3) Upon the filing of an application under this section,
the
applicant, unless indigent, shall pay a fee of
fifty
dollars.
The
court shall pay thirty dollars of the fee into the
state
treasury.
It shall pay twenty dollars of the fee into the
county
general
revenue fund if the sealed conviction or bail
forfeiture
was
pursuant to a state statute, or into the general
revenue fund
of
the municipal corporation involved if the sealed
conviction or
bail forfeiture was pursuant to a municipal
ordinance.
(D) Inspection of the sealed records included in the order
may be made only by the following persons or for the following
purposes:
(1) By a law enforcement officer or prosecutor, or
the
assistants of either,
to determine whether the nature and
character of
the offense with which a person is to be charged
would be
affected by virtue of the person's previously having been
convicted of a crime;
(2) By the parole or probation officer of the person who
is
the subject of the records, for the exclusive use of the
officer
in supervising the person while on parole or
under a
community
control sanction or a post-release control sanction, and
in making
inquiries and written reports as
requested by the court
or adult
parole authority;
(3) Upon application by the person who is the subject of
the
records, by the persons named in the application;
(4) By a law enforcement officer who was involved in the
case, for use in the officer's defense of a civil action arising
out of the officer's involvement in that case;
(5) By a prosecuting attorney or the prosecuting attorney's
assistants,
to determine a defendant's eligibility to enter a
pre-trial
diversion program established pursuant to section
2935.36 of the
Revised Code;
(6) By any law enforcement agency or any authorized
employee
of a law enforcement agency or by the department of
rehabilitation
and correction as part of a background
investigation of a person
who applies for employment with the
agency as a law enforcement
officer or with the department as a
corrections officer;
(7) By any law enforcement agency or any authorized
employee
of a law enforcement agency, for the purposes set forth
in, and in
the manner provided in, section 2953.321 of the
Revised Code;
(8) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of providing information to a board or person pursuant to
division (F) or (G) of section 109.57 of the Revised Code;
(9) By the bureau of criminal identification and
investigation or any
authorized employee of the bureau for the
purpose of performing a criminal
history
records check on a person
to whom a
certificate as prescribed in section 109.77 of the
Revised Code is to be awarded;
(10) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of conducting a criminal records check of an individual
pursuant to division (B) of section 109.572 of the Revised
Code;
(11) By the bureau of criminal identification and
investigation, an authorized employee of the bureau, a sheriff, or
an authorized employee of a sheriff in connection with a criminal
records check described in section 311.41 of the Revised Code;
(11)(12) By the attorney general or an authorized employee of
the
attorney general or a court for purposes of determining a
person's
classification pursuant to Chapter 2950. of the Revised
Code.
When the nature and character of the offense with which a
person is to be charged would be affected by the information, it
may be used for the purpose of charging the person with an
offense.
(E) In any criminal proceeding, proof of any otherwise
admissible prior conviction may be introduced and proved,
notwithstanding the fact that for any such prior conviction an
order of sealing previously was issued pursuant to sections
2953.31 to 2953.36 of the Revised Code.
(F) The person or governmental agency, office, or
department
that maintains sealed records pertaining to
convictions or bail
forfeitures that have been sealed pursuant to
this section may
maintain a manual or computerized index to the
sealed records.
The
index shall contain only the name of, and
alphanumeric
identifiers
that relate to, the persons who are the
subject of the
sealed
records, the word "sealed," and the name of
the person,
agency,
office, or department that has custody of the
sealed
records, and
shall not contain the name of the crime
committed.
The index shall
be made available by the person who
has custody of
the sealed
records only for the purposes set forth
in divisions
(C), (D), and
(E) of this section.
(G) Notwithstanding any provision of this section or
section
2953.33 of the Revised Code that requires otherwise, a
board of
education of a city, local, exempted village, or joint
vocational
school district that maintains records of an
individual who has
been permanently excluded under sections
3301.121 and 3313.662 of
the Revised Code is permitted to
maintain records regarding a
conviction that was used as the
basis for the individual's
permanent exclusion, regardless of a
court order to seal the
record. An order issued under this
section to seal the record of
a
conviction does not revoke the
adjudication order of the
superintendent of public instruction to
permanently exclude the
individual who is the subject of the
sealing order. An order
issued under this section to seal the
record of a conviction of an
individual may be presented to a
district superintendent as
evidence to support the contention
that the superintendent should
recommend that the permanent
exclusion of the individual who is
the subject of the sealing
order be revoked. Except as otherwise
authorized by this
division and sections 3301.121 and 3313.662 of
the Revised Code,
any school employee in possession of or having
access to the
sealed conviction records of an individual that were
the basis of
a permanent exclusion of the individual is subject to
section
2953.35 of the Revised Code.
Sec. 4701.08. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
accountancy board shall not grant a license to an applicant for an
initial license unless the applicant complies with sections
4776.01 to 4776.04 of the Revised Code and the board, in its
discretion, decides that the results of the criminal records check
do not make the applicant ineligible for a license issued pursuant
to section 4701.06, 4701.061, 4701.07, 4701.09, or 4701.10 of the
Revised Code.
Sec. 4715.101. (A) As used in this section:
(1) "License" has the same meaning as in division (A)(2) of
section 4776.01 of the Revised Code.
(2) "Applicant for an initial license" has the same meaning
as in division (D) of section 4776.01 of the Revised Code.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license
issued pursuant to section 4715.12, 4715.16, 4715.21, or 4715.27
of the Revised Code shall
comply with sections 4776.01 to 4776.04
of the Revised Code. The
state dental board shall not grant a
license to an applicant for
an initial license issued pursuant to
section 4715.12, 4715.16, 4715.21, or 4715.27 of the Revised Code
unless the applicant complies with sections
4776.01 to 4776.04 of
the Revised Code and the board, in its
discretion, decides that
the results of the criminal records check
do not make the
applicant ineligible for a license issued pursuant
to section
4715.12, 4715.16, 4715.21, or 4715.27 of the Revised
Code.
Sec. 4717.04. (A) The board of embalmers and
funeral
directors shall adopt rules in accordance with
Chapter 119. of the
Revised Code for the
government, transaction of the business, and
the management of the
affairs of the board of embalmers and
funeral directors and the crematory
review board, and for the
administration and enforcement of this chapter.
These rules shall
include all of the following:
(1) The nature, scope, content, and form of the
application
that must be completed and license examination that
must be passed
in order to receive an embalmer's license or a
funeral director's
license under section 4717.05 of the
Revised Code. The rules shall
ensure both of the
following:
(a) That the embalmer's license examination
tests the
applicant's knowledge through at least a comprehensive
section and
an Ohio laws section;
(b) That the funeral director's license examination
tests the
applicant's knowledge through at least a
comprehensive section, an
Ohio laws section, and a
sanitation section.
(2) The minimum license examination score necessary to
be
licensed under section 4717.05 of the Revised
Code as an embalmer
or as a funeral director;
(3) Procedures for determining the dates of the
embalmer's
and funeral director's license examinations, which
shall be
administered at least once each year, the time and place
of each
examination, and the supervision required for each
examination;
(4) Procedures for determining whether the board shall
accept
an applicant's compliance with the licensure,
registration, or
certification requirements of another state as
grounds for
granting the applicant a license under this chapter;
(5) A determination of whether completion of a
nationally
recognized embalmer's or funeral director's
examination
sufficiently meets the license requirements for the
comprehensive
section of either the embalmer's or the funeral
director's license
examination administered under this chapter;
(6) Continuing education requirements for licensed
embalmers
and funeral directors;
(7) Requirements for the licensing and operation of
funeral
homes;
(8) Requirements for the licensing and operation of
embalming
facilities;
(9) A schedule that lists, and specifies a forfeiture
commensurate with, each
of the following types of conduct which,
for the purposes
of division (A)(9) of this
section and section
4717.15 of the
Revised
Code, are violations of this
chapter:
(a) Obtaining a license under this
chapter by fraud or
misrepresentation either in the application
or in passing the
required examination for the license;
(b) Purposely violating any provision
of sections 4717.01 to
4717.15 of the Revised Code
or a rule adopted under any of those
sections; division (A) or (B) of section 4717.23;
division (B)(1)
or (2), (C)(1) or (2), (D),
(E), or (F)(1) or (2), or divisions
(H) to
(K) of section 4717.26; division (D)(1) of section 4717.27;
or divisions (A) to (C) of section 4717.28 of the Revised Code;
(c) Committing unprofessional
conduct;
(d) Knowingly permitting an
unlicensed person, other than a
person serving an
apprenticeship, to engage in the profession or
business of
embalming or funeral directing under the licensee's
supervision;
(e) Refusing to promptly submit the
custody of a dead human
body upon the express order of the
person legally entitled to the
body;
(f) Transferring a license to operate
a funeral home,
embalming facility, or crematory facility from one owner
or
operator to another, or from one location to another, without
notifying the board;
(g) Misleading the public using false
or deceptive
advertising.
