The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 567 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
| |
Cosponsors:
Representatives Gonzales, Hackett, Hill, Stebelton, Thompson
A BILL
To amend sections 1701.03, 1705.03, 1705.04, 1705.53,
1785.01, 1785.02, 1785.03, 2305.234, 2305.51,
2921.22, 3107.014, 3701.74, 3721.21, 4723.16,
4725.33, 4729.161, 4731.226, 4731.65, 4732.28,
4734.17, 4755.471, 4757.03, 4757.16, 4757.22,
4757.23, 4757.27, 4757.28, 4757.29, 4757.30,
4757.31, 4757.33, 4757.36, 4757.41, 5101.61, and
5123.61; to enact sections 4757.13 and 4757.37;
and to repeal section 4757.12 of the Revised Code
to modify counselor, social worker, and marriage
and family therapist licensing law, to provide
certain professional rights to such licensees, and
to amend the version of section 5123.61 of the
Revised Code that is scheduled to take effect on
October 1, 2012.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1701.03, 1705.03, 1705.04, 1705.53,
1785.01, 1785.02, 1785.03, 2305.234, 2305.51, 2921.22, 3107.014,
3701.74, 3721.21, 4723.16, 4725.33, 4729.161, 4731.226, 4731.65,
4732.28, 4734.17, 4755.471, 4757.03, 4757.16, 4757.22, 4757.23,
4757.27, 4757.28, 4757.29, 4757.30, 4757.31, 4757.33, 4757.36,
4757.41, 5101.61, and 5123.61 be amended and sections 4757.13 and
4757.37 be enacted to read as follows:
Sec. 1701.03. (A) A corporation may be formed under this
chapter for any purpose or combination of purposes for which
individuals lawfully may associate themselves, except that, if the
Revised Code contains special provisions pertaining to the
formation of any designated type of corporation other than a
professional association, as defined in section 1785.01 of the
Revised Code, a corporation of that type shall be formed in
accordance with the special provisions.
(B) On and after July 1, 1994, a corporation may be formed
under this chapter for the purpose of carrying on the practice of
any profession, including, but not limited to, a corporation for
the purpose of providing public accounting or certified public
accounting services, a corporation for the erection, owning, and
conducting of a sanitarium for receiving and caring for patients,
medical and hygienic treatment of patients, and instruction of
nurses in the treatment of disease and in hygiene, a corporation
for the purpose of providing architectural, landscape
architectural, professional engineering, or surveying services or
any combination of those types of services, and a corporation for
the purpose of providing a combination of the professional
services, as defined in section 1785.01 of the Revised Code, of
optometrists authorized under Chapter 4725. of the Revised Code,
chiropractors authorized under Chapter 4734. of the Revised Code
to practice chiropractic or acupuncture, psychologists authorized
under Chapter 4732. of the Revised Code, counselors, social
workers, or marriage and family therapists licensed under Chapter
4757. of the Revised Code, registered or licensed practical nurses
authorized under Chapter 4723. of the Revised Code, pharmacists
authorized under Chapter 4729. of the Revised Code, physical
therapists authorized under sections 4755.40 to 4755.56 of the
Revised Code, mechanotherapists authorized under section 4731.151
of the Revised Code, and doctors of medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery authorized under Chapter 4731. of the Revised Code. This
chapter does not restrict, limit, or otherwise affect the
authority or responsibilities of any agency, board, commission,
department, office, or other entity to license, register, and
otherwise regulate the professional conduct of individuals or
organizations of any kind rendering professional services, as
defined in section 1785.01 of the Revised Code, in this state or
to regulate the practice of any profession that is within the
jurisdiction of the agency, board, commission, department, office,
or other entity, notwithstanding that an individual is a director,
officer, employee, or other agent of a corporation formed under
this chapter and is rendering professional services or engaging in
the practice of a profession through a corporation formed under
this chapter or that the organization is a corporation formed
under this chapter.
(C) Nothing in division (A) or (B) of this section precludes
the organization of a professional association in accordance with
this chapter and Chapter 1785. of the Revised Code or the
formation of a limited liability company under Chapter 1705. of
the Revised Code with respect to a business, as defined in section
1705.01 of the Revised Code.
(D) No corporation formed for the purpose of providing a
combination of the professional services, as defined in section
1785.01 of the Revised Code, of optometrists authorized under
Chapter 4725. of the Revised Code, chiropractors authorized under
Chapter 4734. of the Revised Code to practice chiropractic or
acupuncture, psychologists authorized under Chapter 4732. of the
Revised Code, counselors, social workers, or marriage and family
therapists licensed under Chapter 4757. of the Revised Code,
registered or licensed practical nurses authorized under Chapter
4723. of the Revised Code, pharmacists authorized under Chapter
4729. of the Revised Code, physical therapists authorized under
sections 4755.40 to 4755.56 of the Revised Code, mechanotherapists
authorized under section 4731.151 of the Revised Code, and doctors
of medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery authorized under Chapter 4731. of
the Revised Code shall control the professional clinical judgment
exercised within accepted and prevailing standards of practice of
a licensed, certificated, or otherwise legally authorized
optometrist, chiropractor, chiropractor practicing acupuncture
through the state chiropractic board, counselor, social worker,
marriage and family therapist, psychologist, nurse, pharmacist,
physical therapist, mechanotherapist, or doctor of medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery in rendering care, treatment, or professional advice
to an individual patient.
This division does not prevent a hospital, as defined in
section 3727.01 of the Revised Code, insurer, as defined in
section 3999.36 of the Revised Code, or intermediary organization,
as defined in section 1751.01 of the Revised Code, from entering
into a contract with a corporation described in this division that
includes a provision requiring utilization review, quality
assurance, peer review, or other performance or quality standards.
Those activities shall not be construed as controlling the
professional clinical judgment of an individual practitioner
listed in this division.
Sec. 1705.03. (A) A limited liability company may sue and be
sued.
(B) Unless otherwise provided in its articles of
organization, a limited liability company may take property of any
description or any interest in property of any description by
gift, devise, or bequest and may make donations for the public
welfare or for charitable, scientific, or educational purposes.
(C) In carrying out the purposes stated in its articles of
organization or operating agreement and subject to limitations
prescribed by law or in its articles of organization or its
operating agreement, a limited liability company may do all of the
following:
(1) Purchase or otherwise acquire, lease as lessee or lessor,
invest in, hold, use, encumber, sell, exchange, transfer, and
dispose of property of any description or any interest in property
of any description;
(3) Form or acquire the control of other domestic or foreign
limited liability companies;
(4) Be a shareholder, partner, member, associate, or
participant in other profit or nonprofit enterprises or ventures;
(5) Conduct its affairs in this state and elsewhere;
(6) Render in this state and elsewhere a professional
service, the kinds of professional services authorized under
Chapters 4703. and 4733. of the Revised Code, or a combination of
the professional services of optometrists authorized under Chapter
4725. of the Revised Code, chiropractors authorized under Chapter
4734. of the Revised Code to practice chiropractic or acupuncture,
counselors, social workers, or marriage and family therapists
licensed under Chapter 4757. of the Revised Code, psychologists
authorized under Chapter 4732. of the Revised Code, registered or
licensed practical nurses authorized under Chapter 4723. of the
Revised Code, pharmacists authorized under Chapter 4729. of the
Revised Code, physical therapists authorized under sections
4755.40 to 4755.56 of the Revised Code, occupational therapists
authorized under sections 4755.04 to 4755.13 of the Revised Code,
mechanotherapists authorized under section 4731.151 of the Revised
Code, and doctors of medicine and surgery, osteopathic medicine
and surgery, or podiatric medicine and surgery authorized under
Chapter 4731. of the Revised Code;
(8) Issue, sell, and pledge its notes, bonds, and other
evidences of indebtedness;
(9) Secure any of its obligations by mortgage, pledge, or
deed of trust of all or any of its property;
(10) Guarantee or secure obligations of any person;
(11) Do all things permitted by law and exercise all
authority within or incidental to the purposes stated in its
articles of organization.
(D) In addition to the authority conferred by division (C) of
this section and irrespective of the purposes stated in its
articles of organization or operating agreement but subject to any
limitations stated in those articles or its operating agreement, a
limited liability company may invest funds not currently needed in
its business in any securities if the investment does not cause
the company to acquire control of another enterprise whose
activities and operations are not incidental to the purposes
stated in the articles of organization of the company.
(E)(1) No lack of authority or limitation upon the authority
of a limited liability company shall be asserted in any action
except as follows:
(a) By the state in an action by it against the company;
(b) By or on behalf of the company in an action against a
manager, an officer, or any member as a member;
(c) By a member as a member in an action against the company,
a manager, an officer, or any member as a member;
(d) In an action involving an alleged improper issue of a
membership interest in the company.
(2) Division (E)(1) of this section applies to any action
commenced in this state upon any contract made in this state by a
foreign limited liability company.
Sec. 1705.04. (A) One or more persons, without regard to
residence, domicile, or state of organization, may form a limited
liability company. The articles of organization shall be signed
and filed with the secretary of state and shall set forth all of
the following:
(1) The name of the company;
(2) Except as provided in division (B) of this section, the
period of its duration, which may be perpetual;
(3) Any other provisions that are from the operating
agreement or that are not inconsistent with applicable law and
that the members elect to set out in the articles for the
regulation of the affairs of the company.
The legal existence of the company begins upon the filing of
the articles of organization or on a later date specified in the
articles of organization that is not more than ninety days after
the filing.
(B) If the articles of organization or operating agreement do
not set forth the period of the duration of the limited liability
company, its duration shall be perpetual.
(C) If a limited liability company is formed under this
chapter for the purpose of rendering a professional service, the
kinds of professional services authorized under Chapters 4703. and
4733. of the Revised Code, or a combination of the professional
services of optometrists authorized under Chapter 4725. of the
Revised Code, chiropractors authorized under Chapter 4734. of the
Revised Code to practice chiropractic or acupuncture, counselors,
social workers, or marriage and family therapists licensed under
Chapter 4757. of the Revised Code, psychologists authorized under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses authorized under Chapter 4723. of the Revised
Code, pharmacists authorized under Chapter 4729. of the Revised
Code, physical therapists authorized under sections 4755.40 to
4755.56 of the Revised Code, occupational therapists authorized
under sections 4755.04 to 4755.13 of the Revised Code,
mechanotherapists authorized under section 4731.151 of the Revised
Code, and doctors of medicine and surgery, osteopathic medicine
and surgery, or podiatric medicine and surgery authorized under
Chapter 4731. of the Revised Code, the following apply:
(1) Each member, employee, or other agent of the company who
renders a professional service in this state and, if the
management of the company is not reserved to its members, each
manager of the company who renders a professional service in this
state shall be licensed, certificated, or otherwise legally
authorized to render in this state the same kind of professional
service; if applicable, the kinds of professional services
authorized under Chapters 4703. and 4733. of the Revised Code; or,
if applicable, any of the kinds of professional services of
optometrists authorized under Chapter 4725. of the Revised Code,
chiropractors authorized under Chapter 4734. of the Revised Code
to practice chiropractic or acupuncture, counselors, social
workers, or marriage and family therapists licensed under Chapter
4757. of the Revised Code, psychologists authorized under Chapter
4732. of the Revised Code, registered or licensed practical nurses
authorized under Chapter 4723. of the Revised Code, pharmacists
authorized under Chapter 4729. of the Revised Code, physical
therapists authorized under sections 4755.40 to 4755.56 of the
Revised Code, occupational therapists authorized under sections
4755.04 to 4755.13 of the Revised Code, mechanotherapists
authorized under section 4731.151 of the Revised Code, or doctors
of medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery authorized under Chapter 4731. of
the Revised Code.
(2) Each member, employee, or other agent of the company who
renders a professional service in another state and, if the
management of the company is not reserved to its members, each
manager of the company who renders a professional service in
another state shall be licensed, certificated, or otherwise
legally authorized to render that professional service in the
other state.
(D) Except for the provisions of this chapter pertaining to
the personal liability of members, employees, or other agents of a
limited liability company and, if the management of the company is
not reserved to its members, the personal liability of managers of
the company, this chapter does not restrict, limit, or otherwise
affect the authority or responsibilities of any agency, board,
commission, department, office, or other entity to license,
certificate, register, and otherwise regulate the professional
conduct of individuals or organizations of any kind rendering
professional services in this state or to regulate the practice of
any profession that is within the jurisdiction of the agency,
board, commission, department, office, or other entity,
notwithstanding that the individual is a member or manager of a
limited liability company and is rendering the professional
services or engaging in the practice of the profession through the
limited liability company or that the organization is a limited
liability company.
(E) No limited liability company formed for the purpose of
providing a combination of the professional services, as defined
in section 1785.01 of the Revised Code, of optometrists authorized
under Chapter 4725. of the Revised Code, chiropractors authorized
under Chapter 4734. of the Revised Code to practice chiropractic
or acupuncture, counselors, social workers, or marriage and family
therapists licensed under Chapter 4757. of the Revised Code,
psychologists authorized under Chapter 4732. of the Revised Code,
registered or licensed practical nurses authorized under Chapter
4723. of the Revised Code, pharmacists authorized under Chapter
4729. of the Revised Code, physical therapists authorized under
sections 4755.40 to 4755.56 of the Revised Code, occupational
therapists authorized under sections 4755.04 to 4755.13 of the
Revised Code, mechanotherapists authorized under section 4731.151
of the Revised Code, and doctors of medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery authorized under Chapter 4731. of the Revised Code shall
control the professional clinical judgment exercised within
accepted and prevailing standards of practice of a licensed,
certificated, or otherwise legally authorized optometrist,
chiropractor, chiropractor practicing acupuncture through the
state chiropractic board, counselor, social worker, marriage and
family therapist, psychologist, nurse, pharmacist, physical
therapist, occupational therapist, mechanotherapist, or doctor of
medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery in rendering care, treatment, or
professional advice to an individual patient.
This division does not prevent a hospital, as defined in
section 3727.01 of the Revised Code, insurer, as defined in
section 3999.36 of the Revised Code, or intermediary organization,
as defined in section 1751.01 of the Revised Code, from entering
into a contract with a limited liability company described in this
division that includes a provision requiring utilization review,
quality assurance, peer review, or other performance or quality
standards. Those activities shall not be construed as controlling
the professional clinical judgment of an individual practitioner
listed in this division.
Sec. 1705.53. Subject to any contrary provisions of the Ohio
Constitution, the laws of the state under which a foreign limited
liability company is organized govern its organization and
internal affairs and the liability of its members. A foreign
limited liability company may not be denied a certificate of
registration as a foreign limited liability company in this state
because of any difference between the laws of the state under
which it is organized and the laws of this state. However, a
foreign limited liability company that applies for registration
under this chapter to render a professional service in this state,
as a condition to obtaining and maintaining a certificate of
registration, shall comply with the requirements of division (C)
of section 1705.04 of the Revised Code and shall comply with the
requirements of Chapters 4703. and 4733. of the Revised Code if
the kinds of professional services authorized under those chapters
are to be rendered or with the requirements of Chapters 4723.,
4725., 4729., 4731., 4732., 4734., and 4755., and 4757. of the
Revised Code if a combination of the professional services of
optometrists authorized under Chapter 4725. of the Revised Code,
chiropractors authorized under Chapter 4734. of the Revised Code
to practice chiropractic or acupuncture, counselors, social
workers, or marriage and family therapists licensed under Chapter
4757. of the Revised Code, psychologists authorized under Chapter
4732. of the Revised Code, registered or licensed practical nurses
authorized under Chapter 4723. of the Revised Code, pharmacists
authorized under Chapter 4729. of the Revised Code, physical
therapists authorized under sections 4755.40 to 4755.56 of the
Revised Code, occupational therapists authorized under sections
4755.04 to 4755.13 of the Revised Code, mechanotherapists
authorized under section 4731.151 of the Revised Code, and doctors
of medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery authorized under Chapter 4731. of
the Revised Code are to be rendered.
Sec. 1785.01. As used in this chapter:
(A) "Professional service" means any type of professional
service that may be performed only pursuant to a license,
certificate, or other legal authorization issued pursuant to
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730.,
4731., 4732., 4733., 4734., or 4741., sections 4755.04 to 4755.13,
or 4755.40 to 4755.56, or Chapter 4757. of the Revised Code to
certified public accountants, licensed public accountants,
architects, attorneys, dentists, nurses, optometrists,
pharmacists, physician assistants, doctors of medicine and
surgery, doctors of osteopathic medicine and surgery, doctors of
podiatric medicine and surgery, practitioners of the limited
branches of medicine specified in section 4731.15 of the Revised
Code, mechanotherapists, counselors, social workers, marriage and
family therapists, psychologists, professional engineers,
chiropractors, chiropractors practicing acupuncture through the
state chiropractic board, veterinarians, occupational therapists,
physical therapists, and occupational therapists.
(B) "Professional association" means an association organized
under this chapter for the sole purpose of rendering one of the
professional services authorized under Chapter 4701., 4703.,
4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 4733.,
4734., or 4741., sections 4755.04 to 4755.13, or 4755.40 to
4755.56, or Chapter 4757. of the Revised Code, a combination of
the professional services authorized under Chapters 4703. and
4733. of the Revised Code, or a combination of the professional
services of optometrists authorized under Chapter 4725. of the
Revised Code, chiropractors authorized under Chapter 4734. of the
Revised Code to practice chiropractic or acupuncture, counselors,
social workers, or marriage and family therapists licensed under
Chapter 4757. of the Revised Code, psychologists authorized under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses authorized under Chapter 4723. of the Revised
Code, pharmacists authorized under Chapter 4729. of the Revised
Code, physical therapists authorized under sections 4755.40 to
4755.56 of the Revised Code, occupational therapists authorized
under sections 4755.04 to 4755.13 of the Revised Code,
mechanotherapists authorized under section 4731.151 of the Revised
Code, and doctors of medicine and surgery, osteopathic medicine
and surgery, or podiatric medicine and surgery authorized under
Chapter 4731. of the Revised Code.
