The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 496 As Passed by the HouseAs Passed by the House
129th General Assembly | Regular Session | 2011-2012 |
| |
Representatives Hackett, Garland
Cosponsors:
Representatives Hagan, R., Stebelton, Wachtmann, Antonio, Celeste, Boose, Carney, Combs, Driehaus, McClain, Milkovich, Newbold, Ramos, Sears, Yuko
A BILL
To amend sections 102.02, 102.022, 102.03, 2152.54,
2919.271, 2945.37, 4732.01, 4732.02, 4732.03,
4732.06, 4732.07, 4732.09, 4732.10, 4732.11,
4732.12, 4732.13, 4732.14, 4732.141, 4732.16,
4732.17, 4732.172, 4732.173, 4732.18, 4732.21,
4732.22, 4732.31, 4755.13, 4757.42, 5120.55, and
5122.01, to amend, for the purpose of adopting new
section numbers as indicated in parentheses,
sections 4732.16 (4732.15), 4732.172 (4732.171),
and 4732.173 (4732.172), to enact new sections
4732.16 and 4732.173 and sections 4732.142,
4732.151, 4732.221, and 4732.32, and to repeal
sections 4732.15, 4732.171, and 4732.23 of the
Revised Code to revise the laws governing the
practice of psychology.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 102.02, 102.022, 102.03, 2152.54,
2919.271, 2945.37, 4732.01, 4732.02, 4732.03, 4732.06, 4732.07,
4732.09, 4732.10, 4732.11, 4732.12, 4732.13, 4732.14, 4732.141,
4732.16, 4732.17, 4732.172, 4732.173, 4732.18, 4732.21, 4732.22,
4732.31, 4755.13, 4757.42, 5120.55, and 5122.01 be amended;
sections 4732.16 (4732.15), 4732.172 (4732.171), and 4732.173
(4732.172) be amended for the purpose of adopting new section
numbers as indicated in parentheses; and that new sections 4732.16
and 4732.173 and sections 4732.142, 4732.151, 4732.221, and
4732.32 of the Revised Code be enacted to read as follows:
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, all of the following shall file with the
appropriate ethics commission the disclosure statement described
in this division on a form prescribed by the appropriate
commission: every person who is elected to or is a candidate for a
state, county, or city office and every person who is appointed to
fill a vacancy for an unexpired term in such an elective office;
all members of the state board of education; the director,
assistant directors, deputy directors, division chiefs, or persons
of equivalent rank of any administrative department of the state;
the president or other chief administrative officer of every state
institution of higher education as defined in section 3345.011 of
the Revised Code; the executive director and the members of the
capitol square review and advisory board appointed or employed
pursuant to section 105.41 of the Revised Code; all members of the
Ohio casino control commission, the executive director of the
commission, all professional employees of the commission, and all
technical employees of the commission who perform an internal
audit function; the individuals set forth in division (B)(2) of
section 187.03 of the Revised Code; the chief executive officer
and the members of the board of each state retirement system; each
employee of a state retirement board who is a state retirement
system investment officer licensed pursuant to section 1707.163 of
the Revised Code; the members of the Ohio retirement study council
appointed pursuant to division (C) of section 171.01 of the
Revised Code; employees of the Ohio retirement study council,
other than employees who perform purely administrative or clerical
functions; the administrator of workers' compensation and each
member of the bureau of workers' compensation board of directors;
the bureau of workers' compensation director of investments; the
chief investment officer of the bureau of workers' compensation;
all members of the board of commissioners on grievances and
discipline of the supreme court and the ethics commission created
under section 102.05 of the Revised Code; every business manager,
treasurer, or superintendent of a city, local, exempted village,
joint vocational, or cooperative education school district or an
educational service center; every person who is elected to or is a
candidate for the office of member of a board of education of a
city, local, exempted village, joint vocational, or cooperative
education school district or of a governing board of an
educational service center that has a total student count of
twelve thousand or more as most recently determined by the
department of education pursuant to section 3317.03 of the Revised
Code; every person who is appointed to the board of education of a
municipal school district pursuant to division (B) or (F) of
section 3311.71 of the Revised Code; all members of the board of
directors of a sanitary district that is established under Chapter
6115. of the Revised Code and organized wholly for the purpose of
providing a water supply for domestic, municipal, and public use,
and that includes two municipal corporations in two counties;
every public official or employee who is paid a salary or wage in
accordance with schedule C of section 124.15 or schedule E-2 of
section 124.152 of the Revised Code; members of the board of
trustees and the executive director of the southern Ohio
agricultural and community development foundation; all members
appointed to the Ohio livestock care standards board under section
904.02 of the Revised Code; and every other public official or
employee who is designated by the appropriate ethics commission
pursuant to division (B) of this section.
The disclosure statement shall include all of the following:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under which
the person or members of the person's immediate family do
business;
(2)(a) Subject to divisions (A)(2)(b) and (c) of this section
and except as otherwise provided in section 102.022 of the Revised
Code, identification of every source of income, other than income
from a legislative agent identified in division (A)(2)(b) of this
section, received during the preceding calendar year, in the
person's own name or by any other person for the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. If the person filing the statement is a member of the
general assembly, the statement shall identify the amount of every
source of income received in accordance with the following ranges
of amounts: zero or more, but less than one thousand dollars; one
thousand dollars or more, but less than ten thousand dollars; ten
thousand dollars or more, but less than twenty-five thousand
dollars; twenty-five thousand dollars or more, but less than fifty
thousand dollars; fifty thousand dollars or more, but less than
one hundred thousand dollars; and one hundred thousand dollars or
more. Division (A)(2)(a) of this section shall not be construed to
require a person filing the statement who derives income from a
business or profession to disclose the individual items of income
that constitute the gross income of that business or profession,
except for those individual items of income that are attributable
to the person's or, if the income is shared with the person, the
partner's, solicitation of services or goods or performance,
arrangement, or facilitation of services or provision of goods on
behalf of the business or profession of clients, including
corporate clients, who are legislative agents. A person who files
the statement under this section shall disclose the identity of
and the amount of income received from a person who the public
official or employee knows or has reason to know is doing or
seeking to do business of any kind with the public official's or
employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent during the preceding calendar year, in the
person's own name or by any other person for the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. Division (A)(2)(b) of this section requires the
disclosure of clients of attorneys or persons licensed under
section 4732.12 of the Revised Code, or patients of persons
certified under section 4731.14 of the Revised Code, if those
clients or patients are legislative agents. Division (A)(2)(b) of
this section requires a person filing the statement who derives
income from a business or profession to disclose those individual
items of income that constitute the gross income of that business
or profession that are received from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are required
not to reveal, disclose, or use confidences of clients, patients,
or other recipients of professional services except under
specified circumstances or generally are required to maintain
those types of confidences as privileged communications except
under specified circumstances. Division (A)(2)(a) of this section
does not require an attorney, physician, or other professional
subject to a confidentiality requirement as described in division
(A)(2)(c) of this section to disclose the name, other identity, or
address of a client, patient, or other recipient of professional
services if the disclosure would threaten the client, patient, or
other recipient of professional services, would reveal details of
the subject matter for which legal, medical, or professional
advice or other services were sought, or would reveal an otherwise
privileged communication involving the client, patient, or other
recipient of professional services. Division (A)(2)(a) of this
section does not require an attorney, physician, or other
professional subject to a confidentiality requirement as described
in division (A)(2)(c) of this section to disclose in the brief
description of the nature of services required by division
(A)(2)(a) of this section any information pertaining to specific
professional services rendered for a client, patient, or other
recipient of professional services that would reveal details of
the subject matter for which legal, medical, or professional
advice was sought or would reveal an otherwise privileged
communication involving the client, patient, or other recipient of
professional services.
(3) The name of every corporation on file with the secretary
of state that is incorporated in this state or holds a certificate
of compliance authorizing it to do business in this state, trust,
business trust, partnership, or association that transacts
business in this state in which the person filing the statement or
any other person for the person's use and benefit had during the
preceding calendar year an investment of over one thousand dollars
at fair market value as of the thirty-first day of December of the
preceding calendar year, or the date of disposition, whichever is
earlier, or in which the person holds any office or has a
fiduciary relationship, and a description of the nature of the
investment, office, or relationship. Division (A)(3) of this
section does not require disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting business
in the state to whom the person filing the statement owes, in the
person's own name or in the name of any other person, more than
one thousand dollars. Division (A)(5) of this section shall not be
construed to require the disclosure of debts owed by the person
resulting from the ordinary conduct of a business or profession or
debts on the person's residence or real property used primarily
for personal recreation, except that the superintendent of
financial institutions shall disclose the names of all
state-chartered savings and loan associations and of all service
corporations subject to regulation under division (E)(2) of
section 1151.34 of the Revised Code to whom the superintendent in
the superintendent's own name or in the name of any other person
owes any money, and that the superintendent and any deputy
superintendent of banks shall disclose the names of all
state-chartered banks and all bank subsidiary corporations subject
to regulation under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting business
in the state, other than a depository excluded under division
(A)(3) of this section, who owe more than one thousand dollars to
the person filing the statement, either in the person's own name
or to any person for the person's use or benefit. Division (A)(6)
of this section shall not be construed to require the disclosure
of clients of attorneys or persons licensed under section 4732.12
or 4732.15 of the Revised Code, or patients of persons certified
under section 4731.14 of the Revised Code, nor the disclosure of
debts owed to the person resulting from the ordinary conduct of a
business or profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by a
member of the general assembly from a legislative agent, received
by the person in the person's own name or by any other person for
the person's use or benefit during the preceding calendar year,
except gifts received by will or by virtue of section 2105.06 of
the Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles, aunts,
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,
fathers-in-law, mothers-in-law, or any person to whom the person
filing the statement stands in loco parentis, or received by way
of distribution from any inter vivos or testamentary trust
established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the person's
own name or by any other person for the person's use or benefit
and that is incurred in connection with the person's official
duties, except for expenses for travel to meetings or conventions
of a national or state organization to which any state agency,
including, but not limited to, any legislative agency or state
institution of higher education as defined in section 3345.011 of
the Revised Code, pays membership dues, or any political
subdivision or any office or agency of a political subdivision
pays membership dues;
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the person
participated in a panel, seminar, or speaking engagement or at a
meeting or convention of a national or state organization to which
any state agency, including, but not limited to, any legislative
agency or state institution of higher education as defined in
section 3345.011 of the Revised Code, pays membership dues, or any
political subdivision or any office or agency of a political
subdivision pays membership dues, that are incurred in connection
with the person's official duties and that exceed one hundred
dollars aggregated per calendar year;
(10) If the disclosure statement is filed by a public
official or employee described in division (B)(2) of section
101.73 of the Revised Code or division (B)(2) of section 121.63 of
the Revised Code who receives a statement from a legislative
agent, executive agency lobbyist, or employer that contains the
information described in division (F)(2) of section 101.73 of the
Revised Code or division (G)(2) of section 121.63 of the Revised
Code, all of the nondisputed information contained in the
statement delivered to that public official or employee by the
legislative agent, executive agency lobbyist, or employer under
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of
the Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective office
shall file the statement no later than the thirtieth day before
the primary, special, or general election at which the candidacy
is to be voted on, whichever election occurs soonest, except that
a person who is a write-in candidate shall file the statement no
later than the twentieth day before the earliest election at which
the person's candidacy is to be voted on. A person who holds
elective office shall file the statement on or before the
fifteenth day of April of each year unless the person is a
candidate for office. A person who is appointed to fill a vacancy
for an unexpired term in an elective office shall file the
statement within fifteen days after the person qualifies for
office. Other persons shall file an annual statement on or before
the fifteenth day of April or, if appointed or employed after that
date, within ninety days after appointment or employment. No
person shall be required to file with the appropriate ethics
commission more than one statement or pay more than one filing fee
for any one calendar year.
The appropriate ethics commission, for good cause, may extend
for a reasonable time the deadline for filing a statement under
this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative ethics
committee, and the board of commissioners on grievances and
discipline of the supreme court, using the rule-making procedures
of Chapter 119. of the Revised Code, may require any class of
public officials or employees under its jurisdiction and not
specifically excluded by this section whose positions involve a
substantial and material exercise of administrative discretion in
the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city, or
the execution of other public trusts, to file an annual statement
on or before the fifteenth day of April under division (A) of this
section. The appropriate ethics commission shall send the public
officials or employees written notice of the requirement by the
fifteenth day of February of each year the filing is required
unless the public official or employee is appointed after that
date, in which case the notice shall be sent within thirty days
after appointment, and the filing shall be made not later than
ninety days after appointment.
