To enact sections 4783.01, 4783.02, 4783.04, 4783.06, 4783.08, 4783.10, 4783.12, 4783.14, and 4783.99 to provide for licensing of home health care workers.

Section 1. To enact sections 4783.01, 4783.02, 4783.04, 4783.06, 4783.08, 4783.10, 4783.12, 4783.14, and 4783.99 of the Revised Code to read as follows:

Sec. 4783.01. As used in this chapter:

(A) "Home health agency," "home health aide services," and "licensed health professional" have the same meanings as in section 3701.881 of the Revised Code;

(B) "Home health care worker" means an employee of a home health agency who provides home health aide services and nursing-related services to an individual in the individual's home, but does not include a licensed health professional working within the scope of the professional's license.

Sec. 4783.02. Starting one year after the effective date of this section:

(A) No person shall act as a home health care worker, represent the person as being a home health care worker, use the title "home health care worker," or in any other way represent that the person is a home health care worker unless the person holds a current, valid license issued under this chapter.

(B) No person shall employ a person not licensed as a home health care worker under this chapter to work as a home health care worker.

(C) This section does not apply to any of the following:

(1) A licensed health professional practicing within the scope of the professional's license;

(2) A student providing services as part of an educational program;

(3) An individual providing services to family members or in an emergency;

(4) An individual providing services without expectation of compensation;

(5) An individual caring for the sick in connection with the practice of the religious tenets of a church by and for its members.

Sec. 4783.04. An individual seeking to practice as a home health care worker shall apply to the department of health for a license. The application shall be in writing, under oath, on a form prescribed by the department, and be accompanied by the license fee established by rule adopted under section 4783.14 of the Revised Code. The applicant shall provide evidence satisfactory to the department that the applicant possesses a high school diploma or the equivalent of a high school diploma and meets the requirements established by rule adopted under section 4783.14 of the Revised Code and provide any information required by the department in those rules.

Sec. 4783.06. The department of health shall issue a license to practice as a home health care worker to each applicant who satisfies the requirements of section 4783.04 of the Revised Code.

Sec. 4783.08. The holder of a license issued under section 4783.06 of the Revised Code shall annually apply to the department of health for a renewal of the license. The renewal application shall be made on a form and in a manner prescribed by the department and accompanied by the fee established by the department in rules adopted under section 4783.14 of the Revised Code.

Sec. 4783.10. The holder of a license issued under section 4783.06 of the Revised Code shall annually certify to the department of health that the holder has completed continuing education in accordance with rules adopted under section 4783.14 of the Revised Code.

Sec. 4783.12. The department of health, in accordance with Chapter 119. of the Revised Code, may refuse to issue or may limit, revoke, suspend, refuse to renew, or refuse to reinstate a license or may reprimand or place on probation a license holder in accordance with rules adopted under section 4783.14 of the Revised Code.

Sec. 4783.14. The department of health shall adopt rules in accordance with Chapter 119. of the Revised Code to establish all of the following:

(A) Educational and other requirements for licensure as a home health care worker.

(B) Any information an applicant for a home health care worker license must submit under section 4783.04 of the Revised Code;

(C) The application fee for a license to practice as a home health care worker;

(D) The form, manner, and time period for license renewal under section 4783.08 of the Revised Code and the license renewal fee;

(E) Continuing education requirements and the form and manner of submitting evidence of satisfactory completion of the requirements;

(F) The violations for which the department may take action under section 4783.12 of the Revised Code;

(G) Any other standards, procedures, or requirements the department considers necessary to implement this chapter.

Sec. 4783.99. Whoever violates division (A) or (B) of section 4783.02 of the Revised Code is guilty of a minor misdemeanor on a first offense and a misdemeanor of the third degree on each subsequent offense.