Each instance of the commission of any of the types of
conduct described in divisions
(A)(9)(a),
(b), (c), (d), (e), (f),
and (g) of this section is a separate
violation. The rules adopted
under division
(A)(9) of this section shall
establish the amount
of the forfeiture for a violation of each of
those divisions. The
forfeiture for a first violation shall not
exceed five thousand
dollars, and the forfeiture for a second or
subsequent violation
shall not exceed ten thousand dollars. The
amount of the
forfeiture may differ among the types of
violations according to
what the board considers the
seriousness of each violation.
(10) Requirements for the licensing and operation of
crematory facilities;
(11) Procedures for the issuance of duplicate licenses;
(12) Requirements for criminal records checks of applicants
under section 4776.03 of the Revised Code.
(B) The board may adopt rules governing the
educational
standards for licensure as an embalmer or funeral
director and the
standards of service and practice to be followed
in embalming and
funeral directing and in the operation of
funeral homes, embalming
facilities, and crematory facilities in
this state.
(C) Nothing in this chapter authorizes the board of embalmers
and
funeral directors to regulate cemeteries, except that the
board shall license
and regulate crematories located at cemeteries
in accordance with this
chapter.
Sec. 4717.061. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
board of embalmers and funeral directors shall not grant a license
to an applicant for an initial license unless the applicant
complies with sections 4776.01 to 4776.04 of the Revised Code and
the board, in its discretion, decides that the results of the
criminal records check do not make the applicant ineligible for a
license issued pursuant to section 4717.05, 4717.06, or 4717.10 of
the Revised Code.
Sec. 4725.09. (A) The state board of optometry shall
adopt
rules as it considers necessary to govern the practice of
optometry and to administer and enforce sections 4725.01 to
4725.34 of the Revised Code. All rules adopted
under those
sections
4725.01 to 4725.34 of the Revised
Code shall be adopted
in
accordance with Chapter
119. of the Revised Code.
(B) The board, in consultation with the state board of
pharmacy, shall adopt rules specifying oral dosages of drugs or
dangerous drugs that are therapeutic pharmaceutical agents under
division (C)(3) of section 4725.01 of the Revised
Code.
(C) The board shall adopt rules that establish standards to
be
met and procedures to be followed with respect to the
delegation
by an optometrist of the performance of an optometric
task to a
person who is not licensed or otherwise specifically
authorized by
the Revised Code to perform the task. The rules
shall
permit an
optometrist who holds a topical ocular
pharmaceutical agents certificate or
therapeutic pharmaceutical
agents certificate to
delegate the administration of drugs
included in the optometrist's
scope of practice.
The rules adopted under this division shall provide for all
of the
following:
(1) On-site supervision when the delegation occurs in an
institution or
other facility that is used primarily for the
purpose of providing health
care, unless the board established a
specific exception to the on-site
supervision requirement with
respect to routine administration of a topical
drug;
(2) Evaluation of whether delegation is appropriate
according
to the
acuity of the patient involved;
(3) Training and competency requirements that must be met by
the person
administering the drugs;
(4) Other standards and procedures the board considers
relevant.
(D) The state board of optometry shall adopt rules
establishing criminal records checks requirements for applicants
under section 4776.03 of the Revised Code.
Sec. 4725.121. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
state board of optometry shall not grant a license to an applicant
for an initial license unless the applicant complies with sections
4776.01 to 4776.04 of the Revised Code and the board, in its
discretion, decides that the results of the criminal records check
do not make the applicant ineligible for a license issued pursuant
to section 4725.13 or 4725.18 of the Revised Code.
Sec. 4725.44. (A) The Ohio optical dispensers board shall
be
responsible for
the administration of sections 4725.40 to
4725.59
of the Revised Code and, in
particular, shall process
applications
for licensure as licensed dispensing
opticians and ocularists;
schedule, administer, and supervise the qualifying examinations
for
licensure
or contract with a testing service to schedule,
administer, and supervise the qualifying examination for
licensure; issue licenses to qualified individuals; revoke and
suspend
licenses; and maintain adequate records with respect to
its operations and
responsibilities.
(B) The board shall adopt, amend, or rescind rules, pursuant
to Chapter 119.
of the Revised Code, for the licensure of
dispensing opticians and ocularists, and such other
rules as are
required by or
necessary to carry out the responsibilities imposed
by sections
4725.40 to 4725.59 of the Revised Code, including
rules establishing criminal records check requirements under
section 4776.03 of the Revised Code.
(C) The board shall have no authority to adopt rules
governing the employment
of dispensing opticians, the location or
number of optical stores, advertising
of optical products or
services, or the manner in which such optical products can be
displayed.
Sec. 4725.501. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
Ohio optical dispensers board shall not grant a license to an
applicant for an initial license unless the applicant complies
with sections 4776.01 to 4776.04 of the Revised Code and the
board, in its discretion, decides that the results of the criminal
records check do not make the applicant ineligible for a license
issued pursuant to section 4725.50 or 4725.57 of the Revised Code.
Sec. 4729.071. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
state board of pharmacy shall not grant a license to an applicant
for an initial license unless the applicant complies with sections
4776.01 to 4776.04 of the Revised Code and the board, in its
discretion, decides that the results of the criminal records check
do not make the applicant ineligible for a license issued pursuant
to section 4729.08, 4729.09, or 4729.11 of the Revised Code.
Sec. 4730.101. In addition to any other eligibility
requirement set forth in this chapter, each applicant for a
certificate to practice as a physician assistant shall comply with
sections 4776.01 to 4776.04 of the Revised Code. The state medical
board shall not grant to an applicant a certificate to practice as
a physician assistant unless the board, in its discretion, decides
that the results of the criminal records check do not make the
applicant ineligible for a certificate issued pursuant to section
4730.12 of the Revised Code.
Sec. 4730.14. (A) A certificate to practice as a physician
assistant shall expire biennially and may be renewed in accordance
with this section. A person seeking to renew a certificate to
practice as
a physician assistant shall, on or before the
thirty-first day of January
of each even-numbered year, apply for
renewal of the certificate.
The state medical board shall send
renewal notices at least one month prior to the
expiration date.
Applications shall be submitted to the board on forms the
board shall
prescribe and furnish. Each application shall be
accompanied by a biennial
renewal fee of one hundred dollars. The
board shall deposit the fees in accordance
with section 4731.24 of
the Revised Code.
The applicant shall report any criminal offense that
constitutes grounds
for refusing to issue a certificate to
practice under
section 4730.25 of the Revised Code to which the
applicant has pleaded
guilty, of
which the applicant has been
found guilty, or for which the applicant
has been found eligible
for
intervention in lieu of conviction, since last
signing an
application for a
certificate to practice as a
physician
assistant.
(B) To be eligible for renewal, a physician
assistant shall
certify to the board both of the following:
(1) That the physician assistant has maintained certification
by the
national commission on certification of physician
assistants or a successor
organization that is recognized by the
board by meeting the
standards to hold current certification from
the
commission or its successor, including completion of
continuing medical education requirements and passing periodic
recertification
examinations;
(2) Except as provided in division (F)
of this section and
section 5903.12 of the Revised Code, that the physician assistant
has completed
during the
current certification period not less
than one hundred hours of
continuing medical education acceptable
to the board.
(C) The board shall adopt
rules in accordance with Chapter
119. of the Revised Code specifying the types of
continuing
medical education that must be
completed to fulfill the board's
requirements under division (B)(2) of this section. Except when
additional continuing medical education is required to renew a
certificate to prescribe, as specified in section 4730.49 of the
Revised Code, the board shall not adopt
rules
that require a
physician assistant to complete in any certification period more
than one hundred hours of continuing medical education acceptable
to the
board. In fulfilling the board's requirements, a physician
assistant may use
continuing medical education courses or programs
completed to maintain
certification by the national commission on
certification of physician
assistants or a successor organization
that is recognized by the board
if the standards for acceptable
courses and programs of
the commission or its successor are at
least equivalent to the standards
established by the board.
