The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 171 As Introduced
As Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
Representative Williams, S.
Cosponsors:
Representatives McGregor, J., Yuko, Brown, Luckie
A BILL
To amend sections 3923.233, 3923.301, 4701.16, 4703.15, 4707.02, 4707.15, 4709.13, 4712.03, 4715.30, 4717.14, 4719.03, 4723.07, 4723.28, 4723.34, 4725.53, 4727.15, 4728.13, 4729.16, 4729.53, 4729.56, 4731.22, 4731.224, 4731.225, 4731.226, 4731.25, 4732.17, 4733.20, 4734.31, 4734.39, 4735.07, 4735.09, 4735.13, 4735.27, 4735.28, 4738.04, 4738.07, 4738.18, 4740.06, 4740.10, 4741.22, 4747.12, 4749.03, 4749.04, 4749.06, 4751.10, 4753.10, 4755.10, 4755.47, 4755.64, 4757.36, 4758.30, 4759.07, 4760.13, 4761.09, 4762.13, 4763.11, 4765.18, 4779.28, and 4781.09 and to enact section 4743.06 of the Revised Code to revise the laws governing issuance of certain professional licenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 3923.233, 3923.301, 4701.16, 4703.15, 4707.02, 4707.15, 4709.13, 4712.03, 4715.30, 4717.14, 4719.03, 4723.07, 4723.28, 4723.34, 4725.53, 4727.15, 4728.13, 4729.16, 4729.53, 4729.56, 4731.22, 4731.224, 4731.225, 4731.226, 4731.25, 4732.17, 4733.20, 4734.31, 4734.39, 4735.07, 4735.09, 4735.13, 4735.27, 4735.28, 4738.04, 4738.07, 4738.18, 4740.06, 4740.10, 4741.22, 4747.12, 4749.03, 4749.04, 4749.06, 4751.10, 4753.10, 4755.10, 4755.47, 4755.64, 4757.36, 4758.30, 4759.07, 4760.13, 4761.09, 4762.13, 4763.11, 4765.18, 4779.28, and 4781.09 be amended and section 4743.06 of the Revised Code be enacted to read as follows:
Sec. 3923.233. Notwithstanding any provision of any certificate
furnished by
an insurer in connection with or pursuant to any group
sickness and
accident
insurance policy delivered, issued, renewed, or used, in or
outside this
state, on or after January 1, 1985, and notwithstanding any provision of any
policy of insurance delivered, issued for delivery, renewed, or used, in or
outside this state, on or after January 1, 1985, whenever the policy or
certificate is subject to the jurisdiction of this state and
provides for
reimbursement for any service that may be legally performed by a
certified nurse-midwife
who is authorized under section 4723.42
of the Revised Code to
practice nurse-midwifery, reimbursement under the policy or
certificate
shall not be denied to a certified
nurse-midwife performing
the service in collaboration with a
licensed physician. The collaborating physician shall be identified on an
insurance
claim form.
The cost of collaboration with a certified nurse-midwife
by a
licensed
physician
as required under section 4723.43 of the Revised Code is a
reimbursable
expense.
The division of any reimbursement payment for services performed
by
a certified nurse-midwife between the nurse-midwife and the
nurse-midwife's
collaborating physician shall be determined and mutually
agreed upon by the
certified nurse-midwife and the physician. The division of fees shall not be
considered
a violation of division (B)(17)(13) of section 4731.22 of the Revised Code. In no
case shall the total fees charged exceed the fee the physician would have
charged had the physician provided the entire service.
Sec. 3923.301. Every person, the state and any of its
instrumentalities, any county, township, school district, or
other political subdivision and any of its instrumentalities, and
any municipal corporation and any of its instrumentalities
that provides payment for health care benefits for any of its
employees resident in this state, which benefits are not provided
by contract with an insurer qualified to provide sickness and
accident insurance or a health insuring
corporation, and that
includes reimbursement for any service that may be
legally performed by a certified nurse-midwife who is
authorized
under section 4723.42 of the Revised Code to practice nurse-midwifery,
shall not deny reimbursement to a certified nurse-midwife
performing the service if the service is
performed in collaboration
with a
licensed
physician. The collaborating physician shall be identified on the claim form.
The cost of collaboration with a certified nurse-midwife
by a
licensed physician as required under section 4723.43 of the
Revised Code is a reimbursable expense.
The division of any reimbursement payment for services
performed by a certified nurse-midwife between the nurse-midwife
and the nurse-midwife's collaborating physician shall be
determined
and mutually agreed upon by the certified nurse-midwife and the physician.
The division of fees shall not be considered a violation of
division (B)(17)(13) of section 4731.22 of the Revised Code. In no
case shall the total fees charged exceed the fee the physician
would have charged had the physician provided the entire service.
Sec. 4701.16. (A) After notice and hearing as provided in
Chapter 119. of the Revised Code, the accountancy board may
discipline as described in division (B) of this section a
person
holding
an Ohio permit, an Ohio registration, a firm registration,
a
CPA certificate, or a PA registration or any other person
whose
activities are regulated by the board
for any one or any
combination of
the following causes:
(1) Fraud or deceit in
obtaining a firm registration or in
obtaining a
CPA
certificate, a
PA registration, an Ohio permit, or
an Ohio
registration;
(2) Dishonesty, fraud, or gross negligence in the practice
of public accounting;
(3) Violation of any of the provisions of section 4701.14
of
the Revised Code;
(4) Violation of a rule of professional conduct
promulgated
by the board under the authority granted by this chapter;
(5) Conviction of or plea of guilty to a felony criminal offense that is substantially related to the practice of accountancy under the laws of any state or
of
the United States;
(6) Conviction of any crime, an element of which is
dishonesty or fraud, under the laws of any state or of the United
States;
(7) Cancellation, revocation, suspension, or refusal to
renew authority to practice as a certified public accountant, a
public accountant, or a public accounting firm by any other
state,
for any cause other than failure to pay registration fees
in that
other state;
(8)(7) Suspension or revocation of the right to practice
before
any state or federal agency;
(9)(8) Failure of a holder of a CPA certificate or PA
registration to obtain an Ohio permit
or an Ohio registration, or
the
failure of a public accounting firm to
obtain a firm
registration;
(10)(9) Conduct discreditable to the public accounting
profession or to the holder of an Ohio permit, Ohio
registration,
or foreign certificate;
(11)(10) Failure of a public accounting firm to comply with
section
4701.04 of the Revised Code.
(B) For any of the reasons specified in division (A) of
this
section, the board may do any of the following:
(1) Revoke, suspend, or refuse to renew any
CPA certificate
or PA
registration or any
Ohio permit, Ohio registration, or firm
registration;
(2) Disqualify a person who is not a holder of an
Ohio
permit or a
foreign certificate from owning an equity interest in
a public
accounting firm or qualified firm;
(3) Publicly censure a registered firm or a
holder of
a
CPA
certificate, a
PA registration, an
Ohio permit, or an
Ohio
registration;
(4) Levy
against a registered firm or a holder of a
CPA
certificate, a
PA registration, an
Ohio permit, or an
Ohio
registration
a penalty or fine not to exceed
five thousand
dollars
for each offense. Any fine shall be reasonable and in
relation
to the severity of the offense.
(5) In the case of violations of division (A)(2) or (4) of
this section, require completion of remedial continuing education
programs prescribed by the board in addition to those required by
section 4701.11 of the Revised Code;
(6) In the case of violations of division (A)(2) or (4) of
this section, require the holder of a CPA certificate, PA
registration, or firm
registration to
submit to a peer review by a
professional committee
designated
by the board, which committee
shall report to the board
concerning that
holder's compliance
with
generally accepted accounting principles, generally
accepted
auditing
standards, or other generally accepted technical
standards;
(7) Revoke or suspend the privileges to offer or render
attest services in
this state or to use a CPA title or designation
in this state of an
individual who holds a foreign certificate.
(C) If the board levies a fine against or suspends the
certificate of a person or registration of a person or firm for a
violation of division (A)(2) or (4) of this section, it may waive
all or any portion of the fine or suspension if the
holder of the
CPA certificate, PA
registration, or firm registration
complies
fully with division
(B)(5) or (6) of this section.
(D) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4703.15. (A) The state board of examiners of architects
may by three concurring votes deny renewal of, revoke, or suspend
any certificate of qualification to practice architecture, issued
or renewed under sections 4703.10, 4703.13, and 4703.14 of the
Revised Code, or any certificate of authorization, issued or
renewed under sections 4703.13 and 4703.18 of the Revised Code,
if proof satisfactory to the board is presented in any of the
following cases:
(1) In case it is shown that the certificate was obtained
by fraud;
(2) In case the holder of the certificate has been found
guilty by the board or by a court of justice of any fraud or
deceit in the holder's professional practice, or has been
convicted of a
felony by a court of justice of, or pleaded guilty in a court of justice to, a criminal offense that is substantially related to the practice of architecture;
(3) In case the holder has been found guilty by the board
of gross negligence, incompetency, or misconduct in the
performance of the holder's services as an architect or in
the practice of
architecture;
(4) In case the holder of the certificate has been found
guilty by the board of signing plans for the construction of a
building as a "registered architect" where the holder is not
the actual
architect of such building and where the holder is without
prior written
consent of the architect originating the design or other
documents used in the plans;
(5) In case the holder of the certificate has been found
guilty by the board of aiding and abetting another person or
persons not properly registered as required by sections 4703.01
to 4703.19 of the Revised Code, in the performance of activities
that in any manner or extent constitute the practice of
architecture.
At any time after the expiration of six months from the
date of the revocation or suspension of a certificate, the
individual, firm, partnership, association, or corporation may
apply for reinstatement of the certificate. Upon showing that
all loss caused by the individual, firm, partnership,
association, or corporation whose certificate has been revoked or
suspended has been fully satisfied and that all conditions
imposed by the revocation or suspension decision have been
complied with, and upon the payment of all costs incurred by the
board as a result of the case at issue, the board, at its
discretion and upon evidence that in its opinion would so
warrant, may restore the certificate.
(B) In addition to disciplinary action the board may take against a certificate holder under division (A) of this section or section 4703.151 of the Revised Code, the board may impose a fine against a certificate holder who obtained a certificate by fraud or who is found guilty of any act specified in divisions (A)(2) to (A)(5) of this section or who violates any rule governing the standards of service, conduct, and practice adopted pursuant to section 4703.02 of the Revised Code. The fine imposed shall be not more than one thousand dollars for each offense but shall not exceed five thousand dollars regardless of the number of offenses the certificate holder has committed between the time the fine is imposed and the time any previous fine was imposed.
(C) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4707.02. No As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of theRevised Code.
No person shall act as an auction firm, auctioneer,
apprentice auctioneer, or special auctioneer within this state
without a license issued by the department of
agriculture. No
auction shall be conducted in this state except
by an auctioneer
licensed by the department.
The department shall not issue or renew a license if the
applicant or licensee has been convicted of a felony or crime
involving fraud or theft or pleaded guilty to a criminal offense that is substantially related to the profession of auction firm, auctioneer, apprentice auctioneer, or special auctioneer in this or another state at any time during the
ten years immediately preceding application or renewal.
This section does not apply to:
(A) Sales at auction that either are required by law to be at
auction,
other than sales pursuant to a judicial order or decree, or that are conducted by or under the direction of a public authority;
(B) The owner of any real or personal property desiring to
sell the property at auction, provided that the property was not
acquired for the purpose of resale;
(C) An auction mediation company;
(D) An auction that is conducted in a course of study for auctioneers that is approved by the state auctioneers commission created under section 4707.03 of the Revised Code for purposes of student training and is supervised by a licensed auctioneer;
(E) An auction that is sponsored by a nonprofit or charitable organization that is registered in this state under Chapter 1702. or Chapter 1716. of the Revised Code, respectively, if the auction only involves the property of the members of the organization and the auction is part of a fair that is organized by an agricultural society under Chapter 1711. of the Revised Code or by the Ohio expositions commission under Chapter 991. of the Revised Code at which an auctioneer who is licensed under this chapter physically conducts the auction;
(F) A person licensed as a livestock dealer under Chapter 943. of the Revised Code who exclusively sells livestock and uses an auctioneer who is licensed under this chapter to conduct the auction;
(G) A person licensed as a motor vehicle auction owner under Chapter 4517. of the Revised Code who exclusively sells motor vehicles and who uses an auctioneer who is licensed under this chapter to conduct the auction;
(H) A person who sells real or personal property by means of the internet.
Sec. 4707.15. The As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
The department of
agriculture may deny, refuse to renew,
suspend, or
revoke the license of any auction firm, auctioneer, apprentice
auctioneer, or
special auctioneer for any of the following causes:
(A) Obtaining a license through false or fraudulent
representation;
(B) Making any substantial misrepresentation in an
application for a license;
(C) A continued course of misrepresentation or for making
false promises through agents, advertising, or otherwise;
(D) Specifying that an auction is a reserve auction, absolute auction, or estate auction, but not conducting the auction as specified;
(E) Failing to account for or remit, within a reasonable
time, any money or property belonging to others that comes into
the
licensee's
possession, and for commingling funds of others with
the
licensee's own, or
failing to keep funds of others in
an
escrow or trust
account, except that in the case of a
transaction involving real
estate, such funds shall be maintained
in accordance with
division (A)(26) of section 4735.18 of the
Revised Code;
(F) Paying valuable consideration to any person who has
violated this chapter;
(G) Conviction in In a court of competent jurisdiction of
this
state or any other state, conviction of or plea of guilty to a criminal offense involving
fraud, forgery, embezzlement, false pretenses, extortion, conspiracy to defraud, or another similar offense or
a felony that is substantially related to the profession of auctioneer, apprentice auctioneer, or special auctioneer;
(H) Violation of this chapter or rules adopted under it;
(I) Failure to furnish voluntarily at the time of
execution,
copies of all written instruments prepared by the
auctioneer or auction firm;
(J) Any conduct of a person that is licensed under this chapter that demonstrates bad
faith, dishonesty, incompetency, or untruthfulness;
(K) Any other conduct that constitutes improper,
fraudulent,
or dishonest dealings;
(L) Failing prior to the sale at public auction to enter
into a written contract with the owner or consignee of any
property to be sold, containing the terms and conditions upon
which the licensee received the property for auction;
(M) The use of any power of attorney to circumvent this
chapter;
(N) Failure to display the sign required under section 4707.22 of the Revised Code and a notice conspicuously at the
clerk's
desk or on a bid card that clearly states the terms and
conditions
of the auction;
(O) Failure to notify the department of any conviction of
a
felony or crime involving fraud within fifteen days of
conviction;
(P) Aiding an unlicensed person in the performance of services or acts that require a license under this chapter;
(Q) The suspension or revocation of a license to engage in auctioneering or other disciplinary action by the licensing authority of another state;
(R) The refusal or disapproval by the licensing authority of another state of an application for a license to engage in auctioneering;
(S) Failure of a licensee to notify the department of agriculture within fifteen days of a disciplinary action against the licensee by another state's applicable governing authority;
(T) Engaging in auctioneering or providing auction services without a license or during the suspension of a license;
(U) Attempting to cheat or cheating on an auctioneer examination or aiding another to cheat on an examination.
Sec. 4709.13. (A) The barber board may refuse to issue or
renew or may suspend or revoke or impose conditions upon any
license issued pursuant to this chapter for any one or more of
the following causes:
(1) Conviction of or plea of guilty to a felony criminal offense that is substantially related to the practice of barbering shown by a certified copy of
the record of the court of conviction;
(2) Advertising by means of knowingly false or deceptive
statements;
(3) Habitual drunkenness or possession of or addiction to
the use of any controlled drug prohibited by state or federal
law;
(4) Immoral or unprofessional conduct;
(5) Continuing to be employed in a barber shop wherein
rules of the board or department of health are violated;
(6) Employing any person who does not have a current Ohio
license to perform the practice of barbering;
(7) Owning, managing, operating, or controlling any barber
school or portion thereof, wherein the practice of barbering is
carried on, whether in the same building or not, without
displaying a sign at all entrances to the places where the
barbering is carried on, indicating that the work therein is done
by students exclusively;
(8) Owning, managing, operating, or controlling any barber
shop, unless it displays a recognizable sign or barber pole
indicating that it is a barber shop, and the sign or pole is
clearly visible at the main entrance to the shop;
(9) Violating any sanitary rules approved by the
department of health or the board;
(10) Employing another person to perform or himself personally
perform the practice of barbering in a licensed barber shop
unless that person is licensed as a barber under this chapter;
(B) Prior to taking any action under division (A) of this
section, the board shall provide the person with a statement of
the charges against him the person and notice of the time and
place of a
hearing on the charges. The board shall conduct the hearing
according to Chapter 119. of the Revised Code. Any person
dissatisfied with a decision of the board may appeal the board's
decision to the court of common pleas in Franklin county.
(C) The board may adopt rules in accordance with Chapter
119. of the Revised Code, specifying additional grounds upon
which the board may take action under division (A) of this
section.
(D) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4712.03. After As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
After notice and a hearing conducted in
accordance with Chapter 119. of the Revised Code, the
superintendent of financial institutions may
suspend, revoke, or refuse to issue or renew a certificate of registration if
any of the following conditions applies to the applicant for registration or
registrant:
(A) The applicant or registrant obtained a certificate of
registration through any false or fraudulent representation or
made any substantial misrepresentation in any registration
application.
(B) The applicant or registrant made false promises
through advertising or other means or engaged in a continued
course of misrepresentations.
(C) The applicant or registrant violated any provision of
Chapter 1345. or sections 4712.01 to 4712.14 of the Revised Code
or the rules adopted thereunder.
(D) The applicant or registrant was convicted of, or pleaded guilty to, in a court
of competent jurisdiction of this state or any other state, of a
felony or any criminal offense involving fraud criminal offense that is substantially related to practice as a credit services organization, or failed to
notify the division of financial institutions
of any such conviction or guilty plea.
(E) The applicant or registrant engaged in conduct that
constituted improper, fraudulent, or dishonest dealings.
Sec. 4715.30. (A) The holder of a certificate or license
issued under this chapter is subject to disciplinary action by
the
state dental board for any of the following reasons:
(1) Employing or cooperating in fraud or material
deception
in applying for or obtaining a license or certificate;
(2) Obtaining or attempting to obtain money or anything of
value by intentional misrepresentation or material deception in
the course of practice;
(3) Advertising services in a false or misleading manner
or
violating the board's rules governing time, place, and manner
of
advertising;
(4) Conviction of or plea of guilty to a misdemeanor committed in the course of
practice or of any felony criminal offense that is substantially related to the practice of dentistry;
(5) Engaging in lewd or immoral conduct in connection with
the provision of dental services;
(6) Selling, prescribing, giving away, or administering
drugs for other than legal and legitimate therapeutic purposes,
or
conviction of violating any law of this state or the federal
government regulating the possession, distribution, or use of any
drug;
(7) Providing or allowing dental hygienists, expanded function dental auxiliaries, or other
practitioners of auxiliary dental occupations working under the
certificate or license holder's supervision, or a dentist holding
a
temporary limited continuing
education license under division
(C) of section 4715.16 of the
Revised Code working under the
certificate or license
holder's direct supervision, to provide
dental care that departs from or fails to conform to accepted
standards for the profession, whether or not injury to a patient
results;
(8) Inability to practice under accepted standards of the
profession because of physical or mental disability, dependence
on
alcohol or other drugs, or excessive use of alcohol or other
drugs;
(9) Violation of any provision of this chapter or any rule
adopted thereunder;
(10) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4715.03 of
the Revised Code;
(11) Waiving the payment of all or any part of a deductible
or copayment that
a patient, pursuant to a health insurance or
health care policy, contract, or
plan that covers dental services,
would otherwise be required to pay if the
waiver is used as an
enticement to a patient or group of patients to receive
health
care services from that provider.
(12) Advertising that the certificate or license holder will
waive the payment of all or any part of a
deductible or copayment
that a patient, pursuant to a health insurance or
health care
policy, contract, or plan that covers dental services, would
otherwise be required to pay.
(B) A manager, proprietor, operator, or conductor of a
dental facility shall be subject to disciplinary action if any
dentist, dental hygienist, expanded function dental auxiliary, or qualified personnel providing
services in the facility is found to have committed a violation
listed in division (A) of this section and the manager,
proprietor, operator, or conductor knew of the violation and
permitted it to occur on a recurring basis.
(C) Subject to Chapter 119. of the Revised Code, the board
may take one or more of the following disciplinary actions if one
or more of the grounds for discipline listed in divisions (A) and
(B) of this section exist:
(1) Censure the license or certificate holder;
(2) Place the license or certificate on probationary
status
for such period of time the board determines necessary and
require
the holder to:
(a) Report regularly to the board upon the matters which
are
the basis of probation;
(b) Limit practice to those areas specified by the board;
(c) Continue or renew professional education until a
satisfactory degree of knowledge or clinical competency has been
attained in specified areas.
(3) Suspend the certificate or license;
(4) Revoke the certificate or license.
Where the board places a holder of a license or certificate
on probationary status pursuant to division (C)(2) of this
section, the board may subsequently suspend or revoke the license
or certificate if it determines that the holder has not met the
requirements of the probation or continues to engage in
activities
that constitute grounds for discipline pursuant to
division (A) or
(B) of this section.
Any order suspending a license or certificate shall state
the
conditions under which the license or certificate will be
restored, which may include a conditional restoration during
which
time the holder is in a probationary status pursuant to
division
(C)(2) of this section. The board shall restore the
license or
certificate unconditionally when such conditions are
met.
(D) If the physical or mental condition of a license or
certificate holder is at issue in a disciplinary proceeding, the
board may order the license or certificate holder to submit to
reasonable examinations by
an individual designated or
approved
by
the board and at the board's expense.
The
physical
examination
may be conducted by any individual authorized
by the
Revised Code
to do so, including a physician assistant, a
clinical
nurse
specialist, a
certified nurse practitioner, or a
certified
nurse-midwife.
Any written documentation of the physical
examination shall be completed by the individual who conducted the
examination.
Failure to comply with an
order
for
an examination shall be
grounds for summary suspension
of a
license or certificate under
division (E) of this section.
(E) If the board has reason to believe that the holder
represents a clear and immediate danger to the public health and
safety if the holder is allowed to continue to practice, or
if the
holder has failed to comply with an order under division (D) of
this
section, the board may apply to the court of common pleas of
the
county in which the holder resides for an order temporarily
suspending the holder's license or certificate, without a prior
hearing being afforded by the board, until the board conducts an
adjudication hearing pursuant to Chapter 119. of the Revised
Code.
If the court temporarily suspends a holder's license or
certificate, the board shall give written notice of the
suspension
personally or by certified mail to the license or
certificate
holder. Such notice shall include specific facts and
reasons for
finding a clear and immediate danger to the public
health and
safety and shall inform the license or certificate
holder of the
right to a hearing pursuant to Chapter 119. of the
Revised Code.
(F) Any holder of a certificate or license issued under
this
chapter who has pleaded guilty to, has been convicted of, or
has
had a judicial finding of eligibility for
intervention in lieu
of
conviction entered against the holder in this state for
aggravated
murder, murder, voluntary manslaughter, felonious assault,
kidnapping, rape, sexual battery, gross sexual imposition,
aggravated arson, aggravated robbery, or aggravated burglary, or
who has pleaded guilty to, has been convicted of, or has had a
judicial finding of eligibility for treatment or intervention in
lieu
of
conviction entered against the holder in another
jurisdiction for any
substantially equivalent criminal offense, is
automatically
suspended from practice under this chapter in this
state and any
certificate or license issued to the holder under
this
chapter is automatically suspended, as of the date of the
guilty plea,
conviction, or judicial finding, whether the
proceedings are
brought in this state or another jurisdiction.
Continued
practice by an individual after the suspension of the
individual's certificate or license under this division shall be
considered practicing
without a certificate or license. The board
shall notify the
suspended individual of the suspension of the
individual's
certificate or license under this division by
certified mail or in person in
accordance with section 119.07 of
the Revised Code. If an
individual whose certificate or license
is suspended under this
division fails to make a timely request
for an adjudicatory
hearing, the board shall enter a final order
revoking the
individual's certificate or license.
(G) Notwithstanding divisions (A)(11) and (12) of this
section, sanctions
shall not be imposed against any licensee who
waives deductibles and
copayments:
(1) In compliance with the health benefit plan that
expressly allows such a
practice. Waiver of the deductibles or
copayments shall be made only with the
full knowledge and consent of
the plan purchaser, payer, and third-party
administrator. Such
consent shall be made available to the board upon
request.
(2) For professional services rendered to any other person
licensed pursuant
to this chapter to the extent allowed by this
chapter and the rules of the
board.
(H) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4717.14. (A) The board of embalmers and funeral
directors
may refuse to grant or renew, or may suspend or revoke,
any license issued
under this chapter for any of the following
reasons:
(1) The license was obtained by fraud or
misrepresentation
either in the application or in passing the
examination.
(2) The applicant or licensee has been convicted of or
has
pleaded guilty to a felony or of any crime involving moral
turpitude criminal offense that is substantially related to the profession of imbalming or funeral directing.
(3) The applicant or licensee has
purposely violated any
provision of sections 4717.01 to 4717.15 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; any rule or order of the
department of health or a
board of health
of a health district governing the disposition of
dead human bodies; or any
other rule or order applicable to the
applicant or licensee.
(4) The applicant or licensee has
committed immoral or
unprofessional conduct.
(5) The applicant or licensee knowingly permitted an
unlicensed person, other than a person serving an apprenticeship,
to engage in the profession or business of embalming or funeral
directing under the applicant's or licensee's supervision.
(6) The applicant or licensee has been
habitually
intoxicated, or is addicted to the use
of morphine, cocaine, or
other habit-forming or illegal drugs.
(7) The applicant or licensee has
refused to promptly submit
the custody of a
dead human body upon the express order of the
person legally
entitled to the body.
(8) The licensee loaned the licensee's own
license, or the
applicant or licensee
borrowed or used the license of another
person, or knowingly aided
or abetted the granting of an improper
license.
(9) The applicant or licensee transferred a license to
operate a funeral home, embalming facility, or crematory from one
owner or
operator to another, or
from one location to another,
without notifying the board.
(10) The applicant or licensee mislead the public by
using
false or deceptive advertising.
(B)(1) The board of embalmers and funeral directors shall
refuse
to grant or renew, or shall suspend or revoke, an
embalmer's, funeral
director's, funeral
home, or embalming
facility license only in accordance with
Chapter 119. of the
Revised Code.
(2) The board shall send to the crematory review board
written notice that
it proposes to refuse to issue or renew, or
proposes to suspend or revoke, a
license to operate a crematory
facility. If, after the conclusion of the
adjudicatory hearing on
the matter conducted under division (E) of
section 4717.03 of the
Revised Code, the board of embalmers
and funeral directors finds
that any of the circumstances described
in divisions (A)(1) to
(10) of
this section apply to the person named in its proposed
action,
the board may issue a final order under division
(E) of
section 4717.03 of the Revised
Code refusing to issue or
renew, or
suspending or revoking, the person's license to
operate a
crematory facility.
(C) If the board of embalmers and funeral directors
determines
that there is clear and convincing evidence that
any of
the circumstances described in divisions
(A)(1) to (10) of this
section
apply to the holder of a license issued under this chapter
and that the
licensee's continued practice presents a danger
of
immediate and serious harm to the public, the board may
suspend
the licensee's license without a prior adjudicatory
hearing. The
executive director of the board shall prepare
written allegations
for consideration by the board.
The board, after reviewing the written allegations, may
suspend a license without a prior hearing.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised
Code. Such an order is not
subject to suspension by
the court during the pendency of any
appeal filed under section
119.12 of the
Revised Code. If the holder of an embalmer's,
funeral
director's, funeral home, or embalming facility license
requests an
adjudicatory hearing by the board, the date set for
the hearing shall be
within fifteen days, but not earlier than
seven
days, after the licensee has requested a hearing, unless
the
board and the licensee agree to a different time for holding the
hearing.
Upon issuing a written order of suspension to the holder
of a
license to operate a crematory facility, the board of
embalmers
and funeral directors shall send written notice of the
issuance of
the order to the crematory review board. The
crematory review
board shall hold an adjudicatory hearing on the
order under
division (E) of section
4717.03
of the Revised Code within
fifteen days,
but not earlier than seven days, after the
issuance
of the order, unless the crematory review board and the licensee
agree to a different time for holding the adjudicatory hearing.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicatory order issued by the board of embalmers and funeral
directors
pursuant to this division and Chapter 119. of the
Revised
Code, or division (E) of section 4717.03 of the Revised
Code, as
applicable, becomes effective. The board of embalmers
and funeral directors
shall issue its final adjudicatory order
within sixty days
after the completion of its hearing or, in the
case of the summary suspension
of a license to operate a crematory
facility, within sixty days after
completion of the adjudicatory
hearing by the crematory review board. A
failure to issue the
order within that time results in the dissolution of the summary
suspension order, but does not invalidate any subsequent final
adjudicatory order.
(D) Any holder of a
license issued under this chapter who
has pleaded guilty to, has
been found by a judge or jury to be
guilty of, or has had a
judicial finding of eligibility for
treatment in lieu of
conviction entered against the individual in
this state for
aggravated murder, murder, voluntary manslaughter,
felonious
assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated robbery, or aggravated
burglary, or who has pleaded guilty to, has been found by a
judge
or jury to be guilty of, or has had a judicial finding of
eligibility for treatment in lieu of conviction entered against
the individual in another jurisdiction for any substantially
equivalent criminal offense, is hereby suspended from practice
under this chapter by operation of law, and any license issued
to
the individual under this chapter is hereby suspended by
operation
of law as of the date of the guilty plea, verdict or
finding of
guilt, or judicial finding of eligibility for
treatment in lieu of
conviction, regardless of whether the
proceedings are brought in
this state or another jurisdiction.
The board shall notify the
suspended individual of the
suspension of the individual's license
by the operation of this
division by certified mail or in person
in accordance with
section 119.07 of the Revised
Code. If an
individual whose
license is suspended under this division fails to
make a timely
request for an adjudicatory hearing, the board shall
enter a
final order revoking the license.
(E) No person whose license has been suspended
or revoked
under or by the operation of this section shall practice embalming
or funeral directing or operate a funeral home, embalming
facility, or
crematory facility until
the board has reinstated the
person's license.
(F) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4719.03. (A) Except as otherwise provided in division (B) of this
section, the attorney general shall issue a certificate of registration or
registration renewal as a telephone solicitor to any applicant or registrant
that submits a completed application for the certificate, as specified under
section 4719.02 of the Revised Code, and pays, as applicable, the
registration fee or renewal fee prescribed pursuant to rule of the attorney
general adopted under section 4719.10 of the Revised
Code. All fees collected under this
division shall be deposited into the state treasury to the credit of the
telemarketing fraud enforcement fund created in section 4719.17 of the Revised
Code. The certificate of registration or registration renewal
shall expire one year after the date on which it is issued.
(B) After an adjudication conducted in
accordance with Chapter 119. of the Revised Code,
the attorney general may deny a certificate of registration or registration
renewal or
may suspend or revoke a certificate if the attorney general finds, by a
preponderance of the evidence, that any of the following conditions apply:
(1) The applicant or registrant obtained a certificate of
registration or registration renewal through any false or fraudulent
representation or made any material misrepresentation in any registration
application.
(2) The applicant or registrant made false promises
through advertising or other means or engaged in a continued
course of misrepresentations.
(3) The applicant or registrant violated any provision of
Chapter 1345. or sections 4719.01 to 4719.18 of the Revised
Code or a rule adopted under that chapter or those sections.
(4) In a court of competent jurisdiction of this state or any other state
or of the United States, the applicant or registrant was
convicted of, pleaded guilty to, or entered a plea of no contest for a
felony, engaging in a pattern of corrupt activity, racketeering, a violation
of federal or state securities law, or a theft offense as
defined in section 2913.01 of the Revised Code criminal offense that is substantially related to the profession of telepone solicitor or in a similar law of any
other state or of the United States, or failed to notify the attorney general
of any conviction or plea of that type as required under
division (H) of section 4719.08 of the Revised Code.
(5) The applicant or registrant engaged in conduct that
constituted improper, fraudulent, or dishonest dealings.
(C) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4723.07. In accordance with Chapter 119. of the
Revised
Code, the board of nursing shall adopt and may amend and
rescind
rules that establish all of the following:
(A) Provisions for the board's
government and control of
its
actions and business affairs;
(B) Minimum curricula and standards for
nursing education
programs that prepare graduates to be licensed under this chapter
and
procedures for granting,
renewing,
and withdrawing approval
of those programs;
(C) Criteria that applicants for
licensure must meet to be
eligible to take examinations for licensure;
(D) Standards and procedures for renewal of the licenses and
certificates issued by the board;
(E) Standards for approval of continuing
nursing education
programs and courses for registered nurses,
licensed practical
nurses, certified registered nurse anesthetists,
clinical nurse
specialists, certified nurse-midwives, and certified nurse
practitioners. The standards may provide for
approval of
continuing nursing education programs and courses that have
been
approved by other state boards of nursing or by national
accreditation systems for nursing, including, but not limited to,
the American nurses' credentialing center and the national
association for practical nurse education and service.