Sec. 1785.02. An individual or group of individuals each of
whom is licensed, certificated, or otherwise legally authorized to
render within this state the same kind of professional service, a
group of individuals each of whom is licensed, certificated, or
otherwise legally authorized to render within this state the
professional service authorized under Chapter 4703. or 4733. of
the Revised Code, or a group of individuals each of whom is
licensed, certificated, or otherwise legally authorized to render
within this state the professional service of optometrists
authorized under Chapter 4725. of the Revised Code, chiropractors
authorized under Chapter 4734. of the Revised Code to practice
chiropractic or acupuncture, counselors, social workers, or
marriage and family therapists licensed under Chapter 4757. of the
Revised Code, psychologists authorized under Chapter 4732. of the
Revised Code, registered or licensed practical nurses authorized
under Chapter 4723. of the Revised Code, pharmacists authorized
under Chapter 4729. of the Revised Code, physical therapists
authorized under sections 4755.40 to 4755.56 of the Revised Code,
occupational therapists authorized under sections 4755.04 to
4755.13 of the Revised Code, mechanotherapists authorized under
section 4731.151 of the Revised Code, or doctors of medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery authorized under Chapter 4731. of the Revised Code may
organize and become a shareholder or shareholders of a
professional association. Any group of individuals described in
this section who may be rendering one of the professional services
as an organization created otherwise than pursuant to this chapter
may incorporate under and pursuant to this chapter by amending the
agreement establishing the organization in a manner that the
agreement as amended constitutes articles of incorporation
prepared and filed in the manner prescribed in section 1785.08 of
the Revised Code and by otherwise complying with the applicable
requirements of this chapter.
Sec. 1785.03. A professional association may render a
particular professional service only through officers, employees,
and agents who are themselves duly licensed, certificated, or
otherwise legally authorized to render the professional service
within this state. As used in this section, "employee" does not
include clerks, bookkeepers, technicians, or other individuals who
are not usually and ordinarily considered by custom and practice
to be rendering a particular professional service for which a
license, certificate, or other legal authorization is required and
does not include any other person who performs all of that
person's employment under the direct supervision and control of an
officer, agent, or employee who renders a particular professional
service to the public on behalf of the professional association.
No professional association formed for the purpose of
providing a combination of the professional services, as defined
in section 1785.01 of the Revised Code, of optometrists authorized
under Chapter 4725. of the Revised Code, chiropractors authorized
under Chapter 4734. of the Revised Code to practice chiropractic
or acupuncture, counselors, social workers, or marriage and family
therapists licensed under Chapter 4757. of the Revised Code,
psychologists authorized under Chapter 4732. of the Revised Code,
registered or licensed practical nurses authorized under Chapter
4723. of the Revised Code, pharmacists authorized under Chapter
4729. of the Revised Code, physical therapists authorized under
sections 4755.40 to 4755.56 of the Revised Code, occupational
therapists authorized under sections 4755.04 to 4755.13 of the
Revised Code, mechanotherapists authorized under section 4731.151
of the Revised Code, and doctors of medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery authorized under Chapter 4731. of the Revised Code shall
control the professional clinical judgment exercised within
accepted and prevailing standards of practice of a licensed,
certificated, or otherwise legally authorized optometrist,
chiropractor, chiropractor practicing acupuncture through the
state chiropractic board, counselor, social worker, marriage and
family therapist, psychologist, nurse, pharmacist, physical
therapist, occupational therapist, mechanotherapist, or doctor of
medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery in rendering care, treatment, or
professional advice to an individual patient.
This division does not prevent a hospital, as defined in
section 3727.01 of the Revised Code, insurer, as defined in
section 3999.36 of the Revised Code, or intermediary organization,
as defined in section 1751.01 of the Revised Code, from entering
into a contract with a professional association described in this
division that includes a provision requiring utilization review,
quality assurance, peer review, or other performance or quality
standards. Those activities shall not be construed as controlling
the professional clinical judgment of an individual practitioner
listed in this division.
Sec. 2305.234. (A) As used in this section:
(1) "Chiropractic claim," "medical claim," and "optometric
claim" have the same meanings as in section 2305.113 of the
Revised Code.
(2) "Dental claim" has the same meaning as in section
2305.113 of the Revised Code, except that it does not include any
claim arising out of a dental operation or any derivative claim
for relief that arises out of a dental operation.
(3) "Governmental health care program" has the same meaning
as in section 4731.65 of the Revised Code.
(4) "Health care facility or location" means a hospital,
clinic, ambulatory surgical facility, office of a health care
professional or associated group of health care professionals,
training institution for health care professionals, or any other
place where medical, dental, or other health-related diagnosis,
care, or treatment is provided to a person.
(5) "Health care professional" means any of the following who
provide medical, dental, or other health-related diagnosis, care,
or treatment:
(a) Physicians authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery;
(b) Registered nurses and licensed practical nurses licensed
under Chapter 4723. of the Revised Code and individuals who hold a
certificate of authority issued under that chapter that authorizes
the practice of nursing as a certified registered nurse
anesthetist, clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner;
(c) Physician assistants authorized to practice under Chapter
4730. of the Revised Code;
(d) Dentists and dental hygienists licensed under Chapter
4715. of the Revised Code;
(e) Physical therapists, physical therapist assistants,
occupational therapists, and occupational therapy assistants
licensed under Chapter 4755. of the Revised Code;
(f) Chiropractors licensed under Chapter 4734. of the Revised
Code;
(g) Optometrists licensed under Chapter 4725. of the Revised
Code;
(h) Podiatrists authorized under Chapter 4731. of the Revised
Code to practice podiatry;
(i) Dietitians licensed under Chapter 4759. of the Revised
Code;
(j) Pharmacists licensed under Chapter 4729. of the Revised
Code;
(k) Emergency medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic, certified under Chapter 4765. of the
Revised Code;
(l) Respiratory care professionals licensed under Chapter
4761. of the Revised Code;
(m) Speech-language pathologists and audiologists licensed
under Chapter 4753. of the Revised Code;
(n) Counselors, social workers, or marriage and family
therapists authorized to practice counseling, social work, or
marriage and family therapy under Chapter 4757. of the Revised
Code;
(o) Psychologists authorized to practice psychology under
Chapter 4732. of the Revised Code;
(p) Individuals licensed or certified under Chapter 4758. of
the Revised Code who are acting within the scope of their license
or certificate as members of the profession of chemical dependency
counseling or alcohol and other drug prevention services.
(6) "Health care worker" means a person other than a health
care professional who provides medical, dental, or other
health-related care or treatment under the direction of a health
care professional with the authority to direct that individual's
activities, including medical technicians, medical assistants,
dental assistants, orderlies, aides, and individuals acting in
similar capacities.
(7) "Indigent and uninsured person" means a person who meets
all of the following requirements:
(a) The person's income is not greater than two hundred per
cent of the current poverty line as defined by the United States
office of management and budget and revised in accordance with
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"
95 Stat. 511, 42 U.S.C. 9902, as amended.
(b) The person is not eligible to receive medical assistance
under Chapter 5111. of the Revised Code or assistance under any
other governmental health care program.
(c) Either of the following applies:
(i) The person is not a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan.
(ii) The person is a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan, but the insurer, policy,
contract, or plan denies coverage or is the subject of insolvency
or bankruptcy proceedings in any jurisdiction.
(8) "Nonprofit health care referral organization" means an
entity that is not operated for profit and refers patients to, or
arranges for the provision of, health-related diagnosis, care, or
treatment by a health care professional or health care worker.
(9) "Operation" means any procedure that involves cutting or
otherwise infiltrating human tissue by mechanical means, including
surgery, laser surgery, ionizing radiation, therapeutic
ultrasound, or the removal of intraocular foreign bodies.
"Operation" does not include the administration of medication by
injection, unless the injection is administered in conjunction
with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection.
"Operation" does not include routine dental restorative
procedures, the scaling of teeth, or extractions of teeth that are
not impacted.
(10) "Tort action" means a civil action for damages for
injury, death, or loss to person or property other than a civil
action for damages for a breach of contract or another agreement
between persons or government entities.
(11) "Volunteer" means an individual who provides any
medical, dental, or other health-care related diagnosis, care, or
treatment without the expectation of receiving and without receipt
of any compensation or other form of remuneration from an indigent
and uninsured person, another person on behalf of an indigent and
uninsured person, any health care facility or location, any
nonprofit health care referral organization, or any other person
or government entity.
(12) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(13) "Deep sedation" means a drug-induced depression of
consciousness during which a patient cannot be easily aroused but
responds purposefully following repeated or painful stimulation, a
patient's ability to independently maintain ventilatory function
may be impaired, a patient may require assistance in maintaining a
patent airway and spontaneous ventilation may be inadequate, and
cardiovascular function is usually maintained.
(14) "General anesthesia" means a drug-induced loss of
consciousness during which a patient is not arousable, even by
painful stimulation, the ability to independently maintain
ventilatory function is often impaired, a patient often requires
assistance in maintaining a patent airway, positive pressure
ventilation may be required because of depressed spontaneous
ventilation or drug-induced depression of neuromuscular function,
and cardiovascular function may be impaired.
(B)(1) Subject to divisions (F) and (G)(3) of this section, a
health care professional who is a volunteer and complies with
division (B)(2) of this section is not liable in damages to any
person or government entity in a tort or other civil action,
including an action on a medical, dental, chiropractic,
optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the volunteer in the provision to an indigent and
uninsured person of medical, dental, or other health-related
diagnosis, care, or treatment, including the provision of samples
of medicine and other medical products, unless the action or
omission constitutes willful or wanton misconduct.
(2) To qualify for the immunity described in division (B)(1)
of this section, a health care professional shall do all of the
following prior to providing diagnosis, care, or treatment:
(a) Determine, in good faith, that the indigent and uninsured
person is mentally capable of giving informed consent to the
provision of the diagnosis, care, or treatment and is not subject
to duress or under undue influence;
(b) Inform the person of the provisions of this section,
including notifying the person that, by giving informed consent to
the provision of the diagnosis, care, or treatment, the person
cannot hold the health care professional liable for damages in a
tort or other civil action, including an action on a medical,
dental, chiropractic, optometric, or other health-related claim,
unless the action or omission of the health care professional
constitutes willful or wanton misconduct;
(c) Obtain the informed consent of the person and a written
waiver, signed by the person or by another individual on behalf of
and in the presence of the person, that states that the person is
mentally competent to give informed consent and, without being
subject to duress or under undue influence, gives informed consent
to the provision of the diagnosis, care, or treatment subject to
the provisions of this section. A written waiver under division
(B)(2)(c) of this section shall state clearly and in conspicuous
type that the person or other individual who signs the waiver is
signing it with full knowledge that, by giving informed consent to
the provision of the diagnosis, care, or treatment, the person
cannot bring a tort or other civil action, including an action on
a medical, dental, chiropractic, optometric, or other
health-related claim, against the health care professional unless
the action or omission of the health care professional constitutes
willful or wanton misconduct.
(3) A physician or podiatrist who is not covered by medical
malpractice insurance, but complies with division (B)(2) of this
section, is not required to comply with division (A) of section
4731.143 of the Revised Code.
(C) Subject to divisions (F) and (G)(3) of this section,
health care workers who are volunteers are not liable in damages
to any person or government entity in a tort or other civil
action, including an action upon a medical, dental, chiropractic,
optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the health care worker in the provision to an indigent
and uninsured person of medical, dental, or other health-related
diagnosis, care, or treatment, unless the action or omission
constitutes willful or wanton misconduct.
(D) Subject to divisions (F) and (G)(3) of this section, a
nonprofit health care referral organization is not liable in
damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental,
chiropractic, optometric, or other health-related claim, for
injury, death, or loss to person or property that allegedly arises
from an action or omission of the nonprofit health care referral
organization in referring indigent and uninsured persons to, or
arranging for the provision of, medical, dental, or other
health-related diagnosis, care, or treatment by a health care
professional described in division (B)(1) of this section or a
health care worker described in division (C) of this section,
unless the action or omission constitutes willful or wanton
misconduct.
(E) Subject to divisions (F) and (G)(3) of this section and
to the extent that the registration requirements of section
3701.071 of the Revised Code apply, a health care facility or
location associated with a health care professional described in
division (B)(1) of this section, a health care worker described in
division (C) of this section, or a nonprofit health care referral
organization described in division (D) of this section is not
liable in damages to any person or government entity in a tort or
other civil action, including an action on a medical, dental,
chiropractic, optometric, or other health-related claim, for
injury, death, or loss to person or property that allegedly arises
from an action or omission of the health care professional or
worker or nonprofit health care referral organization relative to
the medical, dental, or other health-related diagnosis, care, or
treatment provided to an indigent and uninsured person on behalf
of or at the health care facility or location, unless the action
or omission constitutes willful or wanton misconduct.
(F)(1) Except as provided in division (F)(2) of this section,
the immunities provided by divisions (B), (C), (D), and (E) of
this section are not available to a health care professional,
health care worker, nonprofit health care referral organization,
or health care facility or location if, at the time of an alleged
injury, death, or loss to person or property, the health care
professionals or health care workers involved are providing one of
the following:
(a) Any medical, dental, or other health-related diagnosis,
care, or treatment pursuant to a community service work order
entered by a court under division (B) of section 2951.02 of the
Revised Code or imposed by a court as a community control
sanction;
(b) Performance of an operation to which any one of the
following applies:
(i) The operation requires the administration of deep
sedation or general anesthesia.
(ii) The operation is a procedure that is not typically
performed in an office.
(iii) The individual involved is a health care professional,
and the operation is beyond the scope of practice or the
education, training, and competence, as applicable, of the health
care professional.
(c) Delivery of a baby or any other purposeful termination of
a human pregnancy.
(2) Division (F)(1) of this section does not apply when a
health care professional or health care worker provides medical,
dental, or other health-related diagnosis, care, or treatment that
is necessary to preserve the life of a person in a medical
emergency.
(G)(1) This section does not create a new cause of action or
substantive legal right against a health care professional, health
care worker, nonprofit health care referral organization, or
health care facility or location.
(2) This section does not affect any immunities from civil
liability or defenses established by another section of the
Revised Code or available at common law to which a health care
professional, health care worker, nonprofit health care referral
organization, or health care facility or location may be entitled
in connection with the provision of emergency or other medical,
dental, or other health-related diagnosis, care, or treatment.
(3) This section does not grant an immunity from tort or
other civil liability to a health care professional, health care
worker, nonprofit health care referral organization, or health
care facility or location for actions that are outside the scope
of authority of health care professionals or health care workers.
(4) This section does not affect any legal responsibility of
a health care professional, health care worker, or nonprofit
health care referral organization to comply with any applicable
law of this state or rule of an agency of this state.
(5) This section does not affect any legal responsibility of
a health care facility or location to comply with any applicable
law of this state, rule of an agency of this state, or local code,
ordinance, or regulation that pertains to or regulates building,
housing, air pollution, water pollution, sanitation, health, fire,
zoning, or safety.
Sec. 2305.51. (A)(1) As used in this section:
(a) "Civil Rights" has the same meaning as in section
5122.301 of the Revised Code.
(b) "Mental health client or patient" means an individual who
is receiving mental health services from a mental health
professional or organization.
(c) "Mental health organization" means an organization that
engages one or more mental health professionals to provide mental
health services to one or more mental health clients or patients.
(d) "Mental health professional" means an individual who is
licensed, certified, or registered under the Revised Code, or
otherwise authorized in this state, to provide mental health
services for compensation, remuneration, or other personal gain.
(e) "Mental health service" means a service provided to an
individual or group of individuals involving the application of
medical, psychiatric, psychological, counseling, social work,
marriage and family therapy, or nursing principles or procedures
to either of the following:
(i) The assessment, diagnosis, prevention, treatment, or
amelioration of mental, emotional, psychiatric, psychological, or
psychosocial disorders or diseases, as described in the most
recent edition of the diagnostic and statistical manual of mental
disorders published by the American psychiatric association;
(ii) The assessment or improvement of mental, emotional,
psychiatric, psychological, or psychosocial adjustment or
functioning, regardless of whether there is a diagnosable,
pre-existing disorder or disease.
(f) "Knowledgeable person" means an individual who has reason
to believe that a mental health client or patient has the intent
and ability to carry out an explicit threat of inflicting imminent
and serious physical harm to or causing the death of a clearly
identifiable potential victim or victims and who is either an
immediate family member of the client or patient or an individual
who otherwise personally knows the client or patient.
(2) For the purpose of this section, in the case of a threat
to a readily identifiable structure, "clearly identifiable
potential victim" includes any potential occupant of the
structure.
(B) A mental health professional or mental health
organization may be held liable in damages in a civil action, or
may be made subject to disciplinary action by an entity with
licensing or other regulatory authority over the professional or
organization, for serious physical harm or death resulting from
failing to predict, warn of, or take precautions to provide
protection from the violent behavior of a mental health client or
patient, only if the client or patient or a knowledgeable person
has communicated to the professional or organization an explicit
threat of inflicting imminent and serious physical harm to or
causing the death of one or more clearly identifiable potential
victims, the professional or organization has reason to believe
that the client or patient has the intent and ability to carry out
the threat, and the professional or organization fails to take one
or more of the following actions in a timely manner:
(1) Exercise any authority the professional or organization
possesses to hospitalize the client or patient on an emergency
basis pursuant to section 5122.10 of the Revised Code;
(2) Exercise any authority the professional or organization
possesses to have the client or patient involuntarily or
voluntarily hospitalized under Chapter 5122. of the Revised Code;
(3) Establish and undertake a documented treatment plan that
is reasonably calculated, according to appropriate standards of
professional practice, to eliminate the possibility that the
client or patient will carry out the threat, and, concurrent with
establishing and undertaking the treatment plan, initiate
arrangements for a second opinion risk assessment through a
management consultation about the treatment plan with, in the case
of a mental health organization, the clinical director of the
organization, or, in the case of a mental health professional who
is not acting as part of a mental health organization, any mental
health professional who is licensed to engage in independent
practice;
(4) Communicate to a law enforcement agency with jurisdiction
in the area where each potential victim resides, where a structure
threatened by a mental health client or patient is located, or
where the mental health client or patient resides, and if
feasible, communicate to each potential victim or a potential
victim's parent or guardian if the potential victim is a minor or
has been adjudicated incompetent, all of the following
information:
(a) The nature of the threat;
(b) The identity of the mental health client or patient
making the threat;
(c) The identity of each potential victim of the threat.