(D) If an applicant submits a complete renewal application
and
qualifies for
renewal pursuant to division (B) of this
section, the board
shall issue to the applicant a renewed
certificate to practice as a physician assistant.
(E) The board may require a
random sample of physician
assistants to submit materials
documenting certification by the
national commission on
certification of physician assistants or a
successor organization that is
recognized by the board and
completion of the
required number of hours of continuing medical
education.
(F) The board shall provide for pro rata
reductions by month
of the number of hours of continuing
education that must be
completed for individuals who are in their
first certification
period, who have been disabled due to illness
or accident, or who
have been absent from the country. The board
shall adopt rules,
in
accordance with Chapter 119. of the
Revised Code, as necessary to
implement this division.
(G)(1) A certificate to practice that is not renewed on or
before its expiration date is automatically
suspended on
its
expiration date. Continued practice after suspension of the
certificate shall be considered as practicing in violation of
division (A) of section 4730.02 of the Revised Code.
(2) If a certificate has been suspended pursuant to division
(G)(1) of this section for two years or less, it may be
reinstated. The
board shall reinstate a
certificate suspended for
failure to renew upon an applicant's
submission of a renewal
application, the
biennial renewal
fee, and any applicable monetary
penalty, and
certification by signature of the applicant that the
applicant has completed the number
of hours of continuing
education necessary to have a certificate
reinstated, as
specified
in rules the board shall adopt in accordance with Chapter
119. of
the Revised Code.
If a certificate has been suspended pursuant to division
(G)(1) of this division for more than two years, it may be
restored. In accordance with section 4730.28 of the Revised Code,
the board may restore a certificate suspended for failure to renew
upon an applicant's submission of a restoration application, the
biennial renewal fee, and any applicable monetary penalty and
compliance with sections 4776.01 to 4776.04 of the Revised Code.
The board shall not restore to an applicant a certificate to
practice as a physician assistant unless the board, in its
discretion, decides that the results of the criminal records check
do not make the applicant ineligible for a certificate issued
pursuant to section 4730.12 of the Revised Code.
The penalty for reinstatement shall be
fifty dollars and the
penalty for restoration shall be one hundred
dollars. The board
shall deposit penalties in accordance with
section 4731.24 of the
Revised Code.
(H) If an individual certifies that the individual
has
completed the number of hours and type of continuing medical
education required for renewal or reinstatement of a certificate
to practice as a physician assistant, and the board finds
through
a random sample conducted under division (E) of
this section or
through any other means that the individual did
not complete the
requisite continuing medical education, the
board may impose a
civil penalty of not more than five thousand
dollars. The board's
finding shall be made pursuant to an
adjudication under Chapter
119. of the Revised
Code and by an affirmative vote of not fewer
than six
members.
A civil penalty imposed under this division may be in
addition to or in lieu of any other action the board may take
under section 4730.25 of the Revised Code. The
board shall deposit
civil penalties in accordance with section
4731.24 of the Revised
Code.
Sec. 4730.28. (A) An individual whose certificate to practice
as a physician assistant has been suspended or is in an
inactive
state for any cause for more than two years may apply to the state
medical board to have the
certificate restored.
(B)(1) Before restoring The board shall not restore a
certificate under this section, the unless the applicant complies
with sections 4776.01 to 4776.04 of the Revised Code. The board
shall determine the applicant's present fitness to resume
practice. The board shall
consider the moral background and the
activities of the applicant
during the period of suspension or
inactivity.
(2) When restoring a certificate, the
board may impose terms
and conditions, including the following:
(a) Requiring the applicant to obtain
additional training and
pass an examination upon completion of
the training;
(b) Restricting or limiting the extent, scope,
or type of
practice as a physician assistant that the individual may resume.
Sec. 4731.081. In addition to any other eligibility
requirement set forth in this chapter, each applicant for a
certificate to practice medicine and surgery or osteopathic
medicine and surgery shall comply with sections 4776.01 to 4776.04
of the Revised Code. The state medical board shall not grant to an
applicant a certificate to practice medicine and surgery or
osteopathic medicine and surgery unless the board, in its
discretion, decides that the results of the criminal records check
do not make the applicant ineligible for a certificate issued
pursuant to section 4731.14 of the Revised Code.
Sec. 4731.15. (A)(1) The state medical board also shall
regulate the following limited branches of
medicine: massage
therapy and cosmetic
therapy,
and to the extent specified in
section 4731.151 of the Revised Code, naprapathy and
mechanotherapy. The
board shall adopt
rules governing the limited
branches of medicine under its jurisdiction. The
rules shall be
adopted in accordance with Chapter 119. of the Revised Code.
(2) As used in this chapter, "cosmetic therapy" means the
permanent removal
of hair from the human body through the use of
electric
modalities
approved by the board for use in cosmetic
therapy, and
additionally may include the systematic
friction,
stroking, slapping, and kneading or tapping of the
face, neck,
scalp, or shoulders.
(B) All persons who hold a certificate to practice a
limited
branch of medicine issued by the state medical
board, whether
residents of this state or not, shall on or before
the first day
of June of each odd-numbered year,
register with the state
medical
board on a form prescribed by the board and shall pay at
such time
a biennial registration fee of fifty
dollars. At
least one month
in advance of the date of registration, a written
notice that the
biennial registration fee is due on or before the
first day of
June shall be sent to each holder of a certificate
to practice a
limited branch of medicine, at the
person's last known address.
All persons who hold a certificate
to practice a limited branch of
medicine issued by the
state medical board shall provide the board
written notice of any
change of address.
A certificate to practice a limited branch of
medicine shall
be automatically suspended if the fee
is not paid by the first day
of September of the year it is due.
Continued practice after the
suspension of
the certificate to
practice shall be considered as
practicing in
violation of sections 4731.34 and 4731.41 of the
Revised Code.
Subject to section 4731.222 of the
Revised Code, if
a certificate to practice has been suspended pursuant to this
division for two years or less, the board shall reinstate a
certificate to
practice
suspended for failure to register
on upon
an applicant's submission of a renewal application and payment of
the biennial registration
fee and the applicable monetary penalty.
With regard to
reinstatement of a certificate to practice cosmetic
therapy, the
applicant also shall submit with the application a
certification
that the number of hours of continuing education
necessary to
have a suspended certificate reinstated have been
completed, as
specified in rules the board shall adopt in
accordance with
Chapter 119. of the Revised Code. The
penalty for
reinstatement shall be twenty-five dollars
if the. If a
certificate has been suspended for two years or less
and fifty
dollars if the certificate has been suspended pursuant to this
division for more
than two years, it may be restored upon an
applicant's submission of a restoration application, the biennial
registration fee, and the applicable monetary penalty and
compliance with sections 4776.01 to 4776.04 of the Revised Code.
The board shall not restore to an applicant a certificate to
practice unless the board, in its discretion, decides that the
results of the criminal records check do not make the applicant
ineligible for a certificate issued pursuant to section 4731.18 of
the Revised Code. The penalty for restoration is fifty dollars.
Sec. 4731.171. In addition to any other eligibility
requirement set forth in this chapter, each applicant for a
certificate to practice massage therapy or cosmetic therapy shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
state medical board shall not grant to an applicant a certificate
to practice massage therapy or cosmetic therapy unless the board,
in its discretion, decides that the results of the criminal
records check do not make the applicant ineligible for a
certificate issued pursuant to section 4731.18 of the Revised
Code.
Sec. 4731.222. Before restoring to good standing a
certificate issued under this chapter that has been in a
suspended
or inactive state for any cause for more than two
years, or before
issuing a certificate pursuant to section
4731.18, 4731.29,
4731.295, 4731.57, or 4731.571 of the
Revised Code to an applicant
who for more than two years has not been
engaged in the practice
of medicine,
osteopathic medicine, podiatric medicine and
surgery,
or a limited branch of
medicine as an active
practitioner, as a
participant in a
program of graduate medical
education, as defined
in section
4731.091 of the Revised Code, as
a student in a college
of podiatry
determined by the board to be
in good standing, or as
a student in a
school, college, or
institution giving instruction
in a limited branch of
medicine
determined by the board to be in
good standing under section
4731.19
of the Revised Code, the
state
medical board may require
the applicant to pass an oral or
written
examination, or both, to
determine the applicant's
present fitness
to resume practice.