(F) Standards that persons must meet to
be
authorized by
the board to approve continuing nursing education
programs and
courses and a schedule by which that
authorization expires and
may be renewed;
(G) Requirements, including
continuing
education
requirements, for restoring inactive nursing licenses, dialysis
technician certificates, and community health worker certificates, and for restoring nursing licenses,
dialysis
technician certificates, and community health worker certificates that have lapsed through failure to renew;
(H) Conditions that may be imposed for
reinstatement of a nursing
license, dialysis technician certificate, or community health worker certificate
following action taken
under section 3123.47,
4723.28, 4723.281, or 4723.86 of the Revised Code
resulting in a license or certificate
suspension;
(I) Standards for approval
of peer support
programs for
persons who hold a nursing license, dialysis technician
certificate, or community health worker certificate;
(J) Requirements for
board
approval of courses in medication
administration by licensed
practical nurses;
(K) Criteria for evaluating
the qualifications of an
applicant
for a
license to practice nursing as a registered
nurse or
licensed
practical nurse, a certificate of authority
issued under
division
(E) of section 4723.41 of the Revised Code,
a dialysis technician
certificate, or a community health worker certificate by the board's endorsement of
the applicant's authority to
practice issued by the licensing
agency of another state;
(L) Universal blood and
body fluid
precautions that shall be
used by each person holding a nursing license or
dialysis
technician certificate issued under this
chapter who performs
exposure-prone invasive procedures. The
rules shall define and
establish requirements for universal blood
and body fluid
precautions that include the following:
(1) Appropriate use of hand washing;
(2) Disinfection and sterilization of equipment;
(3) Handling and disposal of needles and other sharp
instruments;
(4) Wearing and disposal of gloves and other protective
garments and devices.
(M) Standards and
procedures for
approving certificates of
authority to practice nursing as a certified
registered nurse
anesthetist, clinical nurse specialist, certified
nurse-midwife,
or certified nurse practitioner, and for renewal of those
certificates;
(N) Quality assurance
standards for certified registered
nurse anesthetists, clinical nurse
specialists, certified
nurse-midwives, or certified nurse practitioners;
(O) Additional criteria
for the standard care arrangement
required by section 4723.431 of the
Revised Code
entered into by a
clinical nurse specialist, certified nurse-midwife, or
certified
nurse practitioner and the nurse's collaborating physician or
podiatrist;
(P) Continuing education
standards for clinical nurse
specialists who are exempt under division
(C) of section 4723.41
of the
Revised Code
from the requirement of having passed a
certification examination;
(Q) For purposes of division (B)(31)(29) of section 4723.28
of
the Revised Code, the actions, omissions, or other circumstances
that constitute failure
to establish and maintain professional
boundaries with a patient.
The board may
adopt other rules necessary to carry out the
provisions of this
chapter. The rules shall be adopted in
accordance with Chapter
119. of the Revised Code.
Sec. 4723.28. (A) The board of nursing, by a vote of
a
quorum, may revoke
or may refuse to grant a nursing license,
certificate of
authority, or dialysis technician
certificate
to a
person
found by
the board to have committed fraud in passing an
examination
required to obtain the license, certificate of
authority, or
dialysis technician certificate or to have committed
fraud,
misrepresentation, or
deception in applying for or securing
any
nursing license,
certificate of authority, or dialysis
technician
certificate
issued by the
board.
(B)
Subject to division (N) of this section, the board of
nursing,
by a vote of a
quorum, may
impose one or more of the
following sanctions: deny,
revoke,
suspend, or place restrictions
on any nursing
license,
certificate
of authority, or dialysis
technician
certificate issued by
the
board; reprimand or otherwise
discipline a holder of a
nursing
license, certificate of
authority, or dialysis technician
certificate; or impose a fine of
not more than five hundred
dollars
per violation. The sanctions
may be imposed for any of
the
following:
(1) Denial, revocation, suspension, or restriction of
authority to
practice a
health
care
occupation, including nursing
or practice
as a dialysis technician, for any reason other than a
failure to renew, in Ohio or another state or jurisdiction;
(2) Engaging in the practice of nursing or engaging in
practice as a
dialysis technician, having failed to
renew a
nursing license or dialysis technician certificate
issued under
this chapter, or while a nursing license or dialysis
technician
certificate is under
suspension;
(3) Conviction of, a plea of guilty to, a judicial
finding
of guilt of, a judicial finding of guilt resulting from a
plea of
no contest to, or a judicial finding of eligibility for
intervention
in lieu of conviction for, a misdemeanor committed in
the course of
practice;
(4) Conviction of, a plea of guilty to, a judicial
finding
of guilt of, a judicial finding of guilt resulting from a
plea of
no contest to, or a judicial finding of eligibility for
intervention
in
lieu of conviction for, any felony or of any crime
involving gross
immorality or moral turpitude a criminal offense that is substantially related to the practice of nursing or dialysis technician;
(5)(4) Selling, giving away, or administering drugs or
therapeutic devices for
other than legal and legitimate
therapeutic purposes; or conviction of,
a plea of guilty to, a
judicial finding of guilt of, a
judicial finding of guilt
resulting from a plea of no contest to, or a
judicial finding of
eligibility for intervention in lieu of conviction
for, violating
any municipal, state, county, or federal drug law;
(6)(5) Conviction of, a plea of guilty to, a judicial
finding
of guilt of, a judicial finding of guilt resulting from a
plea of
no contest to, or a judicial finding of eligibility for
intervention
in lieu of conviction for, an act in another
jurisdiction that
would
constitute a felony or a crime of moral
turpitude in Ohio criminal offense that is substantially related to the practice of nursing or dialysis technician;
(7) Conviction of, a plea of guilty to, a judicial
finding
of guilt of, a judicial finding of guilt resulting from a
plea of
no contest to, or a judicial finding of eligibility for
intervention
in lieu of conviction for, an act in the course of
practice in
another
jurisdiction that would constitute a
misdemeanor in Ohio;
(8)(6) Self-administering or otherwise taking into the body
any
dangerous drug, as defined in section 4729.01 of the Revised Code,
in any way not in accordance with a legal,
valid
prescription
issued for that individual;
(9)(7) Habitual indulgence in the use of controlled
substances,
other habit-forming drugs, or alcohol or other
chemical substances
to an extent that impairs ability to
practice;
(10)(8) Impairment of the ability to practice according to
acceptable and prevailing standards of safe nursing care because
of habitual or excessive use
of
drugs, alcohol, or other chemical
substances that impair the ability to practice;
(11)(9) Impairment of the ability to practice according to
acceptable and
prevailing standards of safe nursing care because
of a physical or mental
disability;
(12)(10) Assaulting or causing harm to a patient or depriving
a
patient of the means to summon assistance;
(13)(11) Obtaining or attempting to obtain money or anything
of
value by intentional misrepresentation or material deception
in
the course of practice;
(14)(12) Adjudication by a probate court of being mentally ill
or mentally
incompetent. The board may restore the person's
nursing license or
dialysis technician certificate upon
adjudication
by a probate court of the person's restoration to
competency or
upon submission to the board of other proof of
competency.
(15)(13) The suspension or termination of employment by the
department of defense or the veterans administration of the
United
States for any act that violates or would violate this
chapter;
(16)(14) Violation of this chapter or any rules adopted under
it;
(17)(15) Violation of any restrictions placed on a nursing
license or
dialysis technician certificate by
the board;
(18)(16) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4723.07 of
the Revised Code;
(19)(17) Failure to practice in accordance with acceptable
and
prevailing standards of safe nursing care or safe dialysis care;
(20)(18) In the case of a registered nurse, engaging in
activities that exceed the practice of nursing as a registered
nurse;
(21)(19) In the case of a licensed practical nurse, engaging
in
activities that exceed the practice of nursing as a licensed
practical nurse;
(22)(20) In the case of a dialysis technician, engaging in
activities that
exceed those permitted under section 4723.72 of
the Revised Code;
(23)(21) Aiding and abetting a person in
that person's practice
of
nursing without a license or practice as a dialysis technician
without a
certificate issued under this chapter;
(24)(22) In the case of a certified registered nurse
anesthetist,
clinical nurse specialist,
certified nurse-midwife, or
certified nurse practitioner,
except
as provided in division (M) of this
section, either of the
following:
(a) Waiving the payment of all or any part of a deductible
or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers such nursing
services, would otherwise be required to pay if the waiver is
used
as an enticement to a patient or group of patients to
receive
health care services from that provider;
(b) Advertising that the nurse will waive the payment of all
or
any part of a deductible or copayment that a patient, pursuant
to
a health insurance or health care policy, contract, or plan
that
covers such nursing services, would otherwise be required to
pay.
(25)(23) Failure to comply with the terms and conditions of
participation in
the chemical dependency monitoring program
established under section
4723.35 of the Revised Code;
(26)(24) Failure to comply with the terms and conditions
required under the
practice intervention and improvement program
established under section
4723.282 of the Revised Code;
(27)(25) In the case of a certified registered nurse
anesthetist,
clinical
nurse specialist, certified nurse-midwife,
or certified nurse
practitioner:
(a) Engaging in activities that exceed those
permitted for
the nurse's nursing specialty under section 4723.43 of the
Revised
Code;
(b) Failure to meet the quality assurance standards
established under section 4723.07 of the
Revised Code.
(28)(26) In the case of a clinical nurse specialist,
certified
nurse-midwife, or certified nurse practitioner, failure to
maintain a standard
care arrangement in accordance with section
4723.431 of the
Revised Code or to practice in accordance with the
standard
care arrangement;
(29)(27) In the case of a
clinical nurse specialist, certified
nurse-midwife,
or certified nurse practitioner who holds a
certificate to
prescribe issued under section 4723.48 of the
Revised Code, failure to prescribe drugs and
therapeutic devices
in accordance with section 4723.481 of the
Revised Code;
(30)(28) Prescribing any drug or device
to perform or induce an
abortion, or otherwise performing or inducing an
abortion;
(31)(29) Failure to establish and maintain professional
boundaries with a patient, as specified in rules adopted under
section 4723.07
of the Revised Code;
(32)(30) Regardless of whether the contact or verbal behavior
is
consensual, engaging with a patient other than the spouse of the
registered
nurse, licensed practical nurse, or dialysis technician
in any of the following:
(a) Sexual contact, as defined in section 2907.01 of the
Revised Code;
(b) Verbal behavior that is sexually demeaning to the
patient or
may be reasonably interpreted by the patient as
sexually demeaning.
(33)(31) Assisting suicide as defined in section 3795.01 of the
Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A)
and (B) of this section shall be taken pursuant to an
adjudication
conducted under Chapter 119. of the Revised Code,
except that in lieu of a hearing,
the board may enter into a
consent agreement with an individual to resolve an
allegation of a
violation of this chapter or any rule adopted under it. A
consent
agreement, when ratified by a vote of a quorum, shall constitute
the
findings and order of the board with respect to the matter
addressed in the
agreement. If the board refuses to ratify a
consent agreement, the admissions
and findings contained in the
agreement shall be of no effect.
(D) The hearings of the board shall be conducted in
accordance
with Chapter 119. of the Revised Code, the board may
appoint a hearing examiner, as
provided in section 119.09 of the
Revised Code, to conduct any hearing the board is
authorized
to
hold under Chapter 119. of the Revised Code.
In any instance in which the board is required under Chapter
119.
of the Revised Code to give notice of an opportunity for a
hearing and the applicant or
license holder does not make a timely
request for a hearing in accordance with
section 119.07 of the
Revised Code, the board is not required to hold a hearing, but may
adopt, by a vote of a quorum, a final order that contains the
board's
findings. In the final order, the board may order any of
the sanctions listed
in division (A) or (B) of this section.
(E) If a criminal action is brought against a registered
nurse,
licensed
practical nurse, or dialysis
technician for an
act
or crime described in divisions (B)(3) to (7)(5)
of this section and
the action is dismissed by the trial court
other than on the
merits, the board shall conduct an
adjudication to determine
whether the
registered nurse, licensed practical nurse, or
dialysis technician
committed the act
on which the action was
based. If the board determines on the
basis of the adjudication
that the registered nurse,
licensed practical nurse, or dialysis
technician committed the act,
or if the registered nurse, licensed
practical nurse,
or dialysis technician fails to participate in
the
adjudication, the
board may take action as though the
registered nurse,
licensed practical nurse, or dialysis technician
had been
convicted of the act.
If the board takes action on the basis of a conviction,
plea,
or a judicial
finding as described
in divisions (B)(3) to (7)(5)
of
this section that is overturned on
appeal, the registered
nurse,
licensed practical
nurse, or dialysis technician may, on
exhaustion of the appeal
process, petition the board for
reconsideration of its action.
On receipt of the petition and
supporting court documents, the
board shall temporarily rescind
its action. If the board
determines that the decision on appeal
was a decision on the
merits, it shall permanently rescind its
action. If the board
determines that the decision on appeal was
not a decision on the
merits, it shall conduct an
adjudication
to determine
whether the registered nurse, licensed practical
nurse, or dialysis technician committed the act on which the
original conviction, plea, or judicial finding was
based.
If the
board determines on the basis of the adjudication
that the
registered nurse, licensed practical nurse, or
dialysis technician
committed such act, or if the
registered nurse, licensed practical
nurse, or dialysis technician does
not request an adjudication,
the board shall reinstate
its action;
otherwise, the board shall
permanently rescind its action.
Notwithstanding the provision of division (C)(2) of section
2953.32 of the Revised Code specifying that if records pertaining
to a criminal case are sealed under that section the proceedings
in the case shall be deemed not to have occurred, sealing of the
records of a conviction on which the board has based an action
under this section shall have no effect on the board's action or
any sanction imposed by the board under this section.
The board shall not be required to
seal, destroy, redact, or
otherwise modify its records to reflect the court's
sealing of
conviction records.
(F) The board may investigate an individual's criminal
background
in performing its duties under this section.
(G) During the course of an investigation conducted under
this section, the board
may compel any registered nurse,
licensed
practical nurse, or dialysis technician or applicant under this
chapter to submit to a
mental or physical
examination, or both, as
required by the board and at the expense
of the individual, if the
board finds reason to believe that the
individual under
investigation may have a physical or mental impairment that
may
affect the individual's ability to provide safe nursing care.
Failure
of any individual to submit to a
mental or physical
examination when directed constitutes an
admission of the
allegations, unless the failure is due to
circumstances beyond the
individual's control, and a default and
final order may be entered
without the taking of testimony or
presentation of evidence.
If the board finds that an individual
is impaired, the board
shall require the individual to submit to
care, counseling, or
treatment approved or designated by the
board, as a condition for
initial, continued, reinstated, or
renewed authority to practice.
The individual shall
be afforded
an opportunity to demonstrate to
the board that the individual can
begin or resume
the individual's
occupation in compliance with acceptable and
prevailing
standards
of care under the provisions of the individual's authority
to
practice.
For purposes
of this division, any
registered nurse,
licensed practical nurse, or dialysis technician or
applicant
under this chapter
shall be deemed to have given
consent to submit
to a mental or physical examination when
directed to do so in
writing by the board, and to have waived all
objections to the
admissibility of testimony or examination
reports that constitute
a privileged communication.
(H) The board shall investigate evidence that appears to
show that any person has violated any provision of this chapter
or
any rule of the board. Any person may report to the board any
information the person may have that appears to show a violation
of any provision of this chapter or rule of the board. In the
absence of bad faith, any person who reports such information or
who testifies before the board in any adjudication
conducted under
Chapter 119. of the Revised Code shall not be
liable for civil
damages as a result of the report or testimony.
(I) All of the following apply under this chapter with
respect to
the confidentiality of information:
(1) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil action, except that the board may disclose information to
law
enforcement officers and government entities investigating a
registered
nurse, licensed practical nurse, or dialysis
technician
or a person who may have engaged in the unauthorized practice of
nursing. No law enforcement officer or government entity with
knowledge of any information disclosed by the board pursuant to
this division
shall divulge the information to any other person or
government entity except
for the purpose of an adjudication by a
court or licensing or registration
board or officer to which the
person to whom the information relates is a
party.
(2) If an investigation requires a review of
patient
records,
the investigation and proceeding shall be conducted in
such a
manner as to protect patient confidentiality.
(3) All adjudications and investigations of
the board shall
be
considered civil actions for the purposes of section 2305.252
of
the Revised Code.
(4) Any board activity that involves continued
monitoring of
an individual as part of or following any disciplinary action
taken under this section shall be conducted in a manner that
maintains the
individual's confidentiality. Information received
or maintained by the board
with respect to the board's monitoring
activities is confidential and not
subject to discovery in any
civil action.
(J) Any action taken by the board under this section
resulting in a suspension from practice shall be accompanied by a
written statement of the conditions under which the person may be
reinstated to practice.
(K) When the board refuses to grant a license or
certificate
to an applicant, revokes a license or
certificate, or refuses to
reinstate a license or certificate, the board may
specify that its
action is permanent. An individual subject to permanent
action
taken by the board is forever ineligible to hold a license or
certificate of the type that was refused or revoked and the board
shall not
accept from the individual an application for
reinstatement of the license or
certificate or for a new license
or certificate.
(L) No unilateral surrender of a nursing license,
certificate of authority, or dialysis technician certificate
issued
under this
chapter shall be effective unless accepted by
majority vote of
the board. No application for a nursing license,
certificate
of authority, or dialysis technician certificate
issued under this
chapter may be withdrawn without a majority vote
of the board. The board's
jurisdiction to take disciplinary
action under this section is not removed or
limited when an
individual has a license or certificate
classified as inactive or
fails to renew a license or certificate.
(M) Sanctions shall not be imposed under
division (B)(24)(22) of
this section against any licensee who waives
deductibles and
copayments as follows:
(1) In compliance with the health benefit plan that
expressly allows such a practice. Waiver of the deductibles or
copayments shall be made only with the full knowledge and consent
of
the plan purchaser, payer, and third-party administrator.
Documentation of the consent shall
be made available to the board
upon request.
(2) For professional services rendered to any other person
licensed pursuant to this chapter to the extent allowed by this
chapter and the rules of the board.
(N)(1) Any person who enters
a prelicensure nursing
education program on or after June 1, 2003,
and who subsequently
applies under division (A) of section 4723.09
of the Revised Code
for licensure to practice as a
registered
nurse or as a licensed
practical nurse and any person who applies
under division (B) of
that section for license by endorsement to
practice nursing as a
registered nurse or as a licensed practical
nurse shall submit a
request to the bureau of
criminal
identification and investigation
for the bureau to conduct a
criminal records check of the
applicant and to send the results to
the board, in accordance with
section 4723.09 of the Revised Code.
The board shall refuse to grant a license to practice
nursing
as a registered nurse or as a licensed practical nurse
under
section 4723.09 of the Revised Code to a person who entered a
prelicensure nursing education program on or after June 1, 2003,
and applied under division (A) of section 4723.09 of the Revised
Code for the license or a person who applied under division (B) of
that section for the license, if the
criminal records check
performed in accordance with division (C) of
that section
indicates that the person has pleaded guilty to, been
convicted
of, or has had a judicial finding of guilt for violating
section
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02,
2907.03,
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code
or a
substantially similar law of another state, the United
States, or
another country.
(2) Any person who enters
a dialysis training program on or
after June 1, 2003,
and who
subsequently applies for a certificate
to practice as a
dialysis
technician shall submit a request to the
bureau of criminal
identification and
investigation for the bureau
to conduct a
criminal records check of the applicant and to send
the results to
the board, in accordance with section 4723.75 of
the Revised
Code.
The board shall refuse to issue a certificate to
practice as
a dialysis technician under section 4723.75 of the
Revised Code to
a person who entered a dialysis training program on or after June
1, 2003, and whose criminal records check performed in
accordance
with division (C) of that section indicates that the
person has
pleaded guilty to, been convicted of, or has had a
judicial
finding of guilt for violating section 2903.01, 2903.02,
2903.03,
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,
2911.01, or
2911.11 of the Revised Code or a substantially similar
law of
another state, the United States, or another country.
(O) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4723.34. (A) Reports to the board of nursing shall be
made as
follows:
(1) Every employer of registered nurses,
licensed practical
nurses, or dialysis technicians shall report
to the board of
nursing
the name of any current or former employee who holds a
nursing license or
dialysis technician certificate
issued under
this chapter who has engaged in conduct that would be grounds
for
disciplinary action
by the board under section 4723.28 of the
Revised
Code.
Every employer of certified community health workers shall report to the board the name of any current or former employee who holds a community health worker certificate issued under this chapter who has engaged in conduct that would be grounds for disciplinary action by the board under section 4723.86 of the Revised Code.
Every employer of medication aides shall report to the board the name of any current or former employee who holds a medication aide certificate issued under this chapter who has engaged in conduct that would be grounds for disciplinary action by the board under section 4723.652 of the Revised Code.
(2) Nursing associations shall report to the board the
name
of any registered nurse or licensed practical nurse and dialysis
technician associations shall report to the board the name of any
dialysis
technician who has
been investigated and found to
constitute a danger to the public
health, safety, and welfare
because of conduct that would be
grounds for disciplinary action
by the board under section
4723.28 of the Revised Code, except
that an
association is
not required to report the individual's
name if
the individual is
maintaining satisfactory participation
in a peer support program
approved by the board under rules
adopted under section 4723.07
of the Revised Code.
Community health worker associations shall report to the board the name of any certified community health worker who has been investigated and found to constitute a danger to the public health, safety, and welfare because of conduct that would be grounds for disciplinary action by the board under section 4723.86 of the Revised Code, except that an association is not required to report the individual's name if the individual is maintaining satisfactory participation in a peer support program approved by the board under rules adopted under section 4723.07 of the Revised Code.
Medication aide associations shall report to the board the name of any medication aide who has been investigated and found to constitute a danger to the public health, safety, and welfare because of conduct that would be grounds for disciplinary action by the board under section 4723.652 of the Revised Code, except that an association is not required to report the individual's name if the individual is maintaining satisfactory participation in a peer support program approved by the board under rules adopted under section 4723.69 of the Revised Code.
(3) If the prosecutor in a case described in divisions
(B)(3) to (5) and (4) of section 4723.28 of the Revised Code, or in a
case
where the trial court issued an order of dismissal upon
technical
or procedural grounds of a charge of a misdemeanor
committed in
the course of practice, a felony charge, or a charge
of gross
immorality or moral turpitude, knows or has reason to
believe that
the person charged is licensed under this chapter to
practice
nursing as a registered nurse or as a licensed practical
nurse or
holds a certificate issued under this chapter
to practice as a
dialysis technician, the prosecutor shall notify
the board of
nursing. With regard to certified community health workers and medication aides, if the prosecutor in a case involving a charge of a misdemeanor committed in the course of employment, a felony charge, or a charge of gross immorality or moral turpitude, including a case dismissed on technical or procedural grounds, knows or has reason to believe that the person charged holds a community health worker or medication aide certificate issued under this chapter, the prosecutor shall notify the board.
Each notification required by this division shall be made on forms
prescribed and provided by the board. The report
shall include
the name and address of the license or certificate
holder, the charge,
and the
certified court documents recording
the action.
(B) If any person fails to provide a report required by
this
section, the board may seek an order from a court of
competent
jurisdiction compelling submission of the report.
Sec. 4725.53. (A) The Ohio optical dispensers board, by a
majority vote of its members, may refuse to grant a license and,
in accordance with Chapter 119. of the Revised Code, may suspend
or revoke the license of a licensed dispensing optician or
impose
a fine or order restitution pursuant to division (B) of this
section on any of the following grounds:
(1) Conviction of a felony or a crime involving moral
turpitude or plea of guilty to a criminal offense that is substantially related to the practice of optical dispensing;
(2) Obtaining or attempting to obtain a license by fraud
or deception;
(3) Obtaining any fee or making any sale of an optical aid
by means of fraud or misrepresentation;
(4) Habitual indulgence in the use of controlled
substances or other habit-forming drugs, or in the use of
alcoholic liquors to an extent that affects professional
competency;
(5) Finding by a court of competent jurisdiction that the
applicant or licensee is incompetent by reason of mental illness
and no subsequent finding by the court of competency;
(6) Finding by a court of law that the licensee is guilty
of incompetence or negligence in the dispensing of optical aids;
(7) Knowingly permitting or employing a person whose
license has been suspended or revoked or an unlicensed person to
engage in optical dispensing;
(8) Permitting another person to use his the licensee's
license;
(9) Engaging in optical dispensing not pursuant to the
prescription of a licensed physician or licensed optometrist, but
nothing in this section shall prohibit the duplication or
replacement of previously prepared optical aids, except contact
lenses shall not be duplicated or replaced without a written
prescription;
(10) Violation of sections 4725.40 to 4725.59 of the
Revised Code;
(11) Waiving the payment of all or any part of a deductible or
copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers optical
dispensing services, would otherwise be required to pay if the
waiver is used as an enticement to a patient or group of
patients to receive health care services from that provider.
(12) Advertising that he the licensee will waive the payment of
all or any
part of a deductible or copayment that a patient, pursuant to a
health insurance or health care policy, contract, or plan that
covers optical dispensing services, would otherwise be required
to pay.
(B) The board may impose a fine of not more than five
hundred dollars for a first occurrence of an action that is
grounds for discipline under this section and of not less than
five hundred nor more than one thousand dollars for a subsequent
occurrence, or may order the licensee to make restitution to a
person who has suffered a financial loss as a result of the
licensee's failure to comply with sections 4725.40 to 4725.59 of
the Revised Code.
(C) Notwithstanding divisions (A)(11) and (12) of this section,
sanctions shall not be imposed against any licensee who waives
deductibles and copayments:
(1) In compliance with the health benefit plan that expressly
allows such a practice. Waiver of the deductibles or copays
shall be made only with the full knowlege and consent of the
plan purchaser, payer, and third-party administrator. Such
consent shall be made available to the board upon request.
(2) For professional services rendered to any other person
licensed pursuant to this chapter to the extent allowed by this
chapter and the rules of the board.
(D) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4727.15. (A) No person licensed as a pawnbroker under
this chapter, and
no agent, officer, or employee thereof, shall
violate this chapter.
(B) Upon the criminal conviction of a licensee or any
employee,
manager, officer, director, shareholder, member, or
partner of a licensee for
a
violation of this chapter, the
superintendent of financial institutions
may suspend the license
of the licensee without a prior hearing to protect the
public
interest and subsequently may act to revoke the license of the
licensee
pursuant to
chapter
Chapter 119. of the Revised Code.
(C) Upon the criminal conviction of a licensee or any
employee,
manager, officer, director, shareholder, member, or
partner of a licensee
under any section in Title XXIX of the
Revised Code or under federal law
for theft, receiving stolen
property, or money laundering, the superintendent
may suspend the
license of the licensee without a prior hearing to protect the
public
interest and subsequently may act to revoke the license of
the licensee
pursuant to
chapter
Chapter 119. of the Revised Code.
(D) Upon the criminal conviction of or a plea of guilty by a licensee under any
section
of Title XXIX of the Revised Code or under federal law for
a crime criminal offense substantially related to the profession of pawnbroker other
than theft, receiving stolen property, or money
laundering, the superintendent
may assess a penalty against the
licensee or act to revoke or suspend the
license of the licensee
pursuant to
chapter
Chapter 119. of the Revised Code.
(E) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4728.13. (A) No person, firm, partnership, corporation, or association,
and no agent, officer, or employee thereof, shall violate this chapter.
The division of financial institutions upon a criminal conviction for a violation of this chapter
shall revoke any license theretofore issued to the person, firm, partnership,
corporation, or association. The division also may revoke or suspend the
license of any licensee in accordance with section 4728.03 of the Revised Code
upon a criminal conviction of or plea of guilty by the licensee for any felony criminal offense or crime
involving moral turpitude substantially related to the profession of precious metals dealer.
(B) No person shall obstruct or refuse to permit any investigation conducted
under this chapter by the superintendent of
financial institutions, a person acting
on behalf of an agency or a political subdivision of this state, or a law
enforcement officer. All articles purchased by a person licensed under this
chapter shall be made promptly available for inspection by these officials.
(C) In any proceeding or action brought under this chapter, the burden of
proving an exemption from a requirement of this chapter falls on the person
claiming the benefit of the exemption.
(D) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4729.16. (A) The state board of pharmacy, after
notice and hearing in accordance with Chapter 119. of the
Revised Code, may revoke, suspend, limit, place on probation, or
refuse to grant or renew an identification card, or may impose a monetary
penalty or forfeiture not to
exceed in severity any fine designated under the Revised Code
for
a similar offense, or in the case of a violation of a section of
the Revised Code that does not bear a penalty, a monetary
penalty
or forfeiture of not more than five hundred dollars, if the board
finds a pharmacist or pharmacy intern:
(1) Guilty of a felony or gross immorality criminal offense substantially related to the practice of pharmacy;
(2) Guilty of dishonesty or unprofessional conduct in the
practice of pharmacy;
(3) Addicted to or abusing liquor or drugs or impaired
physically or mentally to such a degree as to render the
pharmacist or pharmacy intern unfit to
practice pharmacy;
(4) Has been convicted of a misdemeanor related to, or
committed in, the practice of pharmacy;
(5) Guilty of willfully violating, conspiring to violate,
attempting to violate, or aiding and abetting the violation of
any of the provisions of this chapter, sections 3715.52 to
3715.72 of the Revised Code, Chapter
2925. or 3719. of the Revised Code, or any rule adopted by
the board under those provisions;
(6)(5) Guilty of permitting anyone other than a pharmacist or
pharmacy intern to practice pharmacy;
(7)(6) Guilty of knowingly lending the pharmacist's or pharmacy
intern's name to an illegal
practitioner of pharmacy or having professional connection with
an illegal practitioner of pharmacy;
(8)(7) Guilty of dividing or agreeing to divide remuneration
made in the practice of pharmacy with any other individual,
including, but not limited to, any licensed health
professional authorized to prescribe drugs or
any owner, manager, or employee of a health care facility, residential care
facility, or nursing home;
(9)(8) Has violated the terms of a consult agreement entered into pursuant to
section 4729.39 of the Revised Code;
(10)(9) Has committed fraud, misrepresentation, or deception in
applying for or securing a license or identification card issued by the
board under this chapter or under Chapter 3715. or 3719. of the
Revised Code.
(B) Any individual whose identification card is revoked,
suspended, or refused, shall return the identification card
and
license to the offices of the state
board of
pharmacy within ten days after receipt of notice of such action.
(C) As used in this section:
(1) "Unprofessional conduct in the practice of pharmacy"
includes any of the following:
(1)(a) Advertising or displaying signs that promote dangerous
drugs to the public in a manner that is false or misleading;
(2)(b) Except as provided in section 4729.281 of the Revised Code, the sale
of any drug for which a prescription is required, without having received a
prescription
for the drug;
(3)(c) Knowingly dispensing medication pursuant to false
or forged prescriptions;
(4)(d) Knowingly failing to maintain
complete
and accurate records of all dangerous
drugs received or
dispensed in compliance with federal laws and regulations and
state laws and rules;
(5)(e) Obtaining any remuneration by fraud, misrepresentation, or
deception.
(2) A "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
(D) The board may suspend a license or identification card under
division (B) of section 3719.121 of the Revised
Code by utilizing
a telephone conference call to review the allegations and take a
vote.
(E) If, pursuant to an adjudication under Chapter 119.
of the Revised Code, the board has
reasonable cause to believe that a pharmacist or pharmacy intern is physically
or mentally
impaired, the board may require the pharmacist or pharmacy intern to submit to
a physical or mental
examination, or both.
Sec. 4729.53. (A) The board of pharmacy shall not
register any person as a wholesale distributor of dangerous drugs
unless the applicant for registration furnishes satisfactory
proof to the board of pharmacy that he the applicant meets all
of the following:
(1) That if the applicant has been convicted of a
violation of any federal, state, or local law relating to drug
samples, wholesale or retail drug distribution, or distribution
of controlled substances or of a felony criminal offense substantially related to the profession of wholesale distributor of dangerous drugs, or if a federal, state,
or local governmental entity has suspended or revoked any current
or prior license or registration of the applicant for the
manufacture or sale of any dangerous drugs, including controlled
substances, the applicant, to the satisfaction of the board,
assures that he the applicant has in place adequate safeguards
to prevent the recurrence of any such violations;
(2) The applicant's past experience in the manufacture or
distribution of dangerous drugs, including controlled substances,
is acceptable to the board.