(C) All of the following apply when a mental health
professional or organization takes one or more of the actions set
forth in divisions (B)(1) to (4) of this section:
(1) The mental health professional or organization shall
consider each of the alternatives set forth and shall document the
reasons for choosing or rejecting each alternative.
(2) The mental health professional or organization may give
special consideration to those alternatives which, consistent with
public safety, would least abridge the rights of the mental health
client or patient established under the Revised Code, including
the rights specified in sections 5122.27 to 5122.31 of the Revised
Code.
(3) The mental health professional or organization is not
required to take an action that, in the exercise of reasonable
professional judgment, would physically endanger the professional
or organization, increase the danger to a potential victim, or
increase the danger to the mental health client or patient.
(4) The mental health professional or organization is not
liable in damages in a civil action, and shall not be made subject
to disciplinary action by any entity with licensing or other
regulatory authority over the professional or organization, for
disclosing any confidential information about a mental health
client or patient that is disclosed for the purpose of taking any
of the actions.
(D) The immunities from civil liability and disciplinary
action conferred by this section are in addition to and not in
limitation of any immunity conferred on a mental health
professional or organization by any other section of the Revised
Code or by judicial precedent.
(E) This section does not affect the civil rights of a mental
health client or patient under Ohio or Federal Law.
Sec. 2921.22. (A)(1) Except as provided in division (A)(2)
of this section, no person, knowing that a felony has been or is
being committed, shall knowingly fail to report such information
to law enforcement authorities.
(2) No person, knowing that a violation of division (B) of
section 2913.04 of the Revised Code has been, or is being
committed or that the person has received information derived from
such a violation, shall knowingly fail to report the violation to
law enforcement authorities.
(B) Except for conditions that are within the scope of
division (E) of this section, no physician, limited practitioner,
nurse, or other person giving aid to a sick or injured person
shall negligently fail to report to law enforcement authorities
any gunshot or stab wound treated or observed by the physician,
limited practitioner, nurse, or person, or any serious physical
harm to persons that the physician, limited practitioner, nurse,
or person knows or has reasonable cause to believe resulted from
an offense of violence.
(C) No person who discovers the body or acquires the first
knowledge of the death of a person shall fail to report the death
immediately to a physician whom the person knows to be treating
the deceased for a condition from which death at such time would
not be unexpected, or to a law enforcement officer, an ambulance
service, an emergency squad, or the coroner in a political
subdivision in which the body is discovered, the death is believed
to have occurred, or knowledge concerning the death is obtained.
(D) No person shall fail to provide upon request of the
person to whom a report required by division (C) of this section
was made, or to any law enforcement officer who has reasonable
cause to assert the authority to investigate the circumstances
surrounding the death, any facts within the person's knowledge
that may have a bearing on the investigation of the death.
(E)(1) As used in this division, "burn injury" means any of
the following:
(a) Second or third degree burns;
(b) Any burns to the upper respiratory tract or laryngeal
edema due to the inhalation of superheated air;
(c) Any burn injury or wound that may result in death;
(d) Any physical harm to persons caused by or as the result
of the use of fireworks, novelties and trick noisemakers, and wire
sparklers, as each is defined by section 3743.01 of the Revised
Code.
(2) No physician, nurse, or limited practitioner who, outside
a hospital, sanitarium, or other medical facility, attends or
treats a person who has sustained a burn injury that is inflicted
by an explosion or other incendiary device or that shows evidence
of having been inflicted in a violent, malicious, or criminal
manner shall fail to report the burn injury immediately to the
local arson, or fire and explosion investigation, bureau, if there
is a bureau of this type in the jurisdiction in which the person
is attended or treated, or otherwise to local law enforcement
authorities.
(3) No manager, superintendent, or other person in charge of
a hospital, sanitarium, or other medical facility in which a
person is attended or treated for any burn injury that is
inflicted by an explosion or other incendiary device or that shows
evidence of having been inflicted in a violent, malicious, or
criminal manner shall fail to report the burn injury immediately
to the local arson, or fire and explosion investigation, bureau,
if there is a bureau of this type in the jurisdiction in which the
person is attended or treated, or otherwise to local law
enforcement authorities.
(4) No person who is required to report any burn injury under
division (E)(2) or (3) of this section shall fail to file, within
three working days after attending or treating the victim, a
written report of the burn injury with the office of the state
fire marshal. The report shall comply with the uniform standard
developed by the state fire marshal pursuant to division (A)(15)
of section 3737.22 of the Revised Code.
(5) Anyone participating in the making of reports under
division (E) of this section or anyone participating in a judicial
proceeding resulting from the reports is immune from any civil or
criminal liability that otherwise might be incurred or imposed as
a result of such actions. Notwithstanding section 4731.22 of the
Revised Code, the physician-patient relationship is not a ground
for excluding evidence regarding a person's burn injury or the
cause of the burn injury in any judicial proceeding resulting from
a report submitted under division (E) of this section.
(F)(1) Any doctor of medicine or osteopathic medicine,
hospital intern or resident, registered or licensed practical
nurse, psychologist, social worker, independent social worker,
social work assistant, professional clinical counselor, or
professional counselor, marriage and family therapist, or
independent marriage and family therapist who knows or has
reasonable cause to believe that a patient or client has been the
victim of domestic violence, as defined in section 3113.31 of the
Revised Code, shall note that knowledge or belief and the basis
for it in the patient's or client's records.
(2) Notwithstanding section 4731.22 of the Revised Code, the
doctor-patient privilege shall not be a ground for excluding any
information regarding the report containing the knowledge or
belief noted under division (F)(1) of this section, and the
information may be admitted as evidence in accordance with the
Rules of Evidence.
(G) Divisions (A) and (D) of this section do not require
disclosure of information, when any of the following applies:
(1) The information is privileged by reason of the
relationship between attorney and client; doctor and patient;
licensed psychologist or licensed school psychologist and client;
licensed counselor, social worker, or marriage and family
therapist and client; member of the clergy, rabbi, minister, or
priest and any person communicating information confidentially to
the member of the clergy, rabbi, minister, or priest for a
religious counseling purpose of a professional character; husband
and wife; or a communications assistant and those who are a party
to a telecommunications relay service call.
(2) The information would tend to incriminate a member of the
actor's immediate family.
(3) Disclosure of the information would amount to revealing a
news source, privileged under section 2739.04 or 2739.12 of the
Revised Code.
(4) Disclosure of the information would amount to disclosure
by a member of the ordained clergy of an organized religious body
of a confidential communication made to that member of the clergy
in that member's capacity as a member of the clergy by a person
seeking the aid or counsel of that member of the clergy.
(5) Disclosure would amount to revealing information acquired
by the actor in the course of the actor's duties in connection
with a bona fide program of treatment or services for drug
dependent persons or persons in danger of drug dependence, which
program is maintained or conducted by a hospital, clinic, person,
agency, or organization certified pursuant to section 3793.06 of
the Revised Code.
(6) Disclosure would amount to revealing information acquired
by the actor in the course of the actor's duties in connection
with a bona fide program for providing counseling services to
victims of crimes that are violations of section 2907.02 or
2907.05 of the Revised Code or to victims of felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code. As used in this division, "counseling services" include
services provided in an informal setting by a person who, by
education or experience, is competent to provide those services.
(H) No disclosure of information pursuant to this section
gives rise to any liability or recrimination for a breach of
privilege or confidence.
(I) Whoever violates division (A) or (B) of this section is
guilty of failure to report a crime. Violation of division (A)(1)
of this section is a misdemeanor of the fourth degree. Violation
of division (A)(2) or (B) of this section is a misdemeanor of the
second degree.
(J) Whoever violates division (C) or (D) of this section is
guilty of failure to report knowledge of a death, a misdemeanor of
the fourth degree.
(K)(1) Whoever negligently violates division (E) of this
section is guilty of a minor misdemeanor.
(2) Whoever knowingly violates division (E) of this section
is guilty of a misdemeanor of the second degree.
Sec. 3107.014. (A) Except as provided in division (B) of
this section, only an individual who meets all of the following
requirements may perform the duties of an assessor under sections
3107.031, 3107.032, 3107.082, 3107.09, 3107.101, 3107.12,
5103.0324, and 5103.152 of the Revised Code:
(1) The individual must be in the employ of, appointed by, or
under contract with a court, public children services agency,
private child placing agency, or private noncustodial agency;
(2) The individual must be one of the following:
(a) A professional counselor, social worker, or marriage and
family therapist licensed under Chapter 4757. of the Revised Code;
(b) A psychologist licensed under Chapter 4732. of the
Revised Code;
(c) A student working to earn a four-year, post-secondary
degree, or higher, in a social or behavior science, or both, who
conducts assessor's duties under the supervision of a professional
counselor, social worker, or marriage and family therapist
licensed under Chapter 4757. of the Revised Code or a psychologist
licensed under Chapter 4732. of the Revised Code. Beginning July
1, 2009, a student is eligible under this division only if the
supervising professional counselor, social worker, marriage and
family therapist, or psychologist has completed training in
accordance with rules adopted under section 3107.015 of the
Revised Code.
(d) A civil service employee engaging in social work without
a license under Chapter 4757. of the Revised Code, as permitted by
division (A)(5) of section 4757.41 of the Revised Code;
(e) A former employee of a public children services agency
who, while so employed, conducted the duties of an assessor.
(3) The individual must complete training in accordance with
rules adopted under section 3107.015 of the Revised Code.
(B) An individual in the employ of, appointed by, or under
contract with a court prior to September 18, 1996, to conduct
adoption investigations of prospective adoptive parents may
perform the duties of an assessor under sections 3107.031,
3107.032, 3107.082, 3107.09, 3107.101, 3107.12, 5103.0324, and
5103.152 of the Revised Code if the individual complies with
division (A)(3) of this section regardless of whether the
individual meets the requirement of division (A)(2) of this
section.
(C) A court, public children services agency, private child
placing agency, or private noncustodial agency may employ,
appoint, or contract with an assessor in the county in which a
petition for adoption is filed and in any other county or location
outside this state where information needed to complete or
supplement the assessor's duties may be obtained. More than one
assessor may be utilized for an adoption.
(D) Not later than January 1, 2008, the department of job and
family services shall develop and maintain an assessor registry.
The registry shall list all individuals who are employed,
appointed by, or under contract with a court, public children
services agency, private child placing agency, or private
noncustodial agency and meet the requirements of an assessor as
described in this section. A public children services agency,
private child placing agency, private noncustodial agency, court,
or any other person may contact the department to determine if an
individual is listed in the assessor registry. An individual
listed in the assessor registry shall immediately inform the
department when that individual is no longer employed, appointed
by, or under contract with a court, public children services
agency, private child placing agency, or private noncustodial
agency to perform the duties of an assessor as described in this
section. The director of job and family services shall adopt rules
in accordance with Chapter 119. of the Revised Code necessary for
the implementation, contents, and maintenance of the registry, and
any sanctions related to the provision of information, or the
failure to provide information, that is needed for the proper
operation of the assessor registry.
Sec. 3701.74. (A) As used in this section and section
3701.741 of the Revised Code:
(1) "Ambulatory care facility" means a facility that provides
medical, diagnostic, or surgical treatment to patients who do not
require hospitalization, including a dialysis center, ambulatory
surgical facility, cardiac catheterization facility, diagnostic
imaging center, extracorporeal shock wave lithotripsy center, home
health agency, inpatient hospice, birthing center, radiation
therapy center, emergency facility, and an urgent care center.
"Ambulatory care facility" does not include the private office of
a physician or dentist, whether the office is for an individual or
group practice.
(2) "Chiropractor" means an individual licensed under Chapter
4734. of the Revised Code to practice chiropractic.
(3) "Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(4) "Health care practitioner" means all of the following:
(a) A dentist or dental hygienist licensed under Chapter
4715. of the Revised Code;
(b) A registered or licensed practical nurse licensed under
Chapter 4723. of the Revised Code;
(c) An optometrist licensed under Chapter 4725. of the
Revised Code;
(d) A dispensing optician, spectacle dispensing optician,
contact lens dispensing optician, or spectacle-contact lens
dispensing optician licensed under Chapter 4725. of the Revised
Code;
(e) A pharmacist licensed under Chapter 4729. of the Revised
Code;
(g) A physician assistant authorized under Chapter 4730. of
the Revised Code to practice as a physician assistant;
(h) A practitioner of a limited branch of medicine issued a
certificate under Chapter 4731. of the Revised Code;
(i) A psychologist licensed under Chapter 4732. of the
Revised Code;
(k) A hearing aid dealer or fitter licensed under Chapter
4747. of the Revised Code;
(l) A speech-language pathologist or audiologist licensed
under Chapter 4753. of the Revised Code;
(m) An occupational therapist or occupational therapy
assistant licensed under Chapter 4755. of the Revised Code;
(n) A physical therapist or physical therapy assistant
licensed under Chapter 4755. of the Revised Code;
(o) A professional clinical counselor, professional
counselor, social worker, or independent social worker, marriage
and family therapist, or independent marriage and family therapist
licensed, or a social work assistant registered, under Chapter
4757. of the Revised Code;
(p) A dietitian licensed under Chapter 4759. of the Revised
Code;
(q) A respiratory care professional licensed under Chapter
4761. of the Revised Code;
(r) An emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic
certified under Chapter 4765. of the Revised Code.
(5) "Health care provider" means a hospital, ambulatory care
facility, long-term care facility, pharmacy, emergency facility,
or health care practitioner.
(6) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(7) "Long-term care facility" means a nursing home,
residential care facility, or home for the aging, as those terms
are defined in section 3721.01 of the Revised Code; an adult care
facility, as defined in section 5119.70 of the Revised Code; a
nursing facility or intermediate care facility for the mentally
retarded, as those terms are defined in section 5111.20 of the
Revised Code; a facility or portion of a facility certified as a
skilled nursing facility under Title XVIII of the "Social Security
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.
(8) "Medical record" means data in any form that pertains to
a patient's medical history, diagnosis, prognosis, or medical
condition and that is generated and maintained by a health care
provider in the process of the patient's health care treatment.
(9) "Medical records company" means a person who stores,
locates, or copies medical records for a health care provider, or
is compensated for doing so by a health care provider, and charges
a fee for providing medical records to a patient or patient's
representative.
(10) "Patient" means either of the following:
(a) An individual who received health care treatment from a
health care provider;
(b) A guardian, as defined in section 1337.11 of the Revised
Code, of an individual described in division (A)(10)(a) of this
section.
(11) "Patient's personal representative" means a minor
patient's parent or other person acting in loco parentis, a
court-appointed guardian, or a person with durable power of
attorney for health care for a patient, the executor or
administrator of the patient's estate, or the person responsible
for the patient's estate if it is not to be probated. "Patient's
personal representative" does not include an insurer authorized
under Title XXXIX of the Revised Code to do the business of
sickness and accident insurance in this state, a health insuring
corporation holding a certificate of authority under Chapter 1751.
of the Revised Code, or any other person not named in this
division.
(12) "Pharmacy" has the same meaning as in section 4729.01 of
the Revised Code.
(13) "Physician" means a person authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery.
(14) "Authorized person" means a person to whom a patient has
given written authorization to act on the patient's behalf
regarding the patient's medical record.
(B) A patient, a patient's personal representative or an
authorized person who wishes to examine or obtain a copy of part
or all of a medical record shall submit to the health care
provider a written request signed by the patient, personal
representative, or authorized person dated not more than one year
before the date on which it is submitted. The request shall
indicate whether the copy is to be sent to the requestor,
physician or chiropractor, or held for the requestor at the office
of the health care provider. Within a reasonable time after
receiving a request that meets the requirements of this division
and includes sufficient information to identify the record
requested, a health care provider that has the patient's medical
records shall permit the patient to examine the record during
regular business hours without charge or, on request, shall
provide a copy of the record in accordance with section 3701.741
of the Revised Code, except that if a physician, psychologist,
counselor, social worker, marriage and family therapist, or
chiropractor who has treated the patient determines for clearly
stated treatment reasons that disclosure of the requested record
is likely to have an adverse effect on the patient, the health
care provider shall provide the record to a physician,
psychologist, counselor, social worker, marriage and family
therapist, or chiropractor designated by the patient. The health
care provider shall take reasonable steps to establish the
identity of the person making the request to examine or obtain a
copy of the patient's record.
(C) If a health care provider fails to furnish a medical
record as required by division (B) of this section, the patient,
personal representative, or authorized person who requested the
record may bring a civil action to enforce the patient's right of
access to the record.
(D)(1) This section does not apply to medical records whose
release is covered by section 173.20 or 3721.13 of the Revised
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.
part 2, "Confidentiality of Alcohol and Drug Abuse Patient
Records," or by 42 C.F.R. 483.10.
(2) Nothing in this section is intended to supersede the
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,
and 2305.252 of the Revised Code.
Sec. 3721.21. As used in sections 3721.21 to 3721.34 of the
Revised Code:
(A) "Long-term care facility" means either of the following:
(1) A nursing home as defined in section 3721.01 of the
Revised Code, other than a nursing home or part of a nursing home
certified as an intermediate care facility for the mentally
retarded under Title XIX of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C.A. 301, as amended;
(2) A facility or part of a facility that is certified as a
skilled nursing facility or a nursing facility under Title XVIII
or XIX of the "Social Security Act."