The authority of the board to impose terms and conditions
includes the following:
(A) Requiring the applicant to obtain additional training
and
to pass an examination upon completion of such training;
(B) Restricting or limiting the extent, scope, or type of
practice of the applicant.
The board shall consider the moral background and the
activities of the applicant during the period of suspension or
inactivity, in accordance with section 4731.08 of the Revised
Code. The board shall not restore a certificate under this section
unless the applicant complies with sections 4776.01 to 4776.04 of
the Revised Code.
Sec. 4731.281. (A) On or before the deadline established
under division
(B) of this section for applying for renewal
of a
certificate of registration, each person
holding a certificate
under this chapter to practice medicine and
surgery, osteopathic
medicine and surgery, or podiatric
medicine and surgery shall
certify to the state medical board that in the preceding two years
the person
has completed one
hundred hours of continuing medical
education. The
certification shall be made upon the application
for biennial
registration submitted pursuant to division
(B) of
this section. The board shall adopt rules providing for pro rata
reductions by
month of the number of hours of continuing education
required
for persons who are in their first registration period,
who have a
registration period of less than two years due to
initial implementation of
the staggered renewal schedule
established under division (B) of this
section, who have
been
disabled due to illness or accident, or who have been
absent from
the country.
In determining whether a course, program, or activity
qualifies for credit as continuing medical education, the board
shall approve all continuing medical education taken
by persons
holding a certificate to practice medicine and surgery
that is
certified by the Ohio state medical association,
all continuing
medical education taken by
persons holding a certificate to
practice osteopathic medicine
and surgery that is certified by the
Ohio osteopathic
association, and all continuing medical
education
taken by persons holding a certificate to practice
podiatry that
is certified by the Ohio podiatric medical
association. Each
person holding a certificate
to practice under this chapter
shall
be given sufficient choice of continuing education programs
to
ensure that the person has had a reasonable opportunity to
participate
in continuing education programs that are relevant to
the person's
medical
practice in terms of subject matter and
level.
The board may
require a random sample of persons holding a
certificate to
practice under this chapter to submit materials
documenting
completion of the continuing medical education
requirement during
the preceding registration period, but this
provision shall not
limit the board's authority to investigate
pursuant to section
4731.22 of the Revised Code.
(B)(1) Every person holding a certificate under this chapter
to
practice medicine and surgery, osteopathic medicine and
surgery,
or podiatric medicine and surgery wishing to renew that
certificate shall
apply to the board for a certificate of
registration upon an application furnished by the board, and pay
to the
board at the time of application a fee of three
hundred
five dollars, according to the following
schedule:
(a) Persons whose last name begins with the letters "A"
through
"B," on or before April 1, 2001, and the first day of
April of
every odd-numbered year thereafter;
(b) Persons whose last name begins with the letters "C"
through
"D," on or before January 1, 2001, and the first day of
January
of every odd-numbered year thereafter;
(c) Persons whose last name begins with the
letters "E"
through "G," on or before October 1,
2000, and the first
day of
October of every
even-numbered year thereafter;
(d) Persons whose last name begins
with the letters "H"
through
"K," on or before July 1, 2000, and the first day
of July
of every even-numbered year thereafter;
(e) Persons whose last name begins with the
letters "L"
through
"M," on or before April 1, 2000, and the first
day of
April of every even-numbered year thereafter;
(f) Persons whose last name begins with the
letters "N"
through
"R," on or before
January 1, 2000, and the first
day of
January of every
even-numbered year thereafter;
(g) Persons whose last name begins
with the letters letter
"S," on
or before October 1, 1999, and the
first day of October of
every
odd-numbered year thereafter;
(h) Persons whose last name begins
with the letters "T"
through "Z," on or before
July 1, 1999, and the first day of July
of every
odd-numbered year thereafter.
The board shall deposit the
fee in accordance with section
4731.24 of
the Revised Code, except that the
board shall deposit
twenty dollars of the fee into the state
treasury
to the credit of
the physician loan repayment fund
created by
section 3702.78 of
the Revised Code.
(2) The board shall mail or cause to be mailed to every
person
registered to practice medicine and surgery, osteopathic
medicine
and surgery, or podiatric medicine and surgery, an
application for registration
addressed to the person's last known
post-office address or
may cause the application to be sent to
the
person through the
secretary of any recognized medical,
osteopathic, or podiatric
society, according to the following
schedule:
(a) To persons whose last name begins with the letters "A"
through "B," on or before January 1, 2001, and the first
day of
January of every odd-numbered year thereafter;
(b) To persons whose last name begins with the
letters "C"
through "D," on or before
October 1, 2000, and the first day of
October of every
even-numbered year thereafter;
(c) To persons whose last name begins with the
letters "E"
through
"G," on or before
July 1, 2000, and the first day
of July
of every even-numbered
year thereafter;
(d) To persons whose last name begins
with the letters "H"
through
"K," on or before
April 1, 2000, and the first
day of
April of every
even-numbered year thereafter;
(e) To persons whose last name begins with the
letters "L"
through
"M," on or before
January 1, 2000, and the first
day of
January of every
even-numbered year thereafter;
(f) To persons whose last name begins with the
letters "N"
through
"R," on or before
October 1, 1999, and the first
day of
October of every
odd-numbered year thereafter;
(g) To persons whose last name begins
with the letters letter
"S,"
on or
before July 1, 1999, and the
first day of July of every
odd-numbered year thereafter;
(h) To persons whose last name begins
with the letters "T"
through
"Z," on or before
April 1, 1999, and the first
day of
April of every
odd-numbered year thereafter;.
Failure of any person to receive an application from
the
board shall not excuse the person from the requirements
contained
in
this section. The application shall contain proper spaces for
the
applicant's signature and the insertion of the required
information, including a statement that the person has
fulfilled
the
continuing education requirements imposed by this section.
The applicant shall write or cause to be written upon the
application so furnished the applicant's full name,
principal
practice
address and residence address, the number of the
applicant's
certificate to
practice, and any other facts for the
identification of the
applicant as a person holding a certificate
to practice under
this chapter as the board considers necessary.
The
applicant shall include with the application a list of the
names and addresses
of any clinical nurse specialists, certified
nurse-midwives, or certified
nurse practitioners with whom the
applicant is currently collaborating,
as defined in section
4723.01 of the Revised Code.
The applicant shall
execute
and
deliver the application to the board by mail or in
person. Every
person
registered under this section shall give written notice to
the
board of any change of principal practice address or residence
address or in the list within thirty days of the change.
The applicant shall report any criminal offense that
constitutes grounds for refusal of registration under section
4731.22 of the Revised Code to which the applicant has pleaded
guilty, of which the applicant has been
found guilty, or
for which
the applicant has been found eligible for
intervention
in lieu of
conviction, since last
signing an application for
a certificate of
registration.
(C) The board shall issue to any person holding a
certificate
under this chapter to practice medicine and surgery,
osteopathic
medicine and surgery, or podiatric medicine and
surgery, upon
application and
qualification therefor in accordance
with this
section, a
certificate of registration under the seal of
the
board. A
certificate of registration shall be valid for a
two-year
period,
commencing on
the first day of the third month
after the
registration fee
is due and expiring on the last day of
the month
two years
thereafter.
The board shall publish
and
cause to be mailed to each person
registered under this section,
upon request, a printed list of the
persons so registered.
(D) Failure of any certificate holder to register and comply
with this section shall operate automatically to suspend the
holder's
certificate to practice. Continued
practice after the
suspension of the certificate to practice shall be considered as
practicing in violation of section 4731.41,
4731.43, or 4731.60 of
the Revised Code.
If the
certificate has been suspended
pursuant
to this division for two years or
less, it may be
reinstated. The
board shall reinstate a certificate to practice
for failure to
register upon an applicant's submission of a renewal application,
the
biennial registration fee, and the
applicable monetary
penalty, and
certification by signature of the
applicant that the
applicant has
completed the requisite
continuing medical
education. The penalty
for reinstatement shall be
fifty dollars.
If the certificate has
been suspended pursuant to this division
for more
than two years,
it may be restored. In accordance with
section 4731.222 of the
Revised Code,
the board may restore a
certificate to practice for
failure to register upon
an
applicant's submission of a
restoration application, the biennial
registration
fee, and the
applicable monetary penalty and
compliance with sections 4776.01 to 4776.04 of the Revised Code.