(3) The applicant is equipped as to land, buildings,
equipment, and personnel to properly carry on the business of a
wholesale distributor of dangerous drugs, including providing
adequate security for and proper storage conditions and handling
for dangerous drugs, and is complying with the requirements under
this chapter and the rules adopted pursuant thereto for
maintaining and making available records to properly identified
board officials and federal, state, and local law enforcement
agencies.
(4) Personnel employed by the applicant have the
appropriate education or experience, as determined by the board,
to assume responsibility for positions related to compliance with
this chapter and the rules adopted pursuant thereto.
(5) The applicant has designated the name and address of a
person to whom communications from the board may be directed and
upon whom the notices and citations provided for in section
4729.56 of the Revised Code may be served.
(6) Adequate safeguards are assured to prevent the sale of
dangerous drugs to any person other than those named in division
(B) of section 4729.51 of the Revised Code.
(7) Any other requirement or qualification the board, by
rule adopted in accordance with Chapter 119. of the Revised Code,
considers relevant to and consistent with the public safety and
health.
(B) The board may refuse to register or renew the
registration certificate of any person if the board determines
that the granting of the registration certificate or its renewal
is not in the public interest.
(C) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4729.56. (A) In accordance with Chapter 119. of the
Revised Code, the board of pharmacy may suspend, revoke, or
refuse to renew any registration certificate issued to a
wholesale distributor of dangerous drugs pursuant to section
4729.52 of the Revised Code or may impose a monetary penalty or
forfeiture not to exceed in severity any fine designated under
the Revised Code for a similar offense or one thousand dollars if
the acts committed are not classified as an offense by the
Revised Code for any of the following causes:
(1) Making any false material statements in an application
for registration as a wholesale distributor of dangerous drugs;
(2) Violating any federal, state, or local drug law; any
provision of this chapter or Chapter 2925., 3715., or 3719. of
the Revised Code; or any rule of the board;
(3) A conviction of a felony or plea of guilty to a criminal offense that is substantially related to the practice of pharmacy;
(4) Ceasing to satisfy the qualifications for registration
under section 4729.53 of the Revised Code or the rules of the
board.
(B) Upon the suspension or revocation of the registration
certificate of any wholesale distributor of dangerous drugs, the
distributor shall immediately surrender his the distributor's
registration certificate to the board.
(C) If the board suspends, revokes, or refuses to renew
any registration certificate issued to a wholesale distributor of
dangerous drugs and determines that there is clear and convincing
evidence of a danger of immediate and serious harm to any person,
the board may place under seal all dangerous drugs owned by or in
the possession, custody, or control of the affected wholesale
distributor of dangerous drugs. Except as provided in this
division, the board shall not dispose of the dangerous drugs
sealed under this division until the wholesale distributor of
dangerous drugs exhausts all of his the distributor's appeal
rights under Chapter 119. of the Revised Code. The court involved in such an
appeal
may order the board, during the pendency of the appeal, to sell
sealed dangerous drugs that are perishable. The board shall
deposit the proceeds of the sale with the court.
(D) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4731.22. (A) The state medical board,
by an
affirmative vote of not fewer than six of its members,
may revoke
or may
refuse to grant a certificate to a person found by the
board to
have committed fraud during the administration of the
examination for a certificate to practice or to have
committed
fraud, misrepresentation, or deception in applying for
or securing
any certificate to practice or certificate of
registration issued
by the board.
(B) The board, by an affirmative
vote of not fewer than
six
members, shall, to the extent permitted by law, limit,
revoke, or
suspend an individual's certificate to
practice, refuse to
register an individual, refuse
to reinstate a certificate, or
reprimand or place on
probation the
holder of a certificate for
one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice
or
certificate of
registration to be used by a person, group, or
corporation when
the individual concerned is not actually
directing the treatment
given;
(2) Failure to maintain
minimal standards applicable to the
selection or administration of drugs, or failure to employ
acceptable
scientific methods in the selection of drugs or other
modalities
for treatment of disease;
(3) Selling, giving away, personally furnishing,
prescribing, or
administering drugs for other than legal and
legitimate therapeutic purposes
or a plea of guilty to, a judicial
finding of guilt of, or a
judicial finding of eligibility for
intervention in
lieu of conviction
of, a violation of any federal
or state law regulating the possession,
distribution, or use of
any drug;
(4) Willfully betraying a professional confidence.
For purposes of this division, "willfully betraying a
professional
confidence" does not include providing any
information, documents, or reports
to a child fatality review
board under sections 307.621 to 307.629 of the
Revised Code and
does not include the making of a report of an
employee's use of a
drug of abuse, or a report of a condition of
an employee other
than one involving the use of a drug of abuse,
to the employer of
the employee as described in division (B) of
section 2305.33 of
the Revised Code.
Nothing in this division
affects the immunity
from
civil liability conferred by that section upon a physician
who
makes either type of report in accordance with division (B) of
that section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section 2305.33 of
the Revised Code.
(5) Making a false, fraudulent,
deceptive, or misleading
statement
in the solicitation of or advertising
for patients; in
relation
to the practice of medicine and surgery, osteopathic
medicine
and surgery, podiatric medicine and surgery, or a
limited branch of medicine;
or in securing or attempting to secure
any certificate
to practice or certificate of registration issued
by the board.
As used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive
because
of a failure to disclose material facts, is intended or
is likely
to create false or unjustified expectations of
favorable results,
or includes representations or implications
that in reasonable
probability will cause an ordinarily prudent
person to
misunderstand or be deceived.
(6) A departure from, or the failure to conform to,
minimal
standards of care of similar practitioners under the same
or
similar circumstances, whether or not actual injury to a
patient
is established;
(7) Representing, with the purpose of obtaining
compensation
or other advantage as personal gain or for
any other
person, that
an incurable disease or injury, or other incurable
condition, can
be permanently cured;
(8) The obtaining of, or attempting to obtain, money or
anything of value by fraudulent misrepresentations in the course
of practice;
(9) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a felony criminal offense that is substantially related to the practice of medicine;
(10) Commission of an act that constitutes a felony in
this
state a criminal offense that is substantially related to the practice of medicine, regardless of the jurisdiction in which the act was
committed;
(11) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor committed in the course of practice;
(12) Commission of an act in the course of practice that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(13) A plea of guilty to, a judicial finding of guilt
of, or
a judicial finding of eligibility for
intervention in lieu of
conviction for, a misdemeanor involving moral turpitude;
(14) Commission of an act involving moral turpitude that
constitutes a
misdemeanor
in this state, regardless of the
jurisdiction in which the act was
committed;
(15) Violation of the conditions of limitation placed by
the
board upon a certificate to practice;
(16)(12) Failure to pay license renewal fees specified in this
chapter;
(17)(13) Except as authorized in section 4731.31 of the Revised
Code,
engaging in the division of fees
for referral of patients,
or the
receiving of a thing of value in return for a specific
referral of a patient
to utilize a particular service or business;
(18)(14) Subject to section 4731.226 of the Revised Code,
violation of
any provision of a code of ethics
of the American
medical association, the American osteopathic
association, the
American podiatric medical association, or any
other national
professional organizations that
the board specifies by
rule. The
state medical board shall
obtain and keep on file current copies
of the codes of ethics of
the various national professional
organizations. The
individual whose certificate is being
suspended or
revoked
shall not be found to have violated any
provision of a code of
ethics of an organization not appropriate
to the
individual's profession.
For purposes of this division, a "provision of a code
of
ethics of a national professional organization" does not
include
any provision that would preclude the making of a
report by a
physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(19)(15) Inability to practice according to acceptable and
prevailing standards of care by reason of mental illness or
physical illness, including, but not limited to, physical
deterioration that adversely affects cognitive, motor, or
perceptive skills.
In enforcing this division, the board, upon a
showing of a
possible violation, may compel any individual
authorized to
practice by this chapter or
who has
submitted an application
pursuant to this chapter
to submit to a mental examination,
physical
examination, including an HIV test, or both a mental
and
a physical
examination. The expense of the
examination is the
responsibility of the individual compelled to be
examined.
Failure
to submit to a mental or physical examination
or consent
to an HIV
test ordered by the board
constitutes an admission of
the
allegations against the
individual
unless the failure is due
to
circumstances beyond the individual's control,
and a default
and
final order may be entered without the taking
of testimony or
presentation of evidence. If the board finds an
individual unable
to practice because of the reasons
set forth in
this division, the
board shall require the individual
to submit to
care, counseling,
or treatment by physicians approved or
designated by the board, as
a condition for initial, continued,
reinstated, or renewed
authority to practice. An
individual
affected under this division
shall be
afforded an opportunity to demonstrate to the board the
ability to
resume practice in compliance with acceptable and
prevailing
standards under the provisions of the individual's
certificate.
For the
purpose of this division, any individual who
applies for or receives a certificate to
practice under this
chapter accepts the privilege of
practicing in
this state and, by
so doing, shall be
deemed to have given consent to submit to a
mental or
physical examination when directed to do so in writing
by the
board, and to have waived all objections to the
admissibility of
testimony or examination reports that constitute
a privileged
communication.
(20)(16) Except when civil penalties are imposed under section
4731.225
or 4731.281 of the Revised Code, and subject to section
4731.226 of the Revised Code, violating or
attempting to violate,
directly or indirectly, or assisting in or
abetting the violation
of, or conspiring to violate, any
provisions of this chapter or
any rule promulgated by the board.
This division does not apply to a violation or attempted
violation of, assisting in or abetting the violation of, or a
conspiracy to violate, any provision of this chapter or any rule
adopted by the board that would preclude the making
of a
report by
a physician of an employee's use of a drug of abuse, or
of a
condition of an employee other than one involving the use of
a
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing
in
this division affects the
immunity from civil liability conferred
by that section upon a
physician who makes either type of report
in accordance with
division (B) of that section. As used in this
division,
"employee," "employer," and "physician" have the same
meanings as
in section 2305.33 of the Revised Code.
(21)(17) The violation of section 3701.79 of the Revised Code or of any abortion rule adopted by the
public health council pursuant to section 3701.341 of the Revised
Code;
(22)(18) Any of the following actions taken by the agency
responsible for regulating the practice of medicine and surgery,
osteopathic
medicine and surgery, podiatric medicine and surgery,
or the limited branches of medicine in
another jurisdiction, for
any reason other than the
nonpayment of fees: the
limitation,
revocation, or suspension of an individual's license
to practice;
acceptance of an
individual's license surrender; denial of a
license; refusal to
renew or reinstate
a license; imposition of
probation; or
issuance of an order of censure or other reprimand;
(23)(19) The violation of section 2919.12 of the Revised Code
or
the performance or inducement of an abortion upon a pregnant
woman
with actual knowledge that the conditions specified in
division
(B) of section 2317.56 of the Revised Code have not been
satisfied
or with a heedless indifference as to whether those
conditions
have been satisfied, unless an affirmative defense as
specified in
division (H)(2) of that section would apply in a
civil action
authorized by division (H)(1) of that section;
(24)(20) The revocation, suspension, restriction, reduction,
or
termination of clinical privileges by the United
States department
of
defense or department of veterans
affairs or the termination or
suspension of a certificate of
registration to prescribe drugs by
the drug enforcement
administration of the United States
department of
justice;
(25)(21) Termination or suspension from participation in the
medicare or
medicaid
programs by the department of health and
human services or other
responsible agency for any act or acts
that also would
constitute a violation of division (B)(2), (3),
(6), (8), or (19)(15)
of this section;
(26)(22) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual
or
excessive use or abuse of drugs, alcohol, or other substances
that
impair ability to practice.
For the purposes of this division, any individual authorized
to practice
by this chapter accepts
the privilege of
practicing in
this state subject to supervision by the board. By
filing an
application for or
holding a
certificate to practice under this
chapter, an
individual shall
be deemed to have given consent to
submit to a mental or
physical examination when ordered to do so
by the board in
writing, and to have waived all objections to the
admissibility
of testimony or examination reports that constitute
privileged
communications.
If it has reason to believe that any individual authorized to
practice by
this chapter or any applicant for
certification to
practice suffers such impairment, the board may compel
the
individual to submit to a mental or physical examination, or
both.
The expense of the examination is the
responsibility of the
individual
compelled to be examined. Any
mental or physical
examination required under this division shall
be undertaken by a
treatment provider or physician who is qualified to
conduct the
examination and who is chosen by the
board.
Failure to submit to a mental or physical
examination ordered
by the board constitutes an admission of the
allegations against
the individual unless the failure is due to
circumstances beyond
the individual's control, and a default and
final order may be
entered without the taking of testimony or
presentation of
evidence. If the board determines that the
individual's ability
to practice is impaired, the board shall
suspend the individual's
certificate or deny the
individual's application and shall require
the individual, as a condition for initial, continued,
reinstated,
or renewed certification to practice, to
submit to treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the
impaired
practitioner shall
demonstrate to the board the ability
to resume
practice in
compliance with acceptable and prevailing standards of
care under
the provisions of the practitioner's certificate. The
demonstration shall
include, but shall not be limited to, the
following:
(a) Certification from a treatment provider approved under
section 4731.25 of the Revised Code that the
individual has
successfully completed any required inpatient treatment;
(b) Evidence of continuing full compliance with an
aftercare
contract or consent agreement;
(c) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing
standards of care. The reports shall be made by
individuals or
providers approved by the board for making the
assessments and
shall describe the basis for their determination.
The board may reinstate a certificate suspended under
this
division after that demonstration and after the individual has
entered into a written consent agreement.
When the impaired practitioner resumes practice, the board
shall
require continued
monitoring of the individual. The
monitoring shall include, but not be
limited to, compliance with
the written consent agreement entered
into before reinstatement or
with conditions imposed by board
order after a hearing, and, upon
termination of the consent
agreement, submission to the board for
at least two years of
annual written progress reports made under
penalty of perjury
stating whether the individual has maintained
sobriety.
(27)(23) A second or subsequent violation of section 4731.66
or
4731.69 of the Revised Code;
(28)(24) Except as provided in division (N) of this section:
(a) Waiving the payment of all or any part of a
deductible
or copayment that a patient, pursuant to a health
insurance or
health care policy, contract, or plan that covers
the individual's
services, otherwise would be
required
to pay if the waiver is used
as an enticement to a patient or group of
patients to receive
health care services from that
individual;
(b) Advertising that the individual will waive the
payment
of all or
any part of a deductible or copayment that a patient,
pursuant to
a health insurance or health care policy, contract, or
plan that
covers the individual's services, otherwise would
be
required to pay.
(29)(25) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of
the Revised Code;
(30)(26) Failure to provide notice to, and receive
acknowledgment of the
notice from, a patient when required by
section 4731.143 of the Revised Code
prior to providing
nonemergency professional services, or failure to maintain
that
notice in the patient's file;
(31)(27) Failure of a physician supervising a physician
assistant to
maintain supervision in accordance with the
requirements of Chapter
4730. of the Revised Code and the rules
adopted under that chapter;
(32)(28) Failure of a physician or podiatrist to enter into a
standard care
arrangement with a clinical nurse specialist,
certified nurse-midwife, or
certified nurse practitioner with whom
the physician or podiatrist is in
collaboration pursuant to
section 4731.27 of the Revised Code
or failure to fulfill the
responsibilities of collaboration after entering
into a standard
care arrangement;
(33)(29) Failure to comply with the terms of a consult agreement
entered into with a pharmacist pursuant to section 4729.39 of the
Revised Code;
(34)(30) Failure to cooperate in an investigation conducted by
the board under division (F) of this section, including
failure to
comply with a subpoena or order issued by the board
or failure to
answer truthfully a question presented by the
board at a
deposition or in written interrogatories, except that
failure to
cooperate with an investigation shall not constitute
grounds for
discipline under this section if a court of
competent jurisdiction
has issued an order that either quashes a
subpoena or permits the
individual to withhold the testimony or
evidence in issue;
(35)(31) Failure to supervise an acupuncturist in accordance
with
Chapter 4762. of the Revised Code and the board's rules for
supervision of an
acupuncturist;
(36)(32) Failure to supervise an anesthesiologist assistant in
accordance with
Chapter 4760. of the Revised Code and the board's
rules for supervision of an
anesthesiologist assistant;
(37)(33) Assisting suicide as defined in section 3795.01 of the
Revised Code.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under Chapter 119. of the Revised Code, except that
in lieu of an
adjudication, the board may enter into a consent
agreement with an
individual to resolve an allegation of a
violation of this chapter or any rule
adopted under it. A consent
agreement, when ratified by an
affirmative vote of not fewer than
six members of the board,
shall constitute the findings and order
of the board with
respect to the matter addressed in the
agreement. If the board
refuses to ratify a consent agreement,
the admissions and
findings contained in the consent agreement
shall be of no force
or effect.
If the board takes disciplinary action against an individual
under division (B) of this section for a second or subsequent plea
of guilty to, or judicial finding of guilt of, a violation of
section 2919.123 of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's certificate to
practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's certificate to practice. Any consent agreement
entered into under this division with an individual that pertains
to a second or subsequent plea of guilty to, or judicial finding
of guilt of, a violation of that section shall provide for a
suspension of the individual's certificate to practice for a
period of at least one year or, if determined appropriate by the
board, a more serious sanction involving the individual's
certificate to practice.
(D) For purposes of divisions division (B)(10), (12), and (14) of
this
section, the commission of the act may be established by a
finding by the board, pursuant to an adjudication under
Chapter
119. of the Revised Code, that the individual committed the act.
The board
does not have jurisdiction under those divisions that division if
the
trial court renders a final judgment in the individual's favor and
that judgment is based upon an
adjudication on
the merits. The
board has jurisdiction under those
divisions that division if the trial court
issues an order of
dismissal upon technical or procedural grounds.
(E) The sealing of conviction records by any court shall
have
no effect upon a prior board order entered under this section
or upon the board's jurisdiction to take action under this section
if,
based upon a plea of guilty,
a judicial finding of guilt, or a
judicial finding of eligibility for intervention in
lieu of
conviction, the board issued a notice of opportunity for
a hearing
prior to the court's order to seal the records. The
board shall
not be required to seal, destroy, redact, or
otherwise modify its
records to reflect the court's sealing of
conviction records.
(F)(1) The board shall investigate evidence that appears
to
show that a person has violated any provision of this
chapter or
any rule adopted under it. Any person may report to the board
in
a signed writing
any information that the person may have that
appears to show a
violation of any provision of this chapter or
any rule
adopted under it. In the absence of bad
faith, any
person who reports information of that nature or who testifies
before the board in any adjudication conducted under
Chapter 119.
of the Revised Code shall not be liable
in damages in a civil
action as a result of the report or
testimony. Each
complaint or
allegation of a violation received by the
board shall be assigned
a case number and shall be recorded by
the board.
(2) Investigations of alleged violations of this chapter or
any rule
adopted under it shall
be supervised by the supervising
member elected by the board in
accordance with section 4731.02 of
the Revised Code and by the
secretary as provided in section
4731.39 of the Revised Code. The president
may designate another
member of the board to
supervise the investigation in place of the
supervising member. No member of
the board who supervises the
investigation of a case
shall participate in further adjudication
of the case.
(3) In investigating a possible violation of
this chapter or
any rule adopted
under this chapter, the board
may administer
oaths, order the taking of depositions, issue
subpoenas, and
compel the attendance of witnesses and production
of books,
accounts, papers, records, documents, and testimony, except
that a
subpoena for patient record information shall not be issued
without
consultation with the attorney general's office and
approval of
the secretary and supervising member
of the board.
Before issuance of a
subpoena for patient record information, the
secretary and supervising member shall
determine
whether there is
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that
the records
sought are relevant
to the alleged violation and
material to the investigation.
The subpoena may apply only to
records that cover a
reasonable period of time surrounding the
alleged violation.
On failure to comply with any subpoena
issued by the board
and after reasonable notice to the person
being subpoenaed, the
board may move for an order compelling the
production of persons
or records pursuant to the Rules of Civil
Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the
board.
Service of a subpoena issued by the board may be
made by
delivering a copy of the subpoena to the
person named therein,
reading it to the person, or leaving it at
the person's usual
place of residence. When the person being
served is a person
whose practice is authorized by this chapter,
service of the
subpoena may be made by certified mail,
restricted delivery,
return receipt requested, and the subpoena
shall be deemed served
on the date delivery is made or the date
the person refuses to
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the
same fees as a
sheriff. Each witness who
appears before the board
in
obedience to a subpoena shall receive the fees
and mileage
provided for witnesses in civil cases in the courts
of common
pleas.
(4) All hearings and investigations of the board shall be
considered civil actions for the purposes of section 2305.252 of
the Revised Code.
(5) Information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil
action.
The board shall conduct all investigations and proceedings
in
a manner that protects the
confidentiality of patients and persons
who file complaints with the
board. The
board shall not make
public the names or any other identifying
information about
patients or complainants unless proper consent is
given or, in the
case of a patient, a
waiver of the patient privilege exists under
division (B) of
section 2317.02 of the Revised Code, except that
consent
or a waiver of that nature is not required if the board
possesses reliable and
substantial evidence that no bona fide
physician-patient
relationship exists.
The board may
share any information it receives pursuant to
an investigation, including
patient records and patient record
information, with law
enforcement agencies, other licensing
boards, and other
governmental
agencies that are prosecuting,
adjudicating, or investigating alleged
violations of statutes or
administrative rules. An agency
or board that receives the
information shall comply with the same
requirements regarding
confidentiality as those with which the state medical
board must
comply, notwithstanding any conflicting provision
of the Revised
Code or procedure
of the agency or board that applies when it is
dealing with
other information in its possession. In a judicial
proceeding,
the information
may
be admitted into evidence only in
accordance with
the Rules of Evidence, but the court shall require
that appropriate measures are taken to ensure that
confidentiality
is maintained with respect to any part of the information that
contains names or other identifying information about patients or
complainants
whose confidentiality was protected by the state
medical board when the
information was in the board's possession.
Measures to ensure confidentiality
that may be taken by the court
include sealing its records or deleting
specific information
from
its records.
(6) On a quarterly basis, the board shall prepare a report
that documents the disposition of all cases during the preceding
three months. The report shall contain the following information
for each case with which the board has completed its activities:
(a) The case number assigned to the complaint or alleged
violation;
(b) The type of certificate to practice, if
any, held by the
individual against whom the complaint is
directed;
(c) A description of the allegations contained in the
complaint;
(d) The disposition of the case.
The report shall state how many cases are still pending
and
shall be prepared in a manner that
protects the identity
of each
person involved in each case. The report shall be a
public record
under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that
there is clear and convincing evidence that
an individual has
violated division (B) of this section and that the
individual's
continued practice presents a
danger of
immediate and serious harm
to the public, they may recommend that
the board suspend the
individual's
certificate to practice without a
prior hearing.
Written allegations shall be prepared for consideration by the
board.
The board, upon review of those allegations and by an
affirmative vote
of not fewer than six of its members, excluding
the secretary and
supervising member, may suspend a certificate
without a prior
hearing. A telephone conference call may be
utilized for
reviewing the allegations and taking the vote on the
summary suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be subject to
suspension
by
the court during pendency of any appeal filed under section
119.12
of the Revised Code. If the individual
subject to the summary
suspension requests
an adjudicatory hearing by the board, the date
set for the
hearing shall be within fifteen days, but not earlier
than seven
days, after the individual
requests the hearing,
unless
otherwise agreed to by both the board and the individual.
Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code becomes effective. The
board
shall issue its final adjudicative order within sixty days
after
completion of its hearing. A failure to issue the order
within
sixty days shall result in dissolution of the summary
suspension
order but shall not invalidate any subsequent, final
adjudicative
order.
(H) If the board takes action under division
(B)(9), (11),
or (13) of this section and the judicial
finding of guilt, guilty
plea, or judicial finding of
eligibility for intervention in lieu
of conviction is
overturned on appeal,
upon
exhaustion of the
criminal appeal, a petition for reconsideration
of the order may
be filed with the board along with appropriate
court documents.
Upon receipt of a petition of that
nature and supporting court
documents, the board shall reinstate the
individual's certificate
to practice. The
board may then hold an adjudication under
Chapter 119. of the Revised Code to
determine whether the
individual
committed
the act in question. Notice of an
opportunity for a hearing
shall be given in accordance with
Chapter 119. of the Revised Code. If the
board finds, pursuant to
an adjudication held under this division,
that the individual
committed
the act or if
no hearing is requested, the board may
order any of the sanctions
identified under division (B) of this
section.
(I) The certificate to practice issued to an individual
under
this chapter and the individual's practice in this
state are
automatically suspended as of the date of the individual's second
or subsequent plea of guilty to, or judicial finding of guilt of,
a violation of section 2919.123 of the Revised Code, or the date the individual pleads
guilty to, is found by a judge
or jury to be guilty of, or is
subject to a judicial
finding of eligibility for intervention in
lieu of conviction in this state
or treatment or intervention in
lieu of conviction in another
jurisdiction for
any of the
following
criminal offenses in this state or a
substantially
equivalent criminal offense in another jurisdiction: aggravated
murder, murder, voluntary
manslaughter, felonious assault,
kidnapping, rape, sexual
battery, gross sexual imposition,
aggravated arson, aggravated
robbery, or aggravated burglary.
Continued
practice after suspension shall be considered practicing
without a certificate.
The board shall notify the
individual subject to the
suspension by certified mail or in person in
accordance with
section 119.07 of the Revised Code. If an
individual whose
certificate is automatically suspended under this
division fails to make a
timely request for an adjudication under
Chapter 119. of the
Revised Code,
the board shall do whichever of the
following is applicable:
(1) If the automatic suspension under this division is for a
second or subsequent plea of guilty to, or judicial finding of
guilt of, a violation of section 2919.123 of the Revised Code, the
board shall enter an order suspending the individual's certificate
to practice for a period of at least one year or, if determined
appropriate by the board, imposing a more serious sanction
involving the individual's certificate to practice.
(2) In all circumstances in which division (I)(1) of this section does not
apply, enter a final order permanently
revoking the
individual's certificate to practice.
(J) If the board is required by
Chapter 119. of the Revised
Code to give notice of an
opportunity for a hearing and if the
individual subject to the notice
does not timely request a
hearing
in accordance with section
119.07 of the Revised Code, the board
is not required
to hold a hearing, but may adopt, by an
affirmative vote of
not fewer than
six of its members, a final
order that contains the board's
findings. In that final order,
the board may order any of the
sanctions identified under division
(A) or (B) of this section.
(K) Any action taken by the board under division (B) of
this
section resulting in a suspension from practice shall be
accompanied by a written statement of the conditions under which
the individual's certificate to practice may be
reinstated. The
board
shall adopt rules governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative vote of
not fewer than six members of the board.
(L) When the board
refuses to grant a certificate to an
applicant,
revokes an individual's
certificate to practice,
refuses to register an applicant, or
refuses to reinstate an
individual's certificate to practice,
the board may specify that
its action is permanent. An
individual subject to a permanent
action taken by the board is
forever thereafter ineligible to hold
a certificate to practice
and the board shall not accept an
application for reinstatement of the
certificate or for issuance
of a new certificate.
(M) Notwithstanding any other provision of the Revised
Code,
all of the following apply:
(1) The surrender of a certificate issued under this
chapter
shall not be effective
unless or until accepted by the board.
Reinstatement of a
certificate surrendered to the board requires
an affirmative vote
of not fewer than six members of the board.
(2) An application for a certificate made
under the
provisions of this chapter
may not be withdrawn without approval
of the board.
(3) Failure by an individual to renew a certificate
of
registration in accordance with this chapter shall not remove or
limit the
board's
jurisdiction to take any disciplinary action
under this section
against the individual.
(N) Sanctions shall not be imposed under division
(B)(28)(24) of
this section against any person who
waives deductibles and
copayments as follows:
(1) In compliance with the health benefit plan that
expressly allows such a practice. Waiver of the deductibles or
copayments shall be made only with the full knowledge and consent
of
the plan purchaser, payer, and third-party administrator.
Documentation of
the consent shall be made available to the board
upon request.
(2) For professional services rendered to any other person
authorized to practice pursuant to this chapter,
to the extent
allowed by this
chapter and rules adopted by the board.
(O) Under the board's investigative duties described in
this
section and subject to division (F) of this section, the
board
shall
develop and implement a quality intervention program
designed to improve
through remedial
education the clinical and
communication skills of individuals authorized
under this chapter
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatric medicine and surgery. In
developing and
implementing the quality intervention program, the board may do
all of the following:
(1) Offer in appropriate cases as determined by the board an
educational
and assessment program pursuant to an investigation
the
board conducts under this section;
(2) Select providers of educational and assessment services,
including a
quality intervention program panel of case reviewers;
(3) Make referrals to educational and
assessment service
providers and
approve individual educational programs recommended
by those providers. The
board shall monitor the progress of each
individual
undertaking a recommended individual educational
program.
(4) Determine what constitutes successful completion of an
individual educational program and require further monitoring of
the
individual who completed the program or other
action that the
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the
Revised Code to
further
implement the quality intervention
program.
An individual who participates in an individual
educational
program pursuant
to this division shall pay the financial
obligations arising from that
educational program.
(P) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4731.224. (A) Within sixty days after the
imposition
of any formal disciplinary action
taken by any health care
facility, including a hospital,
health care facility operated by a
health insuring
corporation, ambulatory surgical center, or
similar
facility, against any individual holding a
valid
certificate to practice issued pursuant to this chapter, the chief
administrator or executive officer of the facility shall report
to
the state medical board the name of the
individual, the action
taken by the facility, and a summary of the
underlying facts
leading to the action taken. Upon request, the board shall
be
provided certified copies of the patient records that
were the
basis for the facility's action. Prior to release to
the board,
the summary shall be approved by the peer review
committee that
reviewed the case or by the governing board
of
the facility. As
used in this division, "formal disciplinary
action" means any
action
resulting in the revocation,
restriction, reduction, or
termination of clinical privileges for
violations of professional
ethics, or for reasons of medical
incompetence, medical
malpractice, or drug or alcohol abuse.
"Formal disciplinary
action" includes a summary action,
an action that takes effect
notwithstanding any appeal rights
that may exist, and an action
that results in an individual
surrendering clinical privileges
while under investigation and
during proceedings regarding the
action being taken or in return
for not being investigated or
having proceedings held. "Formal
disciplinary action" does not
include any
action taken
for the sole reason of failure to
maintain records on a timely
basis or failure to attend staff or
section meetings.
The filing or nonfiling of a report with the board,
investigation by the board, or any disciplinary action taken by
the board, shall not preclude any action by a health care
facility
to suspend, restrict, or revoke
the individual's clinical
privileges.
In the absence of fraud or bad faith, no individual or entity
that provides
patient records to the board shall be liable in
damages to any
person as a result of providing the records.
(B) If any individual authorized to practice under
this
chapter or any professional
association or society of such
individuals
believes that a violation of any provision of this
chapter,
Chapter 4730., 4760., or 4762. of the Revised Code, or
any
rule of the
board has
occurred, the individual, association,
or
society shall report to the board the information upon
which
the belief is based. This division does not require any treatment
provider approved by the board under section 4731.25 of
the
Revised Code or any employee, agent, or representative of
such a
provider to make reports with respect to an impaired
practitioner
participating in treatment or aftercare for
substance abuse as
long as the
practitioner maintains participation in accordance
with the
requirements of section 4731.25 of the Revised Code, and
as
long as the treatment provider
or employee, agent, or
representative of the provider has no reason to
believe that the
practitioner has violated any provision of this
chapter or any
rule adopted under it, other than the provisions of
division
(B)(26)(22) of section
4731.22 of the Revised Code. This division
does not require
reporting by any member of an impaired
practitioner committee
established by a health care facility or by
any
representative or agent of a committee or program sponsored by
a professional
association or society of
individuals authorized to
practice under this chapter
to provide peer
assistance to
practitioners with substance abuse problems with
respect to a
practitioner who has been referred for examination
to a treatment
program approved by the board under section
4731.25 of the Revised
Code if the practitioner cooperates with
the referral for
examination and with any determination that the
practitioner
should enter treatment and as long as the committee member,
representative, or agent has no reason to believe that the
practitioner has ceased to participate in the treatment program
in
accordance with section 4731.25 of the Revised Code or has
violated any provision of this chapter or any rule
adopted under
it,
other than the provisions
of division (B)(26)(22) of section
4731.22 of the Revised Code.
(C) Any professional association or society composed
primarily of
doctors
of medicine and surgery, doctors of
osteopathic medicine and
surgery, doctors of podiatric medicine
and surgery, or
practitioners of limited
branches of medicine that
suspends or
revokes an individual's membership for violations
of
professional ethics, or for reasons of professional
incompetence
or professional malpractice, within sixty days after
a final
decision shall report to the board, on forms prescribed
and
provided by the board, the name of the individual,
the action
taken by the professional organization, and a
summary of the
underlying facts
leading to the action taken.
