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H. B. No. 208 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Ujvagi, Letson, Hagan, Harris, Foley, Domenick, Yuko, Okey, Oelslager, Murray, Winburn, Boyd
A BILL
To amend sections 125.22, 2151.421, 2317.02, 4757.01,
4757.02, 4757.03, 4757.04, 4757.05, 4757.06,
4757.07, 4757.10, 4757.101, 4757.11, 4757.12,
4757.15, 4757.16, 4757.17, 4757.18, 4757.19,
4757.22, 4757.23, 4757.27, 4757.28, 4757.29,
4757.30, 4757.301, 4757.31, 4757.32, 4757.33,
4757.34, 4757.36, 4757.361, 4757.38, 4757.40,
4757.43, and 4757.44 and to enact sections 4757.45
to 4757.49 of the Revised Code to regulate the
practice of art therapy.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 125.22, 2151.421, 2317.02, 4757.01,
4757.02, 4757.03, 4757.04, 4757.05, 4757.06, 4757.07, 4757.10,
4757.101, 4757.11, 4757.12, 4757.15, 4757.16, 4757.17, 4757.18,
4757.19, 4757.22, 4757.23, 4757.27, 4757.28, 4757.29, 4757.30,
4757.301, 4757.31, 4757.32, 4757.33, 4757.34, 4757.36, 4757.361,
4757.38, 4757.40, 4757.43, and 4757.44 be amended and sections
4757.45, 4757.46, 4757.47, 4757.48, and 4757.49 of the Revised
Code be enacted to read as follows:
Sec. 125.22. (A) The department of administrative
services
shall establish the central service agency to perform
routine
support for the following boards and commissions:
(3) State chiropractic board;
(4) State board of cosmetology;
(7) State board of optometry;
(8) Ohio occupational therapy, physical therapy, and
athletic
trainers board;
(9) State board of registration for professional
engineers
and surveyors;
(10) State board of sanitarian registration;
(11) Board of embalmers and funeral directors;
(12) State board of psychology;
(13) Ohio optical dispensers board;
(14) Board of speech pathology and audiology;
(15) Counselor, social worker, and marriage and family
therapist, and art therapist board;
(16) State veterinary medical licensing board;
(17) Ohio board of dietetics;
(18) Commission on Hispanic-Latino affairs;
(19) Ohio respiratory care board;
(20) Ohio commission on African-American males;
(21) Chemical dependency professionals board.
(B)(1) Notwithstanding any other section of the Revised
Code,
the agency shall perform the following routine support
services
for the boards and commissions named in division (A) of
this
section unless the controlling board exempts a board or
commission
from this requirement on the recommendation of the
director of
administrative services:
(a) Preparing and processing payroll and other personnel
documents;
(b) Preparing and processing vouchers, purchase orders,
encumbrances, and other accounting documents;
(c) Maintaining ledgers of accounts and balances;
(d) Preparing and monitoring budgets and allotment plans
in
consultation with the boards and commissions;
(e) Other routine support services that the director of
administrative services considers appropriate to achieve
efficiency.
(2) The agency may perform other services which a board or
commission named in division (A) of this section delegates to the
agency and the agency accepts.
(3) The agency may perform any service for any
professional
or occupational licensing board not named in
division (A) of this
section or any commission if the board or
commission requests such
service and the agency accepts.
(C) The director of administrative services shall be the
appointing authority for the agency.
(D) The agency shall determine the fees to be charged to
the
boards and commissions, which shall be in proportion to the
services performed for each board or commission.
(E) Each board or commission named in division (A) of this
section and any other board or commission requesting services
from
the agency shall pay these fees to the agency from the
general
revenue fund maintenance account of the board or
commission or
from such other fund as the operating expenses of
the board or
commission are paid. Any amounts set aside for a
fiscal year by a
board or commission to allow for the payment of
fees shall be used
only for the services performed by the agency
in that fiscal year.
All receipts collected by the agency shall
be deposited in the
state treasury to the credit of the central
service agency fund,
which is hereby created. All expenses
incurred by the agency in
performing services for the boards or
commissions shall be paid
from the fund.
(F) Nothing in this section shall be construed as a grant
of
authority for the central service agency to initiate or deny
personnel or fiscal actions for the boards and commissions.
Sec. 2151.421. (A)(1)(a) No person described in division
(A)(1)(b) of this section who is acting in an
official or
professional capacity and knows, or has reasonable cause to
suspect based on facts that would cause a reasonable person in a
similar position to suspect, that a child under
eighteen years of
age or a mentally
retarded, developmentally
disabled, or
physically impaired child under
twenty-one years of
age has
suffered or faces a
threat of suffering any physical or
mental
wound, injury,
disability, or condition of a nature that
reasonably indicates
abuse or neglect of the child shall fail to
immediately report
that knowledge or reasonable cause to suspect
to the entity or
persons specified in this division. Except as
provided in section
5120.173 of the Revised Code, the person
making the report shall
make it to the public
children services
agency or a municipal or
county peace officer in
the county in
which the child resides or
in which the abuse or
neglect is
occurring or has occurred.
In the
circumstances described in
section 5120.173 of the Revised Code,
the person making the report
shall make it to the entity specified
in that section.
(b) Division (A)(1)(a)
of this section applies to any person
who is an attorney;
physician, including a hospital intern or
resident; dentist;
podiatrist; practitioner of a limited branch of
medicine
as specified in section 4731.15 of the Revised
Code;
registered nurse;
licensed practical nurse; visiting nurse; other
health care
professional; licensed psychologist; licensed school
psychologist; independent marriage and family therapist or
marriage and family therapist; art therapist; speech pathologist
or audiologist;
coroner;
administrator or employee of a child
day-care center;
administrator or
employee of a residential camp
or child day camp;
administrator or employee of a certified child
care agency or
other public or private children services agency;
school
teacher;
school employee; school authority; person engaged
in
social work
or the practice of professional counseling; agent
of a county
humane society; person, other than a cleric,
rendering
spiritual
treatment through prayer in
accordance with
the tenets
of a
well-recognized religion; employee of a county
department of job
and family services who is a professional and
who works with
children and families; superintendent, board
member, or
employee
of a county board of mental retardation;
investigative
agent
contracted with by a county board of mental
retardation;
employee
of the department of mental retardation
and developmental
disabilities; employee of a facility or home
that provides respite
care in accordance with section 5123.171 of
the Revised Code;
employee of a home health agency; employee of
an entity that
provides homemaker services; a person performing
the duties of an
assessor pursuant to Chapter 3107. or 5103. of
the Revised Code;
or third party employed by a public children
services agency to
assist in providing child or family related
services.
(2) Except as provided in division (A)(3) of this section, an
attorney or a physician is not required to make a
report
pursuant
to division (A)(1) of this section concerning any
communication
the attorney or physician
receives from a
client or
patient in an
attorney-client or physician-patient
relationship,
if, in
accordance with division (A) or (B)
of section
2317.02 of
the
Revised Code, the attorney or physician could not
testify with
respect to that communication in a civil or criminal proceeding.
(3) The client or patient in an attorney-client or
physician-patient relationship described in division (A)(2) of
this section is deemed to have waived any
testimonial
privilege
under division (A) or (B) of section 2317.02
of the
Revised
Code
with respect to any communication the attorney or physician
receives from the client or patient in that attorney-client or
physician-patient relationship, and the
attorney or physician
shall
make a report pursuant to division
(A)(1) of this section
with
respect to that communication, if all
of the following apply:
(a) The client or patient, at the time of the communication,
is
either a child under eighteen years of age or a
mentally
retarded, developmentally disabled, or
physically impaired person
under twenty-one
years of age.
(b) The attorney or physician knows, or has reasonable cause
to suspect based on facts that would cause a reasonable person in
similar position to suspect, as a result
of the
communication or
any observations made during that
communication,
that the client
or patient has suffered or faces a
threat of suffering
any
physical or mental wound, injury,
disability, or condition of a
nature that reasonably indicates
abuse or neglect of the client or
patient.
(c) The abuse or neglect
does not
arise out of
the client's
or patient's attempt to have an
abortion without the
notification
of her parents, guardian, or
custodian in accordance with section
2151.85 of the Revised Code.
(4)(a) No cleric and no person, other than a volunteer,
designated by any church, religious society, or faith acting as a
leader, official, or delegate on behalf of the church, religious
society, or faith who is acting in an official or professional
capacity, who knows, or has reasonable cause to believe based on
facts that would cause a reasonable person in a similar position
to believe, that a child under eighteen years of age or a mentally
retarded, developmentally disabled, or physically impaired child
under twenty-one years of age has suffered or faces a threat of
suffering any physical or mental wound, injury, disability, or
condition of a nature that reasonably indicates abuse or neglect
of the child, and who knows, or has reasonable cause to believe
based on facts that would cause a reasonable person in a similar
position to believe, that another cleric or another person, other
than a volunteer, designated by a church, religious society, or
faith acting as a leader, official, or delegate on behalf of the
church, religious society, or faith caused, or poses the threat of
causing, the wound, injury, disability, or condition that
reasonably indicates abuse or neglect shall fail to immediately
report that knowledge or reasonable cause to believe to the entity
or persons specified in this division. Except as provided in
section 5120.173 of the Revised Code, the person making the report
shall make it to the public children services agency or a
municipal or county peace officer in the county in which the child
resides or in which the abuse or neglect is occurring or has
occurred. In the circumstances described in section 5120.173 of
the Revised Code, the person making the report shall make it to
the entity specified in that section.
(b) Except as provided in division (A)(4)(c) of this section,
a cleric is not required to make a report pursuant to division
(A)(4)(a) of this section concerning any communication the cleric
receives from a penitent in a cleric-penitent relationship, if, in
accordance with division (C) of section 2317.02 of the Revised
Code, the cleric could not testify with respect to that
communication in a civil or criminal proceeding.
(c) The penitent in a cleric-penitent relationship described
in division (A)(4)(b) of this section is deemed to have waived any
testimonial privilege under division (C) of section 2317.02 of the
Revised Code with respect to any communication the cleric receives
from the penitent in that cleric-penitent relationship, and the
cleric shall make a report pursuant to division (A)(4)(a) of this
section with respect to that communication, if all of the
following apply:
(i) The penitent, at the time of the communication, is either
a child under eighteen years of age or a mentally retarded,
developmentally disabled, or physically impaired person under
twenty-one years of age.
(ii) The cleric knows, or has reasonable cause to believe
based on facts that would cause a reasonable person in a similar
position to believe, as a result of the communication or any
observations made during that communication, the penitent has
suffered or faces a threat of suffering any physical or mental
wound, injury, disability, or condition of a nature that
reasonably indicates abuse or neglect of the penitent.
(iii) The abuse or neglect does not arise out of the
penitent's attempt to have an abortion performed upon a child
under eighteen years of age or upon a mentally retarded,
developmentally disabled, or physically impaired person under
twenty-one years of age without the notification of her parents,
guardian, or custodian in accordance with section 2151.85 of the
Revised Code.
(d) Divisions (A)(4)(a) and (c) of this section do not apply
in a cleric-penitent relationship when the disclosure of any
communication the cleric receives from the penitent is in
violation of the sacred trust.
(e) As used in divisions (A)(1) and (4) of this section,
"cleric" and "sacred trust" have the same meanings as in section
2317.02 of the Revised Code.
(B)
Anyone
who knows, or has reasonable cause to suspect
based on facts that would cause a reasonable person in similar
circumstances to suspect, that a child under
eighteen
years of age
or
a mentally
retarded, developmentally disabled, or
physically
impaired person
under twenty-one years of age has
suffered or
faces a
threat of suffering any physical or mental
wound, injury,
disability, or other condition of a nature that
reasonably
indicates abuse or neglect of the child may report or
cause
reports to be made of that knowledge or reasonable cause to
suspect
to the
entity or persons specified in this division.
Except as provided
in section 5120.173 of the Revised Code, a
person making a report
or causing a report to be made under this
division shall make it
or cause it to be made to the public
children services agency or
to a municipal
or
county peace
officer.
In the circumstances
described in section 5120.173 of the
Revised Code, a person making
a report or causing a report to be
made under this division shall
make it or cause it to be made to
the entity specified in that
section.