The board shall not restore to an applicant a certificate to
practice unless the board, in its discretion, decides that the
results of the criminal records check do not make the applicant
ineligible for a certificate issued pursuant to section 4731.14,
4731.56, or 4731.57 of the Revised Code. The penalty for
restoration shall
be
one hundred dollars. The board shall deposit
the penalties in
accordance with section 4731.24 of the Revised
Code.
(E) If an individual certifies completion of the number of
hours
and
type of continuing medical education required to receive
a
certificate of registration or reinstatement of a certificate to
practice, and the board finds through the random samples it
conducts under this section or through any other means that the
individual did not complete the requisite continuing medical
education, the board may impose a civil penalty of not more than
five thousand dollars. The board's finding shall be made
pursuant
to an adjudication under Chapter 119. of the
Revised Code and by
an affirmative vote of not
fewer than six members.
A civil penalty imposed under this division may be in
addition to or in lieu of any other action the board may take
under section 4731.22 of the Revised Code. The
board shall
deposit
civil penalties in accordance with section
4731.24 of the
Revised
Code.
(F) The state medical board may obtain information not
protected by statutory or common law privilege from courts and
other sources concerning malpractice claims against any person
holding a certificate to practice under this chapter or
practicing
as provided in section 4731.36 of the Revised Code.
(G) Each mailing sent by the board under division (B)(2) of
this section to a person registered to practice medicine and
surgery or osteopathic medicine and surgery shall inform the
applicant of the reporting requirement established by division (H)
of section 3701.79 of the Revised Code. At the discretion of the
board, the information may be included on the application or on an
accompanying page.
Sec. 4731.296. (A) For the purposes of this section, "the
practice of telemedicine" means the practice of medicine in this
state through
the use of any communication, including oral,
written, or electronic
communication, by a physician located
outside this state.
(B) A person who wishes to practice telemedicine in this
state
shall file an application with the state medical board,
together with a fee in
the amount of the fee described in division
(D) of section 4731.29
of the Revised Code, and shall comply with
sections 4776.01 to 4776.04 of the Revised Code. If the board, in
its discretion, decides that the results of the criminal records
check do not make the person ineligible for a telemedicine
certificate, the board may issue,
without examination, a
telemedicine certificate to
a person who
meets all of the
following requirements:
(1) The person holds a current, unrestricted license to
practice medicine
and surgery or osteopathic medicine and surgery
issued by another state that
requires license holders to complete
at least fifty hours of continuing
medical education every two
years.
(2) The person's principal place of practice is in that
state.
(3) The person does not hold a certificate issued under this
chapter
authorizing the practice of medicine and surgery or
osteopathic medicine and
surgery in this state.
(4) The person meets the same age, moral character, and
educational
requirements individuals must meet under sections
4731.08, 4731.09, 4731.091,
and 4731.14 of the Revised Code and,
if applicable, demonstrates proficiency in spoken
English in
accordance with division (E) of section 4731.29
of the Revised
Code.
(C) The holder of a telemedicine certificate may engage in
the
practice of telemedicine in this state. A person holding a
telemedicine
certificate shall not practice medicine in person in
this state without
obtaining a special activity certificate under
section 4731.294 of the Revised Code.
(D) The board may revoke a certificate issued under this
section
or take other disciplinary action against a certificate
holder pursuant to
section 4731.22 of the Revised Code on
receiving proof satisfactory to the board that the
certificate
holder has
engaged in practice in this state outside the scope of
the certificate or that
there are grounds for action against the
holder under section 4731.22 of the Revised Code.
(E) A telemedicine certificate shall be valid for a period
specified by the board, and the initial renewal shall be in
accordance with a
schedule established by the board. Thereafter,
the certificate shall be valid
for two years. A certificate may
be
renewed on application of the holder.
To be eligible for renewal, the holder of the certificate
shall do both of
the following:
(1) Pay a fee in the amount of the fee described in division
(B)(1) of section 4731.281 of the Revised Code;
(2) Certify to the board compliance with the continuing
medical education
requirements of the state in which the holder's
principal place of practice is
located.
The board may require a random sample of persons holding a
telemedicine
certificate to submit materials documenting
completion of the continuing
medical education requirements
described in this division.
(F) The board shall convert a telemedicine certificate to a
certificate issued under section 4731.29 of the Revised Code on
receipt of a written request
from the certificate holder. Once
the
telemedicine certificate is converted,
the holder is subject
to
all requirements and privileges attendant to a
certificate
issued
under section 4731.29 of the Revised Code, including
continuing
medical
education requirements.
Sec. 4731.531. In addition to any other eligibility
requirement set forth in this chapter, each applicant for a
certificate to practice podiatric medicine and surgery shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
state medical board shall not grant to an applicant a certificate
to practice podiatric medicine and surgery unless the board, in
its discretion, decides that the results of the criminal records
check do not make the applicant ineligible for a certificate
issued pursuant to section 4731.56 or 4731.57 of the Revised Code.
Sec. 4732.091. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
state board of psychology shall not grant a license to an
applicant for an initial license unless the applicant complies
with sections 4776.01 to 4776.04 of the Revised Code and the
board, in its discretion, decides that the results of the criminal
records check do not make the applicant ineligible for a license
issued pursuant to section 4732.14 of the Revised Code.
Sec. 4734.202. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
state chiropractic board shall not grant a license to an applicant
for an initial license unless the applicant complies with sections
4776.01 to 4776.04 of the Revised Code and the board, in its
discretion, decides that the results of the criminal records check
do not make the applicant ineligible for a license issued pursuant
to section 4734.20, 4734.23, or 4734.27 of the Revised Code.
Sec. 4740.04. The administrative section of the Ohio
construction industry licensing board is responsible for the
administration of this chapter and shall do all of the following:
(A) Schedule the contractor examinations
each of the other
sections of the board directs.
Each type of examination shall be
held
at least four times per year.
(B) Select and contract with one or more persons to do all
of
the following relative to the examinations:
(1) Prepare, administer, score, and maintain the
confidentiality of the examinations;
(2) Be responsible for all the expenses required to
fulfill
division (B)(1) of this
section;
(3) Charge an applicant a fee in an amount
the
administrative section of the board authorizes for administering
the
examination;
(4) Design the examination for each type of contractor to
determine an applicant's competence to perform that type of
contracting.
(C) Issue and renew
licenses as follows:
(1) Issue a license to any individual who the appropriate
section of the board determines is qualified pursuant to section
4740.06 of the Revised Code to hold a license and has attained a
score on the examination that the appropriate section authorizes
for the licensed trade.
(a) Each license shall include a license number and an
expiration date.
(b) Each license issued to an individual who holds more than
one valid license shall contain the same license number and
expiration date as the original license issued to that individual.
(2) Renew licenses for individuals who meet the renewal
requirements of section 4740.06 of the Revised Code.
(D) Make an annual written report to the director of
commerce
on proceedings had by or before the board
for the
previous year
and make an annual statement of all money
received
and expended by
the board during the year;
(E) Keep a record containing the name, address, the date
on
which the board issues or renews a
license
to, and the license
number of, every
heating,
ventilating, and air conditioning
contractor, refrigeration
contractor, electrical contractor,
plumbing contractor, and
hydronics contractor issued a license
pursuant
to this chapter;
(F) Regulate a contractor's use and display of a license
issued pursuant to this chapter and of any information contained
in that license;
(G) Adopt rules in accordance with
Chapter 119. of the
Revised
Code as necessary to properly
discharge the administrative
section's duties under this
chapter. The rules shall include, but
not be limited to, the following:
(1) Application procedures for examinations;
(2) Specifications for continuing education requirements for
license renewal that address all of the following:
(a) A requirement that an individual who holds any number of
valid and unexpired licenses accrue a total of ten hours of
continuing education courses per year;
(b) Fees the board charges to persons who provide continuing
education courses, in an amount of twenty-five dollars annually
for each person approved to provide courses, not more than ten
dollars plus one dollar per credit hour for each course offered,
and one dollar per credit hour of instruction per attendee;
(c) A provision limiting approval of continuing education
courses to one year.
(3) Requirements for criminal records checks of applicants
under section 4776.03 of the Revised Code.