(B) "Residential care facility" has the same meaning as in
section 3721.01 of the Revised Code.
(C) "Abuse" means knowingly causing physical harm or
recklessly causing serious physical harm to a resident by physical
contact with the resident or by use of physical or chemical
restraint, medication, or isolation as punishment, for staff
convenience, excessively, as a substitute for treatment, or in
amounts that preclude habilitation and treatment.
(D) "Neglect" means recklessly failing to provide a resident
with any treatment, care, goods, or service necessary to maintain
the health or safety of the resident when the failure results in
serious physical harm to the resident. "Neglect" does not include
allowing a resident, at the resident's option, to receive only
treatment by spiritual means through prayer in accordance with the
tenets of a recognized religious denomination.
(E) "Misappropriation" means depriving, defrauding, or
otherwise obtaining the real or personal property of a resident by
any means prohibited by the Revised Code, including violations of
Chapter 2911. or 2913. of the Revised Code.
(F) "Resident" includes a resident, patient, former resident
or patient, or deceased resident or patient of a long-term care
facility or a residential care facility.
(G) "Physical restraint" has the same meaning as in section
3721.10 of the Revised Code.
(H) "Chemical restraint" has the same meaning as in section
3721.10 of the Revised Code.
(I) "Nursing and nursing-related services" means the personal
care services and other services not constituting skilled nursing
care that are specified in rules the public health council shall
adopt in accordance with Chapter 119. of the Revised Code.
(J) "Personal care services" has the same meaning as in
section 3721.01 of the Revised Code.
(K)(1) Except as provided in division (K)(2) of this section,
"nurse aide" means an individual who provides nursing and
nursing-related services to residents in a long-term care
facility, either as a member of the staff of the facility for
monetary compensation or as a volunteer without monetary
compensation.
(2) "Nurse aide" does not include either of the following:
(a) A licensed health professional practicing within the
scope of the professional's license;
(b) An individual providing nursing and nursing-related
services in a religious nonmedical health care institution, if the
individual has been trained in the principles of nonmedical care
and is recognized by the institution as being competent in the
administration of care within the religious tenets practiced by
the residents of the institution.
(L) "Licensed health professional" means all of the
following:
(1) An occupational therapist or occupational therapy
assistant licensed under Chapter 4755. of the Revised Code;
(2) A physical therapist or physical therapy assistant
licensed under Chapter 4755. of the Revised Code;
(3) A physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery, osteopathic medicine and
surgery, or podiatry;
(4) A physician assistant authorized under Chapter 4730. of
the Revised Code to practice as a physician assistant;
(5) A registered nurse or licensed practical nurse licensed
under Chapter 4723. of the Revised Code;
(6) A social worker or independent social worker licensed
under Chapter 4757. of the Revised Code or a social work assistant
registered under that chapter;
(7) A speech-language pathologist or audiologist licensed
under Chapter 4753. of the Revised Code;
(8) A dentist or dental hygienist licensed under Chapter
4715. of the Revised Code;
(9) An optometrist licensed under Chapter 4725. of the
Revised Code;
(10) A pharmacist licensed under Chapter 4729. of the Revised
Code;
(11) A psychologist licensed under Chapter 4732. of the
Revised Code;
(12) A chiropractor licensed under Chapter 4734. of the
Revised Code;
(13) A nursing home administrator licensed or temporarily
licensed under Chapter 4751. of the Revised Code;
(14) A professional counselor or professional clinical
counselor licensed under Chapter 4757. of the Revised Code;
(15) A marriage and family therapist or independent marriage
and family therapist licensed under Chapter 4757. of the Revised
Code.
(M) "Religious nonmedical health care institution" means an
institution that meets or exceeds the conditions to receive
payment under the medicare program established under Title XVIII
of the "Social Security Act" for inpatient hospital services or
post-hospital extended care services furnished to an individual in
a religious nonmedical health care institution, as defined in
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286
(1965), 42 U.S.C. 1395x(ss)(1), as amended.
(N) "Competency evaluation program" means a program through
which the competency of a nurse aide to provide nursing and
nursing-related services is evaluated.
(O) "Training and competency evaluation program" means a
program of nurse aide training and evaluation of competency to
provide nursing and nursing-related services.
Sec. 4723.16. (A) An individual whom the board of nursing
licenses, certificates, or otherwise legally authorizes to engage
in the practice of nursing as a registered nurse or as a licensed
practical nurse may render the professional services of a
registered or licensed practical nurse within this state through a
corporation formed under division (B) of section 1701.03 of the
Revised Code, a limited liability company formed under Chapter
1705. of the Revised Code, a partnership, or a professional
association formed under Chapter 1785. of the Revised Code. This
division does not preclude an individual of that nature from
rendering professional services as a registered or licensed
practical nurse through another form of business entity,
including, but not limited to, a nonprofit corporation or
foundation, or in another manner that is authorized by or in
accordance with this chapter, another chapter of the Revised Code,
or rules of the board of nursing adopted pursuant to this chapter.
(B) A corporation, limited liability company, partnership, or
professional association described in division (A) of this section
may be formed for the purpose of providing a combination of the
professional services of the following individuals who are
licensed, certificated, or otherwise legally authorized to
practice their respective professions:
(1) Optometrists who are authorized to practice optometry
under Chapter 4725. of the Revised Code;
(2) Chiropractors who are authorized to practice chiropractic
or acupuncture under Chapter 4734. of the Revised Code;
(3) Psychologists who are authorized to practice psychology
under Chapter 4732. of the Revised Code;
(4) Registered or licensed practical nurses who are
authorized to practice nursing as registered nurses or as licensed
practical nurses under this chapter;
(5) Pharmacists who are authorized to practice pharmacy under
Chapter 4729. of the Revised Code;
(6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to 4755.56 of the Revised
Code;
(7) Occupational therapists who are licensed to practice
occupational therapy under sections 4755.04 to 4755.13 of the
Revised Code;
(8) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the Revised Code;
(9) Doctors of medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery who are licensed,
certificated, or otherwise legally authorized for their respective
practices under Chapter 4731. of the Revised Code;
(10) Counselors, social workers, or marriage and family
therapists, or independent marriage and family therapists who are
authorized to practice counseling, social work, or marriage and
family therapy under Chapter 4757. of the Revised Code.
This division shall apply notwithstanding a provision of a
code of ethics applicable to a nurse that prohibits a registered
or licensed practical nurse from engaging in the practice of
nursing as a registered nurse or as a licensed practical nurse in
combination with a person who is licensed, certificated, or
otherwise legally authorized to practice optometry, chiropractic,
acupuncture through the state chiropractic board, psychology,
pharmacy, physical therapy, occupational therapy, mechanotherapy,
medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery, but who is not also licensed,
certificated, or otherwise legally authorized to engage in the
practice of nursing as a registered nurse or as a licensed
practical nurse.
Sec. 4725.33. (A) An individual whom the state board of
optometry licenses to engage in the practice of optometry may
render the professional services of an optometrist within this
state through a corporation formed under division (B) of section
1701.03 of the Revised Code, a limited liability company formed
under Chapter 1705. of the Revised Code, a partnership, or a
professional association formed under Chapter 1785. of the Revised
Code. This division does not preclude an optometrist from
rendering professional services as an optometrist through another
form of business entity, including, but not limited to, a
nonprofit corporation or foundation, or in another manner that is
authorized by or in accordance with this chapter, another chapter
of the Revised Code, or rules of the state board of optometry
adopted pursuant to this chapter.
(B) A corporation, limited liability company, partnership, or
professional association described in division (A) of this section
may be formed for the purpose of providing a combination of the
professional services of the following individuals who are
licensed, certificated, or otherwise legally authorized to
practice their respective professions:
(1) Optometrists who are authorized to practice optometry
under Chapter 4725. of the Revised Code;
(2) Chiropractors who are authorized to practice chiropractic
or acupuncture under Chapter 4734. of the Revised Code;
(3) Psychologists who are authorized to practice psychology
under Chapter 4732. of the Revised Code;
(4) Registered or licensed practical nurses who are
authorized to practice nursing as registered nurses or as licensed
practical nurses under Chapter 4723. of the Revised Code;
(5) Pharmacists who are authorized to practice pharmacy under
Chapter 4729. of the Revised Code;
(6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to 4755.56 of the Revised
Code;
(7) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the Revised Code;
(8) Doctors of medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery who are authorized for
their respective practices under Chapter 4731. of the Revised
Code;
(9) Counselors, social workers, or marriage and family
therapists, or independent marriage and family therapists who are
authorized to practice counseling, social work, or marriage and
family therapy under Chapter 4757. of the Revised Code.
This division shall apply notwithstanding a provision of a
code of ethics applicable to an optometrist that prohibits an
optometrist from engaging in the practice of optometry in
combination with a person who is licensed, certificated, or
otherwise legally authorized to practice chiropractic, acupuncture
through the state chiropractic board, psychology, nursing,
pharmacy, physical therapy, mechanotherapy, medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery, but who is not also licensed, certificated, or otherwise
legally authorized to engage in the practice of optometry.
Sec. 4729.161. (A) An individual registered with the state
board of pharmacy to engage in the practice of pharmacy may render
the professional services of a pharmacist within this state
through a corporation formed under division (B) of section 1701.03
of the Revised Code, a limited liability company formed under
Chapter 1705. of the Revised Code, a partnership, or a
professional association formed under Chapter 1785. of the Revised
Code. This division does not preclude an individual of that nature
from rendering professional services as a pharmacist through
another form of business entity, including, but not limited to, a
nonprofit corporation or foundation, or in another manner that is
authorized by or in accordance with this chapter, another chapter
of the Revised Code, or rules of the state board of pharmacy
adopted pursuant to this chapter.
(B) A corporation, limited liability company, partnership, or
professional association described in division (A) of this section
may be formed for the purpose of providing a combination of the
professional services of the following individuals who are
licensed, certificated, or otherwise legally authorized to
practice their respective professions:
(1) Optometrists who are authorized to practice optometry
under Chapter 4725. of the Revised Code;
(2) Chiropractors who are authorized to practice chiropractic
or acupuncture under Chapter 4734. of the Revised Code;
(3) Psychologists who are authorized to practice psychology
under Chapter 4732. of the Revised Code;
(4) Registered or licensed practical nurses who are
authorized to practice nursing as registered nurses or as licensed
practical nurses under Chapter 4723. of the Revised Code;
(5) Pharmacists who are authorized to practice pharmacy under
Chapter 4729. of the Revised Code;
(6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to 4755.56 of the Revised
Code;
(7) Occupational therapists who are authorized to practice
occupational therapy under sections 4755.04 to 4755.13 of the
Revised Code;
(8) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the Revised Code;
(9) Doctors of medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery who are authorized for
their respective practices under Chapter 4731. of the Revised
Code;
(10) Counselors, social workers, or marriage and family
therapists, or independent marriage and family therapists who are
authorized to practice counseling, social work, or marriage and
family therapy under Chapter 4757. of the Revised Code.
This division shall apply notwithstanding a provision of a
code of ethics applicable to a pharmacist that prohibits a
pharmacist from engaging in the practice of pharmacy in
combination with a person who is licensed, certificated, or
otherwise legally authorized to practice optometry, chiropractic,
acupuncture through the state chiropractic board, psychology,
nursing, physical therapy, occupational therapy, mechanotherapy,
medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery, but who is not also licensed,
certificated, or otherwise legally authorized to engage in the
practice of pharmacy.
Sec. 4731.226. (A)(1) An individual whom the state medical
board licenses, certificates, or otherwise legally authorizes to
engage in the practice of medicine and surgery, osteopathic
medicine and surgery, or podiatric medicine and surgery may render
the professional services of a doctor of medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery within this state through a corporation formed under
division (B) of section 1701.03 of the Revised Code, a limited
liability company formed under Chapter 1705. of the Revised Code,
a partnership, or a professional association formed under Chapter
1785. of the Revised Code. Division (A)(1) of this section does
not preclude an individual of that nature from rendering
professional services as a doctor of medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery through another form of business entity, including, but
not limited to, a nonprofit corporation or foundation, or in
another manner that is authorized by or in accordance with this
chapter, another chapter of the Revised Code, or rules of the
state medical board adopted pursuant to this chapter.
(2) An individual whom the state medical board authorizes to
engage in the practice of mechanotherapy may render the
professional services of a mechanotherapist within this state
through a corporation formed under division (B) of section 1701.03
of the Revised Code, a limited liability company formed under
Chapter 1705. of the Revised Code, a partnership, or a
professional association formed under Chapter 1785. of the Revised
Code. Division (A)(2) of this section does not preclude an
individual of that nature from rendering professional services as
a mechanotherapist through another form of business entity,
including, but not limited to, a nonprofit corporation or
foundation, or in another manner that is authorized by or in
accordance with this chapter, another chapter of the Revised Code,
or rules of the state medical board adopted pursuant to this
chapter.
(B) A corporation, limited liability company, partnership, or
professional association described in division (A) of this section
may be formed for the purpose of providing a combination of the
professional services of the following individuals who are
licensed, certificated, or otherwise legally authorized to
practice their respective professions:
(1) Optometrists who are authorized to practice optometry
under Chapter 4725. of the Revised Code;
(2) Chiropractors who are authorized to practice chiropractic
or acupuncture under Chapter 4734. of the Revised Code;
(3) Counselors, social workers, or marriage and family
therapists licensed under Chapter 4757. of the Revised Code;
(4) Psychologists who are authorized to practice psychology
under Chapter 4732. of the Revised Code;
(4)(5) Registered or licensed practical nurses who are
authorized to practice nursing as registered nurses or as licensed
practical nurses under Chapter 4723. of the Revised Code;
(5)(6) Pharmacists who are authorized to practice pharmacy
under Chapter 4729. of the Revised Code;
(6)(7) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to 4755.56 of the Revised
Code;
(7)(8) Occupational therapists who are authorized to practice
occupational therapy under sections 4755.04 to 4755.13 of the
Revised Code;
(8)(9) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the Revised Code;
(9)(10) Doctors of medicine and surgery, osteopathic medicine
and surgery, or podiatric medicine and surgery who are authorized
for their respective practices under this chapter.
(C) Division (B) of this section shall apply notwithstanding
a provision of a code of ethics described in division (B)(18) of
section 4731.22 of the Revised Code that prohibits either of the
following:
(1) A doctor of medicine and surgery, osteopathic medicine
and surgery, or podiatric medicine and surgery from engaging in
the doctor's authorized practice in combination with a person who
is licensed, certificated, or otherwise legally authorized to
engage in the practice of optometry, chiropractic, acupuncture
through the state chiropractic board, counseling, social work,
marriage and family therapy, psychology, nursing, pharmacy,
physical therapy, occupational therapy, or mechanotherapy, but who
is not also licensed, certificated, or otherwise legally
authorized to practice medicine and surgery, osteopathic medicine
and surgery, or podiatric medicine and surgery.
(2) A mechanotherapist from engaging in the practice of
mechanotherapy in combination with a person who is licensed,
certificated, or otherwise legally authorized to engage in the
practice of optometry, chiropractic, acupuncture through the state
chiropractic board, counseling, social work, marriage and family
therapy, psychology, nursing, pharmacy, physical therapy,
occupational therapy, medicine and surgery, osteopathic medicine
and surgery, or podiatric medicine and surgery, but who is not
also licensed, certificated, or otherwise legally authorized to
engage in the practice of mechanotherapy.
Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the
Revised Code:
(A)(1) "Clinical laboratory services" means either of the
following:
(a) Any examination of materials derived from the human body
for the purpose of providing information for the diagnosis,
prevention, or treatment of any disease or impairment or for the
assessment of health;
(b) Procedures to determine, measure, or otherwise describe
the presence or absence of various substances or organisms in the
body.
(2) "Clinical laboratory services" does not include the mere
collection or preparation of specimens.
(B) "Designated health services" means any of the following:
(1) Clinical laboratory services;
(2) Home health care services;
(3) Outpatient prescription drugs.
(C) "Fair market value" means the value in arms-length
transactions, consistent with general market value and:
(1) With respect to rentals or leases, the value of rental
property for general commercial purposes, not taking into account
its intended use;
(2) With respect to a lease of space, not adjusted to reflect
the additional value the prospective lessee or lessor would
attribute to the proximity or convenience to the lessor if the
lessor is a potential source of referrals to the lessee.
(D) "Governmental health care program" means any program
providing health care benefits that is administered by the federal
government, this state, or a political subdivision of this state,
including the medicare program established under Title XVIII of
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,
as amended, health care coverage for public employees, health care
benefits administered by the bureau of workers' compensation, and
the medicaid program established under Chapter 5111. of the
Revised Code.
(E)(1) "Group practice" means a group of two or more holders
of certificates under this chapter legally organized as a
partnership, professional corporation or association, limited
liability company, foundation, nonprofit corporation, faculty
practice plan, or similar group practice entity, including an
organization comprised of a nonprofit medical clinic that
contracts with a professional corporation or association of
physicians to provide medical services exclusively to patients of
the clinic in order to comply with section 1701.03 of the Revised
Code and including a corporation, limited liability company,
partnership, or professional association described in division (B)
of section 4731.226 of the Revised Code formed for the purpose of
providing a combination of the professional services of
optometrists who are licensed, certificated, or otherwise legally
authorized to practice optometry under Chapter 4725. of the
Revised Code, chiropractors who are licensed, certificated, or
otherwise legally authorized to practice chiropractic or
acupuncture under Chapter 4734. of the Revised Code, counselors,
social workers, or marriage and family therapists licensed under
Chapter 4757. of the Revised Code, psychologists who are licensed,
certificated, or otherwise legally authorized to practice
psychology under Chapter 4732. of the Revised Code, registered or
licensed practical nurses who are licensed, certificated, or
otherwise legally authorized to practice nursing under Chapter
4723. of the Revised Code, pharmacists who are licensed,
certificated, or otherwise legally authorized to practice pharmacy
under Chapter 4729. of the Revised Code, physical therapists who
are licensed, certificated, or otherwise legally authorized to
practice physical therapy under sections 4755.40 to 4755.56 of the
Revised Code, occupational therapists who are licensed,
certificated, or otherwise legally authorized to practice
occupational therapy under sections 4755.04 to 4755.13 of the
Revised Code, mechanotherapists who are licensed, certificated, or
otherwise legally authorized to practice mechanotherapy under
section 4731.151 of the Revised Code, and doctors of medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery who are licensed, certificated, or otherwise legally
authorized for their respective practices under this chapter, to
which all of the following apply:
(a) Each physician who is a member of the group practice
provides substantially the full range of services that the
physician routinely provides, including medical care,
consultation, diagnosis, or treatment, through the joint use of
shared office space, facilities, equipment, and personnel.