Except for disclosure statements filed by members of the
board of trustees and the executive director of the southern Ohio
agricultural and community development foundation, disclosure
statements filed under this division with the Ohio ethics
commission by members of boards, commissions, or bureaus of the
state for which no compensation is received other than reasonable
and necessary expenses shall be kept confidential. Disclosure
statements filed with the Ohio ethics commission under division
(A) of this section by business managers, treasurers, and
superintendents of city, local, exempted village, joint
vocational, or cooperative education school districts or
educational service centers shall be kept confidential, except
that any person conducting an audit of any such school district or
educational service center pursuant to section 115.56 or Chapter
117. of the Revised Code may examine the disclosure statement of
any business manager, treasurer, or superintendent of that school
district or educational service center. Disclosure statements
filed with the Ohio ethics commission under division (A) of this
section by the individuals set forth in division (B)(2) of section
187.03 of the Revised Code shall be kept confidential. The Ohio
ethics commission shall examine each disclosure statement required
to be kept confidential to determine whether a potential conflict
of interest exists for the person who filed the disclosure
statement. A potential conflict of interest exists if the private
interests of the person, as indicated by the person's disclosure
statement, might interfere with the public interests the person is
required to serve in the exercise of the person's authority and
duties in the person's office or position of employment. If the
commission determines that a potential conflict of interest
exists, it shall notify the person who filed the disclosure
statement and shall make the portions of the disclosure statement
that indicate a potential conflict of interest subject to public
inspection in the same manner as is provided for other disclosure
statements. Any portion of the disclosure statement that the
commission determines does not indicate a potential conflict of
interest shall be kept confidential by the commission and shall
not be made subject to public inspection, except as is necessary
for the enforcement of Chapters 102. and 2921. of the Revised Code
and except as otherwise provided in this division.
(C) No person shall knowingly fail to file, on or before the
applicable filing deadline established under this section, a
statement that is required by this section.
(D) No person shall knowingly file a false statement that is
required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of this
section, the statement required by division (A) or (B) of this
section shall be accompanied by a filing fee of sixty dollars.
(2) The statement required by division (A) of this section
shall be accompanied by the following filing fee to be paid by the
person who is elected or appointed to, or is a candidate for, any
of the following offices:
|
For state office, except member of the |
|
|
|
|
|
state board of education |
|
$95 |
|
|
|
For office of member of general assembly |
|
$40 |
|
|
|
For county office |
|
$60 |
|
|
|
For city office |
|
$35 |
|
|
|
For office of member of the state board |
|
|
|
|
|
of education |
|
$35 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For office of member of a city, local, |
|
|
|
|
|
exempted village, or cooperative |
|
|
|
|
|
education board of |
|
|
|
|
|
education or educational service |
|
|
|
|
|
center governing board |
|
$30 |
|
|
|
For position of business manager, |
|
|
|
|
|
treasurer, or superintendent of a |
|
|
|
|
|
city, local, exempted village, joint |
|
|
|
|
|
vocational, or cooperative education |
|
|
|
|
|
school district or |
|
|
|
|
|
educational service center |
|
$30 |
|
|
(3) No judge of a court of record or candidate for judge of a
court of record, and no referee or magistrate serving a court of
record, shall be required to pay the fee required under division
(E)(1) or (2) or (F) of this section.
(4) For any public official who is appointed to a nonelective
office of the state and for any employee who holds a nonelective
position in a public agency of the state, the state agency that is
the primary employer of the state official or employee shall pay
the fee required under division (E)(1) or (F) of this section.
(F) If a statement required to be filed under this section is
not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee of ten dollars for each day
the statement is not filed, except that the total amount of the
late filing fee shall not exceed two hundred fifty dollars.
(G)(1) The appropriate ethics commission other than the Ohio
ethics commission and the joint legislative ethics committee shall
deposit all fees it receives under divisions (E) and (F) of this
section into the general revenue fund of the state.
(2) The Ohio ethics commission shall deposit all receipts,
including, but not limited to, fees it receives under divisions
(E) and (F) of this section, investigative or other fees, costs,
or other funds it receives as a result of court orders, and all
moneys it receives from settlements under division (G) of section
102.06 of the Revised Code, into the Ohio ethics commission fund,
which is hereby created in the state treasury. All moneys credited
to the fund shall be used solely for expenses related to the
operation and statutory functions of the commission.
(3) The joint legislative ethics committee shall deposit all
receipts it receives from the payment of financial disclosure
statement filing fees under divisions (E) and (F) of this section
into the joint legislative ethics committee investigative fund.
(H) Division (A) of this section does not apply to a person
elected or appointed to the office of precinct, ward, or district
committee member under Chapter 3517. of the Revised Code; a
presidential elector; a delegate to a national convention; village
or township officials and employees; any physician or psychiatrist
who is paid a salary or wage in accordance with schedule C of
section 124.15 or schedule E-2 of section 124.152 of the Revised
Code and whose primary duties do not require the exercise of
administrative discretion; or any member of a board, commission,
or bureau of any county or city who receives less than one
thousand dollars per year for serving in that position.
Sec. 102.022. Each person who is an officer or employee of a
political subdivision, who receives compensation of less than
sixteen thousand dollars a year for holding an office or position
of employment with that political subdivision, and who is required
to file a statement under section 102.02 of the Revised Code; each
member of the board of trustees of a state institution of higher
education as defined in section 3345.011 of the Revised Code who
is required to file a statement under section 102.02 of the
Revised Code; and each individual set forth in division (B)(2) of
section 187.03 of the Revised Code who is required to file a
statement under section 102.02 of the Revised Code, shall include
in that statement, in place of the information required by
divisions (A)(2), (7), (8), and (9) of that section, the following
information:
(A) Exclusive of reasonable expenses, identification of every
source of income over five hundred dollars received during the
preceding calendar year, in the officer's or employee's own name
or by any other person for the officer's or employee's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. This division shall not be construed to require the
disclosure of clients of attorneys or persons licensed under
section 4732.12 or 4732.15 of the Revised Code or patients of
persons certified under section 4731.14 of the Revised Code. This
division shall not be construed to require a person filing the
statement who derives income from a business or profession to
disclose the individual items of income that constitute the gross
income of the business or profession.
(B) The source of each gift of over five hundred dollars
received by the person in the officer's or employee's own name or
by any other person for the officer's or employee's use or benefit
during the preceding calendar year, except gifts received by will
or by virtue of section 2105.06 of the Revised Code, received from
parents, grandparents, children, grandchildren, siblings, nephews,
nieces, uncles, aunts, brothers-in-law, sisters-in-law,
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or
any person to whom the person filing the statement stands in loco
parentis, or received by way of distribution from any inter vivos
or testamentary trust established by a spouse or by an ancestor.
Sec. 102.03. (A)(1) No present or former public official or
employee shall, during public employment or service or for twelve
months thereafter, represent a client or act in a representative
capacity for any person on any matter in which the public official
or employee personally participated as a public official or
employee through decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or other substantial
exercise of administrative discretion.
(2) For twenty-four months after the conclusion of service,
no former commissioner or attorney examiner of the public
utilities commission shall represent a public utility, as defined
in section 4905.02 of the Revised Code, or act in a representative
capacity on behalf of such a utility before any state board,
commission, or agency.
(3) For twenty-four months after the conclusion of employment
or service, no former public official or employee who personally
participated as a public official or employee through decision,
approval, disapproval, recommendation, the rendering of advice,
the development or adoption of solid waste management plans,
investigation, inspection, or other substantial exercise of
administrative discretion under Chapter 343. or 3734. of the
Revised Code shall represent a person who is the owner or operator
of a facility, as defined in section 3734.01 of the Revised Code,
or who is an applicant for a permit or license for a facility
under that chapter, on any matter in which the public official or
employee personally participated as a public official or employee.
(4) For a period of one year after the conclusion of
employment or service as a member or employee of the general
assembly, no former member or employee of the general assembly
shall represent, or act in a representative capacity for, any
person on any matter before the general assembly, any committee of
the general assembly, or the controlling board. Division (A)(4) of
this section does not apply to or affect a person who separates
from service with the general assembly on or before December 31,
1995. As used in division (A)(4) of this section "person" does not
include any state agency or political subdivision of the state.
(5) As used in divisions (A)(1), (2), and (3) of this
section, "matter" includes any case, proceeding, application,
determination, issue, or question, but does not include the
proposal, consideration, or enactment of statutes, rules,
ordinances, resolutions, or charter or constitutional amendments.
As used in division (A)(4) of this section, "matter" includes the
proposal, consideration, or enactment of statutes, resolutions, or
constitutional amendments. As used in division (A) of this
section, "represent" includes any formal or informal appearance
before, or any written or oral communication with, any public
agency on behalf of any person.
(6) Nothing contained in division (A) of this section shall
prohibit, during such period, a former public official or employee
from being retained or employed to represent, assist, or act in a
representative capacity for the public agency by which the public
official or employee was employed or on which the public official
or employee served.
(7) Division (A) of this section shall not be construed to
prohibit the performance of ministerial functions, including, but
not limited to, the filing or amendment of tax returns,
applications for permits and licenses, incorporation papers, and
other similar documents.
(8) Division (A) of this section does not prohibit a
nonelected public official or employee of a state agency, as
defined in section 1.60 of the Revised Code, from becoming a
public official or employee of another state agency. Division (A)
of this section does not prohibit such an official or employee
from representing or acting in a representative capacity for the
official's or employee's new state agency on any matter in which
the public official or employee personally participated as a
public official or employee at the official's or employee's former
state agency. However, no public official or employee of a state
agency shall, during public employment or for twelve months
thereafter, represent or act in a representative capacity for the
official's or employee's new state agency on any audit or
investigation pertaining to the official's or employee's new state
agency in which the public official or employee personally
participated at the official's or employee's former state agency
through decision, approval, disapproval, recommendation, the
rendering of advice, investigation, or other substantial exercise
of administrative discretion.
(9) Division (A) of this section does not prohibit a
nonelected public official or employee of a political subdivision
from becoming a public official or employee of a different
department, division, agency, office, or unit of the same
political subdivision. Division (A) of this section does not
prohibit such an official or employee from representing or acting
in a representative capacity for the official's or employee's new
department, division, agency, office, or unit on any matter in
which the public official or employee personally participated as a
public official or employee at the official's or employee's former
department, division, agency, office, or unit of the same
political subdivision. As used in this division, "political
subdivision" means a county, township, municipal corporation, or
any other body corporate and politic that is responsible for
government activities in a geographic area smaller than that of
the state.
(10) No present or former Ohio casino control commission
official shall, during public service or for two years thereafter,
represent a client, be employed or compensated by a person
regulated by the commission, or act in a representative capacity
for any person on any matter before or concerning the commission.
No present or former commission employee shall, during public
employment or for two years thereafter, represent a client or act
in a representative capacity on any matter in which the employee
personally participated as a commission employee through decision,
approval, disapproval, recommendation, the rendering of advice,
investigation, or other substantial exercise of administrative
discretion.
(B) No present or former public official or employee shall
disclose or use, without appropriate authorization, any
information acquired by the public official or employee in the
course of the public official's or employee's official duties that
is confidential because of statutory provisions, or that has been
clearly designated to the public official or employee as
confidential when that confidential designation is warranted
because of the status of the proceedings or the circumstances
under which the information was received and preserving its
confidentiality is necessary to the proper conduct of government
business.
(C) No public official or employee shall participate within
the scope of duties as a public official or employee, except
through ministerial functions as defined in division (A) of this
section, in any license or rate-making proceeding that directly
affects the license or rates of any person, partnership, trust,
business trust, corporation, or association in which the public
official or employee or immediate family owns or controls more
than five per cent. No public official or employee shall
participate within the scope of duties as a public official or
employee, except through ministerial functions as defined in
division (A) of this section, in any license or rate-making
proceeding that directly affects the license or rates of any
person to whom the public official or employee or immediate
family, or a partnership, trust, business trust, corporation, or
association of which the public official or employee or the public
official's or employee's immediate family owns or controls more
than five per cent, has sold goods or services totaling more than
one thousand dollars during the preceding year, unless the public
official or employee has filed a written statement acknowledging
that sale with the clerk or secretary of the public agency and the
statement is entered in any public record of the agency's
proceedings. This division shall not be construed to require the
disclosure of clients of attorneys or persons licensed under
section 4732.12 or 4732.15 of the Revised Code, or patients of
persons certified under section 4731.14 of the Revised Code.
(D) No public official or employee shall use or authorize the
use of the authority or influence of office or employment to
secure anything of value or the promise or offer of anything of
value that is of such a character as to manifest a substantial and
improper influence upon the public official or employee with
respect to that person's duties.
(E) No public official or employee shall solicit or accept
anything of value that is of such a character as to manifest a
substantial and improper influence upon the public official or
employee with respect to that person's duties.
(F) No person shall promise or give to a public official or
employee anything of value that is of such a character as to
manifest a substantial and improper influence upon the public
official or employee with respect to that person's duties.
(G) In the absence of bribery or another offense under the
Revised Code or a purpose to defraud, contributions made to a
campaign committee, political party, legislative campaign fund,
political action committee, or political contributing entity on
behalf of an elected public officer or other public official or
employee who seeks elective office shall be considered to accrue
ordinarily to the public official or employee for the purposes of
divisions (D), (E), and (F) of this section.