(H) Adopt any continuing education curriculum as the other
sections of the board establish or approve pursuant to division
(C) of section 4740.05 of the Revised Code;
(I)
Keep a record of its proceedings and do all things
necessary to carry out this chapter.
Sec. 4740.061. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
Ohio construction industry licensing board shall not grant a
license to an applicant for an initial license unless the
applicant complies with sections 4776.01 to 4776.04 of the Revised
Code and the board, in its discretion, decides that the results of
the criminal records check do not make the applicant ineligible
for a license issued pursuant to section 4740.04 or 4740.08 of the
Revised Code.
Sec. 4741.10. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
state veterinary medical licensing board shall not grant a license
to an applicant for an initial license unless the applicant
complies with sections 4776.01 to 4776.04 of the Revised Code and
the board, in its discretion, decides that the results of the
criminal records check do not make the applicant ineligible for a
license issued pursuant to section 4741.11, 4741.12, 4741.13, or
4741.14 of the Revised Code.
Sec. 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, the following:
(A) The form and manner for filing applications for
licensure
under sections 4755.04 to 4755.13 of the Revised Code;
(B) The issuance, suspension, and revocation of such
the
licenses, and the conducting of investigations and hearings;
(C) Standards for approval of courses of study relative to
the practice of
occupational therapy;
(D) The time and form of examination for such the licensure;
(E) Standards of ethical conduct in the practice of
occupational therapy;
(F) The form and manner for filing applications for renewal
and a schedule of deadlines for
renewal;
(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;
(K) Requirements for criminal records checks of applicants
under section 4776.03 of the Revised Code.
The section may hear testimony in matters relating to the
duties imposed upon it, and the chairperson and
secretary of the
section may administer oaths. The section may require proof,
beyond the evidence found in the application, of the honesty,
truthfulness, and good reputation of any person named in an
application for such licensure, before admitting the applicant to
an examination or issuing a license.
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 and rules that prescribe
requirements for criminal records checks of applicants under
section 4776.03 of the Revised Code;
(2) Establish and deposit fees in accordance with division
(B) of this
section and section 4755.03 of the Revised Code;
(3) Conduct hearings, keep records of its proceedings, and
do
all things necessary and proper to administer and enforce
sections
4755.60 to 4755.65 of the Revised Code;
(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 under it;
(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 section shall make this list available to any person
upon
request and payment of a fee not to exceed the actual cost
of
printing and mailing.
(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 director of the board,
investigate complaints and make inspections and other
inquiries
as
in the judgment of the section are appropriate to
enforce
sections
3123.41 to 3123.50 and this chapter of the
Revised
Code. The
section
may review and audit the records of any
licensee during
normal
business hours at the licensee's place of
business or at
any
other place where the licensee's records are
kept.
Notwithstanding section 149.43 of the Revised Code, the
athletic
trainers section and its employees, except pursuant to a
court
order, shall maintain in confidence all information
obtained.
(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 considers useful in determining
competency to
practice
athletic training.
(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
determines;
(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 specifying the scope and nature of the
continuing education courses that are acceptable to the athletic
trainers section and the number of courses that must be completed
to comply with the requirement for
renewal of a license under
section 4755.63 of the Revised Code.
(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
pursuant to division (A)(2) of this section shall be
established
and adjusted as required to provide sufficient
revenues to meet
the expenses of the section in administering
sections 4755.60 to
4755.66 of the Revised Code. The fees shall
include the following:
(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 may, by rule,
provide for the
waiver of all or part of a license fee if the
license is issued
less than one hundred days before its
expiration
date.
(C) All rules under sections 4755.60 to 4755.65 of the
Revised Code shall be adopted by the athletic trainers section in
accordance with Chapter 119. of the Revised Code.
Sec. 4755.70. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
occupational therapy section, the physical therapy section, and
the athletic trainers section of the Ohio occupational therapy,
physical therapy, and athletic trainers board shall not grant a
license to an applicant for an initial license unless the
applicant complies with sections 4776.01 to 4776.04 of the Revised
Code and the board, in its discretion, decides that the results of
the criminal records check do not make the applicant ineligible
for a license issued pursuant to section 4755.07, 4755.09,
4755.44, 4755.441, 4755.45, 4755.451, or 4755.62 of the Revised
Code.
Sec. 4757.10. The counselor, social worker,
and
marriage
and
family therapist board may
adopt any rules necessary to carry
out
this chapter.
The board shall adopt
rules
that do all of the
following:
(A) Concern
intervention for and treatment of any impaired
person holding
a
license or certificate of registration issued
under this chapter;
(B) Establish standards for training and experience of
supervisors described in division (C) of section 4757.30 of the
Revised Code;
(C) Define the requirement that an applicant be of good
moral
character in order to be licensed or registered under this
chapter;
(D) Establish requirements for criminal records checks of
applicants under section 4776.03 of the Revised Code.
All rules
adopted under this section shall be adopted in
accordance with Chapter 119. of
the Revised Code. When it adopts
rules under this section or any other
section of this chapter, the
board may consider
standards established by any national
association or other organization
representing the interests of
those involved in professional counseling,
social work,
or
marriage and family therapy.
Sec. 4757.101. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
counselor, social worker, and marriage and family therapist board
shall not grant a license to an applicant for an initial license
unless the applicant complies with sections 4776.01 to 4776.04 of
the Revised Code and the board, in its discretion, decides that
the results of the criminal records check do not make the
applicant ineligible for a license issued pursuant to section
4757.22, 4757.23, 4757.27, 4757.28, 4757.29, 4757.30, or 4757.301
of the Revised Code.
Sec. 4759.05. The Ohio board of dietetics shall:
(A) Adopt, amend, or rescind rules pursuant to Chapter
119.
of the Revised Code to carry out the provisions of this
chapter,
including rules governing the following:
(1) Selection and approval of a dietitian licensure
examination offered by the commission on dietetic registration or
any other examination;
(2) The examination of applicants for licensure as a
dietitian, to be held at least twice annually, as required under
division (A) of section 4759.06 of the Revised Code;
(3) Requirements for pre-professional dietetic experience
of
applicants for licensure as a dietitian that are at least
equivalent to the requirements adopted by the commission on
dietetic registration;
(4) Requirements for a person holding a limited permit
under
division (F) of section 4759.06 of the Revised Code,
including the
duration of validity of a limited permit;
(5) Requirements for a licensed dietitian who places
a
license in inactive status under division (G) of section 4759.06
of
the Revised Code, including a procedure for changing inactive
status to active
status;
(6) Continuing education requirements for renewal of a
license, except that the board may adopt rules to waive the
requirements for a person who is unable to meet the requirements
due to illness or other reasons. Rules adopted under this
division
shall be consistent with the continuing education
requirements
adopted by the commission on dietetic registration.
(7) Any additional education requirements the board
considers
necessary, for applicants who have not practiced
dietetics within
five years of the initial date of application
for licensure;
(8) Standards of professional responsibility and practice
for
persons licensed under this chapter that are consistent with
those
standards of professional responsibility and practice
adopted by
the American dietetic association;
(9) Formulation of a written application form for
licensure
or license renewal that includes the statement that any
applicant
who knowingly makes a false statement on the
application is guilty
of a misdemeanor of the first degree under
section 2921.13 of the
Revised Code;
(10) Procedures for license renewal;
(11) Establishing a time period after the notification of
a
violation of section 4759.02 of the Revised Code, by which the
person notified must request a hearing by the board under section
4759.09 of the Revised Code;
(12) Requirements for criminal records checks of applicants
under section 4776.03 of the Revised Code.
(B) Investigate alleged violations of section sections
4759.02 to
4759.10 of the Revised Code. In making its
investigations, the
board may issue subpoenas, examine witnesses,
and administer
oaths.
(C) Adopt a seal;
(D) Conduct meetings and keep records as are necessary to
carry out the provisions of this chapter;
(E) Publish, and make available to the public, upon
request
and for a fee not to exceed the actual cost of printing
and
mailing, the board's rules and requirements for licensure
adopted
under division (A) of this section and a record of all
persons
licensed under section 4759.06 of the Revised Code.
Sec. 4759.061. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
Ohio board of dietetics shall not grant a license to an applicant
for an initial license unless the applicant complies with sections
4776.01 to 4776.04 of the Revised Code and the board, in its
discretion, decides that the results of the criminal records check
do not make the applicant ineligible for a license issued pursuant
to section 4759.06 of the Revised Code.