(C) Any report made pursuant to division (A) or (B) of
this
section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested
by the
receiving agency or officer. The written report shall
contain:
(1) The names and addresses of the child and the child's
parents
or the person or persons having custody of the child, if
known;
(2) The child's age and the nature and extent of the
child's
injuries, abuse, or neglect that is known or reasonably suspected
or believed, as applicable, to have occurred or of the
threat of
injury, abuse, or neglect that is known or reasonably suspected or
believed, as applicable, to exist, including
any
evidence of
previous injuries, abuse, or neglect;
(3) Any other information that might be helpful in
establishing the cause of the injury, abuse,
or
neglect that is
known or reasonably suspected or believed, as applicable, to have
occurred or of the threat of injury, abuse,
or
neglect that is
known or reasonably suspected or believed, as applicable, to
exist.
Any person, who is required by division (A) of this section
to report child abuse or child neglect that is known or reasonably
suspected or believed to have occurred, may
take or cause to be
taken color photographs of areas of trauma
visible on a child and,
if medically indicated, cause to be
performed radiological
examinations of the child.
(D) As used in this division, "children's advocacy center"
and "sexual abuse of a child" have the same meanings as in section
2151.425 of the Revised Code.
(1)
When a municipal or county peace
officer receives a
report concerning the possible
abuse or neglect
of a child or the
possible threat of abuse or
neglect of a child,
upon receipt of
the report, the municipal or county peace officer
who
receives the
report shall refer the report to the appropriate
public children
services
agency.
(2)
When a public children services agency
receives a report
pursuant to this
division or
division (A) or
(B)
of this section,
upon receipt of the report, the public
children
services
agency
shall do both of the following:
(a) Comply with section 2151.422 of
the Revised
Code;
(b) If the county served by the agency is also served by a
children's advocacy center and the report alleges sexual abuse of
a child or another type of abuse of a child that is specified in
the memorandum of understanding that creates the center as being
within the center's jurisdiction, comply regarding the report with
the protocol and procedures for referrals and investigations, with
the coordinating activities, and with the authority or
responsibility for performing or providing functions, activities,
and services stipulated in the interagency agreement entered into
under section 2151.428 of the Revised Code relative to that
center.
(E) No township, municipal, or county peace officer shall
remove a child
about whom a report is made pursuant to this
section from the child's parents,
stepparents, or guardian or any
other persons having custody of the child
without consultation
with the
public children services agency, unless,
in
the judgment
of the officer, and, if the
report was made by physician, the
physician,
immediate removal is considered essential to protect
the child
from further abuse or neglect.
The agency that
must be
consulted shall be the agency conducting the
investigation of the
report as determined pursuant to section
2151.422 of the Revised
Code.
(F)(1) Except as
provided in section 2151.422 of the Revised
Code or in an interagency agreement entered into under section
2151.428 of the Revised Code that applies to the particular
report, the public
children
services agency shall investigate,
within twenty-four
hours, each
report of child
abuse or child
neglect that is known or reasonably suspected or believed to have
occurred and of
a threat of child
abuse or child neglect that is
known or reasonably suspected or believed to exist that
is
referred to it under this section
to determine the
circumstances
surrounding the injuries, abuse, or
neglect or the
threat of
injury, abuse, or neglect, the cause of
the injuries,
abuse,
neglect, or threat, and the person or persons
responsible.
The
investigation shall be made in cooperation with
the law
enforcement agency and in accordance with the memorandum
of
understanding
prepared under
division (J) of this section. A
representative of the public children services agency shall, at
the time of initial contact with the person subject to the
investigation, inform the person of the specific complaints or
allegations made against the person. The information shall be
given in a manner that is consistent with division (H)(1) of this
section and protects the rights of the person making the report
under this section.
A
failure to make the investigation in accordance with the
memorandum is
not grounds for, and shall not result in,
the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the
report
and does not give, and shall not be construed as giving,
any
rights or any grounds for appeal or post-conviction relief to
any
person. The public
children
services agency shall report each
case
to the uniform statewide automated child welfare information
system that
the department of job and family
services
shall
maintain in accordance with section 5101.13 of the Revised Code.
The
public children services agency
shall submit a report of its
investigation,
in writing, to the law
enforcement agency.
(2) The public children
services agency shall make any
recommendations to the
county
prosecuting attorney or city
director of law that it considers
necessary to protect any
children that are brought to its
attention.
(G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports
under
division (A) of this section, anyone or any hospital,
institution,
school, health department, or agency participating
in good faith
in the making of reports under division (B) of this
section, and
anyone participating in good faith in a judicial
proceeding
resulting from the reports, shall be immune from any
civil or
criminal liability for injury, death, or loss to person
or
property that otherwise might be incurred or imposed as a
result
of the making of the reports or the participation in the
judicial
proceeding.
(b) Notwithstanding section 4731.22 of the
Revised Code, the
physician-patient privilege shall not be a
ground for excluding
evidence regarding a child's injuries,
abuse, or neglect, or the
cause of the injuries, abuse, or
neglect in any judicial
proceeding resulting from a report
submitted pursuant to this
section.
(2) In any civil or criminal action or proceeding in which
it
is alleged and proved that participation in the making of a
report
under this section was not in good faith or participation
in a
judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom
the
civil action or proceeding is brought.
(H)(1) Except as provided in divisions (H)(4) and
(N)
of
this
section, a report made under this section is confidential.
The
information provided in a report made pursuant to this
section
and
the name of the person who made the report shall not
be
released
for use, and shall not be used, as evidence in any
civil
action or
proceeding brought against the person who made
the
report. Nothing
in this division shall preclude the use of
reports of other
incidents of known or suspected abuse or neglect
in a civil action
or proceeding brought pursuant to division (M)
of this section
against a person who is alleged to have violated
division (A)(1)
of this section, provided that any information in
a report that
would identify the child who is the subject of the
report or the
maker of the report, if the maker of the report is
not the
defendant or an agent or employee of the defendant, has
been
redacted. In a
criminal proceeding, the report is
admissible
in
evidence in
accordance with the Rules of Evidence
and is
subject
to discovery
in accordance with the Rules of
Criminal
Procedure.
(2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section.
(3) A person who knowingly makes or causes another person
to
make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code.
(4) If a report is made pursuant to division (A) or
(B) of
this section and the child who is the subject of the report
dies
for any reason at any time after the report is made, but before
the child
attains eighteen years of age, the public
children
services agency or municipal or county peace officer to which the
report was made or referred, on the request of the child fatality
review
board,
shall submit a summary sheet of information
providing a summary of the
report to the review board of the
county in which the deceased
child resided at the time of death.
On the request of the review
board, the agency or peace officer
may, at its discretion, make
the report available to the review
board. If the county served by the public children services agency
is also served by a children's advocacy center and the report of
alleged sexual abuse of a child or another type of abuse of a
child is specified in the memorandum of understanding that creates
the center as being within the center's jurisdiction, the agency
or center shall perform the duties and functions specified in this
division in accordance with the interagency agreement entered into
under section 2151.428 of the Revised Code relative to that
advocacy center.
(5) A public children services agency shall advise
a person
alleged to have inflicted abuse or neglect on a child
who is the
subject of a report made pursuant to this section, including a
report alleging sexual abuse of a child or another type of abuse
of a child referred to a children's advocacy center pursuant to an
interagency agreement entered into under section 2151.428 of the
Revised Code, in writing
of
the
disposition of the investigation.
The agency shall not
provide to the person
any information that
identifies the
person
who made the report, statements of
witnesses, or police or other
investigative reports.
(I) Any report that is required by this section, other than
a
report that is made to the state highway patrol as described in
section 5120.173 of the Revised Code, shall
result
in protective
services and emergency supportive services
being
made available by
the public children services
agency on behalf of
the children
about whom
the report is made, in an effort to
prevent further
neglect or
abuse, to enhance their welfare, and,
whenever
possible, to
preserve the family unit intact.
The agency
required
to provide the services shall be the agency conducting
the
investigation of the report pursuant to section 2151.422 of
the
Revised
Code.
(J)(1) Each public children services agency shall prepare
a
memorandum of understanding that is signed by all of the
following:
(a) If there is
only one juvenile judge in the county, the
juvenile judge of the
county or the juvenile judge's
representative;
(b) If there is more than
one juvenile
judge in the county,
a
juvenile judge or the
juvenile judges' representative selected
by
the juvenile judges
or, if they are unable to do so for any
reason, the juvenile judge who is
senior in point of
service or
the senior juvenile judge's representative;
(c) The county
peace officer;
(d) All
chief municipal peace officers within the county;
(e) Other law enforcement officers handling child abuse and
neglect cases in the county;
(f) The prosecuting
attorney of the county;
(g) If the public children services agency is not the county
department of
job and family services, the county department of
job and family services;
(h) The county humane society;
(i) If the public children services agency participated in
the execution of a memorandum of understanding under section
2151.426 of the Revised Code establishing a children's advocacy
center, each participating member of the children's advocacy
center established by the memorandum.
(2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by
all concerned officials in
the execution of their respective
responsibilities under this
section and division (C) of section
2919.21, division (B)(1) of
section 2919.22, division (B) of
section 2919.23, and section
2919.24 of the Revised Code and
shall have as two of its primary
goals the elimination of all
unnecessary interviews of children
who are the subject of reports
made pursuant to division (A) or
(B) of this section and, when
feasible, providing for only one
interview of a child who is the
subject of any report made
pursuant to division (A) or (B) of
this section. A failure to
follow the procedure set forth in the
memorandum by
the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person.
(3) A memorandum of understanding shall include all of the
following:
(a) The roles
and responsibilities for handling emergency
and
nonemergency cases of abuse and neglect;
(b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected.
(4) If a public children services agency participated in the
execution of a memorandum of understanding under section 2151.426
of the Revised Code establishing a children's advocacy center, the
agency shall incorporate the contents of that memorandum in the
memorandum prepared pursuant to this section.
(5) The clerk of the court of common pleas in the county may
sign the memorandum of understanding prepared under division
(J)(1) of this section. If the clerk signs the memorandum of
understanding, the clerk shall execute all relevant
responsibilities as required of officials specified in the
memorandum.
(K)(1) Except as provided in division
(K)(4) of this
section,
a person who is required to make
a report pursuant to
division (A)
of this section may
make a reasonable number of
requests of the
public children services
agency that receives or
is
referred the
report, or of the children's advocacy center that is referred the
report if the report is referred to a children's advocacy center
pursuant to an interagency agreement entered into under section
2151.428 of the Revised Code, to be provided with
the following
information:
(a) Whether the agency or center has initiated an
investigation of the
report;
(b) Whether the agency or center is continuing to
investigate
the
report;
(c) Whether the agency or center is otherwise
involved
with
the child
who is the subject of the report;
(d) The general status of the health and safety of the
child
who is the subject of the report;
(e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court.
(2) A person may request the information specified in
division (K)(1) of this
section only if, at the time the report is
made, the person's name, address,
and telephone number are
provided to the person who receives the report.
When a municipal or county peace officer or employee of a
public children services
agency
receives a report pursuant to
division (A) or
(B) of this section the recipient of the report
shall inform the person of the
right to request the
information
described in division (K)(1) of this section. The recipient of
the
report shall include in the initial child abuse or child
neglect
report that the person making the report was so informed
and, if
provided at the time of the making of the report, shall
include
the person's name, address, and telephone number in the
report.
Each request is subject to verification of the identity of
the person making
the
report. If that person's
identity is
verified, the agency shall
provide the person with
the information
described in division (K)(1) of this section
a reasonable number
of times, except that the agency shall not disclose
any
confidential information
regarding the child who is the subject of
the report other than
the information described in those
divisions.
(3) A request made pursuant to division (K)(1) of this
section is not a
substitute for any report required to be made
pursuant to division (A) of this
section.
(4) If an agency other than the agency that
received or was
referred the report is conducting the
investigation of the report
pursuant to section 2151.422 of the
Revised
Code, the agency
conducting the
investigation shall comply with the requirements of
division
(K) of this section.
(L) The director of job and
family services shall
adopt
rules
in accordance
with Chapter 119. of the Revised Code to
implement
this section. The department of job and family services
may
enter
into a
plan of cooperation with
any other governmental
entity to
aid in ensuring that children
are protected from abuse
and
neglect. The department shall make
recommendations to the
attorney
general that the department
determines are necessary to
protect
children from child abuse and
child neglect.
(M) Whoever violates division (A) of this section is liable
for compensatory and exemplary damages to the child who would have
been the subject of the report that was not made. A person who
brings a civil action or proceeding pursuant to this division
against a person who is alleged to have violated division (A)(1)
of this section may use in the action or proceeding reports of
other incidents of known or suspected abuse or neglect, provided
that any information in a report that would identify the child who
is the subject of the report or the maker of the report, if the
maker is not the defendant or an agent or employee of the
defendant, has been redacted.