As used in this division, "contributions," "campaign
committee," "political party," "legislative campaign fund,"
"political action committee," and "political contributing entity"
have the same meanings as in section 3517.01 of the Revised Code.
(H)(1) No public official or employee, except for the
president or other chief administrative officer of or a member of
a board of trustees of a state institution of higher education as
defined in section 3345.011 of the Revised Code, who is required
to file a financial disclosure statement under section 102.02 of
the Revised Code shall solicit or accept, and no person shall give
to that public official or employee, an honorarium. Except as
provided in division (H)(2) of this section, this division and
divisions (D), (E), and (F) of this section do not prohibit a
public official or employee who is required to file a financial
disclosure statement under section 102.02 of the Revised Code from
accepting and do not prohibit a person from giving to that public
official or employee the payment of actual travel expenses,
including any expenses incurred in connection with the travel for
lodging, and meals, food, and beverages provided to the public
official or employee at a meeting at which the public official or
employee participates in a panel, seminar, or speaking engagement
or provided to the public official or employee at a meeting or
convention of a national organization to which any state agency,
including, but not limited to, any state legislative agency or
state institution of higher education as defined in section
3345.011 of the Revised Code, pays membership dues. Except as
provided in division (H)(2) of this section, this division and
divisions (D), (E), and (F) of this section do not prohibit a
public official or employee who is not required to file a
financial disclosure statement under section 102.02 of the Revised
Code from accepting and do not prohibit a person from promising or
giving to that public official or employee an honorarium or the
payment of travel, meal, and lodging expenses if the honorarium,
expenses, or both were paid in recognition of demonstrable
business, professional, or esthetic interests of the public
official or employee that exist apart from public office or
employment, including, but not limited to, such a demonstrable
interest in public speaking and were not paid by any person or
other entity, or by any representative or association of those
persons or entities, that is regulated by, doing business with, or
seeking to do business with the department, division, institution,
board, commission, authority, bureau, or other instrumentality of
the governmental entity with which the public official or employee
serves.
(2) No person who is a member of the board of a state
retirement system, a state retirement system investment officer,
or an employee of a state retirement system whose position
involves substantial and material exercise of discretion in the
investment of retirement system funds shall solicit or accept, and
no person shall give to that board member, officer, or employee,
payment of actual travel expenses, including expenses incurred
with the travel for lodging, meals, food, and beverages.
(I) A public official or employee may accept travel, meals,
and lodging or expenses or reimbursement of expenses for travel,
meals, and lodging in connection with conferences, seminars, and
similar events related to official duties if the travel, meals,
and lodging, expenses, or reimbursement is not of such a character
as to manifest a substantial and improper influence upon the
public official or employee with respect to that person's duties.
The house of representatives and senate, in their code of ethics,
and the Ohio ethics commission, under section 111.15 of the
Revised Code, may adopt rules setting standards and conditions for
the furnishing and acceptance of such travel, meals, and lodging,
expenses, or reimbursement.
A person who acts in compliance with this division and any
applicable rules adopted under it, or any applicable, similar
rules adopted by the supreme court governing judicial officers and
employees, does not violate division (D), (E), or (F) of this
section. This division does not preclude any person from seeking
an advisory opinion from the appropriate ethics commission under
section 102.08 of the Revised Code.
(J) For purposes of divisions (D), (E), and (F) of this
section, the membership of a public official or employee in an
organization shall not be considered, in and of itself, to be of
such a character as to manifest a substantial and improper
influence on the public official or employee with respect to that
person's duties. As used in this division, "organization" means a
church or a religious, benevolent, fraternal, or professional
organization that is tax exempt under subsection 501(a) and
described in subsection 501(c)(3), (4), (8), (10), or (19) of the
"Internal Revenue Code of 1986." This division does not apply to a
public official or employee who is an employee of an organization,
serves as a trustee, director, or officer of an organization, or
otherwise holds a fiduciary relationship with an organization.
This division does not allow a public official or employee who is
a member of an organization to participate, formally or
informally, in deliberations, discussions, or voting on a matter
or to use the public official's or employee's official position
with regard to the interests of the organization on the matter if
the public official or employee has assumed a particular
responsibility in the organization with respect to the matter or
if the matter would affect that person's personal, pecuniary
interests.
(K) It is not a violation of this section for a prosecuting
attorney to appoint assistants and employees in accordance with
division (B) of section 309.06 and section 2921.421 of the Revised
Code, for a chief legal officer of a municipal corporation or an
official designated as prosecutor in a municipal corporation to
appoint assistants and employees in accordance with sections
733.621 and 2921.421 of the Revised Code, for a township law
director appointed under section 504.15 of the Revised Code to
appoint assistants and employees in accordance with sections
504.151 and 2921.421 of the Revised Code, or for a coroner to
appoint assistants and employees in accordance with division (B)
of section 313.05 of the Revised Code.
As used in this division, "chief legal officer" has the same
meaning as in section 733.621 of the Revised Code.
(L) No present public official or employee with a casino
gaming regulatory function shall indirectly invest, by way of an
entity the public official or employee has an ownership interest
or control in, or directly invest in a casino operator, management
company, holding company, casino facility, or gaming-related
vendor. No present public official or employee with a casino
gaming regulatory function shall directly or indirectly have a
financial interest in, have an ownership interest in, be the
creditor or hold a debt instrument issued by, or have an interest
in a contractual or service relationship with a casino operator,
management company, holding company, casino facility, or
gaming-related vendor. This section does not prohibit or limit
permitted passive investing by the public official or employee.
As used in this division, "passive investing" means
investment by the public official or employee by means of a mutual
fund in which the public official or employee has no control of
the investments or investment decisions. "Casino operator,"
"holding company," "management company," "casino facility," and
"gaming-related vendor" have the same meanings as in section
3772.01 of the Revised Code.
(M) A member of the Ohio casino control commission, the
executive director of the commission, or an employee of the
commission shall not:
(1) Accept anything of value, including but not limited to a
gift, gratuity, emolument, or employment from a casino operator,
management company, or other person subject to the jurisdiction of
the commission, or from an officer, attorney, agent, or employee
of a casino operator, management company, or other person subject
to the jurisdiction of the commission;
(2) Solicit, suggest, request, or recommend, directly or
indirectly, to a casino operator, management company, or other
person subject to the jurisdiction of the commission, or to an
officer, attorney, agent, or employee of a casino operator,
management company, or other person subject to the jurisdiction of
the commission, the appointment of a person to an office, place,
position, or employment;
(3) Participate in casino gaming or any other amusement or
activity at a casino facility in this state or at an affiliate
gaming facility of a licensed casino operator, wherever located.
In addition to the penalty provided in section 102.99 of the
Revised Code, whoever violates division (M)(1), (2), or (3) of
this section forfeits the individual's office or employment.
Sec. 2152.54. (A) An evaluation of a child who does not
appear to the court to be a person who is at least moderately
intellectually disabled shall be made by an evaluator who is one
of the following:
(1) A professional employed by a psychiatric facility or
center certified by the department of mental health to provide
forensic services and appointed by the director of the facility or
center to conduct the evaluation;
(2) A psychiatrist or a licensed clinical psychologist who
satisfies the criteria of division (I)(1) of section 5122.01 of
the Revised Code and has specialized education, training, or
experience in forensic evaluations of children or adolescents.
(B) An evaluation of a child who appears to the court to be a
person who is at least moderately intellectually disabled shall be
made by a psychiatrist or licensed clinical psychologist who
satisfies the criteria of division (I)(1) of section 5122.01 of
the Revised Code and has specialized education, training, or
experience in forensic evaluations of children or adolescents who
have intellectual disability.
(C) If an evaluation is conducted by an evaluator of the type
described in division (A)(1) or (2) of this section and the
evaluator concludes that the child is a person who is at least
moderately intellectually disabled, the evaluator shall
discontinue the evaluation and notify the court within one
business day after reaching the conclusion. Within two business
days after receiving notification, the court shall order the child
to undergo an evaluation by an evaluator of the type described in
division (B) of this section. Within two business days after the
appointment of the new evaluator, the original evaluator shall
deliver to the new evaluator all information relating to the child
obtained during the original evaluation.
Sec. 2919.271. (A)(1)(a) If a defendant is charged with a
violation of section 2919.27 of the Revised Code or of a municipal
ordinance that is substantially similar to that section, the court
may order an evaluation of the mental condition of the defendant
if the court determines that either of the following criteria
apply:
(i) If the alleged violation is a violation of a protection
order issued or consent agreement approved pursuant to section
2919.26 or 3113.31 of the Revised Code, that the violation
allegedly involves conduct by the defendant that caused physical
harm to the person or property of a family or household member
covered by the order or agreement, or conduct by the defendant
that caused a family or household member to believe that the
defendant would cause physical harm to that member or that
member's property.
(ii) If the alleged violation is a violation of a protection
order issued pursuant to section 2903.213 or 2903.214 of the
Revised Code or a protection order issued by a court of another
state, that the violation allegedly involves conduct by the
defendant that caused physical harm to the person or property of
the person covered by the order, or conduct by the defendant that
caused the person covered by the order to believe that the
defendant would cause physical harm to that person or that
person's property.
(b) If a defendant is charged with a violation of section
2903.211 of the Revised Code or of a municipal ordinance that is
substantially similar to that section, the court may order an
evaluation of the mental condition of the defendant.
(2) An evaluation ordered under division (A)(1) of this
section shall be completed no later than thirty days from the date
the order is entered pursuant to that division. In that order, the
court shall do either of the following:
(a) Order that the evaluation of the mental condition of the
defendant be preceded by an examination conducted either by a
forensic center that is designated by the department of mental
health to conduct examinations and make evaluations of defendants
charged with violations of section 2903.211 or 2919.27 of the
Revised Code or of substantially similar municipal ordinances in
the area in which the court is located, or by any other program or
facility that is designated by the department of mental health or
the department of developmental disabilities to conduct
examinations and make evaluations of defendants charged with
violations of section 2903.211 or 2919.27 of the Revised Code or
of substantially similar municipal ordinances, and that is
operated by either department or is certified by either department
as being in compliance with the standards established under
division (H) of section 5119.01 of the Revised Code or division
(C) of section 5123.04 of the Revised Code.
(b) Designate a center, program, or facility other than one
designated by the department of mental health or the department of
developmental disabilities, as described in division (A)(2)(a) of
this section, to conduct the evaluation and preceding examination
of the mental condition of the defendant.
Whether the court acts pursuant to division (A)(2)(a) or (b)
of this section, the court may designate examiners other than the
personnel of the center, program, facility, or department involved
to make the evaluation and preceding examination of the mental
condition of the defendant.
(B) If the court considers that additional evaluations of the
mental condition of a defendant are necessary following the
evaluation authorized by division (A) of this section, the court
may order up to two additional similar evaluations. These
evaluations shall be completed no later than thirty days from the
date the applicable court order is entered. If more than one
evaluation of the mental condition of the defendant is ordered
under this division, the prosecutor and the defendant may
recommend to the court an examiner whom each prefers to perform
one of the evaluations and preceding examinations.
(C)(1) The court may order a defendant who has been released
on bail to submit to an examination under division (A) or (B) of
this section. The examination shall be conducted either at the
detention facility in which the defendant would have been confined
if the defendant had not been released on bail, or, if so
specified by the center, program, facility, or examiners involved,
at the premises of the center, program, or facility. Additionally,
the examination shall be conducted at the times established by the
examiners involved. If such a defendant refuses to submit to an
examination or a complete examination as required by the court or
the center, program, facility, or examiners involved, the court
may amend the conditions of the bail of the defendant and order
the sheriff to take the defendant into custody and deliver the
defendant to the detention facility in which the defendant would
have been confined if the defendant had not been released on bail,
or, if so specified by the center, program, facility, or examiners
involved, to the premises of the center, program, or facility, for
purposes of the examination.
(2) A defendant who has not been released on bail shall be
examined at the detention facility in which the defendant is
confined or, if so specified by the center, program, facility, or
examiners involved, at the premises of the center, program, or
facility.
(D) The examiner of the mental condition of a defendant under
division (A) or (B) of this section shall file a written report
with the court within thirty days after the entry of an order for
the evaluation of the mental condition of the defendant. The
report shall contain the findings of the examiner; the facts in
reasonable detail on which the findings are based; the opinion of
the examiner as to the mental condition of the defendant; the
opinion of the examiner as to whether the defendant represents a
substantial risk of physical harm to other persons as manifested
by evidence of recent homicidal or other violent behavior,
evidence of recent threats that placed other persons in reasonable
fear of violent behavior and serious physical harm, or evidence of
present dangerousness; and the opinion of the examiner as to the
types of treatment or counseling that the defendant needs. The
court shall provide copies of the report to the prosecutor and
defense counsel.
(E) The costs of any evaluation and preceding examination of
a defendant that is ordered pursuant to division (A) or (B) of
this section shall be taxed as court costs in the criminal case.
(F) If the examiner considers it necessary in order to make
an accurate evaluation of the mental condition of a defendant, an
examiner under division (A) or (B) of this section may request any
family or household member of the defendant to provide the
examiner with information. A family or household member may, but
is not required to, provide information to the examiner upon
receipt of the request.