The filing of a report with the board or decision not to file
a report,
investigation by the board, or any disciplinary action
taken by
the board, does not preclude a professional organization
from
taking disciplinary action against an individual.
(D) Any insurer providing professional liability insurance
to an
individual authorized to practice under this chapter, or any
other entity
that seeks to indemnify the professional liability of
such an
individual, shall notify the board within thirty days
after the
final disposition of any written claim for damages where
such disposition
results in a payment exceeding twenty-five
thousand dollars. The notice shall contain the
following
information:
(1) The name and address of the person submitting the
notification;
(2) The name and address of the insured who is the subject
of the claim;
(3) The name of the person filing the written claim;
(4) The date of final disposition;
(5) If applicable, the identity of the court in which the
final disposition of the claim took place.
(E) The board may investigate possible violations of this
chapter or the rules adopted under it that are brought to its
attention as a result of the
reporting
requirements of this
section, except that the board shall
conduct an investigation if a
possible violation involves repeated
malpractice. As
used in this
division, "repeated malpractice" means three or
more claims for
medical malpractice within the previous five-year
period, each
resulting in a judgment or settlement in excess of
twenty-five
thousand dollars in favor of the claimant, and each
involving
negligent conduct by the practicing
individual.
(F) All summaries, reports, and records received and
maintained by the board pursuant to this section shall be held in
confidence and shall not be subject to discovery or introduction
in evidence in any federal or state civil action involving a
health care professional or facility arising out of matters
that
are the subject of the reporting required by this
section. The
board may use the
information obtained only as the basis for an
investigation, as
evidence in a disciplinary hearing against an
individual whose practice is regulated under this chapter, or in
any
subsequent trial or appeal of a
board action or order.
The board may disclose the summaries and reports
it receives
under this section only to health care
facility committees within
or outside this state
that are involved in credentialing or
recredentialing the individual or in reviewing the
individual's
clinical privileges. The board shall indicate whether or not
the
information has been verified. Information transmitted by
the
board shall be subject to the same confidentiality provisions
as
when maintained by the board.
(G) Except for reports filed by an individual
pursuant to
division (B) of this section, the board shall send a copy
of any
reports or summaries it receives
pursuant to this section to the
individual who is the subject of the reports
or
summaries. The
individual shall have the
right to file a statement with the board
concerning the correctness or
relevance of the information. The
statement shall at all
times accompany that part of the record in
contention.
(H) An individual or entity that,
pursuant to this section,
reports to the board or refers an
impaired practitioner to a
treatment provider approved by the
board under section 4731.25 of
the Revised Code
shall not be subject to suit for
civil damages as
a
result of the report, referral, or provision of the information.
(I) In the absence of fraud or bad faith, no professional
association or society of individuals authorized to practice under
this chapter that
sponsors a committee or program to provide peer
assistance to
practitioners with substance abuse problems, no
representative or
agent of such a committee or program, and no
member of the state
medical board shall be held liable in damages
to any person by
reason of actions taken to refer a practitioner
to a treatment
provider approved under section 4731.25 of the
Revised Code for
examination or treatment.
Sec. 4731.225. If the holder of a certificate issued under this
chapter violates division (A), (B), or (C) of section 4731.66 or section
4731.69 of the Revised Code, or if any other person violates division (B) or
(C) of section 4731.66 or
section 4731.69 of the Revised Code, the state medical board, pursuant to an
adjudication under Chapter
119. of the Revised Code and an affirmative vote of not fewer
than six of its members, shall:
(A) For a first violation, impose a civil penalty of not more than five
thousand dollars;
(B) For each subsequent violation, impose a civil penalty of not more than
twenty thousand dollars and, if the violator is a certificate holder, proceed
under division (B)(27)(23) of section 4731.22 of the Revised Code.
Sec. 4731.226. (A)(1) An individual whom the state medical board
licenses, certificates, or otherwise legally authorizes to engage in the
practice of medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery may render the
professional services of a doctor of medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery within this state through a corporation formed under
division (B) of section 1701.03 of the Revised
Code, a limited liability
company formed under Chapter 1705. of the Revised
Code, a partnership, or a professional association formed under
Chapter 1785. of the Revised Code. Division
(A)(1) of this section
does not preclude an individual of that nature from rendering
professional services as a doctor of medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery through another form of business entity, including, but
not limited to, a nonprofit corporation or foundation, or in
another manner that is authorized by or in accordance with
this chapter, another chapter of the Revised Code, or rules
of the state medical board adopted pursuant to this chapter.
(2) An individual
whom the state medical board authorizes to engage in the practice of
mechanotherapy may render the professional services of a
mechanotherapist within this state through a corporation formed
under division (B) of section
1701.03 of the Revised
Code, a limited liability
company formed under Chapter
1705. of the Revised
Code, a partnership, or a
professional association formed under
Chapter 1785. of the
Revised
Code. Division
(A)(2) of this section does not
preclude an individual of that nature from rendering
professional services as a mechanotherapist through another form
of business entity, including, but not limited to, a nonprofit
corporation or foundation, or in another manner that is
authorized by or in accordance with this chapter, another
chapter of the Revised
Code, or rules of
the state medical board adopted pursuant to this chapter.
(B) A corporation,
limited liability company, partnership, or professional
association described in division (A) of this section may be
formed for the purpose of providing a combination of the
professional services of the following individuals who are licensed,
certificated, or otherwise legally authorized to practice
their respective professions:
(1) Optometrists who are authorized to practice optometry under
Chapter 4725. of the Revised Code;
(2) Chiropractors who are authorized to practice chiropractic under
Chapter 4734. of the Revised Code;
(3) Psychologists who are authorized to practice
psychology under Chapter 4732.
of the Revised Code;
(4) Registered or licensed practical nurses who are
authorized to practice nursing as registered nurses or as
licensed practical nurses under
Chapter 4723. of the Revised Code;
(5) Pharmacists who are
authorized to practice pharmacy under
Chapter 4729. of the
Revised
Code;
(6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to 4755.53 of the
Revised
Code;
(7) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the
Revised
Code;
(8) Doctors of medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery who are authorized for their respective practices under this chapter.
(C) Division (B) of this
section shall apply notwithstanding a provision of a code of ethics
described in
division (B)(18)(14) of section 4731.22 of the Revised
Code
that prohibits either of the following:
(1) A doctor of
medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery from engaging in the doctor's
authorized practice in combination with a person who is
licensed, certificated, or otherwise legally authorized to
engage in the practice of optometry, chiropractic, psychology, nursing,
pharmacy, physical therapy, or mechanotherapy, but
who is not also licensed, certificated, or otherwise legally authorized to
practice medicine and surgery, osteopathic medicine and surgery,
or podiatric medicine and surgery.
(2) A
mechanotherapist from engaging in the practice of mechanotherapy
in combination with a person who is licensed, certificated, or
otherwise legally authorized to engage in the practice of
optometry, chiropractic, psychology, nursing, pharmacy, physical
therapy, medicine and surgery, osteopathic medicine and surgery,
or podiatric medicine and surgery, but who is not also licensed,
certificated, or otherwise legally authorized to engage in the
practice of mechanotherapy.
Sec. 4731.25. The state medical board, in accordance with
Chapter 119. of the Revised Code, shall adopt and may amend and
rescind rules establishing standards for approval of physicians
and facilities as treatment providers for impaired practitioners
who are regulated under this chapter or Chapter 4730., 4760.,
or 4762. of the Revised Code.
The rules shall include standards for both inpatient and
outpatient treatment. The rules shall provide that in order to
be approved, a treatment provider must have the capability of
making an initial examination to determine what type of treatment
an impaired practitioner requires. Subject to the rules, the
board shall review and approve treatment providers on a regular
basis. The board, at its discretion, may withdraw or deny
approval subject to the rules.
An approved impaired practitioner treatment provider shall:
(A) Report to the board the name of any practitioner
suffering or showing evidence of suffering impairment as
described in division (B)(5) of section 4730.25 of the
Revised Code, division (B)(26)(22) of section 4731.22 of the
Revised Code, division (B)(6) of section 4760.13 of the Revised Code,
or division (B)(6) of section 4762.13 of the Revised Code who
fails to comply within one week with a referral for
examination;
(B) Report to the board the name of any impaired
practitioner who fails to enter treatment within forty-eight
hours following the provider's determination that the
practitioner needs treatment;
(C) Require every practitioner who enters treatment to
agree to a treatment contract establishing the terms of treatment
and aftercare, including any required supervision or restrictions
of practice during treatment or aftercare;
(D) Require a practitioner to suspend practice upon entry
into any required inpatient treatment;
(E) Report to the board any failure by an impaired
practitioner to comply with the terms of the treatment contract
during inpatient or outpatient treatment or aftercare;
(F) Report to the board the resumption of practice of any
impaired practitioner before the treatment provider has made a
clear determination that the practitioner is capable of
practicing according to acceptable and prevailing standards of
care;
(G) Require a practitioner who resumes practice after
completion of treatment to comply with an aftercare contract that
meets the requirements of rules adopted by the board for approval
of treatment providers;
(H) Report the identity of any practitioner practicing
under the terms of an aftercare contract to hospital
administrators, medical chiefs of staff, and chairpersons of
impaired practitioner committees of all health care
institutions at
which the practitioner holds clinical privileges or otherwise
practices. If the
practitioner does not hold clinical privileges at any health care
institution, the treatment provider shall report the
practitioner's identity to the impaired practitioner
committee of the county medical society, osteopathic academy, or podiatric
medical association in every county in which the practitioner
practices. If there are no impaired practitioner
committees in the
county, the treatment provider shall report the practitioner's
identity to the president or other designated member of the
county medical society, osteopathic academy, or podiatric medical
association.
(I) Report to the board the identity of any practitioner
who suffers a relapse at any time during or following aftercare.
Any individual authorized to practice under this
chapter who enters into
treatment by an approved treatment provider shall be deemed to
have waived any confidentiality requirements that would otherwise
prevent the treatment provider from making reports required under
this section.
In the absence of fraud or bad faith, no person or
organization that conducts an approved impaired practitioner
treatment program, no member of such an organization,
and no employee, representative, or agent of the treatment
provider shall be held liable in damages to any person by reason
of actions taken or recommendations made by the treatment
provider or its employees, representatives, or agents.
Sec. 4732.17. (A) The state board of psychology may refuse
to
issue a license to any applicant, may issue a reprimand, or
suspend or revoke the license of any licensed psychologist or
licensed school psychologist, on any of the following grounds:
(1) Conviction of or plea of guilty to a felony, or of any criminal offense involving
moral turpitude that is substantially related to the practice of psychology, in a court of this or any other state or in a
federal court;
(2) Using fraud or deceit in the procurement of the
license
to practice psychology or school psychology or knowingly
assisting
another in the procurement of such a license through
fraud or
deceit;
(3) Accepting commissions or rebates or other forms of
remuneration for referring persons to other professionals;
(4) Willful, unauthorized communication of information
received in professional confidence;
(5) Being negligent in the practice of psychology or
school
psychology;
(6) Using any controlled substance or alcoholic beverage
to
an extent that such use impairs the person's ability to
perform
the
work of a psychologist or school psychologist with safety to
the
public;
(7) Subject to section 4732.28 of the Revised Code,
violating any rule of professional conduct promulgated
by the
board;
(8) Practicing in an area of psychology for which the
person
is clearly untrained or incompetent;
(9) An adjudication by a court, as provided in section
5122.301 of the Revised Code, that the person is incompetent for
the purpose of holding the license. Such person may have the
person's
license issued or restored only upon determination by a
court
that the person is competent for the purpose of holding the
license and
upon the decision by the board that such license be
issued or
restored. The board may require an examination prior to
such
issuance or restoration.
(10) Waiving the payment of all or any part of a
deductible
or
copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers psychological
services, would otherwise be required to pay if the waiver is
used
as an enticement to a patient or group of patients to
receive
health care services from that provider;
(11) Advertising that the person will
waive the payment of
all or any
part of a deductible or copayment that a patient,
pursuant to a
health insurance or health care policy, contract, or
plan that
covers psychological services, would otherwise be
required to
pay;
(12) Notwithstanding division divisions (A)(10)
and (11) of this
section, sanctions shall not be imposed
against any licensee who
waives
deductibles and copayments:
(a) In compliance with the health benefit plan that
expressly
allows such a practice. Waiver of the deductibles or
copays
shall be made only with the full knowledge and consent of
the
plan purchaser, payer, and third-party administrator. Such
consent shall be made available to the board upon request.
(b) For professional services rendered to any other person
licensed pursuant to this chapter to the extent allowed by this
chapter and the rules of the board.
(B)
Except as provided in section 4732.171 of the
Revised
Code, before
the board may deny, suspend, or revoke a
license
under this section, or otherwise discipline the holder of
a
license, written charges shall be filed with the board by the
secretary and a hearing shall be had thereon in accordance with
Chapter 119. of the Revised Code.
(C) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4733.20. (A)
Pursuant to this section, the state
board
of registration for
professional engineers and surveyors may
fine,
revoke, suspend,
refuse to renew,
or
limit the
registration, or
reprimand,
place on probation,
deny an applicant the
opportunity
to sit for an
examination or to have an examination scored, or
impose any
combination of
these disciplinary measures on any
applicant or
registrant, or revoke the
certificate of
authorization
of
any holder found
to be or to have been
engaged
in any
one or more of the following
acts or practices:
(1)
Any fraud or deceit in obtaining
registration or
a
certificate of authorization;
(2) Any gross negligence, incompetency, or misconduct in
the
practice of professional engineering or professional
surveying as
a registered professional engineer or registered
professional
surveyor;
(3) Aiding or abetting any person to practice professional
engineering or professional surveying illegally in the state;
(4)
Conviction of or plea of guilty to any felony or
crime
involving moral turpitude a criminal offense that is substantially related to the practice of professional engineering or professional surveying;
(5) Violation of
this chapter or any rule
adopted by the
board;
(6) Violation of any condition of limitation placed by the
board upon
the registration
of any professional engineer or
professional
surveyor;
(7)
Failure to abide by or comply with examination
instructions.
(B) The board shall cause to have prepared and shall adopt
a
code of ethics, which
it shall
make
known to every
registrant.
The board may revise and amend this code of ethics
from time to
time
in accordance with Chapter 119.
of
the Revised Code.
(C) Any person may
file with the board a
complaint alleging
fraud, deceit, gross
negligence, incompetency,
misconduct, or
violation of
this chapter or any
rule adopted by the board
pursuant to section 4733.07
of the
Revised Code. Complaints shall
be in writing.
(D)
The board may investigate any registrant or holder of a
certificate of authorization to determine whether the registrant
or
certificate holder is or has been engaged in any one or more of
the acts
or practices listed in division (A) of this section. The
board,
by subpoena, may compel witnesses to appear and testify in
relation to any investigation under this chapter and may require,
by subpoena duces tecum, the production and copying of any book,
paper, or document pertaining to an investigation. If a person
fails to comply with the subpoena or subpoena duces tecum, the
board may apply to the Franklin county court of common pleas for
an order compelling the person to comply or, for the failure to do
so, to be
held in contempt of court.
(E)
If the board
determines there is cause to believe that
an applicant,
registrant, or
a holder of a certificate of
authorization is or
has been engaged in any
act or practice listed
in division (A) of
this section, the board
shall issue a written
charge and notify
the applicant, registrant, or
certificate
holder
of the right to
an adjudication hearing, in accordance with
Chapter
119. of the
Revised Code. If the accused
applicant,
registrant, or
holder of
a certificate of
authorization fails or
refuses to appear,
or does
not request a hearing
within the time
period specified in Chapter
119. of the Revised Code, the
board
may
determine the validity of the
charge and
issue
an
adjudication order in accordance with Chapter 119. of the Revised
Code.
(F) If a majority of the board votes
in
favor of sustaining
the
charge, the board shall
impose one or any combination of the
following
disciplinary
measures:
(1)
Reprimanding the
individual;
(2)
Imposing a fine on the individual of not more than one
thousand
dollars for each offense committed by the individual;
(3)
Refusing to renew,
suspending, or
revoking the
individual's registration, or
revoking the
holder's certificate of
authorization;
(4)
Refusing to allow an applicant to take an examination;
(5)
Refusing to score an applicant's examination.
The board, for
good cause
shown,
may
reregister any
person
or
reissue a certificate of
authorization to any
corporation,
firm, partnership,
association,
or limited
liability company
whose
registration
or certificate has been
revoked
or suspended.
(G) Any
applicant, registrant, or
certificate
holder
aggrieved by any action of
the board in
fining
the registrant or
denying, suspending, refusing to
renew, or
revoking
the
registrant's registration or
a
certificate of authorization,
or
denying an applicant the
opportunity to take an examination or to
have an examination
scored may
appeal such action to the proper
court under
section
119.12 of the Revised Code.
(H) A new
certificate of
authorization to replace any
certificate revoked, lost,
destroyed,
or mutilated, may be issued,
subject to the rules of
the board,
upon payment of a fee
established by the board at
an amount
adequate to cover the
expense of issuing a duplicate certificate
of
authorization.
(I) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4734.31. (A) The
state
chiropractic board may
take
any of the
actions specified in division (B) of this section
against an individual who has applied for or holds a license to
practice chiropractic in this state if any of the reasons
specified in
division (C) of this section for taking action
against an individual
are applicable. Except as provided in
division (D) of this section,
actions taken against an individual
shall be taken in accordance with
Chapter 119. of the Revised
Code. The board may specify that any action it takes is
a
permanent action. The board's authority to take action against an
individual is not removed or limited by the individual's failure
to renew a
license.
(B) In its imposition of sanctions against an individual,
the
board may do any of the following:
(1) Refuse
to issue, renew, restore, or reinstate a license
to practice chiropractic;
(2) Reprimand or
censure a license holder;
(3) Place limits, restrictions, or
probationary conditions
on a license holder's practice;
(4) Impose a
civil fine of not more than five thousand
dollars
according to a schedule of fines specified in rules that
the board shall adopt
in accordance with
chapter
Chapter 119. of
the
Revised Code.
(5) Suspend a license for a limited or indefinite period;
(C) The board may take the actions specified in division
(B)
of this section
for any of the following reasons:
(1)
A plea of guilty to, a judicial finding of guilt of, or
a
judicial finding of eligibility for intervention in lieu of
conviction for, a felony criminal offense that is substantially related to the practice of chiropractic in any jurisdiction, in
which
case a
certified
copy of the court record shall be conclusive evidence of
the conviction;
(2)
Commission of an act that constitutes a felony criminal offense that is substantially related to the practice of chiropractic in this
state,
regardless of the jurisdiction in which the act was
committed;
(3) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor involving moral turpitude, as
determined by the board, in which case a certified copy of the
court record shall be conclusive evidence of the matter;
(4) Commission of an act involving moral turpitude that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(5) A plea of guilty to, a judicial finding of guilt of, or
a judicial finding of eligibility for intervention in lieu of
conviction for, a misdemeanor committed in the course of practice,
in which
case a certified copy of the court record shall be
conclusive
evidence of the matter;
(6) Commission of an act in the course of practice that
constitutes a misdemeanor in this state, regardless of the
jurisdiction in which the act was committed;
(7) A violation or attempted
violation of this chapter
or
the rules adopted under it governing the practice of
chiropractic;
(8)(4) Failure to
cooperate in an investigation conducted by
the board, including
failure to comply with a subpoena or order
issued by the board
or failure to answer truthfully a question
presented by the
board at a deposition or in written
interrogatories, except that
failure to cooperate with an
investigation shall not constitute
grounds for discipline under
this section if the board or a court of
competent jurisdiction has
issued an order that either quashes a
subpoena or permits the
individual to withhold the testimony or
evidence in issue;
(9)(5) Engaging in an ongoing professional relationship with
a
person or entity that violates any provision of this chapter or
the rules adopted under it, unless the chiropractor makes
a good
faith effort to have the person or entity comply with the
provisions;
(10)(6) Retaliating against a chiropractor for the
chiropractor's
reporting to the board or any other agency with
jurisdiction any
violation of the law or for cooperating with the
board of
another agency in the investigation of any violation of
the
law;
(11)(7) Aiding, abetting, assisting, counseling, or conspiring
with any person in that person's violation of any provision of
this chapter or the rules adopted under it, including the
practice
of chiropractic without a license, or aiding, abetting,
assisting,
counseling, or conspiring with any person in that
person's
unlicensed practice of any other health care profession
that has
licensing requirements;
(12)(8) With respect to a report or record that is
made, filed,
or signed in connection with the practice of chiropractic,
knowingly making or filing a report or record that is false,
intentionally or negligently failing to file a report or record
required by federal, state, or local law or willfully impeding or
obstructing the required filing, or inducing another person to
engage in any such acts;
(13)(9) Making a false, fraudulent, or deceitful statement
to
the board or any agent of the board during any investigation or
other
official proceeding conducted by the board under this
chapter or in any filing
that must be submitted to the board;
(14)(10) Attempting to secure a license or to corrupt the
outcome of an official board proceeding through bribery or any
other improper
means;
(15)(11) Willfully obstructing or hindering the board or any
agent of the board in the discharge of the board's duties;
(16)(12) Habitually using drugs or intoxicants to the extent
that the person is rendered
unfit for the
practice of
chiropractic;
(17)(13) Inability to practice chiropractic
according to
acceptable and prevailing standards of care by reason of
chemical
dependency, mental illness, or physical illness, including
conditions in which physical deterioration has adversely
affected
the person's cognitive, motor, or perceptive skills and
conditions
in which a chiropractor's continued
practice may pose a danger to
the chiropractor or the
public;
(18)(14) Any act constituting gross immorality relative to the
person's practice of chiropractic, including acts involving
sexual
abuse, sexual misconduct, or sexual exploitation;
(19)(15) Exploiting a patient for personal or financial gain;
(20)(16) Failing to maintain proper, accurate, and legible
records in the English language documenting each
patient's care,
including, as appropriate, records of the
following: dates of
treatment, services rendered, examinations,
tests, x-ray reports,
referrals, and the diagnosis or clinical
impression and clinical
treatment plan provided to the patient;
(21)(17) Except as otherwise required by the board or by law,
disclosing patient information gained during the chiropractor's
professional relationship with a patient without
obtaining the
patient's authorization for the disclosure;
(22)(18) Commission
of willful or gross malpractice, or
willful
or gross neglect, in the practice of chiropractic;
(23)(19) Failing to perform or negligently performing an
act
recognized by the board as a general duty or the exercise of due
care in the practice of chiropractic, regardless of whether
injury
results to a patient from the failure to perform or
negligent
performance of the act;
(24)(20) Engaging in any conduct or practice that impairs or may
impair the ability to practice chiropractic safely and
skillfully;
(25)(21) Practicing, or claiming to be capable of
practicing,
beyond the scope of the practice of chiropractic
as established
under this chapter and the rules adopted under this chapter;
(26)(22) Accepting and performing professional responsibilities
as a chiropractor when not qualified to perform those
responsibilities, if the person knew or had reason to know that
the person was not qualified to perform them;
(27)(23) Delegating any of the professional responsibilities of
a chiropractor to an employee or other individual when
the
delegating chiropractor knows or had reason to know
that the
employee or other individual is not qualified by
training,
experience, or professional licensure to perform the
responsibilities;
(28)(24) Delegating any of the professional responsibilities of
a chiropractor to an employee or other individual in a
negligent
manner or failing to provide proper supervision of the
employee or
other individual to whom the responsibilities are
delegated;
(29)(25) Failing to refer a patient to another health care
practitioner for consultation or treatment when the chiropractor
knows or has reason to know that the referral is in
the best
interest of the patient;
(30)(26)
Obtaining or attempting to obtain any fee or other
advantage by
fraud or misrepresentation;
(31)(27) Making misleading, deceptive, false, or
fraudulent
representations in the practice of chiropractic;
(32)(28) Being guilty of false, fraudulent, deceptive, or
misleading
advertising or other solicitations for patients or
knowingly
having professional
connection with any person
that
advertises or solicits for patients in such a manner;
(33)(29) Violation of a
provision of any code of ethics
established or adopted by
the
board under section 4734.16 of the
Revised Code;
(34)(30) Failing to meet the examination
requirements for
receipt of a license specified under section 4734.20 of
the
Revised Code;
(35)(31) Actions taken for any reason, other
than nonpayment of
fees, by the chiropractic licensing authority
of another state or
country;
(36)(32) Failing to maintain clean and sanitary conditions at
the clinic, office, or other place in which chiropractic
services
are provided;
(37)(33) Except as provided in division (G) of this
section:
(a) Waiving the payment of all or any part of a deductible
or
copayment that
a patient, pursuant to a health insurance or
health care policy, contract, or
plan that covers the
chiropractor's services,
otherwise
would be required to
pay if the
waiver is used as an enticement to a patient or group of patients
to
receive health care services from that chiropractor;
(b) Advertising that the chiropractor
will waive the
payment
of all or any part of a
deductible or copayment that a patient,
pursuant to a health insurance or
health care policy, contract, or
plan that covers the chiropractor's
services,
otherwise would be
required to pay.
(D) The adjudication requirements of Chapter 119. of the
Revised Code
apply to the board when taking actions against an
individual under this
section, except
as follows:
(1) An applicant is not entitled to an adjudication for
failing to meet the conditions specified under section 4734.20
of
the Revised Code for receipt of a license that
involve the board's
examination on jurisprudence or the
examinations of the national
board of chiropractic examiners.
(2) A person is not entitled to an adjudication if the
person fails to
make a timely request for a hearing, in accordance
with Chapter 119.
of the Revised Code.
(3) In lieu of an adjudication, the board may accept the
surrender of a license from a chiropractor.
(4) In lieu of an
adjudication, the board may enter into a
consent agreement with an
individual to resolve an allegation of a
violation of this chapter or any rule
adopted under it. A consent
agreement, when ratified by
the board,
shall constitute the
findings and order of the board with
respect to the matter
addressed in the agreement. If the board
refuses to ratify a
consent agreement, the admissions and
findings contained in the
consent agreement shall be of no force
or effect.
(E)
This section does not require the board to hire,
contract with, or retain
the services of an expert witness when
the board takes action against a
chiropractor concerning
compliance with acceptable and prevailing standards of
care. As
part of an action taken concerning compliance with acceptable and
prevailing standards of care, the board may rely on the
knowledge
of its members for purposes of making a determination of
compliance,
notwithstanding any expert testimony presented by
the
chiropractor that contradicts the knowledge and opinions of
the
members of the board.
(F) The sealing of conviction records by a court
shall have
no effect on a prior board order entered under this
section or on
the board's jurisdiction to take action under this
section if,
based on a plea of guilty, a judicial finding of
guilt, or a
judicial finding of eligibility for intervention in
lieu of
conviction, the board issued a notice of opportunity for a hearing
prior to the court's order to seal the records. The
board shall
not be required to seal, destroy, redact, or
otherwise modify its
records to reflect the court's sealing of
conviction records.
(G) Actions
shall not be taken pursuant to division
(C)(37)(33)
of this section against any
chiropractor who
waives deductibles
and
copayments as follows:
(1) In compliance with the health benefit plan that
expressly allows a
practice of that nature. Waiver of the
deductibles or
copayments shall be made only with the
full
knowledge and consent of the plan purchaser, payer, and
third-party
administrator. Documentation of the consent shall be
made
available to the board upon
request.
(2) For professional services rendered to any other person
licensed pursuant
to this chapter, to the extent allowed by this
chapter and the rules of
the board.
(H) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4734.39. (A) For purposes of the state chiropractic
board's
enforcement of division (C)(16)(12) or (17)(13) of section 4734.31
of the Revised Code, an
individual who
applies for or receives a
license
under this chapter accepts the privilege of
practicing
chiropractic in
this state and, by so doing, shall be
deemed to
have given consent to submit to a mental or
physical examination
when directed to do so in writing by the
board in its enforcement
of those divisions, and to have waived all objections
to the
admissibility of
testimony or examination reports that constitute
a privileged
communication.
(B) If the board has reason to believe that a chiropractor
or
applicant suffers an impairment described in division (C)(16)(12)
or (17)(13)
of section 4734.31 of the Revised Code, the board
may
compel the individual to submit to a mental or physical
examination, or
both. The expense of the examination is the
responsibility of the individual
compelled to be examined. Any
mental or physical examination required under this section shall
be undertaken by a provider who is qualified to
conduct the
examination and who is chosen by the
board.
Failure to submit to a mental or physical
examination ordered
by the board constitutes an admission of the
allegations against
the individual unless the failure is due to
circumstances beyond
the individual's control. A default and
final order may be
entered without the taking of testimony or
presentation of
evidence.
If the board determines that an
individual's ability to
practice is impaired, the board shall
suspend the individual's
license or deny the
individual's application and shall require
the
individual, as a condition for initial, continued,
reinstated,
restored, or renewed certification to practice, to
submit to care,
counseling, or treatment.
(C) Before being eligible to apply for reinstatement of a
license suspended under division (C)(16)(12) of section 4734.31 of the
Revised Code or
the chemical dependency provisions of division
(C)(17)(13) of section
4731.34 of the Revised Code, the
impaired
individual shall
demonstrate to the board the ability
to resume
practice in
compliance with acceptable and prevailing standards of
care in
the practice of chiropractic. If rules have been adopted
under section
4734.40 of the Revised Code, the demonstration shall
include, but shall not be limited to, the following:
(1) Certification from a treatment provider approved under
section 4734.40 of the Revised Code that the
individual has
successfully completed any required inpatient treatment;
(2) Evidence of continuing full compliance with an
aftercare
contract or consent agreement;
(3) Two written reports indicating that the individual's
ability to practice has been assessed and that the individual has
been found capable of practicing according to acceptable and
prevailing
standards of care. The reports shall be made by
individuals or
providers approved by the board for making the
assessments and
shall describe the basis for their determination.
The board may reinstate a license suspended under
this
division after that demonstration and after the individual has
entered into a written consent agreement.
When the impaired individual resumes practice, the board
shall
require continued
monitoring of the individual. The
monitoring shall include, but not be
limited to, compliance with
the written consent agreement entered
into before reinstatement or
with conditions imposed by board
order after a hearing, and, upon
termination of the consent
agreement, submission to the board for
at least two years of
annual written progress reports made under
penalty of perjury
stating whether the individual has maintained
sobriety.
Sec. 4735.07. (A) The superintendent of real estate, with
the consent of the Ohio real estate commission, may enter into
agreements with recognized national testing services to
administer
the real estate broker's examination under the
superintendent's
supervision and control, consistent with the requirements
of this
chapter as to the contents of such examination.
(B) No applicant for a real estate broker's license
shall
take the broker's examination who has
not established to the
satisfaction of the superintendent that
the applicant:
(1) Is honest, truthful, and of good reputation;
(2)(a) Has not been convicted of or pleaded guilty to a felony or crime of
moral
turpitude criminal offense that is substantially related to the practice of real estate broker, or if the applicant has been so convicted or so pleaded guilty,
the
superintendent has disregarded the conviction or guilty plea because the
applicant has proven to the superintendent, by a preponderance of
the evidence, that the applicant's activities and employment
record since the
conviction or guilty plea show that the applicant is honest,
truthful, and
of good reputation, and there is no basis in fact
for believing that the
applicant again will violate the laws
involved;
(b) Has not been finally adjudged by a court to have
violated any municipal, state, or federal civil rights laws
relevant to the protection of purchasers or sellers of real
estate
or, if the applicant has been so adjudged, at least
two years have
passed since the court decision and the superintendent has
disregarded the adjudication because the applicant has proven, by
a preponderance of the evidence, that the applicant's
activities
and employment record since the adjudication show that
the
applicant is honest, truthful, and of good reputation, and there
is
no basis in fact for believing that the applicant will again
violate the laws involved.
(3) Has not, during any period in which the applicant was
licensed under this chapter, violated any provision of, or any
rule adopted
pursuant to, this chapter, or, if the applicant has
violated
any such provision or rule, has established to the
satisfaction of the
superintendent that the applicant will not
again violate
such provision or rule;
(4) Is at least eighteen years of age;
(5) Has been a licensed real estate broker or
salesperson
for at least two years; during at least two of the five
years
preceding the person's application, has worked as a licensed real
estate
broker or salesperson for an average of at least thirty
hours per week; and has completed one of the following:
(a) At least twenty real estate transactions, in which
property was sold for another by the applicant while acting in
the
capacity of a real estate broker or
salesperson;
(b) Such equivalent experience as is defined by rules
adopted by the commission.