(N)(1) As used in this division:
(a) "Out-of-home care" includes a nonchartered nonpublic
school if the alleged child abuse or child neglect, or alleged
threat of child abuse or child neglect, described in a report
received by a public children services agency allegedly occurred
in or involved the nonchartered nonpublic school and the alleged
perpetrator named in the report holds a certificate, permit, or
license issued by the state board of education under section
3301.071 or Chapter 3319. of the Revised Code.
(b) "Administrator, director, or other chief administrative
officer" means the superintendent of the school district if the
out-of-home care entity subject to a report made pursuant to this
section is a school operated by the district.
(2) No later than the end of the day
following the day on
which a public children services agency
receives a report of
alleged child abuse or child
neglect, or a report of an alleged
threat of child abuse or child
neglect, that allegedly occurred in
or involved an out-of-home
care entity, the agency shall provide
written notice
of the allegations contained in and the person
named as the alleged
perpetrator in the report to the
administrator, director, or other chief
administrative officer of
the out-of-home care entity that is the
subject of the report
unless the administrator, director, or
other chief administrative
officer is named as an alleged
perpetrator in the report. If the
administrator, director, or
other chief administrative officer of
an out-of-home care entity
is named as an alleged perpetrator in a
report of alleged child
abuse or child neglect, or a report of an
alleged threat of child
abuse or child neglect, that allegedly
occurred in or involved
the out-of-home care entity, the agency
shall provide the written notice
to
the owner or governing board
of the out-of-home care entity that
is the subject of the report.
The agency
shall not provide
witness statements or police or other
investigative reports.
(3) No later than three days after the day on
which a public
children services agency that
conducted the investigation as
determined pursuant to section 2151.422
of the Revised Code makes
a
disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the
agency
shall send written
notice of the disposition of the
investigation to the
administrator, director, or other chief
administrative officer and
the owner or governing board of the
out-of-home care entity. The
agency shall
not provide witness
statements or police or other
investigative reports.
Sec. 2317.02. The following persons shall not testify in
certain respects:
(A)(1) An attorney, concerning a communication made to the
attorney by a client in that relation or the
attorney's advice to
a client, except
that the attorney may testify by express consent
of the client
or, if the client is deceased, by the express
consent of the
surviving spouse or the executor or administrator
of the estate
of the deceased client. However, if the
client
voluntarily
testifies or is deemed by section 2151.421 of
the
Revised Code to
have waived any testimonial privilege under
this
division, the
attorney may be compelled to testify on the
same
subject.
The testimonial privilege established under this division
does not apply concerning a communication between a client who has
since died and the deceased client's attorney if the communication
is relevant to a dispute between parties who claim through that
deceased client, regardless of whether the claims are by testate
or intestate succession or by inter vivos transaction, and the
dispute addresses the competency of the deceased client when the
deceased client executed a document that is the basis of the
dispute or whether the deceased client was a victim of fraud,
undue influence, or duress when the deceased client executed a
document that is the basis of the dispute.
(2) An attorney, concerning a communication made to the
attorney by a client in that relationship or the attorney's advice
to a client, except that if the client is an insurance company,
the attorney may be compelled to testify, subject to an in camera
inspection by a court, about communications made by the client to
the attorney or by the attorney to the client that are related to
the attorney's aiding or furthering an ongoing or future
commission of bad faith by the client, if the party seeking
disclosure of the communications has made a prima facie showing of
bad faith, fraud, or criminal misconduct by the client.
(B)(1) A physician or a dentist concerning a communication
made to the physician or dentist by a patient in that relation or
the
physician's or dentist's advice to a
patient, except as
otherwise provided in this division, division (B)(2), and
division
(B)(3) of this section, and except that, if the patient
is deemed
by section 2151.421 of the Revised Code to have waived
any
testimonial privilege under this division, the physician may
be
compelled to testify on the same subject.
The testimonial privilege established under this division
does not
apply, and a physician or dentist may testify or may be
compelled
to testify, in any of the following circumstances:
(a) In any civil action, in accordance with the discovery
provisions of the Rules of Civil Procedure in connection with a
civil action, or in connection with a claim under Chapter 4123.
of
the Revised Code, under any of the following circumstances:
(i) If the patient or the guardian or other legal
representative of the patient gives express consent;
(ii) If the patient is deceased, the spouse of the patient
or
the executor or administrator of the patient's estate
gives
express consent;
(iii) If a medical claim, dental claim, chiropractic
claim,
or optometric claim, as defined in section 2305.113 of the
Revised
Code, an action for wrongful death, any other type of
civil
action, or a claim under Chapter 4123. of the Revised Code
is
filed by the patient, the personal representative of the
estate of
the patient if deceased, or the patient's guardian
or other legal
representative.
(b) In any civil action concerning court-ordered treatment
or
services
received by a patient, if the court-ordered treatment
or
services were ordered
as part of a case plan journalized under
section 2151.412 of the Revised Code or the
court-ordered
treatment or services are necessary or relevant to dependency,
neglect, or abuse or temporary or permanent custody proceedings
under
Chapter 2151. of the Revised Code.
(c) In any criminal action concerning any test or the
results
of any test that determines the presence or concentration
of
alcohol,
a drug of abuse, a combination of them, a controlled
substance, or a metabolite of a controlled substance in the
patient's whole blood, blood serum or plasma, breath, urine, or
other bodily substance at any
time
relevant to the criminal
offense in question.
(d) In any criminal action against a physician
or dentist.
In
such an action, the testimonial privilege
established under
this
division does not prohibit the admission
into evidence, in
accordance with the
Rules of
Evidence, of a patient's
medical or
dental records or other communications between a
patient and the
physician or dentist that are related to the
action and obtained
by subpoena, search warrant, or other lawful
means. A court that
permits or compels a physician or dentist
to testify in such an
action or permits the introduction into
evidence of patient
records or other communications in such an
action shall require
that appropriate measures be taken to
ensure that the
confidentiality of any patient named or
otherwise identified in
the records is maintained. Measures to
ensure confidentiality
that
may be taken by the court include
sealing its records or
deleting
specific information from its
records.
(e)(i) If the communication was between a patient who has
since died and the deceased patient's physician or dentist, the
communication is relevant to a dispute between parties who claim
through that deceased patient, regardless of whether the claims
are by testate or intestate succession or by inter vivos
transaction, and the dispute addresses the competency of the
deceased patient when the deceased patient executed a document
that is the basis of the dispute or whether the deceased patient
was a victim of fraud, undue influence, or duress when the
deceased patient executed a document that is the basis of the
dispute.
(ii) If neither the spouse of a patient nor the executor or
administrator of that patient's estate gives consent under
division (B)(1)(a)(ii) of this section, testimony or the
disclosure of the patient's medical records by a physician,
dentist, or other health care provider under division (B)(1)(e)(i)
of this section is a permitted use or disclosure of protected
health information, as defined in 45 C.F.R. 160.103, and an
authorization or opportunity to be heard shall not be required.
(iii) Division (B)(1)(e)(i) of this section does not require
a mental health professional to disclose psychotherapy notes, as
defined in 45 C.F.R. 164.501.
(iv) An interested person who objects to testimony or
disclosure under division (B)(1)(e)(i) of this section may seek a
protective order pursuant to Civil Rule 26.
(v) A person to whom protected health information is
disclosed under division (B)(1)(e)(i) of this section shall not
use or disclose the protected health information for any purpose
other than the litigation or proceeding for which the information
was requested and shall return the protected health information to
the covered entity or destroy the protected health information,
including all copies made, at the conclusion of the litigation or
proceeding.
(2)(a) If any law enforcement officer submits a written
statement to a health
care provider that states that an official
criminal investigation has begun
regarding a specified person or
that a criminal action or proceeding has been
commenced against a
specified person, that requests the provider to supply to
the
officer copies of any records the provider possesses that pertain
to any
test or the results of any test administered to the
specified person to
determine the presence or concentration of
alcohol, a drug of abuse, a combination of them, a controlled
substance, or a metabolite of a controlled substance in the
person's whole blood, blood serum or plasma, breath, or urine at
any time
relevant to the
criminal offense in question, and that
conforms to section
2317.022 of the Revised Code, the provider,
except to the extent
specifically
prohibited by any law of this
state or of the United
States, shall supply to
the officer a copy
of any of the requested
records the provider possesses. If
the
health care provider does
not possess any of the requested
records, the
provider shall give
the officer a written statement
that indicates that the
provider
does not possess any of the
requested records.
(b) If a health care provider possesses any records of the
type described in
division (B)(2)(a) of this section regarding the
person in question at any
time relevant to the criminal offense in
question, in lieu of personally
testifying as to the results of
the test in question, the custodian of the
records may submit a
certified copy of the records, and, upon its submission,
the
certified copy is qualified as authentic evidence and may be
admitted as
evidence in accordance with the Rules of Evidence.
Division (A) of section
2317.422 of the Revised Code does not
apply to any certified copy of records
submitted in accordance
with this division. Nothing in this division shall be
construed
to
limit the right of any party to call as a witness the person
who
administered the test to which the records pertain, the person
under whose
supervision the test was administered, the custodian
of the records, the
person who made the records, or the person
under whose supervision the records
were made.
(3)(a) If the testimonial privilege described in division
(B)(1) of this section does not apply as provided in division
(B)(1)(a)(iii) of this section, a physician or dentist may be
compelled to testify or to submit to discovery under the Rules of
Civil Procedure only as to a communication made to the physician
or dentist by the patient in question in that relation, or the
physician's or
dentist's advice to the
patient in question, that
related causally or historically to
physical or mental injuries
that are relevant to issues in the
medical claim, dental claim,
chiropractic claim, or optometric
claim, action for wrongful
death, other civil action, or claim
under Chapter 4123. of the
Revised Code.
(b) If the testimonial privilege described in division
(B)(1)
of this section
does not apply to a physician or dentist as
provided in division
(B)(1)(c) of
this section, the physician or
dentist, in lieu of personally testifying as to
the results of the
test in question, may submit a certified copy of those
results,
and, upon its submission, the certified copy is qualified as
authentic
evidence and may be admitted as evidence in accordance
with the Rules of
Evidence. Division (A) of section 2317.422 of
the Revised Code does not apply
to any certified copy of results
submitted in accordance with this division.
Nothing in this
division shall be construed to limit the right of any party to
call as a witness the person who administered the test in
question, the person
under whose supervision the test was
administered, the custodian of the
results
of the test, the person
who compiled the results, or the person under whose
supervision
the results were compiled.
(4) The testimonial privilege
described in division (B)(1)
of
this section is not waived when a
communication is made by a
physician to a pharmacist or when there
is communication between a
patient and a pharmacist in furtherance
of the physician-patient
relation.
(5)(a) As used in divisions (B)(1) to (4) of this
section,
"communication" means acquiring, recording, or transmitting any
information, in any manner, concerning any facts, opinions, or
statements necessary to enable a physician or dentist to
diagnose,
treat, prescribe, or act for a patient. A
"communication" may
include, but is not limited to, any medical
or dental, office, or
hospital communication such as a record,
chart, letter,
memorandum, laboratory test and results, x-ray,
photograph,
financial statement, diagnosis, or prognosis.
(b) As used in division (B)(2) of this section,
"health care
provider"
means a hospital, ambulatory care facility, long-term
care facility, pharmacy, emergency facility, or health care
practitioner.
(c) As used in division (B)(5)(b) of this section:
(i)
"Ambulatory care facility" means a facility that
provides
medical, diagnostic, or surgical treatment to patients
who do not
require hospitalization, including a dialysis center,
ambulatory
surgical facility, cardiac catheterization facility,
diagnostic
imaging center, extracorporeal shock wave lithotripsy
center, home
health agency, inpatient hospice, birthing center,
radiation
therapy center, emergency facility, and an urgent care
center.
"Ambulatory health care facility" does not include the
private
office of a physician or dentist, whether the office is
for an
individual or group practice.
(ii)
"Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(iii)
"Health care practitioner" has the same meaning as in
section 4769.01 of the Revised Code.
(iv)
"Hospital" has the same meaning as in section 3727.01
of
the Revised Code.
(v)
"Long-term care facility" means a nursing home,
residential care facility, or home
for the aging,
as those terms
are defined in section 3721.01 of the Revised Code; an adult care
facility, as defined in section 3722.01
of the Revised Code; a
nursing facility or intermediate care facility for the mentally
retarded, as those terms are defined in section 5111.20 of the
Revised Code; a facility or portion of a facility certified as a
skilled nursing facility under Title XVIII of the
"Social
Security
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.