(G) As used in this section:
(1) "Bail" includes a recognizance.
(2) "Examiner" means a psychiatrist, a licensed independent
social worker who is employed by a forensic center that is
certified as being in compliance with the standards established
under division (H) of section 5119.01 or division (C) of section
5123.04 of the Revised Code, a licensed professional clinical
counselor who is employed at a forensic center that is certified
as being in compliance with such standards, or a licensed clinical
psychologist, except that in order to be an examiner, a licensed
clinical psychologist shall meet the criteria of division (I)(1)
of section 5122.01 of the Revised Code or be employed to conduct
examinations by the department of mental health or by a forensic
center certified as being in compliance with the standards
established under division (H) of section 5119.01 or division (C)
of section 5123.04 of the Revised Code that is designated by the
department of mental health.
(3) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code.
(4) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(5) "Psychiatrist" and "licensed clinical psychologist" have
the same meanings as in section 5122.01 of the Revised Code.
(6) "Protection order issued by a court of another state" has
the same meaning as in section 2919.27 of the Revised Code.
Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of
the Revised Code:
(1) "Prosecutor" means a prosecuting attorney or a city
director of law, village solicitor, or similar chief legal officer
of a municipal corporation who has authority to prosecute a
criminal case that is before the court or the criminal case in
which a defendant in a criminal case has been found incompetent to
stand trial or not guilty by reason of insanity.
(2) "Examiner" means either of the following:
(a) A psychiatrist or a licensed clinical psychologist who
satisfies the criteria of division (I)(1) of section 5122.01 of
the Revised Code or is employed by a certified forensic center
designated by the department of mental health to conduct
examinations or evaluations.
(b) For purposes of a separate mental retardation evaluation
that is ordered by a court pursuant to division (H) of section
2945.371 of the Revised Code, a psychologist designated by the
director of developmental disabilities pursuant to that section to
conduct that separate mental retardation evaluation.
(3) "Nonsecured status" means any unsupervised, off-grounds
movement or trial visit from a hospital or institution, or any
conditional release, that is granted to a person who is found
incompetent to stand trial and is committed pursuant to section
2945.39 of the Revised Code or to a person who is found not guilty
by reason of insanity and is committed pursuant to section 2945.40
of the Revised Code.
(4) "Unsupervised, off-grounds movement" includes only
off-grounds privileges that are unsupervised and that have an
expectation of return to the hospital or institution on a daily
basis.
(5) "Trial visit" means a patient privilege of a longer
stated duration of unsupervised community contact with an
expectation of return to the hospital or institution at designated
times.
(6) "Conditional release" means a commitment status under
which the trial court at any time may revoke a person's
conditional release and order the rehospitalization or
reinstitutionalization of the person as described in division (A)
of section 2945.402 of the Revised Code and pursuant to which a
person who is found incompetent to stand trial or a person who is
found not guilty by reason of insanity lives and receives
treatment in the community for a period of time that does not
exceed the maximum prison term or term of imprisonment that the
person could have received for the offense in question had the
person been convicted of the offense instead of being found
incompetent to stand trial on the charge of the offense or being
found not guilty by reason of insanity relative to the offense.
(7) "Licensed clinical psychologist," "mentally ill person
subject to hospitalization by court order," and "psychiatrist"
have the same meanings as in section 5122.01 of the Revised Code.
(8) "Mentally retarded person subject to institutionalization
by court order" has the same meaning as in section 5123.01 of the
Revised Code.
(B) In a criminal action in a court of common pleas, a county
court, or a municipal court, the court, prosecutor, or defense may
raise the issue of the defendant's competence to stand trial. If
the issue is raised before the trial has commenced, the court
shall hold a hearing on the issue as provided in this section. If
the issue is raised after the trial has commenced, the court shall
hold a hearing on the issue only for good cause shown or on the
court's own motion.
(C) The court shall conduct the hearing required or
authorized under division (B) of this section within thirty days
after the issue is raised, unless the defendant has been referred
for evaluation in which case the court shall conduct the hearing
within ten days after the filing of the report of the evaluation
or, in the case of a defendant who is ordered by the court
pursuant to division (H) of section 2945.371 of the Revised Code
to undergo a separate mental retardation evaluation conducted by a
psychologist designated by the director of developmental
disabilities, within ten days after the filing of the report of
the separate mental retardation evaluation under that division. A
hearing may be continued for good cause.
(D) The defendant shall be represented by counsel at the
hearing conducted under division (C) of this section. If the
defendant is unable to obtain counsel, the court shall appoint
counsel under Chapter 120. of the Revised Code or under the
authority recognized in division (C) of section 120.06, division
(E) of section 120.16, division (E) of section 120.26, or section
2941.51 of the Revised Code before proceeding with the hearing.
(E) The prosecutor and defense counsel may submit evidence on
the issue of the defendant's competence to stand trial. A written
report of the evaluation of the defendant may be admitted into
evidence at the hearing by stipulation, but, if either the
prosecution or defense objects to its admission, the report may be
admitted under sections 2317.36 to 2317.38 of the Revised Code or
any other applicable statute or rule.
(F) The court shall not find a defendant incompetent to stand
trial solely because the defendant is receiving or has received
treatment as a voluntary or involuntary mentally ill patient under
Chapter 5122. or a voluntary or involuntary mentally retarded
resident under Chapter 5123. of the Revised Code or because the
defendant is receiving or has received psychotropic drugs or other
medication, even if the defendant might become incompetent to
stand trial without the drugs or medication.
(G) A defendant is presumed to be competent to stand trial.
If, after a hearing, the court finds by a preponderance of the
evidence that, because of the defendant's present mental
condition, the defendant is incapable of understanding the nature
and objective of the proceedings against the defendant or of
assisting in the defendant's defense, the court shall find the
defendant incompetent to stand trial and shall enter an order
authorized by section 2945.38 of the Revised Code.
(H) Municipal courts shall follow the procedures set forth in
sections 2945.37 to 2945.402 of the Revised Code. Except as
provided in section 2945.371 of the Revised Code, a municipal
court shall not order an evaluation of the defendant's competence
to stand trial or the defendant's mental condition at the time of
the commission of the offense to be conducted at any hospital
operated by the department of mental health. Those evaluations
shall be performed through community resources including, but not
limited to, certified forensic centers, court probation
departments, and community mental health agencies. All expenses of
the evaluations shall be borne by the legislative authority of the
municipal court, as defined in section 1901.03 of the Revised
Code, and shall be taxed as costs in the case. If a defendant is
found incompetent to stand trial or not guilty by reason of
insanity, a municipal court may commit the defendant as provided
in sections 2945.38 to 2945.402 of the Revised Code.
Sec. 4732.01. As used in sections 4732.01 to 4732.25 of the
Revised Code this chapter:
(A) "Psychologist" means any person who holds self out to the
public by any title or description of services incorporating the
words "psychologic," "psychological," "psychologist,"
"psychology," or any other terms that imply the person is trained,
experienced, or an expert in the field of psychology.
(B) "The practice of psychology" means rendering or offering
to render to individuals, groups, organizations, or the public any
service involving the application of psychological procedures to
assessment, diagnosis, prevention, treatment, or amelioration of
psychological problems or emotional or mental disorders of
individuals or groups; or to the assessment or improvement of
psychological adjustment or functioning of individuals or groups,
whether or not there is a diagnosable pre-existing psychological
problem. Practice of psychology includes the practice of school
psychology. For purposes of this chapter, teaching or research
shall not be regarded as the practice of psychology, even when
dealing with psychological subject matter, provided it does not
otherwise involve the professional practice of psychology in which
patient or client an individual's welfare is directly affected by
the application of psychological procedures.
(C) "Psychological procedures" include but are not restricted
to application of principles, methods, or procedures of
understanding, predicting, or influencing behavior, such as the
principles pertaining to learning, conditioning, perception,
motivation, thinking, emotions, or interpersonal relationships;
the methods or procedures of verbal interaction, interviewing,
counseling, behavior modification, environmental manipulation,
group process, psychological psychotherapy, or hypnosis; and the
methods or procedures of administering or interpreting tests of
mental abilities, aptitudes, interests, attitudes, personality
characteristics, emotions, or motivation.
(D) "School psychologist" means any person who holds self out
to the public by any title or description of services
incorporating the words "school psychologist" or "school
psychology," or who holds self out to be trained, experienced, or
an expert in the practice of school psychology.
(E) "Practice of school psychology" means rendering or
offering to render to individuals, groups, organizations, or the
public any of the following services:
(1) Evaluation, diagnosis, or test interpretation limited to
assessment of intellectual ability, learning patterns,
achievement, motivation, behavior, or personality factors directly
related to learning problems in an educational setting;
(2) Counseling Intervention services, including counseling,
for children or adults for amelioration or prevention of
educationally related learning problems, including emotional and
behavioral aspects of such problems;
(3) Educational Psychological, educational, or vocational
consultation or direct educational services. This does not include
industrial consultation or counseling services to clients
undergoing vocational rehabilitation.
(F) "Licensed psychologist" means an individual holding a
current, valid license to practice psychology issued under section
4732.12 or 4732.15 of the Revised Code.
(G) "Licensed school School psychologist licensed by the
state board of psychology" means an individual holding a current,
valid license to practice school psychology issued under section
4732.12 or 4732.15 of the Revised Code.
(H) "Certificated school School psychologist licensed by the
state board of education" means an individual holding a current,
valid school psychologist certificate license issued under
division (M) of rules adopted under section 3319.22 of the Revised
Code.
(I) "Mental health professional" and "mental health service"
have the same meanings as in section 2305.51 of the Revised Code.
(J) "Telepsychology" means the practice of psychology or
school psychology by distance communication technology, including
telephone, electronic mail, internet-based communications, and
video conferencing.
Sec. 4732.02. The governor, with the advice and consent of
the senate, shall appoint a state board of psychology consisting
of nine persons who are citizens of the United States and
residents of this state. Three members shall be patient advocates
who are not mental health professionals and who either are parents
or other relatives of a person who has received or is receiving
mental health services or are representatives of organizations
that represent persons who have received or are receiving mental
health services. At least one patient advocate member shall be a
parent or other relative of a mental health service recipient, and
at least one patient advocate member shall be a representative of
an organization representing mental health service recipients.
Each of the remaining members shall be a licensed psychologist or
a licensed school psychologist licensed by the state board of
psychology. The terms of the licensed psychologist and licensed
school psychologist members that are in effect on the effective
date of this amendment shall continue as under the law in effect
prior to
the effective date of this amendment. Of the patient
advocate members whose positions are created on
the effective date
of this amendment, one shall replace the current member who is not
a psychologist or other health professional at the end of that
member's term, one shall be appointed for a term that ends on
October 5, 2003, and one shall be appointed for a term that ends
on October 5, 2006. Thereafter, terms Terms of office for all
members shall be for five years, commencing on the sixth day of
October and ending on the fifth day of October. Each member shall
hold office from the date of appointment until the end of the term
for which the member was appointed. Any 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 such term. Any member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first. No person shall be appointed
to more than two five-year terms in succession. The licensed
psychologist and licensed school psychologist members of the board
shall be so chosen that they represent the diverse fields of
specialization and practice in the profession of psychology and
the profession of school psychology. The governor may make such
appointments from lists submitted annually by the Ohio
psychological association and by, the Ohio school psychologists
association, and the Ohio association of black psychologists. A
vacancy in an unexpired term shall be filled in the same manner as
the original appointment.
The governor may remove any member for malfeasance,
misfeasance, or nonfeasance after a hearing in accordance with
Chapter 119. of the Revised Code. The governor shall remove, after
a hearing in accordance with Chapter 119. of the Revised Code, any
member who has been convicted of or pleaded guilty to the
commission of a felony offense under any law of this state,
another state, or the United States. No person may be appointed to
the board who has been convicted of or pleaded guilty to a felony
offense under any law of this state, another state, or the United
States.
Sec. 4732.03. The state board of psychology shall organize
within thirty days after its members have been appointed by the
governor. The board shall elect a president and a secretary from
its members to serve for terms of one year. The president and the
secretary may administer oaths. A majority of the board
constitutes a quorum. The secretary shall be compensated for his
necessary expenses incurred in the performance of his official
duties.
Sec. 4732.06. The principal office of the state board of
psychology shall be in Columbus, but it may meet or conduct
business at any place in this state. The board may empower any one
or more of its members to conduct any proceeding, hearing, or
investigation necessary to its purposes. The board shall meet at
least twice annually and at such other times as it determines.
Special meetings may be called by the president and shall be
called by the secretary upon the written request of two members.
The board shall not conduct business by teleconference except as
provided in division (E)(1) of section 4732.17 of the Revised
Code.
The board shall make such rules as are necessary to conduct
its business.
The board may shall employ such an executive director,
investigators, and administrative assistants and clerical help as
are necessary to administer and enforce this chapter.