(6)(a) If licensed as a real estate salesperson prior
to
August 1, 2001,
successfully has completed at an
institution of
higher
education all of the following:
(i) Thirty hours of classroom instruction in real estate
practice;
(ii) Thirty hours of classroom instruction that includes
the
subjects of Ohio real estate law, municipal, state, and
federal
civil rights law, new case law on housing discrimination,
desegregation issues, and methods of eliminating the effects of
prior discrimination. If feasible, the classroom instruction in
Ohio real estate law shall be taught by a member of the faculty
of
an accredited law school. If feasible, the classroom
instruction
in municipal, state, and federal civil rights law,
new case law on
housing discrimination, desegregation issues, and
methods of
eliminating the effects of prior discrimination shall
be taught by
a staff member of the Ohio civil rights commission
who is
knowledgeable with respect to those subjects. The
requirements of
this division do not apply to an applicant who is
admitted to
practice before the supreme court.
(iii) Thirty hours of classroom instruction in real estate
appraisal;
(iv) Thirty hours of classroom instruction in real estate
finance;
(v) Three quarter hours, or its equivalent in semester
hours, in financial management;
(vi) Three quarter hours, or its equivalent in semester
hours, in human resource or personnel management;
(vii) Three quarter hours, or its equivalent in semester
hours, in applied business economics;
(viii) Three quarter hours, or its equivalent in semester
hours, in business law.
(b) If licensed as a real estate salesperson on or after
August
1, 2001, successfully has completed at an institution of
higher education
all of the following:
(i) Forty hours of classroom instruction in real estate
practice;
(ii) Forty hours of classroom instruction that includes the
subjects of Ohio real estate law, municipal, state, and federal
civil rights law, new case law on housing discrimination,
desegregation
issues, and methods of
eliminating the effects of
prior discrimination. If feasible, the classroom
instruction in
Ohio
real estate law shall be taught by a member of the faculty of
an
accredited law school. If feasible, the classroom instruction
in
municipal, state, and federal civil rights law, new case law on
housing discrimination, desegregation issues, and methods of
eliminating the effects of prior discrimination shall be taught by
a staff member of the Ohio civil rights commission who is
knowledgeable with respect to those subjects. The requirements of
this
division do not apply to an
applicant who is admitted to
practice before the supreme court.
(iii) Twenty hours of classroom instruction in real estate
appraisal;
(iv) Twenty hours of classroom instruction in real estate
finance;
(v) The training in the amount of hours specified under
divisions
(B)(6)(a)(v), (vi),
(vii), and (viii) of this
section.
(c) Division (B)(6)(a) or (b) of this section does
not apply
to
any applicant who holds a valid real estate
salesperson's
license issued prior to January 2, 1972.
Divisions (B)(6)(a)(v),
(vi), (vii), and (viii) or division
(B)(6)(b)(v) of this section
do not
apply to any applicant who holds a valid real estate
salesperson's license issued prior to January 3, 1984.
(7) If licensed as a real estate salesperson on or
after
January 3, 1984, satisfactorily has completed a minimum of two
years of post-secondary education, or its equivalent in semester
or quarter hours, at an institution of higher education, and has
fulfilled the requirements of division (B)(6)(a) or (b) of
this
section.
The requirements of division (B)(6)(a) or (b) of this
section
may be
included in the two years of post-secondary
education, or its
equivalent in semester or quarter hours, that is
required by this
division.
(C) Each applicant for a broker's license shall be
examined
in the principles of real estate practice, Ohio real
estate law,
and financing and appraisal, and as to the duties of
real estate
brokers and real estate salespersons, the
applicant's knowledge of
real estate transactions and instruments relating to
them, and the
canons of business ethics pertaining to them. The
commission from
time to time shall promulgate such canons and
cause them to be
published in printed form.
(D) Examinations shall be administered with reasonable
accommodations in
accordance with
the requirements of the
"Americans with Disabilities
Act of 1990," 104 Stat. 327, 42
U.S.C. 12101. The contents of an examination shall be
consistent
with the requirements of division (B)(6) of this
section and with
the other specific requirements of this section.
An applicant who
has completed the requirements of division
(B)(6) of this section
at the time of application
shall be
examined no later than
twelve
months after the
applicant is notified of admission to the
examination.
(E) The superintendent may waive one or more of the
requirements of this section in the case of
an application from a
nonresident real
estate broker pursuant to a reciprocity agreement
with the licensing
authority
of the state from which the
nonresident applicant holds a valid real
estate broker license.
(F) There shall be no limit placed on the number of times
an
applicant may retake the examination.
(G)(1) No later than twelve months after the date of
issue
of a real estate broker's license to a licensee, the licensee
shall
submit proof satisfactory to the superintendent, on forms
made
available by the superintendent, of the completion of ten
hours of
classroom instruction in real estate brokerage
at an
institution
of higher education or any other institution that is
approved by
the commission. That instruction shall include, but
not be limited
to, current issues in managing a real estate
company or office.
If the required proof of completion is not
submitted to the
superintendent within
twelve months of the
date a license is
issued under this section, the
license of the real estate broker
is suspended
automatically without the taking of any action by the
superintendent. The broker's
license shall not be reactivated by
the
superintendent until it is established,
to the satisfaction of
the superintendent, that the requirements
of this division have
been met and that the licensee is in compliance with
this chapter.
A licensee's license is revoked automatically without the
taking
of any action by the superintendent if the licensee fails to
submit
proof of completion of the education requirements specified
under division (G)(1) of this section within twelve months of the
date the license is suspended.
(2) If the license of a real estate broker is suspended
pursuant to division (G)(1) of this section, the license of
a
real
estate salesperson associated with that broker correspondingly
is
suspended pursuant to division
(H) of section 4735.20 of the
Revised Code. However, the suspended license of the associated
real estate salesperson shall be reactivated and no fee
shall be
charged or collected for that reactivation if all of the
following
occur:
(a) That broker subsequently submits satisfactory proof to
the superintendent that the broker has complied with the
requirements of
division (G)(1) of this section and requests that
the
broker's license as a real estate broker be
reactivated;
(b) The superintendent then reactivates the
broker's license
as a real estate broker;
(c) The associated real estate salesperson intends to
continue to be associated with that broker and otherwise is in
compliance with this chapter.
(H) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4735.09. (A) Application for a license as a real
estate salesperson shall be made to the
superintendent of real
estate on forms furnished by the
superintendent and
signed
by the
applicant. The application shall be in the
form prescribed by the
superintendent and shall contain such
information as is required
by this chapter and the rules of the
Ohio real estate commission.
The application shall be
accompanied by the
recommendation of the
real estate broker with whom the
applicant is associated or with
whom the applicant
intends to be associated, certifying
that the
applicant is honest, truthful, and of good reputation,
has not
been convicted of or pleaded guilty to a felony or a crime involving moral
turpitude criminal offense that is substantially related to the practice of real estate broker,
and has not been finally adjudged by a court to have
violated any
municipal, state, or federal civil rights laws
relevant to the
protection of purchasers or sellers of real
estate, which
conviction, guilty plea, or adjudication the applicant has not
disclosed to the
superintendent, and recommending that the
applicant be admitted to
the real estate salesperson examination.
(B) A fee of forty-nine dollars shall
accompany the
application, which fee
includes the fee for the
initial year of
the licensing period, if a license
is
issued.
The application
fee shall be retained by the
superintendent if
the applicant is
admitted to the examination for
the license or
the examination
requirement is waived, but, if an
applicant is
not so admitted and
a waiver is not involved,
one-half of the fee
shall be retained by
the superintendent to
cover the expenses of
processing the
application and the other
one-half shall be
returned to the
applicant. A fee of
forty-nine
dollars shall be
charged by the
superintendent for each successive
application
made by the
applicant.
Four
dollars of each
application fee shall
be credited
to the real
estate education and
research fund.
(C) There shall be no limit placed on the number of times
an
applicant may retake the examination.
(D) The superintendent, with the consent of the
commission,
may enter into an agreement with a recognized
national testing
service to administer the real estate
salesperson's examination
under the superintendent's
supervision and control, consistent
with
the requirements of this chapter as to the contents of the
examination.
If the superintendent, with the consent of the commission,
enters into an agreement with a national testing service to
administer the real estate salesperson's examination,
the
superintendent may require an applicant to pay the testing
service's examination
fee directly to the testing service. If the
superintendent
requires the payment of the examination fee
directly to the
testing service, each applicant shall submit
to
the superintendent a processing fee in an amount determined by the
Ohio real estate commission pursuant to division (A)(1) of
section
4735.10 of the Revised Code.
(E) The superintendent shall issue a real estate
salesperson's license when satisfied that the
applicant has
received
a passing score on
each portion of the
salesperson's
examination as determined by rule by the real estate
commission,
except that the superintendent may waive one or more of
the
requirements of this
section in the case of an applicant who is a
licensed
real estate salesperson in another state
pursuant to a
reciprocity agreement with the licensing authority of
the
state
from which the applicant holds a valid real estate salesperson's
license.
(F) No applicant for a salesperson's license shall take
the
salesperson's
examination who has not established to the
satisfaction of the superintendent
that the applicant:
(1) Is honest, truthful, and of good reputation;
(2)(a) Has not been convicted of or pleaded guilty to a felony or crime of
moral
turpitude criminal offense that is substantially related to the practice of salesperson or, if the applicant has been so convicted or so pleaded guilty,
the
superintendent has disregarded the conviction or guilty plea because the
applicant has proven to the superintendent, by a preponderance of
the evidence, that the applicant's activities and employment
record since the
conviction or guilty plea show that the applicant is honest,
truthful, and
of good
reputation, and there is no basis in fact
for believing that the
applicant again will violate the laws
involved;
(b) Has not been finally adjudged by a court to have
violated any municipal, state, or federal civil rights laws
relevant to the protection of purchasers or sellers of real
estate
or, if the applicant has been so adjudged, at least
two years have
passed since the court decision and the superintendent has
disregarded the adjudication because the applicant has proven, by
a preponderance of the evidence, that the applicant is
honest,
truthful, and of good reputation, and there is no basis in fact
for
believing
that the applicant again will violate the laws
involved.
(3) Has not, during any period in which the applicant was
licensed under this chapter, violated any provision of, or any
rule
adopted pursuant to this chapter, or, if the applicant has
violated such provision or rule, has established to the
satisfaction of the
superintendent that the applicant will not
again violate such
provision or rule;
(4) Is at least eighteen years of age;
(5) If born after the year 1950, has a high school diploma
or its equivalent as recognized by the state department of
education;
(6)(a) If beginning instruction
prior to August 1, 2001, has
successfully completed at an institution of
higher education all
of the following:
(i) Thirty hours of classroom instruction in real estate
practice;
(ii) Thirty hours of classroom instruction that includes
the
subjects of Ohio real estate law, municipal, state, and
federal
civil rights law, new case law on housing discrimination,
desegregation issues, and methods of eliminating the effects of
prior discrimination. If feasible, the classroom instruction in
Ohio real estate law shall be taught by a member of the faculty
of
an accredited law school. If feasible, the classroom
instruction
in municipal, state, and federal civil rights law,
new case law on
housing discrimination, desegregation issues, and
methods of
eliminating the effects of prior discrimination shall
be taught by
a staff member of the Ohio civil rights commission
who is
knowledgeable with respect to those subjects. The
requirements of
this division do not apply to an applicant who is
admitted to
practice before the supreme court.
(iii) Thirty hours of classroom instruction in real estate
appraisal;
(iv) Thirty hours of classroom instruction in real estate
finance.
(b) Any person who has not been licensed as a real estate
salesperson or broker within a four-year period
immediately
preceding the person's current application for
the salesperson's
examination shall have successfully
completed the classroom
instruction
required by division (F)(6)(a) of this section within
a ten-year
period immediately preceding the person's current
application for the salesperson's examination.
(7) If beginning instruction, as determined by the
superintendent,
on or after August 1, 2001, has successfully
completed at an institution of higher education all of the
following:
(a) Forty hours of classroom instruction in real estate
practice;
(b) Forty hours of classroom instruction that includes the
subjects of Ohio real estate law, municipal, state, and federal
civil rights law, new case law on housing discrimination,
desegregation
issues, and methods of
eliminating the effects of
prior discrimination. If feasible, the
classroom instruction in
Ohio real estate law shall be
taught by a member of the faculty of
an accredited law school. If
feasible, the classroom instruction
in municipal, state, and
federal civil rights law, new case law on
housing discrimination,
desegregation issues, and methods of
eliminating the effects of
prior discrimination shall be taught by
a staff member of the Ohio
civil rights commission who is
knowledgeable with respect to those subjects.
The requirements of
this division do not apply to an applicant who is admitted to
practice
before the supreme court.
(c) Twenty hours of classroom instruction in real estate
appraisal;
(d) Twenty hours of classroom instruction in real estate
finance.
(G) No later than twelve months after the date of issue of a
real estate salesperson license to a licensee, the licensee shall
submit
proof satisfactory to the superintendent, on forms made
available by the
superintendent, of completion, at
an
institution
of higher education or any other institution approved
by the
commission, of ten hours of classroom instruction in real
estate
courses that cover current issues regarding consumers,
real estate
practice, ethics, and real estate law.
If proof of completion of the required
instruction is not
submitted within twelve months of the date a license is
issued
under this
section, the licensee's license is suspended
automatically without the
taking of any action by the
superintendent. The
superintendent
immediately shall notify the
broker with whom such
salesperson is associated of the suspension
of the
salesperson's license. A salesperson whose license
has
been suspended under this division shall have twelve
months after
the date of
the suspension of the salesperson's license to submit
proof of
successful completion of the
instruction required under
this division. No such license shall be reactivated
by the
superintendent until it is established, to the satisfaction of
the
superintendent, that the requirements of this division have
been
met and that the licensee is in compliance with this chapter. A
licensee's license is revoked automatically without the taking of
any action
by the superintendent when the licensee fails to submit
the required proof of
completion of the education
requirements
under division (G) of this section within twelve months
of the
date the license is suspended.
(H) Examinations shall be administered with reasonable
accommodations in
accordance with
the requirements of the
"Americans with Disabilities
Act of 1990," 104 Stat. 327, 42
U.S.C. 12101. The contents of an
examination shall be
consistent
with the classroom instructional requirements of
division (F)(6)
or (7) of this section. An applicant who
has
completed the
classroom instructional requirements of division
(F)(6) or (7) of
this section at the time of
application shall
be
examined no later
than
twelve months after the
applicant is notified of the
applicant's admission to
the examination.
(I) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4735.13. (A) The license of a real estate broker
shall
be prominently displayed in the office or place of business
of the
broker, and no license shall authorize the licensee to do
business
except from the location specified in it.
If the broker maintains
more than one place of business within the
state, the broker shall
apply for and procure a duplicate license for
each branch office
maintained by the broker. Each branch office shall be
in the
charge of a licensed broker or salesperson. The branch office
license shall be prominently displayed at the branch office
location.
(B) The license of each real estate salesperson shall
be
mailed to and remain in the possession of the licensed broker
with
whom the salesperson is or is to be associated until
the licensee
places the license on inactive status or
until the salesperson
leaves the
brokerage or is terminated. The broker shall
keep each
salesperson's license in a way that it can, and shall
on request,
be
made immediately available for public inspection at the office
or
place of business of the broker. Except as provided in
divisions
(G) and (H) of this section, immediately upon the salesperson's
leaving the
association or termination of the
association of a
real estate salesperson with the
broker, the broker shall return
the salesperson's
license to the superintendent of real estate.
The failure of a broker to return the license of a real
estate salesperson or broker
who leaves or who is terminated, via certified mail return receipt requested, within three
business days of the receipt of a
written request from the
superintendent for the return of the license,
is
prima-facie
evidence of misconduct under division
(A)(6) of
section 4735.18 of
the Revised Code.
(C) Any licensee who is convicted of or pleads guilty to a felony or a crime
involving moral turpitude criminal offense that is substantially related to the practice of real estate broker or salesperson or of violating any federal, state, or
municipal civil rights law pertaining to discrimination in
housing, or any court that issues a finding of an unlawful
discriminatory practice pertaining to housing accommodations
described in division (H) of section 4112.02 of the Revised Code
or that convicts a licensee of a violation of any municipal civil
rights law pertaining to housing discrimination, shall notify the
superintendent of the conviction, guilty plea, or finding within fifteen days.
If a licensee fails to notify the superintendent within the
required time, the superintendent immediately may revoke the
license of the licensee.
Any court that convicts a licensee of a violation of any
municipal civil rights law pertaining to housing discrimination
also shall notify the Ohio civil rights commission within fifteen
days of the conviction.
(D) In case of any change of business location, a broker
shall give notice in writing to the superintendent, whereupon
the
superintendent shall issue new licenses for the unexpired
period
without charge. If a broker changes a
business location
without
giving the required notice and without receiving new
licenses that
action is prima-facie evidence
of misconduct under division (A)(6)
of section
4735.18 of the Revised Code.
(E) If a real estate broker desires to associate
with
another real estate broker in the capacity of a real estate
salesperson, the broker shall apply to
the superintendent to
deposit the broker's real estate
broker's license with the
superintendent and for the
issuance of a real estate salesperson's
license. The
application shall be made on a form prescribed by
the superintendent and
shall be accompanied by the recommendation
of the real estate
broker with whom the applicant intends to
become associated and a
fee of twenty-five dollars for the real
estate
salesperson's license. Four dollars of
the fee
shall be
credited to the real estate
education and research fund. If the
superintendent is satisfied
that the applicant is honest,
truthful, and of good reputation,
has not been convicted of or pleaded guilty to a
felony or a crime involving moral
turpitude criminal offense that is substantially related to the practice of real estate broker or salesperson, and has not been
finally adjudged by a court to have
violated any municipal, state,
or federal civil rights laws
relevant to the protection of
purchasers or sellers of real
estate, and that the association of
the real estate broker and
the applicant will be in the public
interest, the superintendent
shall grant the application and issue
a real estate
salesperson's license to the applicant. Any license
so deposited with the superintendent
shall be subject to this
chapter. A broker who intends to deposit
the
broker's license
with the superintendent, as provided in this section,
shall give
written notice of this fact in a format prescribed by the
superintendent to all
salespersons associated with the broker when
applying to place the broker's license on deposit.
(F) If a real estate broker desires to become a member or
officer of a partnership, association, limited liability company,
limited
liability partnership, or corporation that is or
intends
to become a licensed real estate broker, the broker
shall notify
the superintendent of the broker's intentions.
The notice of
intention shall be on a form prescribed by the superintendent
and
shall be
accompanied by a fee of twenty-five dollars. Four
dollars of the
fee shall be credited to the real estate education
and research
fund.
No real estate broker who is a member or officer of a
partnership, association, limited liability company, limited
liability
partnership, or corporation that is a licensed real
estate broker shall perform any acts as a real estate broker
other
than as the agent of the partnership, association, limited
liability
company, limited liability partnership, or
corporation,
and such broker shall not have any real estate
salespersons
associated with the
broker.
(G) If a real estate broker or salesperson enters the
armed
forces, the broker or salesperson may place
the broker's or
salesperson's license on deposit with the Ohio real
estate
commission. The licensee shall not be required to renew the
license
until the renewal
date that follows the date of
discharge
from the armed forces. Any
license deposited with the
commission
shall be
subject to this chapter. Any licensee whose
license is
on
deposit under this division and who fails to meet
the
continuing
education requirements of section 4735.141 of the
Revised Code
because the licensee is in the armed forces shall
satisfy the
commission that the licensee has complied with the
continuing
education requirements
within twelve months of the
licensee's discharge. The
commission shall
notify the licensee of
the licensee's obligations under
section 4735.141 of the Revised
Code at the time the licensee
applies for reactivation of the
licensee's license.
(H) If a licensed real estate salesperson submits an application to the superintendent to leave the association of one broker to associate with a different broker, the broker possessing the licensee's license need not return the salesperson's license to the superintendent. The superintendent may process the application regardless of whether the licensee's license is returned to the superintendent.
(I) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4735.27. (A) An application to act as a foreign real
estate dealer shall be in writing and filed with the
superintendent of real estate. It shall be in the form the
superintendent prescribes and shall contain the following
information:
(1) The name and address of the applicant;
(2) A description of the applicant, including, if the
applicant is a partnership, unincorporated association, or any
similar form of business organization, the names and the
residence and business addresses of all partners, officers,
directors, trustees, or managers of the organization, and the
limitation of the liability of any partner or member; and if the
applicant is a corporation, a list of its officers and directors,
and the residence and business addresses of each, and, if it is a
foreign corporation, a copy of its articles of incorporation in
addition;
(3) The location and addresses of the principal office and
all other offices of the applicant;
(4) A general description of the business of the applicant
prior to the application, including a list of states in which the
applicant is a licensed foreign real estate dealer;
(5) The names and addresses of all salesmen salespersons of the
applicant at the date of the application;
(6) The nature of the business of the applicant, and its
places of business, for the ten-year period preceding the date of
application.
(B) Every nonresident applicant shall name a person within
this state upon whom process against the applicant may be served
and shall give the complete residence and business address of the
person designated. Every applicant shall file an irrevocable
written consent, executed and acknowledged by an individual duly
authorized to give such consent, that actions growing out of a
fraud committed by the applicant in connection with the sale in
this state of foreign real estate may be commenced against it, in
the proper court of any county in this state in which a cause of
action for such fraud may arise or in which the plaintiff in such
action may reside, by serving on the secretary of state any
proper process or pleading authorized by the laws of this state,
in the event that the applicant if a resident of this state, or
the person designated by the nonresident applicant, cannot be
found at the address given. The consent shall stipulate that the
service of process on the secretary of state shall be taken in
all courts to be as valid and binding as if service had been made
upon the foreign real estate dealer. If the applicant is a
corporation or an unincorporated association, the consent shall
be accompanied by a certified copy of the resolution of the board
of directors, trustees, or managers of the corporation or
association, authorizing such individual to execute the consent.
(C) The superintendent may investigate any applicant for a
dealer's license, and may require any additional information he the
superintendent considers necessary to determine the business repute and
qualifications of the applicant to act as a foreign real estate
dealer. If the application for a dealer's license involves
investigation outside this state, the superintendent may require
the applicant to advance sufficient funds to pay any of the
actual expenses of the investigation, and an itemized statement
of such expense shall be furnished to the applicant.
(D) Every applicant shall take a written examination,
prescribed and conducted by the superintendent, which covers his the
applicant's knowledge of the principles of real estate practice, real
estate
law, financing and appraisal, real estate transactions and
instruments relating to them, canons of business ethics relating
to real estate transactions, and the duties of foreign real
estate dealers and salesmen salespersons. The fee for the
examination, when administered by the superintendent, is seventy-five dollars.
If the applicant does not appear for the examination, the fee shall
be forfeited and a new application and fee shall be filed, unless
good cause for the failure to appear is shown to the
superintendent. The requirement of an examination may be waived
in whole or in part by the superintendent if an applicant is
licensed as a real estate broker by any state.
Any applicant who fails the examination twice shall wait
six months before applying to retake the examination.
(E) No person shall take the foreign real estate dealer's
examination who has not established to the satisfaction of the
superintendent that he the person:
(1) Has not been convicted of or pleaded guilty to a felony or a crime of moral
turpitude criminal offense that is substantially related to the practice of foreign real estate dealer or, if he the applicant has been so convicted or so pleaded guilty, the
superintendent has disregarded the conviction or guilty plea because the applicant has proven
to the superintendent, by a preponderance of the evidence, that his
the
applicant's activities and employment record since the conviction or guilty plea show
that he the applicant is honest, truthful, and of good
reputation,
and there is no
basis in fact for believing that he the applicant again will
violate the laws involved;
(2) Has not been finally adjudged by a court to have
violated any municipal, state, or federal civil rights laws
relevant to the protection of purchasers or sellers of real
estate or, if he the applicant has been so adjudged, at least
two years have passed since the court decision and the superintendent has
disregarded the adjudication because the applicant has proven, by
a preponderance of the evidence, that his the applicant's
activities and employment record since the adjudication show that he
the applicant is honest, truthful, and of good reputation, and there is
no basis in fact
for believing that he the applicant again will violate the laws
involved;
(3) Has not, during any period for which he the applicant was
licensed under this chapter or any former section of the Revised Code
applicable to licensed foreign real estate dealers or salesmen
salespersons, violated any provision of, or any rule adopted pursuant
to, this chapter or that section, or, if he the applicant has
violated any
such provision or rule, has established to the satisfaction of the
superintendent that he the applicant will not again violate the
provision or rule.
(F) If the superintendent finds that an applicant for a
license as a foreign real estate dealer, or each named member,
manager, or officer of a partnership, association, or corporate
applicant is at least eighteen years of age, is of good business
repute, has passed the examination required under this section or
has had the requirement of an examination waived, and appears
otherwise qualified, the superintendent shall issue a license to
the applicant to engage in business in this state as a foreign
real estate dealer. Dealers licensed pursuant to this section
shall employ as salesmen salespersons of foreign real estate
only persons
licensed pursuant to section 4735.28 of the Revised Code. If at
any time such salesmen salespersons resign or are discharged or
new salesmen salespersons are added, the dealer forthwith shall
notify the superintendent
and shall file with the division of real estate the names and
addresses of new salesmen salespersons.
(G) If the applicant merely is renewing his the applicant's
license for the previous year, the application need contain only the
information required by divisions (A)(2), (3), and (6) of this
section.
(H) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4735.28. (A) An application to act as a foreign real
estate salesman salesperson shall be in writing and filed with
the superintendent of real estate. It shall be in the form the
superintendent prescribes and shall contain the following
information:
(1) The name and complete residence and business addresses
of the applicant;
(2) The name of the foreign real estate dealer who is
employing the applicant or who intends to employ him the
applicant;
(3) The age and education of the applicant, and his the
applicant's experience in the sale of foreign real estate; whether
he the applicant has
ever been licensed by the superintendent, and if so, when;
whether he the applicant has ever been refused a license by the
superintendent;
and whether he the applicant has ever been licensed or refused a
license or any
similar permit by any division or superintendent of real estate,
by whatsoever name known or designated, anywhere;
(4) The nature of the employment, and the names and
addresses of the employers, of the applicant for the period of
ten years immediately preceding the date of the application.
(B) Every applicant shall take a written examination,
prescribed and conducted by the superintendent, which covers his the
applicant's knowledge of the principles of real estate practice, real
estate
law, financing and appraisal, real estate transactions and
instruments relating to them, canons of business ethics relating
to real estate transactions, and the duties of foreign real
estate salesmen salespersons. The fee for the examination, when
administered
by the superintendent, is fifty dollars. If the applicant does
not appear for the examination, the fee shall be forfeited and a
new application and fee shall be filed, unless good cause for the
failure to appear is shown to the superintendent. The
requirement of an examination may be waived in whole or in part
by the superintendent if an applicant is licensed as a real
estate broker or salesman salesperson by any state.
Any applicant who fails the examination twice shall wait
six months before applying to retake the examination.
(C) No person shall take the foreign real estate
salesman's salesperson's examination who has not established to
the
satisfaction of the superintendent that he the person:
(1) Has not been convicted of or pleaded guilty to a felony or a crime of moral
turpitude criminal offense that is substantially related to the practice of foreign real estate salesperson or, if he the applicant has been so convicted or pleaded guilty, the
superintendent has
disregarded the conviction or guilty plea because the applicant has proven to
the superintendent, by a preponderance of the evidence, that his the
applicant's activities and employment record since the conviction or plea of guilty show
that
he the applicant is honest, truthful, and of good reputation,
and there is no
basis in fact for believing that he the applicant again will
violate the laws involved;
(2) Has not been finally adjudged by a court to have
violated any municipal, state, or federal civil rights laws
relevant to the protection of purchasers or sellers of real
estate or, if he the applicant has been so adjudged, at least
two years have
passed since the court decision and the superintendent has
disregarded the adjudication because the applicant has proven, by
a preponderance of the evidence, that his the applicant's
activities and employment record since the adjudication show that he
the applicant is honest, truthful, and of good reputation, and there is
no basis in fact
for believing that he the applicant will again violate the laws;
(3) Has not, during any period for which he the applicant was
licensed
under this chapter or any former section of the Revised Code
apicable applicable to licensed foreign real estate dealers or
salesmen salespersons, violated any provision of, or any rule
adopted pursuant
to, this chapter or that section, or, if he the applicant has
violated any such
provision or rule, has established to the satisfaction of the
superintendent that he the applicant will not again violate the
provision or rule.
(D) Every salesman salesperson of foreign real estate shall be
licensed by the superintendent of real estate and shall be
employed only by the licensed foreign real estate dealer
specified on his the salesperson's license.
(E) If the superintendent finds that the applicant is of
good business repute, appears to be qualified to act as a foreign
real estate salesman salesperson, and has fully complied with
the provisions
of this chapter, and that the dealer in the application is a
licensed foreign real estate dealer, the superintendent, upon
payment of the fees prescribed by section 4735.15 of the Revised
Code, shall issue a license to the applicant authorizing him the
applicant to
act as salesman a salesperson for the dealer named in the
application.
(F) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4738.04. Each As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Each person applying for a motor vehicle
salvage dealer license or a salvage motor vehicle auction license
or a salvage motor vehicle pool license shall make out and
deliver to the registrar of motor vehicles, upon a blank to be
furnished by the registrar for that purpose, a separate
application for license for each county in which the business is
to be conducted. The application for each type of license shall
be in the form prescribed by the registrar and shall be signed
and sworn to by the applicant. The application for a license for
a motor vehicle salvage dealer, a salvage motor vehicle auction,
or salvage motor vehicle pool, in addition to other information
as is required by the registrar, shall include the following:
(A) Name of applicant and location of principal place of
business;
(B) Name or style under which business is to be conducted
and, if a corporation, the state of incorporation;
(C) Name and address of each owner or partner and, if a
corporation, the names of the officers and directors;
(D) The county in which the business is to be conducted
and the address of each place of business therein;
(E) A financial statement of the applicant showing the
true financial condition as of a date not earlier than six months
prior to the date of the application;
(F) A statement of the previous history, record, and
association of the applicant and of each owner, partner, officer,
and director, which statement shall be sufficient to establish to
the satisfaction of the registrar the reputation in business of
the applicant;
(G) A statement showing whether the applicant has
previously been convicted of or pleaded guilty to a felony criminal offense that is substantially related to the profession of motor vehicle salvage dealer, salvage motor vehicle auction, or salvage motor vehicle pool;
(H) A statement showing whether the applicant has
previously applied for a license under this chapter and the
result of the application, and whether the applicant has ever
been the holder of any such license which was revoked or
suspended;
(I) If the applicant is a corporation or partnership, a
statement showing whether any of the partners, officers, or
directors have been refused a license under this chapter, or have
been the holder of any such license which was revoked or
suspended.
Sec. 4738.07. The As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
The registrar of motor vehicles shall deny
the application of any person for a license under this chapter
and refuse to issue him a license if the registrar finds that the
applicant:
(A) Has made false statement of a material fact in his
application;
(B) Has not complied with sections 4738.01 to 4738.15 of
the Revised Code:
(C) Is of bad business repute or has habitually defaulted
on financial obligations;
(D) Has been convicted of or pleaded guilty to a felony criminal offense that is substantially related to the profession of motor vehicle salvage dealer, salvage motor vehicle auction, or salvage motor vehicle pool;
(E) Has been guilty of a fraudulent act in connection with
dealing in salvage motor vehicles or when operating as a motor
vehicle salvage dealer, salvage motor vehicle auction, or salvage
motor vehicle pool;
(G) Is of insufficient responsibility to assure the prompt
payment of any final judgments which might reasonably be entered
against him because of the transaction of his business during the
period of the license applied for;
(H) Has no established place of business;
(I) Has less than twelve months prior to said application,
been denied a license under this chapter.
If the applicant is a corporation or partnership, the
registrar may refuse to issue a license if any officer, director,
or partner of the applicant has been guilty of any act or
omission which would be cause for refusing or revoking a license
issued to the officer, director, or partner as an individual.
The registrar's finding may be based upon facts contained in the
application or upon any other information which he may have.
Immediately upon denying an application for any of the reasons in
this section, the registrar shall enter a final order together
with his findings and certify the same to the motor vehicle
salvage dealer's licensing board.
An applicant who has been refused a license may appeal from
the action of the registrar to the motor vehicle salvage dealer's
licensing board in the manner prescribed in section 4738.12 of
the Revised Code.
Sec. 4738.18. (A) Any person licensed under division (A)
of
section 4738.03 of the Revised Code who wishes to purchase
salvage
motor vehicles at salvage motor vehicle auctions or
salvage motor
vehicle pools shall make application to the
registrar of motor
vehicles for a buyer's identification card.
The application shall
be on a form prescribed by the registrar
and shall contain the
applicant's name, principal business
address, the license number
under which the applicant will be
making purchases, and such other
information as the registrar
requires. In lieu of directly
obtaining a buyer's identification
card or in addition thereto,
any person licensed under division
(A) of section 4738.03 of the
Revised Code may designate up to
two employees to act as buyers
for the licensee. The licensee
shall make application for a
buyer's identification card for each
employee in the same manner
as for a card for the licensee.
(B) The fee for each buyer's identification card shall be
thirty-five dollars.