(b) Substantially all of the services of the members of the
group are provided through the group and are billed in the name of
the group and amounts so received are treated as receipts of the
group.
(c) The overhead expenses of and the income from the practice
are distributed in accordance with methods previously determined
by members of the group.
(d) The group practice meets any other requirements that the
state medical board applies in rules adopted under section 4731.70
of the Revised Code.
(2) In the case of a faculty practice plan associated with a
hospital with a medical residency training program in which
physician members may provide a variety of specialty services and
provide professional services both within and outside the group,
as well as perform other tasks such as research, the criteria in
division (E)(1) of this section apply only with respect to
services rendered within the faculty practice plan.
(F) "Home health care services" and "immediate family" have
the same meanings as in the rules adopted under section 4731.70 of
the Revised Code.
(G) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(H) A "referral" includes both of the following:
(1) A request by a holder of a certificate under this chapter
for an item or service, including a request for a consultation
with another physician and any test or procedure ordered by or to
be performed by or under the supervision of the other physician;
(2) A request for or establishment of a plan of care by a
certificate holder that includes the provision of designated
health services.
(I) "Third-party payer" has the same meaning as in section
3901.38 of the Revised Code.
Sec. 4732.28. (A) An individual whom the state board of
psychology licenses, certificates, or otherwise legally authorizes
to engage in the practice of psychology may render the
professional services of a psychologist within this state through
a corporation formed under division (B) of section 1701.03 of the
Revised Code, a limited liability company formed under Chapter
1705. of the Revised Code, a partnership, or a professional
association formed under Chapter 1785. of the Revised Code. This
division does not preclude an individual of that nature from
rendering professional services as a psychologist through another
form of business entity, including, but not limited to, a
nonprofit corporation or foundation, or in another manner that is
authorized by or in accordance with this chapter, another chapter
of the Revised Code, or rules of the state board of psychology
adopted pursuant to this chapter.
(B) A corporation, limited liability company, partnership, or
professional association described in division (A) of this section
may be formed for the purpose of providing a combination of the
professional services of the following individuals who are
licensed, certificated, or otherwise legally authorized to
practice their respective professions:
(1) Optometrists who are authorized to practice optometry
under Chapter 4725. of the Revised Code;
(2) Chiropractors who are authorized to practice chiropractic
or acupuncture under Chapter 4734. of the Revised Code;
(3) Psychologists who are authorized to practice psychology
under this chapter;
(4) Registered or licensed practical nurses who are
authorized to practice nursing as registered nurses or as licensed
practical nurses under Chapter 4723. of the Revised Code;
(5) Pharmacists who are authorized to practice pharmacy under
Chapter 4729. of the Revised Code;
(6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to 4755.56 of the Revised
Code;
(7) Occupational therapists who are authorized to practice
occupational therapy under sections 4755.04 to 4755.13 of the
Revised Code;
(8) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the Revised Code;
(9) Doctors of medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery who are authorized for
their respective practices under Chapter 4731. of the Revised
Code;
(10) Counselors, social workers, or marriage and family
therapists, or independent marriage and family therapists who are
authorized to practice counseling, social work, or marriage and
family therapy under Chapter 4757. of the Revised Code.
This division shall apply notwithstanding a provision of a
code of ethics applicable to a psychologist that prohibits a
psychologist from engaging in the practice of psychology in
combination with a person who is licensed, certificated, or
otherwise legally authorized to practice optometry, chiropractic,
acupuncture through the state chiropractic board, nursing,
pharmacy, physical therapy, occupational therapy, mechanotherapy,
medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery, but who is not also licensed,
certificated, or otherwise legally authorized to engage in the
practice of psychology.
Sec. 4734.17. (A) An individual whom the state chiropractic
board licenses to engage in the practice of chiropractic or
certifies to practice acupuncture may render the professional
services of a chiropractor or chiropractor certified to practice
acupuncture within this state through a corporation formed under
division (B) of section 1701.03 of the Revised Code, a limited
liability company formed under Chapter 1705. of the Revised Code,
a partnership, or a professional association formed under Chapter
1785. of the Revised Code. This division does not preclude a
chiropractor from rendering professional services as a
chiropractor or chiropractor certified to practice acupuncture
through another form of business entity, including, but not
limited to, a nonprofit corporation or foundation, or in another
manner that is authorized by or in accordance with this chapter,
another chapter of the Revised Code, or rules of the state
chiropractic board adopted pursuant to this chapter.
(B) A corporation, limited liability company, partnership, or
professional association described in division (A) of this section
may be formed for the purpose of providing a combination of the
professional services of the following individuals who are
licensed, certificated, or otherwise legally authorized to
practice their respective professions:
(1) Optometrists who are authorized to practice optometry,
under Chapter 4725. of the Revised Code;
(2) Chiropractors who are authorized to practice chiropractic
or acupuncture under this chapter;
(3) Psychologists who are authorized to practice psychology
under Chapter 4732. of the Revised Code;
(4) Registered or licensed practical nurses who are
authorized to practice nursing as registered nurses or as licensed
practical nurses under Chapter 4723. of the Revised Code;
(5) Pharmacists who are authorized to practice pharmacy under
Chapter 4729. of the Revised Code;
(6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to 4755.56 of the Revised
Code;
(7) Occupational therapists who are authorized to practice
occupational therapy under sections 4755.04 to 4755.13 of the
Revised Code;
(8) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the Revised Code;
(9) Doctors of medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery who are authorized for
their respective practices under Chapter 4731. of the Revised
Code;
(10) Counselors, social workers, or marriage and family
therapists, or independent marriage and family therapists who are
authorized to practice counseling, social work, or marriage and
family therapy under Chapter 4757. of the Revised Code.
This division shall apply notwithstanding a provision of any
code of ethics established or adopted under section 4734.16 of the
Revised Code that prohibits an individual from engaging in the
practice of chiropractic or acupuncture in combination with an
individual who is licensed, certificated, or otherwise authorized
for the practice of optometry, psychology, nursing, pharmacy,
physical therapy, occupational therapy, mechanotherapy, medicine
and surgery, osteopathic medicine and surgery, or podiatric
medicine and surgery, but who is not also licensed under this
chapter to engage in the practice of chiropractic.
Sec. 4755.471. (A) An individual whom the physical therapy
section of the Ohio occupational therapy, physical therapy, and
athletic trainers board licenses, certificates, or otherwise
legally authorizes to engage in the practice of physical therapy
may render the professional services of a physical therapist
within this state through a corporation formed under division (B)
of section 1701.03 of the Revised Code, a limited liability
company formed under Chapter 1705. of the Revised Code, a
partnership, or a professional association formed under Chapter
1785. of the Revised Code. This division does not preclude an
individual of that nature from rendering professional services as
a physical therapist through another form of business entity,
including, but not limited to, a nonprofit corporation or
foundation, or in another manner that is authorized by or in
accordance with sections 4755.40 to 4755.53 of the Revised Code,
another chapter of the Revised Code, or rules of the Ohio
occupational therapy, physical therapy, and athletic trainers
board adopted pursuant to sections 4755.40 to 4755.53 of the
Revised Code.
(B) A corporation, limited liability company, partnership, or
professional association described in division (A) of this section
may be formed for the purpose of providing a combination of the
professional services of the following individuals who are
licensed, certificated, or otherwise legally authorized to
practice their respective professions:
(1) Optometrists who are authorized to practice optometry
under Chapter 4725. of the Revised Code;
(2) Chiropractors who are authorized to practice chiropractic
or acupuncture under Chapter 4734. of the Revised Code;
(3) Psychologists who are authorized to practice psychology
under Chapter 4732. of the Revised Code;
(4) Registered or licensed practical nurses who are
authorized to practice nursing as registered nurses or as licensed
practical nurses under Chapter 4723. of the Revised Code;
(5) Pharmacists who are authorized to practice pharmacy under
Chapter 4729. of the Revised Code;
(6) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to 4755.56 of the Revised
Code;
(7) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the Revised Code;
(8) Doctors of medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery who are authorized for
their respective practices under Chapter 4731. of the Revised
Code;
(9) Counselors, social workers, or marriage and family
therapists, or independent marriage and family therapists who are
authorized to practice counseling, social work, or marriage and
family therapy under Chapter 4757. of the Revised Code.
This division shall apply notwithstanding a provision of a
code of ethics applicable to a physical therapist that prohibits a
physical therapist from engaging in the practice of physical
therapy in combination with a person who is licensed,
certificated, or otherwise legally authorized to practice
optometry, chiropractic, acupuncture through the state
chiropractic board, psychology, nursing, pharmacy, mechanotherapy,
medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery, but who is not also licensed,
certificated, or otherwise legally authorized to engage in the
practice of physical therapy.
Sec. 4757.03. (A) There is hereby created the counselor,
social worker, and marriage and family therapist board, consisting
of fifteen members. The governor shall appoint the members with
the advice and consent of the senate.
(1) Four of the members shall be individuals licensed under
this chapter as professional clinical counselors or professional
counselors. At all times, the counselor membership shall include
at least two licensed professional clinical counselors, at least
one individual who has received a doctoral degree in counseling
from an accredited educational institution recognized by the board
and holds a graduate level teaching position in a counselor
education program, and at least two individuals who have received
at least a master's degree in counseling from an accredited
educational institution recognized by the board.
Two of the (2) Four members shall be individuals licensed
under this chapter as independent marriage and family therapists
and two shall be individuals licensed under this chapter as or
marriage and family therapists or, if the board has not yet
licensed independent marriage and family therapists or marriage
and family therapists, eligible for licensure as independent
marriage and family therapists or marriage and family therapists.
They shall have, during the five years preceding appointment,
actively engaged in the practice of marriage and family therapy,
in educating and training master's, doctoral, or postdoctoral
students of marriage and family therapy, or in marriage and family
therapy research and, during the two years immediately preceding
appointment, shall have devoted the majority of their professional
time to the activity while residing in this state. At all times,
the marriage and family therapist membership shall include one
educator who holds a teaching position in a master's degree
marriage and family therapy program at an accredited educational
institution recognized by the board.
(3) Two members shall be individuals licensed under this
chapter as independent social workers. Two members shall be
individuals licensed under this chapter as social workers, at
least one of whom must hold a bachelor's or master's degree in
social work from an accredited educational institution recognized
by the board. At all times, the social worker membership shall
include one educator who holds a teaching position in a
baccalaureate or master's degree social work program at an
accredited educational institution recognized by the board.
(4) Three members shall be representatives of the general
public who have not practiced professional counseling, marriage
and family therapy, or social work and have not been involved in
the delivery of professional counseling, marriage and family
therapy, or social work services. At least one of the members
representing the general public shall be at least sixty years of
age. During their terms the public members shall not practice
professional counseling, marriage and family therapy, or social
work or be involved in the delivery of professional counseling,
marriage and family therapy, or social work services.
(B) Each member appointed to the board, during the five years
preceding appointment, shall have actively engaged in the practice
of their respective professions, in educating and training
master's, doctoral, or postdoctoral students of their respective
professions, or in research in their respective professions, and,
during the two years immediately preceding appointment, shall have
devoted the majority of their professional time to the activity
while residing in this state.
(C) At least three appointed members, one from each
professional standards committee, who are licensed by the board,
during the five years preceding appointment, shall have practiced
at a public agency or at an organization that was certified or
licensed by the department of developmental disabilities, the
department of alcohol and drug addiction services, the department
of job and family services, or the department of mental health.
(D) Not more than eight members of the board may be members
of the same political party or sex. At
(E) At least one member of the board shall be of African,
Native American, Hispanic, or Asian descent.
Of the initial appointees, three shall be appointed for terms
ending October 10, 1985, four shall be appointed for terms ending
October 10, 1986, and four shall be appointed for terms ending
October 10, 1987. Of the two initial independent marriage and
family therapists appointed to the board, one shall be appointed
for a term ending two years after the effective date of this
amendment and one for a term ending three years after that date.
Of the two initial marriage and family therapists appointed to the
board, one shall be appointed for a term ending two years after
the effective date of this amendment and one for a term ending
three years after that date. After the initial appointments, terms
(F) Terms of office shall be three years, each term ending on
the same day of the same month of the year as did the term that it
succeeds. As a result of the dates of initial appointment, the
number of terms expiring each year are four, five, or six.
(G) A member shall hold office from the date of appointment
until the end of the term for which the member was appointed. A
member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term. A
member shall continue in office after the expiration date of the
member's term until a successor takes office or until a period of
sixty days has elapsed, whichever occurs first. Members may be
reappointed, except that if a person has held office for two
consecutive full terms, the person shall not be reappointed to the
board sooner than one year after the expiration of the second full
term as a member of the board.
Sec. 4757.13. (A) Each individual who engages in the practice
of counseling, social work, or marriage and family therapy shall
prominently display, in a conspicuous place in the office or place
where a major portion of the individual's practice is conducted,
and in such a manner as to be easily seen and read, the license
granted to the individual by the state counselor, social worker,
and marriage and family therapist board.
(B) A licensee engaged in a private individual practice,
partnership, or group practice shall prominently display the
licensee's fee schedule in the office or place where a major
portion of the licensee's practice is conducted. The bottom of the
first page of the fee schedule shall include the following
statement, which shall be followed by the name, address, and
telephone number of the board:
"This information is required by the Counselor, Social
Worker, and Marriage and Family Therapist Board, which regulates
the practices of professional counseling, social work, and
marriage and family therapy in this state."
Sec. 4757.16. (A) A person seeking to be licensed under this
chapter as a professional clinical counselor or professional
counselor shall file with the counselors professional standards
committee of the counselor, social worker, and marriage and family
therapist board a written application on a form prescribed by the
board. A person seeking to be licensed under this chapter as an
independent social worker or social worker or registered under
this chapter as a social work assistant shall file with the social
workers professional standards committee of the board a written
application on a form prescribed by the board. A person seeking to
be licensed under this chapter as an independent marriage and
family therapist or a marriage and family therapist shall file
with the marriage and family therapist professional standards
committee of the board a written application on a form prescribed
by the board.
Each form prescribed by the board shall contain a statement
informing the applicant that a person who knowingly makes a false
statement on the form is guilty of falsification under section
2921.13 of the Revised Code, a misdemeanor of the first degree.
(B) The professional standards committees shall adopt rules
under Chapter 119. of the Revised Code concerning the process for
review of each application received and shall to determine whether
the applicant meets the requirements to receive the license or
certificate of registration for which application has been made.
Sec. 4757.22. (A) The counselors professional standards
committee of the counselor, social worker, and marriage and family
therapist board shall issue a license to practice as a
professional clinical counselor to each applicant who submits a
properly completed application, pays the fee established under
section 4757.31 of the Revised Code, and meets the requirements
specified in division (B) of this section.
(B) To be eligible for a professional clinical counselor
license, an individual must meet the following requirements:
(1) The individual must be of good moral character.
(2) The individual must hold from an accredited educational
institution a graduate degree in counseling.
(3) The individual must complete a minimum of ninety quarter
hours or sixty semester hours of graduate credit in counselor
training acceptable to the committee, including a minimum of
thirty quarter hours of instruction in the following areas:
(a) Clinical psychopathology, personality, and abnormal
behavior;
(b) Evaluation of mental and emotional disorders;
(c) Diagnosis of mental and emotional disorders;
(d) Methods of prevention, intervention, and treatment of
mental and emotional disorders.
(4) The individual must complete, in either a private or
clinical counseling setting, supervised experience in counseling
that is of a type approved by the committee, is supervised by a
professional clinical counselor or other qualified professional
approved by the committee, and is in the following amounts:
(a) In the case of an individual holding only a master's
degree, not less than two years of experience, which must be
completed after the award of the master's degree;
(b) In the case of an individual holding a doctorate, not
less than one year of experience, which must be completed after
the award of the doctorate.
(5) The individual must pass a field evaluation that meets
the following requirements:
(a) Has been completed by the applicant's instructors,
employers, supervisors, or other persons determined by the
committee to be competent to evaluate an individual's professional
competence;
(b) Includes documented evidence of the quality, scope, and
nature of the applicant's experience and competence in diagnosing
and treating mental and emotional disorders.
(6) The individual must pass an examination administered by
the board for the purpose of determining ability to practice as a
professional clinical counselor.
(C) To be accepted by the committee for purposes of division
(B) of this section, counselor training must include at least the
following:
(1) Instruction in human growth and development; counseling
theory; counseling techniques; group dynamics, processing, and
counseling; appraisal of individuals; research and evaluation;
professional, legal, and ethical responsibilities; social and
cultural foundations; and lifestyle and career development;
(2) Participation in a supervised practicum and internship in
counseling.
(D) The committee may issue a provisional license to an
applicant who meets all of the requirements to be licensed under
this section, pending the receipt of transcripts or action by the
committee to issue a license to practice as a professional
clinical counselor.
(E) An individual may not sit for the licensing examination
unless the individual meets the educational requirements to be
licensed under this section. An individual who is denied admission
to the licensing examination may appeal the denial in accordance
with Chapter 119. of the Revised Code.