(vi)
"Pharmacy" has the same meaning as in section 4729.01
of
the Revised Code.
(d) As used in divisions (B)(1) and (2) of this section,
"drug of abuse" has the same meaning as in section 4506.01 of the
Revised Code.
(6) Divisions (B)(1), (2), (3), (4),
and (5) of this section
apply
to doctors of medicine, doctors of osteopathic medicine,
doctors
of podiatry, and dentists.
(7) Nothing in divisions (B)(1) to (6)
of this section
affects, or shall be construed as affecting, the immunity from
civil liability conferred by section 307.628 of the Revised Code
or the immunity from civil liability conferred by section 2305.33
of the
Revised Code
upon physicians who report an employee's use
of a
drug of abuse,
or a condition of an employee other than one
involving the use of
a drug of abuse, to the employer of the
employee in accordance
with division (B) of that section. As used
in division
(B)(7) of this section,
"employee,"
"employer," and
"physician" have the same meanings as
in section 2305.33 of the
Revised Code.
(C)(1) A cleric, when the cleric remains accountable to
the
authority
of that cleric's church, denomination, or sect,
concerning a
confession
made, or any information confidentially
communicated,
to the
cleric for
a
religious counseling purpose in
the
cleric's professional character. The cleric
may testify
by
express consent of the person making the communication, except
when the disclosure of the information is in violation of a sacred
trust and except that, if the person voluntarily testifies or is
deemed by division (A)(4)(c) of section 2151.421 of the Revised
Code to have waived any testimonial privilege under this division,
the cleric may be compelled to testify on the same subject except
when disclosure of the information is in violation of a sacred
trust.
(2) As used in division (C) of this section:
(a) "Cleric" means a member of the clergy, rabbi, priest,
Christian Science practitioner, or regularly ordained, accredited,
or licensed minister of an established and legally cognizable
church, denomination, or sect.
(b) "Sacred trust" means a confession or confidential
communication made to a cleric in the cleric's ecclesiastical
capacity in the course of discipline enjoined by the church to
which the cleric belongs, including, but not limited to, the
Catholic Church, if both of the following apply:
(i) The confession or confidential communication was made
directly to the cleric.
(ii) The confession or confidential communication was made in
the manner and context that places the cleric specifically and
strictly under a level of confidentiality that is considered
inviolate by canon law or church doctrine.
(D) Husband or wife, concerning any communication made by
one
to the other, or an act done by either in the presence of the
other, during coverture, unless the communication was made, or
act
done, in the known presence or hearing of a third person
competent
to be a witness; and such rule is the same if the
marital relation
has ceased to exist;
(E) A person who assigns a claim or interest, concerning
any
matter in respect to which the person would not, if a
party, be
permitted to testify;
(F) A person who, if a party, would be restricted
under
section 2317.03 of the Revised Code, when the
property or thing is
sold or transferred by an executor,
administrator, guardian,
trustee, heir, devisee, or legatee,
shall be restricted in the
same manner in any action or
proceeding concerning the property or
thing.
(G)(1) A school guidance counselor who holds a valid
educator
license from the state board of education as
provided for
in
section 3319.22 of the Revised Code, or a person
licensed or
registered under
Chapter 4757. of the Revised Code
as a
professional clinical
counselor, professional counselor,
social
worker, independent
social worker, marriage and family therapist
or independent
marriage and family therapist, or registered under
Chapter 4757.
of the Revised
Code as a
social work assistant
concerning a
confidential
communication received from a
client in
that relation
or
the
person's advice to a client unless any of
the following
applies:
(a) The communication or advice indicates clear and
present
danger to the client or other persons. For the purposes
of this
division, cases in which there are indications of present
or past
child abuse or neglect of the client constitute a clear
and
present danger.
(b) The client gives express consent to the testimony.
(c) If the client is deceased, the surviving spouse or the
executor or administrator of the estate of the deceased client
gives express consent.
(d) The client voluntarily testifies, in which case the
school guidance counselor or person licensed or registered under
Chapter 4757. of the Revised Code may
be compelled to testify on
the same subject.
(e) The court in camera determines that the information
communicated by the client is not germane to the counselor-client,
marriage and family therapist-client, art therapist-client,
or
social worker-client
relationship.
(f) A court, in an action brought against a school, its
administration, or any of its personnel by the client, rules
after
an in-camera inspection that the testimony of the school
guidance
counselor is relevant to that action.
(g) The testimony is sought in a civil action and concerns
court-ordered treatment or services received by a patient as part
of a case
plan journalized under section 2151.412 of the Revised
Code or the court-ordered treatment or
services are necessary or
relevant to dependency, neglect, or abuse or
temporary or
permanent custody proceedings under
Chapter 2151.
of the
Revised
Code.
(2) Nothing in division (G)(1) of this section shall
relieve
a
school guidance counselor or a person licensed or registered
under Chapter
4757. of the Revised Code
from the requirement to
report information concerning
child abuse or neglect under section
2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under
division (A) of section 3109.052 of the Revised Code or otherwise
issued in any proceeding for divorce, dissolution, legal
separation, annulment, or the allocation of parental rights and
responsibilities for the care of children, in any action or
proceeding, other than a criminal, delinquency, child abuse,
child
neglect, or dependent child action or proceeding, that is
brought
by or against either parent who takes part in mediation
in
accordance with the order and that pertains to the mediation
process, to any information discussed or presented in the
mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to the
awarding of parenting time rights in relation to their children;
(I) A communications assistant, acting within the scope of
the communication assistant's authority, when providing
telecommunications relay service
pursuant to section 4931.35 of
the Revised Code or Title II of
the
"Communications Act of 1934,"
104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication
made through a telecommunications
relay service.
Nothing in this
section shall limit the obligation of a
communications assistant
to divulge information or testify when mandated by
federal law or
regulation or pursuant to subpoena in a criminal proceeding.
Nothing in this section shall limit any immunity or
privilege
granted under federal law or regulation.
(J)(1) A chiropractor in a civil proceeding concerning a
communication made to the chiropractor by a patient in that
relation or the
chiropractor's advice to a patient, except as
otherwise provided in this
division. The testimonial privilege
established under this division does not
apply, and a chiropractor
may testify or may be compelled
to testify, in any civil action,
in accordance with the discovery
provisions of the Rules of Civil
Procedure in
connection with a
civil action, or in connection with
a claim under Chapter 4123.
of the Revised Code, under any of the
following
circumstances:
(a) If the patient or the guardian or other legal
representative of the patient gives express consent.
(b) If the patient is deceased, the spouse of the patient
or
the executor or administrator of the patient's estate
gives
express consent.
(c) If a medical claim, dental claim, chiropractic
claim, or
optometric claim, as defined in section 2305.113 of the
Revised
Code, an action for wrongful death, any other type
of
civil
action, or a claim under Chapter 4123. of the Revised
Code
is
filed by the patient, the personal representative of the
estate of
the patient if deceased, or the patient's guardian
or other legal
representative.
(2) If the testimonial privilege described in division
(J)(1)
of this section does not apply as provided in division
(J)(1)(c)
of this section, a chiropractor may be
compelled to
testify or to
submit to discovery under the Rules of
Civil
Procedure only as to
a communication made to the
chiropractor by
the patient in
question in that relation, or the
chiropractor's
advice to the
patient in question, that related causally or
historically to
physical or mental injuries that are relevant to
issues in the
medical claim, dental claim, chiropractic claim, or
optometric
claim, action for wrongful death, other civil action,
or claim
under Chapter 4123. of the Revised Code.
(3) The testimonial privilege established under this
division
does not
apply, and a chiropractor may testify or be
compelled to
testify, in any
criminal action or administrative
proceeding.
(4) As used in this division,
"communication" means
acquiring,
recording, or transmitting any information, in any
manner, concerning
any facts, opinions, or statements necessary to
enable a chiropractor to
diagnose, treat, or act for a
patient.
A
communication may
include, but is not limited to, any
chiropractic, office, or
hospital communication such as a record,
chart, letter,
memorandum, laboratory test and results, x-ray,
photograph,
financial statement, diagnosis, or prognosis.
(K)(1) Except as provided under division (K)(2) of this
section, a critical incident stress management team member
concerning a communication received from an individual who
receives crisis response services from the team member, or the
team member's advice to the individual, during a debriefing
session.
(2) The testimonial privilege established under division
(K)(1) of this section does not apply if any of the following are
true:
(a) The communication or advice indicates clear and present
danger to the individual who receives crisis response services or
to other persons. For purposes of this division, cases in which
there are indications of present or past child abuse or neglect of
the individual constitute a clear and present danger.
(b) The individual who received crisis response services
gives express consent to the testimony.
(c) If the individual who received crisis response services
is deceased, the surviving spouse or the executor or administrator
of the estate of the deceased individual gives express consent.
(d) The individual who received crisis response services
voluntarily testifies, in which case the team member may be
compelled to testify on the same subject.
(e) The court in camera determines that the information
communicated by the individual who received crisis response
services is not germane to the relationship between the individual
and the team member.
(f) The communication or advice pertains or is related to any
criminal act.
(3) As used in division (K) of this section:
(a) "Crisis response services" means consultation, risk
assessment, referral, and on-site crisis intervention services
provided by a critical incident stress management team to
individuals affected by crisis or disaster.
(b) "Critical incident stress management team member" or
"team member" means an individual specially trained to provide
crisis response services as a member of an organized community or
local crisis response team that holds membership in the Ohio
critical incident stress management network.
(c) "Debriefing session" means a session at which crisis
response services are rendered by a critical incident stress
management team member during or after a crisis or disaster.
(L)(1) Subject to division (L)(2) of this section and except
as provided in division (L)(3) of this section, an employee
assistance professional, concerning a communication made to the
employee assistance professional by a client in the employee
assistance professional's official capacity as an employee
assistance professional.
(2) Division (L)(1) of this section applies to an employee
assistance professional who meets either or both of the following
requirements:
(a) Is certified by the employee assistance certification
commission to engage in the employee assistance profession;
(b) Has education, training, and experience in all of the
following:
(i) Providing workplace-based services designed to address
employer and employee productivity issues;
(ii) Providing assistance to employees and employees'
dependents in identifying and finding the means to resolve
personal problems that affect the employees or the employees'
performance;
(iii) Identifying and resolving productivity problems
associated with an employee's concerns about any of the following
matters: health, marriage, family, finances, substance abuse or
other addiction, workplace, law, and emotional issues;
(iv) Selecting and evaluating available community resources;
(v) Making appropriate referrals;
(vi) Local and national employee assistance agreements;
(vii) Client confidentiality.
(3) Division (L)(1) of this section does not apply to any
of
the following:
(a) A criminal action or proceeding involving an offense
under sections 2903.01 to 2903.06 of the Revised Code if the
employee assistance professional's disclosure or testimony relates
directly to the facts or immediate circumstances of the offense;
(b) A communication made by a client to an employee
assistance professional that reveals the contemplation or
commission of a crime or serious, harmful act;
(c) A communication that is made by a client who is an
unemancipated minor or an adult adjudicated to be incompetent and
indicates that the client was the victim of a crime or abuse;
(d) A civil proceeding to determine an individual's mental
competency or a criminal action in which a plea of not guilty by
reason of insanity is entered;
(e) A civil or criminal malpractice action brought against
the employee assistance professional;
(f) When the employee assistance professional has the
express
consent of the client or, if the client is deceased or
disabled,
the client's legal representative;
(g) When the testimonial privilege otherwise provided by
division (L)(1) of this section is abrogated under law.
Sec. 4757.01. As used in this chapter:
(A)
"Practice of professional counseling" means rendering
or
offering to render to individuals, groups, organizations, or
the
general public a counseling service involving the application
of
clinical counseling principles, methods, or procedures to
assist
individuals in achieving more effective personal, social,
educational, or career development and adjustment, including the
diagnosis and
treatment of mental and emotional disorders.
(B)
"Clinical counseling principles, methods, or
procedures"
means an approach to counseling that emphasizes the
counselor's
role in systematically assisting clients through all
of the
following: assessing and analyzing background and current
information, diagnosing mental and emotional disorders,
exploring
possible solutions, and developing and providing a
treatment plan
for mental and emotional adjustment or
development.
"Clinical
counseling principles, methods, or
procedures" includes at least
counseling, appraisal, consulting,
and referral.