(C) Beginning on the effective date of this amendment September 16, 2004, each buyer's identification card shall expire biennially on a day within the two-year cycle that is prescribed by the registrar, unless sooner suspended or revoked. Before the first day after the day prescribed by the registrar in the year that the card expires, each cardholder shall file an application for renewal of the card, in a form that the registrar prescribes. A buyer's identification card is nontransferable. If
the holder of a card no longer possesses a valid salvage motor
vehicle dealer's license, or if an employee of the licensee
leaves
the employment of the licensee, the buyer's identification
card of
that person is invalid and the holder shall return the
card to the
registrar.
(D) Any person who holds a valid salvage motor vehicle
dealer's license from another state that imposes qualifications
and requirements with respect to the license that are equivalent
to those required by Chapter 4738. of the Revised Code may make
application and receive a buyer's identification card. The
person
shall make application to the registrar who shall, based
upon
the registrar's
investigation, issue a buyer's identification card to
those
applicants who the registrar determines are qualified.
(E) All applicants for a buyer's identification card must
be
of good financial repute and not have been convicted of or pleaded guilty to a
felony criminal offense that is substantially related to the purchase of salvage motor vehicles
as verified by a report from a law enforcement agency and
credit
report furnished to the registrar by the applicant.
(F) The registrar may revoke or suspend the license of any
salvage motor vehicle dealer who allows
the dealer's card or the card of
any employee to be used by any unauthorized person.
(G) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4740.06. (A) Any individual who applies for
a
license
shall file a written
application with
the appropriate
section of
the Ohio construction industry
licensing board,
accompanied with
the application fee as determined pursuant to
section
4740.09 of
the Revised Code. The individual shall file
the
application not more than sixty
days
nor less than
thirty days prior to the date of the
examination.
The application
shall be on the form the section prescribes and verified by the
applicant's
oath. The applicant shall provide
information satisfactory to
the
section showing that
the applicant meets the
requirements of division (B) of this
section.
(B) To qualify to take
an examination, an individual shall:
(1) Be at least eighteen years of age;
(2) Be a United States citizen or legal alien who produces valid documentation to demonstrate the individual is a legal resident of the United States;
(3) Either have been a tradesperson
in the type of
licensed trade for which the application is filed
for not less than
five years immediately prior to the date the
application is filed,
be an engineer, have three years of
business experience in the
construction industry, or have other
experience acceptable to the appropriate
section of the board;
(4) Maintain contractor's liability insurance, including
without limitation, complete operations coverage, in an amount
the appropriate section of the board determines;
(5) Not have done any of the following:
(a) Been convicted of or pleaded
guilty to a misdemeanor
involving moral turpitude or of any
felony criminal offense that is substantially related to the construction profession;
(b) Violated this chapter or any rule
adopted pursuant to
it;
(c) Obtained or renewed a license
issued pursuant to this
chapter, or any order, ruling, or
authorization of the board or a
section of the board by fraud,
misrepresentation, or deception;
(d) Engaged in fraud,
misrepresentation, or deception in the
conduct of
business.
(C) When an applicant for licensure as a contractor in a licensed trade meets the qualifications set
forth in
division (B) of this section and passes the required examination,
the
appropriate section of the
board, within ninety days after the
application was filed, shall authorize the
administrative section of the board
to
license the applicant for
the
type of contractor's license for which
the applicant
qualifies. A section of the board may withdraw its
authorization
to
the administrative section for issuance of a license for
good
cause shown, on the condition that notice of that
withdrawal is
given prior to the administrative section's
issuance of the
license.
(D) Each license expires one year
after the date of issue. An
individual
holding a valid,
unexpired license may
renew
the license, without reexamination,
by submitting an application
to the
appropriate section of the board not more than
ninety calendar
days before the
expiration of the license, along with the renewal fee the section requires and proof of compliance with
the applicable continuing
education requirements. The applicant shall provide information in the renewal application
satisfactory to demonstrate to the appropriate section
that
the applicant continues to meet the requirements of
division (B)
of this
section.
Upon application and within one calendar year after a license has expired, a section may waive any of the
requirements for renewal of a license upon finding that an
applicant substantially meets the renewal requirements or
that
failure to timely apply for renewal is due to excusable
neglect.
A section that
waives
requirements for renewal of a license may impose
conditions upon
the licensee and assess a late filing
fee of not more than double
the usual renewal fee. An applicant shall satisfy any condition the section imposes before a license is reissued.
(E) An individual
holding a valid license may
request the
section of the board that authorized
that
license to place the license in inactive status under
conditions, and for a period of time, as that
section
determines.
(F) Except for the
ninety-day extension provided for a license assigned to a business entity under
division
(D) of section 4740.07 of the
Revised
Code, a license
held by an
individual immediately terminates upon the death of the
individual.
(G) Nothing in any license issued by the Ohio
construction
industry licensing board shall be construed to limit or eliminate
any requirement of or any license issued by the Ohio fire marshal.
(H) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4740.10. (A) The appropriate section of the Ohio construction
industry licensing board may take any of the following actions against a licensee who violates Chapter 4740. of the Revised Code:
(1) Impose a fine on the licensee, not exceeding one thousand dollars per violation per day;
(2) Direct the administrative section to suspend the licensee's license for a period of time the section establishes;
(3) Direct the administrative section to revoke the licensee's license;
(4) Require the licensee to complete additional continuing education course work. Any continuing education course work completed pursuant to this division may not count toward any other continuing education requirements this chapter establishes.
(5) Direct the administrative
section to refuse to issue or renew a license
if
the section finds that the applicant or
licensee has
done any of the following:
(a) Been convicted of or pleaded guilty to a misdemeanor involving moral
turpitude or a felony criminal offense that is substantially related to the construction profession;
(b) Violated any provision of this chapter or the rules
adopted pursuant thereto;
(c) Obtained a license or any order, ruling, or
authorization of the board by fraud,
misrepresentation, or
deception;
(d) Engaged in fraud, misrepresentation, or deception in
the
conduct of business.
(B) The appropriate section of the board shall determine
the
length of time that a
license is to be
suspended and
whether or
when an individual whose
license
has been
revoked may apply for
reinstatement. The
appropriate section of the board may accept
or
refuse an
application for reinstatement and may require an
examination for
reinstatement.
(C) The appropriate section of the board may investigate any
alleged
violation of this chapter or the rules adopted pursuant
to it.
If, after an investigation, a section
determines
that any person has engaged or is engaging in any
practice that violates this chapter or the rules adopted pursuant
to it, that section may
apply to the
court of common pleas of
the county in which the
violation
occurred or is occurring for an injunction or other
appropriate
relief to enjoin or terminate the
violation.
(D) Any person who wishes to make a complaint against a
person who holds a license shall
submit the
complaint in writing
to the appropriate section of the board
within three years after the
date of the action or event upon which
the complaint is based.
(E) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4741.22. The As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
The state veterinary medical licensing board
may refuse to issue or renew a license, limited license, registration, or
temporary permit to or of any applicant who, and may issue a reprimand to,
suspend or revoke the license, limited license, registration, or the temporary
permit of, or impose a civil penalty pursuant to this section
upon any person holding a license, limited license, or temporary permit to practice veterinary medicine or any
person registered as a registered veterinary technician who:
(A) In the conduct of the person's practice does not conform to the
rules of the board or the standards of the profession governing proper, humane, sanitary, and
hygienic methods to be used in the care and treatment of animals;
(B) Uses fraud, misrepresentation, or deception in
any application or examination for licensure, or any other documentation created in the course of practicing veterinary medicine;
(C) Is found to be physically or psychologically addicted
to alcohol or an illegal or controlled substance, as defined in
section 3719.01 of the Revised Code, to such a
degree as to render the person unfit to practice veterinary
medicine;
(D) Directly or indirectly employs or lends the person's services to a
solicitor for the purpose of obtaining patients;
(E) Obtains a fee on the assurance that an incurable disease can be cured;
(F) Advertises in a manner that violates section 4741.21 of the Revised Code;
(G) Divides fees or charges or has any arrangement to
share fees or charges with any other person, except on the basis
of services performed;
(H) Sells any biologic containing living, dead, or
sensitized organisms or products of those organisms, except in a
manner that the board by rule has prescribed;
(I) Is convicted of or pleads guilty to any felony or crime involving illegal or prescription drugs a criminal offense that is substantially related to the practice of veterinary medicine or registered veterinary technician, or fails to report to the board within sixty days of the individual's conviction of, plea of guilty to, or treatment in lieu of conviction involving a felony, misdemeanor of the first degree, or offense involving illegal or prescription drugs criminal offense that is substantially related to the practice of veterinary medicine or registered veterinary technician;
(J) Is convicted of any violation of section 959.13 of the
Revised Code;
(K) Swears falsely in any affidavit required to be made by
the person in the course of the practice
of veterinary medicine;
(L) Fails to report promptly to the proper official any
known reportable disease;
(M) Fails to report promptly vaccinations or the results
of tests when required to do so by law or rule;
(N) Has been adjudicated incompetent for the purpose of
holding the license or permit by a court, as provided in Chapter 2111. of the Revised Code, and has not been restored to legal
capacity for that purpose;
(O) Permits a person who is not a licensed veterinarian, a
veterinary student, or a registered veterinary technician
to engage in work or perform duties in violation of this chapter;
(P) Is guilty of gross incompetence or gross negligence;
(Q) Has had a license to practice veterinary medicine or a
license, registration, or certificate to engage in activities as
a registered veterinary technician revoked, suspended, or acted
against by disciplinary action by an agency similar to this board
of another state, territory, or country or the District of
Columbia;
(R) Is or has practiced with a revoked, suspended,
inactive, expired, or terminated license or registration;
(S) Represents self as a specialist unless certified as
a specialist by the board;
(T) In the person's capacity as a veterinarian or registered
veterinary technician makes or files a report, health
certificate, vaccination certificate, or other document
that the person
knows is false or negligently or intentionally fails to file a
report or record required by any applicable state or federal law;
(U) Fails to use reasonable care in the administration of
drugs or acceptable scientific methods in the selection
of those drugs or other modalities for treatment of a disease or
in conduct of surgery;
(V) Makes available a dangerous drug, as defined in
section 4729.01 of the Revised
Code, to any
person other than for the specific treatment of an animal
patient;
(W) Refuses to permit a board investigator or the board's
designee to inspect the person's business premises during
regular business
hours, except as provided in division (A) of section 4741.26 of the Revised Code;
(X) Violates any order of the board or fails to comply
with a subpoena of the board;
(Y) Fails to maintain medical records as required by rule
of the board;
(Z) Engages in cruelty to animals;
(AA) Uses, prescribes, or sells any veterinary prescription drug or biologic, or prescribes any extra-label use of any over-the-counter drug or dangerous drug in the absence of a valid veterinary-client-patient relationship.
Before the board may revoke, deny, refuse to renew, or
suspend a license, registration, or temporary permit or otherwise
discipline the holder of a license, registration, or temporary
permit, the executive director shall file written charges with
the board. The board shall conduct a hearing on the charges as
provided in Chapter 119. of the Revised Code.
If the board, after a hearing conducted pursuant to Chapter
119. of the Revised Code, revokes, refuses to renew, or suspends
a license, registration, or temporary permit for a violation of this section, section 4741.23, division (C) or (D) of section 4741.19, or division
(B), (C), or (D) of section 4741.21 of the Revised Code, the
board may impose a civil penalty upon the holder of the license,
permit, or registration of not less than one hundred dollars or more
than one thousand dollars. In addition to the civil penalty
and any other penalties imposed pursuant to this chapter, the
board may assess any holder of a license, permit, or registration
the costs of the hearing conducted under this section if the
board determines that the holder has violated any provision for
which the board may impose a civil penalty under this section.
Sec. 4743.06. (A) As used in this section:
(1) A "criminal offense that is substantially related" means that the nature of the felony or misdemeanor offense for which the person was convicted or to which the person pleaded guilty has a direct bearing on the fitness or ability of the person to perform one or more of the duties or responsibilities necessarily related to a particular occupation, profession, or trade regulated by Title XLVII of the Revised Code.
(2) A "board, commission, or agency" includes only those boards, commissions, or agencies subject to section 4701.16, 4703.15, 4707.02, 4707.15, 4709.13, 4712.03, 4715.30, 4717.14, 4719.03, 4723.28, 4725.53, 4727.15, 4728.13, 4729.16, 4729.53, 4729.56, 4731.22, 4732.17, 4733.20, 4734.31, 4735.07, 4735.09, 4735.13, 4735.27, 4735.28, 4738.04, 4738.07, 4738.18, 4740.06, 4740.10, 4741.22, 4747.12, 4749.03, 4749.04, 4749.06, 4751.10, 4753.10, 4755.10, 4755.47, 4755.64, 4757.36, 4758.30, 4759.07, 4760.13, 4761.09, 4762.13, 4763.11, 4765.18, 4779.28, or 4781.09 of the Revised Code.
(B) Within ninety days of the effective date of this section, each board, commission, or agency shall adopt rules that identify each criminal offense that is substantially related to the occupation, profession, or trade under its supervision or regulation.
(C) Each board, commission, or agency shall keep records of the number of licenses, permits, registrations, and certificates denied, revoked, or suspended because the applicant or license, permit, registration, or certificate holder is convicted of or pleads guilty to a criminal offense that is substantially related to the occupation, profession, or trade under the supervision or regulation of the board, commission, or agency and of the reasons for the denial, revocation, or suspension.
(D) In the absence of fraud or bad faith, there is no private cause of action for damages against any board, commission, or agency; a current or former board, commission, or agency member; an agent of a board, commission, or agency; a person formally requested by a board, commission, or agency to be a representative of the entity; or an employee of a board, commission, or agency that grants a license, permit, registration, or certificate to a person who is convicted of or pleads guilty to a criminal offense if that person subsequent to receiving the license, permit, registration, or certificate commits another criminal offense.
Sec. 4747.12. The As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
The hearing aid dealers and fitters
licensing board may revoke or suspend a license or permit if the
person who holds such license or permit:
(A) Is convicted of or pleads guilty to a felony or a misdemeanor involving
moral turpitude criminal offense that is substantially related to the practice of hearing aid dealer or fitter. The record of conviction or guilty plea, or a copy thereof
certified by the clerk of the court or by the judge in whose
court the conviction or guilty plea occurs, is conclusive evidence of such
conviction;
(B) Procured a license or permit by fraud or deceit
practiced upon the board;
(C) Obtained any fee or made any sale of a hearing aid by
fraud or misrepresentation;
(D) Knowingly employed any person without a license or a
person whose license was suspended or revoked to engage in the
fitting or sale of hearing aids;
(E) Used or caused or promoted the use of any advertising
matter, promotional literature, testimonial, guarantee, warranty,
label, brand, insignia, or any other representation, however
disseminated or published, which is misleading, deceptive, or
untruthful;
(F) Advertised a particular model or type of hearing aid
for sale when purchasers or prospective purchasers responding to
the advertisement cannot purchase the specified model or type of
hearing aid;
(G) Represented or advertised that the service or advice
of a person licensed to practice medicine will be used or made
available in the selection, fitting, adjustment, maintenance, or
repair of hearing aids when such is not true, or using the words
"doctor," "clinic," or similar words, abbreviations, or symbols
which connote the medical profession when such use is not
accurate;
(H) Is found by the board to be a person of habitual
intemperance or gross immorality;
(I) Advertised a manufacturer's product or used a
manufacturer's name or trademark in a manner which suggested the
existence of a relationship with the manufacturer which did not
or does not exist;
(J) Fitted or sold, or attempted to fit or sell, a hearing
aid to a person without first utilizing the appropriate
procedures and instruments required for proper fitting of hearing
aids;
(K) Engaged in the fitting and sale of hearing aids under
a false name or an alias;
(L) Engaged in the practice of dealing in or fitting of
hearing aids while suffering from a contagious or infectious
disease;
(M) Was found by the board to be guilty of gross
incompetence or negligence in the fitting or sale of hearing
aids;
(N) Permitted another person to use his the licensee's license.
Sec. 4749.03. (A)(1) Any individual, including a partner
in a partnership, may be licensed as a private investigator under
a class B license, or as a security guard provider under a class
C license, or as a private investigator and a security guard
provider under a class A license, if the individual meets all of the
following requirements:
(a) Has a good reputation for integrity, has not been
convicted of or pleaded guilty to a felony criminal offense that is substantially related to the practice of private investigator or security guard provider within the last twenty years or any offense
involving moral turpitude, and has not been adjudicated
incompetent for the purpose of holding the license, as provided
in section 5122.301 of the Revised Code, without having been
restored to legal capacity for that purpose.
(b) Depending upon the class of license for which
application is made, for a continuous period of at least two
years immediately preceding application for a license, has
been engaged in investigatory or security services work for a law
enforcement or other public agency engaged in investigatory
activities, or for a private investigator or security guard
provider, or engaged in the practice of law, or has acquired
equivalent experience as determined by rule of the director of
public safety.
(c) Demonstrates competency as a private
investigator or security guard provider by passing an examination
devised for this purpose by the director, except that any
individually licensed person who qualifies a corporation for
licensure shall not be required to be reexamined if the
person qualifies the corporation in the same capacity that
the person was individually licensed.
(d) Submits evidence of comprehensive general
liability
insurance coverage, or other equivalent guarantee approved by the
director in such form and in principal amounts satisfactory to
the director, but not less than one hundred thousand dollars for
each person and three hundred thousand dollars for each
occurrence for bodily injury liability, and one hundred thousand
dollars for property damage liability.
(e) Pays the requisite examination and license fees.
(2) A corporation may be licensed as a private
investigator under a class B license, or as a security guard
provider under a class C license, or as a private investigator
and a security guard provider under a class A license, if an
application for licensure is filed by an officer of the
corporation and the officer, another officer, or the
qualifying agent of
the corporation satisfies the requirements of divisions (A)(1)
and (F)(1) of this section. Officers and the statutory agent of
a corporation shall be determined in accordance with Chapter
1701. of the Revised Code.
(3) At least one partner in a partnership shall be
licensed as a private investigator, or as a security guard
provider, or as a private investigator and a security guard
provider. Partners in a partnership shall be determined as
provided for in Chapter 1775. of the Revised Code.
(B) An application for a class A, B, or C license shall be completed in the form the director prescribes. In the case of an
individual, the application shall state the applicant's name,
birth date, citizenship, physical description, current residence,
residences for the preceding ten years, current employment,
employment for the preceding seven years, experience
qualifications, the location of each of the applicant's
offices in this state, and any other information that is necessary in order
for
the director to comply with the requirements of this chapter. In
the case of a corporation, the application shall state the name
of the officer or qualifying agent filing the application; the
state in which the corporation is incorporated and the date of
incorporation; the states in which the corporation is authorized
to transact business; the name of its qualifying agent; the name
of the officer or qualifying agent of the corporation who
satisfies the requirements of divisions (A)(1) and (F)(1) of this
section and the birth date, citizenship, physical description,
current residence, residences for the preceding ten years,
current employment, employment for the preceding seven years, and
experience qualifications of that officer or qualifying agent;
and other information that the director requires. A corporation
may specify in its application information relative to one or
more individuals who satisfy the requirements of divisions (A)(1)
and (F)(1) of this section.
The application described in this division shall be accompanied by all of the following:
(1) One recent full-face photograph of the applicant or,
in the case of a corporation, of each officer or qualifying agent
specified in the application as satisfying the requirements of
divisions (A)(1) and (F)(1) of this section;
(2) Character references from at least five reputable
citizens for the applicant or, in the case of a corporation, for
each officer or qualifying agent specified in the application as
satisfying the requirements of divisions (A)(1) and (F)(1) of
this section, each of whom has known the applicant, officer, or
qualifying agent for at least five years preceding the
application, and none of whom are connected with the applicant,
officer, or qualifying agent by blood or marriage;
(3) An examination fee of twenty-five dollars for the
applicant or, in the case of a corporation, for each officer or
qualifying agent specified in the application as satisfying the
requirements of divisions (A)(1) and (F)(1) of this section, and
a license fee in the amount the director determines, not to exceed three hundred seventy-five dollars. The license fee
shall be refunded if a license is not issued.
(C)(1) Each individual applying for a license and each individual specified by a corporation as an officer or qualifying agent in an application shall submit one complete set of fingerprints directly to the superintendent of the bureau of criminal identification and investigation for the purpose of conducting a criminal records check. The individual shall provide the fingerprints using a method the superintendent prescribes pursuant to division (C)(2) of section 109.572 of the Revised Code and fill out the form the superintendent prescribes pursuant to division (C)(1) of section 109.572 of the Revised Code. An applicant who intends to carry a firearm as defined in section 2923.11 of the Revised Code in the course of business or employment shall so notify the superintendent. This notification is in addition to any other requirement related to carrying a firearm that applies to the applicant. The individual or corporation requesting the criminal records check shall pay the fee the superintendent prescribes.
(2) The superintendent shall conduct the criminal records check as set forth in division (B) of section 109.572 of the Revised Code. If an applicant intends to carry a firearm in the course of business or employment, the superintendent shall make a request to the federal bureau of investigation for any information and review the information the bureau provides pursuant to division (B)(2) of section 109.572 of the Revised Code. The superintendent shall submit all results of the completed investigation to the director of public safety.
(3) If the director determines that the applicant,
officer, or qualifying agent meets the requirements of divisions
(A)(1)(a), (b), and (d) of this section and that an officer or
qualifying agent meets the requirement of division (F)(1) of this
section, the director shall notify the applicant, officer, or
agent of the time and place for the examination. If the director determines
that an applicant does not meet the requirements of divisions
(A)(1)(a), (b), and (d) of this section, the director shall
notify the applicant that the applicant's application is
refused and refund the license
fee. If the director determines that none of the individuals
specified in the application of a corporation as satisfying the
requirements of divisions (A)(1) and (F)(1) of this section meet
the requirements of divisions (A)(1)(a), (b), and (d) and (F)(1)
of this section, the director shall notify the corporation
that its application is refused and refund the license fee. If the bureau assesses the director a fee
for any investigation, the director, in addition to any other fee
assessed pursuant to this chapter, may assess the applicant,
officer, or qualifying agent, as appropriate, a fee that is equal
to the fee assessed by the bureau.
(D) If upon application, investigation, and examination,
the director finds that the applicant or, in the case of a
corporation, any officer or qualifying agent specified in the
application as satisfying the requirements of divisions (A)(1)
and (F)(1) of this section, meets the applicable requirements,
the director shall issue the applicant or the corporation a class A, B,
or C license. The director also shall issue an identification card to an applicant, but not
an officer or qualifying agent of a corporation, who meets the
applicable requirements. The license and
identification card shall state the licensee's name, the
classification of the license, the location of the
licensee's principal place of business in this state, and the expiration
date of the license, and, in the case of a corporation, it also shall state
the name of each officer or qualifying agent who satisfied the
requirements of divisions (A)(1) and (F)(1) of this section.
Licenses expire on the first day of March following the
date of initial issue, and on the first day of March of each year
thereafter. Annual renewals shall be according to the standard renewal
procedures contained in Chapter 4745. of the Revised Code, upon
payment of an annual renewal fee the director determines, not to exceed two hundred seventy-five dollars. No
license shall be renewed if the licensee or, in the case of a
corporation, each officer or qualifying agent who qualified the
corporation for licensure no longer meets the applicable
requirements of this section. No license shall be renewed unless
the licensee provides evidence of workers' compensation risk
coverage and unemployment compensation insurance coverage, other
than for clerical employees and excepting sole proprietors who are exempted
therefrom, as provided for in Chapters 4123.
and 4141. of the Revised Code, respectively, as well as the
licensee's state tax identification number. No reexamination
shall be required for renewal of a current license.
For purposes of this chapter, a class A, B, or C license
issued to a corporation shall be considered as also having
licensed the individuals who qualified the corporation for
licensure, for as long as they are associated with the
corporation.
For purposes of this division, "sole proprietor" means an individual
licensed under this chapter who does not employ any other individual.
(E) The director may issue a duplicate copy of a license
issued under this section for the purpose of replacement of a
lost, spoliated, or destroyed license, upon payment of a fee
the director determines, not exceeding twenty-five dollars. Any
change in license classification requires new application and
application fees.
(F)(1) In order to qualify a corporation for a class A, B,
or C license, an officer or qualifying agent may qualify another
corporation for similar licensure, provided that the officer or
qualifying agent is actively engaged in the business of both corporations.
(2) Each officer or qualifying agent who qualifies a
corporation for class A, B, or C licensure shall surrender any
personal license of a similar nature that the officer or
qualifying agent possesses.
(3) Upon written notification to the director, completion
of an application similar to that for original licensure,
surrender of the corporation's current license, and payment of a
twenty-five dollar fee, a corporation's class A, B, or C license
may be transferred to another corporation.
(4) Upon written notification to the director, completion
of an application similar to that for an individual seeking class
A, B, or C licensure, payment of a twenty-five dollar fee, and,
if the individual was the only individual that qualified a
corporation for licensure, surrender of the corporation's license, any officer
or qualifying agent who qualified a corporation for licensure under
this chapter may obtain a similar license in the
individual's own name without reexamination. A request by an officer or
qualifying agent for an individual license shall not affect a corporation's
license
unless the individual is the only individual that qualified
the corporation for licensure or all the other individuals who qualified the
corporation for licensure submit such requests.
(G) If a corporation is for any reason no longer
associated with an individual who qualified it for licensure
under this chapter, an officer of the corporation shall notify
the director of that fact by certified mail, return receipt
requested, within ten days after the association terminates. If
the notification is so given, the individual was the only
individual that qualified the corporation for licensure, and the
corporation submits the name of another officer or qualifying
agent to qualify the corporation for the license within thirty
days after the association terminates, the corporation may
continue to operate in the business of private investigation, the
business of security services, or both businesses in this state
under that license for ninety days after the association
terminates. If the officer or qualifying agent whose name is
submitted satisfies the requirements of divisions (A)(1) and
(F)(1) of this section, the director shall issue a new license to
the corporation within that ninety-day period. The names of more
than one individual may be submitted.
(H) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4749.04. (A) The
director of public safety may revoke,
suspend, or
refuse to renew, when a renewal form has been
submitted, the
license of any private
investigator or security
guard provider, or
the registration of
any
employee of a private
investigator or
security guard
provider, for any of the following:
(1) Violation of any of the provisions of division (B) or
(C) of section 4749.13 of the Revised Code;
(2) Conviction of or plea of guilty to a felony or a crime involving moral
turpitude criminal offense that is substantially related to the practice of private investigator or security guard provider;
(3) Violation of any rule of the
director
governing
private
investigators, the business of private
investigation,
security
guard providers, or the business of
security services;
(4) Testifying falsely under oath, or suborning perjury,
in
any judicial proceeding;
(5) Failure to
satisfy the requirements specified in
division (D) of section 4749.03 of the Revised Code.
Any person whose license or registration is revoked,
suspended, or not renewed
when a renewal form is submitted may
appeal in accordance with Chapter
119. of the Revised Code.
(B) In lieu of suspending, revoking, or refusing to renew
the class A, B, or C license, or of suspending, revoking, or
refusing to renew the registration of
an employee of
a class A,
B,
or C licensee, the
director
may impose a civil
penalty
of not
more than
one
hundred
dollars for each
calendar day of a violation of any of the
provisions of
this section or of division (B) or (C) of section
4749.13 of the
Revised Code or of a violation of any rule of the
director governing private investigators, the
business of private
investigation, security guard providers, or
the business of
security services.
(C) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4749.06. (A)
Each class A, B, or C licensee shall
register
the licensee's investigator or security guard
employees,
with the
department of public safety, which shall
maintain a
record of each licensee and registered employee and make it
available, upon
request, to any law enforcement
agency.
The class
A, B, or C
licensee shall file an
application to register
a new
employee no
sooner than three days
nor later than seven
calendar
days after the date
on which the
employee
is hired.
(B)(1)
Each employee's registration application shall be
accompanied by
one recent
photograph of the employee,
the
employee's physical
description, and the
registration fee the director determines, not to exceed forty dollars.
(2) The employee shall submit one complete set of fingerprints directly to the superintendent of the bureau of criminal identification and investigation for the purpose of conducting a criminal records check. The employee shall provide the fingerprints using a method the superintendent prescribes pursuant to division (C)(2) of section 109.572 of the Revised Code and fill out the form the superintendent prescribes pursuant to division (C)(1) of section 109.572 of the Revised Code. An employee who intends to carry a firearm as defined in section 2923.11 of the Revised Code in the course of business or employment shall so notify the superintendent. This notification is in addition to any other requirement related to carrying a firearm that applies to the employee. The individual or corporation requesting the criminal records check shall pay the fee the superintendent prescribes.
The superintendent shall conduct the criminal records check as set forth in division (B) of section 109.572 of the Revised Code. If an employee intends to carry a firearm in the course of business or employment, pursuant to division (B)(2) of section 109.572 of the Revised Code the superintendent shall make a request of the federal bureau of investigation for any information and review the information the bureau provides. The superintendent shall submit all results of the completed investigation to the director of public safety.
(3)
If, after
investigation, the bureau finds that the
employee
has not been
convicted of or pleaded guilty to a felony criminal offense that is substantially related to the practice of private investigator or security guard provider within the
last
twenty years,
the
director
shall issue
to the
employee an
identification card
bearing
the
license number
and
signature of
the licensee, which
in the
case of
a corporation
shall be the signature of its
president or
its
qualifying agent,
and containing the
employee's
name, address,
age, physical description,
and right
thumb print
or other
identifying mark as the director prescribes,
a recent
photograph
of the employee, and
the employee's
signature.
The director
may issue a duplicate of a lost,
spoliated, or destroyed
identification card issued under this
section, upon payment of a
fee fixed by the
director, not exceeding five
dollars.
(C)
Except as provided in division (E) of this section,
no
class A, B, or C licensee shall permit an employee,
other than an
individual who qualified a
corporation for
licensure, to engage in
the business of private
investigation,
the business of security
services, or both
businesses until the
employee
receives an
identification card from the department,
except that
pending the
issuance of an identification card, a
class A, B, or C
licensee
may offer for hire security guard or
investigator
employees
provided the licensee obtains a waiver
from the person
who
receives, for hire, security guard or
investigative services,
acknowledging that the person is aware
the employees have not
completed their registration and
agreeing
to their employment.
(D) If a class A, B, or C licensee, or a
registered
employee
of a class A, B, or C licensee, intends to carry a
firearm, as
defined in section 2923.11 of the Revised Code, in
the
course of
engaging in the business or employment,
the
licensee or
registered employee
shall
satisfactorily complete a firearms
basic
training program
that includes twenty hours of handgun
training
and five hours of
training in the use of other firearms,
if any
other firearm is to
be used, or equivalency training, if
authorized,
or shall be a
former peace officer who previously had
successfully completed a
firearms training course, shall receive a
certificate of
satisfactory completion of that program or written
evidence of
approval of the equivalency training, shall file an
application
for registration, shall receive a firearm-bearer
notation on
the licensee's or registered employee's
identification card, and shall annually requalify
on a firearms
range, all as described in division (A) of section
4749.10 of the
Revised Code. A private investigator, security
guard provider,
or
employee is authorized to carry a firearm only
in accordance
with
that division.
(E) This section does not apply to commissioned peace
officers,
as defined in division (B) of section 2935.01 of the
Revised
Code,
working for, either as an employee or independent
contractor, a class
A, B, or C licensee. For purposes of this
chapter,
a commissioned peace officer is an employee exempt from
registration.
(F) The registration of an investigator or security guard employee expires annually on the anniversary date of its initial issuance. Annual renewals shall be made pursuant to procedures the director establishes by rule and upon payment of a renewal fee the director determines, not to exceed thirty-five dollars. The director shall not renew the registration of any investigator or security guard employee who no longer meets the requirements of this section. No background check is required for annual renewal, but an investigator or security guard employee shall report any felony conviction to the employer and the director of public safety as a condition of continued registration.
(G) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4751.10. The As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
The license or registration, or both, or the temporary license
of any person practicing or offering to practice nursing home administration,
shall be revoked or suspended by the board of examiners of nursing home
administrators if such licensee or temporary licensee:
(A) Is unfit or incompetent by reason of negligence, habits, or other causes;
(B) Has willfully or repeatedly violated any of the provisions of Chapter
4751. of the Revised Code or the regulations adopted thereunder; or willfully
or repeatedly acted in a manner inconsistent with the health and safety of the
patients of the nursing home in which he the licensee or temporary
licensee is the administrator;
(C) Is guilty of fraud or deceit in the practice of nursing home
administration or in his the licensee's or temporary licensee's
admission to such practice;
(D) Has been convicted in a court of competent jurisdiction, either within or
without this state, of or pleaded guilty to a felony criminal offense that is substantially related to the practice of nursing home administration.
Proceedings under this section shall be instituted by the board or shall be
begun by filing with the board charges in writing and under oath.