Sec. 4732.07. The state board of psychology shall keep a
record of its proceedings and a register of applicants for
licenses. The books and records of the board shall be prima-facie
evidence of the matters therein contained.
Such records shall
include applicants' written examination papers.
Sec. 4732.09. Each person who desires to practice psychology
or school psychology shall file with the secretary executive
director of the state board of psychology a written application,
under oath, on a form prescribed by the board.
Sec. 4732.10. (A) The state board of psychology shall
appoint an entrance examiner who shall determine the sufficiency
of an applicant's qualifications for admission to the appropriate
examination. A member of the board or the executive director may
be appointed as the entrance examiner.
(B) Requirements for admission to examination for a
psychologist license shall be that the applicant:
(1) Is at least twenty-one years of age;
(2) Is of good moral character;
(3) Is a citizen of the United States or has legally declared
the intention of becoming such;
(4) Meets one of the following requirements of division
(B)(4)(a), (b), (c), or (d) of this section:
(a) Received an earned doctoral degree from an institution
accredited or recognized by a national or regional accrediting
agency and a program accredited by any of the following:
(i) The American psychological association, office of program
consultation and accreditation;
(ii) The accreditation office of the Canadian psychological
association;
(iii) A program listed by the association of state and
provincial psychology boards/national register designation
committee;
(iv) The national association of school psychologists.
(b) Received from an academic institution outside of the
United States or Canada a degree determined, under rules adopted
by the board under division (E) of this section, to be equivalent
to a doctoral degree in psychology from a program described in
division (B)(4)(3)(a) of this section;
(c) Held a psychologist license, certificate, or registration
required for practice in another United States or Canadian
jurisdiction for a minimum of ten years and meets educational,
experience, and professional requirements established under rules
adopted by the board.
(d) Enrolled, not later than sixty days after the effective
date of this amendment April 7, 2009, in an educational
institution accredited or recognized by national or regional
accrediting agencies as maintaining satisfactory standards and not
later than eight years after the effective date of this amendment
April 7, 2009, received an earned doctoral degree in psychology,
or school psychology, or a doctoral degree deemed equivalent by
the board.
(5)(4) Has had at least two years of supervised professional
experience in psychological work of a type satisfactory to the
board, at least one year of which must be a predoctoral
internship. The
The board shall adopt guidelines for the kind of supervised
professional experience which fulfill the this requirement of
division (B)(5) of this section.
(C) Requirements for admission to examination for a school
psychologist license shall be that the applicant:
(1) Has received from an educational institution accredited
or recognized by national or regional accrediting agencies as
maintaining satisfactory standards, including those approved by
the state board of education for the training of school
psychologists, at least a master's degree in school psychology, or
a degree considered equivalent by the board;
(2) Is at least twenty-one years of age;
(3) Is of good moral character;
(4) Is a citizen of the United States or has legally declared
the intention of becoming such;
(5) Has completed at least sixty quarter hours, or the
semester hours equivalent, at the graduate level, of accredited
study in course work relevant to the study of school psychology;
(6)(5) Has completed an internship in an educational
institution approved by the Ohio department of education for
school psychology supervised experience or one year of other
training experience acceptable to the board, such as supervised
professional experience under the direction of a licensed
psychologist or licensed school psychologist;
(7)(6) Furnishes proof of at least twenty-seven months,
exclusive of internship, of full-time experience as a certificated
school psychologist employed by a board of education or a private
school meeting the standards prescribed by the state board of
education, or of experience which the board deems equivalent.
(D) If the entrance examiner finds that the applicant meets
the requirements set forth in this section, the applicant shall be
admitted to the appropriate examination.
(E) The board shall adopt under Chapter 119. of the Revised
Code rules for determining for the purposes of division
(B)(4)(3)(b) of this section whether a degree is equivalent to a
degree in psychology from an institution in the United States.
Sec. 4732.11. License examinations shall be conducted under
rules prescribed by the state board of psychology. (A)(1) Each
applicant shall be examined for knowledge in whatever theoretical
or applied fields of psychology the board considers appropriate.
The examination for the school psychologist license shall be
prepared and administered by a for a license to practice as a
psychologist shall be required to earn a score acceptable to the
state board of psychology on an examination selected by the board.
The applicant shall follow all necessary procedures and pay all
necessary fees for the examination. An applicant who fails to earn
a score acceptable to the board may be admitted to a subsequent
examination no less than thirty days after the initial
examination. After failing to earn a passing score three
consecutive times, an applicant may not be admitted to the
examination for a period of six months following the third
examination attempt. An applicant who fails to achieve an
acceptable score in nine attempts is not eligible for additional
admissions to the examination, and the application shall be
permanently closed.
An applicant who achieves an acceptable score on the
examination selected by the board as a candidate in another state
or Canadian province before or after submitting an application to
the board must cause the score to be submitted directly to the
board's executive director.
(2) The board may also require that an applicant for a
license to practice as a psychologist earn a passing score on an
examination that covers one or more of the following:
(a) Chapter 4732. of the Revised Code;
(b) Rules promulgated under Chapter 4732. of the Revised
Code;
(c) Related provisions of the Revised Code;
(d) Professional ethical principles;
(e) Professional standards of care.
The examination may be administered orally or in writing in
accordance with rules adopted by the board.
(B)(1) Each applicant for a license to practice as a school
psychologist licensed by the state board of psychology shall be
required to earn a score acceptable to the board on an examination
selected by the board. The applicant shall follow all necessary
procedures and pay all necessary fees for the examination.
(2) The board may also require that an applicant for a
license to practice as a school psychologist licensed by the state
board of psychology earn a passing score on an examination that
covers one or more of the following:
(a) Chapter 4732. of the Revised Code;
(b) Rules promulgated under Chapter 4732. of the Revised
Code;
(c) Related provisions of the Revised Code;
(d) Professional ethical principles;
(e) Professional standards of care.
The examination may be administered orally or in writing in
accordance with rules adopted by the board.
(C) The board may establish procedures designed to expose
applicants to the subject matter of the examinations described in
divisions (A)(2) and (B)(2) of this section.
(D) The board shall appoint a school psychology licensing
examination committee responsible to the board and consisting. The
committee shall consist of five
licensed school psychologists or
licensed psychologists who shall be certificated school
psychologists each of whom holds either of the following:
(1) A school psychologist license issued under this chapter;
(2) A psychologist license issued under this chapter and a
certificate or license issued by the state board of education.
Committee members shall be appointed by the state board
of
psychology for staggered five-year terms, according to rules
adopted by the that board. The board may delegate to the committee
authority to develop the examination described in division (B)(2)
of this section and any procedures to be established under
division (C) of this section.
Examinations shall be given at least twice annually at such
time and place and under such supervision as the board prescribes.
Except as provided in section 4732.16 of the Revised Code, each
applicant shall pay an application and license fee established by
the board of not less than seventy-five nor more than one hundred
fifty dollars, no part of which shall be returned. If an applicant
fails an examination, he may be admitted, after no less than six
months, to a subsequent examination upon payment of an additional
fee as established by the board. After failing three examinations,
a person is not eligible for licensure until he completes such
additional training as the board prescribes.
Sec. 4732.12. The state board of psychology shall grade
examinations conducted under section 4732.11 of the Revised Code
and uniformly apply such standards as it considers appropriate in
determining the level of competence necessary for a passing score.
The level of competence necessary for a passing score for the
school psychologist examination shall be determined by the school
psychology examining committee. If an applicant passes for a
license issued by the state board of psychology to practice as a
psychologist or school psychologist receives a score acceptable to
the board on the appropriate examination required by section
4732.11 of the Revised Code and has paid the
required fee required
by section 4732.15 of the Revised Code, the board shall issue the
appropriate license.
Sec. 4732.13. A license issued by the state board of
psychology shall remain
in effect active until it expires pursuant
to section 4732.14 of the Revised Code, or is suspended or,
revoked, or placed in retired status. A current, valid An active
psychologist license shall entitle the holder to practice
psychology. A current, valid An active school psychologist license
shall entitle the holder to practice school psychology.
Sec. 4732.14. (A) On or before the thirty-first day of
August of each even-numbered year, each person licensed who holds
an active license issued by the state board of psychology shall
register with the board on a form in a format and manner
prescribed by the board, giving the person's name, address,
license number, the continuing education information required by
section 4732.141 of the Revised Code, and such other reasonable
information as the board requires, and. The person shall pay to
the board secretary a biennial registration fee in an amount
determined by the board, but not to exceed two, as follows:
(1) From the effective date of this amendment through June
30, 2014, three hundred seventy-five fifty dollars in fiscal year
2000 and;
(2) From July 1, 2014, through June 30, 2018, three hundred
fifty sixty dollars in each fiscal year thereafter;
(3) July 1, 2018, and thereafter three hundred sixty-five
dollars. A
A person licensed for the first time on or before the
thirty-first thirtieth day of August September of an even-numbered
year shall next be required to register on or before the
thirty-first thirtieth day of August September of the next
even-numbered year.
(B) Before the first day of August of each even-numbered
year, the secretary board shall send a notice to each licensed
psychologist and licensed school psychologist license holder,
whether a resident or not, at the licensed psychologist's or
licensed school psychologist's license holder's last known
provided official mailing address, that the licensed
psychologist's or licensed school psychologist's license holder's
continuing education compliance must be completed on or before the
last day of August and the biennial registration form and fee are
due on or before the last day of August September. Before the
fifteenth day of September of such years, the secretary shall send
a second notice to each such person who has not paid the
registration fee or registered with the board as required by this
section. A license of any licensed psychologist or licensed school
psychologist license holder shall automatically be suspended
expire if the biennial registration fee is not paid or the
registration form is not any of the following are not received on
or before the thirtieth day of September of a renewal year.
Within:
(1) The biennial registration fee;
(2) The registration form;
(3) A report of compliance with continuing education
requirements.
Within five years thereafter, the board may reinstate any
expired license so suspended upon payment of the current
registration fee and a penalty fee established by the board, not
to exceed two hundred fifty dollars, as determined by the board,
and receipt of the registration form completed by the registrant
in accordance with this section and section 4732.141 of the
Revised Code or in accordance with any modifications authorized by
the board under division (F) of section 4732.141 of the Revised
Code. The
The board may by rule waive the payment of the registration
fee and completion of the continuing psychology education required
by section 4732.141 of the Revised Code by a licensed psychologist
or licensed school psychologist license holder when the licensed
psychologist or licensed school psychologist license holder is on
active duty in the armed forces of the United States.
An individual who has had a license placed on retired status
under section 4732.142 of the Revised Code may seek reinstatement
of the license in accordance with rules adopted by the board.
(C) Each licensed psychologist and licensed school
psychologist
license holder shall notify the secretary executive
director of any change in the licensed psychologist's or licensed
school psychologist's license holder's official mailing address,
office address, or employment within ninety sixty days of such
change.
Sec. 4732.141. (A)(1) On or before the thirty-first day of
August of each even-numbered year beginning in 1998 and until the
requirement set forth in division (A)(2) of this section applies,
each person licensed under this chapter by the state board of
psychology shall have completed, in the preceding two-year period,
not less than twenty hours of continuing education in psychology
or the number of hours determined under division (D) of this
section.
(2) On Except as provided in division (D) of this section, on
or before the thirty-first day of August of each even-numbered
year after the biennium in which this amendment takes effect, each
person licensed under this chapter who holds a license issued by
the state board of psychology shall have completed, in the
preceding two-year period, not less than twenty-three hours of
continuing education in psychology, including not less than three
four hours of continuing education in professional conduct and
ethics, or the number of hours determined under division (D) of
this section one or more of the following:
(a) Professional conduct;
(c) The role of culture, ethnic identity, or both in the
provision of psychological assessment, consultation, or
psychological interventions, or a combination thereof.
(3)(2) Each person subject to division (A)(1) or (2) of this
section license holder shall certify to the board, at the time of
biennial registration pursuant to section 4732.14 of the Revised
Code and on the registration form prescribed by the board under
that section, that in the preceding two years the person license
holder has completed continuing psychology education in compliance
with this section. The board shall adopt rules establishing the
procedure for a
person license holder to certify to the board and
for properly recording with the Ohio psychological association or
the state board of education Ohio school psychologists association
completion of the continuing education.
(B) Continuing psychology education may be applied to meet
the requirement of division (A) of this section if both of the
following requirements are met:
(1) It is obtained through a program or course approved by
the state board of psychology, the Ohio psychological association,
the Ohio association of black psychologists, or the American
psychological association or, in the case of a licensed school
psychologist who holds a license issued under this chapter or a
licensed psychologist with a school psychology specialty, by the
state board of education, the Ohio school psychologists
association, or the national association of school psychologists;
(2) Completion of the program or course is recorded with the
Ohio psychological association or the state board of education
Ohio school psychologists association in accordance with rules
adopted by the state board of psychology in accordance with
division (A) of this section.
The state board of psychology may disapprove any program or
course that has been approved by the Ohio psychological
association, Ohio association of black psychologists, American
psychological association, state board of education, Ohio school
psychologists association, or national association of school
psychologists. Such program or course may not be applied to meet
the requirement of division (A) of this section.