(F) The board shall adopt any rules necessary for the
committee to implement this section, including criteria for the
committee to use in determining whether an applicant's training
should be accepted and supervised experience approved, and
including a rule that:
(1) Requires that a graduate degree in counseling that is
obtained after January 1, 2018, from an Ohio mental health
counseling program, in order to meet the requirements of division
(B)(2) of this section, is from an institution accredited by the
council for accreditation of counseling and related educational
programs (CACREP) in clinical mental health counseling or
addiction counseling and other programs approved by the board;
(2) Stipulates that CACREP accredited programs in clinical
mental health counseling and, until January 1, 2018, mental health
counseling, and any other program area approved by the board by
rule are deemed to have met the licensure educational requirements
of division (B)(3) of this section;
(3) Establishes course content requirements for qualifying
counseling degrees from counseling programs that are not CACREP
accredited clinical mental health or addiction counseling programs
and for graduate degrees accredited by other counseling
accreditation programs recognized by the board.
Rules adopted under this division shall be adopted in
accordance with Chapter 119. of the Revised Code.
Sec. 4757.23. (A) The counselors professional standards
committee of the counselor, social worker, and marriage and family
therapist board shall issue a license as a professional counselor
to each applicant who submits a properly completed application,
pays the fee established under section 4757.31 of the Revised
Code, and meets the requirements established under division (B) of
this section.
(B) To be eligible for a license as a professional counselor,
an individual must meet the following requirements:
(1) The individual must be of good moral character.
(2) The individual must hold from an accredited educational
institution a graduate degree in counseling.
(3) The individual must complete a minimum of ninety quarter
hours or sixty semester hours of graduate credit in counselor
training acceptable to the committee, which the individual may
complete while working toward receiving a graduate degree in
counseling, or subsequent to receiving the degree, and which shall
include training in the following areas:
(a) Clinical psychopathology, personality, and abnormal
behavior;
(b) Evaluation of mental and emotional disorders;
(c) Diagnosis of mental and emotional disorders;
(d) Methods of prevention, intervention, and treatment of
mental and emotional disorders.
(4) The individual must pass an examination administered by
the board for the purpose of determining ability to practice as a
professional counselor.
(C) To be accepted by the committee for purposes of division
(B) of this section, counselor training must include at least the
following:
(1) Instruction in human growth and development; counseling
theory; counseling techniques; group dynamics, processing, and
counseling; appraisal of individuals; research and evaluation;
professional, legal, and ethical responsibilities; social and
cultural foundations; and lifestyle and career development;
(2) Participation in a supervised practicum and internship in
counseling.
(D) The committee may issue a provisional license to an
applicant who meets all of the requirements to be licensed under
this section, pending the receipt of transcripts or action by the
committee to issue a license as a professional counselor.
(E) An individual may not sit for the licensing examination
unless the individual meets the educational requirements to be
licensed under this section. An individual who is denied admission
to the licensing examination may appeal the denial in accordance
with Chapter 119. of the Revised Code.
(F) The board shall adopt any rules necessary for the
committee to implement this section, including criteria for the
committee to use in determining whether an applicant's training
should be accepted and supervised experience approved, and
including a rule that:
(1) Requires that a graduate degree in counseling that is
obtained after January 1, 2018, from an Ohio mental health
counseling program, in order to meet the requirements of division
(B)(2) of this section, is from an institution accredited by the
council for accreditation of counseling and related educational
programs (CACREP) and other CACREP accredited programs approved by
the board by rule;
(2) Establishes that individuals that have a graduate degree
in clinical mental health counseling from a CACREP accredited
program are deemed to have met the licensure educational
requirements of division (B)(3) of this section;
(3) Establishes requirements for qualifying counseling
degrees from counseling programs that are not CACREP accredited
programs, and for graduate degrees accredited by other counseling
accreditation programs recognized by the board.
Rules adopted under this division shall be adopted in
accordance with Chapter 119. of the Revised Code.
(G) The board shall adopt rules for registration of master's
level counseling students enrolled in practice and internships.
The rules adopted under this division shall not require that a
master level student register with the board, and shall prohibit
any adverse affect, with respect to a student's application for
licensure from the board, if the student has not registered.
Sec. 4757.27. (A) The social workers professional standards
committee of the counselor, social worker, and marriage and family
therapist board shall issue a license as an independent social
worker to each applicant who submits a properly completed
application, pays the fee established under section 4757.31 of the
Revised Code, and meets the requirements specified in division (B)
of this section. An independent social worker license shall
clearly indicate each academic degree earned by the person to whom
it has been issued.
(B) To be eligible for a license as an independent social
worker, an individual must meet the following requirements:
(1) The individual must be of good moral character.
(2) The individual must hold from an a council on social work
education (CSWE) accredited educational institution a master's
degree or a doctorate in social work.
(3) The individual must complete at least two years of
post-master's degree social work experience supervised by an
independent social worker.
(4) The individual must pass an examination administered by
the board for the purpose of determining ability to practice as an
independent social worker.
(C) The committee may issue a temporary license to an
applicant who meets all of the requirements to be licensed under
this section, pending the receipt of transcripts or action by the
committee to issue a license as an independent social worker.
(D) The board shall adopt any rules necessary for the
committee to implement this section, including criteria for the
committee to use in determining whether an applicant's training
should be accepted and supervised experience approved. Rules
adopted under this division shall be adopted in accordance with
Chapter 119. of the Revised Code.
(E) The board shall adopt rules for registration of master
level social worker students enrolled in fieldwork, practice, and
internships. The rules adopted under this division shall not
require that a master level student register with the board, and
shall prohibit any adverse affect, with respect to a student's
application for licensure from the board, if the student has not
registered.
Sec. 4757.28. (A) The social workers professional standards
committee of the counselor, social worker, and marriage and family
therapist board shall issue a license as a social worker to each
applicant who submits a properly completed application, pays the
fee established under section 4757.31 of the Revised Code, and
meets the requirements specified in division (B) of this section.
A social worker license shall clearly indicate each academic
degree earned by the person to whom it is issued.
(B) To be eligible for a license as a social worker, an
individual must meet the following requirements:
(1) The individual must be of good moral character.
(2) The individual must hold from an accredited educational
institution one of the following:
(a) A baccalaureate degree in social work or, prior to
October 10, 1992, a baccalaureate degree in a program closely
related to social work and approved by the committee;
(b) A master's degree in social work;
(c) A doctorate in social work.
(3) The individual must pass an examination administered by
the board for the purpose of determining ability to practice as a
social worker.
(C) The committee may issue a temporary license to an
applicant who meets all of the requirements to be licensed under
this section, pending the receipt of transcripts or action by the
committee to issue a license as a social worker. However, the
committee may issue a temporary license to an applicant who
provides the board with a statement from the applicant's academic
institution indicating that the applicant is in good standing with
the institution, that the applicant has met the academic
requirements for the applicant's degree, and the date the
applicant will receive the applicant's degree.
(D) The board shall adopt any rules necessary for the
committee to implement this section, including criteria for the
committee to use in determining whether an applicant's training
should be accepted and supervised experience approved. Rules
adopted under this division shall be adopted in accordance with
Chapter 119. of the Revised Code.
Sec. 4757.29. (A) The social workers professional standards
committee of the counselor, social worker, and marriage and family
therapist board shall issue a certificate of registration as a
social work assistant to each applicant who submits a properly
completed application, pays the fee established under section
4757.31 of the Revised Code, is of good moral character, and holds
from an accredited educational institution an associate degree in
social service technology or a bachelor's degree that is
equivalent to an associate degree in social service technology or
a related bachelor's or higher degree that is approved by the
committee.
(B) On and after March 18, 1997, a counselor assistant
certificate of registration issued under former section 4757.08 of
the Revised Code shall be considered a certificate of registration
as a social work assistant. The holder of the certificate is
subject to the supervision requirements specified in section
4757.26 of the Revised Code, the continuing education requirements
specified in section 4757.33 of the Revised Code, and regulation
by the social workers professional standards committee. On the
first renewal occurring after March 18, 1997, the committee shall
issue a certificate of registration as a social work assistant to
each former counselor assistant who qualifies for renewal.
(C) The social workers professional standards committee shall
issue a certificate of registration as a social work assistant to
any person who, on or before March 18, 1998, meets the
requirements for a certificate of registration as a counselor
assistant pursuant to division (A)(3) of former section 4757.08 of
the Revised Code, submits a properly completed application, pays
the fee established under section 4757.31 of the Revised Code, and
is of good moral character.
Sec. 4757.30. (A) The marriage and family therapist
professional standards committee of the counselor, social worker,
and marriage and family therapist board shall issue a license to
practice as a marriage and family therapist to a person who has
done all of the following:
(1) Properly completed an application for the license;
(2) Paid the required fee established by the board under
section 4757.31 of the Revised Code;
(3) Achieved one of the following:
(a) Received from an educational institution accredited at
the time the degree was granted by a regional accrediting
organization recognized by the board a master's degree or a
doctorate in marriage and family therapy;
(b) Completed a graduate degree that includes a minimum of
ninety quarter hours of graduate level course work in marriage and
family therapy training that is acceptable to the committee;
(4) Passed an examination administered by the board for the
purpose of determining the person's ability to be a marriage and
family therapist;
(5) Completed a practicum that includes at least three
hundred hours of client contact.
(B) To be accepted by the committee for purposes of division
(A)(3)(b) of this section, marriage and family therapist training
must include instruction in at least the following:
(1) Research and evaluation;
(2) Professional, legal, and ethical responsibilities;
(3) Marriage and family studies;
(4) Marriage and family therapy, including therapeutic theory
and techniques for individuals, groups, and families;
(6) Appraisal of individuals and families;
(7) Diagnosis of mental and emotional disorders;
(C) The marriage and family therapist professional standards
committee shall issue a license to practice as an independent
marriage and family therapist to a person who does both of the
following:
(1) Meets all of the requirements of division (A) of this
section;
(2) After meeting the requirements of division (A)(3) of this
section, completes at least two calendar years of work experience
in marriage and family therapy.
The two calendar years of work experience must include one
thousand hours of documented client contact in marriage and family
therapy. Two hundred hours of the one thousand hours must include
face-to-face supervision by a supervisor whose training and
experience meets standards established by the board in rules
adopted under section 4757.10 of the Revised Code and one hundred
hours of the two hundred hours of supervision must be individual
supervision.
(D) An independent marriage and family therapist or a
marriage and family therapist may engage in the private practice
of marriage and family therapy as an individual practitioner or as
a member of a partnership or group practice.
(E) A marriage and family therapist may diagnose and treat
mental and emotional disorders only under the supervision of a
psychologist, psychiatrist, professional clinical counselor,
independent social worker, or independent marriage and family
therapist. An independent marriage and family therapist may
diagnose and treat mental and emotional disorders without
supervision.
(F) Nothing in this chapter or rules adopted under it
authorizes an independent marriage and family therapist or a
marriage and family therapist to admit a patient to a hospital or
requires a hospital to allow a marriage and family therapist to
admit a patient.
(G) An independent marriage and family therapist or a
marriage and family therapist may not diagnose, treat, or advise
on conditions outside the recognized boundaries of the marriage
and family therapist's competency. An independent marriage and
family therapist or a marriage and family therapist shall make
appropriate and timely referrals when a client's needs exceed the
marriage and family therapist's competence level.
(H) The board shall adopt rules for voluntary registration of
master level marriage and family therapy students enrolled in
practice and internships.
Sec. 4757.31. (A) Subject to division (B) of this section,
the counselor, social worker, and marriage and family therapist
board shall establish, and may from time to time adjust, fees to
be charged for the following:
(1) Examination for licensure as a professional clinical
counselor, professional counselor, marriage and family therapist,
independent marriage and family therapist, social worker, or
independent social worker;
(2) Initial licenses of professional clinical counselors,
professional counselors, marriage and family therapists,
independent marriage and family therapists, social workers, and
independent social workers, except that the board shall charge
only one fee to a person who fulfills all requirements for more
than one of the following initial licenses: an initial license as
a social worker or independent social worker, an initial license
as a professional counselor or professional clinical counselor,
and an initial license as a marriage and family therapist or
independent marriage and family therapist;
(3) Initial certificates of registration of social work
assistants;
(4) Renewal and late renewal of licenses of professional
clinical counselors, professional counselors, marriage and family
therapists, independent marriage and family therapists, social
workers, and independent social workers and renewal and late
renewal of certificates of registration of social work assistants;
(5) Verification, to another jurisdiction, of a license or
registration issued by the board;
(6) Continuing education programs offered by the board to
licensees or registrants;
(7) Approval of continuing education programs;
(8) Approval of continuing education providers to be
authorized to offer continuing education programs without prior
approval from the board for each program offered;
(9) Issuance of a replacement copy of any wall certificate
issued by the board;
(10) Late completion of continuing counselor, social worker,
or marriage and family therapy education required under section
4757.33 of the Revised Code and the rules adopted thereunder.
(B) The fees charged under division (A)(1) of this section
shall be established in amounts sufficient to cover the direct
expenses incurred in examining applicants for licensure. The fees
charged under divisions (A)(2) to (9) of this section shall be
nonrefundable and shall be established in amounts sufficient to
cover the necessary expenses in administering this chapter and
rules adopted under it that are not covered by fees charged under
division (A)(1) or (C) of this section. The renewal fee for a
license or certificate of registration shall not be less than the
initial fee for that license or certificate. The fees charged for
licensure and registration and the renewal of licensure and
registration may differ for the various types of licensure and
registration, but shall not exceed one hundred twenty-five dollars
each, unless the board determines that amounts in excess of one
hundred twenty-five dollars are needed to cover its necessary
expenses in administering this chapter and rules adopted under it
and the amounts in excess of one hundred twenty-five dollars are
approved by the controlling board.
(C) All receipts of the board shall be deposited in the state
treasury to the credit of the occupational licensing and
regulatory fund. All vouchers of the board shall be approved by
the chairperson or executive director of the board, or both, as
authorized by the board.
Sec. 4757.33. (A) Except as provided in division (B) of this
section, each person who holds a license or certificate of
registration issued under this chapter shall complete during the
period that the license or certificate is in effect not less than
thirty clock hours of continuing professional education as a
condition of receiving a renewed license or certificate. To have a
lapsed license or certificate of registration restored, a person
shall complete the number of hours of continuing education
specified by the counselor, social worker, and marriage and family
therapist board in rules it shall adopt in accordance with Chapter
119. of the Revised Code.
The professional standards committees of the counselor,
social worker, and marriage and family therapist board shall adopt
rules in accordance with Chapter 119. of the Revised Code
establishing standards and procedures to be followed by the
committees in conducting the continuing education approval
process, which shall include registering individuals and entities
to provide approved continuing education programs.
(B) The board may waive the continuing education requirements
established under this section for persons who are unable to
fulfill them because of military service, illness, residence
abroad, or any other reason the committee considers acceptable.
In the case of a social worker licensed by virtue of
receiving, prior to October 10, 1992, a baccalaureate degree in a
program closely related to social work, as a condition of the
first renewal of the license, the social worker must complete at
an accredited educational institution a minimum of five semester
hours of social work graduate or undergraduate credit, or their
equivalent, that is acceptable to the committee and includes a
course in social work theory and a course in social work methods.
Sec. 4757.36. (A) The appropriate professional standards
committee of the counselor, social worker, and marriage and family
therapist board may, in accordance with Chapter 119. of the
Revised Code, take any action specified in division (B) of this
section against an individual who has applied for or holds a
license to practice as a professional clinical counselor,
professional counselor, independent marriage and family therapist,
marriage and family therapist, social worker, or independent
social worker, or a certificate of registration to practice as a
social work assistant, counselor trainee, social worker trainee,
or marriage and family therapist trainee, for any reason described
in division (C) of this section. The board may, under Chapter 119.
of the Revised Code, take any action specified in division (B) of
this section against an individual or entity who has applied for
or holds a registration under the rules enacted under section
4757.33 of the Revised Code to offer continuing education courses
or programs under the board's approval.
(B) In its imposition of sanctions against an individual or a
registered entity providing continuing education programs, the
board may do any of the following:
(1) Refuse to issue or refuse to renew a license or
certificate of registration;
(2) Suspend, revoke, or otherwise restrict a license or
certificate of registration;
(3) Reprimand an individual holding a license or certificate
of registration;
(4) Impose a fine in accordance with the graduated system of
fines established by the board in rules adopted under section
4757.10 of the Revised Code.
(C) The appropriate professional standards committee of the
board may take an action specified in division (B) of this section
for any of the following reasons:
(1) Commission of an act that violates any provision of this
chapter or rules adopted under it;
(2) Knowingly making a false statement on an application for
licensure or registration, or for renewal of a license or
certificate of registration;
(3) Accepting a commission or rebate for referring persons to
any professionals licensed, certified, or registered by any court
or board, commission, department, division, or other agency of the
state, including, but not limited to, individuals practicing
counseling, social work, or marriage and family therapy or
practicing in fields related to counseling, social work, or
marriage and family therapy;
(4) A failure to comply with section 4757.12 4757.13 of the
Revised Code;
(5) A conviction in this or any other state of a crime that
is a felony in this state;
(6) A failure to perform properly as a professional clinical
counselor, professional counselor, independent marriage and family
therapist, marriage and family therapist, social work assistant,
social worker, or independent social worker due to the use of
alcohol or other drugs or any other physical or mental condition;
(7) A conviction in this state or in any other state of a
misdemeanor committed in the course of practice as a professional
clinical counselor, professional counselor, independent marriage
and family therapist, marriage and family therapist, social work
assistant, social worker, or independent social worker;
(8) Practicing outside the scope of practice applicable to
that person;
(9) Practicing in violation of the supervision requirements
specified under sections 4757.21 and 4757.26, and division (E) of
section 4757.30, of the Revised Code;
(10) A violation of the person's code of ethical practice
adopted by rule of the board pursuant to section 4757.11 of the
Revised Code;
(11) Revocation or suspension of a license or certificate of
registration, other disciplinary action against a licensee or
registrant, or the voluntary surrender of a license or certificate
of registration in another state or jurisdiction for an offense
that would be a violation of this chapter.