Sec. 4753.10. In As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
In accordance with Chapter 119. of the
Revised Code, the board of speech-language pathology and
audiology may reprimand or place on probation a speech-language
pathologist or audiologist or suspend, revoke, or refuse to issue
or renew the license of a speech-language pathologist or
audiologist. Disciplinary actions may be taken by the board for
conduct that may result from but not necessarily be limited to:
(A) Fraud, deception, or misrepresentation in obtaining or
attempting to obtain a license;
(B) Fraud, deception, or misrepresentation in using a
license;
(D) Aiding or abetting unlicensed practice;
(E) Committing fraud, deception, or misrepresentation in
the practice of speech-language pathology or audiology including:
(1) Making or filing a false report or record in the
practice of speech-language pathology or audiology;
(2) Submitting a false statement to collect a fee;
(3) Obtaining a fee through fraud, deception, or
misrepresentation, or accepting commissions or rebates or other
forms of remuneration for referring persons to others.
(F) Using or promoting or causing the use of any
misleading, deceiving, improbable, or untruthful advertising
matter, promotional literature, testimonial, guarantee, warranty,
label, brand, insignia, or any other representation;
(G) Falsely representing the use or availability of
services or advice of a physician;
(H) Misrepresenting the applicant, licensee, or holder by
using the word "doctor" or any similar word, abbreviation, or
symbol if the use is not accurate or if the degree was not
obtained from an accredited institution;
(I) Committing any act of dishonorable, immoral, or
unprofessional conduct while engaging in the practice of
speech-language pathology or audiology;
(J) Engaging in illegal, incompetent, or habitually
negligent practice;
(K) Providing professional services while:
(1) Mentally incompetent;
(2) Under the influence of alcohol;
(3) Using any narcotic or controlled substance or other
drug that is in excess of therapeutic amounts or without valid
medical indication.
(L) Providing services or promoting the sale of devices,
appliances, or products to a person who cannot reasonably be
expected to benefit from such services, devices, appliances, or
products in accordance with results obtained utilizing
appropriate assessment procedures and instruments;
(M) Violating this chapter or any lawful order given or
rule adopted by the board;
(N) Being convicted of or pleading guilty or nolo
contendere to a felony or to a crime involving moral turpitude criminal offense that is substantially related to the practice of speech-language pathology or audiology,
whether or not any appeal or other proceeding is pending to have
the conviction or plea set aside;
(O) Being disciplined by a licensing or disciplinary
authority of this or any other state or country or convicted or
disciplined by a court of this or any other state or country for
an act that would be grounds for disciplinary action under this
section.
After revocation of a license under this section,
application may be made to the board for reinstatement. The
board, in accordance with an order of revocation as issued under
Chapter 119. of the Revised Code, may require an examination for
such reinstatement.
If any person has engaged in any practice which constitutes
an offense under the provisions of this chapter or rules
promulgated thereunder by the board, the board may apply to the
court of common pleas of the county for an injunction or other
appropriate order restraining such conduct, and the court may
issue such order.
Any person who wishes to make a complaint against any
person licensed pursuant to this chapter shall submit the
complaint in writing to the board within one year from the date
of the action or event upon which the complaint is based. The
board shall determine whether the allegations in the complaint
are of a sufficiently serious nature to warrant formal
disciplinary charges against the licensee pursuant to this
section. If the board determines that formal disciplinary
charges are warranted, it shall proceed in accordance with the
procedures established in Chapter 119. of the Revised Code.
Sec. 4755.10. (A) In accordance with
Chapter 119. of the Revised Code, the occupational therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board may suspend, revoke, or refuse to issue or renew
an occupational therapist or occupational therapy assistant license, or
reprimand or place a license holder on probation, for any of the following:
(1) Conviction of an or plea of guilty to a criminal offense involving moral turpitude or a felony reasonably that is substantially
related to the practice of occupational therapy, regardless of the state or
country in which the conviction or guilty plea occurred;
(2) Violation of any provision of sections 4755.01 to 4755.12 of the Revised
Code;
(3) Violation of any lawful order or rule of the occupational therapy
section;
(4) Obtaining a license or any
order, ruling, or
authorization by means of fraud, misrepresentation, or
concealment of material facts;
(5) Negligence or gross
misconduct in the pursuit of the profession of
occupational therapy;
(6) Accepting commissions or rebates or
other forms of
remuneration for referring persons to other professionals;
(7) Communicating, willfully and
without authorization, information received in
professional confidence;
(8) Using any narcotic or alcohol to an
extent that it impairs the ability to perform the
work of an occupational therapist or
occupational therapy assistant with safety to the public;
(9) Practicing in an area of
occupational therapy for which the individual is clearly
untrained or incompetent;
(10) Failing the licensing examination;
(11) Aiding or abetting the unlicensed
practice of occupational therapy;
(12) Having been disciplined by the occupational therapy licensing
authority of another state or country for an act that would constitute grounds
for discipline under this section;
(13) Except as provided in division (B) of this section:
(a) Waiving the payment of all or any part of a deductible
or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers occupational
therapy, would otherwise be required to pay if the waiver is used
as an enticement to a patient or group of patients to receive
health care services from that provider;
(b) Advertising that the
individual will waive the payment of
all or
any part of a deductible or copayment that a patient, pursuant to
a health insurance or health care policy, contract, or plan that
covers occupational therapy, would otherwise be required to pay.
(B) Sanctions
shall not be imposed under division (A)(13) of this section against
any
individual who waives deductibles and copayments as follows:
(1) In compliance with the health benefit plan that
expressly allows such a practice. Waiver of the deductibles or
copayments shall be made only with the full knowledge and
consent of the plan purchaser, payer, and third-party administrator.
Documentation of the consent shall be made available to the
section upon request.
(2) For professional services rendered to any other person
licensed pursuant to sections 4755.01 to 4755.12
of the Revised Code to the extent allowed by those sections and the rules of
the occupational therapy section.
(C) The suspension or revocation of a license under
this section is not effective until either the order for suspension or
revocation has been affirmed following an adjudication hearing, or the
time for requesting a hearing has elapsed.
When a license is revoked under this section, application
for reinstatement may not be made sooner than one year after the date of
revocation. The occupational therapy section may accept or refuse
an application for reinstatement and may require that the applicant pass an
examination as a condition of reinstatement.
When a license holder is placed on probation under this
section, the occupational therapy section's probation order shall be
accompanied by a statement of the conditions under which the individual may be
removed from probation and restored to unrestricted practice.
(D) If any person other than a licensed occupational
therapist or an occupational therapy assistant has engaged in any
practice that is prohibited under sections 4755.01 to
4755.12 of the Revised Code or the rules of the occupational therapy
section, the section may apply to the court of common pleas of
the county in which the violation occurred, for an injunction or
other appropriate order restraining this conduct, and the court
shall issue this order.
(E) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4755.47. (A) In accordance with
Chapter 119. of the Revised Code, the physical therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board may refuse to grant a license to an applicant for an
initial or renewed license as a physical therapist or physical therapist
assistant or, by vote of at least five members, may suspend or revoke the
license of a physical therapist or physical therapist assistant or reprimand
or place a license holder on probation, on any of the following grounds:
(1) Habitual indulgence in the use of controlled
substances, other habit-forming drugs, or alcohol to an extent
that affects the individual's professional
competency;
(2) Conviction of or plea of guilty to a felony or a crime involving moral
turpitude criminal offense that is substantially related to the practice of physical therapy, regardless of the state or country in which the
conviction or guilty plea occurred;
(3) Obtaining or attempting to obtain a license by fraud or deception;
(4) An adjudication by a court, as provided in section
5122.301 of the Revised Code, that the applicant or licensee is
incompetent for the purpose of holding the license and has not
thereafter been restored to legal capacity for that purpose;
(5) Subject to section 4755.471 of the Revised
Code, violation of the code of ethics of the American
physical therapy association;
(6) Violation of sections 4755.40 to
4755.56 of the Revised Code or any order issued or rule adopted under
those sections;
(7) Failure of the licensing examination;
(8) Aiding or abetting the unlicensed practice of physical therapy;
(9) Having been disciplined by the physical therapy licensing authority of
another state or country for an act that would constitute grounds for
discipline under this section;
(10) Except as provided in division (B) of this section:
(a) Waiving the payment of all or any part of a deductible
or copayment that a patient, pursuant to a health insurance or
health care policy, contract, or plan that covers physical
therapy, would otherwise be required to pay if the waiver is used
as an enticement to a patient or group of patients to receive
health care services from that provider;
(b) Advertising that the individual will
waive
the payment of all or
any part of a deductible or copayment that a patient, pursuant to
a health insurance or health care policy, contract, or plan that
covers physical therapy, would otherwise be required to pay.
(B) Sanctions shall not be imposed under
division (A)(10) of this section against any
individual who waives deductibles and copayments as follows:
(1) In compliance with the health benefit plan that
expressly allows such a practice. Waiver of the deductibles or
copayments shall be made only with the full knowledge and
consent of
the plan purchaser, payer, and third-party administrator.
Documentation of the consent shall be made available to the section
upon request.
(2) For professional services rendered to any other person
licensed pursuant to sections 4755.40 to 4755.56
of the Revised Code to the extent allowed by those sections
and the rules of the physical therapy section.
(C) When a license is revoked under this section, application for
reinstatement may not be made sooner than one year after the date of
revocation. The physical therapy section may accept or refuse an application
for reinstatement and may require that the applicant pass an examination as a
condition for reinstatement.
When a license holder is placed on probation under this section, the
physical therapy section's order for placement on probation shall be
accompanied by a statement of the conditions under which the individual may be
removed from probation and restored to unrestricted practice.
(D) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4755.64. (A) In accordance with Chapter 119.
of the Revised
Code, the athletic trainers section of the Ohio occupational
therapy, physical therapy, and athletic trainers board may
suspend, revoke, or refuse to issue or renew an athletic
trainers license, or reprimand or place a
licensee on probation, for any of the following:
(1) Conviction of an or plea of guilty to a criminal offense involving moral
turpitude substantially related to the practice of athletic trainer, regardless of the state or country in which the
conviction or guilty plea occurred;
(2) Violation of sections 4755.61 to 4755.65 of
the
Revised Code or any order or rule adopted thereunder;
(3) Obtaining a license through fraud, false or
misleading
representation, or concealment of material facts;
(4) Negligence or gross misconduct in
the practice of athletic training;
(5) Violating the standards of ethical conduct in
the
practice of athletic training as adopted by the athletic trainers
section under section 4755.61 of the Revised Code;
(6) Using any controlled substance or alcohol to the
extent that the ability to practice athletic training at a level
of competency is impaired;
(7) Practicing in an area of athletic training
for
which the individual is clearly untrained or
incompetent, or practiced
without the referral of a practitioner licensed under Chapter
4731. of the Revised Code, a dentist licensed under Chapter 4715.
of the Revised Code, a chiropractor licensed under Chapter 4734.
of the Revised Code, or a physical therapist licensed under this
chapter;
(8) Employing, directing,
or supervising a person in the
performance of athletic training procedures who is not authorized
to practice as a licensed athletic trainer under this chapter;
(9) Misrepresenting
educational attainments or the
functions the individual is authorized to perform
for the purpose of
obtaining some benefit related to the individual's athletic
training practice;
(10) Failing the licensing examination;
(11) Aiding or abetting the unlicensed practice of athletic training;
(12) Having been disciplined by the athletic training licensing authority
of another state or country for an act that would constitute grounds for
discipline under this section.
(B) If the athletic trainers section places a licensee on
probation under division (A) of this section, the section's order for
placement on probation shall be accompanied by a written statement of the
conditions under which the person may be removed from probation and
restored to unrestricted practice.
(C) A licensee whose license has been revoked under division (A) of this
section may apply to
the athletic trainers section for reinstatement of the license
one year following the date of revocation. The athletic trainers section may
accept or deny the
application for reinstatement and may require that the applicant
pass an examination as a condition for reinstatement.
(D) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4757.36. (A) The professional
standards committees of
the counselor, social worker,
and marriage and family
therapist board,
in accordance with Chapter 119. of the Revised
Code, may refuse to
issue a license or certificate of registration
applied for under this
chapter; refuse
to renew a license or
certificate of registration issued under this chapter;
suspend,
revoke, or otherwise restrict a license or certificate of
registration issued under this chapter; or reprimand a person
holding a
license or certificate of registration issued under this
chapter. Such
actions may be taken by the appropriate committee
if the applicant for a
license or certificate of registration or
the person holding a license or
certificate of registration has:
(1) Committed a violation of any provision of this chapter
or rules adopted under it;
(2) Knowingly made a false statement on an application
for
licensure or registration, or for renewal of a license or
certificate of registration;
(3) Accepted a commission or rebate for referring persons
to
any professionals licensed, certified, or registered by any
court
or board, commission, department, division, or other agency
of the
state, including, but not limited to, individuals practicing
counseling, social work,
or marriage and family therapy or
practicing in
fields related to counseling, social work,
or
marriage and family therapy;
(4) Failed to comply with section 4757.12 of the Revised
Code;
(5) Been convicted in this or any
other state of any crime
that is a felony or pleaded guilty in this state or any other state to a criminal offense that is substantially related to the practice of counselor, social worker, or marriage and family therapist in this state;
(6) Had the ability
to perform properly as a
professional
clinical counselor, professional counselor,
independent
marriage
and family therapist, marriage and family
therapist, social work
assistant, social worker, or independent social worker impaired
due to the
use of alcohol or other drugs or any other physical or
mental condition;
(7) Been convicted in this state or in any other state of
a
misdemeanor committed in the course of practice as a
professional
clinical counselor, professional counselor,
independent marriage
and family therapist, marriage and family
therapist, social work
assistant, social
worker, or independent social worker;
(8) Practiced outside the scope of practice applicable to
that person;
(9)(8) Practiced without complying with the supervision
requirements
specified under sections 4757.21 and 4757.26,
and
division
(F) of section
4757.30, of the Revised Code;
(10)(9) Violated the person's code of ethical practice adopted
by
rule of the board pursuant to section 4757.11 of the
Revised
Code;
(11)(10) Had a license or certificate of registration revoked
or
suspended, or voluntarily surrendered a license or
certificate of
registration in another state or jurisdiction for
an offense that
would be a violation of this chapter.
(B) One year or more after the date of suspension or
revocation of a license or certificate of registration under this
section, application may be made to the appropriate
professional
standards committee for reinstatement. The committee may accept
or refuse an application for
reinstatement. If a license has been
suspended or revoked, the committee may
require an examination for
reinstatement.
(C) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4758.30. (A) The chemical dependency professionals
board, in accordance with Chapter 119. of the Revised Code, may
refuse to issue a license or certificate applied for under this
chapter; refuse to renew a license or certificate issued under
this chapter; suspend, revoke, or otherwise restrict a license or
certificate issued under this chapter; or reprimand an individual
holding a license or certificate issued under this chapter. These
actions may be taken by the board regarding the applicant for a
license or certificate or the individual holding a license or
certificate for one or more of the following reasons:
(1) Violation of any provision of this chapter or rules
adopted under it;
(2) Knowingly making a false statement on an application
for a license or certificate or for renewal, restoration, or
reinstatement of a license or
certificate;
(3) Acceptance of a commission or rebate for referring an
individual to a person who holds a license or certificate issued
by, or who is registered with, an entity of state government,
including persons practicing chemical dependency counseling,
alcohol and other drug prevention services, or fields related to
chemical dependency counseling or alcohol and other drug
prevention services;
(4) Conviction in this or any other state of any crime that
is a felony or plea of guilty in this state or any other state to a criminal offense that is substantially related to the practice of chemical dependency professional in this state;
(5) Conviction in this or any other state of a misdemeanor
committed in the course of practice as an independent chemical
dependency counselor, chemical dependency counselor III, chemical
dependency counselor II, chemical dependency counselor I, chemical
dependency counselor assistant, prevention specialist II,
prevention specialist I, or registered applicant;
(6) Inability to practice as an independent chemical
dependency counselor, chemical dependency counselor III, chemical
dependency counselor II, chemical dependency counselor I, chemical
dependency counselor assistant, prevention specialist II,
prevention specialist I, or registered applicant due to abuse of
or dependency on alcohol or other drugs or other physical or
mental condition;
(7)(6) Practicing outside the individual's scope of practice;
(8)(7) Practicing without complying with the supervision
requirements specified under section 4758.56, 4758.59, or 4758.61
of the Revised Code;
(9)(8) Violation of the code of ethical practice and
professional conduct for chemical dependency counseling or alcohol
and other drug prevention services adopted by the board pursuant
to section 4758.23 of the Revised Code;
(10)(9) Revocation of a license or certificate or voluntary
surrender of a license or certificate in another state or
jurisdiction for an offense that would be a violation of this
chapter.
(B) An individual whose license or certificate has been
suspended or revoked under this section may apply to the board for
reinstatement after an amount of time the board shall determine in
accordance with rules adopted under section 4758.20 of the Revised
Code. The board may accept or refuse an application for
reinstatement. The board may require an examination for
reinstatement of a license or certificate that has been suspended
or revoked.
(C) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4759.07. (A) The Ohio board of dietetics may, in
accordance with Chapter 119. of the Revised Code, refuse to
issue, review, or renew, or may suspend, revoke, or impose
probationary conditions upon any license or permit to practice
dietetics, if the applicant has:
(1) Violated sections 4759.02 to 4759.10 of the Revised
Code or rules adopted under those sections;
(2) Knowingly made a false statement in his an application
for licensure or license renewal;
(3) Been convicted of any crime constituting a felony or pleaded guilty to in
this or any other state a criminal offense that is substantially related to the practice of dietetics;
(4) Been impaired in his ability to perform as a licensed
dietitian due to the use of a controlled substance or alcoholic
beverage;
(5) Been convicted of a misdemeanor committed in the
course of his work as a dietitian in this or any other state;
(6) A record of incompetent or negligent conduct in his the
practice of dietetics.
(B) One year or more after the date of suspension or
revocation of a license or permit, an application for
reinstatement of the license or permit may be made to the board.
The board shall grant or deny reinstatement with a hearing, at
the request of the applicant, in accordance with Chapter 119. of
the Revised Code and may impose conditions upon the
reinstatement, including the requirement of passing an
examination approved by the board.
(C) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4760.13. (A) The state medical board, by
an affirmative vote of not fewer than six members, may revoke
or may refuse to
grant a certificate of registration as an anesthesiologist assistant to a
person found by the board to have committed fraud,
misrepresentation, or deception in applying for or securing the
certificate.
(B) The board, by an affirmative
vote of not fewer than six members, shall, to the extent
permitted by law, limit, revoke, or suspend an individual's
certificate of registration as an anesthesiologist assistant, refuse to
issue a certificate to an applicant, refuse to reinstate a
certificate, or reprimand or place on probation the holder
of a certificate
for any of the following reasons:
(1) Permitting the holder's name or certificate to be used by another
person;
(2) Failure to comply with the requirements of this
chapter, Chapter 4731. of the Revised Code, or any
rules adopted by the board;
(3) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter,
Chapter 4731. of the Revised Code, or the
rules adopted by the board;
(4) A departure from, or failure to conform to, minimal standards of care
of similar practitioners under the same or similar circumstances whether or
not actual injury to the patient is established;
(5) Inability to practice according to
acceptable and prevailing standards of care by reason of mental
illness or physical illness, including physical deterioration
that adversely affects cognitive, motor, or perceptive skills;
(6) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual
or excessive use or abuse of drugs, alcohol, or other substances
that impair ability to practice;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent, deceptive, or misleading statement in
securing or attempting to secure a certificate of registration to practice as
an anesthesiologist assistant.
As used in this division,
"false, fraudulent, deceptive, or misleading statement" means a
statement that includes a misrepresentation of fact, is likely to
mislead or deceive because of a failure to disclose material
facts, is intended or is likely to create false or unjustified
expectations of favorable results, or includes representations or
implications that in reasonable probability will cause an
ordinarily prudent person to misunderstand or be deceived.
(9) The obtaining of, or attempting to obtain, money or
a thing of value by fraudulent misrepresentations in the course
of practice;
(10) A plea of guilty to, a judicial
finding of guilt of, or a judicial finding of eligibility for intervention in
lieu of conviction for, a felony criminal offense that is substantially related to the practice of anesthesiologist assistant;
(11) Commission of an act that constitutes a felony criminal offense that is substantially related to the practice of anesthesiologist assistant in
this state, regardless of the jurisdiction in which the act was
committed;
(12) A plea of guilty to, a judicial
finding of guilt of, or a judicial finding of eligibility for intervention in
lieu of conviction for, a misdemeanor committed in the course of
practice;
(13) A plea of guilty to, a judicial
finding of guilt of, or a judicial finding of eligibility for intervention in
lieu of conviction for, a misdemeanor
involving moral turpitude;
(14) Commission of an act in the course of practice that constitutes a
misdemeanor in this state,
regardless of the jurisdiction in which the act was
committed;
(15) Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in
which the act was committed;
(16) A plea of guilty to, a
judicial finding of guilt of, or a judicial finding of eligibility
for intervention in lieu of conviction for violating any state or federal law
regulating the possession, distribution, or use of any drug,
including trafficking in drugs;
(17)(13) Any of the following actions taken by the
state agency responsible for regulating the practice of anesthesiologist
assistants in another
jurisdiction, for any reason other than the
nonpayment of fees: the limitation, revocation, or suspension of
an individual's
license to practice; acceptance of an
individual's license surrender; denial of a license; refusal to
renew or reinstate a license; imposition of probation; or issuance of an order
of censure or other reprimand;
(18)(14) Violation of the conditions placed
by the board on a certificate of registration;
(19)(15)
Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of the Revised Code;
(20)(16) Failure to cooperate in an investigation conducted by
the board under section 4760.14 of the Revised
Code, including failure to comply with a subpoena or
order issued by the board or failure to answer truthfully a
question presented by the board at a deposition or in written
interrogatories, except that failure to cooperate with an
investigation shall not constitute grounds for discipline under
this section if a court of competent jurisdiction has issued an
order that either quashes a subpoena or permits the individual
to withhold the testimony or evidence in issue;
(21)(17) Failure to comply with any code of ethics established by the national
commission for the certification of anesthesiologist assistants;
(22)(18) Failure to notify the state medical board of the revocation
or failure to maintain certification from the national commission
for certification of anesthesiologist assistants.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under
Chapter 119. of the Revised Code, except that in
lieu of an adjudication,
the board may enter into a consent agreement
with an anesthesiologist assistant or applicant to resolve an
allegation of a violation of this chapter or any rule adopted
under it. A consent agreement, when ratified by an
affirmative vote of not fewer than six members of the board,
shall constitute the findings and order of the board with
respect to the matter addressed in the agreement. If the board
refuses to ratify a consent agreement, the admissions and
findings contained in the consent agreement shall be of no force
or effect.
(D) For purposes of divisions division (B)(11), (14), and (15) of
this section, the commission of the act may be established by a
finding by the board, pursuant to an
adjudication under Chapter 119. of the Revised Code, that the applicant
or certificate holder committed the act in question. The board shall have no
jurisdiction under these divisions this division in cases where the trial court
renders a final judgment in the certificate holder's favor and
that judgment is based upon an adjudication on the merits. The
board shall have jurisdiction under these divisions this division in cases
where the trial court issues an order of dismissal on technical
or procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect on a prior board order entered under the provisions of this
section or on the board's jurisdiction to take action under the
provisions of this section if, based upon a plea of
guilty,
a judicial finding of guilt, or a judicial finding of eligibility
for intervention in
lieu of conviction, the board issued a notice of opportunity for
a hearing prior to the court's order to seal the records. The board
shall not be required to seal, destroy, redact, or
otherwise modify its records to reflect the court's sealing of
conviction records.
(F) For purposes of this division, any
individual who holds a certificate of registration issued under
this chapter, or applies for a certificate of registration, shall
be deemed to have given consent to submit to a mental or
physical examination when directed to do so in writing by the
board and to have waived all objections to the admissibility of
testimony or examination reports that constitute a privileged
communication.
(1) In enforcing division (B)(5) of this
section, the board, on a showing of a possible violation, may
compel any individual who holds a certificate of registration
issued under this chapter or who has applied for a certificate of
registration pursuant to this chapter to submit to a mental
or physical examination, or both. A physical
examination may include an HIV test. The expense of
the examination is the responsibility of
the individual compelled to be examined. Failure to submit to a mental or
physical examination or consent to an HIV
test ordered by the board constitutes an admission of
the allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and final order
may be entered without the taking of testimony or presentation of
evidence. If the board finds an anesthesiologist assistant unable to
practice because of the reasons set forth in division
(B)(5) of this section, the
board shall require the anesthesiologist assistant to submit to care,
counseling, or treatment by physicians approved or designated by
the board, as a condition for an initial, continued, reinstated,
or renewed certificate of registration. An individual affected
by this division shall be afforded an opportunity to
demonstrate to the board the ability to resume practicing in compliance with
acceptable and prevailing standards of care.
(2) For purposes of division (B)(6) of this
section, if the board has reason to believe that any individual
who holds a certificate of registration issued under this chapter
or any applicant for a certificate of registration suffers such
impairment, the board may compel the individual to submit to a
mental or physical examination, or both. The expense of the
examination is the
responsibility of the
individual compelled to be examined. Any mental or
physical
examination required under this division shall be undertaken by a
treatment provider or physician qualified to conduct such
examination and chosen by the board.
Failure to submit to a mental or
physical examination ordered by
the board constitutes an
admission of the allegations against the individual unless the failure is
due to circumstances beyond the individual's control, and a
default and final order may be entered without the taking of
testimony or presentation of evidence. If the board determines
that the individual's ability to practice is impaired, the board
shall suspend the individual's certificate or deny the individual's
application and shall
require the individual, as a condition for an initial, continued,
reinstated, or renewed certificate of registration, to submit to
treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the anesthesiologist assistant
shall demonstrate to the board the ability to resume
practice in compliance with acceptable and prevailing standards
of care. The demonstration shall include the
following:
(a) Certification from a treatment provider
approved under section 4731.25 of the Revised
Code that the individual has successfully completed any required
inpatient treatment;
(b) Evidence of continuing full compliance with
an aftercare contract or consent agreement;
(c) Two written reports indicating that the
individual's ability to practice has been assessed and that the individual
has been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making such
assessments and shall describe the basis for their
determination.
The board may reinstate a certificate suspended under
this division after such demonstration and after the individual
has entered into a written consent agreement.
When the impaired anesthesiologist assistant resumes practice,
the board shall require continued monitoring of the anesthesiologist
assistant. The
monitoring shall include monitoring of
compliance with the written
consent agreement entered into before reinstatement or with
conditions imposed by board order after a hearing, and, on
termination of the consent agreement, submission to the board for
at least two years of annual written progress reports made under
penalty of falsification stating whether the anesthesiologist assistant has
maintained sobriety.
(G) If the secretary and supervising member
determine that there is clear and convincing evidence that an
anesthesiologist assistant has violated division (B) of this
section and that the individual's continued practice
presents a danger of immediate and serious harm to the public,
they may recommend that the board suspend the individual's certificate
or registration without
a prior hearing. Written allegations shall be prepared for
consideration by the board.
The board, on review of the allegations and by an
affirmative
vote of not fewer than six of its members, excluding the
secretary and supervising member, may suspend a certificate
without a prior hearing. A telephone conference call may be
utilized for reviewing the allegations and taking the vote on the summary
suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be
subject to suspension by the court during pendency of any appeal
filed under section 119.12 of the Revised
Code. If the anesthesiologist assistant requests an adjudicatory
hearing by the board, the date set for the hearing shall be
within fifteen days, but not earlier than seven days, after the
anesthesiologist assistant requests the hearing, unless otherwise
agreed to by both the board and the certificate holder.
A summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code
becomes effective. The board shall issue its final adjudicative
order within sixty days after completion of its hearing. Failure to issue the
order within sixty days shall result in
dissolution of the summary suspension order, but shall not
invalidate any subsequent, final adjudicative order.
(H) If the board takes
action under
division (B)(11), (13), or (14) of this section, and the
judicial finding of guilt, guilty plea,
or
judicial finding of eligibility for intervention in lieu of conviction is
overturned on appeal, on exhaustion of the criminal appeal, a
petition for reconsideration of the order may be filed with the
board along with appropriate court documents. On receipt of
a petition and supporting court documents, the board shall
reinstate the certificate of registration. The
board may then hold an adjudication under Chapter 119. of the
Revised Code to determine whether the
individual committed the act in question. Notice of
opportunity for hearing shall be given in accordance with
Chapter 119. of the Revised Code. If the
board finds, pursuant to an adjudication held under
this division, that the individual committed the act, or if no
hearing is requested, it may order any of the sanctions
specified in division (B) of this section.
(I) The certificate of registration of an
anesthesiologist assistant and
the assistant's practice in this state are automatically suspended
as of the date the anesthesiologist assistant pleads guilty to, is found by a
judge
or jury to be guilty of, or is subject to a judicial finding of eligibility
for intervention in lieu of conviction in this state or treatment of
intervention in lieu of conviction in another jurisdiction for any of the
following criminal offenses in this state or a offense that is
substantially equivalent criminal offense in another
jurisdiction: aggravated murder, murder, voluntary
manslaughter, felonious assault, kidnapping, rape, sexual
battery, gross sexual imposition, aggravated arson, aggravated
robbery, or aggravated burglary related to the practice of anesthesiologist assistant. Continued
practice after the suspension
shall be considered practicing without a
certificate.
The board shall notify the individual subject to
the suspension by certified mail or in person in accordance with section
119.07 of the Revised Code. If an individual whose
certificate is suspended under this division fails to make a
timely request for an
adjudication under Chapter 119. of the Revised Code, the board shall enter
a final order permanently revoking the individual's certificate
of registration.
(J) In any instance in which the board is required
by Chapter 119. of the Revised Code to give notice of
opportunity for hearing and the
individual subject to the notice does not timely request a hearing in
accordance with section
119.07 of the Revised Code, the board is not required
to hold a hearing, but may adopt, by an affirmative vote of
not fewer than
six of its members, a final order that contains the board's
findings. In the final order, the board may order any of the
sanctions identified under division (A) or (B) of this
section.
(K) Any action taken by the board under
division (B) of this section resulting in a suspension
shall be accompanied by a written statement of the
conditions under which the anesthesiologist assistant's
certificate may be reinstated. The board
shall adopt rules in accordance with
Chapter 119. of the Revised Code governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative
vote of not fewer than six members of the board.
(L) When the board
refuses to grant a certificate of registration as an
anesthesiologist assistant to an applicant,
revokes an individual's certificate
of registration, refuses to renew a certificate of registration,
or refuses to reinstate an individual's certificate of
registration, the board may specify that its action is
permanent. An individual subject to a permanent action taken by
the board is forever thereafter ineligible to hold a certificate
of registration as an anesthesiologist assistant and the board shall not
accept an
application for reinstatement of the certificate or for issuance
of a new certificate.
(M) Notwithstanding any other provision of the
Revised Code, all of the following apply:
(1) The surrender of a certificate of
registration issued under this chapter
is not effective unless or until accepted by the board. Reinstatement
of a certificate surrendered to the board requires an affirmative
vote of not fewer than six members of the board.
(2) An application made under this
chapter for a certificate of registration
may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a certificate
of registration in accordance with section 4760.06 of the
Revised Code shall not remove or limit the board's
jurisdiction to take disciplinary action under this section against
the individual.
(N) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4761.09. (A) The Ohio respiratory care board may
refuse
to issue or renew a license or a limited permit, may issue
a reprimand,
may suspend or permanently revoke a license or
limited permit, or may
place a license or
limited permit holder on
probation, on any of the following grounds:
(1) A plea of
guilty to, a judicial finding of guilt of, or
a judicial finding
of eligibility for intervention in lieu of
conviction for
an a criminal offense involving moral turpitude or
of a
felony that is substantially related to the practice of respiratory care, in which case a certified
copy of the court record shall
be conclusive evidence of the matter;
(2) Violating any provision of this chapter or an order or
rule of the board;
(3) Assisting another person in that person's violation of
any provision
of this chapter or an order or rule of the board;
(4) Obtaining a license or limited permit by means of
fraud,
false
or misleading representation, or concealment of material
facts or making
any other material misrepresentation to the board;
(5) Being guilty of negligence or gross misconduct in the
practice of respiratory care;
(6) Violating the standards of ethical conduct adopted by
the board, in the practice of respiratory care;
(7) Engaging in dishonorable, unethical, or
unprofessional
conduct of a
character likely to deceive, defraud, or harm the
public;
(8) Using any dangerous drug, as
defined in section 4729.01
of the Revised Code,
or alcohol to the
extent that the use impairs
the ability to practice respiratory care
at an acceptable level of
competency;
(9) Practicing respiratory care while mentally
incompetent;
(10) Accepting commissions, rebates, or other forms of
remuneration for patient referrals;
(11) Practicing in an area of respiratory care for which
the
person is clearly untrained or incompetent or practicing
in a
manner that conflicts with section 4761.17 of the Revised
Code;
(12) Employing, directing, or supervising a person who is
not authorized to practice respiratory care under this chapter in
the performance of respiratory care procedures;
(13) Misrepresenting educational attainments or
authorized
functions for the purpose of obtaining some benefit related to
the
practice of respiratory care;
(14) Assisting suicide as defined in section 3795.01 of the
Revised Code.