(C) Each person licensed under this chapter license holder
shall be given a sufficient choice of continuing education
programs or courses in psychology, including programs or courses
on professional conduct and ethics when required under division
(A)(2) of this section, to ensure that the person license holder
has had a reasonable opportunity to participate in programs or
courses that are relevant to the
person's license holder's
practice in terms of subject matter and level.
(D) The board shall adopt rules providing for reductions of
the hours of continuing psychology education required by this
section for persons license holders in their first registration
period.
(E) Each person licensed under this chapter license holder
shall retain in the person's license holder's records for at least
three years the receipts, vouchers, or certificates necessary to
document completion of continuing psychology education. Proof of
continuing psychology education recorded with the Ohio
psychological association or the
state board of education Ohio
school psychologists association in accordance with the procedures
established pursuant to division (A) of this section shall serve
as sufficient documentation of completion. With cause, the board
may request the documentation from the person. The board also may
request the documentation from persons licensed under this chapter
selected at random, without cause license holder. The board may
review any continuing psychology education records recorded by the
Ohio psychological association or the state board of education
Ohio school psychologists association.
(F) The board may excuse persons licensed under this chapter
license holders, as a group or as individuals, from all or any
part of the requirements of this section because of an unusual
circumstance, emergency, or special hardship.
(G) The state board of psychology shall approve one or more
continuing education courses of study that assist psychologists
and school psychologists in recognizing the signs of domestic
violence and its relationship to child abuse. Psychologists and
school psychologists are not required to take the courses.
(H) The board may require a license holder to evidence
completion of specific continuing education coursework as part of
the process of registering or continuing to register a person
working under the license holder's supervision under division (B)
of section 4732.22 of the Revised Code and conducting
psychological or psychological work or training supervision.
Procedures for the completion, verification, and documentation of
such continuing education shall be specified in rules adopted by
the board. A license holder completing this continuing education
may receive credit toward the four-hour requirement in division
(A)(1) of this section during the next continuing education period
following the completion of this continuing education.
Sec. 4732.142. (A) The holder of a license issued under this
chapter who retires from the practice of psychology or school
psychology may request during the biennial license registration
process that the license holder's license be placed in "licensed
psychologist-retired" or "licensed school psychologist-retired"
status. Once the license is placed in retired status, the license
holder shall not practice psychology or school psychology in this
state. A license holder selecting this status shall pay to the
board a fee of fifty dollars.
(B) Procedures for reinstating a retired license shall be
established in rules adopted by the state board of psychology.
Sec. 4732.16 4732.15. Each applicant under section 4732.15
of the Revised Code for a license to be issued under this chapter
shall pay a fee established by the state board of psychology of
not less than seventy-five nor more than one of three hundred
fifty dollars, no part of which shall be returned. An applicant
who is denied licensure under section 4732.15 of the Revised Code
may apply for licensure under section 4732.10 of the Revised Code
within one year from the date of the denial and upon payment of a
fee not to exceed twenty-five dollars.
Sec. 4732.151. The state board of psychology shall charge a
fee of forty dollars to a license holder for the written
verification of licensure status, including verification of the
date of licensure, the presence or absence of a history of
disciplinary action, and the expiration date of the license.
Sec. 4732.16. (A) The state board of psychology shall
investigate alleged violations of this chapter or the rules
adopted under it. Each investigation shall be assigned by the
executive director or designated investigator to one of the
members of the board who shall serve as the supervising member of
the investigation.
As part of its conduct of investigations, the board may
examine witnesses, administer oaths, and issue subpoenas, except
that the board may not compel the attendance of the respondent in
an investigation. A subpoena for patient record information may be
issued only if the supervising member, executive director,
secretary, and an attorney from the office of the attorney general
determine that there is probable cause to believe that the
complaint alleges a violation of this chapter and that the records
sought are relevant to the alleged violation and material to the
investigation. No member of the board who supervises the
investigation or approves the issuance of a subpoena for patient
records shall participate in further adjudication of the case. The
subpoena may apply only to records that cover a reasonable period
of time surrounding the alleged violation. On failure of a person
to comply with a subpoena issued by the board and after reasonable
notice to that person, the board may move for an order compelling
the production of records or persons pursuant to the Rules of
Civil Procedure.
A subpoena issued by the board may be served by a sheriff,
the sheriff's deputy, or a board employee designated by the board.
Service of a subpoena issued by the board may be made by
delivering a copy of the subpoena to the person named in the
subpoena, reading it to the person, or leaving it at the person's
usual place of residence. When the person being served is a person
whose practice is authorized by this chapter, service of the
subpoena may be made by certified mail, return receipt requested,
and the subpoena shall be deemed served on the date delivery is
made or the date the person refuses to accept delivery.
A sheriff's deputy who serves a subpoena shall receive the
same fees as a sheriff. Each witness who appears before the board
in obedience to a subpoena shall receive the fees and mileage
provided for witnesses under section 119.094 of the Revised Code.
(B)(1) The board shall conduct all investigations and
proceedings in a manner that protects the confidentiality of
patients and persons who file complaints with the board. The board
shall not make public the names or any other identifying
information about patients or complainants unless proper consent
is given or, in the case of a patient, the patient privilege has
been waived by the patient. Information received by the board
pursuant to an investigation is confidential and not subject to
discovery in any civil action.
(2) The board may share any information it receives pursuant
to an investigation, including patient records and patient record
information, with law enforcement agencies, other licensing
boards, and other government agencies that are prosecuting,
adjudicating, or investigating alleged violations of statutes or
administrative rules. An agency or board that receives the
information shall comply with the same requirements regarding
confidentiality as the board must comply with under division
(B)(1) of this section, notwithstanding any conflicting provision
of the Revised Code or procedure of the agency or board that
applies when it is dealing with other information in its
possession.
(3) In a judicial proceeding, any information the board
receives pursuant to an investigation may be admitted into
evidence only in accordance with the Ohio Rules of Evidence, but
the court shall require that appropriate measures be taken to
ensure that confidentiality is maintained with respect to any part
of the information that contains names or other identifying
information about patients or complainants whose confidentiality
was protected by the board when the information was in the board's
possession. Measures to ensure confidentiality that may be taken
by the court include sealing its records or deleting specific
information from its records.
Sec. 4732.17. (A) The Subject to division (F) of this
section, the state board of psychology may refuse to issue a
license to any applicant, may issue a reprimand, or suspend or
revoke the license of any licensed psychologist or licensed school
psychologist, take any of the actions specified in division (C) of
this section against an applicant for or a person who holds a
license issued under this chapter on any of the following grounds
as applicable:
(1) Conviction, including a plea of guilty or no contest, of
a felony, or of any offense involving moral turpitude, in a court
of this or any other state or in a federal court;
(2) A judicial finding of eligibility for intervention in
lieu of conviction for a felony or any offense involving moral
turpitude in a court of this or any other state or in a federal
court;
(3) Using fraud or deceit in the procurement of the license
to practice psychology or school psychology or knowingly assisting
another in the procurement of such a license through fraud or
deceit;
(3)(4) Accepting commissions or rebates or other forms of
remuneration for referring persons to other professionals;
(4)(5) Willful, unauthorized communication of information
received in professional confidence;
(5)(6) Being negligent in the practice of psychology or
school psychology;
(6) Using any controlled substance or alcoholic beverage to
an extent that such use impairs the person's ability to perform
the work of a psychologist or school psychologist with safety to
the public (7) Inability to practice according to acceptable and
prevailing standards of care by reason of a mental, emotional,
physiological, or pharmacological condition or substance abuse;
(7)(8) Subject to section 4732.28 of the Revised Code,
violating any rule of professional conduct promulgated by the
board;
(8)(9) Practicing in an area of psychology for which the
person is clearly untrained or incompetent;
(9)(10) An adjudication by a court, as provided in section
5122.301 of the Revised Code, that the person is incompetent for
the purpose of holding the license. Such person may have the
person's license issued or restored only upon determination by a
court that the person is competent for the purpose of holding the
license and upon the decision by the board that such license be
issued or restored. The board may require an examination prior to
such issuance or restoration.
(10)(11) Waiving the payment of all or any part of a
deductible or copayment that a patient, pursuant to a health
insurance or health care policy, contract, or plan that covers
psychological services, would otherwise be required to pay if the
waiver is used as an enticement to a patient or group of patients
to receive health care services from that provider;
(11)(12) Advertising that the person will waive the payment
of all or any part of a deductible or copayment that a patient,
pursuant to a health insurance or health care policy, contract, or
plan that covers psychological services, would otherwise be
required to pay;
(12) (13) Any of the following actions taken by the agency
responsible for authorizing or certifying the person to practice
or regulating the person's practice of a health care occupation or
provision of health care services in this state or another
jurisdiction, as evidenced by a certified copy of that agency's
records and findings for any reason other than the nonpayment of
fees:
(a) Limitation, revocation, or suspension of the person's
license to practice;
(b) Acceptance of the person's license surrender;
(c) Denial of a license to the person;
(d) Refuse to renew or reinstate the person's license;
(e) Imposition of probation on the person;
(f) Issuance of an order of censure or other reprimand
against the person;
(g) Other negative action or finding against the person about
which information is available to the public.
(14) Offering or rendering psychological services after a
license issued under this chapter has expired due to a failure to
timely register under section 4732.14 of the Revised Code or
complete continuing education requirements;
(15) Offering or rendering psychological services after a
license issued under this chapter has been placed in retired
status pursuant to section 4732.142 of the Revised Code;
(16) Unless the person is a school psychologist licensed by
the state board of education:
(a) Offering or rendering school psychological services after
a license issued under this chapter has expired due to a failure
to timely register under section 4732.14 of the Revised Code or
complete continuing education requirements;
(b) Offering or rendering school psychological services after
a license issued under this chapter has been placed in retired
status pursuant to section 4732.142 of the Revised Code.
(17) Violating any adjudication order or consent agreement
adopted by the board;
(18) Failure to submit to mental, cognitive, substance abuse,
or medical evaluations, or a combination of these evaluations,
ordered by the board under division (E) of this section.
(B) Notwithstanding division divisions (A)(10)(11) and
(11)(12) of this section, sanctions shall not be imposed against
any licensee
license holder who waives deductibles and
copayments:
(a)(1) In compliance with the health benefit plan that
expressly allows such a practice. Waiver of the deductibles or
copays shall be made only with the full knowledge and consent of
the plan purchaser, payer, and third-party administrator. Such
consent shall be made available to the board upon request.
(b)(2) For professional services rendered to any other person
licensed pursuant to this chapter to the extent allowed by this
chapter and the rules of the board.
(C) For any of the reasons specified in division (A) of this
section, the board may do one or more of the following:
(1) Refuse to issue a license to an applicant;
(2) Issue a reprimand to a license holder;
(3) Suspend the license of a license holder;
(4) Revoke the license of a license holder;
(5) Limit or restrict the areas of practice of an applicant
or a license holder;
(6) Require mental, substance abuse, or physical evaluations,
or any combination of these evaluations, of an applicant or a
license holder;
(7) Require remedial education and training of an applicant
or a license holder.
(D) When it revokes the license of a license holder under
division (C)(4) of this section, the board may specify that the
revocation is permanent. An individual subject to permanent
revocation is forever thereafter ineligible to hold a license, and
the board shall not accept an application for reinstatement of the
license or issuance of a new license.
(E) When the board issues a notice of opportunity for a
hearing on the basis of division (A)(7) of this section, the
supervising member of the board, with cause and upon consultation
with the board's executive director and the board's legal counsel,
may compel the applicant or license holder to submit to mental,
cognitive, substance abuse, or medical evaluations, or a
combination of these evaluations, by a person or persons selected
by the board. Notice shall be given to the applicant or license
holder in writing signed by the supervising member, the executive
director, and the board's legal counsel. The applicant or license
holder is deemed to have given consent to submit to these
evaluations and to have waived all objections to the admissibility
of testimony or evaluation reports that constitute a privileged
communication. The expense of the evaluation or evaluations shall
be the responsibility of the applicant or license holder who is
evaluated.
(B) Except as provided in section 4732.171 of the Revised
Code, before (F) Before the board may deny, suspend, or revoke a
license take action under this section, or otherwise discipline
the holder of a license, written charges shall be filed with the
board by the secretary and a hearing shall be had thereon in
accordance with Chapter 119. of the Revised Code, except as
follows:
(1) On receipt of a complaint that any of the grounds listed
in division (A) of this section exist, the state board of
psychology may suspend a license issued under this chapter prior
to holding a hearing in accordance with Chapter 119. of the
Revised Code if it determines, based on the complaint, that there
is an immediate threat to the public. A telephone conference call
may be used to conduct an emergency meeting for review of the
matter by a quorum of the board, taking the vote, and
memorializing the action in the minutes of the meeting.
After suspending a license pursuant to division (F)(1) of
this section, the board shall notify the license holder of the
suspension in accordance with section 119.07 of the Revised Code.