(D) One year or more after the date of suspension or
revocation of a license or certificate of registration under this
section, application may be made to the appropriate professional
standards committee for reinstatement. The committee may accept
approve or
refuse deny an application for reinstatement. If a
license has been suspended or revoked, the committee may require
an examination for reinstatement.
(E) On request of the board, the attorney general shall bring
and prosecute to judgment a civil action to collect any fine
imposed under division (B)(4) of this section that remains unpaid.
(F) All fines collected under division (B)(4) of this section
shall be deposited into the state treasury to the credit of the
occupational licensing and regulatory fund.
Sec. 4757.37. (A) An individual whom the counselor, social
worker, and marriage and family therapist board licenses,
certificates, or otherwise legally authorizes to engage in the
practice of counseling, social work, or marriage and family
therapy may render the professional services of a counselor,
social worker, or marriage and family therapist within this state
through a corporation formed under division (B) of section 1701.03
of the Revised Code, a limited liability company formed under
Chapter 1705. of the Revised Code, a partnership, or a
professional association formed under Chapter 1785. of the Revised
Code. This division does not preclude such an individual from
rendering professional services as a counselor, social worker, or
marriage and family therapist through another form of business
entity, including, but not limited to, a nonprofit corporation or
foundation, or in another manner that is authorized by or in
accordance with this chapter, another chapter of the Revised Code,
or rules of the counselor, social worker, and marriage and family
therapist board adopted pursuant to this chapter.
(B) A corporation, limited liability company, partnership, or
professional association described in division (A) of this section
may be formed for the purpose of providing a combination of the
professional services of the following individuals who are
licensed, certificated, or otherwise legally authorized to
practice their respective professions:
(1) Optometrists who are authorized to practice optometry
under Chapter 4725. of the Revised Code;
(2) Chiropractors who are authorized to practice chiropractic
or acupuncture under Chapter 4734. of the Revised Code;
(3) Counselors, social workers, or marriage and family
therapists who are authorized to practice counseling, social work,
or marriage and family therapy under this chapter;
(4) Psychologists who are authorized to practice psychology
under Chapter 4732. of the Revised Code;
(5) Registered or licensed practical nurses who are
authorized to practice nursing as registered nurses or as licensed
practical nurses under Chapter 4723. of the Revised Code;
(6) Pharmacists who are authorized to practice pharmacy under
Chapter 4729. of the Revised Code;
(7) Physical therapists who are authorized to practice
physical therapy under sections 4755.40 to 4755.56 of the Revised
Code;
(8) Occupational therapists who are authorized to practice
occupational therapy under sections 4755.04 to 4755.13 of the
Revised Code;
(9) Mechanotherapists who are authorized to practice
mechanotherapy under section 4731.151 of the Revised Code;
(10) Doctors of medicine and surgery, osteopathic medicine
and surgery, or podiatric medicine and surgery who are authorized
for their respective practices under Chapter 4731. of the Revised
Code.
This division applies notwithstanding a provision of a code
of ethics applicable to a counselor, social worker, or marriage
and family therapist that prohibits a counselor, social worker, or
marriage and family therapist from engaging in the practice of
counseling, social work, or marriage and family therapy in
combination with a person who is licensed, certificated, or
otherwise legally authorized to practice optometry, chiropractic,
acupuncture (through the state chiropractic board), nursing,
pharmacy, physical therapy, psychology, occupational therapy,
mechanotherapy, medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery, but who is not also
licensed, certificated, or otherwise legally authorized to engage
in the practice of counseling, social work, or marriage and family
therapy.
Sec. 4757.41. (A) This chapter shall not apply to the
following:
(1) A person certified by the state board of education under
Chapter 3319. of the Revised Code while performing any services
within the person's scope of 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 in a program operated under Chapter 5126. of the
Revised Code for training individuals with mental retardation or
other developmental disabilities;
(2) Psychologists or school psychologists licensed under
Chapter 4732. of the Revised Code;
(3) Members of other professions licensed, certified, or
registered by this state while performing services within the
recognized scope, standards, and ethics of their respective
professions;
(4) Rabbis, priests, Christian science practitioners, clergy,
or members of religious orders and other individuals participating
with them in pastoral counseling when the counseling activities
are within the scope of the performance of their regular or
specialized ministerial duties and are performed under the
auspices or sponsorship of an established and legally cognizable
church, denomination, or sect or an integrated auxiliary of a
church as defined in federal tax regulations, paragraph (g)(5) of
26 C.F.R. 1.6033-2 (1995), and when the individual rendering the
service remains accountable to the established authority of that
church, denomination, sect, or integrated auxiliary;
(5) Any person employed in the civil service as defined in
section 124.01 of the Revised Code while engaging in social work
or professional counseling as a civil service employee, so long as
the person has at least two years of service on the effective date
of this amendment;
(6) A student in an accredited educational institution while
carrying out activities that are part of the student's prescribed
course of study if the activities are supervised as required by
the educational institution and if the student does not hold
herself or himself out as a person licensed or registered under
this chapter;
(7) Until two years after the date the department of alcohol
and drug addiction services ceases to administer its process for
the certification or credentialing of chemical dependency
counselors and alcohol and other drug prevention specialists under
section 3793.07 of the Revised Code, as specified in division (B)
of that section, or in the case of an individual who has the
expiration date of the individual's certificate or credentials
delayed under section 4758.04 of the Revised Code, until the date
of the delayed expiration, individuals with certification or
credentials accepted by the department under that section who are
acting within the scope of their certification or credentials as
members of the profession of chemical dependency counseling or as
alcohol and other drug prevention specialists;
(8)(6) Individuals who hold a license or certificate under
Chapter 4758. of the Revised Code who are acting within the scope
of their license or certificate as members of the profession of
chemical dependency counseling or alcohol and other drug
prevention services;
(9)(7) Any person employed by the American red cross while
engaging in activities relating to services for military families
and veterans and disaster relief, as described in the "American
National Red Cross Act," 33 Stat. 599 (1905), 36 U.S.C.A. 1, as
amended;
(10)(8) Members of labor organizations who hold union
counselor certificates while performing services in their official
capacity as union counselors;
(11)(9) Any person employed in a hospital as defined in
section 3727.01 of the Revised Code or in a nursing home as
defined in section 3721.01 of the Revised Code while providing as
a hospital employee or nursing home employee, respectively, social
services other than counseling and the use of psychosocial
interventions and social psychotherapy;
(10) A vocational rehabilitation professional who is
providing vocational rehabilitation counseling or services to
individuals under section 3304.17 of the Revised Code.
(B) Divisions (A)(5), (9),(7) and
(11)(9) of this section do
not prevent a person described in those divisions from obtaining a
license or certificate of registration under this chapter.
(C) Except as provided in divisions (D) and (E) of this
section, no employee in the service of the state, including public
employees as defined by Chapter 4117. of the Revised Code, shall
engage in marriage and family therapy, social work, or
professional counseling without a license. Failure to comply with
this division constitutes nonfeasance under section 124.34 of the
Revised Code or just cause under a collective bargaining
agreement. Nothing in this division restricts the director of
administrative services from developing new classifications
related to this division or from reassigning affected employees to
appropriate classifications based on the employee's duties and
qualifications.
(D) An employee who was engaged in marriage and family
therapy, social work, or professional counseling in the service of
the state prior to the effective date of this amendment, including
public employees as defined by Chapter 4117. of the Revised Code,
shall be in compliance with division (C) of this section within
two years after the effective date of this amendment. Any such
employee who fails to comply shall be removed from employment.
(E) Nothing in this chapter shall be construed to require
licensure or certification for a caseworker employed by a public
children services agency under section 5153.112 of the Revised
Code.
Sec. 5101.61. (A) As used in this section:
(1) "Senior service provider" means any person who provides
care or services to a person who is an adult as defined in
division (B) of section 5101.60 of the Revised Code.
(2) "Ambulatory health facility" means a nonprofit, public or
proprietary freestanding organization or a unit of such an agency
or organization that:
(a) Provides preventive, diagnostic, therapeutic,
rehabilitative, or palliative items or services furnished to an
outpatient or ambulatory patient, by or under the direction of a
physician or dentist in a facility which is not a part of a
hospital, but which is organized and operated to provide medical
care to outpatients;
(b) Has health and medical care policies which are developed
with the advice of, and with the provision of review of such
policies, an advisory committee of professional personnel,
including one or more physicians, one or more dentists, if dental
care is provided, and one or more registered nurses;
(c) Has a medical director, a dental director, if dental care
is provided, and a nursing director responsible for the execution
of such policies, and has physicians, dentists, nursing, and
ancillary staff appropriate to the scope of services provided;
(d) Requires that the health care and medical care of every
patient be under the supervision of a physician, provides for
medical care in a case of emergency, has in effect a written
agreement with one or more hospitals and other centers or clinics,
and has an established patient referral system to other resources,
and a utilization review plan and program;
(e) Maintains clinical records on all patients;
(f) Provides nursing services and other therapeutic services
in accordance with programs and policies, with such services
supervised by a registered professional nurse, and has a
registered professional nurse on duty at all times of clinical
operations;
(g) Provides approved methods and procedures for the
dispensing and administration of drugs and biologicals;
(h) Has established an accounting and record keeping system
to determine reasonable and allowable costs;
(i) "Ambulatory health facilities" also includes an
alcoholism treatment facility approved by the joint commission on
accreditation of healthcare organizations as an alcoholism
treatment facility or certified by the department of alcohol and
drug addiction services, and such facility shall comply with other
provisions of this division not inconsistent with such
accreditation or certification.
(3) "Community mental health facility" means a facility which
provides community mental health services and is included in the
comprehensive mental health plan for the alcohol, drug addiction,
and mental health service district in which it is located.
(4) "Community mental health service" means services, other
than inpatient services, provided by a community mental health
facility.
(5) "Home health agency" means an institution or a distinct
part of an institution operated in this state which:
(a) Is primarily engaged in providing home health services;
(b) Has home health policies which are established by a group
of professional personnel, including one or more duly licensed
doctors of medicine or osteopathy and one or more registered
professional nurses, to govern the home health services it
provides and which includes a requirement that every patient must
be under the care of a duly licensed doctor of medicine or
osteopathy;
(c) Is under the supervision of a duly licensed doctor of
medicine or doctor of osteopathy or a registered professional
nurse who is responsible for the execution of such home health
policies;
(d) Maintains comprehensive records on all patients;
(e) Is operated by the state, a political subdivision, or an
agency of either, or is operated not for profit in this state and
is licensed or registered, if required, pursuant to law by the
appropriate department of the state, county, or municipality in
which it furnishes services; or is operated for profit in this
state, meets all the requirements specified in divisions (A)(5)(a)
to (d) of this section, and is certified under Title XVIII of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as
amended.
(6) "Home health service" means the following items and
services, provided, except as provided in division (A)(6)(g) of
this section, on a visiting basis in a place of residence used as
the patient's home:
(a) Nursing care provided by or under the supervision of a
registered professional nurse;
(b) Physical, occupational, or speech therapy ordered by the
patient's attending physician;
(c) Medical social services performed by or under the
supervision of a qualified medical or psychiatric social worker
and under the direction of the patient's attending physician;
(d) Personal health care of the patient performed by aides in
accordance with the orders of a doctor of medicine or osteopathy
and under the supervision of a registered professional nurse;
(e) Medical supplies and the use of medical appliances;
(f) Medical services of interns and residents-in-training
under an approved teaching program of a nonprofit hospital and
under the direction and supervision of the patient's attending
physician;
(g) Any of the foregoing items and services which:
(i) Are provided on an outpatient basis under arrangements
made by the home health agency at a hospital or skilled nursing
facility;
(ii) Involve the use of equipment of such a nature that the
items and services cannot readily be made available to the patient
in the patient's place of residence, or which are furnished at the
hospital or skilled nursing facility while the patient is there to
receive any item or service involving the use of such equipment.
Any attorney, physician, osteopath, podiatrist, chiropractor,
dentist, psychologist, any employee of a hospital as defined in
section 3701.01 of the Revised Code, any nurse licensed under
Chapter 4723. of the Revised Code, any employee of an ambulatory
health facility, any employee of a home health agency, any
employee of an adult care facility as defined in section 5119.70
of the Revised Code, any employee of a nursing home, residential
care facility, or home for the aging, as defined in section
3721.01 of the Revised Code, any senior service provider, any
peace officer, coroner, clergyman member of the clergy, any
employee of a community mental health facility, and any person
engaged in social work or, counseling, or marriage and family
therapy having reasonable cause to believe that an adult is being
abused, neglected, or exploited, or is in a condition which is the
result of abuse, neglect, or exploitation shall immediately report
such belief to the county department of job and family services.
This section does not apply to employees of any hospital or public
hospital as defined in section 5122.01 of the Revised Code.
(B) Any person having reasonable cause to believe that an
adult has suffered abuse, neglect, or exploitation may report, or
cause reports to be made of such belief to the department.
(C) The reports made under this section shall be made orally
or in writing except that oral reports shall be followed by a
written report if a written report is requested by the department.
Written reports shall include:
(1) The name, address, and approximate age of the adult who
is the subject of the report;
(2) The name and address of the individual responsible for
the adult's care, if any individual is, and if the individual is
known;
(3) The nature and extent of the alleged abuse, neglect, or
exploitation of the adult;
(4) The basis of the reporter's belief that the adult has
been abused, neglected, or exploited.
(D) Any person with reasonable cause to believe that an adult
is suffering abuse, neglect, or exploitation who makes a report
pursuant to this section or who testifies in any administrative or
judicial proceeding arising from such a report, or any employee of
the state or any of its subdivisions who is discharging
responsibilities under section 5101.62 of the Revised Code shall
be immune from civil or criminal liability on account of such
investigation, report, or testimony, except liability for perjury,
unless the person has acted in bad faith or with malicious
purpose.
(E) No employer or any other person with the authority to do
so shall discharge, demote, transfer, prepare a negative work
performance evaluation, or reduce benefits, pay, or work
privileges, or take any other action detrimental to an employee or
in any way retaliate against an employee as a result of the
employee's having filed a report under this section.
(F) Neither the written or oral report provided for in this
section nor the investigatory report provided for in section
5101.62 of the Revised Code shall be considered a public record as
defined in section 149.43 of the Revised Code. Information
contained in the report shall upon request be made available to
the adult who is the subject of the report, to agencies authorized
by the department to receive information contained in the report,
and to legal counsel for the adult.
Sec. 5123.61. (A) As used in this section:
(1) "Law enforcement agency" means the state highway patrol,
the police department of a municipal corporation, or a county
sheriff.
(2) "Abuse" has the same meaning as in section 5123.50 of the
Revised Code, except that it includes a misappropriation, as
defined in that section.
(3) "Neglect" has the same meaning as in section 5123.50 of
the Revised Code.
(B) The department of developmental disabilities shall
establish a registry office for the purpose of maintaining reports
of abuse, neglect, and other major unusual incidents made to the
department under this section and reports received from county
boards of developmental disabilities under section 5126.31 of the
Revised Code. The department shall establish committees to review
reports of abuse, neglect, and other major unusual incidents.
(C)(1) Any person listed in division (C)(2) of this section,
having reason to believe that a person with mental retardation or
a developmental disability has suffered or faces a substantial
risk of suffering any wound, injury, disability, or condition of
such a nature as to reasonably indicate abuse or neglect of that
person, shall immediately report or cause reports to be made of
such information to the entity specified in this division. Except
as provided in section 5120.173 of the Revised Code or as
otherwise provided in this division, the person making the report
shall make it to a law enforcement agency or to the county board
of developmental disabilities. If the report concerns a resident
of a facility operated by the department of developmental
disabilities the report shall be made either to a law enforcement
agency or to the department. If the report concerns any act or
omission of an employee of a county board of developmental
disabilities, the report immediately shall be made to the
department and to the county board.
(2) All of the following persons are required to make a
report under division (C)(1) of this section:
(a) Any physician, including a hospital intern or resident,
any dentist, podiatrist, chiropractor, practitioner of a limited
branch of medicine as specified in section 4731.15 of the Revised
Code, hospital administrator or employee of a hospital, nurse
licensed under Chapter 4723. of the Revised Code, employee of an
ambulatory health facility as defined in section 5101.61 of the
Revised Code, employee of a home health agency, employee of an
adult care facility licensed under Chapter 3722. of the Revised
Code, or employee of a community mental health facility;
(b) Any school teacher or school authority, professional
counselor, social worker, marriage and family therapist,
psychologist, attorney, peace officer, coroner, or residents'
rights advocate as defined in section 3721.10 of the Revised Code;
(c) A superintendent, board member, or employee of a county
board of developmental disabilities; an administrator, board
member, or employee of a residential facility licensed under
section 5123.19 of the Revised Code; an administrator, board
member, or employee of any other public or private provider of
services to a person with mental retardation or a developmental
disability, or any MR/DD employee, as defined in section 5123.50
of the Revised Code;
(d) A member of a citizen's advisory council established at
an institution or branch institution of the department of
developmental disabilities under section 5123.092 of the Revised
Code;
(e) A clergyman member of the clergy who is employed in a
position that includes providing specialized services to an
individual with mental retardation or another developmental
disability, while acting in an official or professional capacity
in that position, or a person who is employed in a position that
includes providing specialized services to an individual with
mental retardation or another developmental disability and who,
while acting in an official or professional capacity, renders
spiritual treatment through prayer in accordance with the tenets
of an organized religion.
(3)(a) The reporting requirements of this division do not
apply to members of the legal rights service commission or to
employees of the legal rights service.