(C)
"Practice of social work" means the application of
specialized
knowledge of human development and behavior and
social, economic,
and cultural systems in directly assisting
individuals, families,
and groups in a clinical setting to improve
or restore their
capacity for social functioning, including
counseling, the
use of psychosocial interventions, and the use of
social psychotherapy, which
includes the diagnosis and treatment
of mental and emotional disorders.
(D)
"Accredited educational institution" means an
institution
accredited by
a national or regional accrediting
agency
accepted
by the
board of regents.
(E)
"Scope of practice" means the services, methods, and
techniques in which and the areas for which a person licensed or
registered under this chapter is trained and qualified.
(F)
"Mental and emotional disorders" means those disorders
that are classified in accepted nosologies such as the
international classification of diseases and the diagnostic and
statistical manual of mental disorders and in future editions of
those nosologies.
(G)
"Marriage and family therapy" means the diagnosis,
evaluation,
assessment, counseling, management and treatment of
mental and emotional
disorders, whether cognitive, affective, or
behavioral, within the
context of marriage and family systems,
through the professional
application of marriage and family
therapies and techniques.
(H) "Practice of marriage and family therapy" means the
diagnosis, treatment, evaluation, assessment, counseling, and
management, of
mental and emotional disorders, whether cognitive,
affective or behavioral,
within the context of marriage and family
systems, to individuals,
couples, and families, singly or in
groups, whether those services
are offered directly to the general
public or through public or
private organizations, for a fee,
salary or other consideration
through the professional application
of marriage and family
theories, therapies, and techniques,
including, but not limited to
psychotherapeutic theories,
therapies and techniques that marriage
and family therapists are
educated and trained to perform.
(I) "Art therapy" means the use of art media, images, and the
creative art processes, and an individual's responses to the
media, images, and processes, to help evaluate the individual's
development, abilities, personality, interests, concerns, and
conflicts for the purpose of reconciling emotional conflicts,
fostering self-awareness, developing social skills, managing
behavior, solving problems, reducing anxiety, aiding in reality
orientation, or increasing self-esteem.
Sec. 4757.02. (A) Except as provided in
division (C) of
this
section and section
4757.41 of
the Revised Code:
(1) No person shall engage in or
claim to the public to be
engaging in the practice of
professional counseling
for a fee,
salary, or other consideration
unless the person is currently
licensed under this chapter as a
professional clinical counselor
or professional counselor.
(2) No person shall practice or
claim to the public to be
practicing social work for a fee,
salary, or
other consideration
unless the person is currently
licensed under this chapter as
an
independent
social worker or a
social worker.
(3) No person shall
claim to
the
public to be a social work
assistant
unless the person is
currently registered under this
chapter as a social work
assistant.
(4) No person shall engage in the practice of marriage and
family therapy or claim to the public to be engaging in the
practice of marriage and family therapy unless the person is
currently licensed under this chapter as a marriage and family
therapist.
(5) Beginning one year after the effective date of this
amendment, no person shall engage in or claim to the public to be
engaging in art therapy for a fee, salary, or other consideration
unless the person is currently licensed under this chapter as an
art therapist.
(B)(1) No person shall use the title
"professional clinical
counselor,"
"professional counselor," or any other title or
description
incorporating the word
"counselor" or any initials
used to
identify persons acting in those
capacities unless
currently authorized under this chapter by licensure
to act in the
capacity indicated by the title or initials.
(2) No person shall use the title
"social worker,"
"independent social worker,"
"social work assistant," or
any other
title or description incorporating the words
"social worker" or
any
initials used to identify persons acting in those capacities
unless
the person is currently authorized by licensure or
registration
under this chapter to act in the
capacity indicated
by the title or initials.
(3) No person shall use the title "marriage and family
therapist" or any initials used to identify persons acting in that
capacity unless the person is currently authorized by licensure
under this chapter to act in the capacity indicated by the title
or initials.
(4) Beginning one year after the effective date of this
amendment, no person shall use the title "art therapist" or any
other title or description that incorporates the phrase "art
therapist"; otherwise hold the person out to be an art therapist;
or use any initials commonly used to identify art therapists,
unless the person is currently licensed under this chapter.
(C)(1) Divisions (A)(1) to (3) of this section do not apply
to the practice of marriage and family therapy by a person holding
a valid license or temporary license as a marriage and family
therapist or independent marriage and family therapist under this
chapter.
(2) Division (A)(4) of this section does not apply to the
following persons licensed or registered under this chapter:
professional clinical counselors, professional counselors,
independent social workers, social workers, and social work
assistants.
(3) Division (A)(5) of this section does not apply to
professional clinical counselors, independent social workers, or
independent marriage and family therapists, licensed under this
chapter, or to psychologists or psychiatrists.
Sec. 4757.03. There is hereby created the counselor,
social
worker,
and marriage and family therapist, and art therapist
board,
consisting
of
fifteen eighteen members. The governor
shall
appoint the members
with the
advice and consent of the senate.
Four of the members shall be individuals licensed under this
chapter as
professional clinical counselors or professional
counselors. At all times,
the counselor membership shall include
at least two licensed professional
clinical counselors, at least
one individual who has received a doctoral
degree in counseling
from an accredited educational institution recognized by
the board
and holds a graduate level teaching position in a counselor
education program, and at least two individuals who have received
at least a
master's degree in counseling from an accredited
educational institution
recognized by the board.
Two of the members shall be individuals licensed under this
chapter as
independent marriage and family therapists and two
shall be individuals
licensed under this chapter as marriage and
family therapists or, if the board
has not yet licensed
independent marriage and family therapists or marriage
and family
therapists, eligible for licensure as independent marriage and
family therapists or marriage and family therapists.
They shall
have, during the five years preceding appointment, actively
engaged
in the practice of marriage and family therapy, in
educating and training
master's, doctoral, or postdoctoral
students of marriage and family
therapy, or in marriage and family
therapy research and, during the two years
immediately
preceding
appointment, shall have devoted the majority of their professional
time to the activity while residing in this state.
Two members shall be individuals licensed under this chapter
as independent
social workers. Two members shall be individuals
licensed under this chapter
as social workers, at least one of
whom must hold a bachelor's or master's
degree in social work from
an accredited educational institution recognized by
the board. At
all times, the social worker membership shall include one
educator
who holds a teaching position in a baccalaureate or master's
degree
social work program at an accredited educational
institution recognized by the
board.
Three Two members shall be individuals licensed under this
chapter
as art therapists.
Four members shall be representatives of the general
public
who have
not practiced art therapy, professional counseling,
marriage
and
family
therapy, psychology or psychiatry, or social
work and
have not been
involved in the
delivery of art therapy,
professional counseling,
marriage and
family therapy, psychology
or psychiatry,
or social work
services. At least one of the
members representing
the general public shall
be at least sixty
years of age. During
their terms the public
members shall not
practice art therapy, professional
counseling,
marriage and
family
therapy, psychology or psychiatry, or social work or be
involved
in the delivery of art therapy, professional counseling,
marriage
and
family therapy, or social work
services.
Not more than
eight ten members of the board may be members
of
the same
political party or sex. At least one member of the
board shall
be of African, Native American, Hispanic, or Asian
descent.
Of the initial appointees, three shall be appointed for terms
ending
October
10,
1985, four shall be appointed for
terms ending
October 10, 1986, and four shall be appointed for
terms ending
October 10, 1987.
Of the two initial independent marriage and
family therapists appointed to
the board, one shall be appointed
for a term ending two years after the
effective date of this
amendment April 7, 2003, and one for a term ending three years
after
that date.
Of the two initial marriage and family therapists
appointed to the
board, one shall be appointed for a term ending
two years after
the effective
date of this amendment April 7,
2003, and one for a term ending
three years after that
date. Of
the two initial art therapists appointed to the board, one shall
be appointed for a term ending one year after the effective date
of this amendment and one for a term ending three years after that
date. The additional public member appointed to the board shall be
appointed for a term ending three years after the effective date
of this amendment. After the initial
appointments,
terms of office
shall be three
years, each term ending on the same
day of the same
month of the
year as did the term that it
succeeds.
A member shall hold office from the date of appointment until
the
end of the term for which the member was appointed. A member
appointed to
fill a vacancy occurring prior to the expiration of
the term for which the
member's predecessor was appointed
shall
hold office for the remainder of that term. A member
shall
continue in office after the expiration date of the member's
term
until a successor takes office or until a period of sixty days
has
elapsed, whichever occurs first. Members may be reappointed,
except that if a person has held office for two consecutive full
terms,
the person shall not be
reappointed to the board sooner
than one year after the
expiration of the second full term as a
member of the board.
Sec. 4757.04. Within the counselor, social worker,
and
marriage and family therapist, and art therapist board, there is
hereby created the
counselors professional standards committee,
the social
workers
professional standards committee,
and the
marriage and
family
therapist professional standards committee,
and the art therapist professional standards committee.
The counselors professional
standards committee consists
shall consist of
the board's professional clinical
counselor and
professional
counselor members and one of the members
representing
the public
who is not the member representing the public on the
marriage and
family therapist professional standards committee or
the social
workers
professional standards committee.
The
committee has full
authority
to act
on behalf of the board on
all matters concerning
professional clinical
counselors and
professional counselors.
The social workers professional standards committee
consists
shall consist
of the board's independent social worker and social
worker
members
and one of the members representing the public who
is not the
member
representing the public on the counselors
professional
standards committee or the marriage and family
therapist
professional standards
committee.
The committee has
full
authority to act on
behalf of
the board on all matters
concerning
independent
social
workers,
social workers, and
social work
assistants.
The marriage and family therapist professional standards
committee consists shall consist
of the board's marriage and
family therapists
and one of the members
representing the public
who is not the
member representing the public on the
counselors
professional
standards committee or the social workers
professional
standards
committee. The committee has full authority
to act on behalf of
the board on all matters concerning
independent marriage and
family therapists and marriage and
family therapists.
The art therapist professional standards committee shall
consist of the board's art therapist members. The committee has
full authority to act on behalf of the board on all matters
concerning art therapists.
Each of the board's committees shall also include one of the
board's members representing the public. A public member shall not
serve on more than one of the committees.
Sec. 4757.05. (A) The counselor, social worker,
and
marriage
and family therapist, and art therapist board shall meet as a
whole to
discuss and review issues regarding personnel,
budgetary
matters,
administration, and any other matter pertaining to the
operation
of the entire board. The board shall hold at least one
regular
meeting every three months. Additional
meetings may be
held at
such times as the board determines, upon
call of the
chairperson,
or upon the written request of
four seven or more
members of the
board to the executive
director. If
four seven or
more members so
request a meeting, the executive director shall
call a meeting
to
commence in not more than seven days.
Eight Ten
members of
the
board constitute a quorum to conduct business.
Except
as provided
in section 4757.39 of the Revised Code, no
action
shall be taken
without the concurrence of at least a
quorum.
The counselors professional standards committee, the
social
workers professional standards committee,
and the marriage
and
family
therapist professional standards committee, and the art
therapist professional standards committee, shall meet
as
necessary to
fulfill their
duties established by this chapter
and
the rules adopted under it. Three
members of a committee the
counselors, social workers, and marriage and family therapists
committees
constitute a quorum for that each committee to conduct
business. Two members of the art therapists committee constitute a
quorum to conduct business. No
action shall be taken without the
concurrence of at
least a
quorum.
(B) At its first meeting each year, the board shall elect a
chairperson from
among its members. At the first meeting held
each
year by the board's
professional standards committees, each
committee shall elect from among its
members a chairperson. The
chairpersons of the committees shall serve as
co-vice-chairpersons
of the board. Neither the board nor
its
committees
shall elect a
member to serve more than two consecutive terms in
the same
office.
(C) The board shall employ an executive director. The board
may employ and
prescribe the powers and duties of such employees
and consultants as are
necessary for it and its professional
standards committees to carry out this
chapter and rules adopted
under it.
(D) The members of the board
shall receive an amount fixed
under division (J) of section
124.15 of the Revised Code for each
day employed in the discharge
of their official duties as board or
committee members and shall be
reimbursed for their
necessary and
actual expenses incurred in the performance of
their official
duties.
(E) The board and each of its professional standards
committees
shall keep any records and minutes necessary to fulfill
the duties established
by this chapter and the rules adopted under
it.