If the individual whose license is suspended fails to make a
timely request for an adjudication under Chapter 119. of the
Revised Code, the board shall enter a final order permanently
revoking the license.
(2) The board shall adopt rules establishing a case
management schedule for pre-hearing procedures by the hearing
examiner or presiding board member. The schedule shall include
applicable deadlines related to the hearing process, including all
of the following:
(a) The date of the hearing;
(b) The date for the disclosure of witnesses and exhibits;
(c) The date for the disclosure of the identity of expert
witnesses and the exchange of written reports;
(d) The deadline for submitting a request for the issuance of
a subpoena for the hearing as provided under Chapter 119. of the
Revised Code and division (F)(4) of this section.
(3) Either party to the hearing may submit a written request
to the other party for a list of witnesses and copies of documents
intended to be introduced at the hearing. The request shall be in
writing and shall be served not less than thirty-seven days prior
to the hearing, unless the hearing officer or presiding board
member grants an extension of time to make the request. Not later
than thirty days before the hearing, the responding party shall
provide the requested list of witnesses, summary of their
testimony, and copies of documents to the requesting party, unless
the hearing officer or presiding board member grants an extension.
Failure to timely provide a list or copies requested in accordance
with this section may, at the discretion of the hearing officer or
presiding board member, result in exclusion from the hearing of
the witnesses, testimony, or documents.
(4) In addition to subpoenas for the production of books,
records, and papers requested under Chapter 119. of the Revised
Code, either party may ask the board to issue a subpoena for the
production of other tangible items.
The person subject to a subpoena for the production of books,
records, papers, or other tangible items shall respond to the
subpoena at least twenty days prior to the date of the hearing. If
a person fails to respond to a subpoena issued by the board, after
providing reasonable notice to the person, the board, the hearing
officer, or both may proceed with enforcement of the subpoena
pursuant to section 119.09 of the Revised Code.
Sec. 4732.172 4732.171. (A) Except as provided in division
(B) of this section, if, at the conclusion of a hearing required
by section 4732.17 of the Revised Code, the state board of
psychology determines that a licensed psychologist or licensed
school psychologist licensed by the state board of psychology has
engaged in sexual conduct or had sexual contact with the licensed
psychologist's or licensed school psychologist's license holder's
patient or client in violation of any prohibition contained in
Chapter 2907. of the Revised Code, the board shall do one of the
following:
(1) Suspend the licensed psychologist's or licensed school
psychologist's license holder's license;
(2) Permanently revoke the licensed psychologist's or
licensed school psychologist's license holder's license.
(B) If it determines at the conclusion of the hearing that
neither of the sanctions described in division (A) of this section
is appropriate, the board shall impose another sanction it
considers appropriate and issue a written finding setting forth
the reasons for the sanction imposed and the reason that neither
of the sanctions described in division (A) of this section is
appropriate.
Sec. 4732.173 4732.172. Any finding made, and the record of
any sanction imposed, by the state board of psychology under
section 4732.17, or 4732.171, or 4732.172 of the Revised Code is a
public record under section 149.43 of the Revised Code.
Sec. 4732.173. (A) The board may approve or establish a
colleague assistance program for the purpose of affording holders
of licenses issued under this chapter, license applicants, and
persons registered pursuant to division (B) of section 4731.22 of
the Revised Code access to all of the following:
(1) Resources concerning the prevention of distress;
(2) Evaluation and intervention services concerning mental,
emotional, substance use, and other conditions that may impair
competence, objectivity, and judgment in the provision of
psychological or school psychological services;
(3) Consultation and mentoring services for practice
oversight and remediation of professional skill deficits.
The board may compel a license holder, applicant, or
registered person to participate in the program in conjunction
with the board's actions under section 4732.17 of the Revised
Code.
(B) If a program is approved or established, the board shall
adopt rules specifying the circumstances under which self-referred
participants may receive confidential services from the program.
Sec. 4732.18. At any time after the suspension or revocation
of a license, the state board of psychology may restore the
license upon the written finding by the board that circumstances
so warrant. The At the time it restores a license, the board may
impose restrictions and limitations on the practice of the license
holder.
The board may require a person seeking restoration of a
license to submit to mental, substance abuse, cognitive, or
physical evaluations, or a combination of these evaluations.
Evaluations shall be conducted by qualified individuals selected
by the board. The costs of any evaluative processes shall be paid
by the applicant for restoration. A person requesting restoration
of a license is deemed to have given consent to submit to a mental
or physical examination when directed to do so in writing by the
board and to have waived all objections to the admissibility of
testimony or examination reports that constitute a privileged
communication.
As a further condition of license restoration, the board may
require an examination of the applicant before such restoration
to do both of the following:
(A) Take the examination selected by the board under section
4732.11 of the Revised Code and receive a score acceptable to the
board;
(B) Participate in board processes designed to expose the
applicant to Chapter 4732. of the Revised Code and rules
promulgated thereunder, which may include passing a written or
oral examination on the Ohio laws and rules governing
psychologists and school psychologists.
Sec. 4732.21. (A) On and after December 1, 1972, no Except
as provided in section 4732.22 of the Revised Code:
(A) No person who is not a licensed psychologist shall offer
or render services as a psychologist or otherwise engage in the
practice of psychology for a compensation or other personal gain.
(B) On and after December 1, 1972, no No person who is not a
licensed psychologist or, a school psychologist licensed by the
state board of psychology, or a school psychologist licensed by
the state board of education shall offer or render services as a
school psychologist or otherwise engage in the practice of school
psychology for a compensation or other personal gain.
Sec. 4732.22. (A) The following persons are exempted from
the licensing requirements of this chapter:
(A)(1) A certificated person who holds a license or
certificate issued by the state board of education authorizing the
practice of school psychologist psychology, while practicing
school psychology within the scope of his employment by a board of
education or by a private school meeting the standards prescribed
by the state board of education under division (D) of section
3301.07 of the Revised Code, or while acting as a school
psychologist within the scope of his employment in a program for
trainable mentally retarded children with disabilities established
under Chapter 3323. or 5126. of the Revised Code. A person
exempted under this division shall not offer psychological
services to any other individual, organization, or group for
remuneration, monetary or otherwise, unless he the person is
licensed by the state board of psychology.
(B)(2) Any nonresident temporarily employed in this state to
render psychological services for not more than thirty days a
year, who, in the opinion of the board, meets the standards for
entrance in division (B) of section 4732.10 of the Revised Code,
who has paid the required fee and submitted an application
prescribed by the board, and who holds whatever license or
certificate, if any, is required for such practice in his the
person's home state or home country.
(C)(3) Any person employed by working under the supervision
of a licensed psychologist or
licensed school psychologist
licensed under this chapter, while carrying out specific tasks,
under the licensee's license holder's supervision, as an extension
of the
licensee's license holder's legal and ethical authority as
specified under this chapter if the person is registered under
division (B) of this section. All fees shall be billed under the
name of the
licensee, and the employee license holder. The person
working under the license holder's supervision shall not represent
himself self to the public as a psychologist or school
psychologist, although supervised persons and persons in training
may be ascribed such titles as "psychology trainee," "psychology
assistant," "psychology intern," or other appropriate term that
clearly implies their supervised or training status.
(D) Unlicensed persons holding a master's degree or doctoral
degree in psychology from a program approved by the board while
working under the supervision of a licensed psychologist. The
board shall establish rules governing such supervisory
relationship which shall include a regulation requiring
registration with the board of such unlicensed person.
(E)(4) Any student in an accredited educational institution,
while carrying out activities that are part of his the student's
prescribed course of study, provided such activities are
supervised by a professional person who is qualified to perform
such activities and is licensed under this chapter or is exempted
under division (F) or (G) of this section or division (B) or (D)
of section 4732.23 of the Revised Code. Such student shall hold
himself out to the public only by clearly indicating his student
status and the profession in which he is being trained.
(F) Duly ordained ministers while functioning in their
ministerial capacity;
(G) Qualified social workers while functioning in their
capacity as social workers a qualified supervisor pursuant to
rules of the board;
(5) Recognized religious officials, including ministers,
priests, rabbis, imams, Christian science practitioners, and other
persons recognized by the board, conducting counseling when the
counseling activities are within the scope of the performance of
their regular duties and are performed under the auspices or
sponsorship of an established and legally cognizable religious
denomination or sect, as defined in current federal tax
regulations, and when the religious official does not refer to the
official's self as a psychologist and remains accountable to the
established authority of the religious denomination or sect;
(6) Persons in the employ of the federal government insofar
as their activities are a part of the duties of their positions;
(7) Persons licensed, certified, or registered under any
other provision of the Revised Code who are practicing those arts
and utilizing psychological procedures that are allowed and within
the standards and ethics of their profession or within new areas
of practice that represent appropriate extensions of their
profession, provided that they do not hold themselves out to the
public by the title of psychologist;
(8) Persons using the term "social psychologist,"
"experimental psychologist," "developmental psychologist,"
"research psychologist," "cognitive psychologist," and other terms
used by those in academic and research settings who possess a
doctoral degree in psychology from an educational institution
accredited or recognized by national or regional accrediting
agencies as maintaining satisfactory standards and who do not use
such a term in the solicitation or rendering of professional
psychological services.
(B) The license holder who is supervising a person described
in division (A)(3) of this section shall register the person with
the board. The board shall adopt rules regarding the registration
process and the supervisory relationship.
Sec. 4732.221. A nonresident applicant seeking a review of
qualifications and permission of the state board of psychology to
practice psychology in Ohio for no more than thirty days per year
under division (A)(2) of section 4732.22 of the Revised Code shall
pay a fee established by the board of not less than seventy-five
dollars and not more than one hundred fifty dollars, no part of
which shall be returned. The board may adopt rules for the purpose
of recognizing a nonresident's interjurisdictional practice
credentials granted by the association of state and provincial
psychology boards and other relevant professional organizations.
Sec. 4732.31. (A) The state board of psychology shall
provide access to the following information through the internet:
(1) The names of all licensed psychologists and licensed all
school psychologists licensed by the state board of psychology;
(2) The names of all licensed psychologists and licensed all
school psychologists licensed by the state board of psychology who
have been reprimanded by the board for misconduct, the names of
all licensed psychologists or school psychologists
who have
current licenses but licensed by the state board of psychology
whose licenses are under an active suspension imposed for
misconduct, the names of all former licensed psychologists and
licensed school psychologists licensed by the state board of
psychology whose licenses have been suspended or revoked for
misconduct, and the reason for each reprimand, suspension, or
revocation;
(3) Written findings made under division (B) of section
4732.172 4732.171 of the Revised Code.
(B) Division (A)(2) of this section does not apply to a
suspension of the license of a psychologist or school psychologist
that is an automatic suspension imposed under section 4732.14 of
the Revised Code.
Sec. 4732.32. The state board of psychology shall adopt
rules governing the use of telepsychology for the purpose of
protecting the welfare of recipients of telepsychology services
and establishing requirements for the responsible use of
telepsychology in the practice of psychology and school
psychology, including supervision of persons registered with the
state board of psychology as described in division (B) of section
4732.22 of the Revised Code.
Sec. 4755.13. (A) Nothing in sections 4755.04 to 4755.13 of
the Revised Code shall be construed to prevent or restrict the
practice, services, or activities of the following:
(1)(A) Any person who does not claim to the public by any
title, initials, or description of services as being engaged in
the practice of occupational therapy, who is:
(a)(1) A physician licensed under Chapter 4731. of the
Revised Code, or anyone employed or supervised by a licensed
physician in the delivery of treatment or services;
(b)(2) A person licensed, certified, or registered under
sections 4755.40 to 4755.56 of the Revised Code or under any other
chapter of the Revised Code who is practicing within the standards
and ethics of practice that represent appropriate extensions of
the person's profession;
(c)(3) A qualified member of any other profession who is
practicing within the standards and ethics of the member's
profession.
(2)(B) Any person employed as an occupational therapist or
occupational therapy assistant by the government of the United
States, if the person provides occupational therapy solely under
the direction or control of the organization by which the person
is employed;
(3)(C) Any person pursuing a course of study leading to a
degree or certificate in occupational therapy in an accredited or
approved educational program if the activities and services
constitute a part of a supervised course of study, if the person
is designated by a title that clearly indicates the person's
status as a student or trainee;
(4)(D) Any person fulfilling the supervised field work
experience requirements of section 4755.07 of the Revised Code, if
the activities and services constitute a part of the experience
necessary to meet those requirements.
(B) Nothing in sections 4755.04 to 4755.13 of the Revised
Code authorizes any person to use psychological procedures defined
by the state board of psychology under division (C) of section
4732.23 of the Revised Code as a serious hazard to mental health
and to require professional expertise in psychology.
Sec. 4757.42. Except as otherwise expressly provided in this
chapter, nothing in this chapter shall be construed as authorizing
any person to engage in the practice of psychology as defined in
division (B) of section 4732.01 of the Revised Code. This section
shall not be construed as contravening section 4732.23 of the
Revised Code.