Sec. 4760.032. In addition to any other eligibility
requirement set forth in this chapter, each applicant for a
certificate of registration as an anesthesiologist assistant shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
state medical board shall not grant to an applicant a certificate
of registration as an anesthesiologist assistant unless the board,
in its discretion, decides that the results of the criminal
records check do not make the applicant ineligible for a
certificate issued pursuant to section 4760.04 of the Revised
Code.
Sec. 4760.06. (A) A person seeking to renew a certificate of
registration as an anesthesiologist assistant shall, on or before
the
thirty-first day of
January
of each even-numbered year, apply
for renewal of the certificate.
The state medical board shall
send
renewal notices at least one month prior to the
expiration
date.
Applications shall be submitted to the board on forms the
board shall
prescribe and supply. Each application shall be
accompanied by a biennial
renewal fee of one hundred dollars.
The applicant shall report any criminal offense that
constitutes grounds
for refusing to issue a certificate of
registration under
section 4760.13 of the Revised Code to which
the applicant has pleaded
guilty, of
which the applicant has been
found guilty, or for which the applicant
has been found eligible
for
intervention in lieu of conviction, since last
signing an
application for a
certificate of registration as an
anesthesiologist assistant.
(B) To be eligible for renewal, an anesthesiologist assistant
must certify to
the board that the assistant has maintained
certification by the national
commission for the certification of
anesthesiologist assistants.
(C) If an applicant submits a complete renewal application
and
qualifies for
renewal pursuant to division (B) of this
section, the board
shall issue to the applicant a renewed
certificate of
registration as an anesthesiologist assistant.
(D) A certificate of registration that is not renewed on or
before its expiration date is automatically
suspended on
its
expiration date. The If a certificate has been suspended pursuant
to this division for two years or less, the
board shall reinstate
a the
certificate suspended for failure to renew on upon an
applicant's
submission of a renewal application, the biennial
renewal fee, and the applicable monetary penalty.
The penalty for
reinstatement is twenty-five dollars if the. If a certificate
has
been suspended for two years or less and
fifty dollars if the
certificate has been suspended pursuant to this division for more
than
two years, it may be restored upon an applicant's submission
of a restoration application, the biennial registration fee, and
the applicable monetary penalty and compliance with sections
4776.01 to 4776.04 of the Revised Code. The board shall not
restore a certificate to practice unless the board, in its
discretion, decides that the results of the criminal records check
do not make the applicant ineligible for a certificate issued
pursuant to section 4760.04 of the Revised Code. The penalty for
restoration is fifty dollars.
Sec. 4761.03. The Ohio respiratory care board shall
regulate
the practice of respiratory care in this state and the persons to
whom the board issues licenses and limited permits under this
chapter
and shall
license and register home medical equipment
services providers under Chapter
4752. of the Revised Code under
this
chapter.
Rules adopted under
this chapter that deal with the
provision of
respiratory care in a
hospital, other than rules
regulating the
issuance of licenses or
limited permits, shall be
consistent with the
conditions for
participation under medicare,
Title XVIII of the
"Social Security
Act," 79 Stat. 286
(1965), 42
U.S.C.A. 1395, as amended,
and with
the respiratory care
accreditation standards of the
joint
commission on accreditation
of healthcare
organizations or
the
American osteopathic
association.
The board shall:
(A) Adopt, and may rescind or amend, rules in accordance
with
Chapter 119. of the Revised Code to carry out the purposes
of
this
chapter, including rules prescribing:
(1) The form and manner for filing applications for
licensure
and renewal, limited permits, and limited permit
extensions under
sections 4761.05 and 4761.06 of the
Revised Code;
(2) The form, scoring, and scheduling of examinations and
reexaminations for licensure and license renewal;
(3) Standards for the approval of educational programs
required to qualify for licensure and continuing education
programs required for license renewal;
(4) Continuing education courses and the number
of hour
requirements necessary for license renewal, in accordance with
section 4761.06 of the Revised Code;
(5) Procedures for the issuance and renewal of licenses
and
limited permits, including the duties that may be fulfilled by the
board's executive director and other board employees;
(6) Procedures for the denial, suspension, permanent
revocation,
refusal to renew, and reinstatement of licenses and
limited permits,
the
conduct of hearings, and the imposition of
fines for engaging in
conduct that is grounds for such action and
hearings under
section 4761.09 of the Revised Code;
(7) Standards of ethical conduct for the practice of
respiratory care;
(8) Conditions under which the license renewal fee and
continuing education requirements may be waived at the request of
a licensee who is not in active practice;
(9) The respiratory care tasks that may be performed by an
individual practicing as a polysomnographic technologist pursuant
to division
(B)(3) of section 4761.10 of the Revised Code;
(10) Procedures for registering out-of-state respiratory
care
providers authorized to practice in this state under division
(A)(4) of section 4761.11 of the
Revised Code;
(11) Requirements for criminal records checks of applicants
under section 4776.03 of the Revised Code.
(B) Determine the sufficiency of an applicant's
qualifications for admission to the licensing examination or a
reexamination, and for the issuance or renewal of a license or
limited permit;
(C) Determine the respiratory care educational programs
that
are acceptable for fulfilling the requirements of division
(A) of
section 4761.04 of the Revised Code;
(D) Schedule, administer, and score the licensing
examination
or any reexamination for license renewal or
reinstatement. The
board shall administer the licensing
examinations
at
least twice a
year and notify applicants of the
time and place of the
examinations.
(E) Investigate complaints concerning alleged violations
of
section 4761.10 of the Revised Code or grounds for the
suspension,
permanent revocation, or refusal to issue licenses or
limited
permits under section 3123.47 or 4761.09 of
the Revised Code.
The
board
shall employ investigators who shall, under the
direction of
the
executive director of the board, investigate
complaints and
make
inspections and other inquiries as, in the
judgment of the
board,
are appropriate to enforce sections
3123.41 to
3123.50,
4761.09, and 4761.10 of the
Revised Code.
Pursuant to an
investigation and inspection,
the investigators may
review and
audit records
during normal business hours at the place
of
business
of a licensee or person who is the subject of a
complaint
filed with the board
or at any place where the
records
are kept.
Except when required by court order, the board and its
employees shall
not disclose
confidential information obtained
during an investigation or identifying
information about any
person
who files a complaint with the board.
The board may hear testimony in matters relating to the
duties imposed upon it and issue subpoenas
pursuant to an
investigation. The president and
secretary of the board may
administer oaths.
(F) Conduct hearings, keep records of its proceedings, and
do
all such other things as are necessary and proper to carry out
and
enforce the provisions of this chapter;
(G) Maintain, publish, and make available upon request,
for
a
fee not to exceed the actual cost of printing and mailing:
(1) The requirements for the issuance of licenses and
limited
permits under this chapter and rules adopted by the board;
(2) A current register of every person licensed to
practice
respiratory care in this state, to include the addresses
of the
person's last known place of business and residence, the
effective
date and identification number of the license, the name
and
location of the institution that granted the person's degree
or
certificate of completion of respiratory care educational
requirements, and the date the degree or certificate was issued;
(3) A list of the names and locations of the institutions
that each year granted degrees or certificates of completion in
respiratory care;
(4) After the administration of each examination, a list
of
persons who passed the examination.
(H) Submit to the governor and to the general assembly
each
year a report of all of its official actions during the
preceding
year, together with any findings and recommendations
with regard
to the improvement of the profession of respiratory
care;
(I) Administer and enforce Chapter 4752. of the Revised
Code.
Sec. 4761.051. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
Ohio respiratory care board shall not grant a license to an
applicant for an initial license unless the applicant complies
with sections 4776.01 to 4776.04 of the Revised Code and the
board, in its discretion, decides that the results of the criminal
records check do not make the applicant ineligible for a license
issued pursuant to section 4761.05 of the Revised Code.
Sec. 4762.031. In addition to any other eligibility
requirement set forth in this chapter, each applicant for a
certificate of registration as an acupuncturist shall comply with
sections 4776.01 to 4776.04 of the Revised Code. The state medical
board shall not grant to an applicant a certificate of
registration as an acupuncturist unless the board, in its
discretion, decides that the results of the criminal records check
do not make the applicant ineligible for a certificate issued
pursuant to section 4762.04 of the Revised Code.
Sec. 4762.06. (A) A person seeking to renew a certificate of
registration as an acupuncturist shall, on or before the
thirty-first day of
January
of each even-numbered year, apply for
renewal of the certificate.