Sec. 4757.06. The counselor, social worker,
and
marriage
and
family therapist, and art therapist board
shall adopt a seal to
authenticate its
records and
proceedings. Each of the board's
professional
standards
committees shall use the seal to
authenticate its
records and proceedings.
A statement, signed by the executive director of the board
to
which is affixed the official seal of the board, to the effect
that a person specified in the statement is not currently
licensed
or registered under this chapter or that a license or certificate
of
registration has been
revoked or suspended, shall be received
as prima-facie evidence of
a record of the board in any court or
before any officer of the
state.
Sec. 4757.07. The counselor, social worker, and marriage
and
family therapist, and art therapist board and its professional
standards
committees shall not discriminate against any licensee,
registrant, or applicant for a license or certificate of
registration under
this chapter because of the person's race,
color, religion, sex, national
origin, disability as defined in
section 4112.01 of the Revised Code,
or age. The board or
committee, as appropriate,
shall afford a hearing to any person
who files with the board or committee a
statement alleging
discrimination based on any of those reasons.
Sec. 4757.10. The counselor, social worker,
and
marriage
and
family therapist, and art therapist board may
adopt any rules
necessary to carry
out
this chapter.
The board shall adopt
rules
that do all of the
following:
(A) Concern
intervention for and treatment of any impaired
person holding
a
license or certificate of registration issued
under this chapter;
(B) Establish standards for training and experience of
supervisors described in division (C) of section 4757.30 of the
Revised Code;
(C) Define the requirement that an applicant be of good
moral
character in order to be licensed or registered under this
chapter;
(D) Establish requirements for criminal records checks of
applicants under section 4776.03 of the Revised Code.
All rules
adopted under this section shall be adopted in
accordance with Chapter 119. of
the Revised Code. When it adopts
rules under this section or any other
section of this chapter, the
board may consider
standards established by any national
association or other organization
representing the interests of
those involved in professional counseling,
social work,
or
marriage and family therapy the professions governed by the board
under this chapter.
Sec. 4757.101. (A) As used in this section, "license" and
"applicant for an initial license" have the same meanings as in
section 4776.01 of the Revised Code, except that "license" as used
in both of those terms refers to the types of authorizations
otherwise issued or conferred under this chapter.
(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license shall
comply with sections 4776.01 to 4776.04 of the Revised Code. The
counselor, social worker, and marriage and family therapist, and
art therapist board
shall not grant a license to an applicant for
an initial license
unless the applicant complies with sections
4776.01 to 4776.04 of
the Revised Code and the board, in its
discretion, decides that
the results of the criminal records
check do not make the
applicant ineligible for a license issued
pursuant to section
4757.22, 4757.23, 4757.27, 4757.28, 4757.29,
4757.30, or 4757.301
of the Revised Code under this chapter.
Sec. 4757.11. The counselor, social worker,
and
marriage
and
family therapist, and art therapist board shall establish a code
of ethical
practice for persons licensed or registered under this
chapter as professional
clinical counselors or professional
counselors. The board shall
establish a code of ethical practice
for persons licensed under
this chapter
as independent social
workers or social workers,
persons
registered under
this chapter
as social work assistants,
and persons licensed as
independent
marriage and family therapists
or marriage and
family therapists.
The codes of ethical practice
shall
be established by adopting
rules in accordance with Chapter
119.
of the Revised Code. The
codes of ethical practice shall
define
unprofessional conduct,
which shall include engaging in a
dual
relationship with a client
or former client, committing an
act
of sexual abuse, misconduct,
or exploitation of a client or
former client, and, except as
permitted by law, violating client
confidentiality. The codes of
ethical practice may be based on
any codes of
ethical practice
developed
by national
organizations
representing the interests of
those
involved in professional
counseling, social work, or
marriage and family therapy the professions governed by the board
under this chapter. The
board
may establish standards in its codes
of
ethical practice
that are more stringent than those established
by
national
organizations.
Sec. 4757.12. (A) A person who is licensed or
registered
under this chapter, and a person or agency that employs a person
licensed or registered under this
chapter, may charge a client or
receive remuneration for professional
counseling, social work,
or
marriage and family
therapy services
only if one of the
following
applies:
(1) Prior to the performance of services, the client is
furnished a copy of a professional disclosure statement containing
the
information described in division (B) of this section;
(2) A professional disclosure statement containing the
information
described in division (B) of this section is displayed
in a
conspicuous location at the
place where the services are
performed and a copy of the
statement is provided to the client
upon request.
(B) The professional disclosure statement required by
division (A) of this section shall contain the following:
(1) The name, title, business address, and business
telephone
number of the professional clinical counselor,
professional
counselor, social work assistant, social worker,
independent
social worker,
independent marriage and family
therapist, or
marriage and family therapist person performing the
services;
(2) The formal professional education of the
person
performing the services, including the institutions the person
attended, the dates attended, and the
degrees received from them;
(3) The areas of competence in the field in which
the person
is licensed or registered and the
services the person provides;
(4) In the case of a person who is engaged in a private
individual
practice, partnership, or group practice, the person's
fee
schedule, listed by type of service or hourly rate;
(5) At the bottom of the first page of the disclosure
statement, the words,
"This information is
required by the
counselor, social worker,
and marriage and family
therapist, and
art therapist
board, which regulates the practices of
professional
counseling, social work,
and marriage
and family therapy, and art
therapy in this state."
and, immediately
beneath those words, the
name, address, and
telephone
number of the board.
Sec. 4757.15. The counselor, social worker,
and
marriage
and
family therapist, and art therapist board shall prepare, cause
to
be prepared, or
procure the use of, and grade, have graded, or
procure the
grading
of, counseling, social work, and marriage and
family therapist examinations to determine the competence of
applicants for such
licensure under this chapter. The board may
administer separate
examinations
to reflect differences in
educational degrees earned
by applicants. The board
may develop
the examinations or use
examinations prepared by state or national
organizations that
represent the interests of those involved in
professional
counseling, social work,
or marriage and family
therapy. The
board
shall conduct examinations at least
twice each
year and
shall
determine the level of competence necessary for a
passing
score.
Sec. 4757.16. (A) A person seeking to be licensed under
this
chapter as a professional clinical
counselor or, professional
counselor, independent social worker, social worker, independent
marriage and family therapist, marriage and family therapist, or
art therapist, or seeking to be registered under this chapter as a
social work assistant, shall
file with the counselors appropriate
professional standards
committee of the
counselor, social worker,
and marriage and
family
therapist board a written
application on a
form prescribed
by the counselor, social worker, marriage and
family therapist, and art therapist board. A person
seeking to be
licensed under this chapter
as an independent social worker or
social worker or registered
under this chapter as a social work
assistant
shall file with the
social workers professional
standards committee of the
board a
written application on a form
prescribed by the board.
A
person seeking to be licensed under
this chapter as an independent
marriage and family therapist or a
marriage and family
therapist
shall file with the marriage and
family therapist professional
standards committee of the board a
written application on a form
prescribed by
the board.
Each form
prescribed by the board shall
contain a statement
informing the applicant that a person
who knowingly makes a false
statement on the form is guilty of falsification under section
2921.13 of the Revised Code, a misdemeanor of the first degree.
(B) The professional standards committees shall review each
application received and shall determine whether the applicant
meets the requirements to receive the license or
certificate of
registration for which application has been made.
Sec. 4757.17. The professional standards committees of the
counselor,
social worker,
and marriage and family therapist, and
art therapist
board shall
review the
applications of applicants
for licensure or
registration under
this chapter who have received
a
post-secondary
degree from an educational institution outside
the
United States.
The committee reviewing
the application shall
determine whether
the applicant's
experience, command of the
English language, and
completed
academic program meet the
standards of an academic
program of an
accredited educational
institution. If they do, the
applicant
shall be considered to have
received the education from
an
accredited educational institution
as required by this chapter
and rules adopted under it.
Sec. 4757.18. The counselor, social worker,
and
marriage
and
family therapist, and art therapist board
may enter into a
reciprocal agreement
with any state that
regulates individuals
practicing in the same
capacities as those
regulated under this
chapter if the board
finds that the state
has requirements
substantially equivalent to
the
requirements this state has for
receipt of a license or
certificate of registration under this
chapter. In a reciprocal
agreement, the board agrees to issue the
appropriate license or
certificate of registration to any resident
of the other state
whose practice is currently authorized by that
state if that
state's regulatory body agrees to authorize the
appropriate
practice of any resident of this state who holds a
valid license
or certificate of registration issued under this
chapter.
The professional standards committees of the board may,
by
endorsement, issue the appropriate license or certificate of
registration to a resident of a state with which the board does
not have a reciprocal agreement, if the person submits proof
satisfactory to the committee of currently being licensed,
certified, registered, or otherwise authorized to practice by
that
state.
Sec. 4757.19. On receipt of a notice pursuant to
section
3123.43 of the Revised Code, the counselor,
social worker, and
marriage and family therapist, and art therapist board shall
comply with
sections
3123.41 to 3123.50 of the Revised Code and
any applicable rules
adopted under
section 3123.63 of the Revised
Code
with respect to
a license or certificate of registration
issued pursuant to this chapter.
Sec. 4757.22. (A) The counselors professional standards
committee of the counselor, social worker,
and
marriage and
family
therapist, and art therapist board shall issue a license
to
practice as a
professional clinical counselor
to each applicant
who submits a
properly completed application, pays the fee
established under
section 4757.31 of the Revised Code, and meets
the
requirements
specified in division (B) of this section.
(B) To be eligible for a professional clinical counselor
license,
an individual must meet the following requirements:
(1) The individual must be of good moral character.
(2) The individual must hold from an accredited educational
institution
a graduate degree in counseling.
(3) The individual must complete a minimum of ninety quarter
hours of
graduate credit in
counselor training acceptable to the
committee, including a minimum of thirty
quarter hours of
instruction in the following areas:
(a) Clinical psychopathology, personality, and abnormal
behavior;
(b) Evaluation of mental and emotional disorders;
(c) Diagnosis of mental and emotional disorders;
(d) Methods of prevention, intervention, and treatment of
mental
and emotional disorders.
(4) The individual must complete, in either a private or
clinical
counseling setting,
supervised experience in counseling
that is of a type approved by the
committee, is supervised by a
professional clinical counselor or other
qualified professional
approved by the committee, and is in the following
amounts:
(a) In the case of an individual holding only a master's
degree,
not less than two years of experience, which must be
completed
after the award of the master's degree;
(b) In the case of an individual holding a doctorate, not
less
than one year of experience, which must be completed after
the award
of the doctorate.
(5) The individual must pass a field evaluation that meets
the following
requirements:
(a) Has been completed by the applicant's
instructors,
employers, supervisors, or other persons determined by the
committee to be competent to evaluate an individual's professional
competence;
(b) Includes documented evidence of the quality, scope, and
nature of the
applicant's experience and competence in diagnosing
and treating mental and
emotional disorders.
(6) The individual must pass an examination administered by
the board for
the purpose of
determining ability to practice as a
professional clinical counselor.
(C) To be accepted by the committee for purposes of division
(B) of this section, counselor training must include at least the
following:
(1) Instruction in human growth and development; counseling
theory;
counseling techniques; group dynamics, processing, and
counseling; appraisal
of individuals; research and evaluation;
professional, legal, and ethical
responsibilities; social and
cultural foundations; and lifestyle and career
development;
(2) Participation in a supervised practicum and internship
in
counseling.
(D) The committee may issue a provisional license to an
applicant who meets all of the requirements to be licensed under
this section,
pending the receipt of transcripts or action by the
committee to issue a
license to practice as a professional
clinical counselor.
(E) An individual may not sit for the licensing
examination
unless the individual meets the educational
requirements to be
licensed under this section. An individual
who is denied
admission
to the licensing examination may appeal
the denial in
accordance
with Chapter 119. of the Revised Code.
(F) The board shall adopt any rules necessary for the
committee
to implement this section, including criteria for the
committee to use in
determining whether an applicant's training
should be accepted and supervised
experience approved. Rules
adopted under this division shall be adopted in
accordance with
Chapter 119. of the Revised Code.
Sec. 4757.23. (A) The counselors professional standards
committee of the
counselor, social worker,
and marriage and
family
therapist, and art therapist board shall issue a license as a
professional
counselor to each applicant who submits a properly
completed
application, pays
the fee established under section
4757.31 of the
Revised
Code, and meets the requirements
established under
division (B) of this section.
(B) To be eligible for a license as a professional
counselor,
an
individual must meet the following requirements:
(1) The individual must be of good moral character.
(2) The individual must hold from an accredited educational
institution a graduate degree in counseling.