Sec. 5120.55. (A) As used in this section, "licensed health
professional" means any or all of the following:
(1) A dentist who holds a current, valid license issued under
Chapter 4715. of the Revised Code to practice dentistry;
(2) A licensed practical nurse who holds a current, valid
license issued under Chapter 4723. of the Revised Code that
authorizes the practice of nursing as a licensed practical nurse;
(3) An optometrist who holds a current, valid certificate of
licensure issued under Chapter 4725. of the Revised Code that
authorizes the holder to engage in the practice of optometry;
(4) A physician who is authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery, osteopathic
medicine and surgery, or podiatry;
(5) A psychologist who holds a current, valid license issued
under Chapter 4732. of the Revised Code that authorizes the
practice of psychology as a licensed psychologist;
(6) A registered nurse who holds a current, valid license
issued under Chapter 4723. of the Revised Code that authorizes the
practice of nursing as a registered nurse regardless of whether
the nurse is authorized to practice as an advanced practice nurse
as defined in section 4723.01 of the Revised Code.
(B)(1) The department of rehabilitation and correction may
establish a recruitment program under which the department, by
means of a contract entered into under division (C) of this
section, agrees to repay all or part of the principal and interest
of a government or other educational loan incurred by a licensed
health professional who agrees to provide services to inmates of
correctional institutions under the department's administration.
(2)(a) For a physician to be eligible to participate in the
program, the physician must have attended a school that was,
during the time of attendance, a medical school or osteopathic
medical school in this country accredited by the liaison committee
on medical education or the American osteopathic association, a
college of podiatry in this country recognized as being in good
standing under section 4731.53 of the Revised Code, or a medical
school, osteopathic medical school, or college of podiatry located
outside this country that was acknowledged by the world health
organization and verified by a member state of that organization
as operating within that state's jurisdiction.
(b) For a nurse to be eligible to participate in the program,
the nurse must have attended a school that was, during the time of
attendance, a nursing school in this country accredited by the
commission on collegiate nursing education or the national league
for nursing accrediting commission or a nursing school located
outside this country that was acknowledged by the world health
organization and verified by a member state of that organization
as operating within that state's jurisdiction.
(c) For a dentist to be eligible to participate in the
program, the dentist must have attended a school that was, during
the time of attendance, a dental college that enabled the dentist
to meet the requirements specified in section 4715.10 of the
Revised Code to be granted a license to practice dentistry.
(d) For an optometrist to be eligible to participate in the
program, the optometrist must have attended a school of optometry
that was, during the time of attendance, approved by the state
board of optometry.
(e) For a psychologist to be eligible to participate in the
program, the psychologist must have attended an educational
institution that, during the time of attendance, maintained a
specific degree program recognized by the state board of
psychology as acceptable for fulfilling the requirement of
division (B)(4)(3) of section 4732.10 of the Revised Code.
(C) The department shall enter into a contract with each
licensed health professional it recruits under this section. Each
contract shall include at least the following terms:
(1) The licensed health professional agrees to provide a
specified scope of medical, osteopathic medical, podiatric,
optometric, psychological, nursing, or dental services to inmates
of one or more specified state correctional institutions for a
specified number of hours per week for a specified number of
years.
(2) The department agrees to repay all or a specified portion
of the principal and interest of a government or other educational
loan taken by the licensed health professional for the following
expenses to attend, for up to a maximum of four years, a school
that qualifies the licensed health professional to participate in
the program:
(b) Other educational expenses for specific purposes,
including fees, books, and laboratory expenses, in amounts
determined to be reasonable in accordance with rules adopted under
division (D) of this section;
(c) Room and board, in an amount determined to be reasonable
in accordance with rules adopted under division (D) of this
section.
(3) The licensed health professional agrees to pay the
department a specified amount, which shall be no less than the
amount already paid by the department pursuant to its agreement,
as damages if the licensed health professional fails to complete
the service obligation agreed to or fails to comply with other
specified terms of the contract. The contract may vary the amount
of damages based on the portion of the service obligation that
remains uncompleted.
(4) Other terms agreed upon by the parties.
The licensed health professional's lending institution or the
Ohio board of regents, may be a party to the contract. The
contract may include an assignment to the department of the
licensed health professional's duty to repay the principal and
interest of the loan.
(D) If the department elects to implement the recruitment
program, it shall adopt rules in accordance with Chapter 119. of
the Revised Code that establish all of the following:
(1) Criteria for designating institutions for which licensed
health professionals will be recruited;
(2) Criteria for selecting licensed health professionals for
participation in the program;
(3) Criteria for determining the portion of a loan which the
department will agree to repay;
(4) Criteria for determining reasonable amounts of the
expenses described in divisions (C)(2)(b) and (c) of this section;
(5) Procedures for monitoring compliance by a licensed health
professional with the terms of the contract the licensed health
professional enters into under this section;
(6) Any other criteria or procedures necessary to implement
the program.
Sec. 5122.01. As used in this chapter and Chapter 5119. of
the Revised Code:
(A) "Mental illness" means a substantial disorder of thought,
mood, perception, orientation, or memory that grossly impairs
judgment, behavior, capacity to recognize reality, or ability to
meet the ordinary demands of life.
(B) "Mentally ill person subject to hospitalization by court
order" means a mentally ill person who, because of the person's
illness:
(1) Represents a substantial risk of physical harm to self as
manifested by evidence of threats of, or attempts at, suicide or
serious self-inflicted bodily harm;
(2) Represents a substantial risk of physical harm to others
as manifested by evidence of recent homicidal or other violent
behavior, evidence of recent threats that place another in
reasonable fear of violent behavior and serious physical harm, or
other evidence of present dangerousness;
(3) Represents a substantial and immediate risk of serious
physical impairment or injury to self as manifested by evidence
that the person is unable to provide for and is not providing for
the person's basic physical needs because of the person's mental
illness and that appropriate provision for those needs cannot be
made immediately available in the community; or
(4) Would benefit from treatment in a hospital for the
person's mental illness and is in need of such treatment as
manifested by evidence of behavior that creates a grave and
imminent risk to substantial rights of others or the person.
(C)(1) "Patient" means, subject to division (C)(2) of this
section, a person who is admitted either voluntarily or
involuntarily to a hospital or other place under section 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a
finding of not guilty by reason of insanity or incompetence to
stand trial or under this chapter, who is under observation or
receiving treatment in such place.
(2) "Patient" does not include a person admitted to a
hospital or other place under section 2945.39, 2945.40, 2945.401,
or 2945.402 of the Revised Code to the extent that the reference
in this chapter to patient, or the context in which the reference
occurs, is in conflict with any provision of sections 2945.37 to
2945.402 of the Revised Code.
(D) "Licensed physician" means a person licensed under the
laws of this state to practice medicine or a medical officer of
the government of the United States while in this state in the
performance of the person's official duties.
(E) "Psychiatrist" means a licensed physician who has
satisfactorily completed a residency training program in
psychiatry, as approved by the residency review committee of the
American medical association, the committee on post-graduate
education of the American osteopathic association, or the American
osteopathic board of neurology and psychiatry, or who on July 1,
1989, has been recognized as a psychiatrist by the Ohio state
medical association or the Ohio osteopathic association on the
basis of formal training and five or more years of medical
practice limited to psychiatry.
(F) "Hospital" means a hospital or inpatient unit licensed by
the department of mental health under section 5119.20 of the
Revised Code, and any institution, hospital, or other place
established, controlled, or supervised by the department under
Chapter 5119. of the Revised Code.
(G) "Public hospital" means a facility that is tax-supported
and under the jurisdiction of the department of mental health.
(H) "Community mental health agency" means an agency that
provides community mental health services that are certified by
the director of mental health under section 5119.611 of the
Revised Code.
(I) "Licensed clinical psychologist" means a person who holds
a current valid psychologist license issued under section 4732.12
or 4732.15 of the Revised Code, and in addition, meets either of
the following criteria:
(1) Meets the educational requirements set forth in division
(B) of section 4732.10 of the Revised Code and has a minimum of
two years' full-time professional experience, or the equivalent as
determined by rule of the state board of psychology, at least one
year of which shall be a predoctoral internship, in clinical
psychological work in a public or private hospital or clinic or in
private practice, diagnosing and treating problems of mental
illness or mental retardation under the supervision of a
psychologist who is licensed or who holds a diploma issued by the
American board of professional psychology, or whose qualifications
are substantially similar to those required for licensure by the
state board of psychology when the supervision has occurred prior
to enactment of laws governing the practice of psychology;
(2) Meets the educational requirements set forth in division
(B) of section 4732.15 of the Revised Code and has a minimum of
four years' full-time professional experience, or the equivalent
as determined by rule of the state board of psychology, in
clinical psychological work in a public or private hospital or
clinic or in private practice, diagnosing and treating problems of
mental illness or mental retardation under supervision, as set
forth in division (I)(1) of this section.
(J) "Health officer" means any public health physician;
public health nurse; or other person authorized by or designated
by a city health district; a general health district; or a board
of alcohol, drug addiction, and mental health services to perform
the duties of a health officer under this chapter.
(K) "Chief clinical officer" means the medical director of a
hospital, or a community mental health agency, or a board of
alcohol, drug addiction, and mental health services, or, if there
is no medical director, the licensed physician responsible for the
treatment a hospital or community mental health agency provides.
The chief clinical officer may delegate to the attending physician
responsible for a patient's care the duties imposed on the chief
clinical officer by this chapter. Within a community mental health
agency, the chief clinical officer shall be designated by the
governing body of the agency and shall be a licensed physician or
licensed clinical psychologist who supervises diagnostic and
treatment services. A licensed physician or licensed clinical
psychologist designated by the chief clinical officer may perform
the duties and accept the responsibilities of the chief clinical
officer in the chief clinical officer's absence.
(L) "Working day" or "court day" means Monday, Tuesday,
Wednesday, Thursday, and Friday, except when such day is a
holiday.
(M) "Indigent" means unable without deprivation of
satisfaction of basic needs to provide for the payment of an
attorney and other necessary expenses of legal representation,
including expert testimony.
(N) "Respondent" means the person whose detention,
commitment, hospitalization, continued hospitalization or
commitment, or discharge is being sought in any proceeding under
this chapter.
(O) "Ohio protection and advocacy system" has the same
meaning as in section 5123.60 of the Revised Code.
(P) "Independent expert evaluation" means an evaluation
conducted by a licensed clinical psychologist, psychiatrist, or
licensed physician who has been selected by the respondent or the
respondent's counsel and who consents to conducting the
evaluation.
(Q) "Court" means the probate division of the court of common
pleas.
(1) The removal and destruction of court files and records,
originals and copies, and the deletion of all index references;
(2) The reporting to the person of the nature and extent of
any information about the person transmitted to any other person
by the court;
(3) Otherwise insuring that any examination of court files
and records in question shall show no record whatever with respect
to the person;
(4) That all rights and privileges are restored, and that the
person, the court, and any other person may properly reply that no
such record exists, as to any matter expunged.
(S) "Residence" means a person's physical presence in a
county with intent to remain there, except that:
(1) If a person is receiving a mental health service at a
facility that includes nighttime sleeping accommodations,
residence means that county in which the person maintained the
person's primary place of residence at the time the person entered
the facility;
(2) If a person is committed pursuant to section 2945.38,
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,
residence means the county where the criminal charges were filed.
When the residence of a person is disputed, the matter of
residence shall be referred to the department of mental health for
investigation and determination. Residence shall not be a basis
for a board's denying services to any person present in the
board's service district, and the board shall provide services for
a person whose residence is in dispute while residence is being
determined and for a person in an emergency situation.
(T) "Admission" to a hospital or other place means that a
patient is accepted for and stays at least one night at the
hospital or other place.
(U) "Prosecutor" means the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
who prosecuted a criminal case in which a person was found not
guilty by reason of insanity, who would have had the authority to
prosecute a criminal case against a person if the person had not
been found incompetent to stand trial, or who prosecuted a case in
which a person was found guilty.
(V) "Treatment plan" means a written statement of reasonable
objectives and goals for an individual established by the
treatment team, with specific criteria to evaluate progress
towards achieving those objectives. The active participation of
the patient in establishing the objectives and goals shall be
documented. The treatment plan shall be based on patient needs and
include services to be provided to the patient while the patient
is hospitalized and after the patient is discharged. The treatment
plan shall address services to be provided upon discharge,
including but not limited to housing, financial, and vocational
services.
(W) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(X) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
Section 2. That existing sections 102.02, 102.022, 102.03,
2152.54, 2919.271, 2945.37, 4732.01, 4732.02, 4732.03, 4732.06,
4732.07, 4732.09, 4732.10, 4732.11, 4732.12, 4732.13, 4732.14,
4732.141, 4732.16, 4732.17, 4732.172, 4732.173, 4732.18, 4732.21,
4732.22, 4732.31, 4755.13, 4757.42, 5120.55, and 5122.01 and
sections 4732.15, 4732.171, and 4732.23 of the Revised Code are
hereby repealed.
|
|