Before the board may take any action under this section,
other than
issuance
of a
summary suspension order under division
(C) of this section, the
executive director of the board shall
prepare and file written charges with the board.
Disciplinary
actions taken
by the board under this section shall be taken
pursuant to an adjudication
under Chapter 119. of the Revised
Code,
except that in lieu of an
adjudication, the board may enter
into a consent agreement to
resolve an allegation of a violation
of this chapter or any rule
adopted under it. A consent
agreement, when ratified by the
board, shall constitute the
findings and order of the board with
respect to the matter
addressed in the agreement. If the board
refuses to ratify a
consent agreement, the admissions and findings
contained in the
consent agreement shall be of no effect.
(B) If the board orders a license or limited permit holder
placed on
probation, the order shall be accompanied by a written
statement
of the conditions under which the person may be restored
to
practice.
The person may reapply to the board for original issuance
of
a license after one year following the date the license was
denied.
A person may apply to the board for the reinstatement of a
license or limited permit after one year following the date of
suspension or refusal to renew. The board may
accept or refuse
the application for reinstatement and may
require that the
applicant pass a reexamination as a condition of
eligibility for
reinstatement.
(C) If the president and secretary of the board
determine
that there is clear and convincing evidence that a
license or
limited permit holder has committed an act that is
grounds for
board action under division
(A) of this section and that
continued
practice by the license or permit holder presents a
danger of
immediate and serious harm to the public, the
president and
secretary may recommend that the board suspend the
license or
limited permit without a prior hearing. The
president and
secretary shall submit in writing to the board the
allegations
causing them to recommend the suspension.
On review of the allegations, the board, by a vote of not
less than seven of its members, may suspend a license or limited
permit without a prior hearing. The board may review the
allegations and vote on the suspension by a telephone conference
call.
If the board votes to suspend a license or limited permit
under this division, the board shall issue a written order of
summary suspension to the license or limited permit holder in
accordance with section 119.07 of the
Revised
Code. If the
license or
limited permit holder requests a hearing by the board,
the board
shall conduct the hearing in accordance with
Chapter
119. of the Revised Code. Notwithstanding section 119.12 of the
Revised Code, a court of common pleas shall not grant a suspension
of the
board's order of summary
suspension pending determination
of an appeal filed under that
section.
Any order of summary suspension issued under this division
shall remain in effect until a final adjudication order issued
by
the board pursuant to division
(A) of this section becomes
effective. The board shall issue its final adjudication order
regarding an order of summary suspension issued under this
division not later than sixty days after completion of its
hearing. Failure to issue the order within sixty days shall
result in immediate dissolution of the suspension order, but
shall
not invalidate any subsequent, final adjudication order.
(D) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4762.13. (A) The state medical board, by
an affirmative vote of not fewer than six members, may revoke
or may refuse to
grant a certificate of registration as an acupuncturist to a
person found by the board to have committed fraud,
misrepresentation, or deception in applying for or securing the
certificate.
(B) The board, by an affirmative
vote of not fewer than six members, shall, to the extent
permitted by law, limit, revoke, or suspend an individual's
certificate of registration as an acupuncturist, refuse to
issue a certificate to an applicant, refuse to reinstate a
certificate, or reprimand or place on probation the holder
of a certificate
for any of the following reasons:
(1) Permitting the holder's name or certificate to be used by another
person;
(2) Failure to comply with the requirements of this
chapter, Chapter 4731. of the Revised Code, or any
rules adopted by the board;
(3) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter,
Chapter 4731. of the Revised Code, or the
rules adopted by the board;
(4) A departure from, or failure to conform to, minimal standards of care
of similar practitioners under the same or similar circumstances whether or
not actual injury to the patient is established;
(5) Inability to practice according to
acceptable and prevailing standards of care by reason of mental
illness or physical illness, including physical deterioration
that adversely affects cognitive, motor, or perceptive skills;
(6) Impairment of ability to practice according to
acceptable and prevailing standards of care because of habitual
or excessive use or abuse of drugs, alcohol, or other substances
that impair ability to practice;
(7) Willfully betraying a professional confidence;
(8) Making a false, fraudulent,
deceptive, or misleading statement in soliciting or advertising
for patients or in securing or attempting to secure a certificate of
registration to practice as an acupuncturist.
As used in this division,
"false, fraudulent, deceptive, or misleading statement" means a
statement that includes a misrepresentation of fact, is likely to
mislead or deceive because of a failure to disclose material
facts, is intended or is likely to create false or unjustified
expectations of favorable results, or includes representations or
implications that in reasonable probability will cause an
ordinarily prudent person to misunderstand or be deceived.
(9) Representing, with the purpose of obtaining
compensation or other advantage personally or for any other
person, that an incurable disease or injury, or other incurable
condition, can be permanently cured;
(10) The obtaining of, or attempting to obtain, money or a
thing of value by fraudulent misrepresentations in the course
of practice;
(11) A plea of guilty to, a judicial
finding of guilt of, or a judicial finding of eligibility for intervention in
lieu of conviction for, a felony criminal offense that is substantially related to the practice of acupuncture;
(12) Commission of an act that constitutes a felony criminal offense that is substantially related to the practice of acupuncture in
this state, regardless of the jurisdiction in which the act was
committed;
(13) A plea of guilty to, a judicial
finding of guilt of, or a judicial finding of eligibility for intervention in
lieu of conviction for, a misdemeanor committed in the course of
practice;
(14) A plea of guilty to, a judicial
finding of guilt of, or a judicial finding of eligibility for intervention in
lieu of conviction for, a misdemeanor
involving moral turpitude;
(15) Commission of an act in the course of practice that constitutes a
misdemeanor in this state,
regardless of the jurisdiction in which the act was
committed;
(16) Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in
which the act was committed;
(17) A plea of guilty to, a
judicial finding of guilt of, or a judicial finding of eligibility
for intervention in lieu of conviction for violating any state or federal law
regulating the possession, distribution, or use of any drug,
including trafficking in drugs;
(18)(14) Any of the following actions taken by the
state agency responsible for regulating the practice of acupuncture in another
jurisdiction, for any reason other than the
nonpayment of fees: the limitation, revocation, or suspension of
an individual's
license to practice; acceptance of an
individual's license surrender; denial of a license; refusal to
renew or reinstate a license; imposition of probation; or issuance of an order
of censure or other reprimand;
(19)(15) Violation of the conditions placed
by the board on a certificate of registration;
(20)(16) Failure to use universal blood and body fluid
precautions established by rules adopted under section 4731.051
of the Revised Code;
(21)(17) Failure to cooperate in an investigation conducted by
the board under section 4762.14 of the Revised
Code, including failure to comply with a subpoena or
order issued by the board or failure to answer truthfully a
question presented by the board at a deposition or in written
interrogatories, except that failure to cooperate with an
investigation shall not constitute grounds for discipline under
this section if a court of competent jurisdiction has issued an
order that either quashes a subpoena or permits the individual
to withhold the testimony or evidence in issue;
(22)(18) Failure to comply with the standards of the national certification
commission for acupuncture and oriental medicine regarding professional
ethics, commitment to patients, commitment to the profession, and commitment
to the public.
(C) Disciplinary actions taken by the board under divisions
(A) and (B) of this section shall be taken pursuant to an
adjudication under
Chapter 119. of the Revised Code, except that in
lieu of an adjudication,
the board may enter into a consent agreement
with an acupuncturist or applicant to resolve an
allegation of a violation of this chapter or any rule adopted
under it. A consent agreement, when ratified by an
affirmative vote of not fewer than six members of the board,
shall constitute the findings and order of the board with
respect to the matter addressed in the agreement. If the board
refuses to ratify a consent agreement, the admissions and
findings contained in the consent agreement shall be of no force
or effect.
(D) For purposes of divisions division (B)(12), (15), and (16) of
this section, the commission of the act may be established by a
finding by the board, pursuant to an
adjudication under Chapter 119. of the Revised Code, that the applicant
or certificate holder committed the act in question. The board shall have no
jurisdiction under these divisions this division in cases where the trial court
renders a final judgment in the certificate holder's favor and
that judgment is based upon an adjudication on the merits. The
board shall have jurisdiction under these divisions this division in cases
where the trial court issues an order of dismissal upon technical
or procedural grounds.
(E) The sealing of conviction records by any court shall have
no effect upon a prior board order entered under the provisions of this
section or upon the board's jurisdiction to take action under the
provisions of this section if, based upon a plea of
guilty,
a judicial finding of guilt, or a judicial finding of eligibility
for intervention in lieu of conviction, the board issued a notice of
opportunity for
a hearing prior to the court's order to seal the records. The board
shall not be required to seal, destroy, redact, or
otherwise modify its records to reflect the court's sealing of
conviction records.
(F) For purposes of this division, any
individual who holds a certificate of registration issued under
this chapter, or applies for a certificate of registration, shall
be deemed to have given consent to submit to a mental or
physical examination when directed to do so in writing by the
board and to have waived all objections to the admissibility of
testimony or examination reports that constitute a privileged
communication.
(1) In enforcing division (B)(5) of this
section, the board, upon a showing of a possible violation, may
compel any individual who holds a certificate of registration
issued under this chapter or who has applied for a certificate of
registration pursuant to this chapter to submit to a mental
examination, physical examination, including an
HIV test, or both a mental and physical
examination. The expense of
the examination is the responsibility of
the individual compelled to be examined. Failure to submit to a mental or
physical examination or consent to an HIV
test ordered by the board constitutes an admission of
the allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and final order
may be entered without the taking of testimony or presentation of
evidence. If the board finds an acupuncturist unable to
practice because of the reasons set forth in division
(B)(5) of this section, the
board shall require the acupuncturist to submit to care,
counseling, or treatment by physicians approved or designated by
the board, as a condition for an initial, continued, reinstated,
or renewed certificate of registration. An individual affected
by this division shall be afforded an opportunity to
demonstrate to the board the ability to resume practicing in compliance with
acceptable and prevailing standards of care.
(2) For purposes of division (B)(6) of this
section, if the board has reason to believe that any individual
who holds a certificate of registration issued under this chapter
or any applicant for a certificate of registration suffers such
impairment, the board may compel the individual to submit to a
mental or physical examination, or both. The expense of the
examination is the
responsibility of the
individual compelled to be examined. Any mental or
physical
examination required under this division shall be undertaken by a
treatment provider or physician qualified to conduct such
examination and chosen by the board.
Failure to submit to a mental or
physical examination ordered by
the board constitutes an
admission of the allegations against the individual unless the failure is
due to circumstances beyond the individual's control, and a
default and final order may be entered without the taking of
testimony or presentation of evidence. If the board determines
that the individual's ability to practice is impaired, the board
shall suspend the individual's certificate or deny the individual's
application and shall
require the individual, as a condition for an initial, continued,
reinstated, or renewed certificate of registration, to submit to
treatment.
Before being eligible to apply for reinstatement of a
certificate suspended under this division, the acupuncturist shall demonstrate
to the board the ability to resume
practice in compliance with acceptable and prevailing standards
of care. The demonstration shall include the
following:
(a) Certification from a treatment provider
approved under section 4731.25 of the Revised
Code that the individual has successfully completed any required
inpatient treatment;
(b) Evidence of continuing full compliance with
an aftercare contract or consent agreement;
(c) Two written reports indicating that the
individual's ability to practice has been assessed and that the individual
has been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by
individuals or providers approved by the board for making such
assessments and shall describe the basis for their
determination.
The board may reinstate a certificate suspended under
this division after such demonstration and after the individual
has entered into a written consent agreement.
When the impaired acupuncturist resumes practice,
the board shall require continued monitoring of the acupuncturist. The
monitoring shall include monitoring of
compliance with the written
consent agreement entered into before reinstatement or with
conditions imposed by board order after a hearing, and, upon
termination of the consent agreement, submission to the board for
at least two years of annual written progress reports made under
penalty of falsification stating whether the acupuncturist has maintained
sobriety.
(G) If the secretary and supervising member
determine that there is clear and convincing evidence that an
acupuncturist has violated division (B) of this
section and that the individual's continued practice
presents a danger of immediate and serious harm to the public,
they may recommend that the board suspend the individual's certificate of
registration without
a prior hearing. Written allegations shall be prepared for
consideration by the board.
The board, upon review of the allegations and by an
affirmative
vote of not fewer than six of its members, excluding the
secretary and supervising member, may suspend a certificate
without a prior hearing. A telephone conference call may be
utilized for reviewing the allegations and taking the vote on the summary
suspension.
The board shall issue a written order of suspension by
certified mail or in person in accordance with section 119.07 of
the Revised Code. The order shall not be
subject to suspension by the court during pendency of any appeal
filed under section 119.12 of the Revised
Code. If the acupuncturist requests an adjudicatory
hearing by the board, the date set for the hearing shall be
within fifteen days, but not earlier than seven days, after the
acupuncturist requests the hearing, unless otherwise
agreed to by both the board and the certificate holder.
A summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicative order issued by the board pursuant to this section
and Chapter 119. of the Revised Code
becomes effective. The board shall issue its final adjudicative
order within sixty days after completion of its hearing. Failure to issue the
order within sixty days shall result in
dissolution of the summary suspension order, but shall not
invalidate any subsequent, final adjudicative order.
(H) If the board takes
action under
division (B)(11), (13), or (14) of this section, and the
judicial finding of guilt, guilty plea,
or judicial finding of eligibility for intervention in lieu of conviction is
overturned on appeal, upon exhaustion of the criminal appeal, a
petition for reconsideration of the order may be filed with the
board along with appropriate court documents. Upon receipt of
a petition and supporting court documents, the board shall
reinstate the certificate of registration. The
board may then hold an adjudication under Chapter 119. of the
Revised Code to determine whether the
individual committed the act in question. Notice of
opportunity for hearing shall be given in accordance with
Chapter 119. of the Revised Code. If the
board finds, pursuant to an adjudication held under
this division, that the individual committed the act, or if no
hearing is requested, it may order any of the sanctions
specified in division (B) of this section.
(I) The certificate of registration of an
acupuncturist and
the acupuncturist's practice in this state are automatically suspended
as of the date the acupuncturist pleads guilty to, is found by a judge
or jury to be guilty of, or is subject to a judicial finding of eligibility
for intervention in lieu of conviction in this state or treatment or
intervention
in lieu of conviction in another jurisdiction for any of the
following criminal offenses in this state or a offense that is
substantially equivalent criminal offense in another
jurisdiction: aggravated murder, murder, voluntary
manslaughter, felonious assault, kidnapping, rape, sexual
battery, gross sexual imposition, aggravated arson, aggravated
robbery, or aggravated burglary related to the practice of acupuncture. Continued
practice after the suspension
shall be considered practicing without a
certificate.
The board shall notify the individual subject to
the suspension by certified mail or in person in accordance with section
119.07 of the Revised Code. If an individual whose
certificate is suspended under this division fails to make a
timely request for an
adjudication under Chapter 119. of the Revised Code, the board shall enter
a final order permanently revoking the individual's certificate
of registration.
(J) In any instance in which the board is required
by Chapter 119. of the Revised Code to give notice of
opportunity for hearing and the
individual subject to the notice does not timely request a hearing in
accordance with section
119.07 of the Revised Code, the board is not required
to hold a hearing, but may adopt, by an affirmative vote of
not fewer than
six of its members, a final order that contains the board's
findings. In the final order, the board may order any of the
sanctions identified under division (A) or (B) of this
section.
(K) Any action taken by the board under
division (B) of this section resulting in a suspension
shall be accompanied by a written statement of the
conditions under which the acupuncturist's
certificate may be reinstated. The board
shall adopt rules in accordance with
Chapter 119. of the Revised Code governing conditions to be imposed for
reinstatement. Reinstatement of a certificate suspended pursuant
to division (B) of this section requires an affirmative
vote of not fewer than six members of the board.
(L) When the board
refuses to grant a certificate of registration as an
acupuncturist to an applicant,
revokes an individual's certificate
of registration, refuses to renew a certificate of registration,
or refuses to reinstate an individual's certificate of
registration, the board may specify that its action is
permanent. An individual subject to a permanent action taken by
the board is forever thereafter ineligible to hold a certificate
of registration as an acupuncturist and the board shall not accept an
application for reinstatement of the certificate or for issuance
of a new certificate.
(M) Notwithstanding any other provision of the
Revised Code, all of the following apply:
(1) The surrender of a certificate of
registration as an acupuncturist issued under this chapter
is not effective unless or until accepted by the board. Reinstatement
of a certificate surrendered to the board requires an affirmative
vote of not fewer than six members of the board.
(2) An application made under this
chapter for a certificate of registration
may not be withdrawn without approval of the board.
(3) Failure by an individual to renew a certificate
of registration in accordance with section 4762.06 of the
Revised Code shall not remove or limit the board's
jurisdiction to take disciplinary action under this section against
the individual.
(N) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4763.11. (A) Within five business days after a
person files a signed written complaint against a person
certified, registered, or licensed under this chapter with the
division of
real estate, the superintendent of real estate shall acknowledge
receipt of the complaint or request and send a notice to the
certificate holder, registrant, or licensee describing the acts
of which there
is a complaint. The acknowledgement to the complainant and the
notice to the certificate holder, registrant, or licensee shall
state that an
informal meeting will be held with the complainant, the
certificate holder, registrant, or licensee, and an investigator
from the
investigation and audit section of the division, if the
complainant and certificate holder, registrant, or licensee both
file a
request for such a meeting within ten business days thereafter on
a form the superintendent provides.
(B) If the complainant and certificate holder, registrant, or
licensee
both file with the division requests for an informal meeting, the
superintendent shall notify the complainant and certificate
holder, registrant, or licensee of the date of the meeting,
which shall be
within twenty business days thereafter, except that the
complainant, certificate holder, registrant, or licensee may request an
extension of up to fifteen business days for good cause shown. If
the complainant and certificate holder, registrant, or
licensee reach an
accommodation at an informal meeting, the investigator shall so
report to the superintendent and to the complainant and
certificate holder, registrant, or licensee and the complaint
file shall be
closed, unless, based upon the investigator's report, the
superintendent finds evidence that the certificate holder,
registrant, or
licensee has violated division (G) of this section.
(C) If the complainant and certificate holder, registrant, or
licensee
fail to agree to an informal meeting or fail to reach an
accommodation, or if the superintendent finds evidence of a
violation of division (G) of this section pursuant to an
investigation conducted pursuant to division (B)(9) of section
4763.03 of the Revised Code, the superintendent shall, within five
business days
of such determination, notify the complainant and certificate
holder, registrant, or licensee and investigate the conduct of
the certificate
holder, registrant, or licensee against whom the complaint is
filed.
(D) Within sixty business days after receipt of the
complaint, or, if an informal meeting is held, within sixty days
after such meeting, the investigator shall file a written report
of the results of the investigation with the superintendent.
Within ten business days thereafter, the superintendent shall
review the report and determine whether there exists reasonable
and substantial evidence of a violation of division (G) of this
section by the certificate holder, registrant, or licensee. If
the
superintendent finds such evidence exists, within five business
days of that determination, the superintendent shall notify the
complainant and certificate holder, registrant, or licensee of
the determination. The certificate holder,
registrant, or licensee
may request a
hearing pursuant to Chapter 119. of the Revised Code. If the
superintendent finds that such evidence does not exist, within
five business days thereafter, the superintendent shall notify
the complainant and certificate holder, registrant, or licensee
of that
determination and the basis for the determination. Within
fifteen business days after the superintendent notifies the
complainant and certificate holder, registrant, or licensee that
such evidence
does not exist, the complainant may file with the division a
request that the real estate appraiser board review the
determination. If the complainant files such request, the board
shall review the determination at the next regularly scheduled
meeting held at least fifteen business days after the request is
filed but no longer than six months after the request is filed. The
board may hear the testimony of the complainant, certificate
holder, registrant, or licensee at the meeting upon the request
of that party. If the board affirms the determination of the
superintendent, the superintendent shall notify the complainant
and the certificate holder, registrant, or licensee within five
business days
thereafter. If the board reverses the determination of the
superintendent, a hearing shall be held and the complainant and
certificate holder, registrant, or licensee notified as provided
in this
division.
(E) The board shall review the referee's or examiner's
report and the evidence at the next regularly scheduled board
meeting held at least fifteen business days after receipt of the
referee's or examiner's report. The board may hear the testimony
of the complainant, certificate holder, registrant, or licensee upon
request.
If the complainant is the Ohio civil rights commission, the board
shall review the complaint
(F) If the board determines that a licensee, registrant, or
certificate
holder has violated this chapter for which disciplinary action
may be taken under division (G) of this section, after review of
the referee's or examiner's report and the evidence as provided
in division (E) of this section, the board shall order the
disciplinary
action the board considers appropriate, which may include, but is
not limited to, any of the following:
(1) Reprimand of the certificate holder, registrant, or
licensee;
(2) Suspension of the certificate, registration, or license for
a specific period of time;
(3) Suspension of the certificate, registration, or
license
until the
certificate holder, registrant, or licensee complies with
conditions the board
sets, including but not limited to, successful completion of the
real estate appraiser examination described in division (D) of
section 4763.05 of the Revised Code or completion of a specific
number of hours of continuing education instruction in courses or
seminars approved by the board;
(4) Revocation of the certificate, registration, or license.
The decision and order of the board is final, subject to
review in the manner provided for in Chapter 119. of the Revised
Code and appeal to any court of common pleas.
(G) The board shall take any disciplinary action
authorized by this section against a certificate holder,
registrant, or
licensee who is found to have committed any of the following
acts, omissions, or violations during the appraiser's
certification, registration, or licensure:
(1) Procuring or attempting to procure a certificate,
registration, or
license pursuant to this chapter by knowingly making a false
statement, submitting false information, refusing to provide
complete information in response to a question in an application
for certification, registration, or licensure, or by any means
of fraud or
misrepresentation;
(2) Paying, or attempting to pay, anything of value, other
than the fees or assessments required by this chapter, to any
member or employee of the board for the purpose of procuring a
certificate, registration, or license;
(3) Being convicted in a criminal proceeding for or pleading guilty to a felony
or a crime involving moral turpitude criminal offense that is substantially related to the practice of appraiser;
(4) Dishonesty, fraud, or misrepresentation, with the
intent to either benefit the certificate holder, registrant, or
licensee or
another person or injure another person;
(5) Violation of any of the standards for the development
or communication of real estate appraisals set forth in this
chapter and rules of the board;
(6) Failure or refusal to exercise reasonable diligence in
developing an appraisal, preparing an appraisal report, or
communicating an appraisal;
(7) Negligence or incompetence in developing an appraisal,
in preparing an appraisal report, or in communicating an
appraisal;
(8) Willfully disregarding or violating this chapter or
the rules adopted thereunder;
(9) Accepting an appraisal assignment where the employment
is contingent upon the appraiser preparing or reporting a
predetermined estimate, analysis, or opinion, or where the fee to
be paid for the appraisal is contingent upon the opinion,
conclusion, or valuation attained or upon the consequences
resulting from the appraisal assignment;
(10) Violating the confidential nature of governmental
records to which the certificate holder, registrant, or licensee
gained access through employment or
engagement as an appraiser by a governmental agency;
(11) Entry of final judgment against the certificate
holder, registrant, or licensee on the grounds of fraud, deceit,
misrepresentation, or gross negligence in the making of any
appraisal of real estate;
(12) Violating any federal or state civil rights law;
(13) Having published advertising, whether printed, radio,
display, or of any other nature, which was misleading or
inaccurate in any material particular, or in any way having
misrepresented any appraisal or specialized service;
(14) Failing to maintain records for five years as
required by section 4763.14 of the Revised Code.
(H) The board immediately shall notify the superintendent
of real estate of any disciplinary action taken under this
section against a certificate holder, registrant, or licensee
who also is
licensed under Chapter 4735. of the Revised Code, and also shall
notify any other federal, state, or local agency and any other
public or private association that the board determines is
responsible for licensing or otherwise regulating the
professional or business activity of the appraiser.
Additionally, the board shall notify the complainant and any
other party who may have suffered financial loss because of the
certificate holder's, registrant's, or licensee's violations,
that the complainant or other party may sue
for recovery under section 4763.16 of the Revised Code. The
notice provided under this division shall specify the conduct for
which the certificate holder, registrant, or licensee was
disciplined and the
disciplinary action taken by the board and the result of that
conduct.
(I) A certificate holder, registrant, or licensee shall notify
the
board of the existence of a criminal conviction or guilty plea of the type
described in division (G)(3) of this section within fifteen
days
of the conviction or guilty plea.
(J) If the board determines that a certificate holder,
registrant, or
licensee has violated this chapter for which disciplinary action
may be taken under division (G) of this section as a result of an
investigation conducted by the superintendent upon the
superintendent's own motion
or upon the request of the board, the superintendent shall notify
the certificate holder, registrant, or licensee of
the certificate holder's, registrant's, or licensee's right to
a hearing
pursuant to Chapter 119. of the Revised Code and to an appeal of
a final determination of such administrative proceedings to any
court of common pleas.
(K) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4765.18. The As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
The state board of emergency medical
services may suspend or revoke a certificate of accreditation or
a certificate of approval issued under section 4765.17 of the
Revised Code for any of the following reasons:
(A) Violation of this chapter or any rule adopted under
it;
(B) Furnishing of false, misleading, or incomplete
information to the board;
(C) The signing of an application or the holding of a
certificate of accreditation by a person who has pleaded guilty
to or has been convicted of a felony, or has pleaded guilty to or
been convicted of a crime involving moral turpitude criminal offense that is substantially related to the practice of emergency medical services;
(D) The signing of an application or the holding of a
certificate of accreditation by a person who is addicted to the
use of any controlled substance or has been adjudicated
incompetent for that purpose by a court, as provided in section
5122.301 of the Revised Code;
(E) Violation of any commitment made in an application for
a certificate of accreditation or certificate of approval;
(F) Presentation to prospective students of misleading,
false, or fraudulent information relating to the emergency
medical services training program or emergency medical services
continuing education program, employment opportunities, or
opportunities for enrollment in accredited institutions of higher
education after entering or completing courses offered by the
operator of a program;
(G) Failure to maintain in a safe and sanitary condition
premises and equipment used in conducting courses of study;
(H) Failure to maintain financial resources adequate for
the satisfactory conduct of courses of study or to retain a
sufficient number of certified instructors;
(I) Discrimination in the acceptance of students upon the
basis of race, color, religion, sex, or national origin.
Sec. 4779.28. (A) The board may, pursuant to an adjudication
under Chapter 119. of the Revised Code and by a vote of not fewer than four of
its members, limit, revoke, or suspend a license issued
under this chapter, refuse to issue a license to an applicant, or
reprimand or place on probation a license holder for any of the
following reasons:
(1) Conviction of, or a plea of guilty to, a misdemeanor or felony
involving moral turpitude criminal offense that is substantially related to the practice of orthotics, prosthetics, or pedorthics;
(2) Any violation of this chapter;
(3) Committing fraud, misrepresentation, or deception in applying
for or securing a license issued under this chapter;
(4) Habitual use of drugs or intoxicants to the extent that it
renders the person unfit to practice;
(5) Violation of any rule adopted by the board under section
4779.08 of the Revised Code;
(6) A departure from, or failure to conform to, minimal standards
of care of similar orthotists, prosthetists,
orthotists-prosthetists, or pedorthists under the same or similar
circumstances, regardless of whether actual injury to a patient is
established;
(7) Obtaining or attempting to obtain money or anything of value
by fraudulent misrepresentation in the course of practice;
(8) Publishing a false, fraudulent, deceptive, or misleading
statement;
(9) Waiving the payment of all or part of a deductible or
copayment that a patient, pursuant to a health insurance or health care
policy, contract, or plan, would otherwise be required to pay, if
the waiver is used as an enticement to a patient or group of
patients to receive health care services from a person who holds a
license issued under this chapter;
(10) Advertising that a person who holds a license issued under
this chapter will waive the payment of all or part of a deductible or
copayment that a patient, pursuant to a health insurance or health care
policy, contract, or plan, that covers the person's services,
would otherwise be required to pay.
(B) For the purpose of investigating
whether a person is engaging or has engaged in conduct described in division
(A) of this section, the board may administer oaths,
order the taking of depositions, issue subpoenas, examine witnesses, and
compel
the attendance of witnesses and production of books, accounts, papers,
records, documents,
and testimony.
(C) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Sec. 4781.09. (A) The manufactured homes commission may deny, suspend, revoke, or refuse to renew the license of any manufactured home installer for any of the following reasons:
(1) Failure to satisfy the requirements of section 4781.08 or 4781.10 of the Revised Code;
(2) Violation of this chapter or any rule adopted pursuant to it;
(3) Making a material misstatement in an application for a license;
(4) Installing manufactured housing without a license or without being under the supervision of a licensed manufactured housing installer;
(5) Failure to appear for a hearing before the commission or to comply with any final adjudication order of the commission issued pursuant to this chapter;
(6) Conviction of a felony or a crime involving moral turpitude or plea of guilty to a criminal offense that is substantially related to the practice of manufactured home installer;
(7) Having had a license revoked, suspended, or denied by the commission during the preceding two years;
(8) Having had a license revoked, suspended, or denied by another state or jurisdiction during the preceding two years;
(9) Engaging in conduct in another state or jurisdiction that would violate this chapter if committed in this state.
(10) Failing to provide written notification of an installation pursuant to division (D) of section 4781.11 of the Revised Code to a county treasurer or county auditor.
(B)(1) Any person whose license or license application is revoked, suspended, denied, or not renewed or upon whom a civil penalty is imposed pursuant to division (C) of this section may request an adjudication hearing on the matter within thirty days after receipt of the notice of the action. The hearing shall be held in accordance with Chapter 119. of the Revised Code.
(2) Any licensee or applicant may appeal an order made pursuant to an adjudication hearing in the manner provided in section 119.12 of the Revised Code.
(C) As an alternative to suspending, revoking, or refusing to renew a manufactured housing installer's installer license, the commission may impose a civil penalty of not less than one hundred dollars or more than five hundred dollars per violation of this chapter or any rule adopted pursuant to it. The commission shall deposit penalties in the occupational licensing and regulatory fund pursuant to section 4743.05 of the Revised Code.
(D) A person whose license is suspended, revoked, or not renewed may apply for a new license two years after the date on which the license was suspended, revoked, or not renewed.
(E) As used in this section, a "criminal offense that is substantially related" has the same meaning as in section 4743.06 of the Revised Code.
Section 2. That existing sections 3923.233, 3923.301, 4701.16, 4703.15, 4707.02, 4707.15, 4709.13, 4712.03, 4715.30, 4717.14, 4719.03, 4723.07, 4723.28, 4723.34, 4725.53, 4727.15, 4728.13, 4729.16, 4729.53, 4729.56, 4731.22, 4731.224, 4731.225, 4731.226, 4731.25, 4732.17, 4733.20, 4734.31, 4734.39, 4735.07, 4735.09, 4735.13, 4735.27, 4735.28, 4738.04, 4738.07, 4738.18, 4740.06, 4740.10, 4741.22, 4747.12, 4749.03, 4749.04, 4749.06, 4751.10, 4753.10, 4755.10, 4755.47, 4755.64, 4757.36, 4758.30, 4759.07, 4760.13, 4761.09, 4762.13, 4763.11, 4765.18, 4779.28, and 4781.09 of the Revised Code are hereby repealed.
Section 3. Sections 3923.233, 3923.301, 4701.16, 4703.15, 4707.02, 4707.15, 4709.13, 4712.03, 4715.30, 4717.14, 4719.03, 4723.07, 4723.28, 4723.34, 4725.53, 4727.15, 4728.13, 4729.16, 4729.53, 4729.56, 4731.22, 4731.224, 4731.225, 4731.226, 4731.25, 4732.17, 4733.20, 4734.31, 4734.39, 4735.07, 4735.09, 4735.13, 4735.27, 4735.28, 4738.04, 4738.07, 4738.18, 4740.06, 4740.10, 4741.22, 4747.12, 4749.03, 4749.04, 4749.06, 4751.10, 4753.10, 4755.10, 4755.47, 4755.64, 4757.36, 4758.30, 4759.07, 4760.13, 4761.09, 4762.13, 4763.11, 4765.18, 4779.28, and 4781.09 of the Revised Code, as amended by this act, shall take effect ninety days after the effective date of this act.
|
|