The state medical board shall send
renewal notices at least one month prior to the
expiration date.
Applications shall be submitted to the board on forms the
board shall
prescribe and supply. Each application shall be
accompanied by a biennial
renewal fee of one hundred dollars.
The applicant shall report any criminal offense that
constitutes grounds
for refusing to issue a certificate of
registration under
section 4762.13 of the Revised Code to which
the applicant has pleaded
guilty, of
which the applicant has been
found guilty, or for which the applicant
has been found eligible
for
intervention in lieu of conviction, since last
signing an
application for a
certificate of registration as an acupuncturist.
(B) To be eligible for renewal, an acupuncturist must certify
to
the board that the acupuncturist has maintained the
acupuncturist's
designation as a diplomate
in acupuncture by the
national
certification commission for acupuncture and oriental
medicine.
(C) If an applicant submits a complete renewal application
and
qualifies for
renewal pursuant to division (B) of this
section, the board
shall issue to the applicant a renewed
certificate of
registration as an acupuncturist.
(D) A certificate of registration that is not renewed on or
before its expiration date is automatically
suspended on
its
expiration date. The If a certificate has been suspended pursuant
to this division for two years or less, the
board shall reinstate
a the
certificate suspended for failure to renew upon an
applicant's
submission of a renewal application, the biennial
renewal fee, and the applicable monetary penalty.
The penalty for
reinstatement is twenty-five dollars if the. If a certificate
has
been suspended for two years or less and
fifty dollars if the
certificate has been suspended pursuant to this division for more
than
two years, it may be restored upon an applicant's submission
of a restoration application, the biennial registration fee, and
the applicable monetary penalty and compliance with sections
4776.01 to 4776.04 of the Revised Code. The board shall not
restore a certificate to practice unless the board, in its
discretion, decides that the results of the criminal records check
do not make the applicant ineligible for a certificate issued
pursuant to section 4762.04 of the Revised Code. The penalty for
restoration is fifty dollars.
Sec. 4776.01. As used in this chapter:
(A) "License" means any of the following:
(1) An authorization evidenced by a license,
certificate,
registration, permit, card, or other authority that
is issued or
conferred by a licensing agency described in division (C)(1) of
this section to a licensee or to
an applicant for an initial
license by which the licensee or
initial license applicant has or
claims the privilege to engage in
a profession, occupation, or
occupational activity, or to have
control of and operate certain
specific equipment, machinery, or
premises, over which the
licensing agency has jurisdiction.
(2) An authorization evidenced by a license or certificate
that is issued by a licensing agency described in division (C)(2)
of this section pursuant to section 4715.12, 4715.16, 4715.21, or
4715.27 of the Revised Code to a licensee or to an applicant for
an initial license by which the licensee or initial license
applicant has or claims the privilege to engage in a profession,
occupation, or occupational activity over which the licensing
agency has jurisdiction.
(B) "Licensee" means the person to whom the license is issued
by a licensing agency.
(C) "Licensing agency" means any of the following:
(1) The board authorized by Chapters
4701., 4717.,
4725.,
4729., 4730., 4731., 4732.,
4734., 4740., 4741., 4755.,
4757.,
4759., 4760., 4761., 4762., and
4779. of the Revised Code
to
issue a license to engage in a
specific profession,
occupation,
or occupational activity, or to
have charge of and
operate
certain specified equipment, machinery,
or premises.
(2) The state dental board, relative to its authority to
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or
4715.27 of the Revised Code.
(D) "Applicant for an initial license" includes persons
seeking a license for the first time and persons seeking a license
by reciprocity, endorsement, or similar manner of a license issued
in another state.
(E) "Applicant for a restored license" includes persons
seeking restoration of a certificate under section 4730.14,
4731.281, 4760.06, or 4762.06 of the Revised Code.
(F) "Criminal records check" has the same meaning as in
division (E) of section 109.572 of the Revised Code.
Sec. 4776.02. (A) An applicant for an initial license or
restored license from a licensing agency shall submit a request to
the bureau of criminal identification and investigation for a
criminal records check of the applicant. The request shall be
accompanied by a completed copy of the form prescribed under
division (C)(1) of section 109.572 of the Revised Code, a set of
fingerprint impressions obtained as described in division (C)(2)
of that section, and the fee prescribed under division (C)(3) of
that section. The applicant shall ask the superintendent of the
bureau of criminal identification and investigation in the request
to obtain from the federal bureau of investigation any information
it has pertaining to the applicant.
An applicant requesting a criminal records check shall
provide the bureau of criminal identification and investigation
with the applicant's name and address and with the licensing
agency's name and address.
(B) Upon receipt of the completed form, the set of
fingerprint impressions, and the fee provided for in division (A)
of this section, the superintendent shall conduct a criminal
records check of the applicant under division (B) of section
109.572 of the Revised Code. Upon completion of the criminal
records check, the superintendent shall report the results of the
criminal records check and any information the federal bureau of
investigation provides to the licensing agency identified in the
request for a criminal records check.
Sec. 4776.03. Each licensing agency shall adopt rules under
Chapter 119. of the Revised Code establishing administrative and
procedural requirements for criminal records checks.
Sec. 4776.04. The results of any criminal records check
conducted pursuant to a request made under this chapter and any
report containing those results, including any information the
federal bureau of investigation provides, are not public records
for purposes of section 149.43 of the Revised Code and shall not
be made available to any person or for any purpose other than as
follows:
(A) The superintendent of the bureau of criminal
identification and investigation shall make the results available
to the licensing agency for use in determining, under the agency's
authorizing chapter of the Revised Code, whether the applicant who
is the subject of the criminal records check should be granted a
license under that chapter.
(B) The licensing agency shall make the results available to
the applicant who is the subject of the criminal records check or
to the applicant's representative.
Sec. 4779.08. (A) The state board of orthotics,
prosthetics,
and
pedorthics shall
adopt rules in accordance
with
Chapter 119.
of the
Revised Code to carry out the purposes of
this
chapter,
including rules prescribing all of the following:
(1) The form and manner of filing of applications to be
admitted to
examinations and for licensure and license renewal;
(2) Standards and procedures for formulating, evaluating,
approving, and administering licensing examinations or recognizing
other
entities that conduct examinations;
(3) The form, scoring, and scheduling of licensing
examinations;
(4) Fees for examinations and applications for licensure and
license renewal;
(5) Fees for approval of continuing education courses;
(6) Procedures for issuance, renewal, suspension, and
revocation
of licenses and the conduct of disciplinary hearings;
(7) Standards of ethical and professional conduct in the
practice
of orthotics, prosthetics, and pedorthics;
(8) Standards for approving national certification
organizations
in orthotics, prosthetics, and pedorthics;
(9) Fines for violations of this chapter;
(10) Standards for the recognition and approval of
educational
programs required for licensure, including standards
for approving
foreign educational credentials;
(11) Standards for continuing education programs required
for
license renewal;
(12) Provisions for making available the information
described in
section 4779.22 of the Revised Code;
(13) Requirements for criminal records checks of applicants
under section 4776.03 of the Revised Code.
(B) The board may adopt
any other rules necessary for
the
administration of this chapter.
(C) The fees prescribed by this section shall be paid to the
treasurer of state, who shall deposit the
fees in the occupational
licensing
and regulatory fund established
in section 4743.05 of
the Revised Code.
Sec. 4779.091. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
state board of orthotics, prosthetics, and pedorthics shall not
grant a license to an applicant for an initial license unless the
applicant complies with sections 4776.01 to 4776.04 of the Revised
Code and the board, in its discretion, decides that the results of
the criminal records check do not make the applicant ineligible
for a license issued pursuant to section 4779.09, 4779.16,
4779.17, or 4779.18 of the Revised Code.
SECTION 2. That existing sections 109.572, 2953.32,
4717.04,
4725.09, 4725.44, 4730.14, 4730.28, 4731.15, 4731.222,
4731.281,
4731.296, 4740.04, 4755.06, 4755.61, 4757.10, 4759.05,
4760.06,
4761.03, 4762.06, and 4779.08 of the Revised Code are
hereby
repealed.
SECTION 3. Section 109.572 of the Revised Code is presented
in
this act as a composite of the section as amended by both Am.
Sub. S.B. 185 and Am. Sub. S.B. 238 of
the 126th 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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