(3) The individual must complete a minimum of ninety quarter
hours of
graduate credit in counselor training
acceptable to the
committee, which the individual may complete
while working toward
receiving a graduate degree in counseling or
subsequent to
receiving the degree.
(4) The individual must pass an examination administered by
the
board for the purpose of
determining ability to practice as a
professional counselor.
(C) To be accepted by the committee for purposes of division
(B) of this section, counselor training must include at least the
following:
(1) Instruction in human growth and
development; counseling
theory; counseling techniques; group
dynamics, processing, and
counseling; appraisal of individuals;
research and evaluation;
professional, legal, and ethical
responsibilities; social and
cultural foundations; and lifestyle
and career development;
(2) Participation in a supervised
practicum and internship
in
counseling.
(D) The committee may issue a provisional license to an
applicant who meets all of the requirements to be licensed under
this section,
pending the receipt of transcripts or action by the
committee to issue a
license as a professional counselor.
(E) An individual may not sit for the licensing
examination
unless the individual meets the educational
requirements to be
licensed under this section. An individual
who is denied
admission
to the licensing examination may appeal
the denial in
accordance
with Chapter 119. of the Revised Code.
(F) The board shall adopt any rules necessary for the
committee
to implement this section, including criteria for the
committee to use in
determining whether an applicant's training
should be accepted. Rules adopted
under this division shall be
adopted in
accordance with Chapter 119. of the Revised Code.
Sec. 4757.27. (A) The social workers professional standards
committee of the counselor, social worker,
and
marriage and
family
therapist, and art therapist board
shall issue a license as an
independent
social worker to each applicant who
submits a properly
completed
application, pays the fee established under
section
4757.31 of the
Revised Code, and meets the requirements specified
in
division (B)
of this section. An independent social worker
license shall
clearly indicate each academic degree earned by the
person to whom
it has been
issued.
(B) To be eligible for a license as an independent social
worker,
an individual must meet the following requirements:
(1) The individual must be of good moral character.
(2) The individual must hold from an accredited educational
institution a
master's degree or a doctorate in social work.
(3) The individual must complete at least two years of
post-master's
degree social work experience supervised by an
independent social worker.
(4) The individual must pass an examination administered by
the board for
the purpose of determining ability to practice as an
independent
social worker.
(C) The committee may issue a temporary license to an
applicant
who meets all of the requirements to be licensed under
this section, pending
the receipt of transcripts or action by the
committee to issue a license as an
independent social worker.
(D) The board shall adopt any rules necessary for the
committee
to implement this section, including criteria for the
committee to use in
determining whether an applicant's training
should be accepted and supervised
experience approved. Rules
adopted under this division shall be adopted in
accordance with
Chapter 119. of the Revised Code.
Sec. 4757.28. (A) The social workers professional standards
committee of the
counselor, social worker,
and marriage and
family
therapist, and art therapist board shall issue a
license as a
social worker to
each applicant who
submits a properly completed
application, pays
the fee
established under section 4757.31 of the
Revised Code, and
meets the
requirements specified in division (B)
of this section.
A social worker
license shall clearly indicate
each academic
degree earned by the person to
whom it is issued.
(B) To be eligible for a license as a social worker, an
individual must meet the following requirements:
(1) The individual must be of good moral character.
(2) The individual must hold from
an accredited educational
institution one of the following:
(a) A baccalaureate degree in social work or, prior to
October 10, 1992, a baccalaureate degree in a program
closely
related to social work and approved by the
committee;
(b) A master's degree in social work;
(c) A doctorate in social work.
(3) The individual must pass an examination administered by
the board for the purpose of determining ability to
practice as a
social worker.
(C) The committee may issue a temporary license to an
applicant who
meets all of the requirements to be licensed under
this section, pending the
receipt of transcripts or action by the
committee to issue a license as a
social worker. However, the
committee may issue a temporary license to an
applicant who
provides the board with a statement from the applicant's
academic
institution indicating that the applicant is in good standing with
the institution, that the applicant has met the academic
requirements for the
applicant's degree, and the date the
applicant will receive the applicant's
degree.
(D) The board shall adopt any rules necessary for the
committee to implement
this section, including criteria for the
committee to use in determining
whether an applicant's training
should be accepted and supervised experience
approved. Rules
adopted under this division shall be adopted in accordance
with
Chapter 119. of the Revised Code.
Sec. 4757.29. (A) The social workers professional standards
committee of
the counselor, social worker,
and marriage and
family
therapist, and art therapist board shall
issue a certificate of
registration
as a social work
assistant to each applicant who
submits a
properly completed application,
pays the fee established
under
section 4757.31 of the Revised Code, is of good
moral
character,
and holds from an accredited educational institution an
associate
degree in social service technology or a bachelor's
degree that is
equivalent to an associate degree in social service
technology or
a related
bachelor's or higher degree that is
approved by the
committee.
(B) On and after
March
18, 1997, a counselor assistant
certificate of registration issued
under former section 4757.08 of
the
Revised Code shall be
considered a
certificate of registration
as a social work
assistant. The
holder of the certificate is
subject to the
supervision
requirements specified in section
4757.26 of the
Revised Code, the continuing education
requirements
specified in
section 4757.33 of the Revised
Code, and regulation
by the
social
workers professional standards committee. On the
first
renewal
occurring after
March
18, 1997,
the
committee shall
issue a certificate of registration as a
social
work assistant to
each former counselor assistant who
qualifies
for renewal.
(C) The social workers
professional standards committee
shall
issue a certificate of
registration as a social work
assistant to
any person who, on or
before
March
18, 1998, meets
the
requirements for a certificate of registration as a
counselor
assistant pursuant to division
(A)(3) of former section 4757.08 of
the Revised
Code, submits a properly completed application, pays
the fee
established under section
4757.31 of the Revised Code, and
is of good moral
character.
Sec. 4757.30.
(A) The marriage and family therapist
professional standards committee of the counselor, social worker,
and
marriage and
family therapist, and art therapist board shall
issue a license
to
practice as a
marriage
and family therapist
to a person who has
done all of the
following:
(1) Properly completed an application for the license;
(2) Paid the required fee established by the board under
section 4757.31
of the Revised Code;
(3) Achieved one of the following:
(a) Received from an educational institution accredited at
the time the
degree was granted by a regional accrediting
organization
recognized by the board a master's
degree or a
doctorate in marriage and family therapy;
(b) Completed a graduate degree that includes a minimum of
ninety quarter hours of graduate
level course
work
in marriage and
family
therapy training that is
acceptable to the committee;
(4) Passed an examination administered by the board for the
purpose of
determining the person's ability to be a marriage and
family therapist;
(5) Completed a practicum that includes at least three
hundred hours of
client contact.
(B) To be accepted by the committee for purposes of division
(A)(3)(b) of this section, marriage and family therapist training
must include instruction in at least the following:
(1) Research and evaluation;
(2) Professional, legal, and ethical responsibilities;
(3) Marriage and family studies;
(4) Marriage and family therapy, including therapeutic theory
and techniques for individuals, groups, and families;
(6) Appraisal of individuals and families;
(7) Diagnosis of mental and emotional disorders;
(C) The marriage and family therapist professional
standards
committee shall issue
a license to practice as an independent
marriage
and family
therapist to a person who
does both of the
following:
(1) Meets all of the requirements of
division (A) of this
section;
(2) After meeting the requirements
of division (A)(3)
of
this section,
completes at least
two
calendar years of work
experience in marriage and
family
therapy.
The two calendar years of work experience must include one
thousand hours of documented client contact
in
marriage and family
therapy. Two hundred hours of the one
thousand hours must
include
face-to-face supervision by a supervisor whose
training
and
experience meets standards established by the board
in rules
adopted under section 4757.10 of the Revised Code and one
hundred
hours of the two hundred hours
of supervision must be
individual
supervision.
(D)
An independent marriage and family therapist or a
marriage
and family therapist may engage in the private
practice
of marriage and family therapy as an individual practitioner or as
a
member of a partnership or group practice.
(E) A marriage and family therapist may
diagnose and treat
mental and emotional disorders only under the
supervision of a
psychologist, psychiatrist, professional clinical counselor,
independent social worker, or independent marriage and family
therapist. An
independent marriage and family therapist may
diagnose and treat mental and
emotional disorders without
supervision.
(F) Nothing in this chapter or rules adopted under it
authorizes
an independent marriage and family
therapist or a
marriage and family
therapist to admit a patient to a hospital or
requires a
hospital to allow a marriage and family therapist to
admit a
patient.
(G) An independent marriage and family therapist or a
marriage and family therapist may not diagnose, treat, or advise
on conditions outside the recognized boundaries of the marriage
and family therapist's competency. An independent marriage and
family therapist or a marriage and family therapist shall make
appropriate and timely referrals when a client's needs exceed the
marriage and family therapist's competence level.
Sec. 4757.301.
On receipt of an application for a license as
a marriage
and family therapist, the counselor, social worker, and
marriage and family
therapist, and art therapist board may issue a
temporary license
to
an individual who qualifies under division
(A) of section
4757.30
of the Revised Code for licensure as a
marriage and family
therapist or divisions
(A) and (C) of section
4757.30
of the
Revised Code for licensure as an independent
marriage and family
therapist, except
that the individual is
awaiting the next
opportunity to take an
examination required by
the board under
that division. The temporary license
allows the
holder to engage
in the practice of independent marriage and
family
therapy or
marriage and family therapy as appropriate and
is valid from the
date of issuance until the earlier of one year
from that
date, the
date the applicant withdraws from taking the
examination, the date
the applicant is notified that the applicant
failed the
examination, or the
date the applicant's license is
issued under
section 4757.30 of the Revised Code. A
temporary
license may not
be renewed.
Sec. 4757.31. (A) Subject to division
(B) of this section,
the counselor, social worker,
and marriage and family
therapist,
and art therapist board
shall establish, and may from time to time
adjust,
fees to be
charged for the following:
(1) Examination for licensure as a professional clinical
counselor, professional counselor,
marriage and family therapist,
independent marriage and family therapist, social worker, or
independent social
worker;
(2) Initial licenses of professional clinical counselors,
professional
counselors,
marriage and family therapists,
independent marriage and family
therapists, social workers, and
independent social workers, and art therapists except
that the
board shall
charge
only one fee to a person who fulfills all
requirements for
more than one of the following initial licenses:
an
initial
license as a social worker or independent social
worker, an
initial license as a professional counselor or
professional
clinical counselor,
and an initial license as a
marriage and
family therapist or independent marriage and family
therapist, and an initial license as an art therapist;
(3) Initial certificates of registration of social work
assistants;
(4) Renewal of licenses of professional clinical counselors,
professional counselors,
marriage and family therapists,
independent
marriage and family therapists, art therapists, social
workers, and
independent
social
workers and renewal of
certificates of
registration of
social work assistants.
(B) The fees charged under division (A)(1) of
this section
shall be established in amounts sufficient to cover the direct
expenses incurred in examining applicants for licensure. The fees
charged
under divisions (A)(2), (3), and
(4) of this section shall
be nonrefundable and shall be established in
amounts sufficient to
cover the necessary expenses in
administering this chapter and
rules adopted under it that are
not covered by fees charged under
division (A)(1) or
(C) of this section. The renewal fee for a
license or certificate
of registration shall not be less than the
initial fee for that license or
certificate. The fees charged for
licensure and registration and
the renewal of licensure and
registration may differ for the various types of licensure and
registration, but shall not exceed
one hundred
twenty-five dollars
each,
unless
the board determines that amounts
in excess of
one
hundred twenty-five
dollars are
needed to cover its necessary
expenses in
administering this
chapter and rules adopted under it
and the
amounts in excess of
one hundred twenty-five dollars are
approved by the
controlling board.
(C) All receipts of the board shall be deposited in the
state
treasury to the credit of the occupational licensing and
regulatory fund. All vouchers of the board shall be
approved by
the chairperson or executive director of the board, or both, as
authorized by
the board.
Sec. 4757.32. A license or certificate of registration
issued under this
chapter expires two years after it is issued and
may be
renewed in accordance with the standard renewal
procedure
established under Chapter 4745. of the Revised Code.
Subject to section 4757.36 of the Revised Code,
the staff of
the appropriate professional standards committee of the
counselor,
social worker,
and marriage and family
therapist, and art
therapist board shall,
on behalf of each committee,
issue a
renewed license or
certificate of registration to each
applicant
who has paid the
renewal fee established by the board
under
section 4757.31 of the
Revised Code and,
satisfied the continuing
education requirements
established by
the board under section
4757.33 of the Revised
Code, and in the case of an art therapist,
maintained the appropriate certification or registration from the
art therapy credentials board, inc.