(b) An attorney or physician is not required to make a report
pursuant to division (C)(1) of this section concerning any
communication the attorney or physician receives from a client or
patient in an attorney-client or physician-patient relationship,
if, in accordance with division (A) or (B) of section 2317.02 of
the Revised Code, the attorney or physician could not testify with
respect to that communication in a civil or criminal proceeding,
except that the client or patient is deemed to have waived any
testimonial privilege under division (A) or (B) of section 2317.02
of the Revised Code with respect to that communication and the
attorney or physician shall make a report pursuant to division
(C)(1) of this section, if both of the following apply:
(i) The client or patient, at the time of the communication,
is a person with mental retardation or a developmental disability.
(ii) The attorney or physician knows or suspects, as a result
of the communication or any observations made during that
communication, that the client or patient has suffered or faces a
substantial risk of suffering any wound, injury, disability, or
condition of a nature that reasonably indicates abuse or neglect
of the client or patient.
(4) Any person who fails to make a report required under
division (C) of this section and who is an MR/DD employee, as
defined in section 5123.50 of the Revised Code, shall be eligible
to be included in the registry regarding misappropriation, abuse,
neglect, or other specified misconduct by MR/DD employees
established under section 5123.52 of the Revised Code.
(D) The reports required under division (C) of this section
shall be made forthwith by telephone or in person and shall be
followed by a written report. The reports shall contain the
following:
(1) The names and addresses of the person with mental
retardation or a developmental disability and the person's
custodian, if known;
(2) The age of the person with mental retardation or a
developmental disability;
(3) Any other information that would assist in the
investigation of the report.
(E) When a physician performing services as a member of the
staff of a hospital or similar institution has reason to believe
that a person with mental retardation or a developmental
disability has suffered injury, abuse, or physical neglect, the
physician shall notify the person in charge of the institution or
that person's designated delegate, who shall make the necessary
reports.
(F) Any person having reasonable cause to believe that a
person with mental retardation or a developmental disability has
suffered or faces a substantial risk of suffering abuse or neglect
may report or cause a report to be made of that belief to the
entity specified in this division. Except as provided in section
5120.173 of the Revised Code or as otherwise provided in this
division, the person making the report shall make it to a law
enforcement agency or the county board of developmental
disabilities. If the person is a resident of a facility operated
by the department of developmental disabilities, the report shall
be made to a law enforcement agency or to the department. If the
report concerns any act or omission of an employee of a county
board of developmental disabilities, the report immediately shall
be made to the department and to the county board.
(G)(1) Upon the receipt of a report concerning the possible
abuse or neglect of a person with mental retardation or a
developmental disability, the law enforcement agency shall inform
the county board of developmental disabilities or, if the person
is a resident of a facility operated by the department of
developmental disabilities, the director of the department or the
director's designee.
(2) On receipt of a report under this section that includes
an allegation of action or inaction that may constitute a crime
under federal law or the law of this state, the department of
developmental disabilities shall notify the law enforcement
agency.
(3) When a county board of developmental disabilities
receives a report under this section that includes an allegation
of action or inaction that may constitute a crime under federal
law or the law of this state, the superintendent of the board or
an individual the superintendent designates under division (H) of
this section shall notify the law enforcement agency. The
superintendent or individual shall notify the department of
developmental disabilities when it receives any report under this
section.
(4) When a county board of developmental disabilities
receives a report under this section and believes that the degree
of risk to the person is such that the report is an emergency, the
superintendent of the board or an employee of the board the
superintendent designates shall attempt a face-to-face contact
with the person with mental retardation or a developmental
disability who allegedly is the victim within one hour of the
board's receipt of the report.
(H) The superintendent of the board may designate an
individual to be responsible for notifying the law enforcement
agency and the department when the county board receives a report
under this section.
(I) An adult with mental retardation or a developmental
disability about whom a report is made may be removed from the
adult's place of residence only by law enforcement officers who
consider that the adult's immediate removal is essential to
protect the adult from further injury or abuse or in accordance
with the order of a court made pursuant to section 5126.33 of the
Revised Code.
(J) A law enforcement agency shall investigate each report of
abuse or neglect it receives under this section. In addition, the
department, in cooperation with law enforcement officials, shall
investigate each report regarding a resident of a facility
operated by the department to determine the circumstances
surrounding the injury, the cause of the injury, and the person
responsible. The investigation shall be in accordance with the
memorandum of understanding prepared under section 5126.058 of the
Revised Code. The department shall determine, with the registry
office which shall be maintained by the department, whether prior
reports have been made concerning an adult with mental retardation
or a developmental disability or other principals in the case. If
the department finds that the report involves action or inaction
that may constitute a crime under federal law or the law of this
state, it shall submit a report of its investigation, in writing,
to the law enforcement agency. If the person with mental
retardation or a developmental disability is an adult, with the
consent of the adult, the department shall provide such protective
services as are necessary to protect the adult. The law
enforcement agency shall make a written report of its findings to
the department.
If the person is an adult and is not a resident of a facility
operated by the department, the county board of developmental
disabilities shall review the report of abuse or neglect in
accordance with sections 5126.30 to 5126.33 of the Revised Code
and the law enforcement agency shall make the written report of
its findings to the county board.
(K) Any person or any hospital, institution, school, health
department, or agency participating in the making of reports
pursuant to this section, any person participating as a witness in
an administrative or judicial proceeding resulting from the
reports, or any person or governmental entity that discharges
responsibilities under sections 5126.31 to 5126.33 of the Revised
Code shall be immune from any civil or criminal liability that
might otherwise be incurred or imposed as a result of such actions
except liability for perjury, unless the person or governmental
entity has acted in bad faith or with malicious purpose.
(L) No employer or any person with the authority to do so
shall discharge, demote, transfer, prepare a negative work
performance evaluation, reduce pay or benefits, terminate work
privileges, or take any other action detrimental to an employee or
retaliate against an employee as a result of the employee's having
made a report under this section. This division does not preclude
an employer or person with authority from taking action with
regard to an employee who has made a report under this section if
there is another reasonable basis for the action.
(M) Reports made under this section are not public records as
defined in section 149.43 of the Revised Code. Information
contained in the reports on request shall be made available to the
person who is the subject of the report, to the person's legal
counsel, and to agencies authorized to receive information in the
report by the department or by a county board of developmental
disabilities.
(N) Notwithstanding section 4731.22 of the Revised Code, the
physician-patient privilege shall not be a ground for excluding
evidence regarding the injuries or physical neglect of a person
with mental retardation or a developmental disability or the cause
thereof in any judicial proceeding resulting from a report
submitted pursuant to this section.
Section 2. That existing sections 1701.03, 1705.03, 1705.04,
1705.53, 1785.01, 1785.02, 1785.03, 2305.234, 2305.51, 2921.22,
3107.014, 3701.74, 3721.21, 4723.16, 4725.33, 4729.161, 4731.226,
4731.65, 4732.28, 4734.17, 4755.471, 4757.03, 4757.16, 4757.22,
4757.23, 4757.27, 4757.28, 4757.29, 4757.30, 4757.31, 4757.33,
4757.36, 4757.41, 5101.61, and 5123.61 and section 4757.12 of the
Revised Code are hereby repealed.
Section 3. Within one year after the effective date of this
act, the Office of Collective Bargaining within the Department of
Administrative Services shall implement the change by this act to
division (A)(5) of section 4757.41 of the Revised Code.
Within ninety days after the effective date of this act, the
Office of Collective Bargaining shall negotiate with each state
agency and the affected union to reach a mutually agreeable
resolution for employees impacted by this change.
Notwithstanding divisions (A) and (D) of section 124.14 of
the Revised Code or any other contrary provision of law, for
employees in the service of the state exempt from Chapter 4117. of
the Revised Code who are impacted by this change, the Director of
Administrative Services may implement any or all of the provisions
of the resolutions described in the preceding paragraph.
The Director, within ninety days after the effective date of
this act, shall develop and assign new classifications related to
this change as needed and reassign impacted employees to
appropriate classifications based on the employee's duties and
qualifications.
Section 4. That the version of section 5123.61 of the
Revised Code that is scheduled to take effect October 1, 2012, be
amended to read as follows:
Sec. 5123.61. (A) As used in this section:
(1) "Law enforcement agency" means the state highway patrol,
the police department of a municipal corporation, or a county
sheriff.
(2) "Abuse" has the same meaning as in section 5123.50 of the
Revised Code, except that it includes a misappropriation, as
defined in that section.
(3) "Neglect" has the same meaning as in section 5123.50 of
the Revised Code.
(B) The department of developmental disabilities shall
establish a registry office for the purpose of maintaining reports
of abuse, neglect, and other major unusual incidents made to the
department under this section and reports received from county
boards of developmental disabilities under section 5126.31 of the
Revised Code. The department shall establish committees to review
reports of abuse, neglect, and other major unusual incidents.
(C)(1) Any person listed in division (C)(2) of this section,
having reason to believe that a person with mental retardation or
a developmental disability has suffered or faces a substantial
risk of suffering any wound, injury, disability, or condition of
such a nature as to reasonably indicate abuse or neglect of that
person, shall immediately report or cause reports to be made of
such information to the entity specified in this division. Except
as provided in section 5120.173 of the Revised Code or as
otherwise provided in this division, the person making the report
shall make it to a law enforcement agency or to the county board
of developmental disabilities. If the report concerns a resident
of a facility operated by the department of developmental
disabilities the report shall be made either to a law enforcement
agency or to the department. If the report concerns any act or
omission of an employee of a county board of developmental
disabilities, the report immediately shall be made to the
department and to the county board.
(2) All of the following persons are required to make a
report under division (C)(1) of this section:
(a) Any physician, including a hospital intern or resident,
any dentist, podiatrist, chiropractor, practitioner of a limited
branch of medicine as specified in section 4731.15 of the Revised
Code, hospital administrator or employee of a hospital, nurse
licensed under Chapter 4723. of the Revised Code, employee of an
ambulatory health facility as defined in section 5101.61 of the
Revised Code, employee of a home health agency, employee of an
adult care facility licensed under Chapter 3722. of the Revised
Code, or employee of a community mental health facility;
(b) Any school teacher or school authority, professional
counselor, social worker, marriage and family therapist,
psychologist, attorney, peace officer, coroner, or residents'
rights advocate as defined in section 3721.10 of the Revised Code;
(c) A superintendent, board member, or employee of a county
board of developmental disabilities; an administrator, board
member, or employee of a residential facility licensed under
section 5123.19 of the Revised Code; an administrator, board
member, or employee of any other public or private provider of
services to a person with mental retardation or a developmental
disability, or any MR/DD employee, as defined in section 5123.50
of the Revised Code;
(d) A member of a citizen's advisory council established at
an institution or branch institution of the department of
developmental disabilities under section 5123.092 of the Revised
Code;
(e) A clergyman member of the clergy who is employed in a
position that includes providing specialized services to an
individual with mental retardation or another developmental
disability, while acting in an official or professional capacity
in that position, or a person who is employed in a position that
includes providing specialized services to an individual with
mental retardation or another developmental disability and who,
while acting in an official or professional capacity, renders
spiritual treatment through prayer in accordance with the tenets
of an organized religion.
(3)(a) The reporting requirements of this division do not
apply to employees of the Ohio protection and advocacy system.
(b) An attorney or physician is not required to make a report
pursuant to division (C)(1) of this section concerning any
communication the attorney or physician receives from a client or
patient in an attorney-client or physician-patient relationship,
if, in accordance with division (A) or (B) of section 2317.02 of
the Revised Code, the attorney or physician could not testify with
respect to that communication in a civil or criminal proceeding,
except that the client or patient is deemed to have waived any
testimonial privilege under division (A) or (B) of section 2317.02
of the Revised Code with respect to that communication and the
attorney or physician shall make a report pursuant to division
(C)(1) of this section, if both of the following apply:
(i) The client or patient, at the time of the communication,
is a person with mental retardation or a developmental disability.
(ii) The attorney or physician knows or suspects, as a result
of the communication or any observations made during that
communication, that the client or patient has suffered or faces a
substantial risk of suffering any wound, injury, disability, or
condition of a nature that reasonably indicates abuse or neglect
of the client or patient.
(4) Any person who fails to make a report required under
division (C) of this section and who is an MR/DD employee, as
defined in section 5123.50 of the Revised Code, shall be eligible
to be included in the registry regarding misappropriation, abuse,
neglect, or other specified misconduct by MR/DD employees
established under section 5123.52 of the Revised Code.
(D) The reports required under division (C) of this section
shall be made forthwith by telephone or in person and shall be
followed by a written report. The reports shall contain the
following:
(1) The names and addresses of the person with mental
retardation or a developmental disability and the person's
custodian, if known;
(2) The age of the person with mental retardation or a
developmental disability;
(3) Any other information that would assist in the
investigation of the report.
(E) When a physician performing services as a member of the
staff of a hospital or similar institution has reason to believe
that a person with mental retardation or a developmental
disability has suffered injury, abuse, or physical neglect, the
physician shall notify the person in charge of the institution or
that person's designated delegate, who shall make the necessary
reports.
(F) Any person having reasonable cause to believe that a
person with mental retardation or a developmental disability has
suffered or faces a substantial risk of suffering abuse or neglect
may report or cause a report to be made of that belief to the
entity specified in this division. Except as provided in section
5120.173 of the Revised Code or as otherwise provided in this
division, the person making the report shall make it to a law
enforcement agency or the county board of developmental
disabilities. If the person is a resident of a facility operated
by the department of developmental disabilities, the report shall
be made to a law enforcement agency or to the department. If the
report concerns any act or omission of an employee of a county
board of developmental disabilities, the report immediately shall
be made to the department and to the county board.
(G)(1) Upon the receipt of a report concerning the possible
abuse or neglect of a person with mental retardation or a
developmental disability, the law enforcement agency shall inform
the county board of developmental disabilities or, if the person
is a resident of a facility operated by the department of
developmental disabilities, the director of the department or the
director's designee.
(2) On receipt of a report under this section that includes
an allegation of action or inaction that may constitute a crime
under federal law or the law of this state, the department of
developmental disabilities shall notify the law enforcement
agency.
(3) When a county board of developmental disabilities
receives a report under this section that includes an allegation
of action or inaction that may constitute a crime under federal
law or the law of this state, the superintendent of the board or
an individual the superintendent designates under division (H) of
this section shall notify the law enforcement agency. The
superintendent or individual shall notify the department of
developmental disabilities when it receives any report under this
section.
(4) When a county board of developmental disabilities
receives a report under this section and believes that the degree
of risk to the person is such that the report is an emergency, the
superintendent of the board or an employee of the board the
superintendent designates shall attempt a face-to-face contact
with the person with mental retardation or a developmental
disability who allegedly is the victim within one hour of the
board's receipt of the report.
(H) The superintendent of the board may designate an
individual to be responsible for notifying the law enforcement
agency and the department when the county board receives a report
under this section.
(I) An adult with mental retardation or a developmental
disability about whom a report is made may be removed from the
adult's place of residence only by law enforcement officers who
consider that the adult's immediate removal is essential to
protect the adult from further injury or abuse or in accordance
with the order of a court made pursuant to section 5126.33 of the
Revised Code.
(J) A law enforcement agency shall investigate each report of
abuse or neglect it receives under this section. In addition, the
department, in cooperation with law enforcement officials, shall
investigate each report regarding a resident of a facility
operated by the department to determine the circumstances
surrounding the injury, the cause of the injury, and the person
responsible. The investigation shall be in accordance with the
memorandum of understanding prepared under section 5126.058 of the
Revised Code. The department shall determine, with the registry
office which shall be maintained by the department, whether prior
reports have been made concerning an adult with mental retardation
or a developmental disability or other principals in the case. If
the department finds that the report involves action or inaction
that may constitute a crime under federal law or the law of this
state, it shall submit a report of its investigation, in writing,
to the law enforcement agency. If the person with mental
retardation or a developmental disability is an adult, with the
consent of the adult, the department shall provide such protective
services as are necessary to protect the adult. The law
enforcement agency shall make a written report of its findings to
the department.
If the person is an adult and is not a resident of a facility
operated by the department, the county board of developmental
disabilities shall review the report of abuse or neglect in
accordance with sections 5126.30 to 5126.33 of the Revised Code
and the law enforcement agency shall make the written report of
its findings to the county board.
(K) Any person or any hospital, institution, school, health
department, or agency participating in the making of reports
pursuant to this section, any person participating as a witness in
an administrative or judicial proceeding resulting from the
reports, or any person or governmental entity that discharges
responsibilities under sections 5126.31 to 5126.33 of the Revised
Code shall be immune from any civil or criminal liability that
might otherwise be incurred or imposed as a result of such actions
except liability for perjury, unless the person or governmental
entity has acted in bad faith or with malicious purpose.
(L) No employer or any person with the authority to do so
shall discharge, demote, transfer, prepare a negative work
performance evaluation, reduce pay or benefits, terminate work
privileges, or take any other action detrimental to an employee or
retaliate against an employee as a result of the employee's having
made a report under this section. This division does not preclude
an employer or person with authority from taking action with
regard to an employee who has made a report under this section if
there is another reasonable basis for the action.
(M) Reports made under this section are not public records as
defined in section 149.43 of the Revised Code. Information
contained in the reports on request shall be made available to the
person who is the subject of the report, to the person's legal
counsel, and to agencies authorized to receive information in the
report by the department or by a county board of developmental
disabilities.
(N) Notwithstanding section 4731.22 of the Revised Code, the
physician-patient privilege shall not be a ground for excluding
evidence regarding the injuries or physical neglect of a person
with mental retardation or a developmental disability or the cause
thereof in any judicial proceeding resulting from a report
submitted pursuant to this section.
Section 5. That the existing version of section 5123.61 of
the Revised Code that is scheduled to take effect October 1, 2012,
is hereby repealed.
Section 6. Section 4 and 5 of this act take effect October
1, 2012.
|
|