A license or certificate of registration that is not renewed
lapses on its
expiration date. A license or certificate of
registration that has lapsed may
be restored if
the individual,
not later than two years after the license or certificate
expired,
applies for restoration of the license or certificate. The staff
of
the appropriate professional standards committee shall issue a
restored
license or certificate of registration to the applicant
if the applicant pays
the renewal fee established under section
4757.31 of the Revised Code and
satisfies the continuing
education
requirements established under section 4757.33 of the Revised Code
for restoring the license or certificate of registration. The
board and its
professional standards committees shall not require
a person to take an
examination as a condition of having a lapsed
license or certificate of
registration restored.
Sec. 4757.33. (A) Except as provided in division (B) of
this
section, each person who holds a license or certificate of
registration
issued under this chapter shall complete during the
period that the license or
certificate is in effect not less than
thirty clock hours of continuing
professional education as a
condition of receiving a renewed license or
certificate. To have
a
lapsed license or certificate of registration
restored, a person
shall complete the number of hours of continuing education
specified by the counselor, social worker,
and
marriage and
family
therapist, and art therapist board in rules it shall adopt in
accordance with
Chapter
119. of the Revised Code.
The professional standards committees of the counselor,
social worker,
and marriage and family therapist
board shall adopt
rules in
accordance with Chapter 119. of the Revised
Code
establishing standards and
procedures to be followed by the
committees in conducting the
continuing education approval
process.
(B) The board may waive the continuing education
requirements
established under this section for persons who are
unable to
fulfill them
because of military service, illness,
residence
abroad, or any other reason
the committee considers
acceptable.
In the case of a social worker licensed by virtue of
receiving, prior to
October 10, 1992, a baccalaureate degree in a
program closely related
to social work, as a condition of the
first renewal of the license, the social
worker must complete at
an accredited educational institution a minimum of
five semester
hours of social work graduate or undergraduate credit, or their
equivalent, that is acceptable to the committee and includes a
course in
social work theory and a course in social work methods.
Sec. 4757.34. Not later than ninety days after
December 9,
1994, the counselor, social
worker,
and marriage and family
therapist, and art therapist board shall approve one
or more
continuing education courses of study that assist social
workers,
independent
social workers, social work assistants,
independent
marriage and family
therapists, marriage and family
therapists,
professional clinical
counselors, and professional
counselors, and
art therapists in recognizing the signs of
domestic violence and
its
relationship
to child abuse. Social workers, independent
social
workers, social work
assistants,
independent marriage and
family
therapists, marriage and family
therapists, professional
clinical
counselors, and professional
counselors, and art
therapists are not required to take
the courses.
Sec. 4757.36. (A) The professional
standards committees of
the counselor, social worker,
and marriage and family
therapist,
and art 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 art
therapy or
practicing in
fields related to counseling, social
work,
or
marriage and family therapy, or art 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 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, art
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, art
therapist, social work
assistant, social
worker, or independent
social worker;
(8) Practiced outside the scope of practice applicable to
that person;
(9) Practiced without complying with the supervision
requirements
specified under sections 4757.21 and 4757.26,
and
division
(E) of section
4757.30, of the Revised Code;
(10) Violated the person's code of ethical practice adopted
by
rule of the board pursuant to section 4757.11 of the
Revised
Code;
(11) 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.
Sec. 4757.361. (A) As used in this section, with regard to
offenses committed in Ohio, "aggravated murder," "murder,"
"voluntary manslaughter," "felonious assault," "kidnapping,"
"rape," "sexual battery," "gross sexual imposition," "aggravated
arson," "aggravated robbery," and "aggravated burglary" mean such
offenses as defined in Title XXIX of the Revised Code; with regard
to offenses committed in other jurisdictions, the terms mean
offenses comparable to offenses defined in Title XXIX of the
Revised Code.
(B) When there is clear and convincing evidence that
continued practice by an individual licensed under this chapter
presents a danger of immediate and serious harm to the public, as
determined on consideration of the evidence by the professional
standards committees of the counselor, social worker, and marriage
and family therapist, and art therapist board, the appropriate
committee shall impose
on the individual a summary suspension
without a hearing.
Immediately following the decision to impose a summary
suspension, the appropriate committee shall issue a written order
of suspension and cause it to be delivered 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 the
pendency of any appeal filed under section 119.12 of the Revised
Code. If the individual subject to the suspension requests an
adjudication, the date set for the adjudication shall be within
fifteen days but not earlier than seven days after the individual
makes the request, unless another date is agreed to by both the
individual and the committee imposing the suspension. The summary
suspension shall remain in effect, unless reversed by the
committee, until a final adjudication order issued by the
committee pursuant to this section and Chapter 119. of the Revised
Code becomes effective.
The committee shall issue its final adjudication order within
ninety days after completion of the adjudication. If the committee
does not issue a final order within the ninety-day period, the
summary suspension shall be void, but any final adjudication order
issued subsequent to the ninety-day period shall not be affected.
(C) The license issued to an individual under this chapter
is
automatically suspended on that individual's conviction of,
plea
of guilty to, or judicial finding with regard to any of the
following: aggravated murder, murder, voluntary manslaughter,
felonious assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated robbery, or aggravated
burglary. The suspension shall remain in effect from the date of
the conviction, plea, or finding until an adjudication is held
under Chapter 119. of the Revised Code. If the appropriate
committee has knowledge that an automatic suspension has occurred,
it shall notify the individual subject to the suspension. If the
individual is notified and either fails to request an adjudication
within the time periods established by Chapter 119. of the Revised
Code or fails to participate in the adjudication, the committee
shall enter a final order permanently revoking the person's
license or certificate.
Sec. 4757.38. The counselor, social worker,
and
marriage
and
family therapist, and art therapist board shall investigate
alleged violations of
this chapter or the rules adopted under it
and alleged
irregularities in the delivery of services related to
professional
counseling, social work,
or marriage and family
therapy by
persons licensed or
registered under this chapter. As
part
of its
conduct of an investigation, the board may issue
subpoenas,
examine
witnesses, and administer oaths.
The board may receive any information necessary to conduct an
investigation
under this section. If the board is investigating
the provision of services
to a couple or group, it is not
necessary for both members of the couple or
all members of the
group to consent to the release of information relevant to
the
investigation.
The board shall ensure that all records it holds pertaining
to an
investigation remain confidential. The board shall adopt
rules establishing
procedures to be followed in maintaining the
confidentiality of its
investigative records. The rules shall be
adopted in accordance with
Chapter 119. of the Revised Code.
Sec. 4757.40. In addition to any other remedies provided by
law,
the counselor and, social worker, marriage and family
therapist, and art therapist board may apply to an appropriate
court
for an order enjoining the violation of any provision of
this chapter,
and on a showing that any person has violated or is
about to
violate any provision of this chapter, the court shall
grant an
order enjoining the violation.
Sec. 4757.43. Nothing in this chapter or the rules adopted
under it shall
be construed as authorizing a professional clinical
counselorprofessional
counselor,
independent marriage and family
therapist, , marriage and family
therapist, independent social
worker,
social worker, or social work assistant a person licensed
or registered under this chapter to admit a patient
to a hospital
or as
requiring a hospital to allow any of those
individuals to
admit a patient.
Sec. 4757.44.
For the purposes of section 2305.51 of the
Revised
Code, a person who holds a license issued under this
chapter is a
mental health professional.
A license holder is not liable in damages in a civil
action,
and shall not be subject to disciplinary action by the
counselor,
social
worker, and marriage and family therapist, and art
therapist board,
for disclosing any
confidential information about
a client that is
disclosed for the purposes of
section 2305.51 of
the Revised
Code.
Sec. 4757.45. (A) An individual seeking a license to
practice as an art therapist shall submit an application to the
art therapist professional standards
committee of the counselor,
social worker, marriage and family
therapist, and art therapist
board. The application shall be accompanied by the fee
established under section 4757.31 of the Revised Code.
(B) The committee shall review all applications received. If
an applicant submits a properly completed application and meets
the requirements specified in section 4757.46 of the Revised Code,
the committee shall issue to the applicant a license to practice
as an art therapist.
(C) A license is valid for the period specified in rules
adopted under section 4757.49 of the Revised Code and may be
renewed in accordance with procedures specified in the rules.
Sec. 4757.46. To be eligible to receive a license to practice
as an art therapist, an individual shall meet all of the following
requirements:
(A) Be of good moral character;
(B) Be at least twenty-one years of age;
(C) Hold current
certification from the art therapy
credentials board, inc., and
submit evidence of that
certification with the application
submitted under section
4757.45 of the Revised Code;
(D) Obtain three letters of recommendation from professional
sources, one of which shall be from an art therapist, and submit
the letters in accordance with procedures established in rules
adopted under section 4757.49 of the Revised Code.
Sec. 4757.47. (A) The art therapist professional standards
committee of the counselor, social worker, marriage and family
therapist, and art therapist board may issue a temporary license
to an
applicant who meets any of the following requirements:
(1) Provides evidence to the committee that the applicant is
currently board certified by the art therapy credentials board,
inc., and further action by the committee to issue an art
therapist license is pending;
(2) Provides evidence to the committee that the applicant is
a registered art therapist with the art therapy credentials board,
inc.;
(3) Provides evidence to the committee that the applicant
holds a degree from an art therapy program approved by the
American art therapy association or the equivalent of such a
degree as determined by the committee.
(B) A temporary license issued under this section shall be
valid for two years and may be renewed upon expiration of the
initial temporary license. A temporary license may be renewed up
to three times.
(C) An applicant holding a temporary license issued under
this section shall practice art therapy under the supervision of a
licensed art therapist and in accordance with guidelines
established by the art therapy credentials board, inc.
Sec. 4757.48. A person licensed under this chapter as an art
therapist
may practice art therapy through the integrated use of
psychotherapeutic principles and visual art media in the
assessment, evaluation, treatment, amelioration, and remediation
of emotional, cognitive, neurological, psychosocial, physical, and
developmental discords. A licensed art therapist may provide
training and supervision to art therapy students or prospective
applicants for licensure.
Sec. 4757.49. The counselor, social worker, marriage and
family therapist, and art therapist board shall adopt any rules
necessary for implementation of sections 4757.45 to 4757.48 of the
Revised Code. The rules shall be adopted in
accordance with
Chapter 119. of the Revised Code.
Section 2. That existing sections 125.22, 2151.421, 2317.02,
4757.01, 4757.02, 4757.03, 4757.04, 4757.05, 4757.06, 4757.07,
4757.10, 4757.101, 4757.11, 4757.12, 4757.15, 4757.16, 4757.17,
4757.18, 4757.19, 4757.22, 4757.23, 4757.27, 4757.28, 4757.29,
4757.30, 4757.301, 4757.31, 4757.32, 4757.33, 4757.34, 4757.36,
4757.361, 4757.38, 4757.40, 4757.43, and 4757.44 of the Revised
Code are hereby repealed.
Section 3. Within ninety days after the effective date of
this
section,
the Governor shall appoint the initial art
therapist
members and
the additional public member of the
Counselor, Social
Worker,
Marriage and Family Therapist, and Art
Therapist Board,
in
accordance with section 4757.03 of the
Revised Code, as
amended by
this act. The art therapist
appointees are not
required, at the
time of appointment, to be
licensed as art
therapists. However,
the appointees may remain
members only if
the appointees become
licensed as art therapists
within one year
after the effective date
of this section.
Section 4. Until one year after the effective date of this
section,
the Board shall issue an art therapist license to an
applicant who
is of good moral character, submits a properly
completed
application, pays the fee for art therapist licensure
established
under section 4757.31 of the Revised Code, and meets
the following
requirements on the effective date of this section:
(A) The applicant is licensed under Chapter 4757. of the
Revised Code as a professional clinical counselor, independent
marriage and family therapist, or independent social worker;
licensed under Chapter 4732. of the Revised Code as a
psychologist; or licensed under Chapter 4731. of the Revised Code
and is board-certified to practice as a psychiatrist.
(B) The person holds a degree in art therapy or the
equivalent of such a degree as determined by the Board.
(C) Provides evidence to the Board's Art Therapist
Professional Standards Committee that the applicant has practiced
art therapy for at least five years within the ten years
immediately preceeding the effective date of this act.
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